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HomeMy WebLinkAbout2008-04-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 1, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 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 7:14 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz 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: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly City Engineer Giao Pham Public Works Director David Fern Planning Manager Fred Baker Community Relations Manager Pat Brenner Assistant Planner Yanet Ochoa Grants Specialist Roger Hacker City Magistrate David Alexander REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 1 OF 25 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT BARRY A. MCNAUGHTON AND STEPHEN J. VENTRE BE APPOINTED AS MAGISTRATES PRO TEM WITH TERMS TO EXPIRE ON SEPTEMBER 30, 2009; AND THAT THE APPOINTMENT OF DONNA MEINERTS AS FINANCE DIRECTOR BE RATIFIED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly read a proclamation designating April 13-19 as National Animal Control Appreciation Week and presented it to Interim Public Safety Director Tom Kelly. City Clerk Kathleen Connelly read a proclamation designating April as Fair Housing Month and presented it to Grants Specialist Roger Hacker. Mayor Insalaco presented certificates of achievement to the 23 graduates of the 10th Citizen Leadership Institute. CALL TO THE PUBLIC Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council to request an officer be investigated for violation of laws regarding revealing juvenile records. Mr. Emory Caudill, 39216 W. Kelley Circle, Queen Creek, addressed the council in support of artists' rights. Ms. Christa Rizzi, 1755 S. Sombrero Road, Apache Junction, addressed the council regarding promoting a project to eliminate graffiti. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 2 OF 25 Ms. Glenda Serdy, 1425 S. Coconino, Apache Junction, addressed the council to request a reply to her police complaint. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council regarding a third party assessment of the police department being essential. Mr. Carey Blazek, 1566 S. Saguaro Drive, Apache Junction, addressed the council regarding traffic at St. George's church, his being tired of hearing degrading statements about the police department, Councilmember Barker showing courage at the last meeting, his contact with public works, and that Councilmember Severs can stay if he is paying taxes. Pinal County Sheriff Chris Vasquez, 1578 E. 10th Street, Casa Grande, spoke in support of Jerome Monahan for the Apache Junction police chief position and urged the community to support their police department. Councilmember Barker requested someone get with Glenda Serdy and Jimmy Eidson and give them the information that is available to them; thanked Christa Rizzi for bringing the graffiti program to their attention; and congratulated the institute graduates. Vice Mayor Eck directed the city attorney to contact Glenda Serdy and Jimmy Eidson about what is going on and advise them of their rights; commented the artist issue is coming up for discussion, that Mr. Caudill is from Queen Creek and he would think he would be speaking at Queen Creek, not here, that only 7 of approximately 80 cities and towns in Arizona use option X; that jewelers are also upset at being taxed as they feel they are artists; requested the graffiti issue be put on the agenda, that Ironwood is the most affected road, and Christa is trying to get the taggers into something constructive, although the Ironwood taggers appear to be coming from East Mesa and the graffiti looks horrible; they had talked about getting a unit to paint over the graffiti and if they have not gotten it yet they should get a cheaper unit and paint over the graffiti with an earth tone color; asked someone to contact Mr. Blazek about the traffic at the church; and thanked Sheriff Vasquez for showing concern to the community. Councilmember Serdy commented there are 4 -way stop signs going in at 16th Avenue and Winchester. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 3 OF 25 There was general discussion on what the exit strategy is for the church. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Dietz announced he went to a Greater Phoenix Economic Council board meeting on Thursday and commented on the companies they have assisted in their relocation or expansion in the valley, the jobs they will bring, their square footage and their average salary. Councilmember Wilson commented they did the Black Stallion Literacy Project "Second Touch" at the rodeo grounds last Thursday.He thanked parks and recreation for making sure everything ran smoothly.They had 4 schools out there. Vice Mayor Eck commented he went to the Ladies Professional Golf Association tournament in Gold Canyon last weekend but he was disappointed that there was no literature that had the City of Apache Junction acknowledged on it, even though they used city facilities.The city was not mentioned by the television announcers, either. Councilmember Dietz commented there was a city sign in the parking lot somewhere. Vice Mayor Eck commented the city may have put a sign in the parking lot stating they were in the City of Apache Junction, but they did not acknowledge it.This may be the last year for it. Councilmember Serdy stated the first phase of the focal point project has been completed.The next phase has been scheduled to start but with the budget crisis they have decided to postpone it until the cement is donated.That is the biggest cost of the next phase.Main Street and the Chamber of Commerce now have donation forms available. Mayor Insalaco announced that he, Councilmember Barker, staff and planning and zoning board members took a tour of master planned communities in Scottsdale, along with the people from Rhodes Homes to learn how to plan a community.He feels this trip was more informative. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 4 OF 25 CITY MANAGER'S REPORT City Manager George Hoffman thanked them for the ratification of Donna Meinerts, thanked Keith Lewis for pushing back his retirement, and commented on city participation in the National Day of the Cowboy event, progress on the library remodeling project, the Valley Forward Making the Grade Environmental Report Card and how the city was graded, and the Spring 2008 Edition of the Arizona Parks and Recreation Magazine having an article authored by Facility Manager Jamie Sullivan. Mayor Insalaco called for a 10 minute break. Mayor Insalaco reconvened the meeting. PUBLIC HEARINGS CASE PZ-1-08, AN APPEAL OF THE LANDSCAPING AND SCREENING REQUIREMENTS FOR THE UNDERGROUNDING OF UTILITIES FOR THE PARCEL LOCATED AT THE NORTHWEST CORNER OF BROADWAY AND TOMAHAWK ) )Assistant Planner Yanet Ochoa briefed the council on the item. Mayor Insalaco asked who is going to have to remove the poles. Assistant Planner Yanet Ochoa stated the applicant will have to relocate the poles. Vice Mayor Eck asked her to repeat that about certain poles having to be relocated whether they are undergrounded or not. Assistant Planner Yanet Ochoa stated there are two poles that would have to be relocated. Councilmember Severs asked who is repaving the road. Assistant Planner Yanet Ochoa stated the applicant has to repave the road. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 5 OF 25 Vice Mayor Eck asked if the two poles have to be relocated because they are in the right-of- way. Assistant Planner Yanet Ochoa stated they are where the pavement is supposed to be. Vice Mayor Eck commented they will have to move them back. Assistant Planner Yanet Ochoa stated that is correct.They cannot be in the right-of-way. Mayor Insalaco requested the applicant address the council. Mr. James Jensen addressed the council.He stated the northeast corner has a very finished look to it with curbing, gutter and sidewalk.He would prefer to put that in versus doing a rural look.The power poles there are approximately 29' from the center of Broadway.The city wants them to move the power poles.He would like to match the finished look of the other side and have the power poles stay. The entire corner would have a very finished and appealing look. He is the contractor and Benjamin Searle is the owner.The cost of it is quite extensive to put it underground. Vice Mayor Eck commented regardless of whether they are overhead or underground, the corner will still have a finished look.He commented it will still have a sidewalk, curb and gutter. Mr. James Jensen stated that is not correct.The city wants a very rural look. It would go from asphalt to the landscaping and rocks.There is no curb and gutter.He is proposing to put in the curb and gutter and leave the power poles where they are at and give it a nice, finished look. City Manager George Hoffman stated he does not know the details on staff's work on this project.He believes this is an appeal of undergrounding the lines.If the contractor would like to have some dialogue with staff about the level of development of infrastructure on the REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 6 OF 25 site we would be happy to engage in that discussion, but it is not on the agenda. Vice Mayor Eck commented it becomes part of the agenda if they are negotiating. City Manager George Hoffman stated they are only considering the appeal of the undergrounding requirement. Vice Mayor Eck commented they have negotiated something on every other one they have done. They negotiated a clubhouse on one to not underground power lines.The whole discussion was about building a clubhouse.It has gone hand and hand. City Attorney Joel Stern stated this is an appeal.They can, as a recommendation, condition their approval or denial of the appeal.That may include some things.However, he is not sure if this is the first time staff has heard of this proposal.He is not sure if they know.This is the first he has heard of it. Assistant Planner Yanet Ochoa stated they did speak with the applicant regarding this.He has yet to speak to the city engineer.She mentioned that to him but he wanted to propose it to the city council as well. Mayor Insalaco commented this will come back to them later on and it can be discussed then. Vice Mayor Eck commented they have a negotiating tool here that they are not considering. City Attorney Joel Stern stated there is a negotiating tool, however, if a proposal comes forward he thinks the city engineer and public works director should also be involved.He recommended they continue the matter so that staff can talk to the applicant and then bring it back.It could then be brought back with a condition, depending on what was talked about with staff. Councilmember Severs asked if he is proposing to make his corner look just like the northeast corner. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 7 OF 25 Mr. James Jensen stated that is correct. Councilmember Severs asked if that would not include moving the poles. Mr. James Jensen stated it would not include new poles. Councilmember Severs asked if he would be required to move the poles or underground them if they require him to move the poles. Assistant Planner Yanet Ochoa stated that is within the county, not the city.The whole section is county multi -family. Vice Mayor Eck asked if that is a county island. Assistant Planner Yanet Ochoa stated it is. Vice Mayor Eck commented he thought that was a Department of Economic Security building. Councilmember Severs commented his section is in the city. Assistant Planner Yanet Ochoa stated that is correct. Councilmember Severs commented the one they are looking at is county. Assistant Planner Yanet Ochoa stated that is correct. City Clerk Kathleen Connelly stated that is incorrect.It is a county project in the city. Vice Mayor Eck commented it is a county facility in the city limits. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 8 OF 25 Councilmember Severs commented what he is requesting is that his side look just like the other side. Assistant Planner Yanet Ochoa stated that is correct. Councilmember Severs stated his original question is that the city is requiring that he move the poles.He asked if they are requiring that he move the poles or that they be undergrounded where they are. Planning Manager Fred Baker stated the code requires them to underground the 12KV utility lines.He is appealing that decision.If he wins the appeal, the poles are too close to the edge of the pavement where they are currently located for safety reasons and at least 3 of them would have to be moved back 9' from their current location.His proposal is to do curb and gutter which is not the rural standard that the city has adopted for this area.The curb and gutter does provide a safety factor that would have to be looked at to determine if it were adequate to allow a change in standard.They would want the public works department to look at wherever these poles would line up with the proposed curb and gutter. Councilmember Severs commented if they approve the appeal so that he does not have to underground them, right now he would still have to move them. Planning Manager Fred Baker stated that is correct. Councilmember Severs commented he is sure that is considerably cheaper than undergrounding. Planning Manager Fred Baker stated staff has not looked into the costs, but the applicant may have. Mr. James Jensen stated it is substantially cheaper. Councilmember Barker proposed that they continue this for at least a couple of weeks and let REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 9 OF 25 this new proposal be heard and fleshed out with the options given.At this point, they are in the dark.If they just make a decision pertaining to the undergrounding, it might take a tool away. There was general discussion as to when the item could be brought back due to staff research and the 2 day deadline for the next meeting's agenda.It was determined it would have to be continued for 30 days. Councilmember Severs commented it appears that what he is asking for would not take a lot of investigation.Two weeks to 30 days is a big hold up for a project.If staff can present that he wants it to look like the northeast corner and not what we are doing, he could do it in 2 weeks. Mayor Insalaco stated the problem is it has to be done by Thursday of this week. City Clerk Kathleen Connelly stated the deadline is Thursday. Vice Mayor Eck commented they would only have tomorrow and a half day on Thursday. Mayor Insalaco stated that is not enough time to do the process right. City Manager George Hoffman stated part of the question is the development standard for the "Y" that has been set by the council.Staff would need to know if the council wants that standard applied when they set forth that standard or do they want it applied except when the contractor does not to do it because he wants to do what is across the street.Those issues need to be sorted through. City Attorney Joel Stern stated there may be other options that the applicant is willing to do.He seems pretty flexible and he thinks those options should be brought up and discussed with staff and the applicant. Mayor Insalaco commented they would need more than 2 days to do that. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 10 OF 25 City Attorney Joel Stern stated they have 2 days to get it on the agenda.That is the problem.With the electronic system we have, that is the deadline that the city manager's office has and makes staff follow.It takes awhile to assemble everything and it is a good rule to follow. Councilmember Serdy asked when the applicant would like to break ground. Mr. James Jensen stated tomorrow. Councilmember Severs asked if he wanted them to take the 30 day delay or go back to the original plan after what he just heard. Mr. James Jensen stated he would like to ask the owner, Benjamin Searle. Mr. Ben Searle stated he is one of the two partners.He commented time is definitely of the essence.They have been tied up in planning and zoning for a long time.The costs associated with undergrounding versus moving the poles back are very different.The undergrounding is what hinges on this project moving forward or not.He requested they resolve that tonight so he does not have to worry about that.If it is possible to do the curbing and gutter in 2 days, he would hope they would do so.It has been a hindrance being held up in planning and zoning for so long; they need to know tonight whether or not they need to ground it and be breaking ground pretty soon.Thirty days would be pretty extensive. City Attorney Joel Stern stated their option is to vote on this as they have the information now.If they vote no, they would have to underground the lines.He wanted the applicant to realize that it could happen.Otherwise, they wait 30 days and perhaps there are other options.They have to weigh the money issue.He knows to underground that is very, very expensive.He asked if it is worth it to wait 30 days and possibly get a positive response from the council, or if the council, based on what they hear tonight, votes no on it, this issue is done.They cannot appeal this decision. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 11 OF 25 Mr. Ben Searle stated it is not just this 30 days, it has been a year of 30 days.He wanted to talk to his contractor. Councilmember Serdy stated he has not seen this council vote to underground anything. Vice Mayor Eck commented they did with QuikTrip. Councilmember Serdy stated there was assistance there.They want projects to happen, especially with the economy in a downturn.They do not want to be losing and turning away projects. Vice Mayor Eck commented they do not want to lose negotiating powers either. Mr. James Jensen stated they want to keep the corner looking very nice because of the project and the amount of elderly that need this type of service.They would like to just move the power poles, keep them above ground and keep the project moving quicker than in the past.He would say to go that direction as they would like to get it going as quickly as possible.They can disregard what he said about the northeast corner.He might have spoken out of turn with the owner here.He will leave it in their hands.They would be happy with leaving the poles above ground and moving them 9' over. Vice Mayor Eck commented he was confused as Bryant had mentioned something about their open space on the "Y". Assistant City Manager Bryant Powell stated he just wanted to reiterate that this is the first project in the "Y", which is the rural standard.It is an effort on the mayor and council in the northeast area of the city to have a rural standard, which is no sidewalk, no streetlight and a ribbon curb in this area.This is the first one they have seen this way.Staff is just applying that here and he has a situation where just across the street there is the more urban standard.He would encourage a comment from the city engineer on his thoughts on how long it would take to review the standard. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 12 OF 25 Councilmember Severs asked if he was saying that they do not want sidewalks here. Assistant City Manager Bryant Powell stated that is what the code is. City Clerk Kathleen Connelly stated it was a decision of the city council. Vice Mayor Eck asked if that is for corners. Councilmember Severs stated he was shocked, he never thought anyone would not want sidewalks. City Clerk Kathleen Connelly stated this is for the "Y" area. City Engineer Giao Pham stated they passed the design standards last year.They broke the city into geographic areas and certain areas of the city would require urbanized types of improvements.Other areas would be rural where there would be no sidewalk, curb and gutter but would address the drainage needs. Vice Mayor Eck asked what this would look like under the design standards. City Engineer Giao Pham stated this is the "Y" section so it would be a rural environment. Vice Mayor Eck asked what this would look like under the design standards. City Engineer Giao Pham stated he is not sure as he did not take a look at this particular site.He would have to talk to development services staff to see what the negotiation process entailed and what the site plans look like.He would then make a comment on it. Assistant City Manager Bryant Powell stated this is actually a site that is closer to the "Y", not further out. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 13 OF 25 Vice Mayor Eck commented he thought they still wanted sidewalk, curb and gutter at intersections in the rural guidelines. City Clerk Kathleen Connelly stated they do not. Planning Manager Fred Baker stated the northeast corner is a county facility built under county standards.It is in the city but it was built under different standards than the city standards. Vice Mayor Eck asked what the corner would look like under our urban standards. Assistant Planner Yanet Ochoa stated it would be landscaped with no curb or gutter. Assistant City Manager Bryant Powell stated there would be a ribbon curb. Assistant Planner Yanet Ochoa stated that is correct. Assistant City Manager Bryant Powell asked her to explain a ribbon curb, as he believes he has seen that at Beeman's Drilling, the next one and then Dollar Storage.It is the normal width of a section line road with a ribbon curb that helps the drainage and then it is landscaped. There are no streetlights and no sidewalks.That is the standard that was given to staff. Vice Mayor Eck asked if it is pedestrian friendly. City Engineer Giao Pham stated this is the rural lifestyle.They would have landscape buffers instead of sidewalks so that they could create pathways. The ribbon curbing is not the typical street curbing where it is 4" or 6".It is more of a flat curb that is wider and promotes drainage without obstructing any kind of pedestrian access. Mayor Insalaco commented he thought they should bring this back instead of trying to discuss it here.He thinks it needs to go to staff and engineering. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 14 OF 25 Councilmember Severs asked if they could vote on their not undergrounding and then the portion of their moving the poles would be what comes back. Mayor Insalaco commented he did not think so. City Attorney Joel Stern stated they can put certain conditions of approval or denial of their request. Councilmember Serdy asked if they could start the project out that is not up against the street and they could work the details out, knowing they are not going to be undergrounded.They would need to know whether or not they need to be moved. City Attorney Joel Stern stated he thinks they should work out the details before they make any motion.If they do not, things will come up later that could surprise them.It always happens. Mr. James Jensen stated they already have a building permit to start.They had wanted to resolve this before they got started.They could continue with the inner workings of the project.They have 50' to work with so it will not hold them up, they would just like it resolved. Councilmember Servers commented they need to know if they are going to spend $300,000 or not.That is what it comes down to. Mr. Ben Searle commented that is their main issue, whether it be the curbing or the ribbon curb.It is not as important.The project will be a beautiful assisted living home with great landscaping and a Santa Fe style.From a business perspective, it is in their best interests to make an aesthetically pleasing home.It all hinges on the power lines as to whether this business can be viable or not.They need to resolve that issue tonight.He is one of two partners and he will be moving and living in the community. They have been working on this for over 1.5 years, and this will be the deal maker.He requested that they vote on the undergrounding tonight. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 15 OF 25 Mayor Insalaco commented they can take a chance if that is their prerogative. Councilmember Dietz asked if the 34' of pavement is to widen the road. Assistant Planner Yanet Ochoa stated that is correct.That is what is required. Councilmember Dietz commented the poles would have to be moved. Assistant Planner Yanet Ochoa stated they would.They have to be 9' back from the roadway for safety purposes. Councilmember Dietz commented that those 2 poles would have to be moved regardless of whether they go with the curb or not. Assistant Planner Yanet Ochoa stated that is correct. Councilmember Dietz commented they are looking to either give them a waiver to underground or not, but they will still have to move the poles. Vice Mayor Eck commented they would have to move them if they are not put underground. Councilmember Severs commented it will not look like the other side anyway because he has to expand the road. Planning Manager Fred Baker stated that is correct. Mr. James Jensen stated there are 2 things going on here.His proposal was to make it look like the northeast corner versus just undergrounding it.He would like to just go ahead with the undergrounding and forget the northeast corner and simplify. Councilmember Severs stated they will require him to extend the road because of the REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 16 OF 25 additional traffic.Regardless of how he does it, those 2 poles have got to go. Councilmember Dietz commented that even if they approve the undergrounding the poles have to be moved. Mr. James Jensen stated to forget about what he said earlier.He probably spoke out of turn as it has not gone to planning and zoning for the other matter.He stated they would like to keep it above ground and they will move the poles. Mayor Insalaco opened the public hearing on the item. Mr. Charles Bunten asked why they are being flexible now when they have already set standards for how they want the area to be.He urged them to make the whole area rural. Mr. John Kantowski commented he wanted to know where the owner lives, that they gave tax incentive fund money to QuikTrip but they would have tax money coming back to the city, commented it would be up to the city to underground the utilities if they start giving these waivers to everybody, voiced concern about the road being widened, and added these need to be looked at on a case by case basis. Mayor Insalaco commented this is outside the development district.They want to underground everything possible. Mr. John Kantowski commented he understands that QuikTrip got the special funds because they were in the redevelopment district and we cannot do that here, but they will have to start undergrounding outside the district sooner or later. Vice Mayor Eck stated the city will not be picking up the cost to underground those other areas. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, commented it seems logical to have REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 17 OF 25 a sidewalk in front of an assisted living facility and that there be accessibility in the intersection. Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, commented he thinks this is poor site selection as it is dense for this area and they are trying to maintain the rural heritage there and not have sidewalks, gutters and streetlights. Mr. Harold Grant, Maricopa, owner of the property directly north of the proposed site, commented their proposal is good for the community and for the area and urged the council to approve the appeal and just have the poles moved. Mr. Carey Blazek commented rules are rules. Mrs. Shannon Flynn asked why they have been keeping the applicant for over a year when they already have the rules and regulations. Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, stated the city is at a turning point with the development in the town and it is critical to uphold the rural atmosphere and our identity. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, stated the rural atmosphere is supposed to be advantageous to equestrians and the commercial and residential projects will block the horsemen who live just west of the location and prevent them from riding to a quiet area; this is the last place for horsemen to come to in the valley if they want to do anything; that the facility should be west of Winchester as it is already developed; and they are now having the shotgun effect of people wanting to do businesses where it is rural zoning. Mayor Insalaco commented this is really residential.He closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Eck commented there are 2 main issues.When he first heard of this he thought REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 18 OF 25 it would not happen because he believed this was general rural and R1-43, plus in the "Y" area.However, this lot is zoned C- 1.It is zoned for this type of development and the council has no control over the zoning.They can build multi -family and assisted living housing on C-1.Most all of the other properties are CB -1, and they would actually have businesses there.He was surprised they had this type of zoning and they will have to pay more attention to what the zoning is.If it were general rural, this would never be passed.It would be no smaller than 1.25 acres.If it were R1-43, it would be acre lots.They currently have the zoning so they can get the density.The other issue is where they are at updating the ordinance on electric.They had sent the development services director out to dictate where it would be feasible to underground utilities, such as everything south of the freeway and where there is vacant land for miles.The problem since they created the ordinance is that they are only getting a section done and all the rest is above ground.It has not worked except for QuikTrip.We are in the process of changing the ordinance.They need to get it changed because there is the perception from the public that the council is giving away something.He asked the status on the ordinance. Councilmember Severs commented he thought it was supposed to be here tonight. Planning Manager Fred Baker stated it will be on the next planning and zoning work session next Tuesday.It has to go through the hearing process that is needed. Vice Mayor Eck commented they have deemed all of the downtown area, south of the freeway, and all of the open land and specific land, for undergrounding.If they underground 4 or 5 poles, they might have to bring in 2 metal posts that are twice as tall.Instead of 12KV, it would be 48KV or higher.They would be the huge posts.The ordinance has not worked as it was created so they are revising it.And it needs to be done as soon as possible.They need it done so that they do not have developers continually coming up and the council giving the perception that it is giving something away. Councilmember Barker agreed that is should remain rural.If the landscape and streetscape is going to retain that, then she would prefer to see it there. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 19 OF 25 They are here for the appeal of undergrounding the lines or not. We said that there are lots that the undergrounding of their utilities will also mean the undergrounding of utilities of across the street or practically 2 blocks away.Those would not be practical to do.As we get into open area with new development, it will be practical.That is her understanding. Mayor Insalaco and Vice Mayor Eck agreed. Councilmember Barker commented they need to make a motion on the appeal. Vice Mayor Eck commented he wanted the public to know that we are working on that ordinance so they are aware the ordinance will be revised and it will not have the perception that the city is giving the developer something every time they come to us because they are filling infill property. Councilmember Severs commented some of the people in the audience spoke about going against our standards.When they set a standard, things and times change.Circumstances change.This is one of those cases, where the standard was everything would be undergrounded from now on and it just does not work.It is being revised and it has to change.It is not that they are lowering their standards or excepting anything, they are revising something to make it better. Mayor Insalaco commented this is not general rural; it was already zoned for what it is going to be.The council is not changing anything there. Councilmember Dietz commented he already has his building permit. Mayor Insalaco commented he has his building permit and all the talk has been for naught. He closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT CASE PZ-1-08, AN APPEAL OF THE LANDSCAPING AND SCREENING REQUIREMENTS FOR THE UNDERGROUNDING OF UTILITIES FOR THE PARCEL REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 20 OF 25 LOCATED AT THE NORTHWEST CORNER OF BROADWAY AVENUE AND TOMAHAWK AVENUE, SUBMITTED BY JAMES JENSEN OF BEEHIVE HOMES, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1317, ESTABLISHING TRAFFIC CONTROL AT 16TH AVENUE AND WINCHESTER ROAD ) ) briefed the council on the item. City Engineer Giao Pham Mayor Insalaco asked if there will be any kind of warning after this is done as there will be people not remembering and they will be flying right through there. City Engineer Giao Pham stated they will look at the entire intersection.They will look at the Manual for Uniform Traffic Control devices and look at the pre -warnings.They will usually put pre -warning signs of new traffic control in place. Vice Mayor Eck commented he stated he would work with the church once the 4 -way is in to see what the outlet flow is. City Engineer Giao Pham stated that is correct. 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. Councilmember Serdy commented if the church will give up enough of their parking lot to make a lane going south, it would alleviate a lot of the problems.The people who want to go right would not have to wait.It would REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 21 OF 25 save time.There is only 50 yards after they get out of the church parking lot. Vice Mayor Eck commented there used to be police officers after the service.He does not know if the church hired them or not. Mayor Insalaco commented he believes they hired off duty police officers. Vice Mayor Eck commented they would get the flow going.He does not know if that is still an option. Mayor Insalaco stated staff will be working on that.He closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1317 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. Councilmember Dietz MOVED THAT ORDINANCE NO. 1317, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 22 OF 25 None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Finance Director Keith Lewis briefed the council on the selection of budget work sessions with the city departments between May 5, 2008 and May 16, 2008. There was general discussion on the availability of the council members on these dates. There was general discussion on putting the possibility of selecting a second meeting date on that agenda, if needed. Councilmember Dietz MOVED THAT THE FOLLOWING DATES/TIMES AND LOCATIONS BE APPROVED FOR BUDGET WORK SESSIONS WITH THE CITY DEPARTMENTS:FOR TUESDAY, MAY 13 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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, APRIL 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, APRIL 15, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 23 OF 25 VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:17 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of March 18, 2008. 3. Appointment of Magistrates Pro Tem. 4. Ratification of Department Director Appointment. ACCEPTED THIS 15th DAY OF APRIL, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF APRIL, 2008. ATTEST: KATHLEEN CONNELLY City Clerk yor CITY COUNCIL MINUTES CERTIFICATION INSALACO 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 REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 24 OF 25 day of April, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of April, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 1, 2008 PAGE 25 OF 25