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HomeMy WebLinkAbout2008-01-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 15, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 15, 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 7:13 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Barker Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present: (Vice Mayor Eck and Councilmember Dietz were absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly Parks & Recreation Director Jeff Bell Development Svcs. Director Brad Steinke Planning Manager Fred Baker Human Resources Director Liz Riley REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 1 OF 44 Others Present:Grants Specialist Roger Hacker Program Coordinator Heather Patel Public Works Manager Shane Kiesow Assistant Planner Todd Kennedy Assistant Planner Yanet Ochoa Parks Superintendent Nick Blake ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE APPOINTMENT OF DAVID FERN TO THE POSITION OF PUBLIC WORKS DIRECTOR BE RATIFIED; AND THAT THE AWARD OF BID FOR PW 2004-05, DELAWARE DRIVE STREET IMPROVEMENTS, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $553,683.00. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Maxine Leather, Executive Director of Central Arizona Association of Governments, presented Mayor Insalaco with a copy of the 2007 Innovation in Technology award received by Central Arizona Association of Governments from the National Association of Development Organizations.Mayor Insalaco assisted by providing leadership and guidance. CALL TO THE PUBLIC Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council regarding the use of solar power on new city buildings and the use of LED traffic control signals instead of incandescent traffic control signals. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 2 OF 44 Mr. Mike Lewis, 4681 N. San Marcos, Apache Junction, addressed the council regarding the Option X work session item, taxing free speech and free speech not needing a business license. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding the possible change in when board and commission appointments are made, suggested annual retreats for the planning and zoning commission and that the Citizen Leadership Institute students should be required to attend a planning and zoning commission meeting. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding the Option X code, the 9th Circuit Court ruling, and sales taxes. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding a bond issue, inappropriate spending and court issues. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a rumor that a councilmember used a racial slur about illegal immigrants and requested the city manager research the matter and get back to him. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding the November 30, 2007 weekly report, issues being looked into before the money is spent, the bond issue, and working with developers to let them know what we want. Mr. James Campbell, 3700 S. Ironwood, Apache Junction, addressed the council regarding the speed limit in his mobile home park. Mr. Steve White, 105 N. Delaware, Apache Junction, addressed the council regarding the Option X exemption and his not being called to speak at the work session, business licenses and taxes, and stated he would be taking the city to court. Mr. Jim Taylor, 84 E. 14th Avenue, Apache Junction, addressed the council regarding updating and strengthening the zoning laws to limit group homes and halfway houses in subdivisions as they are having problems in Quail Hollow. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 3 OF 44 Ms. Jane Malek, 93 E. 14th Avenue, Apache Junction, addressed the council regarding their CCR's forbidding in -home businesses and the group home that has changed the character of the Quail Hollow neighborhood. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the upcoming Renaissance Festival. Mr. Emory Caudill, 39216 N. Kelley Circle, Queen Creek, addressed the council regarding Option X and that taxes apply only to those that are selling someone else's work, not their own. Ms. Colleen Hill, 1615 W. Mockingbird, Apache Junction, addressed the council regarding acts of vandalism in the new Ironwood Trails neighborhood and the need for street lights. Councilmember Barker requested that staff speak with Ms. Hill regarding the streets and street lights. Mayor Insalaco commented that Mr. Caudill lives in Queen Creek. Councilmember Wilson commented that when they discussed Option X at the work session last night, it was to get information on it. Mr. White and several others stated that the work sessions had not been opened up for his comments.They need to realize that the council cannot talk to them nor comment on it during the work session.There are only 7 Arizona cities that have adopted Option X. Councilmember Barker requested that staff talk to Mr. Campbell or his parents as it appears this is within their park; she does not think he understands that.She added the council is already aware of what is happening in the Quail Hollow subdivision and they are watching to see what happens. CITY MANAGER'S REPORT City Manager George Hoffman stated the condition of the regional and national economies has been well publicized.Staff and he are working on a budget plan which will not only insure revenues for this fiscal year, but also position the city well for next fiscal year.The city has lived within its means for many REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 4 OF 44 years.The big variable this year is how the state government handles their fiscal situation.Joint hearings were held with members of the house and senate appropriations committees to address the nearly one billion dollar shortfall in the current budget.A number of budget cuts were recommended from each state agency.Some of those cuts would directly affect cities and towns.One cut, labeled a cost shift, would fund the Department of Public Safety officers with $106 million from the Highway User Revenue Fund.This fund is a significant community resource for building and maintaining our roadway system.For over 3 decades a small portion, about 15% of the income taxes collected by the state, have been shared with Arizona cities and towns, and it was mandated by voters in 1972.Apache Junction utilizes these shared revenues to provide police, roads, parks and libraries.This revenue is a significant revenue source for the city.The city is already exposed to the same economic trends as the state.He believes if the state can balance its budget, the city balance its budget.If the state tries to balance their budget on the backs of cities and towns, balancing the city budget will be substantially more challenging.Last night council indicated the desire to meet with the boards and commissions.In their annual work plan they targeted the development of an outreach plan involving meetings and communications with partners both internal and external to the community.The draft plan is a timeline divided by quarters through 2009.The goal for each quarter is for council to meet with at least one internal and external partner.The plan is flexible and can be modified to include other entities or move up the meeting date for a particular group.At the next work session they will discuss the draft and give direction the following night on how it should be implemented.Library Director Pam Loui reports the new library addition is now in use and the public is getting oriented to the new entry and parking lot.Staff is adjusting to the new check -in units and the new service desk and the public is learning where their favorite collections are.They have wonderful greeters who give directions to the customers and other volunteers from the Friends of the ,Library are operating the café from 9 a.m. to 1 p.m. Monday through Saturday for the next few weeks.They are still in transition mode, with the front parking lot closed during remodeling.Some sections are inaccessible during construction.The end result will be well worth the effort.He attended the library volunteer recognition event last week where REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 5 OF 44 staff expressed their thanks and appreciation for their assistance.The Apache Junction Jazz Band provided entertainment for the event.The police department continues to recruit and fill staff vacancies.Two new lateral officers and a new recruit have joined the department in recent weeks. Tomorrow 10 candidates will test in the department's pre- physical testing program; approximately 50% have been successful in the past.The city was recognized by the Arizona Department of Housing in its winter 2008 e -newsletter for receipt of the award presented by the mayor and council at the December 4, 2007 meeting for support and funding of the community's development and housing project totaling almost $4 million since 1992.The December issue of Parks and Recreation Magazine published an article by Recreation Coordinator Gary Gartner that described the code of conduct he developed and implemented in the adult sports leagues.This is a national magazine.He has received numerous calls and emails around the nation. ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco announced that Saturday he dedicated another home at Habitat for Humanity for the Nichole Hudson family.He added they would be looking into what can be done about the streetlights. PUBLIC HEARINGS APPLICATION FOR ACQUISITION OF CONTROL, CORPORATION, SERIES 6 LIQUOR LICENSE FOR APACHE GREYHOUND PARK/ARIZONA FOODSERVICE INC. )City Clerk Kathleen Connelly briefed the council on the item.She stated it is unusual as there is no location or ownership change.It is strictly a paperwork change to clarify one of the people that is already on the license.There are no objections and Mr. Braunger is here in the event of any questions. Mayor Insalaco asked if there were any questions.There were none.He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 6 OF 44 Councilmember Severs MOVED THAT THE APPLICATION FOR ACQUISITION OF CONTROL, CORPORATION, SERIES 6 LIQUOR LICENSE FOR APACHE GREYHOUND PARK/ARIZONA FOODSERVICE INC. SUBMITTED BY DANIEL ALAN LUCIANO BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE 2349 FOR LOST DUTCHMAN DAYS )City Clerk Kathleen Connelly briefed the council on the item.She stated this is an annual request.This is for Lost Dutchman Days activities, extending their premises so they can hold an outdoor event outside their normal area.There are no objections to this and they have been asked to be present to respond to any questions. Mayor Insalaco requested the applicant address the council.The applicant declined unless there were questions.There were no questions.He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and opened the item to council discussion.There being no discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE 2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 21-22, 2008, SUBMITTED BY DENNIS LEE WALTER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 7 OF 44 The motion carried. CUP 2-07, AN APPEAL OF A PLANNING AND ZONING COMMISSION DECISION DENYING A CONDITIONAL USE PERMIT TO ALLOW ADDITIONAL HEIGHT FOR A FREEWAY PYLON SIGN )Assistant Planner Todd Kennedy briefed the council on the item.He stated the commission denied the 60' sign on October 23, 2007 by a vote of 2-4.The applicant is appealing the decision because they believe it is in error because of existing taller signs on the highway.Carl's Jr. would like to replace the existing sign with a new 60' pylon sign.It would be taller than what is allowed by the sign code by 16 feet.The pole would be made of an aluminum material with a stucco finish.If approved, staff recommends the following conditions of approval:the yellow star should be enclosed by a box equal to the width of the sign and it shall not exceed 60' in height in order to improve the aesthetics of the sign; the sign shall have additional enhanced architectural features around the sign consistent with the zoning ordinance sign code; if the conditions are not complied with, the permit shall be subject to reversion at the discretion of the planning and zoning commission. Mayor Insalaco requested the applicant address the council. Mr. Mike Roberts, 3071 Orange Park, Florida, Allen Industries, the contracting company that is working with Carl's Jr., addressed the council.The site is attached with Bill's Ghost, an upscale convenience store.They think people in the community will be shopping there.They are asking for a taller sign that is only about 15' above what is normally allowed.The area is over 400' off the highway because of the right-of-way and the position of the property.The property is difficult to see when traveling westbound.They want to pull more people off the freeway and grow that area of town.There are other taller signs out there, such as the Ford dealership sign.They have done some aesthetic details to the sign, and they are willing to work with the town on the style and color.They are trying to keep the branded star, as it is a registered trademark.It cannot be modified.Bill's Ghost and REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 8 OF 44 Valero are logos.He presented a revised drawing of the sign and described it. Councilmember Barker commented one of the recommendations from the planning and zoning commission was to enclose the star.She asked what the problem is with boxing in the star. Mr. Mike Roberts stated it is a registered trademark. Councilmember Barker stated the star would still be there. Mr. Mike Roberts stated the actual star itself stands alone at all of their other restaurants.They have not boxed it in.It is kind of like the golden arches; you do not see them in a box. Councilmember Barker stated it should be. Mr. Mike Roberts stated he understands, but it is the same thing.They do not mess with their logo.He added he had copies of this latest rendition of the sign for them. Mayor Insalaco opened the public hearing on the item. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council.She is the vice chair of the planning and zoning commission.She normally lets her vote speak for itself.When they voted on this on October 23, she was taking this item all by itself and did not compare it with anything else.Based on staff recommendation and what was presented to them, she voted no.A few items later the power center on Idaho Road came up, and staff recommended they get an 80' sign.She wondered why when they had just said no to a 60' sign.There was some discussion and what it boiled down to in her opinion was they could have what they want since it is bigger business with more money.The smaller business with less money will get what we give them.She did not think it was REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 9 OF 44 fair.If she could vote again, the vote would be 3-3, and she has no intention of ever voting for less than an 80' sign along the freeway for anyone who wants it in the future. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated he was also at the meeting and he voted for it.He had taken pictures from both directions on the freeway and made a presentation of them at the meeting.He had also picked up the minutes from the council meeting where the ordinance for the 25' above grade had been approved.It also states in there 8 or 9 times that if anyone wanted over the 25' that they would have to come in for a conditional use permit.This is one of the first that came in.He showed various pictures of the proposed sign site and other signs along the freeway.He commented he does not believe the applicant will have the sign facing east and west, but north and south as it is now.It would therefore not block the mountain as it is only about a foot wide sideways. They are giving the power centers and others that we want that are new 65' signs, but they are punishing the current businesses along the freeway.He does not think that is right. Councilmember Severs stated from the podium he had a few concerns. City Clerk Kathleen Connelly asked if he was speaking as a member of the public or a member of the city council. Councilmember Severs stated he was speaking as a member of the council. City Clerk Kathleen Connelly asked if the mayor had closed the public hearing. Mayor Insalaco closed the public hearing with no one else wishing to speak. Councilmember Severs stated it worries him that there are businesses along the freeway whose signage cannot be seen.They need to be careful about city spending, the budget and the amount of tax dollars that we are getting, discouraging or losing.The pictures are a perfect REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 10 OF 44 example of what they do not have.They show barren land with houses in certain areas.They are a tax -based community and they need to start thinking that way more.When he looks at the Signal Butte picture, he sees growth.When he looks at the Tomahawk picture, he sees necessity.They need a hotel.They had the opportunity and it was nice, but they lost it, partially because they thought the sign was ugly.They did not want to see a moving sign.When he looks at Signal Butte, he sees the future with that 70' sign.When he looks at the sign with the changing message at 70' high, he sees financial stability.When he looks at signs like that, he sees sustainability and progress.The Ford sign in Apache Junction is 80' and can be seen from a mile away; the car dealerships will not be missed. He showed the Signal Butte sign and stated the sign is creating so much money for the community.It is drawing in tax dollars. There are numerous businesses on the one sign.In one picture they had two signs advertising 9 businesses.The city does not have those businesses.If the people traveling westbound miss our last off ramp, they will be spending their money at Signal Butte.They will not turn around and come back.They need to do whatever it takes to draw people here.When he looks at the pictures of the power centers, he sees growth, improvement and progress.When he looks at the Tomahawk picture, he sees nothing.He does not see any businesses and sees no reason to stop.There is no invitation to come to the city and spend money or that customers are appreciated and wanted, or that the city respects their business.That is what the city needs to start putting out.In today's paper the mayor is on target by saying that sales taxes are the city's revenue stream.He quoted the mayor as saying the more and more businesses we can get here the better off we will be.He agreed with the mayor one hundred percent.He asked the mayor what he would do as a business owner and how it would affect his business if the council came to him and told him he could only have a 4' sign. It is a different situation. Mayor Insalaco stated they just did that to him.He just got a new sign, but he is happy in what they did. Councilmember Severs commented it might hurt his business.He does not want to do that to people. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 11 OF 44 Mayor Insalaco stated it will not hurt his business. Councilmember Severs commented that on the freeway, they cannot take that chance. They have a busy corridor and they have four miles to catch everyone they can get.They have other areas in the community that are protected.They have the horse properties, open spaces, trails, low density, medium density, industrial and freeway corridor.The freeway is where the large signs belong. When he sees 60' signs in Mesa, 65' signs in Chandler and Gilbert, and 80' signs, he questioned whether the city was any less better than them, and if the city deserves what they have. He thinks they do.This is sign is not what they are seeing at Signal Butte, but is it is a lot better than what they have right now.He would love to see something like this happen. Regarding putting the star in a box, it is 2008 and everybody is thinking outside the box, and we need to start doing it.He encouraged them to be creative. Councilmember Wilson commented he had a couple of pictures as well but he does not think it is neces§ary to repeat pictures.However, he has noticed while driving up and down the freeway that in order to see the current sign, you basically have to be on top of it.If you are heading east, and you compare where the location of the sign would be against the backdrop, it will be lower than the Ford sign and slightly lower than the palm tree tower.They have said that if someone wants a higher sign they need to come back to them for a conditional use permit.He thinks this is one of them that they need to do. Councilmember Barker asked why staff asked for the box. Assistant Planner Todd Kennedy stated instead of having the star stick out, the idea was to dress it up and decorate it.The intention was for that condition and the second condition. Councilmember Barker stated it was simply decor. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 12 OF 44 Assistant Planner Todd Kennedy stated that is correct. Councilmember Serdy commented he thinks they need to help the business all they can.There was a Burger King there and it failed.It is hard to make a Burger King fail.They need the visibility.Coming from the west in the next few months, there will be 250,000 people going to the Renaissance Festival.They may leave there being hungry and we do not want them to go to Signal Butte or Power; we want them to come here as much as possible. Councilmember Barker asked if there is a sign there for Carl's Jr. off the freeway. Assistant Planner Todd Kennedy stated there is. Councilmember Severs stated it was shown in the pictures earlier. Assistant Planner Todd Kennedy showed the picture of the current sign. Councilmember Severs commented it is off the freeway. Councilmember Barker asked if there was a freeway sign that tells you what amenities there are. Mayor Insalaco stated there is not one there. Councilmember Barker asked why there is not. City Clerk Kathleen Connelly stated those are Arizona Department of Transportation signs. Councilmember Barker asked how they occur. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 13 OF 44 City Clerk Kathleen Connelly stated they need to work with the Arizona Department of Transportation on that. Councilmember Barker commented Carl's Jr. needs to work with Arizona Department of Transportation to get a sign out there. Councilmember Serdy commented in the second version of the sign, they have the color as silver.When they have had discussions before, he had commented on making them the color of the mountains so they would blend in.The post would not be seen, just the sign.It would not block the view of the mountains.They could go with this sign and just color it the color of the mountain. Mr. Mike Roberts stated they can make the color of the sign whatever the city wants.There is no problem with that. Councilmember Serdy commented you can see the blue signs but the green ones blend in.If they go with browns, it will blend in and will not be as ugly. Mr. Mike Roberts commented they can take any kind of color sample or swatch or anything that they would like to match and make that color.They can do any color they like. Councilmember Serdy stated there is no problem with color, just make it like the dirt. Mr. Mike Roberts stated they can do that.He asked what dirt color. Mayor Insalaco commented he does not have a problem with the height of the sign, it is the star.The problem he has is that this is Apache Junction, and every time a restaurant comes in, such as Long John Silver's, they wanted to give the city the shabbiest looking building out here.You go into Scottsdale or Gilbert or anyplace else, while they kept telling us that it is corporate, it is not throughout the other cities.He is not having a problem with the star, but REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 14 OF 44 with the corporate people telling us it has to be a certain way. If they travel throughout the valley, it is not that way.You go into Long John Silver's, McDonalds' or even gas stations here and then go into Scottsdale, the architecture is beautiful.He asked why they would have to be stuck with the corporate thing and get nothing but the standard old-fashioned sign. Mr. Mike Roberts stated typically when you see modifications, or severe modifications, made to buildings, landscaping, lighting, signage, or anything else, it is typically driven by the code and restrictions set forth in the city.They become very specific.It takes a long time to establish those.Hilton Head Island in South Carolina is a perfect example.Their signage code there is very restrictive for everybody.It really starts with the city drafting those and getting it passed.Then they can make those changes and dictate what they want to see in the modifications. Scottsdale is a great example, and that is because of what is written in the city code. Mayor Insalaco commented is what they are trying to deal with.He commented there are architectural features on top of the freeway signs in other communities.He would like to see some architectural design over the star.It does not have to be completely in a box, just something besides a big star sticking up in the air. Mr. Mike Roberts stated it is a subjective thing and they can work with the city on that.He believes the signs being shown are what the developer wanted to see.They will work with the city from a design standpoint any way they want.He does not know who makes the final decision. They are trying to balance what Carl's Jr. wants and what the city wants.It does not matter to him. Mayor Insalaco commented right now it looks like a star fell from the heavens and landed on top of the sign. Councilmember Severs commented there comes a time when they need to sit back and consider where they are today and where they want to be in the future.Somewhere along the road they will come to a point of REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 15 OF 44 when they can become picky and choosy.He asked how many more businesses must they discourage or lose and still survive as a city and pay the bills.He believes they are at a point in time where they need to help and encourage businesses that are already here.They need to help them make money, not go broke. Mayor Insalaco stated he is looking for middle ground.He understands that they want to work with the city.He also wants them to work with the city. That is all he is asking for.It is fine if they want to work with the design group. City Attorney Joel Stern stated he has noticed there is critical language missing from the motion.The code says the city council, at its public hearing, shall uphold, modify.or overrule the decision of a commission.If they are going to uphold the language of the motion should say that it be upheld.If they want to overrule it, they can say it is overruled with the following modifications.The language needs to be played with a little to get the conditional use permit language.They are essentially a panel of judges and this is an appeal, otherwise they would not see this. Councilmember Barker asked him to walk them through that again so they know where to add it. There was general discussion on what needed to be in the motion. Planning Manager Fred Baker stated they have a condition that may be wordy and awkward.The whole idea is to have some type of architecture on top of the sign.The applicant is willing to do that.They would work with the applicant to put some type of embellishment on top of the sign.If that was done, part of the concern would be it would be even more height.It would be the council's discretion to give them a little more height to get the architectural embellishment. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 16 OF 44 There was general discussion on how the wording should be in the motion and what a yes vote would mean. Mayor Insalaco closed the discussion and called for a motion. Councilmember Severs MOVED THAT THE APPEAL OF A PLANNING AND ZONING COMMISSION DECISION DENYING A CONDITIONAL USE PERMIT TO ALLOW ADDITIONAL HEIGHT FOR A FREEWAY PYLON SIGN BE OVERRULED; AND A REQUEST FROM CARL'S JR. FOR A 60' HIGH FREEWAY SIGN FOR 3 BUSINESSES CURRENTLY LOCATED AT 2933 S. TOMAHAWK BE APPROVED WITH THE FOLLOWING CONDITIONS: THAT THEY AGREE TO A COLOR THAT IS ACCEPTABLE TO STAFF AND, STIPULATION NUMBER ONE, THE YELLOW STAR NOT BE PUT IN A BOX, THAT ONE BE REMOVED; AND STIPULATION NUMBER TWO AND THREE REMAIN AS PRESENTED TO US. Mayor Insalaco asked if there were any additions to this, such as the architectural design. Councilmember Barker asked for clarification.Recommendation number one deals with architectural features.She asked if he was leaving that in. Councilmember Severs stated number one is that the yellow star be put in a box. There was general discussion on what pages everyone was looking at in the packet and what needed to be in the motion.It was determined that one and three be retained as two was the box, and that color be added. Planning Manager Fred Baker stated he has talked briefly to the applicant.There has been a misunderstanding as to what was meant by the box.He would add elements on top and below and support posts to the side.It would not be a box as the area between the support posts and the star would be open.That is what staff intended, which was to box the star in visually, not literally.In sketch form, his proposal meets the condition. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 17 OF 44 Councilmember Severs stated that would be acceptable. Councilmember Barker asked if he would amend his motion to accept number two with the design being between the applicant and the development services director. Councilmember Severs moved TO AMEND IT INCLUDING NUMBER TWO ACCORDING TO AND SIMILAR TO THE DRAWING THAT WAS JUST PRESENTED TO THE COUNCIL. Councilmember Barker SECONDED THE MOTION. City Manager George Hoffman commented if staff understands and the city attorney understands what they are trying to do, the language could be sketched out during a break just to ensure they do not have any from the floor drafting errors, if council so desires. Councilmember Severs commented he does not want the additional architecture to cut down the size.His motion was withdrawn. Mayor Insalaco called for a 5 minute break. Mayor Insalaco reconvened the meeting and stated they would go on to the next item and return to this item afterwards. ORDINANCE NO. 1314, CASE PZ-13-07, A REQUEST TO REZONE A 5 -ACRE PARCEL FROM GENERAL RURAL TO GENERAL COMMERCIAL DISTRICT BY A PLANNED DEVELOPMENT FOR A CONDOMINIUM STORAGE FACILITY )Assistant Planner Yanet Ochoa briefed the council on the item.This is for Big Boys Toys Storage, and it has a concurrent pre -plat for the subdivision.It is located at the northeast corner of Winchester and 29th Avenue.It will be for business, personal REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 18 OF 44 and recreational needs.Each condominium will be individually owned and a homeowners association will cover for insurance, security, lighting, management, landscaping, maintenance, water and trash.She described the site plan including setbacks, access and easements.The planned development is being requested because the zoning calls for a 25' setback adjacent to residential, and they would like to have a 10' fully landscaped setback.She described the storage facility.It is a non- residential storage.The planning and zoning commission unanimously voted for approval with 16 conditions. Mayor Insalaco requested the applicant address the council.The applicant declined unless there were questions.There were no questions for the applicant.Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin commented that fire sprinklers are not required in homes and businesses by code.He thinks it is a great idea that this business put them in for safety.It would be nice if residential construction would also think of putting them in homes that are close together, even though it is not required. Mayor Insalaco closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Severs commented he was told a few years back that they do not have water sprinklers in Apache Junction because the city does not have the water pressure for that.He asked if that had been addressed. City Clerk Kathleen Connelly stated she did not know if it was approved.It would be a fire code. Councilmember Severs asked if the city is using the pump system for pressurizing. City Clerk Kathleen Connelly stated she did not know. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 19 OF 44 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1314 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. VOTE:Unanimous. The motion carried. read the ordinance by title only. Councilmember Wilson SECONDED City Clerk Kathleen Connelly Councilmember Barker MOVED THAT ORDINANCE NO. 1314, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. CUP 2-07, AN APPEAL OF A PLANNING AND ZONING COMMISSION DECISION DENYING A CONDITIONAL USE PERMIT TO ALLOW ADDITIONAL HEIGHT FOR A FREEWAY PYLON SIGN •(continued) )There was general discussion on whether to reopen the public hearing on the item. It was decided to reopen it. Mayor Insalaco reopened the public hearing on the item. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated he had said earlier he thought the sign would be in the same direction as it is now.He has found out it will not be.They will be rotating 90 °so that the 500 sq.ft. section will be seen eastbound and westbound on the freeway. Councilmember Severs stated according to staff that was an error. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 20 OF 44 Mayor Insalaco closed the public hearing and reopened the item to council discussion. There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPEAL OF THE PLANNING AND ZONING COMISSION DENYING A CONDITIONAL USE PERMIT IN CUP -2-07 BE OVERRULED, AND THAT THE CONDITIONAL USE PERMIT REQUEST BE APPROVED FOR A 60' HIGH SIGN WITH THE JANUARY 2, 2008, CONDITIONS NUMBER ONE AND THREE REMAINING THE SAME, AND THAT IN CONDITION NUMBER TWO THE WORD "BOXED" BE REMOVED AND ARCHITECTURAL IMPROVEMENTS BE ADDED TO THE TOP AND THE BOTTOM OF THE SIGN.AND WE DO HAVE A SKETCH AS TO WHAT THAT COULD LOOK LIKE. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-52, CASE SD -3-07, A REQUEST FOR A PRELIMINARY PLAT TO SUBDIVIDE A 5 -ACRE PARCEL INTO 95 LOTS FOR A CONDOMINIUM SELF -STORAGE FACILITY )Assistant Planner Yanet Ochoa briefed the council on the item.She stated this is concurrent to the rezoning.They are requesting a 10' landscape strip instead of a 25' setback on the rear.The south portion of the property will have a 12' paved utility easement for access and an 8' landscape strip.They will have pop out and everything will be stuccoed.There is a wash on the east side of the property.The building will be the wall on the south end of the property. Mayor Insalaco announced that the applicant had already left.He 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. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 21 OF 44 Councilmember Barker MOVED THAT RESOLUTION NO. 07-53, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE PRELIMINARY PLAT FOR SUPERSTITION BIG BOYS TOYS STORAGE, A SELF STORAGE, CONDOMINIUM SUBDIVISION, IN CASE SD -3-07 BY SUPERSTITION BIG BOYS TOYS INC., REPRESENTED BY SID WHITE, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS FISCAL YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESEARCH )Grants Specialist Roger Hacker commented that at the December 18 meeting the council developed a short list of projects for the funds.Staff has met with the department of housing to get additional information and get their review of those projects. Program Coordinator Heather Patel stated they asked the department of housing their opinion as far as the fundability of each of the projects being researched.They looked at the projects and both programs' criteria, their action plan and their priority project list. This would help determine which projects are eligible and which funding source would be the better option to submit applications on.She listed and briefly described each project.Those projects eligible for the regional account program are the downtown redevelopment project, infill project in conjunction with Habitat for Humanity, the purchase of a large piece of property for Habitat for Humanity for another subdivision, and the street improvement project with the specific streets needing to be identified by February 5 and they must serve the community as a whole or be in low to moderate income areas.The facility improvement project for the Veterans of Foreign Wars is ineligible because it is not considered a public facility.The REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 22 OF 44 drainage improvement project is ineligible because it is specific to a particular property and it does not benefit the community as a whole.Another drainage improvement project within a certain neighborhood would not be funded due to it not being in a low to moderate income neighborhood according to the 2000 census.If a special survey shows the census has changed, the information may not be valid so it could be a potential project under the regional account.The final project is a housing rehabilitation project, for either emergency rehabilitation or a full housing rehabilitation program, with both being eligible for state special projects funds.It is a key priority project for the department of housing.Another funding source used for housing rehabilitation in the past has been stalled at the state level; this would be another option they could use to continue with the housing program.They will be back on February 5 to get direction on which projects to move forward with. City Manager George Hoffman stated he does not recall ever offering encouragement to the council on which path to pursue, but he would like to do so tonight.They are at a critical juncture in the downtown area. Development is beginning south of the freeway.That development may provide additional revenues to invest in the downtown.They are working on the focal point and median.Last week Development Services Director Brad Steinke, Economic Development Director Steve Filipowicz and he met with the three members of the Downtown LLC ownership group, the group that bought 80 to 100 acres of land downtown, including the two partners that are the financial partners in the group.It was a very positive meeting; they have gone through some difficult issues in the past and they are very positive about continuing to work with the city.He believes some targeted investment in the downtown continued with a dominant role by the private sector over a sustained period of time can help us develop the downtown.He wanted them to seriously reflect on the downtown for the regional account.He asked Brad to step up and give a brief sense of what is meant by doing planning for the downtown. Development Services Director Brad Steinke stated they are talking about creating a vision. If someone asks for that, he cannot really tell them what it is. They know what it was over a year ago when the private REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 23 OF 44 development interest developed it.Apparently the market is not ready for that.It has not taken off.They are now talking about adjusting the vision for a practical reality to move it forward more quickly.If he asked them, they would have 7 different visions and he needs to know how to get to where they want to be.The planning effort would bring in an experienced consultant who would sit down with them and try to create their vision and values for the downtown.He would then take the vision to the plan which would be an expression of what the city wants in that area.A master developer could jump in to develop it today, or it might be piecemeal.They may see incremental development with incremental developers.They need to get their house in order and develop a vision and transform it into a plan laying out where the different land uses might go, how they play in with transportation, utilities and the city economic development.It will take them to the next step so that when someone knocks on the door they can say where it fits in.They would not have to recreate the wheel every time someone walks through the door.Most importantly, it will give the city an implementation plan.It will excite the public and public sector, and the city could take a more aggressive role in purchasing land to do something with it.The plan should take them 10 to 20 years into the future. Mayor Insalaco closed the presentation with no action being taken and moved on to the next item. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF DOWNTOWN LANDSCAPE IMPROVEMENTS ) )Parks Superintendent Nick Blake briefed the council on the item.He stated staff needs direction on specifying those areas of the project where they would like to see the approved TIF funds utilized.They plan to continue to look for donated materials and anything they can to help keep the costs down. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 24 OF 44 Councilmember Serdy commented they have funded the first phase.The more they can stretch the money with donations, it will make the dollars go further.As they accumulate more money, they can continue on with it.Once they give direction to staff, Main Street can then begin what they were going to be doing in gathering corporate donors for help.The corporate donors will keep the cost down. Councilmember Severs commented he has a concern.Following the presentation by Sandie Smith about the county complex, he is concerned about using $350,000 in TIF funds for the focal point and $370,000 in TIF funds for the county complex.They would be out of money. They are talking about the downtown development right now.He asked what they could do to encourage people to come and develop the downtown.The TIF fund is supposed to be for that.He is worried that if they use the money for the focal point, it will use up money they may desperately need for something else and it takes away from the original idea.When Councilmember Serdy first presented this, he created this with the idea of community involvement with a sense of pride in ownership, a feeling of look what we did at no cost to the community.He thinks he has lost control of the project.It has become $350,000 of the city's money that could be used for something that would bring the city huge tax dollars.The focal point is very important and he loves the project.It is one of the best projects that has been presented to the city in years, but it will not make them any money.People will not come here and say they will build here because of how pretty that is.If they have $350,000 to offer them in tax increment financing and infrastructure reimbursements, they would realize they might not get that anywhere else.He has a reservation about using that money, even though it was approved last time.He had reservations about it then, but he realized last night there may be other people coming here that might need this money.If they give out that money, it will all be gone.He is afraid this project has become look what they spent $350,000 on instead of look what we have created.He does not want to see him go through that or be the one who spent the city's money.He wanted to discuss this in private but he did not get the chance.He suggested slowing down the project a little bit and see if they can move forward with donations, the volunteers and the fundraising a little faster.He knows they wanted to hurry up and get this built to REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 25 OF 44 show what they can have and get other people involved.However, he would like to see it go back to the original idea. Councilmember Serdy stated he could not really argue with that.He is disappointed in how some it came down.He hopes that once they start this Main Street can kick in and the rest will fund itself. Mayor Insalaco asked if they had thought of all the landscaping companies that they have around here.If they could start talking to them and work one against the other, look what could be done.They all know some of those people.He would hate to see this not continued. Councilmember Severs commented he was hoping they could slow it down a little and maybe get the donations going. Mayor Insalaco commented if they beautify the area, people are going to want to stay and be proud of what was done.They need the development, but here they are doing something for the residents and Apache Junction by beautifying their downtown. Councilmember Serdy stated when they see the projections on how it will reach into the Grand property, that is when he is hoping it would start.He is hoping they can still do that without spending all the money. It is our money and it is not our money.It is not the taxpayers money but it is money they can spend. Councilmember Severs stated they all know what the Downtown LLC group was trying to get them to do.They wanted the city to commit to repaying them for the infrastructure so they could sell the land faster and get people in here to develop it.He is afraid that if the money is gone, there would not be any motivation to start the project. City Manager George Hoffman stated when he talked to Supervisor Smith she talked about $250,000.The number last night he thinks was for getting the utilities to the site.He thinks she has been a wonderful partner and she is not trying to get every last penny out of the REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 26 OF 44 council.She is looking for partnership.He thinks they would have to go with the maximum number there as she is looking for a meaningful commitment.The general model that they had talked to the LLC about was that the private sector would make investments.That development would result in increased valuation and a portion of that money could be used to pay for public infrastructure.We did not, at that time, up front utilization to front end load the infrastructure costs.It was a back end reimbursement.They did not contemplate using that money to front end load, and it will not go very far. Councilmember Severs commented he had also brought up the possibility of the city purchasing some of the Grand Hotel land.They could use some of that money for it if it was being used for public use. City Manager George Hoffman stated they are exploring some alternatives to purchasing land and still seeking to pursue the acquisition of the land. Councilmember Severs commented if they had the money there it would make it a little easier. Assistant City Manager Bryant Powell stated a month ago they got the direction to go ahead with phase I.Phase II was talked about last night.When this was discussed at staff level they were curious about phase II funding.They are looking for interest in continuing phase I or wait for clarification. There was general discussion on finishing phase I and whether it meant just the focal point or the first part of the median. Councilmember Serdy commented once the first section of the median is done corporate donations will jump in and start doing it. Parks Superintendent Nick Blake stated completing that phase could utilize the $350,000, but they will try to do it for less. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 27 OF 44 Councilmember Barker suggested they continue with phase I and see what kind of interest they get from those people that they would like to see volunteering and helping out. Councilmember Severs commented they cannot do that by spending the money first. Councilmember Barker commented if they have the $43,000 for phase I they should go ahead and put that in and then wait on the median. Councilmember Severs stated that is what he is saying.They should not put it in but find the people to do the work first. Councilmember Barker commented she is agreeing with him. Assistant City Manager stated that would be backing out. Councilmember Severs stated that is correct.Last night they came up with all the prices for the cacti.As he stated then, is there not anyone out there who has cacti that they need to get rid of.He asked if they have looked for them before they said they would spend the money, and how hard did they look for them. Parks Superintendent Nick Blake stated there are about 800 cacti in specific sizes they are looking for. Mayor Insalaco commented not everyone gives away golden barrels.It is not prickly pear. Parks Superintendent Nick Blake stated they did get the best price available. City Manager George Hoffman stated they have two basic approaches they can use to proceed. The original concept they affirmed tonight with the volunteer base and that this process will take many years.They would REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 28 OF 44 have a finished product in 10 years or so.The other approach is to front end load it, do a first rate job, and go to the local community and Corporate America and say we have done this thing and created something wonderful, but We have a long way to go to go all the way to Meridian, and possibly east along Old West Highway.They will need thousands and thousands of donated cacti and tons and tons of gravel and many volunteer hours. There is a huge potential for those events to occur.He is not arguing in favor of either path. Mayor Insalaco commented if they can get that started then they can go to the corporate people.They can say look at what we started and ask for help in finishing it.Harley-Davidson stated they would take care of their section. Assistant City Manager Bryant Powell reminded them they have the IEG sponsorship program going through and they will be bringing a person on board to help. City Manager George Hoffman stated if they are going to do a first rate job on this, it will not be a cheap project.Having corporate partnership along with local businesses, residents and homeowners associations will take our combined efforts in a base case scenario to do a first rate job all the way down that median. Councilmember Barker asked if they could commit to finishing phase I tonight and come back in 2 months. Parks Superintendent Nick Blake asked if they were talking about all of phase I or just the focal point. Councilmember Barker stated it is just the focal point. Parks Superintendent Nick Blake asked if they are talking about the plants and the stepped portion.They will need to acquire a final construction document on the latter and that will take 4-6 weeks.The work REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 29 OF 44 would then be bid out, which would add another 6 weeks.He estimated the total time at 4 to 5 months. Councilmember Barker asked if they could revisit the median at that point rather than committing to both right now. Parks Superintendent Nick Blake stated they could do that or at least go ahead with the construction design of that portion of the median so that it would be on the shelf and ready to go. Councilmember Barker stated it seems that one of the things they •are looking for is some kind of public participation, be it small or huge.It seems that once they start phase I of the focal point, they would create the beginning of the area.That will bring some attention and notice; it would give some of the partners such as Main Street and the Chamber of Commerce something to work from and look at.She would be more comfortable revisiting it as she has some concern that this could amount to $500,000 worth of TIF funds when they are talking about only 2 projects. Councilmember Severs asked if the city was hiring a landscape architect. Parks Superintendent Nick Blake stated it is. Councilmember Severs asked if there are landscape architects in the community that would be proud to say they designed it in the community. Councilmember Barker commented the city could give him a plaque. Councilmember Severs commented that seems to be like step one.Councilmember Serdy created it and an architect would love to say he designed it. When he goes to bars he has designed and built, he takes people to them to say he built it and that he is proud of it.For a landscape architect in Apache Junction to donate his time to create and design our focal point, he thinks they could find REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 30 OF 44 someone by tomorrow night that would be willing to do that.It would be a community pride and ownership situation. Parks Superintendent Nick Blake stated he is not aware of any in the city at this time. Mayor Insalaco commented there are people who like to give competition to someone else. He gave an example of the Besh Begowah indian ruins in Globe. They need to get them to work together yet work against each other so that they can all try to outdo each other with their labor and materials.They have four months to work out something like this following the completion of the focal point. He would be willing to go to some of these people.They cannot get hurt or lose doing so. Councilmember Serdy stated that is part of the original concept.When we put the panel together and talked with staff, they felt that if we did it, it would be piecemeal and look unprofessional.However, there would be the pride in developing it over time as another piece gets added.He would have no problem with that. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING DOWNTOWN LANDSCAPE IMPROVEMENTS:THAT PHASE I OF THE FOCAL POINT BE COMPLETED AND THAT WE REVISIT THE TOPIC OF THE MEDIAN IN 4 MONTHS TO 5 MONTHS. Councilmember Wilson SECONDED THE MOTION. VOTE:4-1 (Councilmember Severs voted in opposition.) The motion carried. FORMING A REGIONAL COUNCIL TO ENHANCE COMMUNICATION IN THE EAST VALLEY/NORTH PINAL COUNTY REGION ) REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 31 OF 44 )City Manager George Hoffman briefed the council on the item.He stated he and Councilmember Serdy met with Pinal County Supervisor Sandie Smith to brainstorm the concept.Council had talked about a regional council with representatives from other communities to work on regional issues.There are many issues right in the area, in the lands north and east of the city and in Gold Canyon.One thought would for a smaller group to focus on the locally shared concerns such as the PM -10, the air quality issues, transportation corridors, trails, parks, Silly Mountain, air traffic going into Williams Gateway, and economic development.Gold Canyon has some good demographic characteristics and we have a meaningful population base. Working together would give us an attractive market area.There has been interest on seeing how we can capitalize on existing events such as Lost Dutchman Days, the marathon, the Renaissance Festival, the golf tournament, and the Day of the Cowboy out at Goldfield Ghost Town.The purpose of such a group might be to provide a forum for open communication and productive dialogue on issues of interest to our communities at the base of the Superstition Mountains.The group would be named something that is not Apache Junction or Gold Canyon, such as the Superstition Mountain Partnership or something with the mountain in it as it is a shared bond.They need to think of how the group would be comprised.They need to decide how many members they want and how many they want from other organizations, such as ADOBE, SALT, Gold Canyon United, Mountainbrook Village, and Gold Canyon Business Association, and have them determine who their delegates will be.They will then have ownership in who they pick.The areas east and north may not have a formalized group, so they could have interested people submit their names and they would be considered by the council as to who they would like to see on it.There are also the internal groups such as the school board, the chamber of commerce and neighborhood associations; applications could be submitted and the council would select the ones from our community.They need to think about what staff support they would give to the group.He believes they should have a retreat with this group to clarify their purpose, create a work plan and work through the logistics for meeting dates, times and locations, rules of procedure and conduct, selecting a chairperson and other mechanical logistical things.The core is the focus be closer to home.The direction he is looking for is if some of the things they brainstormed REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 32 OF 44 sound okay, he needs to be told that and they will fine tune them and bring them back for formal direction and outreach to some of our neighbors. Councilmember Serdy commented he has been contacted by a lot of representatives from these groups that would like to speak to us at an upcoming work session on some ideas of what they think this group could bring. They also have to consider the corridor to the lakes.No one else has a mountain like ours, and people have to go through here to get to the Renaissance Festival.It should all be ours; they need to highlight it and claim it.They can be their own little Greater Phoenix Economic Council. Councilmember Severs suggested they invite 2 members from each group or area.There would be representation at each meeting in case one cannot make it.They could have 2 from Gold Canyon and they could be in the business group or residential group.They could cover more aspects of each area.They should have a goal setting session and clearly define the goal of the group, such as working closer together to build a better community or to promote the area for more tourists from out of state.He would like to see them come up with 10 things that they can work towards. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Serdy stated he was not good at making motions. Councilmember Barker suggested he ask the city manager to put his ideas and thoughts in writing so that they can go through them almost as a menu and say what they would like and what will not work. Councilmember Serdy stated he would hate to lose time.He has been disappointed in how long everything takes. City Manager George Hoffman stated he could give him a draft of his thinking notes from REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 33 OF 44 tonight only, so that he would have something in writing as he rattled through it. Councilmember Serdy MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING FORMING A REGIONAL COUNCIL TO ENHANCE COMMUNICATION IN THE EAST VALLEY/NORTH PINAL COUNTY REGION:ASK TO INVITE MEMBERS FROM THE AREA GROUPS TO FORM THE PARTNERSHIP AND EXPLORE WAYS TO ENHANCE THE ASSETS THAT THIS AREA HAS; AND TO HAVE THE COUNCIL ACT UPON THEM AND SEE WHAT WE CAN DEVELOP. City Attorney Joel Stern requested a point of clarification.He asked if this would be a subcommittee or advisory committee, as it is starting to look like that.He cautioned them that if they do that, it will be subject to the open meeting law, someone would have to record it, agendize, notice, and all that comes into play. City Clerk Kathleen Connelly stated someone would have to take minutes and post notices of legal action.She added the city attorney is correct.If they make the appointments, that is exactly what it will be. City Attorney Joel Stern stated that is what will happen if the council makes the appointments. Councilmember Barker commented that the selection that is listed in the city manager's notes is to ask them to select from their own a delegate.This would take those selections away from the council.She asked if that would matter. City Clerk Kathleen Connelly stated she did hear the words of the council making the appointments. Councilmember Barker commented they should not be doing it even in the city.She thinks that each organization should be invited to participate and ask each one to send one representative and allow them to choose their own. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 34 OF 44 City Manager George Hoffman stated the task would be to identify which organizations should participate in city and out of city. City Attorney Joel Stern suggested they bring this back for discussion at another meeting so they can really get into what the intent is here.He is confused.It sounds like an advisory committee.If they want to go that process they can, but he is not sure that is their intent. Councilmember Severs stated they are making this way too difficult.The intent is to invite a bunch of people together to form a group. Councilmember Serdy stated that is what they did with the focal point/three median phases. They did not take notes.They had different landscapers, Nick Blake, himself and we did not have to do this.We invited these people and they came and went as they pleased. City Attorney Joel Stern stated he believes they directed the city manager to set up that meeting.He thinks they can do the same thing here if they desire and if the city manager wants to accommodate the request. Otherwise they are getting into picking people for an advisory committee. Mayor Insalaco commented there are some people in Gold Canyon who would like to see it become political.That is his worry. City Attorney Joel Stern stated there are 2 members of the council not here tonight and they might also want their input.He asked if they wanted to withdraw the motion. City Manager George Hoffman suggested they invite some speakers from Gold Canyon to talk about their vision for such a group. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 35 OF 44 Councilmember Serdy stated they could do that just through him and he would not need to make a motion on that. City Attorney Joel Stern stated he needs direction.He can direct the city manager to invite certain people. Councilmember Serdy WITHDREW HIS ORIGINAL MOTION AND MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO INVITE REPRESENTATIVES FROM THE SALT RIVER LAKE CORRIDOR AND THE GOLD CANYON AREA TO SPEAK AT THE NEXT POSSIBLE WORK SESSION. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. USE OF CARGO CONTAINERS CITYWIDE )Development Services Director Brad Steinke briefed the council on the item.He stated last night they talked about options they could put into a draft ordinance that would be before them in February regarding cargo containers.They were focusing on appearance and aesthetics.There should be something in this draft ordinance with respect to design standards so they are clear on where they should be and what they should look like.They gave them a list that started out with simple items and got more complicated.He reminded the council that the list included location, color, landscape screening, structural screening and architectural treatment of the actual container.He wanted direction on what should be in the draft ordinance. Councilmember Barker stated they should be located in the side or rear as long as they are not visible from the front. Development Services Director Brad Steinke stated that may not be possible with some REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 36 OF 44 properties.The intent is to put it when possible on the side or to the rear of the principal structure. Councilmember Barker stated they should be earth tones. Development Services Director Brad Steinke asked if they were in agreement on earth tones for the painted. The consensus was earth tones. Councilmember Barker stated they should be landscaped where possible. Development Services Director Brad Steinke asked if they wanted a standard on what size container and they would then base the landscaping on that standard, such as 4 types of these on the plant list that should be planted at an initial height of this and that will have an ultimate growth height of this. Councilmember Severs stated they can do that if they can keep it simple. Development Services Director Brad Steinke stated they should be desert plants that will not need a drip system, other than initially to get them started. They should be plants that do not need a lot of water but that do a good job of screening. The consensus was that was acceptable. Councilmember Severs stated he wants to keep this as simple as possible.They originally came up with as long as they enhanced them to make them aesthetically pleasing.Then it went on to stucco, facades and parapet walls and it got out of hand. Mayor Insalaco commented Councilmember Severs is the one who brought all those up. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 37 OF 44 Councilmember Severs stated he brought them up as different options to please everyone in the community so that they do not have to look at them.They were extreme options.He would like to keep it as simple as possible. Development Services Director Brad Steinke stated that would be a fairly simple approach to try to hide, disguise and blend them into the environment.He believes they are not terribly interested in structural screening or architectural treatment options.He reminded them that this is for residential lots. Councilmember Severs commented they are difficult and very costly. Development Services Director Brad Steinke stated they are difficult and very costly and if they are not maintained they could be a problem.He asked if they would be looking at a different set of values for commercial properties. Councilmember Barker stated they should be in the rear. Councilmember Severs stated in the rear as much as possible. Development Services Director Brad Steinke stated landscaping is difficult for a store because they do not have a lot of green space. Councilmember Barker commented they should have structural screening. Development Services Director Brad Steinke stated they had shown one where it was a little pony wall with some type of screening above it.It is expensive but creates opacity and it does screen.He asked if they had interest in that on the commercial properties. Councilmember Barker stated they should be able to have a choice as to the height of the REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 38 OF 44 walls or structural screening.That particular type of screening would not go well with architecture of some businesses.There would have to be a choice as to the type of structure to be erected.They might want to look at color more than height. Development Services Director Brad Steinke commented they would like to see some continuity with the structure. Councilmember Barker stated that is correct. Councilmember Severs stated he would like to make our standards flexible in as far as what constitutes engineered walls.They have already determined these have to be 8' tall in order to not see any of the structure at all.If they go with an 8' block wall that has to be engineered, they are talking a lot of money.If they go with a 4' wall with 4' of wrought iron fencing or chain link, it is 8' but it would not necessarily need engineering. Development Services Director Brad Steinke stated the goal would be if they are going to approve a structural screening, it should be done in a manner that makes it simple for the applicant and for staff as inspectors and permit people. Councilmember Serdy asked about the man that has the realistic mural that blended his in. He is hiding his in plain sight.It can be looked at and not seen.He asked if there would be some kind of exception for that. Councilmember Severs commented he liked that.He would request that he paint the other side of it so that it blends in a little more. Development Services Director Brad Steinke stated that does complicate things.His version of a mural on a container is going to be different than someone else's.When we said earth tones, we said a solid color all around.Councilmember Wilson took him out to the site and it is REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 39 OF 44 almost hidden, but added what are the chances that every person who decides to paint theirs and be creative is going to have that same outcome.He asked how they would judge that. Councilmember Severs asked what about the people who want to. Development Services Director Brad Steinke asked if they were going to allow that and what would be the test.The test of having it an earth tone is an easy test.The test of art is way subjective and then they have some problems. Councilmember Severs commented he does not think that was created to be a piece of art.He thinks they were trying to hide it and blend it into the landscape.They did it very well.If someone wants to go above and beyond trying to make it look like it is not there, he thinks they should allow that.He drove by that and did not even see it. Development Services Director Brad Steinke stated it is very artistic. Councilmember Barker commented the question is what is the test.What is the test that says that meets the standard.That is what he is asking. Councilmember Severs stated they have the minimum, which is that it be painted in earth tones. Mayor Insalaco commented the problem is that it is almost on the property line. Development Services Director Brad Steinke stated that is a different matter.They will talk about if they should be in all zoning districts or just on 1.25 acres or greater.That one was staring in the back of a neighbor, but it is a different matter.A landscape picture by Salvatore Dali is different than Monet.They will try to put something like that into the ordinance, but they need to take a look at it. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 40 OF 44 Councilmember Serdy commented the military hides tanks and things like that by painting them. City Attorney Joel Stern stated there is another issue.From November 6 to February 4 will be 90 days.The council had said to not enforce against the current cargo containers. Councilmembers Barker and Severs stated it was against the existing cargo containers. City Attorney Joel Stern commented he does not know if they want to continue that. February 4 is a Monday.He does not know when this will come back to council. Mayor Insalaco commented that is the next meeting. City Attorney Joel Stern stated that is the work session.He asked if staff is expected to start enforcing on Tuesday morning. Mayor Insalaco stated they are not. Councilmember Severs suggested that if this is supposed to come back to the council on February 4 and 5, they give these people until the second set of meetings in February.It would give them time to see what has been presented to the council, two weeks to investigate it and then vote on it at the second set of meetings in February. City Attorney Joel Stern stated February 18 is Presidents' Day and the February 19 is the council meeting. Councilmember Severs commented they could hopefully have this issue wrapped up on February 19. City Attorney Joel Stern stated they want to extend out the extension until February 19. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 41 OF 44 Mayor Insalaco commented that should be put in the motion. City Attorney Joel Stern stated it should be put in the motion and it should be date certain instead of 90 days, such as February 19 at midnight. Councilmember Barker commented this goes only for those which were discussed before the first extension that goes back to August. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE USE OF CARGO CONTAINERS CITYWIDE:THAT THE SUGGESTIONS FROM BRAD AND THE COUNCIL TONIGHT, KEEPING IT SIMPLE, GOING WITH EARTH TONES, LANDSCAPE SCREENING WHERE POSSIBLE, AND FLEXIBILITY ON STRUCTURAL SCREENING BE USED, AND THAT IT BE BROUGHT BACK TO US AT THE NEXT MEETING; AND WE GIVE AN EXTENSION TO THE ORIGINAL PEOPLE THAT WE HAVE GIVEN EXCEPTION TO UNTIL FEBRUARY 19. City Attorney Joel Stern asked if he meant by original people the first extension that dates back to August. Councilmember Severs stated that is correct. City Clerk Kathleen Connelly stated that is August 7. City Attorney Joel Stern stated he wanted to make sure that is on the record. Councilmember Severs stated that is correct. stated that is August 7. that is correct. Councilmember Wilson AMENDED THE MOTION TO ADD TO LET THE LOCATIONS BE IN THE SIDE AND REAR IF POSSIBLE. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 42 OF 44 Councilmember Severs accepted his amendment. Councilmember Wilson SECONDED THE MOTION. VOTE:4-1 (Mayor Insalaco voted in opposition.) During the vote Councilmember Severs asked when the ordinance would be brought back to the council.It was determined it would be discussed at the February 4 work session.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Severs MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, FEBRUARY 4, 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, FEBRUARY 5, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED )Mayor Insalaco adjourned the meeting at 10:22 p.m. Consent Agenda Items are as follows: 1. Acceptanceof Agenda. 2. Acceptance of Minutes of Regular Meeting of December 18, 2007. 3. Ratification of Department Director Appointment. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 43 OF 44 4. Approval of Award of Bid for PW 2004-05, Delaware Drive Street Improvements. ACCEPTED THIS 5TH DAY OF FEBRUARY, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF FEBRUARY, 2008. ATTEST: KATHLEEN CONNELLY City Clerk HN S. INSALACO ayor 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 15th day of January, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25tA day of January, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2008 PAGE 44 OF 44