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HomeMy WebLinkAbout2007-11-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 6, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 6, 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 7:01 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Development Svcs. Director Brad Steinke Planning Manager Fred Baker Business Advocate Janine Hanna-Solley Senior Planner Rudy Esquivias Assistant Planner Todd Kennedy REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 1 OF 36 Captain Tom Kelly ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR AMENDMENTS TO THE PARKS AND RECREATION MASTER PLAN AS APPROVED BY THE PARKS AND RECREATION COMMISSION AT THEIR OCTOBER 3, 2007 MEETING; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN J2 ENGINEERING AND ENVIRONMENTAL DESIGN AND THE CITY OF APACHE JUNCTION FOR PROJECT NO. PR -07-08, THE DESIGN OF AN OFF- LEASH DOG AREA AT PROSPECTOR PARK TO A BID/CONSTRUCTION READY POSITION IN AN AMOUNT NOT TO EXCEED $70,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 07-43, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROMOTING THE USE OF THE UNITED STATES GREEN BUILDING COUNCIL'S LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN ("LEED") GREEN BUILDING RATING SYSTEM STANDARDS FOR CITY -OWNED AND CITY -OPERATED BUILDINGS BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT NO. PW-2007-14, CHIP SEAL EMULSIONS, BE AWARDED TO CACTUS TRANSPORT, INC. IN THE AMOUNT OF $1.79 PER GALLON; AND THAT THE AWARD OF BID FOR PROJECT NO. PW-2007-15, PRE -COATED CHIPS, BE AWARDED TO CACTUS TRANSPORT, INC. IN THE AMOUNT OF $53.25 PER TON; AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $18,000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY -APACHE JUNCTION BRANCH IN THE AMOUNT OF $20,000; COMMUNITY ACTION HUMAN RESOURCES AGENCY IN THE AMOUNT OF $8,000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $12,000; EAST VALLEY SENIOR SERVICES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30,000; AND SUPERSTITION MOUNTAIN MENTAL HEALTH IN THE AMOUNT OF $12,000; FOR A TOTAL REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 2 OF 36 AMOUNT OF $100,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council in support of Chief Walp. Mr. David Jacokes, 1265 N. Tomahawk Road, Apache Junction, addressed the council in support of Chief Walp. Mr. Mathias Conant, 460 E. Osage, Apache Junction, addressed the council regarding the new sports fields going in at Silly Mountain. Mrs. Lillian Brown, 1615 N. Delaware #88, Apache Junction, addressed the council in support of Chief Walp. Ms. Jennifer Mattingly, 1833 E. Ebony Place, Chandler, addressed the council regarding the Christian evangelist event at the skate park last Saturday. Mr. Bob Rosencranse, 4841 N. Cactus Road, Apache Junction, addressed the council regarding a temporary extension of premises on his liquor license for a special event in December. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, Greater Apache Junction Association for Effective Government, addressed the council regarding the police chief and professional regulation review boards. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 3 OF 36 Mr. Marcus Mattingly, 1833 E. Ebony Place, Chandler, addressed the council regarding the Christian evangelist event at the skate park last Saturday. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a trailer on her property that needs to be moved and the cost for a waiver application. Mr. Don Snyder, 1210 W. 15th Avenue, Apache Junction, addressed the council in support of Chief Walp. Mr. Tony Trunkel, 2101 S. Meridian #346, Apache Junction, addressed the council in support of Chief Walp. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council in support of Chief Walp. Mrs. Tish Bowling, 205 N. 74th Street, Mesa, addressed the council regarding the evangelist team at the skate park and the problems they had with the police. Mr. Jeremy Bowling, 205 N. 74th Street, Mesa, addressed the council regarding the evangelist team at the skate park and the problems they had with the police. Ms. Chris Reid, 125 W. Ruggles, Florence, addressed the council in support of Chief Walp. Mr. Tom Francois, 1530 S. Starr, Apache Junction, addressed the council in support of Chief Walp. Mr. Dennis Lease, 4964 E. Southern Avenue, Apache Junction, addressed the council in support of the city manager's decision on Chief Walp. Mrs. Kathleen Waldron, 707 E. Mesquite, Apache Junction, addressed the council in support of Chief Walp. Mr. Duane Buell, 612 E. Desert Avenue, Apache Junction, addressed the council regarding the perception of Apache Junction in other areas of the state. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 4 OF 36 Ms. Evie Mangano, 4286 S. Strongbox Road, Gold Canyon, addressed the council in support of Chief Walp. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council in support of Chief Walp. Mr. Larry Williams, 563 E. 10th Avenue, Apache Junction, addressed the council regarding the multi -purpose uses of the baseball, softball and football fields at Silly Mountain and chastised other speakers on their backlash of city officials. Ms. Laurie Casarez, 6694 S. Sipapu Court, Gold Canyon, addressed the council in support of the sports complex at Silly Mountain. Mr. Jeff Jeter, 10944 E. Forge Avenue, Mesa, addressed the council in support of Chief Walp. Mr. Mike Weller, 471 W. 21st Avenue, Apache Junction, addressed the council in support of any decision by the city council and staff regarding Chief Walp. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council to urge the council to make the decision on Chief Walp in the best interest of the city. Mrs. Christa Rizzi, 1755 S. Sombrero Road, Apache Junction, addressed the council in support of Chief Walp. Ms. Robin Herrera, 534 S. Desert View Drive, Apache Junction, addressed the council in support of the youth sports complex at Silly Mountain. Mrs. Sandie Smith, Pinal County Supervisor, 575 N. Idaho Road, Apache Junction, addressed the council regarding the Pinal County Open Space and Trails Master Plan. Councilmember Barker directed staff to clarify the evangelists' rights for the police officers, explain the bottom line options to the Rosencranses, and give the bottom line on the trailer to the Mrs. Flynn and tell her exactly what she needs to do. Vice Mayor Eck suggested someone with the youth sports complex contact the Parks and Recreation Commission, go to the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 5 OF 36 commission meetings so that they can work more in conjunction with the parks and recreation program, and explained his "no comment" remark on Chief Walp as the one thing he has learned is that when they are dealing with personnel issues, the best thing to be said is no comment.He takes his position as vice mayor seriously.He commented the council did not start the headlines and ugliness, it was started by the headlines in the newspaper. Then retaliation starts, and it radiates and grows.He would like to see this succeed.When he came here in 1996, the police department budget was $3 million; this year it was raised to $9 million.It has tripled.They have put a lot of what they could do into the resources.If the chief asked for things for projects, they tried to provide them, and they normally did. This year they went to another extent as the position of police officer and in -line sergeants were given an additional increase over the rest of the organization to try to make our police officers more competitive with the market, allowing them to hire qualified police officers as laterals.They did not want to have upset current officers leave because of laterals being hired at a higher rate of pay, which could make the current officers leave.That is what happens; it is not from management, but from the fact that they can make more money elsewhere.They have worked hard to make a good, quality police department, and his goal is to continue with those efforts. Councilmember Serdy commented it is great to see the baseball and football people at the meeting.They are the future of the town.Going through the political process will be real educational for them.He advised them there would be a meeting at 6 p.m. tomorrow night at the old city hall to discuss what was to be done at Silly Mountain.They need to get their input on it.He is sure the council is behind it, but they have to get the funding.They could get the Cardinals and the Diamondbacks behind them with their grants, and the city has a grant specialist they can talk to that can look into that. Councilmember Wilson directed staff to make an special effort to resolve the issue with the trailer within a short period of time or send a letter telling the Flynns what they need to do.He agrees that she cannot put it in their backyard because of the hill. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 6 OF 36 Councilmember Severs commented he is tired of finding out that when they go to fix one ordinance and try to take something out that it is hidden somewhere else and is still in the code.He suggested they change the law so that a trailer should be in a backyard where possible; it needs to be looked at case by case. He added that he had seen more families at Prospector Park this past weekend than he had in a long time, and thanked Mike Weller for his comments on people being afraid to stand up and speak against people, as he knows of people in the audience that are afraid to speak up against the city staff and city council for fear that the council will be all over them.He asked if the council should all be gotten rid of or all of staff.He stated they should not, but they need to look at what is best for the community and public safety.He does not feel they need to get rid of the police chief and put themselves in a situation where they have no command staff and they are shorthanded again.That is poor planning and it puts the community in danger.He has been getting a lot of calls because people know that he is out there, will listen and will say it the way it is.What saddens him the most is that he has been getting calls that everything he is doing must be for his personal gain and benefit.He allegedly is fighting for the cargo containers because he wants to build them.He is allegedly fighting for the chief of police because there is something in it for him.He is tired of hearing that.He asked if it is hard for someone to believe that he is fighting for what is right and what he believes in, and fighting for the people in this nation.That is what he is fighting for.He heard yesterday that someone complained in New York City and they had to take all the Christmas trees, Santas and other Christmas decorations down in Macy's because someone was offended.The store agreed to it.The country is going to wake up someday and find out that their rights have been given away, and it has got to stop. Councilmember Dietz commented he wanted to encourage the people with the sports complex to contact the Parks and Recreation Department and hook bp with them on the planning and everything. Mayor Insalaco called for a short break. Mayor Insalaco reconvened the meeting. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 7 OF 36 None. CITY MANAGER'S REPORT City Manager George Hoffman stated the input on Silly Mountain is being taken by the Parks and Recreation Commission tomorrow at 6 p.m.It is also being received on December 5 at the same time and location.Anyone can call parks and recreation staff during office hours with input, also.The process is they will receive community input, staff will work on some options, and eventually it will come to the parks and recreation commission who will recommend something to the city council.A plan will then be adopted for Silly Mountain.Council has identified a need for a Capital Facilities Plan II.We are at the end of a ten-year one now.This council will develop a new capital facilities plan and they will need to think about streets, flood control, animal control facilities and park improvements.He can envision the Silly Mountain plan as part of the new capital facilities plan. PUBLIC HEARINGS RESOLUTION NO. 07-25, DECLARING APACHE JUNCTION CITY CODE CHAPTER 9 NATIVE PLANT PRESERVATION A PUBLIC RECORD; ORDINANCE NO. 1301, ADOPTING APACHE JUNCTION CITY CODE CHAPTER 9 NATIVE PLANT PRESERVATION BY REFERENCE )Planning Manager Fred Baker briefed the council on the item.He stated the planning commission had a work session and public hearing and made a recommendation to the council on the issue.There have been several public hearings and work sessions with the city council. Council directed staff to simplify the ordinance and make it more readable and workable, and to include comments from the public.Verbiage has been changed to make it clearer and more grammatically correct.A new version has been given to them and they have received additional comments after this version was made.Staff felt those comments were important so they handed them out.All developments requesting an entitlement are applicable in this ordinance.A native plant plan prepared by a certified landscape professional is required.Mitigation REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 8 OF 36 includes transplant/salvage of native plants.If a plant does not survive, a one-to-one replacement is required.Site inspection will occur at grading and at final project acceptance.The word "protected" has been used throughout the document in front of "native plants".Suggested wording changes that they have received over time have been inserted or deleted. Typographical errors have been corrected.They have deleted the provision that the ordinance does not apply to residential lots of an 1.25 acre or less, and they have deleted a provision that says it applies to all development.It will be a possible issue that he has an alternative for.Right now the ordinance will apply only to entitlement projects:a rezoning, a planned development, a planned development amendment, a conditional use permit, or a preliminary plat.The maximum fine is $1,000 per plant and they have deleted all of the plants in the back except for palo verde that are more than 4" caliper and foothill that are more than 4" caliper. Vice Mayor Eck asked if it would pertain to someone splitting a 5 acre parcel to one 2.5 acre and two 1.25 acre in General Rural. Planning Manager Fred Baker stated that is correct.A subdivision would require a native plant preservation plan, a lot split would not.An individual that had a custom home on a 1.25 acre lot would not have the ordinance apply if the lot is already zoned correctly and he is only coming in for a building permit.He does have an option that would cover that if the council desired. Vice Mayor Eck requested he present that option now. Planning Manager Fred Baker stated it would be under Applicability, Section 9.0102, and it would go right below where it says "this ordinance applies to only entitlement projects" and the entitlement projects are listed.It would read for properties with existing zoning allowing single family construction, residential building plans are required to have an approved native plant plan per Section 9.0104, which is 3 acres or less, which means they would have a site plan and take pictures of the protected plants that may be disturbed before they are issued a building permit.For REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 9 OF 36 properties with existing zoning allowing single family construction, the native plant plan will only apply to the grading footprint or building footprint.There has been a concern about lots of 1.25 acre in size that the cost to do an engineered survey of where the lot lines are would be rather expensive.The low end would be $500, the high end would be $3,000 to $4,000.In order to preserve plants that may be affected by construction, they are proposing that only the grading footprint would be part of the ordinance.When they get a custom home and driveway being built, they know where the construction area is.They will want a picture of the plants that will be disturbed by the building of the home and driveway. They will want to know if they will be transplanted on site, ask the state to destroy them, or ask the state for a permit to sell them.They will also have the same situation with existing zoning for commercial properties.In this case it would be added to the checklist as part of the preliminary development plan.If there is an existing commercial property where someone wants to build, the city would require the full survey of 3 acres or more.If it is a small project of 3 acres or less, they are back to the building footprint.The key concern was how they would handle all of the General Rural and R1-43 lots in the northern part of the city.This is an attempt to solve the issue. Vice Mayor Eck commented it is a very simplified solution.If someone has their 5 acres and does a 3 -lot split, they would still have to use the footprint method before a building permit would be issued. Planning Manager Fred Baker stated that is correct.The lot split can be done, but the provision applies once they come in for a building permit. Vice Mayor Eck asked in what way. Planning Manager Fred Baker stated it would only be for the building footprint and grading footprint.If they are going to be disturbing the natural earth by grading for a driveway, whether dirt or an improved driveway, a garage, a guest unit, accessory structure, a homesite, they will want to know what plants are on that site and what will be REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 10 OF 36 done with them.Most people will probably try to save the native plant and transplant it on site. Mayor Insalaco commented on Roosevelt between Thunderbird and Valley, on approximately 5 acres of vacant property, someone starting cutting the trees down.He thought they were trimming them down and taking the brush away.Last Saturday they dug up everything; it is a vacant piece of ground now.There were 17 trees that they took out. Vice Mayor Eck commented they are building Cobb's next door so the property is much more available without the 17 trees so they just cut them all down to the ground. Mayor Insalaco commented they dug them all up last Saturday.There was only palo verde on the lot. Vice Mayor Eck commented there was some mesquite, also. Mayor Insalaco commented there were no saguaros or other cacti.He asked if they got a grading permit for it. Planning Manager Fred Baker commented they did not get a grading permit for that. Mayor Insalaco asked if they would have to. Planning Manager Fred Baker commented they do not have a native plant plan to protect those plants. Vice Mayor Eck asked if they would need a grading permit. Planning Manager Fred Baker stated he did not know what kind of activity occurred on that property other than what the mayor has now told him. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 11 OF 36 Vice Mayor Eck asked if they graded or just cut the trees down. Mayor Insalaco commented they just cut the trees down and then dug them up the following week. Planning Manager Fred Baker stated he does not know if the trees would have fallen under the State protected native plants.If they do, then they may have a problem.Under our native plant plan, they would have to show us what they are going to do with the trees on site, sell them, or show that they are getting the state permit to sell or destroy them. Councilmember Wilson commented they could ask the state if they had filed the proper documents for what they are going to do. Planning Manager Fred Baker stated they can inquire on that. Mayor Insalaco commented he is curious about it because some of them were pretty nice trees. Vice Mayor Eck Commented he personally believes they were naive about it.He does not think they realized they probably had to get a permit to do it.He asked what the list now, has for the palo verde. Councilmember Barker stated it is 4" or larger. Vice Mayor Eck commented some of those trees were 4" or larger.He asked what it is for mesquite. Planning Manager Fred Baker stated it is the same, 4" or larger.Those are the older ones and the discussion at the last hearing seemed to have a council consensus of saving the older trees.A 4" tree is a large and old tree. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 12 OF 36 . Mayor Insalaco commented these were much bigger than 4". Councilmember Wilson asked how this would affect an established residence where the owner wanted to add an arena or garage afterward. Planning Manager Fred Baker stated they are not requiring a permit to do an accessory structure.If it is large enough, it will require a building permit.If they are disturbing any native soil where they are going to build or grade, they would be asked to do a survey of what native plants are on the footprint of the site and what is going to be done to preserve the plants. Councilmember Wilson asked if they would have to get a botanist to do it or could a private citizen come in with pictures of the native plants. Planning Manager Fred Baker stated they would accept pictures of the native plants.If there were some questions, they may need an arborist to do the job.It is much more expensive for a landscape architect to do the job.For an accessory structure or custom home they will accept the property owner's claim that it is a saguaro.They do know some other plants.If there is a dispute, they may need to hire an arborist if the city feels it is a protected plant and the arborist will have to show them that it is not.They will mostly rely on the applicant to protect those plants and take a picture of them. Vice Mayor Eck commented he believes it is very fair. Councilmember Dietz showed the council some pictures he had taken as a reminder of why he brought this item to the council, showing before and after, pictures of a certain property.Everything they are protecting was here, and it was all legal.There was a local nursery guy who went out, looked at the property and tagged what he wanted to take and then wrote on the bottom of the permit that all the saguaros were bad.It was legal and they could come down and grade it.The state does not have the manpower to come out, REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 13 OF 36 inspect and regulate it.It had been 5 acres of palo verdes, mesquite and saguaros.Now it is just dirt.They have gone back and forth on this thing long enough, it is time to get it done now so that they can hold on to what Apache Junction is about. Mayor Insalaco opened the public hearing on the item. Mr. Bob Esposito, 3942 N. Rain Cloud, Apache Junction, addressed the council.He thanked the council and staff for using the Business and Property Owners group as a resource for this issue.He thinks they have got a good ordinance that will accomplish what they want to accomplish with the native plants.He urged them to accept Fred's option because it makes it uniform and it stays within the spirit of protecting plants.Several speakers at previous meetings have said that if they have got plants that need to be protected and preserved on a half acre lot or acre lot, it should be no different than the plants that need to be preserved on a 10 acre lot.Fred's common sense approach makes it easier for that lot owner.If they have a permitted event, the bottom line is they are still preserving and protecting.His group is grateful to be part of the process. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated this is a prime example of the right job using communication, working things out and finding something they could all live with. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.He stated he is a resident of Arizona and appreciates the desert, but this is a private property issue.If he buys 1.25 acres, he would like to preserve the saguaro cacti, but if he would like to knock them down, dry them out and have a big bonfire to celebrate Thanksgiving, that should be his business.He thinks the founding fathers would be turning over in their graves if they knew what was going on here with the limits on what they can do on their property.He means no offense to anyone, but it is called neo-feudalism.One councilmember was worried about the view on a person's property; he asked if anyone has offered to REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 14 OF 36 pay that person's assessment.He pays his assessment and he should be allowed to do with his property as he sees fit, as long as he is not endangering a single soul. Mayor Insalaco closed the public hearing and reopened the item to council discussion. Vice Mayor Eck commented they are following a state law.It is not the city's cactus law, it is a version of the state law.They would have to go to a higher source to get that stopped.Our version is more proactive than the state's version. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 07-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 9 NATIVE PLANT PRESERVATION",BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT ORDINANCE NO. 1301 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. VOTE:Unanimous. The motion carried. read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 15 OF 36 Councilmember Barker SECONDED City Clerk Kathleen Connelly Councilmember Dietz MOVED THAT ORDINANCE NO. 1301, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT IT INCLUDE FRED'S ADDENDUM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1302, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9, ARTICLE 9-1, BY ADDING SECTION 9-1-5 CARGO CONTAINERS )City Attorney Joel Stern briefed the council on the item.He stated they have a redline version and clean version of Mr. Eck's motion.The clean version shows how the ordinance would look if Mr. Eck's motion had been passed.The redline version has the strikeouts and highlights.This is solely a council matter.There was a motion made to reconsider the matter, it passed and that is why they are here today. Mayor Insalaco opened the public hearing on the item. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.He stated they are citizens and as long as they are not causing harm to anyone they should be able to do as they please.He urged them to pass an ordinance that would have very limited restrictions on cargo containers.Lot size is irrelevant as long as it is on the property and not hindering the neighbors.Further micromanaging of the lives of citizens is tyrannical.He is not a businessman, but when you mix business with too much government you get corporate fascism.He did not think this was the Apache Junction way.The units should be safe and not cause health risks. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 16 OF 36 Ms. Pam Mosher stated they should be allowed for at least 1.25 acre and commercial properties.They are safe and protect your belongings.They are weatherproof.She. took a hazardous materials class and they did 1.5 days on methamphetamines and meth labs and the things they go into.She would like to have things protected.These look nice and can be aesthetically appealing to the community. They can be put on the property in such a way that they match everything.They are also rodent proof and theft proof.They can store their precious things.Those with horses can store tack.They make this community a better place.She urged them to pass the ordinance. Ms. Kathy Acton, 519 E. Southern, Apache Junction, addressed the council.She stated she and her husband have a small construction company at 18th Avenue and Tomahawk.Due to the size of their lot, the cargo containers offer them much needed storage and security for their tools and equipment.Their yard is organized and does not look like a trash heap.They are the most feasible way for them to store their equipment and make their property more productive. She requested they allow the 8' X 40' units.They have lived here for over 20 years and have had the business here for 9 years.They feel they are an asset to the community.These are very important to a small business. Mr. Rene Lesuitre, 5575 E. 20th Avenue, Apache Junction, addressed the council.He congratulated them on the plant ordinance and their working through the 2 or 3 issues.He requested they do the same with this ordinance.It is a needed item.He does not think it will be abused if it is controlled.Most people that have a use for them, that buy them or rent them, will use them professionally. They will not be an eyesore all over the community.He sees the benefits of some people having these. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated these are cheap, inexpensive ways to store materials.The building he is putting on his property will cost over $15,000. A lot of families cannot afford that.On the large acre lots, they have horses and everything else and they are raising kids. The corrugated sides of his steel building are 7.5" deep and are REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 17 OF 36 no way near the sides of the cargo containers which are 2.5" deep.If they want to dress them up, that is fine, but he thinks they should look at just painting them.They should not have to be covered on 3 sides or have stucco or facades as they look fine the way they are when they are painted real nice with aesthetically pleasing colors.They are forcing the people to put $5,000 to $6,000 onto a cargo container that will cost them $2,000. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated the plastic and fiberglass jobs that people can put in can diminish property value.He showed pictures of cargo containers.They could include pictures in the permit process to show what is allowed and how it is allowed.Fencing would maintain property value if it surrounds something like this.It would improve property value and it should be encouraged.He suggested giving an award once a year to people who do a good job on their accessory buildings.He believes the cargo containers are reasonable use and any court in the land will look at it that way.He encouraged them to look at this and work on it in the same way that the plant ordinance was done. It will then only be a matter of enforcement and what the people have done with their cargo containers. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. City Attorney Joel Stern stated on page 5 of 8 of the redline version, there is a space for how high the stem wall would be.He thinks the recommendation is 2', but he is not sure what Mr. Eck had in mind. Councilmember Severs stated if it is a 2' stem wall, they can buy the prefabricated 6' slat and they would have the 8' fence.It would be an inexpensive way of doing it.If they have to have a 3' or 4' wall, it would be a lot more expensive.They would have to cut their slats down. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 18 OF 36 City Attorney Joel Stern stated on page 6 of 8, to take care of the issue that Ordinance No. 1309 which did not pass addressed, whether this should be a building permit issue, was added in under number 9 that the building permit process would not apply to the cargo containers. He added that under number 3, they have been given some misinformation by Mr. Benoist.This is not a zoning ordinance; it is a property maintenance ordinance and is under a different section of the code.It is under Chapter 9 and none of the information given by Mr. Benoist applies. Councilmember Severs presented a picture of a storage container.He commented on a storage container that is over by the mayor's house that has been enhanced, and that it does look better than a boxcar. Mayor Insalaco stated he should talk to the neighbors behind the man. Councilmember Severs commented that is because they are looking at a different side that has not been enhanced.If it was painted all the way around, it would be a way to make it look better.He showed additional pictures of storage containers and legal structures. He was trying to understand why certain things were legal and others were not.They have come up with a lot of stipulations that they have not all agreed to yet.He suggested they simplify and just go back to making them match the house.If a house has aluminum siding, it should be wrapped with aluminum siding.If he wanted one, which he does not, and he does not have them, does not sell them nor does he build them or have a business to enhance them, it would have to be stuccoed and painted to match his house.They do not need a building permit to put stucco on it.He showed one final picture and stated he did not know how large the lot is but they must need it.It did not look like it was even a half acre lot. Mayor Insalaco stated it is a very small lot. Vice Mayor Eck commented it is a 7,000 sq.ft. lot. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 19 OF 36 Mayor Insalaco commented it has electric to it so it is illegal. Councilmember Severs commented that is an issue that would have to be addressed. They are at a situation they have never been in before.When the passed the ordinance in March that made large structures, garages, secondary structures and horse barns illegal on a lot of properties because they are bigger than 75% of the square footage of the house, it is not the same as this.The people who already had them and are already using them will have to be grandfathered in or an exception will have to be made to the new rule.Everybody that has these already, with the exception of 3, are illegal.They have an opportunity to say they have to get a permit, do certain things, go through an inspection process and have it aesthetically pleasing or they have to get rid of it.They do not have that option with most of the other rules that they pass because they are grandfathered in.No matter how you look at these, they are illegal.If they can find a way to make them aesthetically pleasing, then they have the option.He agrees with what they did on the plant ordinance tonight.It took a lot of work from staff and the council and they finally came up with something that is wonderful.He thanked Councilmember Dietz and stated he would like to do the same thing with this ordinance; to bring it back after simplifying it and making it more functional and more reasonable. Vice Mayor Eck commented the biggest concern is the aesthetics.They know there is a need, they are growing and moving into the future.They have a ton of mobile homes that have reached their time and $600,000 to $700,000 custom homes are going in.If they allow the cargo containers to be next door, it could create some internal problems with the community and the defrayed costs for the individual who did make those large investments.He asked if Development Services Director Brad Steinke had any screening ideas on this.He had talked to a general contractor about screening them and it would look good but it is not very feasible. Development Services Director Brad Steinke stated the first decision is if they want to have these in residential and commercial.If they decide they really REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 20 OF 36 want to have these, then they must determine how they will make them aesthetically pleasing. Vice Mayor Eck commented he is willing to have them as long as they are aesthetically pleasing. Councilmember Severs commented it is not if they can allow them, but how they can allow them. Development Services Director Brad Steinke stated they have seen different examples that have reflected arguably an aesthetically pleasing cargo container, others were debatable.Staff's mission would be if they passed this and attached to it certain aesthetic standards, staff will be the arbiter of taste.They will get some wrong.The best regulation is one that is clear, concise, easy to implement and easy to review in the field.They did it with the accessory buildings.They attached a standard that has worked functionally up until this time.They have talked about fences tonight and there may be some merit to what the vice mayor stated with the 2' stem wall and the fence on top of it.There may be merit to having it reflect the architecture and style of the house.All of them will not look the same and there will be variations on that theme.He thinks that is the biggest challenge.They do not have language to throw in front of them that is different from what they have in front of them tonight. The challenge will be for them to implement it and make it work in practice. Vice Mayor Eck stated he was trying to bring them into light industrial, commercial and quasi -public.He was not interested in residential because he thought it would have an impact on the neighborhood. Development Services Director Brad Steinke stated looking at his proposal for the fencing and the shielding, it was a reasonable solution for commercial properties. Vice Mayor Eck commented there have to be other solutions out there if he was to put his mind to it. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 21 OF 36 Development Services Director Brad Steinke stated they could look at that, but there are very few cases of how this applied.There are not a lot of them out there.They have allowed them and tried to hide them out of public view.There has not been a lot of dressing them up from a regulatory standpoint. Vice Mayor Eck commented he saw 4 of them the other day going down Brown Road in Mesa.They were at the gas station.He was disappointed, because he had not believed that they were using them at the gas station. Councilmember Severs commented it was interesting that they did the survey on the other cities and they all said they do not allow them, yet Gilbert, Chandler, Mesa, Ahwatukee and Tempe have them. Vice Mayor Eck commented they just do not enforce them. Councilmember Serdy stated when they are in the other cities they are only boxes.In our last proposal, there was a paragraph stated that they would hide them.He has had no problem all along as long as they are hidden.The question is how to hide them.They can ignore all this and hide them with a façade or a fence.He does not see any other problems.If they cannot be seen, there should be no problem. Vice Mayor Eck commented that is the most challenging thing.Some lots will be much easier than others.They have been pushing for mandatory standards for the design and guidelines, and now they are coming and saying let us see about bringing in these cargo containers.He feels a little bit like a hypocrite.He believes there is a need, but one of the things that irritates him the most is that a lot of the metal garages that he sees in the community are not very pleasant -looking.Some are 25' tall, and there is a blue one on Tomahawk.Some are pretty rough -looking, but he does not know that storage containers are the answer. Development Services Director Brad Steinke commented if some of those images are legal, he REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 22 OF 36 asked if that is necessarily good.There may be some maintenance and enforcement issues. Mayor Insalaco stated that is what they need. Councilmember Severs commented that in the property maintenance standards that they worked so hard to pass, this is illegal but it is not being enforced. Vice Mayor Eck commented that is his other concern.They pass them and people are told to take the stuff and get it screened or in a shed and out of the yard.It makes sense to have a storage shed if it is pleasing and has the right aesthetics.He is concerned that the storage unit will become full and then there will just be that much more carryover.They will have to regulate the number. Development Services Director Brad Steinke stated a lot of questions have been raised.If they pass an ordinance that allows cargo containers, he asked if they would be satisfied with the aesthetic standards in there. If they are not, then they can task them to fine tune it and they will work on that. Vice Mayor Eck commented that is what he would like to do.He would like staff to work on it to see what they can come up with. Councilmember Wilson commented he does see a need in the community.He would like to see them go back to the drawing board to come up with something with input from the council.They could try to work together to come up with something they could all feel could work, taking into account everyone's concerns.He asked if they needed a motion to do that. City Manager George Hoffman stated he thought it would be helpful to do that.They have a fairly clear vision from Councilmember Serdy and they could work in that direction, which is quite straightforward.If they cannot be seen, then it is fine.There have been other things REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 23 OF 36 that have been shown, which is if they can be seen but they are pretty, or if they see them and they look like the house.He would like them to take a universe of things that staff might come up with.He would like them to narrow their preferences down.They could then focus their efforts and have a higher probability of meeting their goals when it is brought back. Councilmember Severs asked if these are legal if they cannot be seen from any public right-of- way.The property maintenance standards say they can store anything they want as long as it is properly screened and cannot be seen.He had a resident come to him and tell him that no one can see his because he dug a hole 2' deep and 40' long so that when they brought it in and dropped it in the hole it could not be seen. City Attorney Joel Stern stated they are currently illegal.It does not matter if they can be seen or not.The current ordinance states they are illegal and cannot be used in the city limits.By passing this tonight it would change the rule. Councilmember Severs stated a very inexpensive option would be to bring in a front loader, dig a hole 2 feet deep and recess the storage container so that no one can see them. There was general discussion on whether to continue, table or postpone the item, how they would get the input to the city manager and the time frame involved. Mayor Insalaco asked if there was any way they could split this.He believes the big problem is residential, and that most of them feel that commercial, the churches and schools would be okay as long as they were screened.He asked if they could vote on the commercial and get that problem solved and then take the time that they need to work on the residential. City Attorney Joel Stern stated they could.They can state what they want in this version and deal with the residential at a later date. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 24 OF 36 Mayor Insalaco stated they could then give those people with the cargo containers on their property an extension with no limit until the council gets this solved. Councilmember Severs commented the only problem is they run into the same problems that they have had with the rest of it.There is a church here that does not want to build a wall around it; they want to match their maintenance building. Mayor Insalaco stated there has to be some compromising somewhere. Vice Mayor Eck commented he is still confused.They are still putting it out to staff to get the information they need to make the appearance as good as possible.He is confused as to what they are going to gain if they say they are going to allow commercial, however, they will work on residential.He asked what they are going to allow on commercial.If they are to be screened as he originally proposed, staff might come up with something better and less expensive. Councilmember Dietz commented they will need to bring the whole thing back. Mayor Insalaco asked how many times they are going to bring this back. Councilmember Barker stated this has been going on for a year. Mayor Insalaco stated these people need to find out one way or- the other what is going to happen. City Attorney Joel Stern commented he might want to call for a motion. Mayor Insalaco closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 25 OF 36 Vice Mayor Eck MOVED THAT ORDINANCE NO. 1302 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. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1302, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT WE TURN THIS OVER TO STAFF TO BRAINSTORM A SOLUTION. Councilmember Dietz interrupted Vice Mayor Eck to state he cannot approve it. Vice Mayor Eck MOVED HE IS APPROVING THAT THEY WILL TURN IT OVER TO STAFF AND HAVE THEM WORK ON SOLUTIONS. City Attorney Joel Stern stated that would just be a simple motion. Vice Mayor Eck MOVED TO LEAVE THE ORDINANCE OUT OF IT AND TELL STAFF TO SEND THE ITEM BACK TO STAFF, TO WORK WITH THE COUNCIL IN SMALL GROUPS AND BRAINSTORM WORKABLE IDEAS TO GET AN EVENTUAL ORDINANCE PASSED. City Attorney Joel Stern stated he believes he must go back and erase what he just voted on first or it would not make sense. Councilmember Barker stated she would withdraw her second. City Attorney Joel Stern stated it had already been voted on. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 26 OF 36 Councilmember Dietz commented they only voted on the reading of the ordinance. City Attorney Joel Stern . stated that the ordinance is not going to be passed right now. Usually that is done before one is passed. Councilmember Dietz commented that they just asked the city clerk to read the ordinance and that was it. City Clerk Kathleen Connelly stated she believed they could consider postponing Ordinance No. 1302 with the recommendation that it be sent back for review. Vice Mayor Eck commented for review with staff and they can use whatever mechanisms necessary to try to come up with it. Councilmember Barker stated they have it. Mayor Insalaco stated that people also need to be given the extension until this is solved. There was general discussion on when the item would be brought back.The consensus was 90 days. City Clerk Kathleen Connelly stated for clarification that they are not adopting Ordinance No. 1302, with or without amendments, they are postponing it and directing staff to go back and return with options on the screening and disguising. City Attorney Joel Stern asked when they wanted it to come back. Mayor Insalaco MOVED TO ADD IT BE BROUGHT BACK THE SECOND MEETING IN JANUARY. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 27 OF 36 City Attorney Joel Stern stated that would be January 14 for a work session and January 15 for the public hearing. Councilmember Barker SECONDED THE MOTION. Councilmember Severs asked if there was a delay in prosecution. Vice Mayor Eck stated there is. Councilmember Wilson asked if this is strictly for businesses or commercial. Vice Mayor Eck commented they there was a delay in prosecution. is. are looking at everything. City Clerk Kathleen Connelly asked if they would please add that to the motion because technically all they directed this ordinance to be tonight is based on Vice Mayor Eck's previous motion which did not include residential. Vice Mayor Eck MOVED TO ADD THAT THEY BRING THE ITEM BACK TO LOOK AT THE USE OF CARGO CONTAINERS CITYWIDE. Councilmember Barker SECONDED THE ADDITION. VOTE:Unanimous. The motion carried. Councilmember Barker commented that she hoped no more cargo containers would come in during this 90 day hiatus. Vice Mayor Eck commented except for the Mobile Minis for emergencies. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 28 OF 36 RESOLUTION NO. 07-44, PRELIMINARY PLAT FOR MERIDIAN OF TIMES TOWNHOMES LOCATED AT THE NORTHEAST CORNER OF 16TH AVENUE AND MERIDIAN )Assistant Planner Todd Kennedy briefed the council on the item.He stated this is a 14 -unit subdivision.He showed the elevations and the floor plans, altogether 3 stories.It was presented to the planning and zoning commission on August 28 and their concerns were that it have a perimeter wall, the landscaping be consistent with the preliminary plat, the onsite parking be in compliance with 2.33 spaces per unit, prior to grading permit issuance the applicant shall redesign the driveway to provide a traffic calming device, install a sidewalk along the south side of the driveway from Meridian Drive and provide additional angled parking.All the conditions have been met. Mayor Insalaco stated it is a very good project for this area.He opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no discussion, he called for a motion. Councilmember Severs MOVED THAT RESOLUTION NO. 07-44, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR MERIDIAN OF TIMES TOWNHOMES, CASE SD -2-07 BY E -BUILT CONTRACTING AND REPRESENTED BY KIM EATON AND PRESTON STAPLEY, BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AN -2-07, CITY -INITIATED ANNEXATION OF APPROXIMATELY 65.5 ACRES ON NORTH APACHE TRAIL AND HIGHWAY 88 ) )Senior Planner Rudy Esquivias briefed the council on the item.He stated the city REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 29 OF 36 limits currently wrap around the annexation piece.There are 2 property owners involved.Highway 88 LLC owns 4 lots on the north side of Highway 88, Echo Homes owns the ones on the south side.A stretch of Highway 88 will also be annexed.The zoning includes some CB -2 and CR-1 half acre lot and some CR-1 acre lot by planned development.There is a concurrent rezoning case going on.This meeting is simply to introduce the annexation and is for discussion only and public input.All property owners have been notified and only one has responded, which is Gold Canyon Sewer Company advising they did not own any property in the prOposed annexation area and had no problem with the annexation.No residential properties are being annexed north of the county island.There are no commercial businesses being annexed.Another council meeting will be scheduled for the annexation ordinance once they have the required number of annexation signatures.If the council approves this annexation, the first step would be to assign zoning districts to the properties that are most similar to the county zoning districts. Following that a different rezoning of the property could be considered. Mayor Insalaco opened the public hearing on the item. Mr. Giles Patton, 2879 W. Hidalgo, Apache Junction, addressed the council.He has some property a little to the north of what is being annexed.He is concerned about the growth along Highway 88.He will support and recommend the annexation as long as they continue to try to maintain 1.25 acre residential lots.He understands that some of it is commercial and he would like to keep those single -story commercial.He would like to see the view plains that exist now maintained.He is aware the streets would have to be widened in the future.He would like to make sure no development would be allowed to block Weekes Wash as it is a major horse trail.He would like dirt roads to be permitted and maintained if it is possible. Mayor Insalaco stated that comes under the particulate matter rules so that will not happen. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 30 OF 36 Mr. Giles Patton commented the east coast people do not know what they are talking about here as this is the desert.It would be like him going into Washington, D.C. and telling them to cut down their cherry trees because he is allergic to them.He would like to see the area kept rural and remain horse properties.He commended the city council on the improvements to the rodeo grounds.With what has been happening at WestWorld, he sees Apache Junction as being the center for equestrian events as WestWorld will be history. He recommends the city annex the portion.He would not like the county to control that area.He does not like what has happened to Anthem and Johnson Ranch. Mayor Insalaco commented he is sure Councilmember Wilson will protect that wash very well. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated these property owners and developers are going the extra mile up there.They have designed a far better and greater use than what could be done according to the current county guidelines. They will be improving the horse trails.He recommends the annexation and project. Mayor Insalaco closed the public hearing with no one else wishing to speak and moved on to the next item. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF REGULATION ON HORSE BOARDING )Councilmember Wilson briefed the council on the item.He stated they had some problems in the early spring concerning horse trailers on the property.Currently we have no definition of what constitutes REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 31 OF 36 horse boarding.Before he was on the council he had talked to the city manager about needing a definition and rules.He would like to use staff to assist him in contacting all the licensed stables in the city, meet with them and get their input on what they need to have for horse boarding.This will hopefully be accomplished in two meetings, and the third meeting will be with the general public to get their input, primarily those adjacent to the stables.They can then come up with a statement that meets the needs and concerns of the stable owners and the general public in those areas. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Wilson MOVED THAT THEY ALLOW THE USE OF CITY STAFF AND FACILITIES TO HAVE SOME MEETINGS WITH, FIRST, STABLE OWNERS, AND SEND OUT NOTICES TO STABLE OWNERS ON THIS, AND THEN, SECOND, TO HAVE A MEETING WITH THE GENERAL PUBLIC, AGAIN WITH USE OF CITY FACILITIES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULATIONS ON OVERHEAD WIRES )Development Services Director Brad Steinke briefed the council on the item.He is looking for direction to come back to them with a more effective ordinance on overhead wires. Councilmember Severs commented he thought the last time this was discussed staff was given direction to go out and find out what particular areas of town they wanted to implement this ordinance in and that it not be implemented in the other areas.That did not happen.It came back with 6 things that they basically already have.He would like to simplify the whole ordinance, preferring to say that from this day forward there would be no more overhead power lines.If they want to build anything, the power lines must be underground. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 32 OF 36 Councilmember Barker asked if option 2 gives the ability to identify specific geographic areas. Councilmember Severs commented it came back to us again instead of coming back with the suggested areas to be implemented in.It is coming back to them again for the same thing they had already been directed to do. Councilmember Dietz stated they did not give direction last time. Development Services Director Brad Steinke stated at the last work session they were given 3 essential directions to go in.One was leave it as is, one was to be more strategic and tactical about how we do it, and the last was to get rid of it all.They were given preliminary direction.They are asking if they want them to come back with all kinds of different options, specifically if there is a consensus of thought on which direction to go.They need the direction in order to give the council direction essentially. Vice Mayor Eck commented he thinks they should move forward with where it fits the right purpose and determine the areas of where it does not. Councilmember Dietz commented he thinks there are still some specific areas downtown where they should be underground, where they started the process and it should be continued. Vice Mayor Eck commented it should certainly be south of the freeway. Councilmember Barker commented she likes recommendation number 4 which provides for a nonpolitical appeal process.She thinks that would be very valuable, especially in case by case scenarios. Vice Mayor Eck asked who would be doing it. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 33 OF 36 Councilmember Barker commented they have listed the city manager and the board of adjustment. There was general discussion on which options were to be used and where an appeal should be taken.It was determined the appeal process would be discussed at a later date. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING REGULATIONS FOR OVERHEAD WIRES:THAT WE CHOOSE OPTION NUMBER 2 AND THAT STAFF COME BACK TO US WITH A VARIETY OF RECOMMENDATIONS FROM THEIR RECOMMENDATION LIST. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. 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, DECEMBER 3, 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, DECEMBER 4, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 34 OF 36 Councilmember Severs SECONDED )Mayor Insalaco adjourned the meeting at 10:42 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of October 16, 2007. 3. Approval of Amendments to Parks and Recreation Master Plan. 4. Approval of Professional Service Agreement for PR -07-08, the Design of an Off -leash Dog Area at Prospector Park. 5. Approval of Resolution No. 07-43, promoting the use of the United States Green Building Council's Leadership in Energy and Environmental Design ("LEED") Green Building Rating System Standards for City -owned and City -operated Buildings. 6. Approval of Award of Bid for PW 2007-14, Chip Seal Emulsions. 7. Approval of Award of Bid for PW 2007-15, Pre -Coated Chips. 8. Consideration of FY 2007-08 professional services agreements with various human services agencies for a total amount of $100,000. ACCEPTED THIS 4TH DAY OF DECEMBER, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF DECEMBER, 2007. N S. INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 35 OF 36 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 6th day of November, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of November, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2007 PAGE 36 OF 36