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HomeMy WebLinkAbout2007-08-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 7, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 7, 2007, 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 7:05 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck 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 Planning Manager Fred Baker Assistant Planner Yanet Ochoa Assistant Planner Michael Heuchert REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 1 OF 52 Parks Superintendent Nick Blake Economic Dev. Dir. Steve Filipowicz Sergeant Theresa Rodgers Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT DALE C. COLLIER BE APPOINTED AS DEPUTY CITY MAGISTRATE FOR THE TERM OF AUGUST 15, 2007 THROUGH AUGUST 15, 2009; THAT CHARLES J. ADORNETTO, DAVID P. ARROW, E. EVANS FARNSWORTH AND NORVAL C. JESPERSON BE APPOINTED AS MAGISTRATES PRO TEM FOR THE TERM OF AUGUST 15, 2007 THROUGH AUGUST 15, 2009; AND THAT ALL APPOINTMENTS ARE TO BE EFFECTIVE FOR SAID TERMS AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENTS FOR THE CITY MANAGER, CITY ATTORNEY AND CITY MAGISTRATE, TO BE RETROACTIVE TO JULY 1, 2007 AND CONTINUE THROUGH TO JUNE 2, 2009; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 07-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON WINCHESTER ROAD FROM 29TH AVENUE AND EXTENDING SOUTH A DISTANCE OF 280 FEET DESCRIBED IN EXTINGUISHMENT CASE EX -2006-05 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC ROADWAY BE APPROVED; AND THAT RESOLUTION NO. 07-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM (FY 2007) FUNDS; AND APPOINTING THE DIRECTOR OF PUBLIC SAFETY/POLICE CHIEF TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL BE APPROVED; AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 2 OF 52 THAT RESOLUTION NO. 07-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS BE APPROVED; AND THAT THE FY 2006-07 EXPENDITURES TO ARIZONA TACTICALFIREARMS, LLC FOR UNIFORMS, EQUIPMENT AND SUPPLIES FOR OFFICERS AND THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $70,000; ASAP SOFTWARE, INC. FOR VARIOUS COMPUTER RELATED:SOFTWARE.PURCHASES IN AN AMOUNT NOT TO EXCEED $60,000; AND. DELL MARKETING, LLC• FOR VARIOUS COMPUTER RELATED-EQUIPMENT IN AN AMOUNT NOT TO EXCEED $200,000, BE RATIFIED; AND THAT RESOLUTION NO. 07-26, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MEMBERS OF THE PINAL COUNTY LAW ENFORCEMENT ASSOCIATION TO ALLOW FOR COOPERATIONI IN PROVIDING RECIPROCAL MUTUAL AID BE APPROVED; AND THAT THE MAYOR AND CHIEF OF POLICE BE AUTHORIZED TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating August as "Drowning Impact Awareness Month!" and presented it to Apache Junction Fire District Captain Mike Farber. CALL TO THE PUBLIC Mrs. Peggy Wilson, 128 S. Starr Road, Apache Junction, read a letter from Micheal McLean in support of cargo containers on residential lots. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 3 OF 52 Pastor Ed Bird, Community Christian Church, 1150 W. Superstition Boulevard, Apache Junction, addressed the council in support of cargo containers on church properties. Mr. Conrad Pisinski, 1169 W. 14th Avenue, Apache Junction, addressed the council in opposition to cargo containers on residential properties. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding -the reasonable use of private property. Mr. Ed Dison, 5420 Painted Rock Road, Apache Junction, Superstition Horsemen's Association chairman, addressed the council regarding putting the R1-43 horse boarding facilities and outbuilding facilities as opposed to the living space back on the agenda; he also spoke in support of cargo containers on residential properties. Ms. Phyllis Blake, 2152 E. 14th Avenue, Apache Junction, addressed the council in support of cargo containers on residential lots. Mr. Charles Cabellero, 945 E. Scenic, Apache Junction, addressed the council in support of cargo containers on residential lots and permit fees being charged to allow them on the lots. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council in support of cargo containers on residential lots and the need for enforcement on them. Mr. Danny Skaggs, 925 W. Windsong, Apache Junction, addressed the council in support of cargo containers on residential properties. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Boys and Girls Club upcoming Bowl-a-thon on Saturday and their raffle for Visa gift cards. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 4 OF 52 Mr. Sean Lake, 1930 E. Brown, Mesa, addressed the council regarding the undergrounding of utility lines requirement for Sands on the Trail Auto Dealership. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR FOX TOBACCO AND LIQUOR )City Clerk Kathleen Connelly briefed the council on the item.She stated they are a retail outlet located at Ironwood and Apache Trail.There are no objections raised from staff or the fire district.The applicant has been notified and asked to be present this evening. Mayor Insalaco requested the applicant address the council. Mr. Mitchell Fox, 1601 W. Apache Trail, addressed the council to answer any questions.He requested approval of the license. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR FOX TOBACCO AND LIQUOR, SUBMITTED BY MITCHELL FOX, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 5 OF 52 Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-25, DECLARING CHAPTER 9 NATIVE PLANT PRESERVATION A PUBLIC RECORD; ORDINANCE NO. 1301, ADOPTING CHAPTER 9 NATIVE PLANT PRESERVATION BY REFERENCE )Planning Manager Fred Baker briefed the council on the item.He stated there have been 4 different work sessions on this item.Staff is presenting what the planning commission has recommended.The ordinance will apply to all new development and development expansions.If an applicant has over 3 acres, an aerial of the site with the project site plan and an inventory of the protected native plants will be required.No aerial will be required if it is less than 3 acres; a photo of the site will be required.The site plan inventory will identify species, size, general condition and salvage status of each protected plant. He gave a description on the salvage requirements, process, fees and fines.At the work session the council raised some concerns.The planning commission recommended that 1.25 acre lots be excluded from the ordinance.Those lots amount to about 20% of the total area of the city.The council requested that local nurseries be utilized as part the nursery maintenance; they have been contacted and two of the four have room to accept these plants.Council desired to bring the two to one replacement ratio down to one to one.Staff feels they should maintain the two to one ratio as older plants have more value and new plants will most likely be younger, even though they are requiring a 48" box.If the site would be over -planted due to that ratio, then there would be relief. ,There was concern on the maximum fine per plant being $10,000.That is what the planning commission is recommending.There was also concern that city staff would complete the native plant plans or if a REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 6 OF 52 plant specialist would be required.Staff does not have that expertise so an expert would be needed. Vice Mayor Eck commented he thinks the 1.25 acre lots should be left in there.He is concerned with the fee as he has no idea of the cost for a native plant specialist to come out and look at the property to determine the value or if the property does not have anything on it worth salvaging.He thinks there are a lot on the northeast side that do have salvageable plants.He is concerned with the cost. Planning Manager Fred Baker stated the cost to applicants with smaller properties is different than larger properties in terms of the submittal requirements.They would still need an arborist, which is less expensive than a landscape architect to identify what is worth saving.If they were to take pictures of the plants and identify their site plan on the 1.25 residential acre lot, staff would then be in a position to have to go to a specialist. There is a landscape architect on staff, but he could get real busy.They could also contract it out with the city paying for the review.It is an extra burden.If the applicant on a vacant piece of property were to remove the plants for sale, they would have to get a permit from the state to do that. Keeping them on site would save them some money. Vice Mayor Eck stated he likes their encouraging them that if they want to remove them from the property as they do not want to use them, that they could be used directly throughout the city in specific areas to be designated.He would have concerns that the director use leniency in the fine.If one saguaro out of ten were to die, and it is at a cost per foot that is applied, the fee could be as high as $10,000.He hoped there would be common sense used in the fine. Councilmember Barker stated she still had a problem with their having to ask to have someone come out and look at it if they do not have enough room.She REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 7 OF 52 also feels the $10,000 is way too high.She would like to amend that in the ordinance. Vice Mayor Eck agreed. Councilmember Dietz commented he_thinks it is a pretty good deterrent. Councilmember Wilson asked how long after the'plant is planted are they.subject to the two to onereplacement. Planning Manager Fred Baker stated it is for one year.It allows enough time for the plant to take hold and survive the transplanting process. Councilmember Severs commented if they transplant a cactus and it dies 10 to 11 months later, they are subject to fines and penalties. Planning Manager Fred Baker stated they are subject to replacing the plant based on the mitigation identified.If they do not, then .they would be subject to fines and penalties. Councilmember Severs asked if plants were added that are not on the state or federal list. Planning Manager Fred Baker stated our list .is.specific to plants that are known to be in. Apache Junction.The state list is much more extensive.The -particular plants thatwere talked about at the work session, the ordinance identifies that particular species which are- cholla and pricklyjpear, which are the same :species,have about 30 some different genus type of that plant.They are only looking at one of:each.They may appear to.be abundant, but it would take a plant specialist to identify that plant.Staff -is asking that those.two be preserved:;they are probably two of the most common in this part of the desert area. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 8 OF 52 Councilmember Severs commented he is not familiar with many of the cactus names. There is one that has little balls that fall off and stick to everything.He asked if they are protecting those. Planning Manager Fred Baker stated those are cholla and they are being protected. Councilmember Severs commented he has heard them called jumping cactus. Planning Manager FredBaker .stated they are:cholla; we are protecting a certain type of cholla. Councilmember Severs commented they should be outlawed. Councilmember. Wilson. commented he wanted to address the cholla, also.They are very painful if you ever get one on you.He cannot see protecting that one.If,they are going to have a development with little kids around, they will not want this plant.If they are going . to have any livestock, they do not want this plant.He does not believe they should be forced to pay money to preserve the plant on their site.or -try to give it to someone.It is wrong. Councilmember Dietz commented there are different types. There was general discussion on whether they all had the cholla balls that jump and stick to everything. Councilmember Serdy commented he has problems with more of the species.Apache Junction is 300 to 400 feet higher than a lot of the cities we have copied from.A lot of this stuff does not grow in Queen Creek so they would want to preserve it more.We are more vegetated here.He does not think we should have to preserve palo verdes and velvet REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 9 OF 52 mesquites.The nurseries do not want them; they want the saguaros and the barrel cactus.They will be full after one project.He asked who would take them.They will be saving and stockpiling them and no one will want them.There is no desire to have velvet mesquites.He kills 50 of them a month from the tree in his yard that drops them.They are not a delicate plant like the saguaros and barrels. Planning Manager Fred Baker stated those are plants that are found in this area.They did not really copy that from any particular city.Our landscape architect is quite knowledgeable of plants that have value and are worth preserving. Councilmember Serdy stated perhaps where the Rhodes Homes will be will be suitable as there are not a lot of trees down there.In the years to come they will want those trees, but right now no one will.Whoever is developing in the next few years will be stuck with all these trees.He asked if they could do a timetable where they can be used later.They cannot keep them in boxes for years. Planning Manager Fred Baker stated if the city accepted them we would want to keep them as permanent.They would have to look at the ordinance on how they are donated or given away.If we take them, they would be put in our desert parks and the medians. Councilmember Serdy stated we would definitely want that in order to make the city prettier. However, when we are full we will run out of room.That needs to be addressed. Councilmember Wilson stated he talked to the Department of Agriculture about some of these things.They told him that if a native species plant is donated, someone has to pay for the paperwork.He asked if the city would be required to pay for the permit or would the person donating the plants be required to pay for the permits. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 10 OF 52 Planning Manager Fred Baker stated he understood that if they are donating the plant to someone that wants to sell it, then the fee must be paid.The city is not a profit making organization and it is not acting like a nursery.He does not believe the city or the donator would have to pay a fee. Vice Mayor Eck commented it should not be any different than it is now according to the state law.There is the one fee that goes to the state.There was no donating after that, just blading.He does not think there is a donation fee.He thinks they should go ahead with the ordinance and if they run out room for palo verdes or something, they have the equestrian trail and the Bureau of Land Management land where they can put some trees.They could design a pathway.He is sure they could find room. Planning Manager Fred Baker stated he believes the plants have value and the property owners and developers believe they have value and they will make every effort to put them back on their site.He does not think they will have that many that will donate to the city.They are offering that as an option for those that do not want to pay the maintenance fee.We will take them, but we will take them permanently. Councilmember Dietz stated he does not see it being a problem. Planning Manager Fred Baker stated he was talking about a nursery charge, not a fee. Mayor Insalaco stated he does not like the two to one.The fee is also a little steep for him. Councilmember Barker asked what he would consider a non -steep fee. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 11 OF 52 Mayor Insalaco stated he did not know. Councilmember Wilson asked if this would force some people to subdivide these out if they have 5 acres and if they have to do all this.He asked if they are trying to force the issue to make smaller lots. Councilmember Dietz asked if he was talking about a person with .a 5 acre lot who wants to put a house in the center of it. Councilmember Wilson stated he is talking about someone who has a 5 acre lot and wants to subdivide it down to 1.25 acre lots so that he does not have to do this. Mayor Insalaco commented anything larger than 3 acres requires an aerial photograph. Planning Manager Fred Baker stated that is correct.The planning commission recommended excluding 1.25 lots.If they put that back in, it becomes a non -issue. Vice Mayor Eck commented what Councilmember Wilson is stating is that they do not have to go through any type of lot split to go under the 5 acres to get to 1.25 acres.Someone could essentially split their 5 acre lots into 3 lots and avoid the work. Councilmember Dietz stated they could a 2.5 and two 1.25 acres. Planning Manager Fred Baker stated he believes people will be motivated for a lot split for much different reasons that trying to go around the native plant ordinance. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 12 OF 52 Vice Mayor Eck commented he believes that is what he is saying.He asked 'how they would enforce it if a 5 acre lot was going to be split. Planning Manager Fred Baker stated the city never sees lot splits other than when they are recorded at the county.By state law, the protected plants can be destroyed; they just cannot be sold -or be donated for sale. Vice Mayor Eck asked how they would enforce this before the split. City Attorney Joel Stern stated the council does do land splits.It is a 2.5 acre minimum. Assistant Planner Yanet Odhoa stated 2.5 acres or under would not require city approval. Mayor Insalaco opened the public hearing on the item. Mr. Noel Benoist, 900N. San Marcos #35, Apache Junction, addressed the council.He stated some people feel the 1.25 acre exemption is discriminatory. People would also be encouraged to take their 5 acres and split them into 4 lots; they do not have to worry about it anymore with 1.25 acre lots.The biggest concern is that the prickly pear is basically a cactus weed.It is the host of a fungus that attacks domestic plants a lot of people want in their gardens.People are not in favor of protecting the prickly pear and the cholla.The cholla chunks dry up and fly at everyone like a missile when it gets windy.The barbs go in and when you try to take them out they rip and tear.They also have infectious microorganisms and dirt on them that stay in your skin.Another one most people do not want is yucca.We do not really have yucca in this area; they were purchased at a nursery and planted in yards. REGULAR MEETING.OF-THECITY COUNCIL AUGUST 7, 2007 PAGE 13 OF 52. Mr. John Kantowski, 836W. Windsong Street, Apache Junction, addressed the council.He stated he was the dissenting vote on the planning and zoning commission as he questioned the 1.25 acre lots.He has a 30' high saguaro with 6 arms on it; each arm takes 75 years to grow. This ordinance would allow him to knock it down and put a tin shed there.He would like to see this ordinance include all sizes and not exclude anybody.He asked if the chollas are voted in, do not put them in the city parks. Cbuncilmember Severs:asked if there were any developers in the audience tonight that could give their'opinion on this. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council.He stated cholla is not a common plant here.There were more grasses here in territorial days and ironwood was more common.Palo verde-is basically like a:-weed; they grow fast and should not need to be protected.Ironwood are quite rare nowadays and there used to be a lot more of them.Cholla came from the land being overgrazed.He would like to get rid of the cholla.Otherwise, he thinks it is very good. Mr. Rene LeSuitre, 5775 E. 20th Avenue, Apache Junction, addressed the council.He is a real estate banker representing .a number of developers in the city.He asked that they go slow on a number of these ordinances.They are a burden to the developers.They are not adding value.There are state laws and he feels they are detailed enough.He added they should also go slow on the containers as there are people looking to incorporate into the city that use them.He asked that they also help out the applicants on number 17; he also helped those people out. Councilmember Severs asked if the way this ordinance is written now could possibly hurt the developers he is working with now in coming here. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 14 OF 52 Mr. Rene LeSuitre stated everyone who is coming here has a real specific need and purpose.There are many items to consider.It is just another burden that does not add value.Most people that develop property out here will rip out some plants, mostly cholla.They take out palo verdes and replant them.There have been people that have destroyed 1.25 acres and lots here and there.Most people do the right thing.Most people do not want cholla or some other plants.When he moved back up on the mountain, he regraded his driveway.He took out a lot of cactus but he also replanted a lot.Developers will have a problem with it, especially when the aerial photographs are not current.He foresees problems with getting the developers to do it.It will slow down the process and that will cost more money. Mr. Bill Sandry, 6359 E. Indigo Street, Mesa, with the Business and Property Owners of Apache Junction, addressed the council.They submitted a short list of concerns in writing to staff on this issue.Those concerns have not been addressed.More issues have been raised and we agree with those concerns.Before they vote on this, he requested they work with the business owners and developers to resolve them.It could cause a severe economic impact on the city.There are a lot of regulations that require compliance. If they are compliant with federal and state regulations on this, they are already 90% there and the maximum by the Department of Agriculture is $5,000. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Dietz asked if input was received from developers on the beginning stages of this. Assistant Planner Yanet Ochoa stated it was. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 15 OF 52 Councilmember Dietz commented there have been numerous open meetings, planning and zoning meetings and work sessions on this, and we did work with developers in the beginning on putting this together. Assistant Planner Yanet Ochoa stated that is correct. Councilmember Dietz commented this was first brought to council in 1998 and direction was given.Somehow if fell by the wayside with the previous city manager.Developers have come in and bladed a property, most recently at Plaza and Tepee.They bladed the trees, seven saguaros that were perfectly good with 6 to 8 arms on them, and nothing was wrong with any of them.He feels that something needs to be done.The plants that were brought up, the cholla, prickly pear and the yucca, were taken off the Arizona Native Plant Law.It is not something we are taking out of the air to throw on the list for the city.We are taking the very few from the State of Arizona Native Plant List.He feels it is necessary to protect the desert that we live in.It is part of who we are and what we are.It is part of the old Southwest. They have been here long before any of us and we are the ones that came in to invade their area.They need to be protected. Councilmember Barker commented she would prefer to see the fine go down to the state level of $5,000 maximum.It is still a great incentive.Most people cannot pull $5,000 out of their pocket. Mayor Insalaco agreed. City Attorney Joel Stern stated this is not a crime under the ordinance if approved.The way it would be enforced is if a person does not pay, they would have the right to appeal to superior court stating that it was arbitrary and capricious.If they do not win that, then the city would get an order by the administrative judge for them to pay it.They would then be forced to pay by getting a letter from his office.It would be a superior court action.He would REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 16 OF 52 have to seek a request from the council to actually sue the individual or the corporation.It is doable, but that is the extent to what they are passing here.It is not a crime or a civil violation. Mayor Insalaco stated he does not care for that. Vice Mayor Eck asked if there is anything they can put in the ordinance to simplify the process. City Attorney Joel Stern stated this is simpler than going to magistrate court. Councilmember Dietz asked if they could put a lien on the property. City Attorney Joel Stern stated they can if he gets a judgment and that could take awhile.They could also garnish someone's wages.There are all sorts of unpleasant things that could happen to people when they do not pay this. Councilmember Severs asked how much that process would cost the city. City Attorney Joel Stern stated it would depend on the litigation and if the other side gets an attorney. Mayor Insalaco commented he thinks this is getting way out of hand. Councilmember Dietz commented they are just trying to protect the land. City Attorney Joel Stern stated this is the extent of the enforcement.It would be a process through the city manager's office for an appeal.The REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 17 OF 52 individual could.go to superior court.If they lose, unless they have a constitutional issue which he does not see here, they would have to pay. Vice Mayor Eck commented in every community he has talked to that -has this, it is functioning.There is not an outcry from the business people there.The main idea is to protect the native cacti.That is all the intent is.of .this ordinance.If it becomes something that is overwhelming and expensive down the road, or the process is too slow, then they can make a.change.He does not want to see the process slowed down or-a development slowed down.He does not want to see a heavy burden; he thinks they should lower the fine.He has no problem with taking cholla off the list or going with a one to one replacement.The core of the ordinance is proactive.That is what they are trying to do; staying -with the current property .sizes should be okay. Councilmember Severs agreed,. adding he.thinks.the -intent is to save some Of our native cacti. He thinks it:is a great.idea.They need to look at ways to better our community and our environment.They also need to look at the burden and the problems it may cause.We need development right now and we need to make it easier on developers.Every single one of them that is on here that they could eliminate, like the palo verde, cholla, mesquite and prickly pear, should be eliminated.That is 6 plants the developer would not have to worry about.It makes it that much easier and we are still protecting the ones that need it the . most like the saguaros.He hatesto see those ruined, too.He thinks this is a good thing but they need to look at both sides of it.They.have talked about lowering the fine and we do need to do that.They need to make the two to one a one to one replacement.He would support this if they could eliminate those six. Councilmember Barker asked if they eliminate anything off this list that is regulated:by-the Arizona Naive Plant law, would it not have something to do with US. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 18 OF 52 City Attorney Joel Stern stated there is.someoverlap in statelaw and this ordinance. If those items were _eliminated-, it would 1. -lot be illegal in the city to do it, but it .might be illegal under the state law. There could still be penalties understate law if a state. inspector sees them do it. Vice Mayor Eck commented state inspectors:do nothing. City AttorneyJoel Stern stated it could:be=a police officer who calls up the state or any city employee that calls them to advise what happened. Vice Mayor Eck commented they need to figure out which ones they want on iand which, ones to take off, plus the otherchanges that need tobe done and do it so they can get going with this thing. Councilmember Serdy asked if they could haveHfUrther talks on this.He was not aware of four work sessions on this and asked if those had been with.the- previous. council, Mayor Insalaco commented they were not with him. Councilmember Barker asked -if they could table thisand come back with a work session on this again. Mayor Insalaco stated they could. City Attorney Joel Stern stated they should continue it instead of tabling it. City Clerk Kathleen Connelly stated it should be to a date certain. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 19 OF 52 City Attorney Joel Stern stated it should be for a work session or as another public hearing. Mayor Insalaco stated he believes they need another work session on this to iron out all this.There are a few of them that are not happy with this. Vice Mayor Eck commented they never feel comfortable when they have 7 people asking 20 questions each.There are too many questions. City Clerk Kathleen Connelly stated because 14 and 15 are companion documents, they need to continue both. Councilmember Barker MOVED THAT WE CONTINUE ITEMS 14 AND 15 TO THE SECOND WORK SESSION IN SEPTEMBER, SEPTEMBER 17. City Clerk Kathleen Connelly stated for the benefit of the public, they also need to give a date when the ordinance would come back, unless they would like to readvertise and incur those costs. There was general discussion on when to bring it back for a public hearing. Councilmember Barker AMENDED HER MOTION TO ADD THEY BE BROUGHT BACK FOR A PUBLIC HEARING THE FIRST MEETING OF OCTOBER, OCTOBER 2. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 20 OF 52 Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. ORDINANCE NO. 1305, PZ-6-07, PLANNED DEVELOPMENT AMENDMENT REQUEST BY IDAHO FREEWAY ASSOCIATES) )Assistant Planner Mike Heuchert briefed the council on the item.He stated this will amend Ordinance No. 1134.The property is located at the northeast corner of Idaho and US 60.The applicant would like to remove the palette of uses created by that ordinance and allow any use listed in the C-3 zoning district.The previous city council envisioned some service -type uses and excluded filling stations, auto and transmission repair, RV storage, car wash or a mini -storage.People have talked to the applicant about purchasing but do not see their use listed and shy away. He requested they be allowed a little more discretion in what type of use would go there.He described the subdivision and the surrounding uses.He presented a new list that the applicant agrees with.At the work session council requested that light automotive sales, repairs and storage uses be conducted in an enclosed building.There will be no drive up windows permitted for liquor stores due to its proximity to the freeway.The applicant has had people ask about a commercial business park under a conditional use permit so that has been added.He listed the conditions of approval. Councilmember Severs asked for a brief description of what is not allowed in this area. Assistant Planner Mike Heuchert stated industrial uses would not be allowed and RV boat storage would only be allowed within an enclosed building.Any retail would be allowed; machining and things close to an industrial use would not be allowed. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 21 OF 52 Councilmember Severs asked if they are allowing meat lockers, slaughter houses,or sexually oriented businesses. Assistant Planner Mike Heuchert stated they are not. Councilmember Severs stated it is made very clear in that list what is not allowed and the applicant is happy with it. Assistant Planner Mike Heuchert stated the only comment was that they would prefer to do some outdoor storage. Councilmember Severs asked if he was okay with everything else. Assistant Planner Mike Heuchert stated that is correct. Vice Mayor Eck commented as long as there is a planned development they will have to come before the planning and zoning commission and council.That is the main issue.There is already one storage facility going in and he does not want that to become storage alley. Mayor Insalaco requested the applicant address the council. Mr. Cliff Axt, 10332 E. Breathless, Gold Canyon, addressed the council on behalf of the applicant.He thanked the planning and zoning commission, staff and everyone who has worked on the project.The owners have had it for 18 years.They did not get a lot of response to advertising because of the use palette.They never had any comments on the price.Twelve years ago there was an agreement signed saying if Super 8 goes in there would not be any more motels.They are now busy and he is getting calls from other motel builders.They are very interested in considering one or REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 22 OF 52 two of the lots.It would be more of an upscale motel and it is really needed. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1305 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1305, AS READ BY THE CITY CLERK, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1306, CASE PZ-9-07 AND RESOLUTION NO. 07-35, CASE SD -1-07, A'MAJOR AMENDMENT TO' A' PLANNED DEVELOPMENT AND A SUBDIVISION CONSISTING OF 11.62 ACRES TO CREATE 1.18 RESIDENTIAL LOTS REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 23 OF 52 )City Attorney Joel Stern briefed the council on the item.The applicant has requested a continuance in this matter to August 21, 2007.This is a public hearing; he suggested they have the public hearing for any input the public wants to make. Mayor Insalaco opened the public hearing .on the item.There being no one wishing to speak, he closed the public hearing and called for a -motion. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1306 AND RESOLUTION NO: 07-35 BE CONTINUED TO THE CITY COUNCIL MEETING OF AUGUST 21, 2007 FOR A PUBLIC HEARING; Councilmember. Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS COUNCIL CODE OF COOPERATION AND TEAMWORK )City Manager George Hoffman briefed the council on the item.He stated the council first considered it at their retreat and it has been discussed at a work session.Tonight it is available to discuss or consider adopting this or another code of conduct. Councilmember Barker asked if D and F are still duplicates. There was general discussion about the duplication. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 24 OF 52 City Manager George Hoffman stated it looks redundant and will be stricken. City Clerk Kathleen Connelly stated the policy team and management team signatures should not be on the last page. Councilmember Severs asked why. City Clerk Kathleen Connelly stated because the council is adopting it; there is no need to sign off on it. City Manager George Hoffman stated if the council is going to hold itself to a certain level of conduct, it will also be communicated to the management staff as an expectation of his that they aspire to the same level of conduct.He does not care if it is signed or not. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE COUNCIL CODE OF COOPERATION AND TEAMWORK BE APPROVED WITH THE FOLLOWING AMENDMENTS:THAT LETTER F ON PAGE 2 BE STRICKEN, AND POLICY TEAM SIGNATURES AND STAFF MANAGEMENT TEAM SIGNATURES ON PAGE 3 BE STRICKEN. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember. Serdy requested it be put on the website so that the public will know what has been voted on. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 25 OF 52 Councilmember Barker stated it is on the website. Councilmember Severs commented he would like to see a signed copy posted on the wall of the council chambers so that everybody knows what we are working toward in the community and who we are working for. City Manager George Hoffman stated it will be available and included in the council packets. City Clerk Kathleen Connelly stated they have already ordered the plastic sleeves so that this document and the next will be part of their council packets. COUNCIL WORK PLAN FOR FY 07-08 )City Manager George Hoffman stated this has been provided to them several times although it is not in the packet this evening.They considered a work plan at the retreat.They had staff input on things seen on the horizon and they added a variety of things.It was brought back to them at a work session, with the thought of formally adopting the work plan that they can communicate to themselves, staff and the community as comprising the core of what they want to accomplish in the year ahead. Councilmember Dietz stated he would like to see that online also.They have discussed formally adopting it. There was general discussion that they had agreed to adopt this. Vice Mayor Eck commented the discussion on this and the last item was that they just had their retreat and came up with a consensus as a group on the direction they want to go in the next year.These are the items they are trying to accomplish. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 26 OF 52 Councilmember Severs commented this is a code of cooperation and teamwork amongst themselves, and between them and staff.The next page is the council work plan for the year.He asked if they have their commitment to the community anywhere, their pledge to their citizens.He asked if they have one and if it is printed anywhere. City Clerk Kathleen Connelly stated they each take an oath of office in which they agree to obey the ordinances of the City of Apache Junction, federal law, state law and the constitution. Councilmember Severs commented it is all generic, legal stuff. City Clerk Kathleen Connelly stated that is correct. Assistant City Manager Bryant Powell stated there is also a mission statement that is printed in the budget each year for each of our departments and divisions. City Clerk Kathleen Connelly stated there is also one for the council. Councilmember Severs asked where he would find that. Assistant City Manager Bryant Powell stated it is in the budget book each year that is provided to the council. City Manager George Hoffman gave a brief overview of the work plan with an overhead presentation and how the pages could be read.Topics included economic development inclusive of downtown development, a hospital, infrastructure agreements, main street and other boards; revenue development inclusive of grants; community REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 27 OF 52 development inclusive of particulate matter; state land; energy efficient standards; new capital facilities plan; parks and recreation:master plan; park planning; roads; public safety; the animal control building; emergency preparedness; relationship building; communication with internal community partners; reaching out to external organizations; and miscellaneous internal issues. Councilmember Barker asked if these would be sleeved also. City Clerk Kathleen Connelly . stated they willibe sleeving the-code, the work plan and a 2008 calendar. City Manager George Hoffman stated it is important that they all have a mutual expectation of what this work plan would be.He would view it as how staff would prioritize their work effort to reflect the prioritization of the council work effort, but he would not anticipate that it is an exhaustive and exclusive list of what will be worked upon. There will be other things.This will be viewed as a reflection of their core goals for the year. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT. THE: COUNCIL WORK PLAN FOR FISCAL YEAR 07-08 BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF USE OF CARGO CONTAINERS REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 28 OF 52 )Councilmember Wilson briefed the council on the item.He gave a brief overview of what they covered in the work session yesterday.He is bringing this back up because of several phone calls and conversations he has had with people of the community.Several other people came in tonight to express themselves on the issue of the cargo containers.Right -now staff is looking at this for businesses and emergency situations.He would also like them to address -residential areas.He showed various pictures of cargo containers, some -that -had been covered and .others not.He would like to see these put into the property maintenance rules -and have permits so that they could: controlwhat they look like, making 75% of the structure be covered. Councilmember Dietz asked if the ones he was showing were cargo containers. Councilmember Wilson stated they are. Councilmember Dietz asked if they had windows:built in them. Councilmember Wilson stated they can order them with windows and doors.When he told a company in Phoenix that they were looking at putting a façade on the outside of it, they said they could do that as well.There is a definition of deterioration in the property maintenance standards, along with securing and stored.He commented the little sheds are not secure. Councilmember Severs asked him to show again the definition of secure. Councilmember Wilson showed the slide -with the.definition again and'read it.The aluminum containers are not -secure.He showed additional slides with other sheds or tarps used to cover items.If they are not tied down properly, they become airborne.A big advantage of the cargo container.iS for people who have livestock to secure their REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 29 OF 52 putting running setback are tack and prevent infestation.Rodents go into small buildings and tear apart the materials.It is hard to keep them out. They can also store cubed hay in there with no fire problems. He feels with the proper wording and the proper place in the property maintenance standards that it can be put there.They already have the ability to issue fines.With the requirement that they have a permit in order to put them on the lot, they would know who has them and control them.They will not then have a line up of sheds along the house.He requested their support. Vice Mayor Eck commented his biggest concern was how they would require the guidelines for design on them.He would want them to look good.When he originally heard they were cargo containers he said no.His biggest concern is their appearance.When they did the neighborhood preservation ordinance they basically said to screen everything and put their stuff behind a fence or screen. Some of the screens are probably worse than the stuff that was originally there.It would probably be a lot better for it to be inside a container. Councilmember Wilson stated they saw a fence this weekend that was pretty expensive for a non -fence as they took plywood and It does not look becoming and from construction and put things into cargo $2,000 to $3,000. requirements in. concerned about, such a weapon the community can put it around their property. they have used wax to control dust it on the plywood.He believes in containers.They are not cheap, They are durable and they can put They can control all the issues they as a line of them. use It to control things will give them like this. Councilmember Dietz commented they are talking about 75% of the metal building being covered with something.He asked if he would consider the last picture 75% covered. Councilmember Wilson stated it is 100% covered. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 30 OF 52 Councilmember Dietz asked what is on the exterior. Councilmember Wilson stated it is stuccoed completely around the exterior. There was general discussion as to what the exterior finish is, from metal to stucco to wood. Councilmember Dietz commented the metal would have to be covered, either with stucco or some other substance. Councilmember Wilson stated some of them are flat on the outside already.They can put a requirement that they be painted the same color as the house. Councilmember Dietz commented if they are sticking with it being a metal building, the ordinance states 75% of the metal needs to be covered with an alternative substance. Councilmember Wilson stated they can make that requirement.One of the individuals here stated if he were required to do that, he would do it, too. Councilmember Barker stated those pictures should be going to code compliance. Councilmember Severs commented they are in a situation that is rare.They passed an ordinance in March limiting the size of a secondary structure, garage or storage shed on a property.The people put in violation were legal before and now they are not, or they had grandfathered rights.These containers have been illegal for 19 years.Most of them in the community are illegal.They have put the word out that the city is coming after them and they have to be removed.The city will find them and will give them a class one misdemeanor.They have the opportunity today to say these are legal but they have to come in and get a permit and REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 31 OF 52 abide by these rules.If they do not, then this is what the city is going to do.They are already illegal.They have not just been made illegal and there is no question of whether they were there before or after a certain date.He has not seen it that way very often with the rules they have passed.He thinks they are in a good situation.They have the new property maintenance standards and the teeth to enforce whatever stipulations they come up with. Councilmember Barker commented she would like to see a lot size limitation on this. She would prefer not to see these in housing developments. Although there are homeowner associations in most of the new developments that may or may not exclude these, we still have old neighborhoods that are part of developments that do not have homeowner associations to control them.She would prefer to see this on no less than an acre or 1.25 acre lots, whichever is the wisest place to put it.Secondly, she thinks that this ordinance would give people the opportunity to clean up their mess; it will not guarantee they will do that.They cannot just put a picture up and say this will clean it up.It will not. The people have to do that, and it is important to realize they will still have properties like that. Councilmember Wilson stated this gives them another tool to do that. Councilmember Barker agreed, but there were tools to begin with, whether we liked them or not, that were not used.She would also like to see a limitation in numbers.They saw a property last night with 7 sheds and they had enough room to put a cargo container or 2 or 3 and still meet the setbacks on their property. Councilmember Serdy stated he is a big proponent of personal property rights.He asked if they could simply write it that any area that is zoned for horses could have these.Then they could not have it in the housing developments.He asked how small a property can be for them to have a horse on it. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 32 OF 52 Councilmember Wilson stated there are some properties that are only a half acre that can have horses. Councilmember Serdy stated if they have a half acre and have horses and need one of these, they should be allowed to have it also.Anything zoned for horses can have one.It would be a simpler way to write it. Mayor Insalaco asked ifthere are horses on.half acres. Councilmember Wilson stated he was told by,Rudy Esquivias that there are. Councilmember Barker stated •she would prefer to keep it up to an acre. Mayor Insalaco asked if:they . have any in this city that are a half acre. Senior Planner Rudy Esquivias stated they do.There are grandfathered neighborhoods that were zoned GR by the county years ago that are less than an acre or 1.25 acres.Those properties would permit horse privileges. Mayor Insalaco stated they were grandfathered.i Vice Mayor Eck commented the current policy is 1.25 acre minimum. Senior Planner Rudy Esquivias stated that is generally speaking, except for in the. GR zone. The way the GR zone is written, it lists all of the uses permitted outright without necessarily relating to those uses to minimum lot size.The longstanding interpretation has been that any property that is zoned GR could have horses despite the fact that it might be 1.25 acres. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 33 OF 52 Councilmember-Dietz.asked if that was even if someone has a 10,000,sq.-ft. or 15,000 sq.ft. lot in a shotgun subdivision. Senior Planner Rudy.Esquivias stated a couple of neighborhoods come to mind with one having half acre lots and another having some with 11,000 sq,ft. Councilmember Severs commented Tess lives on an area that.is-only a third of an acre. She could put 7 ,sheds across the back of her property withno problem.He asked if she would be:able to replace 7 legal:sheds with a storage container and have the possibility of it looking better and being stronger just -because of the size of her lot. It is a huge backyard. Councilmember. Barker commented in her mind it is just the way this seems to be panning out at this point.It seems that if they do not put a lot limitation on this, they will get to the point where they will have innumerable storage. containers that may or may not have a facade on them.They are saying they must, but for the past 20 some odd years they have been saying they cannot have them, yet they have them.They have .to --look at the fact that it is going to happen.She thinks that by putting a lot size on it they are at least protecting some of it. Councilmember Dietz commented and by having to get a permit that states they Will have to cover 75% or whatever is decided upon. Councilmember. Barker commented she still thinks they will have a tremendous enforcement problem here. Councilmember Dietz commented code compliance could then cite them if they did not. Councilmember Barker commented they talked last night about giving the inspector a REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,-.2007 PAGE 34 OF52 certain number of days within which they had to go out and inspect it.It had to be done or well on its way. Councilmember Severs stated the basic permit process is to apply for the permit and once it is issued there is a 30 day or 90 day time period wherein they would have to put it there and do their façade.They would then come out and inspect it.If they come out and inspect it and it is not done, then they either get a notice to remove it, get it out, or they get fined. Councilmember Barker stated if this ordinance is passed, she hopes the council is ready for code compliance to ask for more positions next year.We need them now and we will need them a lot more then.They may want to start working them into their budget right now. Councilmember Severs commented the council needs to start working them into their budget right now. Councilmember Wilson commented there was an individual who talked about putting his motorcycle into his.He lives on a half acre.That is what he uses it for, to secure his personal property.A Tuff Shed will not work in this case.His pride and joy is his motorcycle and all his tools. Councilmember Barker stated she still thinks they need a lot size minimum. Mayor Insalaco agreed.They are willing to bend to a certain point. Councilmember Serdy commented but if they can help their citizens, it is for them. Vice Mayor Eck commented unless he can do it by percentage of lot coverage. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 35 OF 52 Councilmember Dietz stated it would be too much. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Wilson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE USE OF CARGO CONTAINERS:ON GR AND R1-43 ZONED LOTS OVER 20,000 SQ.FT. WITHIN THE CITY LIMITS; THAT CITY STAFF WILL ALSO ADD THIS TO MAINTENANCE STANDARDS TO INCLUDE SETBACKS, FACADES, AND CONDITION OF THE UNIT. Councilmember Serdy SECONDED THE MOTION. VOTE:4-3 (Mayor Insalaco and Councilmembers Barker and Dietz voted in opposition.) The motion carried. Councilmember Severs asked if an additional motion could be made on another portion of this. City Attorney Joel Stern stated he legally can if the council wants to. Councilmember Severs asked if they need to discuss it first or just present the motion. City Attorney Joel Stern the mayor can reopen the last item. Mayor Insalaco reopened the last item. Councilmember Severs commented he would like to present a motion regarding the few people that already have these and are being prosecuted or REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 36 OF 52 almost to that point.He would like to give them an extension until this is worked out to see where they are going with this. City Attorney Joel Stern stated it appears he is asking for a temporary repeal of the ordinance. Councilmember Severs stated he is asking for an extension. City Clerk Kathleen Connelly stated he is asking for an extension of the time frame which she believes is not unusual anyway. City Attorney Joel Stern stated if it is administrative, it is already being done.He knows that a bunch of the people from the 39 have been given extensions already. City Clerk Kathleen Connelly stated there are some that have asked for and been given extensions. Councilmember Severs commented there are some that may come back before this comes back to us.He asked if they would be prosecuted. City Attorney Joel Stern stated they probably will if this is already in the works.It is in violation of the current law. Councilmember Severs stated he is asking for a motion that would give those people an extension until this comes back to council for a change. Councilmember Dietz commented this was just for direction. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 37 OF 52 Councilmember Barker commented they may not have an ordinance for months and months and months. Councilmember Severs stated they may have one in two weeks. City Attorney Joel Stern stated there is no direction to bring it back for a date certain.They have seen it in the press_and some citizens have said .it, but that is not true.There is noJiate certain for that ordinance to come back. Councilmember Severs stated they need to do that. City Attorney Joel Stern stated that wouldibe another consideration for the council if he would like to bring it back quickly.One draft is ready, he is working on the second.Mr. Esquivias wrote the first one and then they had a committee workon it.That was for the original direction-.They would have to incorporate this. CouncilmemberSevers asked how long it would take him to get it back. City Attorney Joel Stern stated it dependson what the council wants.It is a difficult ordinance-for ,them'to draft to get everything the way everyone wants in the preciseway.It may not be perfect when you see it due to differing opinions as to what should have been put in it despite the direction; Councilmember Severs asked if would be reasonable to ask for it to be back in 30 days. City Attorney Joel Stern stated he believes so. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 38 OF 52 Councilmember Severs asked if it would be reasonable -for another 30 days -if there were corrections. City Attorney Joel Stern stated that it would. Councilmember Severs asked if they could give these -people a 90 day. 'extension. City Attorney.Joel Stern stated legally they are in violation of the law but if it is -an administrative continuance, the manager should be directed to do it. Councilmember Severs asked if they could to it. City Manager George Hoffman stated if he:has:4 councilmembers who would desire that we focus our code -enforcement efforts in areas -other than cargo containers for the next 90 days, he would be happy to' follow that expression of -policy interest. Councilmember. Severs MOVED THAT OUR CODE ENFORCEMENT OFFICERS DIRECT THEIR FOCUS ON OTHER ITEMS FOR THE_NEXT .90 DAYS. what he meant by other items. OTHER THAN CARGO CONTAINERS. THE MOTION.. VOTE:Unanimous The motion carried. Councilmember Dietz asked Councilmember Severs STATED Councilmember Serdy SECONDED REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 39 OF 52 Councilmember Barker commented they are going to reward illegality is what he is saying.They can have something illegal, if it were not him and somebody else, he would feel that way.She will vote yes for the sheer reason that she feels most of this council will go that way and she does not see this as a windmill worth tilting. DOWNTOWN VISIONING DISCUSSION )City Manager George Hoffman briefed the council on the item.He stated council indicated during their retreat that they wanted to focus on downtown.They did not want it on a normal council agenda, preferring to have a time where they could only focus on that. This item is for them to pick a time, if they still desire, to get together and talk about focusing on downtown.He asked if Main Street would be talking about the downtown also in their overview. City Clerk Kathleen Connelly stated that is correct and it is next Tuesday evening, August 14 at 6 p.m. Councilmember Dietz asked if they would get reminder phone calls for that. City Clerk Kathleen Connelly stated they would. City Manager George Hoffman asked if they wanted to have some time set aside for that or should they work it into the normal agenda. Councilmember Severs commented he thinks they should go to this one first to see what they can learn from that and then come back and reevaluate whether they need to or not. There was general discussion by the council in agreement with the suggestion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 40 OF 52 Councilmember Dietz commented it is also a good idea to set aside a few hours to specifically focus on it, after they see what they can pick up next week.He MOVED TO BRING THIS BACK AT THE NEXT MEETING AND MAKE A DECISION ON A TIME AND PLACE THEN. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. UNDERGROUNDING OF UTILITIES )City Manager George Hoffman briefed the council on the item.He stated this is for council to consider direction to staff on amending or eliminating the ordinance concerning the undergrounding of utilities, including the requirements that lines be undergrounded south of the freeway. Councilmember Dietz stated he would like to see them undergrounded in the downtown area also, when it gets developed.They have done Phelps and they have Idaho coming in to the downtown core. Assistant City Manager Bryant Powell stated like the Crossroads Redevelopment Area. Councilmember Dietz commented just the specific downtown area there, not necessarily down the Trail. Councilmember Severs asked if they decide to designate an area like the "Y" or whatever that we absolutely must have undergrounded, would there be a funding mechanism that they can use to do that. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 41 OF 52 City Manager George Hoffman stated he assumes he means in addition to the provision of undergrounding by the developer. Councilmember Dietz asked if there were any way that they can get development fees earmarked for this as part of the roads.They only get so much from Salt River Project a year. City Manager George Hoffman stated the Salt River Project funding could conceivably do what they did with the Phelps Drive project.That was just tax incentive fund money. Councilmember Dietz commented they could at least help partner or split the cost.Whatever they can do to help who develops in the downtown area. Councilmember Severs stated the problem is they have an ordinance that states this is what they have to do but we do not know where that area is going to be defined yet. Councilmember Dietz commented that is what they are talking about now. Councilmember Severs stated he wished that they could find alternative funding for this instead of putting it on the developer, especially right now when they do not even know who the developers may be. City Manager George Hoffman commented they could require it in the downtown.They did a comprehensive study on the federally patented easements that these are the roads they would need in the long run.One thought would be to do a process analogous to that.Therej_s-an area that already has a quarter mile undergrounded, then another Tert standing, and then another part undergrounded.They might want to say that they eventually want that one eighth of the mile that is standing to be undergrounded.They could do a REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 42 OF 52 survey of the community and look.for -places ;where there are substantial parts undergrounded and needs to have the. contiguous parts undergrounded:It would be a common sense notion. Vice -Mayor Eck commented that is a good idea. Mayor Insalaco agreed.On the other hand, they do not want: to have a line of poles there and say for this development they.have to take two down, and that is what washappening before. Councilmember Severs stated San Marcos and Broadway was a. perfect example of the fact the ordinance does not work the way it is written. Councilmember Dietz commented it does not work with Sean's problem at Broadway.The poles are at the back of the property, they:are someone else's poles and they talk to Salt River Project and are told they cannot do that.The city is holding upa permit for the project because of that.The.project is ready to -go..The permit is on the desk and they: are ready for a business -to go in that they areholding up sales tax revenue for. City Manager George Hoffman stated he had told Sean that -tb.ey.would like to get the money rolling.He asked if there is anything they can do with this motion so that they can get that car dealership going. City Attorney Joel Stern stated he is hearing some councilmembers say they want to repeal the ordinance.It applies to all areas of the city except for the Crossroads Redevelopment Area and anything south of the freeway. Councilmember Dietz commented that is basically it.Once they do:a study, they may see that there are.places in the Crossroads Redevelopment Area that do not need to :be undergroundeci. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 43 OF 52 Councilmember Severs suggested the ordinance be rewritten to exclude undergrounding of any existing power lines by developers, that all future development have all power lines underground, and that all new development be underground and there be no new overhead power lines. Councilmember Dietz stated he did not like -that. Councilmember Severs stated: that would be for this point in time and then they would do a study to see where they do want them. Vice Mayor Eck stated they already have an agreement that they have to follow through on. Councilmember Barker asked if they could give direction to staff to do the survey. Councilmember Dietz commented they could determine what areas in the Crossroads would need it. They alreadylmow that everything.south,of the freeway -will:be. undergrounded. City Manager George Hoffman asked if they also wanted to look at other places in the community. Councilmember Dietz commented if there are specific areas. Councilmember Barker suggested:major arterials. City Manager George Hoffman stated he wasthinking of the stretch south of where the QuikTrip is going; all the way south .to at least Broadway is undergrounded.If they think about ever trying to connect the' REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 44 OF 52 south end of town with downtown, the Idaho corridor might be the corridor they want to make look really good. Councilmember Dietz commented it would be Idaho and also up toward the lakes. City Manager George Hoffman asked if they would want to consider Idaho. Councilmember Barker suggested all the major arterials. City Manager George Hoffman stated that is a much broader criteria. Councilmember Barker stated it could be Ironwood, Idaho, and the Trail. City Manager George Hoffman commented staff has heard council's discussion.Staff could go out and see if there are some natural priority points, possibly 2 to 4 in the community, that they might come back and recommend because there is a long stretch already undergrounded or because it would be a corridor of key importance and they should bite the bullet on it.Or it could be the downtown. Councilmember Severs asked who would be biting the bullet. City Manager George Hoffman stated they could talk about that.It could be a shared bullet- biting. Councilmember Severs commented he was thinking that if a small business would like to come in and though they are small, they are important to us. They cannot afford it and we are right back to the same situation we are in right now. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 45 OF 52 Vice Mayor Eck commented that is why we are discussing it. Councilmember Dietz commented he is saying that they should just make it a blanket statement that there would be no more undergrounding. Councilmember Severs stated it would be no more undergrounding of existing power lines by the developers. Vice Mayor Eck asked how they would do the survey and get relief for the business that is trying to go in and is being held up because of this. Councilmember Dietz commented it will have to come before the council anyway. City Attorney Joel Stern stated that is correct.The procedure of the current ordinance is to come before the council for a waiver. Vice Mayor Eck asked if they could put it on the agenda in two weeks. Councilmember Dietz commented they can eliminate it at that time. City Attorney Joel Stern stated he does not know if an application has been made.The city council may waive or modify the requirements of this section if the strict enforcement of the article would constitute an undue hardship.They would file an application to have it placed before the council.They would be appealing the decision of the develop services department.The manager could then be directed to bring it back at the next meeting. Councilmember Dietz asked if it could be done back to back on August 20 and August 21. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 46 OF 52 City Attorney Joel Stern stated they can if they direct the city manager to do that, but it does not repeal the ordinance. Councilmember Dietz commented he understands that. City Clerk Kathleen Connelly stated the individual case that is being discussed is not on tonight's agenda. " City Attorney Joel Stern stated that is correct. Councilmember Severs asked if they did it similar to what he said, directing staff so that this portion is no longer in the ordinance, would this even apply to them anymore. City Attorney Joel Stern stated that has not been decided or passed yet.It has not been amended yet. City Clerk Kathleen Connelly stated the presumption is that it would be approved and nobody knows that. City Attorney Joel Stern stated that is correct.They can direct the city manager to place the application on the agenda. Councilmember Barker stated following the meeting he can do whatever he wants, but he cannot place it on tonight's agenda. City Manager George Hoffman stated assuming the receipt of said application. Councilmember Barker stated she would hate to cut a piece out of an ordinance arbitrarily REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 47 OF 52 before we see how cutting that out will affect other areas.It. is not going to.impact one small place.It will have: cause and ' effect.Rather than just directing staff to cut that outat this point, have them look into it first. Councilmember Severs commented he wanted to cut out the portion that we know already does not work until we do the. research and find out how to make it work. COuncilmember Barker asked if he wanted:to temporarily cut it out:. Councilmember Severs -commented .until.it::is,xedone. Councilmember Barker,stated: :she doesnot.think they want to temporarily cut itout:. Mayor Insalaco and - Councilmemb•er :Dietz agreed. •:Planning Manager Fred Baker stated they,have no application or request for building:permit on the particular :project unless:it:,:came in today."They have -discussed:preliminary concerns about the power lines and:site: plan, but.no formal project is ih-thecity.The way the:. ordinance i6.:written, they wbuld:have ,to have a formal project. in order ,toHappeal the requirement for undergrounding •,COuncilmember Barker stated :she has been:hearing people say, they would like to know -where the spots are:in:the city.current1T.that would benefit from the undergrounding She also.hearsthat everything to the -south -of the freeway-and:all new develOpment:.would have to underground: from the.get:go.. Councilmember Severs asked if there are power lines south of the freeway already. REGULAR -MEETING OF 'THE CITY COUNCIL AUGUST 7, .2007*• PAGE' LIS OF 52, CouncilmemberBarkenstated: _there are someHinHbits and pieces, but shethinks most of them are close to -the freeway;There-are:not tJap ,many beyond that point. CoUncilmember:SeverS,aked:: when this gets-.iinvestigated wiII -theylnake them go awaTonisit .any future power,lines. Councilmetber Barkenstated that would be something they wOuld.decide.fter-thertell us what it looks like Mayor Insalaco asked if Can work this onaHcase,by case,basisuntil "staff gets this figured out. Assistant City Manager Bryant Powell asked what he meant by case by case. Mayor Insalaco stated when a developer comes .up and he needs to have this.He asked if they can waive those and keep working.He does not want to rush this and change the ordinance until they know what they are doing. City Attorney Joel Stern commented he thinks he is saying they are going to comply with Ordinance No. 1197 which means they will be put on the agenda for the mayor and council to consider any waiver. Mayor Insalaco stated -that is -correct He asked dt that would'work City Attorney Joel Stern -Stated it would- Councilmembers Barker-Hand' Severs stated that :is what theThAve.lpeen doing 'REGULARMEETING.OF THE CITY COUNCIL AUGUST 7, 2007 , :PAGE L19 0E-52 Mayor Insalaco stated he does not want to go cutting, slicing and dicing. Councilmember Dietz commented they will do the study first, and then they will take a look at everything and decide what they want to do with the ordinance. City Attorney Joel Stern stated they may want to direct the city manager to have study conducted and bring it back at the most available time. Councilmember Barker stated to make that the soonestavailable time. City Clerk Kathleen Connelly stated they may also want to roll this into their downtown visioning exercise and look at it as development incentives-. Councilmembers Dietz and Barker commented that was a good idea. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT WE WOULD LIKE A STUDY DONE ON THE _EXISTING PORTION OF THE COMMUNITY TO THOSE AREAS THAT THE CITY MANAGER WAS REFERRING TO. Councilmember Dietz requested they add the downtown incentive visioning south of the freeway and all that good stuff. Councilmember Barker AMENDED THE MOTION TO ADD AND THE DOWNTOWN INCENTIVE VISIONING SOUTH OF THE FREEWAY AND ALL THAT GOOD STUFF. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 50 OF 52 The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 20, 2007, 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, AUGUST 21, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:55 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of July 9, 2007. 3. AcceptanceHof Minutes of Regular Meeting of July 17, 2007. 4. Appointment of Magistrates Pro Tern and.Deputy City Magistrate, 5. Consideration of Employment Agreements for City Magistrate, City Attorney and City Manager. 6. Resolution No. 07-28, Abandonment of Winchester Road, South of 29th Avenue. 7.Resolution No. 07-27, authorizing the City to submit an Edward Byrne Memorial Justice Assistance Grant (JAG) application. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 51 OF 52 8. Resolution No. 07-23, authorizing the City to submit a Gila River Indian Community State Shared Revenue Program Grant Application. 9. Ratification of Expenditures to Arizona Tactical Firearms, LLC, ASAP Software, Inc.,_and Dell Marketing, LLC. 10. Resolution No. 07-26, authorizing the City to enter into and execute an intergovernmental agreement with members of the Pinal County Law Enforcement Association. ACCEPTED THIS 21ST DAY OF AUGUST, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF AUGUST, 2007. ATTEST: KATHLEEN CONNELLY City Clerk 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 7th day of August, 2007.I further certify that the meeting was duly called and held .and that a quorum was present. Dated this 15th day of August, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2007 PAGE 52 OF 52-