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HomeMy WebLinkAbout2007-03-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 20, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 20, 2007, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:06 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Waldron Staff Present: (Councilmember Sippel was absent.) 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 REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 1 OF 30 Others Present:Assistant Planner Todd Kennedy Building Official Dennis Dixon Development Svcs. Manager John Petroff Planning Manager Fred Baker Public Works Manager Shane Kiesow Asst. to the City Manager Janine Solley ACCEPTANCE OF CONSENT AGENDA )Councilmember Severs MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 07-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 13, 2007; AND THAT ALL BIDS FOR PROJECT NO. PW 2007-01, TRAFFIC SIGNAL MAINTENANCE SERVICES, BE REJECTED AS ONLY ONE BID WAS RECEIVED, AND THAT AUTHORIZATION BE GIVEN TO RE -BID THE PROJECT; AND THAT RESOLUTION NO. 07-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE FINAL SUBDIVISION PLAT FOR THE "IDAHO CREEK VILLAS - PHASE TWO" TOWNHOMES SUBDIVISION, IN CASE SD -4-02, BY STUART FARBER AND RICK TYNER, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 2 OF 30 Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, addressed the council in support of a police pay raise, a public safety tax, and a blight tax, and commended the police auxiliary unit. He also denounced the City of Mesa for their planning area expansion. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council in support of a police pay raise and zoning code infractions. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council to thank the candidates who ran in the primary election, congratulate the successful candidates, encourage the remaining candidates to run a clean campaign, and a meeting with Rhodes Homes from Las Vegas, Nevada, who are the developers of Lost Dutchman Heights, for which she is supplying a welcome basket. Mr. Dan Wald, 560 N. Rennick, Apache Junction, congratulated the candidates and newly -elected officials. Mr. Chip Wilson, 128 S. Starr, Apache Junction, thanked the community for their support, requested having letters be sent out on the R1-43 study or have an open forum, and advised of the death of a former community member. There was general discussion on the R1-43 survey.City Attorney Joel Stern stated this would have to be put on a future agenda for discussion. Mrs. DeEtte Fountain, 2158 N. Apache Drive, Apache Junctionj addressed the council again on the use of her additional trailer for a medical caretaker. Mr. Damon Mondon, 3400 S. Ironwood, Apache Junction, addressed the council in support .of police pay raises. There was general discussion on the status of the medical caretaker issue.Planning Manager Fred Baker was asked to give a brief report. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 3 OF 30 Planning Manager Fred Baker stated the planning commission will be meeting again on the medical caretaker issue for another review. There was another general discussion on the medical caretaker issue.City Attorney Joel Stern stated he believes it will be coming to the council in April or May. Councilmember:Insalaco:directed staffhto:bring :the medical caretaker issue:back'tocouncil as:soon,AsTossible. ANNOUNCEMENT OF CURRENT EVENTS Mayor Coleman. congratulated Mayor -elect Insalaco, Robin. Barker, Chip Wilson and the two who will be:in'the:run.,-off from: the primary election, and stated he was: surprised there was little: voter turnout with 12 candidates on:the:ballot.He appreciated: the others whO ran and gave everyonea choice. Mayor Coleman announced he attended: the National League of Cities Conference in Washington, 121C. last :week, representing, the .city and the state aspresiden-Lof the League of Arizona: Cities and Towns. Vice Mayor Eck announced that he would be delivering food tomorrow morningiwith the Apacha,Junction :Senior Center and there will be the freeway ramp dedicatiOn ,in :the afternoon. There will also be the:dinner withtheRhodes group in the. evening. CITY MANAGER/S:REPORT City Manager. GeorgeHHoffman publicly expressed his thanks to Building Official Dennis Dixon who berved'asithe ,Interim Development Services:Director for, 2 years.He briefed the council on his accomplishments during that time,: wherein he embraced the citylsygoals by improving:the:efficiency, enhancing customer service; implementing best practices and :by moving,the: policy focus of:thedepartment forward.Healso introduced the: new Development. Servides :Director, Brad Steinke,: and .gave a brief work history.background. REGULAR MEETING OFTHECITY 'COUNCIL MARCH 20, 2007 PAGE 4 OF 30 PUBLIC HEARINGS CASE PZ-3-07, APPEAL OF ORDINANCE, NO. 940 LANDSCAPE AND 'SCREENING REQUIREMENTS REQUESTED BY CRAIG BOSWELL OF QUIKTRIP CORPORATION TO WAIVE THE REQUIREMENTS TO PLACE: EXISTING OVERHEAD .ELECTRIC UTILITY UNDERGROUND ON THE PROPOSED SITE ) )Assistant Planner Todd' Kennedy briefed the council on the item.He .showed pictures.of the site: from all directions.The -applicant is requesting -the waiver because of unnecessary hardship of undergrounding the, lines on Idaho Road.because Old, West Highway would have to:be. bored under; no other commercial projects have been required to be underground on Old 'West Highway; and two electrical circuits would have to.be undergrounded in this case and only one is affected by the project, which is -the.one on Idaho Road.The projected cost.by the :applicant is.$252,:876.Staff has done, research but has received wide ranging estimatesthat would require a -great deal of study.The results were not reliable, . The conditions for granting a waiver based on the code for placing underground utilityinclude the extent of the existing overhead lines and poles in the immediate area of the project, the crossing of such ,lines over heavily -traveled highways or streets and the practicality and feasibility of underground: installations with regard to comparative costs between underground and overhead installation.However, a mere showing of the underground Amstallation as being more costly than the overhead, leaving the overhead installation as is, shall not the sole criteria for granting a waiver.The staff recommendation is deniaLbecause of compliance with.Ordinance No. 940 requiring overhead.utilities a2KV or less tope placed underground, the placing of underground utilities will_enhance the property and the surrounding area, especially as downtown development takes place and the site is directly -adjacent to the south of the border.of.the city center district.It is also within the Crossroads Redevelopment Area which is 'important for the city's future:as.development increases.This will be a starting point. If the council chooses to approve:the waiver, the site shall REGULAR:MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 5:0F.30 comply with the remaining landscaping and screening requirements in Ordinance No. 940, be of southwestern architecture, and have street improvements as needed along Old West Highway and Idaho as determined by the city engineer.All lighting under the canopy shall be flush lighting. Councilmember Dietz asked if the city undergrounded the lines on Phelps and on Old West Highway. City Manager George Hoffman stated he was not sure if it went to the highway, but he thought there was a line that was south of Carini's over to and under Phelps to just south of the Trail. Councilmember Dietz commented they have allowed these waivers in the past, but this particular site is right in our downtown area.He was having a hard problem with this one. Councilmember Insalaco asked how many poles they were talking about altogether. Assistant Planner Todd Kennedy stated they total 8 poles, including the small one that provides power to the doctor's office. Councilmember Dietz commented that would be coming down anyway. Councilmember Insalaco commented he normally hates to push developers underground but with this on the edge of the redevelopment area, he would like to see those poles down.In the past he has not been one to require them to be taken down, but in this situation where it will be right in the heart of downtown, he is having a hard time leaving the poles there. Councilmember Waldron asked if it would require them going underneath Old West Highway to REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 6 OF 30 underground the pole that sits at the corner of Idaho and Old West. Assistant Planner Todd Kennedy stated that is correct. Councilmember Waldron stated they would have to do that for that one pole. Assistant Planner Todd Kennedy stated they would have to for that one pole and it would also take out the one across the street and the third one behind it.It would have to be bored under the street. Mayor Coleman requested the applicant address the council. Mr. David Chzeski, 11811 N. Tatum Boulevard, Phoenix, addressed the council.QuikTrip will be a new development to the city; they have looked for a site for years and years.They believe that the facility they will construct will bring a different level of convenience retail to the city.It is a national organization with over 500 stores; they are a Fortune 50 company.It is the Cadillac of retail; they set the standard.During staff reviews, this burden came up regarding the ordinance.QuikTrip has over 50 stores throughout the metropolitan Phoenix area; they have encountered this problem in Phoenix and Mesa, but in a different context. In Mesa, significant road and/or off -site improvements were also needed.The lines were impacted by the nature of the project. They have worked with cities to try to accommodate the project. QuikTrip has done the improvements when there has been an impact on the lines.This site is different.There are two circuits that exist; one that runs along Old West Highway and terminates in front of the property.QuikTrip has no impact on that circuit whatsoever.There is no requirement that they touch any of the poles for purposes of drives, landscaping or road widening.The circuit on Idaho and that comes up along Idaho has no benefit to the property.It terminates at a pole near the intersection, and has already been routed underground under REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 7 OF 30 Idaho Road to the Fry's development.It was not a development constraint but was done at the request of the utility provider because the services that were utilized by the prior development on the southwest corner were not capable of supporting the new development there.One of the issues in terms of a waiver is hardship.This project will add significant value to the city; it will be an enhancement with new services.Any impact by QuikTrip will not be on any of the utility lines.Staff looked at other cities such as Phoenix and Mesa to see what criteria was used to determine if the lines should or should not be underground.One of the criteria was the overall cost in relation to the cost of the development.The cost here is $252,000 to put them underground.They are coming in not saying they want to renovate the entire electrical system but they do not want to pay for it.They are trying to tap into what is there today and add some beautification to the intersection with a brand new retail facility.Mesa also looks at if less than 50% of the properties in the area are undergrounded.The lines along Old West Highway run for miles to the southeast.The lines along Idaho run for miles northward.These are overhead lines.If QuikTrip were to underground the 250' of lines on Old West Highway, it would have no impact aesthetically or long term impact on those lines; the same for Idaho Road.Taking the one line underground as compared to the cost of the project in terms of how that will improve the impact to the area, he would argue that the facility itself with the enhancement of the building, the architecture,and the landscaping is a significant improvement to that area more so than moving one line underground.The Idaho lines have obviously been there a long time and he is not aware if there have been public safety issues with those.The cost of undergrounding on the Idaho side is in excess of $110,000.He wanted the council to look at it in a cost/benefit analysis.He asked what value the city is getting by putting a few hundred feet of line underground versus the overall impact of the project and other things that can offset the project to the lines.Regarding the practicality and feasibility of doing this with respect to cost, he stated it could be done, but at what cost.They are putting a cost of $252,000 on a project of this small scale.He believes it is an incredible undue burden on the project.It is so great that it REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 8 OF 30 becomes questionable:as to the property being developable by, anyone.It -isAlot:a power center that could bear the cost.He argued the benefit the city would get out of it should be compared to the -QuikTrip project, the revenue it will generate and the landscaping aesthetic value.It is. an enhancement to the city core -when -compared to what is there today.He requested their support of the waiver. Councilmember Waldron commented he. mentioned the lines running north and the lines running east but he:failed -to mention there are no lines running south.. Mr. David Chzeski stated based on the information he was provided by the utility, the lines from the pole at the corner going south drop underground. Councilmember -Waldron stated that As what he -is -talking about.He did not mention that there were no lines, running to -the south of the property Mr. David Chzeski stated that is_correct.He is=not sure .what is feeding that as the line terminates there. Councilmember Waldron commented his point is -that it looks pretty good with those lines mot there.In his argument, he failed to mention no lines to the .south, only to thenorth and east. Mr. David Chzeski stated that is correct.He is not sure if there are lines there or if they are,underground.Based on the drawing provided by-the utility company, they-are not showing .any underground lines to the south He does not knowrhow.those are serviced. Vice Mayor Eck commented when they started this their intentions were great, but he does not think they realized what.they.were starting when they tried to underground electric. wires.The acres down south will be a lot • .REGULAR MEETING- OFTHE-CITY'COUNCIL .MARCH 20 i 2007 PAGE9OF 30 easier to do.Everyone of these that they,have come across has been:a cost burden.He -does not know how -effective this ordinance really is.They are talking about possibly losing a business because of it.They generally get sometype of trade off in vegetation or plants for it, something that enhances the property.They are very expensive. Mr, David Chzeski commented. that in regards to a trade off or enhancement of the property, in light of the extreme cost, QuikTrip will be willing to work with staff in,terms of additional landscape enhancementto bring it -up to a higher standard of beauty at the intersection since they are in the city.core.It could be-enhanced..landscaping, additional landscaping, or some larger boxed trees to give it a .more mature effect; they are willing to work with staff. Councilmember Dietz commented it comes down to the:enhancing of the view.The purpose in:this area was to take advantage of the view to the mountains coming into the downtown district.He believes they required some businesses west on the Trail to put in conduit for future undergrounding of the.line, and some money into the pot, something like $60,000. Vicee -Mayor Eck stated that Was A:6M Root Beer.They were trying to build them in sections. It was only feasible to -be done in quarter or half mile . sections. Councilmember Dietz commented it will enhance the area with the poles gone and that is why- they did it.The Phelps Drive project has -an entrance into the downtown area.That is why they are doing it here because it is so close to this area. Councilmember Severs asked:if they were in a position to do this right:now.The antique mall is leaving within 30 -days, the doctor's:office, Mickey D's, Bashas' and the Postal Store are leaving.They lost Value Place and 8 other potential pads.He. asked how many more they could REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 10 OF 30 lose and still survive as a city.He asked how they would pay the police officer raises.They are putting a lot of people on the land to the south; everyone keeps talking about when that land develops.He asked can they survive at this rate of losing businesses until that happens.They are talking about 2 power lines that have been there for years for this wonderful business.The city needs this business.They have got to stop discouraging these .people.He asked them to consider that. Mayor Coleman opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He read where the City of Scottsdale is looking at $300 to $600 million to underground power lines.The cost gets ridiculously high. He feels that the other four members -elect of the council will be thinking about doing what they can to bring more business into Apache Junction.He ran into this issue when he was first on the planning and zoning commission and he studied it. Basically, the undergrounding of power lines happens towards build out when a city does not have any other way to improve its city.That should be 2020 or 2025 for the city.The undergrounding of power lines should be a low priority when compared to businesses like this that come in with good-looking projects and provide revenue to the city.The QuikTrips are good quality businesses.He urged the council not to require them to underground the power lines. Mr. Noel Benoist; 900 N. San Marcos #35, Apache Junction, addressed the council.He agreed that undergrounding the power lines.and enhancing the beauty is a good project, but he also agrees.that.it is a future goal.He urged them to take 4 or 5 businesses in a row that will be developed there and plan out a section.A section can be done cheaper because it is a larger project.The businesses could agree- to set aside a small portion of their monthly monies so that when 4 to 6 businesses are together an entire section can be done.The money would then be there to get it done and they could do.the undergrounding then.It would not be made REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 11 OF 30 difficult for the business now and they could get built, get going, employ people and benefit the city.At the same time they are planning to take care of the beautification at a time when it is more feasible and when more people are pulling together to get it done at a better rate.He suggested a conditional waiver, have them get together and find out how large of a section can be done more cheaply, and when the . section is full and those businesses can get together, underground the lines at that time. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Insalaco commented -with the lay of the land and drainage on this piece of property it would be tough for anything other than a convenience store with gas pumps to makethe land usable'.He would like to see the power lines down, but he believes they should try to come up with some kind of arrangement like they did with Long John Silvers and the other.They could wait to do the lines. Councilmember Dietz commented he thought Mr. Benoist's statement, as far as getting businesses together, was their general .plan withHIJong John's and others in that area to get them started, by setting some money aside and gradually getting the funds together for future undergrounding. Mayor Coleman commented part of the problem with doing that is the costof doing it goes up the longer you wait.He does not know if they would get everybody to agree on that.Some cities do not even allow waivers on 12KV lines.Gilbert does not allow any waivers; they might on a 60KV, but not a 12KV.If they want to have growth for growth's sake, then we might as well eliminate all the quality guidelines of landscaping and anything else.They need to decide what they want for the future.If they want to continue to have overhead lines and they do not bother anyone's view, and it is not something that they value, then they should keep granting these waivers.If it is something that as a REGULAR MEETING OF THECITY .COUNCIL MARCH 20, 2007' PAGE 12 OF 30 community they value, then we should stick to our guns.As far as the properties being sold in the downtown area, something will go in there. Councilmember Severs commented he understands that they need to decide what they want for the future.However, there comes a time when they need to decide what they need now.They need more businesses and revenue.There are times they do not get to pick and choose. Gilbert is a beautiful town, and it is because they did some of these things, but look at their growth patterns over the last few years.Look at the growth patterns of Marana, Ajo, Maricopa, Casa Grande and Florence.They are growing up around us; they are leaving us in the dust.We need this right now. Mayor Coleman stated it could be because the city has not guaranteed people that their investment would grow in value because they are not sure what will be going in next to them and what will be allowed to stand, including overhead power lines. Councilmember Severs commented it could be because we are discouraging so many people from coming here that we are gaining a bad reputation and people do not want to build here. Mayor Coleman commented they are going to Gilbert. Councilmember Severs commented he would like to see that end and have them start saying they want to go build in Apache Junction because they are easy to work with, they are good people, it is a beautiful community and it is growing.He would like to see that start; putting these limitations on people will not help that start. It was a good thought when they enacted this thing, and for all future growth they were going to do undergrounding as part of the construction, and it was a great plan.He asked who put the power lines in.He said the city did, not the developers.The city needed the power lines.It is not the applicant's fault REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 13 OF 30 that the power lines are there.It is the city's because it -needed them.He suggested they designate some money, raise the funds and undergroundthe power lines Mayor Coleman commented: the taxpayer would pay the burden. Councilmember Severs commented the taxpayers are going to pay the burden anyway if we keep losing businesses. Vice Mayor Eck commented_he would like to make this issue one of the items on a council/planning and zoning commission retreat this summer.He thinks they have to come up with somesolution.The ordinance does not really function because it is;too-expensive.He has talked to Salt River Project and their public information officer laughed when he .asked her if she thought they were doing the right thing because of the cost.He does not think they created a feasible.product.It does not allow for businesses. He asked if it was-tax -incentiverfund:money that paid for the undergrounding at'Phelps.-It was not:the developer's money.He would like to:see=this project go and.get -extra landscaping in return.They.have:to bring this ordinance back either at a retreat or as a discussion item to see if there is a better plan.He feels it is kind of embarrassing to have these come up every time.He does not think these lines are feasible. Mayor Cbleman stated it is in other communities He then closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT CASE PZ-3-071 AN APPEAL OF THE LANDSCAPING AND SCREENING REQUIREMENTS BY .CRAIG BOSWELL OF QUIKTRIP CORPORATION TO WAIVE THE REQUIREMENT TO PLACE THE EXISTING'OVERHEAD.ELECTRIC UTILITY UNDERGROUND ON'THE PROPOSED SITE LOCATED AT 385 SOUTH IDAHO' ROAD. BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 14 OF 30 Vice Mayor Eck SECONDED THE MOTION. VOTE:2-4 (Mayor Coleman and Councilmembers Dietz, Insalaco and Waldron voted in opposition. The motion failed. Councilmember Dietz commented they had said they.would do some trade=offs but nothing was mentioned in the motion. Vice Mayor Eck commented they did not get intothat in the discussion Mayor Coleman asked if stipulations would have to be part of the motion. City .Attorney Joel Stern stated if they are goingto do a new motion, they can have -stipulations. Mayor Coleman asked what was in Ordinance No. 1197. Assistant Planner Todd Kennedy brought up the stipulations on the overhead projector. They are the 3 factors that would be under review when granting a waiver. Mayor Coleman commented:they are looking for the conditionsof approval. Councilmember Waldron stated-: he did not: see any conditions for approval. 14ayorCbleman: stated there: are 4 recommendations on :Page 3 of 3:of.the staff report REGULAR MEETINGHOF:THE CITY COUNCIL MARCH 20, 2007 PAGE 15 OF30 Assistant Planner Todd Kennedy brought up the conditions of approval on the overhead projector. Mayor Coleman stated they need to be included in a motion if they want to trade off trees for the undergrounding of the line. Councilmember Dietz commented it is still just asking for 24" boxed trees.He asked if that was not already required anyway in the Ordinance. Vice Mayor Eck asked if it was asking for additional trees. Councilmember Dietz stated it is not.It states all the required trees shall be 24" boxed trees. Councilmember Waldron commented that during the staff report it states some mitigation was done if the poles were to remain.He does not see it in the conditions.He mentioned that they could be asked to do some additional work to try to camouflage the poles but that is not in the conditions. Assistant Planner Todd Kennedy stated condition number one is about them being a minimum of 24" boxed trees.When they grow to mature size, depending on the species of trees, they could be almost as tall as the utility lines.If they are planted along the perimeter of the site where the poles exist, it could help conceal them. Mayor Coleman commented they would have to be cut down so that they would not interfere with the utility lines. Councilmember Dietz asked if the 24" boxed trees and the number required is a requirement for the project anyway.There are no additional trees. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 16 OF 30 Assistant Planner Todd Kennedy stated 24" boxed trees are required in Ordinance No. 940. Councilmember Severs commented it comes down to what additional landscaping that they would be willing to negotiate to be able to waive the undergrounding. City Clerk Kathleen Connelly stated at times when motions are made from the floor, the city has gotten into trouble because of the belief that the motion said one thing and it turns out it said another.She asked if it would be wise to continue this and allow QuikTrip and staff to come up with a landscape plan. City Attorney Joel Stern stated that would be a good idea, especially, when looking at the site plan, another issue is as one is driving north on Idaho the back of the building is seen.They had the same issue with Chevron on the corner.It could perhaps be a trade off issue, also, with some mitigation of that back wall. Councilmember Dietz asked if they could do that after what they have just done. .City Attorney Joel Stern commented they may want to continue this matter so that staff can work with the developer.They can bring it back in a month or whenever they want to.. It would.be- a good idea to do that and then they would have a better idea of what staff would recommend if they were to approve it. Vice Mayor Eck commented- he would rathercontinue it than deny it. Mayor Coleman stated he would not. REGULAR MEETING OF THE CITY COUNCIL MARCH ,20, 2007 PAGE 17 OF 30 City Attorney Joel Stern stated it would have to be a motion to continue and then it would have to be a majority that agrees or the item dies. There was general discussion on the date it would be brought back and if a work session would be needed. Councilmember Severs MOVED THAT PZ-3-07, AN APPEAL OF THE LANDSCAPING AND SCREENING REQUIREMENTS BY CRAIG BOSWELL OF QUIKTRIP CORPORATION TO WAIVE THE REQUIREMENT TO PLACE THE EXISTING OVERHEADELECTRIC UTILITY UNDERGROUND ON THE PROPOSED SITE LOCATED AT 385 SOUTH IDAHO ROAD BE CONTINUED UNTIL APRIL 3. Vice Mayor Eck SECONDED THE MOTION. VOTE:5-1 (Mayor Coleman voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. RESOLUTION NO. 07-12, DECLARING NEW ARTICLE 7-1 DEVELOPMENT FEES OF THE CITY CODE A PUBLIC RECORD, ORDINANCE NO. 1291, ADOPTING BY REFERENCE NEW ARTICLE 7-1 DEVELOPMENT FEES )Assistant City Manager Bryant Powell briefed the council on the item.The city is experiencing significant growth.It is unlikely the city will be able to continue to rely on sales tax revenues, municipal bonds or highway user fees to finance capital improvements needed to offset the impacts of growth.Development fees have REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 18 OF 30 been authorized through state law as an -alternative funding mechanism to:help cities provide the -facilities needed to accommodatethe -growth.The city initiated development fees_in 1997.The fees:are charged: for -the 'library, parks and open space, police, roads, and municipallbuildings.The monies collected offset .capital expenditures necessitated by new development.A year ago Tischler-BiChe started to prepare a development fee -study.It is a,long_process.The first:update was in November, the -first work session. in December, and on February 20 there was the first public hearing.Tonight' is the final public hearing and vote on-the.resolution and ordinance. If passed, state law requires a 90 day waiting period before .the development fees can be implemented.Development fees are for capital costs only to build new facilities and have growth pay for itself.He:gave an example of what_icurrent level of service means.Examples .of future facilities include a police station, animal control expansion, expansion of the general government facility, library expansion,, library branches, and park improvements, including ,the rodeo grounds.The development fees passed in 1997 were .a huge portion of the -revenues used for the building of the -skate park, the park and pool expansion, the:new city hall complex and the -multi-gen.center and other facilities. These new fees would be applied in June; they can also annually apply a construction -caused index to keep these -numbers going at a rate that would be more reasonable to the- marketwe see-.It has teen 4 years since an overhaul of all the development fees has been done. Councilmember Severs asked if he had a development -fee schedule with him. Assistant .City Manager Bryant Powell gave him one. Vice Mayor Eck asked if he had any of other communities that also have utilities. Assistant .City Manager Bryant Powell stated they did not do any with other .utilities. REGULAR MEETING, OF THE CITY COUNCIL MARCH 20, 2007 PAGE 19 OF 30 Councilmember Severs asked. where a gas station and.convenience store fits into Assistant City Manager Bryant Powell stated, the square footage would be:found:under the nonresidential or commercial :shopping centers.,Depending on. the square footage of the facility, they would .apply ,the $20.76 per square foot. City,Manager George Hoffman asked if the QuikTrip_project is in the area where .the development fees are reduced for the downtown. Assistant City Manager Bryant Powell stated they are. City Manager George Hoffman stated the road portion of the development fees, the biggest cost for the development fees, is either eliminated ,or reduced. Assistant City Manager Bryant POwell stated it is eliminated by ordinance.It is .usually 80% to 90% of the total development fees. City,Manager George Hoffman stated he did not know where Councilmember.Severs.was going with that thought but he believes he might need that information. Councilmember Severs commented he was wondering what the development fee would be for a gas station in that area.He asked if the total fee would have been $30,000 to $40,000. Assistant City Manager Bryant Powell stated in that area they would be taking the police and general government fees, .add $2.4.0 plus the $0.14 times the square footage, or $2.54 -per square foot REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 20 OF 30 Vice Mayor Eck asked if the city plans on paying for roads through the tax incentive funds program. Assistant City Manager Bryant Powell stated many of the roads are already developed; any additions to those would be paid through other sources.If it is in that area, it would be the tax incentive fund.It would depend on how the intergovernmental agreement would work. City Manager George Hoffman stated if the approximate cost was $2.50 a square foot for the categories noted and if the building is 5,000 sq.ft., then the revenue generated might be about $12,500.He asked if that addressed his question. Councilmember Severs stated it did not.He would figure it out later. City Manager George Hoffman asked him to rephrase the question and he will try to answer it. Councilmember Severs asked how much the development fees would be for the QuikTrip project. City Manager George Hoffman commented it is police plus general government. Assistant City Manager Bryant Powell stated that is correct.If it is less than 25,000 sq.ft., the $2.54 per square foot is applied to determine the fee. City Manager George Hoffman stated it would be the $2_40 plus $0.14 times the number of square feet. Assistant City Manager Bryant Powell asked how many square feet is proposed. REGULAR MEETING OF THE. CITY COUNCIL MARCH 20, 2007 PAGE 21 OF 30 City Manager George Hoffman stated it has a shade structure, he assumed 5,000 sq.ft., but he is not sure that is valid.He does not think it is much more than that. Councilmember Severs asked if it is only the building portion or does it also include the usable portion for the pumps as well. Assistant City Manager Bryant Powell stated he believes it is just for the building. City Manager George Hoffman stated $12,500 would give him a sense of magnitude. Mayor Coleman commented figure 2 shows that the commercial projects are not charged for library or parks and recreation.They only pay fees on police, general government and roads.That is all they impact.In the development area, the road fees are waived.The cost is either paid for by the developer or subsidized by the taxpayer.Those are the only two sources for all of the new development.The development fees are for development to pay for itself. However, he does not believe that development ever totally pays for itself.It is better than having the taxpayer foot the entire cost.He then opened the public hearing on the items. There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion. Vice Mayor Eck commented he is struggling with this one because he believes that growth should pay for itself.He has always supported development fees as he believes they are needed.If they were just looking at the city fees, he believes they would be fine at $9,508. 'However, having private utility companies in the largest development in our community would mean the -development fees would be near $20,000.The sewer is $7,750 and they are looking at a rate increase by July 1.The water impact fee is $1,440. -Adding the $9,508, which he agrees is needed, when the permit REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 -PAGE 22 OF 30 fees are added in it becomes $20,000.It sounds tremendously high to him. Mayor Coleman stated this is the actual cost.Other cities that provide water and sewer charge for those also.He asked if our total fees are out of line with other communities, even if those costs are added. in. Assistant City Manager Bryant • Powell stated he did not check that.They get different answers from the sewer district on what their fee is. Vice Mayor Eck commented he recently got an application and it is near $8,000. Mayor Coleman stated they can look at it another way in that the $20,000 is the actual cost to the community.The question would be how much he would want to subsidize of that cost to the community with taxpayer dollars. These are not to enhance the services, it is to maintain the current level being provided to the residents.If the connection fees are too high with the private utilities, then maybe they should talk to them.He does not believe the city should be subsidizing it.He believes they should be adopting these fees. Vice Mayor Eck -commented.he knows roads are the -most expensive, especially because of:cost. He -just has a -hard -time approving what reality is, and that is $20,000' to put.a trailer on a lot. Mayor Coleman closed the discussion with no further comments and called for the motions. Councilmember Waldron MOVED THAT RESOLUTION NO. 07-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHEI JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 7, ARTICLE 7-1 DEVELOPMENT FEES,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007. PAGE 23.0F 30 Councilmember Dietz SECONDED THE MOTION. VOTE:5-1 (Vice Mayor Eck.voted in opposition.) The motion carried.. Councilmember Waldron MOVED THAT ORDINANCE NO. 1291 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. VOTE:Unanimous. The motion carried. -:read the ordinanceApy:title only, Councilmember Dietz SECONDED City Clerk Kathleen Connelly Councilmember Waldron MOVED THAT ORDINANCE NO. 1291 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilmember Dietz: SECONDED THE; MOTION. VOTE:4-2 (Vice Mayor Eck and Councilmember Severs voted in opposition.) The motion carried. ORDINANCE NO. 1292, AMENDING CITY CODE CHAPTER 7 BUILDING,ARTICLE 7-1 BUILDING AND TECHNICAL CODES. BY ADDING NEW SECTION 7-5 FIREPLACE RESTRICTIONS )City Attorney Joel Stern briefed the council on the item.He stated the ordinance puts REGULAR MEETINGOF ,THE CITY COUNCIL: MARCH 20,2007 PAGE 24 OF 30 back into play some solidwaste, wood stove fireplace' restrictions which were inadvertently removed when council.did the technical codes 'within the last 6 months. Mayor Coleman asked if this is to bring the city ,into compliance with Arizona statutes. City Attorney Joel Stern stated that is correct.. Mayor Coleman:opened:the public hearing:on:the ,item.There being:11.0'one wishingito - speak, he closed -the .public hearing. an reopened the item -council discussion.There being:no.discussion, he called fora: motion. Councilmember Dietz MOVED.. THAT ORDINANCE NO. 1292 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE:READING:OF THE ENTIRE ORDINANCE BE WAIVED. -Councilmember-Insalaco SECONDED. THE MOTION. VOTE:Unanimous. The motion carried. 'City 'Clerk Kathleen:Connelly - read the ordinanceloy -title with'the-emergency clause She asked since theHordipance only•states:Pinal :County does it exempt the paxt-,of-:the city that: sits in 'Maticopa County. City Attorney Joel Stern stated it is probably an oversight.It should also. say -Maricopa County.They need to make an amendment on that. Councilmember Dietz MOVED THAT ORDINANCE NO. 1292, AS READ BY I THE CITY CLERK, BE APPROVED AND ADOPTED WITHI THE FOLLOWING AMENDMENT:THAT MARICOPA COUNTY WITHIN THE CITY LIMITS OF APACHE JUNCTION BE INCLUDED. REGULAR MEETING -OF .THE :CITY COUNCIL MARCH 20, 20.0.7: PAGE 25 OF 30' Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION= FOR A -PERMANENT EXTENSION OF PREMISES ONTHE LIQUOR LICENSE OF SUPERSTITION SKIES RESTAURANT AND BAR )City Clerk Kathleen Connelly. briefed the council on the item.She stated the item was continued at the last meeting to allow for some details to be worked out with regard to the extension of premises, whether it would be suitable'to locate it in an upstairs'area, as opposed to making it an outside patio.The applicant did come in and talk to development services staff.A compromise was worked out, which is the diagram in their packet.It is theone in color. According to liquor -control, they will act on whatever application the city sends along with her actual request for the extension. Councilmember Dietz commented she mould not have -to submit an amendment_ City Clerk KathLeen Connelly stated that is correct.If they want to approve it, they can, designate that it is for the revised diagram. Mayor Coleman,xequested the applicant address the council. Ms. Lee Nugent, '346 N. Cactus, Apache Junction, addressed the council.She -stated staff came out and looked at the property and discussed what could be done for the patio.She would still prefer -to go up_ into the area upstairs that is grandfathered, but in the interest of time and getting something done right now, they decided to do something in the front that would be relatively REGULAR MEETING OF THE CITY COUNCIL MARCH i20, 2007 PAGE .26 OF 30 simple to do.It will look nice.She advised she is not giving up on using the 500 sq.ft. they currently have there up above. She understands that the only reason that it is not being used is because the fire marshal wanted 2 exits.That would be a . very simple thing to do.The stairs were taken down at the fire marshal's request so that no one could get up there.Upstairs has a beautiful view and would not require a lot of work to get ready.It has a new roof, they just need to take out the windows and put some type of protective cover up there.She asked if they could approve that subject to the fire marshal's approval. Mayor Coleman shook his head no indicating they could not. Ms. Lee Nugent stated she is not giving up on that area.Temporarily she will be happy with what staff has recommended for the time being. Councilmember Dietz agreed that the 500_sqft. area would be awesome.The views are gorgeous He stated it will be a great project for the future. Ms. Lee Nugent stated it would be a project as they have to put stairs in.She understands the fire marshal's concern that they need a couple of exits in case of fire.She stated she would probably be back' here again. Mayor Coleman opened the public hearing on the item. Mr. Noel Benoist, 900 N. San Marcos, Apache Junction, addressed the council.He again stated there is a lot'.of history in the building.-and again encouraged the city council to put it into a plan for historical development, using the grant money that is available. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 27 OF 30 the item to council discussion.There being no further discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SUPERSTITION SKIES RESTAURANT AND BAR, SUBMITTED BY LEE NUGENT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUORLICENSES AND CONTROL WITH THE. REVISED DIAGRAM. Councilmember Severs SECONDED THE MOTION VOTE:Unanimous. OLD BUSINESS None. NEW BUSINESS None.. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT ANEXECUTIVE SESSION AT 6:00 P.M. AND A --WORK SESSION AT 7:00 PM. BE HELD ON MONDAY, APRIL 2, 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, APRIL 3, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 28 OF. 30 VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Coleman adjourned the meeting a t 9:25 p.m. Consent Agenda Items are a s follows: 1 .Acceptance o f Agenda. 2 .Acceptance o f Minutes o f Special Meeting of. February ,26, 2007. 3 .Acceptance :of Minutes' of Regular Meeting o f March 6 ,2007. .Resolution No.07-13,declaring and adopting the results o f the March 13,2007 Primary Election. 5..Approval t o reject -bid .for Project No.PW-;2007-01 for Traffic Signal ,Maintenance Services. 6 .Resolution No.07-14,Case PZ-04-02,a final plat amendment t o Idaho Creek Villas,Phase I I . ACCEPTED THIS -3RD IDAY OF APRIL,2007;BY THE MAYOR AND CITY. COUNCIL OF THE CITY .OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD .DAY OF 'APRIL,2007. DOUGLAS gOLEMAN - Mayor REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2007 PAGE 29 OF 3 0 ATTEST: KATHLEEN CONNELLY City Clerk 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 20th day of LMarch, 2007:I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of March, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2007 PAGE 30 OF 30