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HomeMy WebLinkAbout2012 04.17 City Council Regular Agenda PLEASE FILL OUT A"REC. .T TO SPEAK" FORM IF YOU WISH TO ADDRI THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING I i cM CHE✓ (4,1,. ( • I� Q pity of Apache Junction Houle of t}Jt' ,Superstition Mountains �+P►ZON� APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA April 17,2012 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c. ROLL CALL. D. CONSENT AGENDA. The Council may, at this time,take single action on any or all items listed as consent agenda items.These items may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting. Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of April 3, 2012. 3. Consideration of authorizing Mayor to sign the "Term Sheet"with Siemens Industries for the possible implementation of solar facilities for the Library and City Hall buildings Consideration to authorize the mayor to sign "Term Sheet"with Siemens Industries as presented at the April 2nd Work Session which is a precursor to a possible future Power Purchasing Agreement for the installation of solar panel facilities. This document is needed for the city and Siemens Industries to pursue needed rebates with the Salt River Project(SRP)for the needed viability of the project. 4 Consideration of Resolution No. 12-08, Committing Local Funds as Leverage for Fiscal Year 2012 Community Development Block Grant and State Special Project Applications. The City of Apache Junction is anticipating receiving approximately$104,276 00 in Community Development Block Grant funding for Fiscal Year 2012. The City of Apache Junction is also submitting an application for the State Special Project funds in which the city may request up to$300,000 00 As part of the application requirements for submission of the applications, a resolution is required if local funds are committed to the project. The resolution binds the city to leverage funding if the submitted applications as identified in Resolution No. 11-49 are awarded. Should the application(s)be denied,the city is not liable for these funds. 5 Consideration of Resolution No. 12-09, Authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for funding to complete a Safe Routes to School Cycle 5 Infrastructure Project. In July 2011,the city was notified of a grant award in the amount of$291,166 00 for the installation of sidewalks,curb and gutter,an ADA accessible ramp, and bike lanes surrounding Superstition Mountain Elementary School, Four Peaks Elementary School,and Cactus Canyon Jr High The Intergovernmental Agreement and Resolution No. 12-09 authorizes the city to enter into the agreement and complete the project as identified in the grant application. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time 6 PRESENTATION BY AND DK SSION WITH LESLIE BENNETT REGARDI, rHE EFFORTS OF THE PINAL PARTNERSHIP AND SUPERS I iTION LAND TRUST(SALT) SPONSORED DESERT CLEANUP EVENT. Leslie Bennett will describe the efforts that citizens from groups such as the Superstition Horsemen's Association,the Girl Scouts of America, SALT, Pinal Partnership,the Gilbert Horse Owners'Association, and others were able to clear a one-mile long by one- quarter mile wide section of State Trust Land bounded by Tomahawk, McKellips,Cortez, and Lost Dutchman Roads. 7. FORMAL PRESENTATION BY MAYOR OF CERTIFICATES OF ACHIEVEMENT TO 16 GRADUATES OF THE FOURTEENTH CITIZEN LEADERSHIP INSTITUTE. 8. UPDATE AND DISCUSSION WITH AARON MCDERMID AND LARRY JOHNSON OF THE APACHE JUNCTION CHAMBER OF COMMERCE AND VISITOR CENTER ON QUARTERLY EFFORTS AND TOURISM. Aaron McDermid and Larry Johnson will provide city council an update on the efforts of the ChamberNisitor Center and tourism. 9. PROCLAMATION DESIGNATING APRIL 22-APRIL 28, 2012 AS"NATIONAL CRIME VICTIMS' RIGHTS WEEK". National Crime Victims'Rights Week reaffirms the commitment of Apache Junction to helping victims of crime rebuild their lives through supportive services and victim compensation. 10 PROCLAMATION DESIGNATING APRIL 15-21, 2012 AS "NATIONAL VOLUNTEER WEEK". National Volunteer Week recognizes the contributions that our volunteers make every day to our community. 11 PRESENTATION ON THE 2012 TAX ASSISTANCE PROGRAM. The City of Apache Junction participates in the coordination of the Earned Income Tax Credit and Tax Counseling for the Elderly Initiatives with the Internal Revenue Service and American Association of Retired Persons (AARP) in providing opportunities for all residents to seek out and obtain assistance in completing their tax returns by AARP volunteers In addition to receiving free tax preparation,residents are also advised of potential tax credits that are offered to households and families Apache Junction provided this service in the Public Library Wednesdays through Saturdays beginning February 1,2012 to April 15,2012. 12 PROCLAMATION DECLARING APRIL 2012 FAIR HOUSING MONTH Affirmatively furthering Fair Housing was first included in the Fair Housing Act of 1964,which, in Title VI,prohibited discrimination in housing on the basis of race,color,and national origin.This Act also required that the United States Department of Housing and Urban Development administer its programs including the Community Development Block Grant program in a manner that affirmatively promotes fair housing The Arizona Department of Housing,the regulatory agency, has indicated that each community must complete the minimum requirements to further fair housing.These minimum requirements include 1)Adopt a Fair Housing Proclamation or Resolution, 2) Display a Fair Housing poster in at least one public area of the community's administration building/office year round,and 3) Undertake at least one additional action that is specifically designed to further fair housing and/or educate the public about fair housing laws F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place oi. such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification inquiries. 13 MANAGER'S REPORT. H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council. None I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None. NEW BUSINESS. The Council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. 14. DISCUSSION AND ACTION ON PROCESS FOR SELECTING AN APPLICANT FOR THE CITY COUNCIL VACANCY INCLUDING BUT NOT LIMITED TO DESIGNATING A LIMITED NUMBER OF APPLICANTS FOR FURTHER INTERVIEWS, CHANGING THE SELECTION DATE AND DATE FOR SEATING THE NEW COUNCIL MEMBER. Council interviewed applicants at the April 16 Work Session. This item will allow council to change previous direction to staff and add steps and change dates for the council vacancy selection process. K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 15. EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY, APRIL 30, 2012. 16. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, MAY 1, 2012. OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests, communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1) respond to criticism by a speaker;2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3) minute time limit per speaker N• ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office. 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays,7.00a—6 00p,excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office. at (480)474-2617 or(480) 983-0095 (TDD)at least 72 hours prior to the scheduled time. CITY COUNCIL REGULAR MEETING APRIL 3, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 3, 2012, at the Apache Junction City Council Chambers pursuant to the notice required by law. AIM Ilk CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Smithson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson +► (There is one vacancy on the council. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Development Services Director Brad Steinke Others Present : Captain Arnold Freeman Communications Supervisor Jerry Ward Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 1 OF 35 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND WITH GREAT HONOR, I ASK THAT RESOLUTION NO. 12-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, HONORING THE VETERANS AND THE ACTIVE DUTY SERVICES OF THE UNITED STATES OF AMERICA BY CREATING A DISPLAY OF FLAGS TO BE LOCATED AT THE NORTHWEST CORNER OF APACHE TRAIL AND NORTH — APACHE TRAIL, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . (During the vote Councilmember Smithson commented he had asked for a very minor correction on the minutes earlier. ) The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating April 11-17 as National Public Safety Telecommunication Week and presented it to Communications Supervisor Jerry Ward. Captain Arnold Freeman commented on the number of calls processed by communications personnel during a recent plane crash. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented Leslie Bennett put together a crew of 8 people that went out into the open space east of the rodeo grounds two Saturdays and gathered an estimated 5 tons of trash and over 60 tires . He thanked parks and recreation, code enforcement, and court personnel for helping out . CITY MANAGER' S REPORT City Manager George Hoffman commented on the upcoming spaghetti dinner event for the Boys and Girls Club. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 2 OF 35 ORDINANCE NO. 1380, AMENDING THE CITY CODE, TRAFFIC SECTIONS 12-3-8 HANDICAPPED PARKING AND 12-5-7 SCHEDULE OF SANCTIONS ) City Attorney Joel Stern briefed the council on the item. — Vice Mayor Dietz commented prior to this being changed if someone had a placard hanging on their mirror and it happened to have fallen, they could have received a citation for it and the judge would have to charge a $300 fine. City Attorney Joel Stern stated that is correct . It was a mandatory $300 fine. Vice Mayor Dietz stated that $300 fine was regardless of if they had it legally or whatever. This gives the judge discretion in reducing that fine under certain circumstances . City Attorney Joel Stern stated that is correct. Mayor Insalaco opened the public hearing. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Barker commented there is $50 on page two of four and on page three of .m kk four where the column says initial sanction when paid within 7 calendar days, it still says $300 . It is a little misleading if someone is told that they owed the $50 . She asked if they could put $50 or $300 as ordered. City Attorney Joel Stern stated the ordinance needs to be read as a whole. Hopefully when someone is trying to figure out if they have to pay the $300 or they are trying to get out of the $300 they will have looked in subsection A. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 3 OF 35 Councilmember Barker commented he is saying she is being picky. City Attorney Joel Stern stated in this case if they go to trial the judge would have this ordinance in front of him. The judge would then say if they want to go to trial that would be fine but he would only give them a $50 fine. The judge will need to keep track of people who keep coming back. Councilmember Barker commented these are the people who drop their placards . City Attorney Joel Stern stated that is correct . In his prior experience in another city in another state, people would keep coming back and back and back. They would say they did not do it and they would see these people 3 or 4 times and they would get their case dismissed or vastly reduced. He hoped that would not happen here. These are not criminal cases so he would probably not see filings . It is the citation that is written by the police department that gets filed directly with the court His office never gets involved because they are civil violations . Mayor Insalaco closed the discussion and called for a motion. Councilmember Smithson MOVED THAT ORDINANCE NO. 1380 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Smithson MOVED THAT ORDINANCE NO. 1380, AS READ BY THE CITY CLERK, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 4 OF 35 Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1381, AMENDING AND ,.� READOPTING SECTIONS 1-15-19-C, 1- 16-19-D AND 1-16-19-E ACCESSORY BUILDINGS AND STORAGE SHEDS OF THE ZONING CODE REGARDING HEIGHT, SIZE AND DESIGN REQUIREMENTS FOR ACCESSORY BUILDINGS Development Services Director Brad Steinke briefed the council on the item. Councilmember Smithson asked him to define compatibility. Development Services Director Brad Steinke stated he could not . This is where this whole problem started from. To try to create a standard for compatibility is almost impossible. They are trying to create standards that get them there without the need for staff to be the judge of artwork and design. Compatibility would mean that if the house was designed with stucco, the accessory building should maybe be designed at least partially with stucco. If it is designed with brick then maybe the accessory building should be brick. It is a fluid and open interpretation that has been troublesome. City Attorney Joel Stern stated the zoning administrator would have the ability to put everything together based on the facts and decide what is compatible. If the individual did not like the requirement, it could be appealed to the board of adjustment . The board of adjustment would be the fact finder and the one to rule on it if it was taken that far There is an appellate and a review of that . Councilmember Smithson commented it is not appealable from them. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 5 OF 35 City Attorney Joel Stern stated they can go to court . Councilmember Smithson stated it is not appealable to the city council or any other municipal body. City Attorney Joel Stern stated it is not . The zoning administrator' s orders are �. appealable to the board of adjustment. Councilmember Barker commented if there is no definition for compatibility there would be no definition for consistency either. That is the phrase that he uses in the ordinance. Development Services Director Brad Steinke stated it would be a working interpretation that over time gets defined through application. What triggered this whole thing was that staff interpreted a Quonset hut to be compatible with a home in the R1-43 district based on the language in the code which said that simply spraying a metal building with textured paint would by definition be compatible. That was the message they had heard from a previous council and they interpreted it that way. Clearly, members from that neighborhood thought it was a misguided interpretation. That is part of what we want to change here so that it does not happen again. It is very difficult to legislate and we will never get it exactly right. It is why the safety valve that Joel talked about is there. He continued with his briefing. Councilmember Smithson asked .- if the metal building can be higher than the main building. Development Services Director Brad Steinke stated it cannot. Councilmember Smithson commented it says it exempts it . He asked if that exempts it from number two or number one. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 6 OF 35 Development Services Director Brad Steinke stated it exempts it from the design standards, not the height and size standards . He continued with his briefing. Councilmember Smithson asked if the decision of the planning and zoning commission on a special use permit is appealable to the city council . Development Services Director Brad Steinke stated that is correct . He continued with his briefing. Councilmember Barker commented the corrugated on the slide prior, the wider corrugated, and the decorative to the far right look alike. Development Services Director Brad Steinke stated they are very close. That is exactly the problem and the question he is posing to them. It is not by definition corrugated siding. It is a board on batten-type of design for siding. Councilmember Barker commented corrugated is corrugated for a structural purpose. Development Services Director Brad Steinke state not necessarily. Councilmember Barker commented he has said the decorative would be fine. She asked if they would still be fine if their dwelling was stucco. Development Services Director Brad Steinke stated it would. Councilmember Barker commented they do not have to stucco these. Development Services Director Brad Steinke stated that is correct This type of material can qualify as compatible material. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 7 OF 35 Councilmember Barker commented this type of material could be used for accessory building no matter what the residence is made out of and it would be acceptable. Development Services Director Brad Steinke stated that is correct. Councilmember Barker s•� commented they will not have to have a wood building if they have a wood house or a stucco building if they have a stucco house. Development Services Director Brad Steinke stated that is correct. They are trying to distance themselves from making that decision. Councilmember Barker commented that cleared one thing up. Development Services Director Brad Steinke stated this is the gray area and they are going to enter into that . There are buildings that look very close to corrugated but are not by definition corrugated. He continued with his briefing. Councilmember Smithson commented these buildings also appear to have color that is part of the material rather than painted. Development Services Director Brad Steinke stated they are all painted He continued with his briefing on partial walls and open air walls . Councilmember Smithson commented that the corrugated walls that are legal here do not have to be colored. Development Services Director Brad Steinke stated that is correct. Councilmember Serdy commented the paint jobs would not be acceptable. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 8 OF 35 Development Services Director Brad Steinke stated the green building probably is not defined as earth tone. Up north it would be but not so much down here. They do have a color palette in the design guidelines if that becomes an issue. He continued with his briefing. Councilmember Smithson asked what it would take for this to apply only to the square mile. Development Services Director Brad Steinke stated they might be able to target it to this one square mile. In the past where there has been an area that they want to have specific standards that are different from the zoning code, either adding standards or taking away standards, the city has done it with a planned development . Tonight would be a zoning text amendment; in the past it has been a zoning map amendment. They had taken the property and declared it to be a planned development, added the conditions they wanted and then they have to comply with those conditions . That is a six month process . Vice Mayor Dietz asked if they could make this change for R1-43 period without going through and doing a zoning change and doing everything because it is already an R1-43 . They are taking the R1-43/MH and R1- 43/PD out. City Attorney Joel Stern stated if they wanted to do that and keep it to a smaller area than normal he would suggest they follow the development services director' s recommended planned development zoning. They would need to notify the property owners and it would be a map amendment versus a text amendment . This is similar to when they did the downtown planned development that applied a group of rules to just the downtown area. It is to a specific geographical area. If they do that they would need a direction to staff to send it back through planning and zoning, there would be the notification process of everyone within the zone and within 300 feet of the zone, it would then go through the council with public hearings and an eventual vote. It would be a full blown map amendment. He would recommend that on something like this as it is a use. Otherwise it would look like they are trying to avoid the zoning rules of Arizona. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 9 OF 35 Vice Mayor Dietz commented it is R1-43 now and we are not changing that . We are just taking the MH and PD off of this ordinance. He asked if that could be done without doing a map amendment . City Attorney Joel Stern stated for consistency' s stake and consistency in this matter means it is similar to other ways that you have done other accessory building requirements in other zones . The other zones �.., have them embedded in their actual zoning classifications . He thinks they would want to have something very close to that if not a planned development. A planned development would do it also. Just to put it under the general provisions like this is, correctly under Article 6, an argument might be made that they are trying to get around zoning rights . He would not recommend doing that tonight . Councilmember Smithson commented other than a few isolated parcels that are in residential areas, the only other area covered is what is now state land or federal land. When that land comes in the requirements on it would require basically a major plan where we could impose regulations on it if we wanted to or ease regulations on it . He asked if that is correct . Development Services Director Brad Steinke stated that state and federal land are pre-zoned as R1-43/PD so any development that occurs on that must go through planned development . City Attorney Joel Stern stated the position of the State Land Department may be that they have the zoning but it does not really apply to this. That is an extreme that could happen. He wanted to make sure they are aware of that . Councilmember Smithson stated they could always say they are not going to sell it unless the city put something else on it that is consistent with the plan they would have for it. City Attorney Joel Stern stated they can always sell the land and then the developer can REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 10 OF 35 .. A. come to us and say they want to put in 3, 000 houses and commercial . The city could then say it was not zoned correctly. The developer could say they do not have to follow that and the city says they have to. At that point the lawsuits start. They do not ever want to be in that position with State Land. We have not been at this point . It is a possibility and it is his job to point that out. A. Vice Mayor Dietz asked if the property would be out of State Land' s hands if it were sold. City Attorney Joel Stern stated State Land sells land however they want to sell it and hopefully the zoning is already there or they try to get the city to zone it the way they would like it for their market. Vice Mayor Dietz commented he does not understand how State Land could interfere if they had already sold the property under the R1-43 zoning as it is right now. If a developer comes in and wants a zoning change to do what they want State Land could not step back in. City Attorney Joel Stern stated once it is sold he is correct . Vice Mayor Dietz commented it is out of their hands. City Attorney Joel Stern stated if the city had come in and rezoned it already it could be problematic. He is sorry he brought it up as it will A. probably never happen but one never knows . He wanted them to be aware of it. Councilmember Smithson commented another issue that has come up several times tonight and in the petitions is the concern that this is the camel' s nose under the tent and if this is adopted it will spread to other areas . He asked him for a response to that issue. Development Services Director Brad Steinke stated he has been hearing those same things . Staff would not have put this on the planning and zoning REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 11 OF 35 commission' s desk at this point in time when they are reviewing the entire zoning code. This is truly a grass roots effort. This neighborhood group has continued to say they only want it to apply to that one square mile. They have no designs on changing the character of the city. He has heard from some of the residents that their goal is to try to maintain the quality and integrity of the district . It is why they are here in the city and why they are in that district . They do not want it changed but strengthened. This is their ordinance that has been ..... modified coming forward. He has not heard from any planning and zoning commissioner or from the council that this is the camel' s nose under the tent and that this is what they want to see the whole city turn into. It has never been a blip on the radar screen. Vice Mayor Dietz commented it seems that a number of people think that the city is going to change all the general rules and the rules in the county islands; that it will all be changed to the same zoning. He believes it was misinformation. Development Services Director Brad Steinke continued with his briefing. Councilmember Barker commented she had sent him multiple questions and she thanked him for answering them again. She had asked him how many animals a person could have and he had told her two pigs, two head of cattle and two whatever per acre. She asked if that goes for horses, too. Development Services Director Amok Brad Steinke stated horses are unlimited. They have to have a minimum of 1 . 25 acres gross . Councilmember Barker asked what the average lot size is there. Development Services Director Brad Steinke asked if she meant the one mile square area. Councilmember Barker stated that is correct. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 12 OF 35 i. Development Services Director Brad Steinke stated if they had GIS he would have it immediately. Councilmember Barker commented that is one she did not ask him when he was at a point where he might have been able to get it . Councilmember Smithson asked what the minimum lot size requirement is in the ordinance. Development Services Director Brad Steinke stated the ordinance does not change the requirement for minimum lot size in R1-43 . It is 1 . 25 acres gross . Councilmember Barker commented the idea that the accessory building can be no larger than the footprint of main dwelling or the height of the main dwelling would probably exclude such things as barns. Development Services Director Brad Steinke stated it would if it was a 10' high house. Councilmember Barker asked how high normal barns are . She does not know these answers . She will get, very upset if they laugh at her. She is asking for herseT ` !' -2She does not know these answers . She is not looking to show off for anybody. She literally wants the answers. She again asked how high a barn is . Development Services Director Brad Steinke stated all of the barns currently in the R1-43 should be less than 25' in size. Councilmember Barker asked if that is the norm if there is a norm. Development Services Director Brad Steinke stated he comes from Wisconsin. Barns are like 40' high up there . REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 13 OF 35 Councilmember Barker commented Councilmember Wilson has a barn. Councilmember Wilson stated it depends on the design of the barn. If it has a center section that is open it can exceed. If they are going to have a squeeze of hay delivered, the minimum height for that to be delivered is 14' to 17' according to three different hay providers . Fourteen feet could be a problem, especially if they have wood pallets underneath the hay. Councilmember Barker commented 25' sounds like a doable thing. Councilmember Wilson stated that is correct . Councilmember Barker commented the idea is to build a big house. She asked if covered arenas are low, high or in between. Development Services Director Brad Steinke stated he is not the person to answer that. Every arena he has seen down here in the valley appears to be less than 25' in height unless it is a decorative roof. Councilmember Barker commented what they are going for is a pitched roof somewhere. They would want a pitched roof on the top to give them the height . He had already answered the question that she had regarding if the building is stucco does the accessory building have to be stucco and no it does not . It could be decorative metal . They can use decorative metal no matter what the house is like. She is having a problem with the vagueness of the words compatibility and consistency and the vagueness of the difference between corrugated and decorative metal . Development Services Director Brad Steinke stated if he were to have created a zoning district from scratch without input from others he probably would not try to make that distinction. They know the difference between the corrugated siding and the other forms of siding. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 14 OF 35 Councilmember Barker commented because they say so. Development Services Director Brad Steinke stated that is correct . If the siding is not corrugated it will not advertise itself as corrugated. Councilmember Barker 40106. commented if they say it is corrugated we call it corrugated. Development Services Director Brad Steinke stated it is a building term. Whether or not the distinction in the way it looks is enough for her could be a possibility. Councilmember Barker commented she has worried over this for weeks now as many of them have. According to Mr. Cross who did a lot of statistical stuff, and she thanked him for that, and presuming that he is correct, our first petition has approximately 21% of the area. It was more to the southeast corner of that . The second petition which they received yesterday has a few more, having about 29% of the people represented in the area. Out of the 313 residences that Mr. Cross feels are there, it seems like we have 130 some people who have signed these petitions . The idea of putting a planned development over this entire area is probably not going to come as a very happy thought to at least half of the people in the area as they have said they do not like this idea. This has become such a conundrum. It seems to her this is a neighborhood issue that should have been taken care of in the neighborhood. Now it has opened a huge can of worms that is not about just Quonset huts but about metal buildings and what kind of sides they have on them. This has expanded and grown like a disease. The council could say no more Quonset huts in R1-43 and tackle the metal buildings some other time. It will make a lot of people unhappy but it can be done. The council could also say they are not going to do anything and let them handle it themselves . It is their property and they can do with it what they need to do with it. Or the council could put it on a ballot . The whole city could vote on it . She does not think they would like that but it is something that could be done. She does not have the answer to this problem. She had a lot of questions and thanked staff for spending many hours with her REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 15 OF 35 this past week - legal, development services, Rudy, Kathy, George and everybody for trying to help her out on this. She is willing to listen to what anyone has to say. She hopes a light bulb will come on and say it is a great solution and most people will probably be happy with this. She does not believe they can make everybody happy with this, but perhaps one of her brilliant colleagues up here or one of our brilliant residents out there will have the wonderful idea that will do it . Councilmember Wilson thanked Brad for answering several of the questions he had. He wanted to bring out that even if this passed someone could have ten 10X12 sheds of corrugated metal on their property and they would be legal . Development Services Director Brad Steinke stated the little ones would be legal . Councilmember Wilson commented he had a conversation with an attorney about outlawing the Quonset huts . The attorney believed it could be classified as a taking underneath Proposition 207 that was passed by voters a few years ago. If we used a three-sided metal building that would be okay for horses and hay storage. A neighbor could not have a garage using the same type of metal because it is totally enclosed. He repeatedly said he thought it would be a taking. He asked if city staff felt the same way. Development Services Director Brad Steinke stated anyone can sue anybody for anything anytime. City Attorney Joel Stern �► stated Proposition 207 is the diminution in value proposition that came forth 3 or 4 years ago. There has not been a lot of case law on interpreting it. It basically says if the government passes a rule or regulation or ordinance that somehow reduces the fair market value of my property, it decreases in value because of that rule, regulation or ordinance, then he would have a claim against the state. There is a lot of proof that has to be made in that. For example, George has a piece of property in this area and they pass the ordinance saying no Quonset huts . George wants to have a Quonset hut . Mr. Steinke will not approve it because of the rule being passed. George REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 16 OF 35 would have to come up with an expert witness stating he lost value because he cannot have a Quonset hut on the property. The value of a Quonset hut would probably be the storage . They are very good for storage. Some people even like the way they look. If they paint it camouflage colors and it blends in, there should be no problem as it cannot be seen. They can be camouflaged pretty well . The real legal issue is if it diminished the value of his rights . They would have to come up with the proof. It is not automatic. Councilmember Barker asked what about the zoning that was standing at the time Proposition 207 was passed. City Attorney Joel Stern stated the statute directly says any rule, regulation or zoning that was passed after the date of passage. The first statute was passed in 1998 and it got amended in 2010 . There is some case law on it but there has not been a lot of interpretation of it. Councilmember Barker commented it is kind of like compatibility and consistency. City Attorney Joel Stern stated it is kind of like that but also the economy took a dive on the market values. Part of the problem is there has not been a lot of development . There has been one case in Flagstaff and one in Sahuarita. Anybody could sue anybody for anything anytime whether it is a valid claim is another issue. Another issue is there is a dispute on how to file the claim and whether it conflicts with other claims or statutes . It gets very complicated. It could be a long road before there is any recovery. It could be a two-year process if it goes to the court of appeals . Councilmember Wilson commented he was asked if the homeowners there could form a homeowners association. He asked if that would be possible. Councilmember Barker commented she did not think that would be possible there. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 17 OF 35 ....... — City Attorney Joel Stern commented he believes the question was can an established subdivision that does not currently have a homeowners association or CC&Rs establish a homeowners association or CC&Rs that would apply to just a limited number of lots . The legal answer is probably. There is no statute on it but there is case law. In order to do that they would need 100o of the owners of the parcel within the area they are trying to impose it on. They would have to agree. In addition to the owners, it would have to be any lenders if the houses are not owned outright, such as the banks and possibly beneficiaries . The case law is blurry on that . Two or three streets could do it to impose deed restrictions and they would not have any dues. They would basically be saying no Quonset huts. Deed restrictions are enforceable but they would probably have to be enforced by the individuals within the certain area. If there is no homeowners association to cover the cost, it would be split . They had a situation a while back where there was a subdivision with deed restrictions but they did not have a homeowners association and the question was how weeds in the front yard are dealt with. There was no homeowners association that could fine them and impose penalties . It would be a court action by a group of homeowners to enforce it . It is a little more complicated. To get a Quonset hut off a property after someone just put it up they would have to take it to Pinal County Superior Court to enforce it. Councilmember Wilson commented he received several telephone calls and letters concerning having tall buildings within 10' of their property lines . It would affect their views, one of the reasons they purchased the property and live in the area. In his research to see if any other city has a similar ban on metal-type buildings of which he found none, he ran across one for Scottsdale which he suggested they look at . It is for a gradual increasing height for buildings. Basically the height is limited to lower level at the setback and as it goes further into the property it would go up to the maximum of twenty-five feet . Councilmember Serdy commented they approved something similar at Community Christian Church. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 18 OF 35 Councilmember Barker stated that involved the view shed. Councilmember Wilson asked if they could do something like that to relieve the concerns of some of the neighbors and the aspect of having a tall building right next to their property. City Attorney Joel Stern stated part of that is a policy question and part of that is legal . He stated the legal part is under A. R. S. § 9-462 . 01 (A) municipalities may regulate the location, height, bulk, number of stories and size of buildings and structures and may establish and maintain building setback lines . This means the council can do this . He believes it is called a stepback requirement, meaning the closer you get to the middle of your property, there could be a gradual increase in height . That is so it does not offend the adjoining property owners . They could not have a 20' wall at the property line. The 20' height would be closer to the center of the property. He believes Scottsdale and Paradise Valley have similar ordinances . They apply to the mountain areas more than to the downtown areas . Development Services Director Brad Steinke stated he would answer the zoning question. It has been done. It has been done in large cities where they want to have the wedding cake effect. They could do that but he does not recommend doing that on the floor tonight . City Attorney Joel Stern commented the policy question was if it would alleviate some of the concerns of the public. Development Services Director Brad Steinke stated right now it can be 10' away. If they say they can have a larger building that is 20' away and would it make it difference, it would some . From a practical standpoint, if someone is staring at a 20' metal building, whether it is 10' or 20' away one is still staring at it . Councilmember Wilson commented they could be staring at a 25' building which is a residential home as well . REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 19 OF 35 Development Services Director Brad Steinke stated the residential home generally has a little more character than an accessory building. It is a policy matter that would be deferred to the council but it certainly could be done. If that is what the council wants staff will come back with something. Councilmember Barker commented as the public comes forward to speak, she encouraged ,...... them to ask questions so that the council can have staff answer those questions . She asked if that would be permissible. City Attorney Joel Stern stated typically, and if they want the evening to go a little faster, they could have the person get their five minutes and someone will take down the questions and the answers could be given afterwards . If they are interacting in the five minutes with questions for the council or staff, the question is does the time clock end. In the supreme court one gets 20 minutes for their case. If they get interrupted by a justice and have to spend the rest of the time explaining their position, the chief justice then says the time is up even though the other ten points have not been discussed. He does not know how that will work with the time. Councilmember Barker commented he is saying people can ask questions and that staff can address those questions at the end of the public hearing. City Attorney Joel Stern stated they could also do it her way, which is to do it during the hearing. Councilmember Barker commented she just wants staff to be able to answer those questions tonight rather than saying staff heard the questions and they will get back with them. People are here to find out what is going to go on. City Attorney Joel Stern asked if it would satisfy her if a staff member takes down the questions and then staff answers them after the hearing. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 20 OF 35 Councilmember Barker stated it would. She wants people to be able to ask questions and get answers . City Attorney Joel Stern stated they can do that rather than the interactive part . It is up to her. Councilmember Barker stated she would rather have them ask questions and get the answers after the public hearing was closed. Councilmember Serdy commented the corrugation is what gives the metal its strength. He is not sure if the decorative is floppy. He asked if the gauge would matter on this. There are some pretty big buildings and they have to be corrugated so that it is structurally sound. Development Services Director Brad Steinke stated he is mixing structural with siding. The galvanized, prefabricated corrugated can serve as a wall itself without anything else. That is what pole barns are. The decorative siding is applied to a wall . City Attorney Joel Stern requested a five minute break. Mayor Insalaco called for a five minute break. Mayor Insalaco reconvened the meeting. He advised Vice Mayor Dietz had to leave because of a medical emergency at home. He then opened the public hearing. Mr. Darryl Cross, 1018 N. Acacia, Apache Junction, addressed the council . He showed some pictures on the overhead projector while he spoke. He commented he and his neighbor submitted letters to be put in the packet and they are not in the packet and he asked why. Mayor Insalaco and Councilmember Barker commented that they have them. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 21 OF 35 Mr. Darryl Cross stated he did not find it in the agenda part . Mayor Insalaco commented the council has them. Mr. Darryl Cross stated he wanted it part of the record. The first petition does not have any signatures from west of Cortez . The new petition has a fair .�. representation of signatures from west of Cortez . The petition he helped pass around has signatures from residents that signed the first one that were eager to sign the second one when they found out that it would be an outright ban on all metal buildings . Mayor Insalaco commented that is not true. Mr. Darryl Cross stated originally that is what a lot of people thought . That is why they were eager to sign the second petition. City Attorney Joel Stern stated he is not sure they want to interact with him but that is their decision. Mayor Insalaco commented they do not want any false statements or rumors going out without saying anything. It is not an all and out ban on metal buildings . City Attorney Joel Stern stated he knows that but it could be brought up later if he wants to do that while he is speaking. Mayor Insalaco apologized and asked Mr. Darryl Cross to continue. Mr. Darryl Cross stated the reason why people want metal buildings in the first place is for their stuff. Stuff that they want to put away such as boats, RVs and travel trailers . The metal building is cost effective and fills those needs . It puts things out of sight and out of REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 22 OF 35 mind. He showed some examples of metal buildings and commented adding a few architectural changes to a metal building can make them look nice . Some have 40 year paint warranties . He also showed pictures of stucco buildings . He requested this stop with a ban on Quonset huts only or they have a discussion with the residents and come up with good, viable solutions . A lot of the residents he talked to strongly want nice metal buildings where they can store their stuff. Ms . Connie Wegeng, 1431 N. Cortez, Apache Junction, addressed the council . She stated when she signed the petition she was shown cute little buildings and she wants her name taken off that petition She gave a history of the area regarding zoning and accessory buildings . She commented all but one council member live in subdivisions where accessory buildings are not allowed. They do not want a homeowners association. They want good zoning. The city has spent $250, 000 to create a good image and without a good image and zoning in their neighborhood they will not get people to move to the area . More than half the homes in Section 15 have been built since 2000. They do not want commercial-looking buildings in the area. Ms . Cathy Diroff, 860 N. Wickiup, Apache Junction, addressed the council . She stated they moved here for the rural lifestyle, previously owning a park model for 12 years before purchasing their current residence two-and-a-half months ago. They have attended planning and zoning meetings on this issue to speak out against the Quonset huts . She is in support of the metal buildings; not all corrugated buildings are the same . They have owned several high end metal buildings throughout the years . She commented on several enhancements that can make the buildings attractive. The new changes will severely limit the accessory building they want to build. It is not just an issue for horse owners . It is a property rights issue. She and her husband collected signatures in the past several weeks opposing the ban on metal buildings over 10X12 . They went to as many non-horse properties as horse properties . With Darryl Cross they collected 122 signatures; deleting the one woman' s name they have 121 signatures in R1-43 zoning. They also collected 73 signatures of people living outside but close to the R1-43 area. These people feel if these restrictions are passed in R1-43 they will REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 23 OF 35 soon affect them. This issue started with some residents upset about a bright, shiny Quonset hut in their R1-43 neighborhood. She agrees with that and wonders how it got through planning and zoning. But to say they represent most of the R1-43 residents in banning metal buildings was an overstatement . As Brad Steinke cannot define consistency or compatibility she thinks it is time to go back to the drawing board. Her husband asked her to say that if you cannot define it, you cannot make it law. p Ms . Lori Bullock, 1675 W. Acacia, Apache Junction, had filled out a form but had already left . Ms . Valerie Beemer, 1841 E. Tepee, Apache Junction, addressed the council . She is the president of Superstition Mountain Horsemen' s Association. There is a question on whether metal buildings or Quonset huts have an effect on property values . She discussed it with several realtors and appraisers . She has been a realtor for almost 10 years . They do not affect the property values . Never once has a buyer told her he wished a building was not metal. It is really just for the eye. There is a difference of opinion out where we live. She is not looking for a bunch of restrictions where she lives . They and the opposition agree with some things and she believes they are very close. They agree that they do not like Quonset huts, supersized commercial buildings and homeowners associations . It would be a disservice of the city council to disregard the wishes of the people who live this area and who signed the petitions so that their opinion could be duly heard. Their petition is 122 names, the opposition' s is 106. They represent 70 homes, the opposition 50 . She does not think the smaller homes have been taken into ^ consideration. People come out here because they want to have their big toys like buses. They could not cover the bus with these restrictions . The current proposal is unclear and should not be passed. She agreed with Councilmember Barker to pass the ban on Quonset huts and go back to the drawing board on the rest. The proposed ordinance should benefit the majority, not the minority. Ms . Diana LaClaire, 2521 E. Windsong, Apache Junction, addressed the council . She stated they purchased their home in 1998 with the intent to build a REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 24 OF 35 .... shop that her husband had always wanted. It is a 25' metal corrugated building but it was offset so that it is no higher than their home and it is in desert tones . What she has heard tonight is very disconcerting as it is so vague. One can put up a 3-story 25' building but if a fourth wall is added it is not okay. One can have metal that looks like corrugated metal but if it is corrugated metal it is not okay. One can litter the property with multiple buildings as long as they are the size of one' s home . One can have a two story home that obstructs someone' s view but if it has character it is okay. She and her husband oppose this overly restrictive ordinance. One square mile should not be singled out . She would like it left the way it is . They should be able to work things out without restricting property rights . Mr. David Bowling, 1310 N. Starr, Apache Junction, addressed the council . He stated he appreciated all the comments brought out tonight . There does not seem to be any disagreement that no one wants Quonset huts in this area. The person who puts a Quonset hut on his property could say that his property values have been raised by it being on his property, but the surrounding neighbors could also say their property values were lowered by having that Quonset hut there . He recommended that since they all agree that they do not want Quonset huts in this area that is reserved for stick built homes by the zoning that they should vote tonight to ban Quonset huts and then go back and clarify the rest of the ordinance to have agreement on what else can be constructed there. He can view the Quonset hut from his property and he does not want to say there are legal grounds he is willing to pursue if this is not taken care of because it has not come to Ask that yet . He has obtained legal advice in that regard and obtained legal precedent from neighboring communities . Mr. Jeff Watson, 2140 N. Warner, Apache Junction, addressed the council . He wanted to clarify things for Councilmember Barker. Prefabricated barn sides are baked enamel on the back of a hardwood board. They can either be structurally set in by themselves or they can be bolted onto it. The barn structure has its own support posts set through the barn whereas corrugated metal does not . Walls can be taken out and put back in and they have 20 years to 40 years of life on them. A covered riding arena has to be tall . REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 25 OF 35 He is 6' tall and rides a 17 hand horse. He is 8' 8" off the ground. It would have to have a minimum roof structure of at least 10' . It would have to be 12' to get a water truck underneath it . It can be a pretty tall roof. The roof structures are designed for strength. If it is a 300X150 arena it will be 25' to 30' in the air to get the support needed. If they are looking at covering a bus with an air conditioner on it, those are 13' 6" . They would need a cover taller than that to back it into to get it out of view. ,,. Mr. Al Buckmeier, 1187 N. Starr, Apache Junction, addressed the council. He does not think anyone in here wants a homeowners association, and maybe only a couple want Quonset huts . They do not want a Quonset hut replaced with a 14' or 16' steel building that has a 3-12 pitch on it . The steel buildings are detrimental to property values . He owns 19 pieces of property and he knows what hurts the sale of properties . He is a horseman and does not look at this as a horse issue. They have tried to exclude the horse structures . Horse people do not build 14' to 16' side wall steel commercial buildings that they want to stop. City staff stated they could not regulate it between horse people and someone wanting to put up an egg building. He had a steel building franchise for 15 years and has some insight into them. He suggested setting a side wall standard for horse structures and they can have whatever they want on it . He knows people with 8' side wall structures for horse buildings with 3-12 pitch that are plenty high. B&B and Superstition Feed do not have the equipment to deliver a squeeze of hay. Some outside outfits can. It would just be a roof cover as they do not worry about losing a little bit of hay here and there. A squeeze load can still fit in a 10X12 building stacked 6 high and there is still room by the •.. door. He commented on the kind of structures that could be built out there but, if they were, people might then move to Gold Canyon. He suggested setting a standard for the horse people. He does not think the size of the house for the accessory building will work out. They might want to go as high as 4, 000 sq. ft. Ms . Thea Richardson-Proesch, who lives on Shiprock, addressed the council . She does not want Quonset huts and has no problem with metal buildings . She was one of the original grass roots people on this and it was just REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 26 OF 35 about Quonset huts to begin with. They need to get together and talk instead of having accusations and work things out . Mr Jim Foster, 1841 E. Tepee, Apache Junction, addressed the council. He believes 94% of the people here do not want a Quonset hut by them. He disagreed that a squeeze of hay could be put in a 10X12 shed. They have maintenance issues in the community with painting on stick and mortar houses and buildings . These structures have a 20 to 40 year life span on their paint . There are no roofing issues . Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Barker commented it appears the general consensus is to go back and talk this over and that no one wants Quonset huts. They need to get staff and these folks together to figure out how best to serve that zoning area. She appreciated the education on the barns . Her only frame of reference came from when she was a little girl in her grandfather' s barn which looked so high to her. She knows nothing about a squeeze except it is something you do to your husband. She thanked them for some really good comments that clarified their position. She appreciated it very much. Councilmember Smithson commented he appreciated all the testimony and it appears the two sides are not that far apart . He agrees with Robin that they should get the two sides together. He does not know if they could pass an ordinance tonight to exclude Quonset huts and come back for the rest . He believes if they got all these people together they would get something that would be a lot simpler and would satisfy just about everyone. He does not believe there is much disagreement between everyone. He asked if the ordinance is constructed where they could prohibit Quonset huts and continue the rest of it . City Attorney Joel Stern stated he would not recommend that . It was written for a different purpose. They would have to throw in some new REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 27 OF 35 ... .. recitals . There would have to be some legal support for excluding one type of building. He is not sure the testimony really addressed that tonight . There are people that do not want them, but there has to be a health/safety/welfare justification. He recommends rewriting it if that is the only reason they want to pass something. He would also recommend some kind of neighborhood meeting with staff. Councilmember Serdy asked if there would be grandfathering of the Quonset hut that is there. He commented if they do not get some relief tonight people might go out and slap Quonset huts up saying they got in under the limit . He thinks they might want to put a moratorium or freeze on them right now so that no more go in during the meantime. City Attorney Joel Stern stated a moratorium is not on the agenda. Even if it was passed tonight there is no emergency clause. Councilmember Barker commented they would still have 30 days . City Attorney Joel Stern stated that is correct and it is also subject to referendum. Development Services Director Brad Steinke stated the reason why staff approved a Quonset hut that started this whole thing rolling is because they judged a previous council' s message to us that Quonset huts were, by definition, compatible with a main structure as long as you covered them with textured paint . They were following the bouncing ball . If this council tells them that is not the interpretation they should be making with the existing ordinance then they will not approve any more Quonset huts . He does think they need to clarify this but do it the right way, not on the floor. There were a number of other things that popped up. They would be happy to meet with a select number of people that would like to sit on a 10 or less committee, it cannot be a 50 person thing or it will go crazy, but like they did with the horse boarding. This is the way to get at this . City Attorney Joel Stern commented he is saying that administratively if someone comes to REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 28 OF 35 the front counter and says they want a Quonset hut and hands them a plan, he, as the development services director would not approve it or his senior planner would not approve it . Development Services Director Brad Steinke stated that is correct . City Attorney Joel Stern .•► commented that as this is the zoning administrator position that could be appealed to the board of adjustment . Development Services Director Brad Steinke stated that is correct. City Attorney Joel Stern stated that is how it would work. The council would never get involved in it from that standpoint . Councilmember Barker asked if there were any questions in there that he felt needed to be answered. It seemed to her that most of it was statements . Development Services Director Brad Steinke stated that is correct . There is nothing in there that he would have objected to or been concerned with. City Attorney Joel Stern stated he only heard two questions from all these people and they were from Darryl Cross . One was why his statements were not in the packet; the council answered that they were. The other was a throw out question as to why people wanted metal ''l. buildings and he answered that himself. Mayor Insalaco thanked everyone for being civil . It was refreshing to see that they could get things done without bickering. He asked if there was any way possible the Quonset hut ordinance could be done by the next meeting. City Attorney Joel Stern stated there is a publishing requirement . Legally they do not have the time for it . The city clerk would have to post it and you do not have the time. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 29 OF 35 Mayor Insalaco asked if they could do it on the first meeting in May. City Clerk Kathleen Connelly stated that would be the soonest they could do it. City Attorney Joel Stern commented this is a direction to staff to bring back an ordinance that essentially says no Quonset huts in the R1-43 r zone. Mayor Insalaco commented that is correct . City Attorney Joel Stern stated that means the entire R1-43 zone, not just this square mile of R1-43 . Councilmember Smithson stated it would also help with a definition for consistent and compatible. Councilmember Barker commented and hopefully to commercial buildings . That is another one that came up and people were using it differently. It was used in one huge, gargantuan form and it was also used in small form. Somehow there has to be a definition there that helps people understand this site is okay and this site is not okay. She asked if they want our planning staff to come back with an ordinance dealing only with Quonset huts if they are not going to approve of any more Quonset huts at this point . Mayor Insalaco commented Joel said if someone comes to Brad and then they want to bring it to the appeals, it is out of our hands then. City Attorney Joel Stern stated from a legal standpoint, he would rather it be fought out at the zoning administrator level than an attack on the city council or city for an ordinance that prohibits Quonset huts . Councilmember Barker asked him to clarify that . REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 30 OF 35 City Attorney Joel Stern stated he would prefer that they do not pass an ordinance and leave it for the administrative staff to handle those requests . Councilmember Barker commented until such time as they iron out this entire problem. City Attorney Joel Stern stated that is correct . They need to iron out all these types of issues and that means meeting with a select group of residents that want to come forward and speak. Hopefully there is not a lot of them but we will make the time to do that. Mayor Insalaco commented he is saying they should not do the vote on just the Quonset huts . City Attorney Joel Stern stated he would not recommend it . Mayor Insalaco commented he wished he had not said that . City Attorney Joel Stern stated he asked. Mayor Insalaco closed the discussion with no more comments and called for a motion. There was general discussion between Councilmember Barker and City Clerk Kathleen Connelly on the language of the motion. .r Councilmemer Barker MOVED THAT THIS ITEM BE CONTINUED TO A DATE UNCERTAIN AT THIS POINT, AND THAT IN THE MEANTIME STAFF MEET WITH A GROUP OF RESIDENTS FROM THE R1-43 AREA TO TRY TO COME UP WITH A COMPATIBLE AND CONSISTENT ORDINANCE THAT WILL HOPEFULLY HELP TO SETTLE THIS PROBLEM AS IT DEALS WITH METAL STRUCTURES, CORRUGATED STEEL STRUCTURES, QUONSET HUTS, ETC. Councilmember Smithson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 31 OF 35 VOTE: Unanimous . The motion carried. ORDINANCE NO. 1382, REPEALING TOWING SERVICES ORDINANCE NO. 885 IN ITS ENTIRETY City Attorney Joel Stern briefed the council on the item. __ City Clerk Kathleen Connelly stated there is something missing from this ordinance. She had pointed it out in the draft . In the title and in the body there should be a provision for repealing conflicting provisions and it was not included. It should say repealing conflicting provisions, providing for severability and declaring an emergency. The matching text should be in the body of the ordinance as well . City Attorney Joel Stern stated he will go with the city clerk on this but they have had a difference of opinion on this in the past . He will talk to her about it . They will be happy to put those changes in. They would have to state in the motion that those things be added as stated by the city clerk. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1382 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 32 OF 35 Ask Aink City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Barker MOVED THAT ORDINANCE NO. 1382, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT WORDS TO THE EFFECT OF REPEALING CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY BE ADDED TO BOTH THE TITLE AND BODY OF THE Aar ORDINANCE. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Aiwk Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, APRIL 16, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 BE HELD ON TUESDAY, APRIL 17, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Smithson SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 33 OF 35 The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S . Cactus, Apache Junction, addressed the council regarding the second annual spaghetti dinner to benefit the boys and girls club and that on Saturday, April 21, will be the Fifteenth Annual Boys and Girls Club Yesteryear Event at Dolce Vita. r. ADJOURNMENT Mayor Insalaco adjourned the meeting at 9 : 03 p.m. Consent Agenda Items are as follows . 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of March 20 2012 . 3 . Resolution No. 12-10 : A Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, Honoring Veterans and the Active Duty Services of the United States of America By Creating a Display of Flags to be Located at the Northwest Corner of Apache Trail and North Apache Trail . ACCEPTED THIS 17TH DAY OF APRIL, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF APRIL, 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 34 OF 35 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 3rd day of April, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Amok Dated this 10th day of April, 2012 . KATHLEEN CONNELLY City Clerk Ask REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2012 PAGE 35 OF 35 q 1AC HF ,... 4 P " JG, ° v �o C,ity of Apache Junction Home of the Superstition Mountains4R1200. Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM; Consideration of authorizing Mayor to sign the "Term Sheet"with Siemens Industries for the possible implementation of solar facilities for the Library and City Hall buildings. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Consideration to authorize the mayor to sign "Term Sheet"with Siemens Industries as presented at the April 2nd Work Session which is a precursor to a possible future Power Purchasing Agreement for the installation of solar panel facilities. This document is needed for the city and Siemens Industries to pursue needed rebates with the Salt River Project (SRP) for the needed viability of the project FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 Solar Submittal Letter ?ACH Public Works Department 0 et 'A 44.1,240.14 V Z Home of the Superstition Mountains - zo‘4P Date. April 9, 2012 To. Mayor and Members of the City Council Through' George Hoffman, City Manager Giao Pham, Interim Public Works Director From: Shane Kiesow, Public Works Manager Subject. Solar Facilities at City Hall and Library On April 2, 2012 City staff presented for discussion the possibility of solar installations at City Hall and Library. The enclosed "Term Sheet,"which is a precursor to a future possible Power Purchasing Agreement, needs City Council approval for the Mayor to sign which would allow the City and Siemens Industries to pursue needed rebates with Salt River Project(SRP). The viability of this project will depend on these rebates This item is planned consent item for April 17th City Council regular session with City staff requesting the City Council authorization for the Mayor to sign the"Term Sheet" needed for continued pursuit of these two solar projects 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480)982-8005 &C HF,/G °40� �o City of Apache Junction Home of the .S upet:f11tzo11 Alountains 4PizON* Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Consideration of Resolution No. 12-08, Committing Local Funds as Leverage for Fiscal Year 2012 Community Development Block Grant and State Special Project Applications ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The City of Apache Junction is anticipating receiving approximately $104,276 00 in Community Development Block Grant funding for Fiscal Year 2012. The City of Apache Junction is also submitting an application for the State Special Project funds in which the city may request up to $300,000.00. As part of the application requirements for submission of the applications, a resolution is required if local funds are committed to the project. The resolution binds the city to leverage funding if the submitted applications as identified in Resolution No. 11-49 are awarded. Should the application(s) be denied, the city is not liable for these funds FISCAL IMPACT: Budgeted Expenditure _OPTIONS/ALTERNATIVES: . ederal Law Requirement RECOMMENDATION: Staff respectfully requests that the City Council approve Resolution No. 12-08, Committing Local Funds as Leverage for Fiscal Year 2012 Community Development Block Grant and State Special Project applications. ATTACHMENTS: Click to download 0 Staff Report U Resolution No. 12-08 P ACH O� City of Apache Junction 4A' °NP Development Services Department MEMORANDUM .� DATE: April 5, 2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman,City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT. Consideration of proposed Resolution No 12-08, Committing Local Funds as Leverage for Fiscal Year 2012 Community Development Block Grant and State Special Project Applications. REQUEST Staff respectfully requests that the City Council approve Resolution No. 12-08,Committing Local Funds as Leverage for Fiscal Year 2012("FY12") Community Development Block Grant("CDBG") and State Special Project ("SSP")applications BACKGROUND Since 1974, the United States Department of Housing and Urban Development("HUD")has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives 1) Meet the needs of low and moderate income citizens, 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community. A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since 1982. The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding The City of Apache Junction is anticipating receiving approximately$104,276 in CDBG funds to be used over a two year period of time(January 2013—December 2015). These funds are guaranteed to the community as long as a viable project is submitted for funding to the Arizona Department of AM 1... i Housing("ADOH") The City may retain up to 18%of these funds for administrative costs. This application is due June 1, 2012. The City of Apache Junction is submitting an application for the SSP funds in which the City may request up to $300,000 to be used over a two year period of time.These funds are a statewide competitive grant The City may retain up to 18% of these funds for administrative costs. The application due date is July 16, 2012. Ink The City of Apache Junction conducted the required public participation process and on January 3, 2012, the City Council approved the submittal of applications for both the CDBG and SSP programs for improvements to North Apache Trail. The improvements to North Apache Trail were broken up into three phases which were determined by an outside engineer taking into consideration the grant funding the city would be seeking 1 Phase 1—Roadway Construction: Description Full reconstruction of the roadway. All existing pavement within the project limits will be removed and replaced All concrete curbs and valley gutters will be installed with this phase This project will utilize the same road cross-section recently installed on Plaza Drive The existing storm drain pipes located near the north end of the project will remain in place since it has been determined they are adequately sized to convey storm runoff and they are structurally sound As part of Phase 1 the culvert pipes will be cleaned to remove sediments that have been deposited over time 2 Phase 2—Concrete Flatwork and Electrical System Installation: Description Stamped concrete parking areas and concrete sidewalks will be installed. Electrical and irrigation system underground work will be installed. Design for connection to existing power will be prepared by SRP. 3. Phase 3—Drainage Structure Improvements, Electrical& Landscaping Installations: Description. Headwalls with safety railing and rip-rap erosion protection will be added to the storm drain pipes Street lights (assumed 12 lights)will be installed, and stanchions at each tree well for powered electrical outlets Street lights will match those recently installed on the Plaza Drive project All plant materials (trees, shrubs, decomposed granite) will be installed. Phase one was funded under the city's SSP application for Fiscal Year 2011. The city received $300,000 towards the project DISCUSSION As part of the application requirements for submission of CDBG and SSP applications, a resolution is required if local funds are committed to the project Under the SSP program, leverage funding is ranked and rated higher when applications are being reviewed The resolution binds the city to leverage funding if the submitted applications as identified in Resolution No. 11-49 are awarded Should the application (s) be denied, the city is not liable for these funds The following budget is proposed 2 Phase Two A CDBG Grant Leverage Total Project Cost Construction $ 85,506.32 $ 50,603.68 $ 136,110.00 Staff Time $ 17,619 68 $ 22,000 00 $ 39,619 68 Misc. Admin $ 1,150 00 $ 600 00 $ 1,750 00 $ 104,276 00 $ 73,203 68 $ 177,479 68 Phase Two B SSP Grant Leverage Total Project Cost Construction $ 277,558 56 $ - $ 277,558.56 Staff Time $ 22,441 44 $ - $ 22,441 44 Misc Admin $ - $ - $ - $ 300,000.00 $ - $ 300,000 00 Phase Three Grant Leverage Total Project Cost Construction $ - $ 339,985.00 $ 339,985.00 The applications will propose, if both the CDBG and the SSP applications are awarded,the city will fund Phase Three with Downtown Redevelopment Funding. In summary, the total three phase project will cost $1,323,034.68, of which, $1,142,408.56 is construction costs The balance is related to engineering, staff and administrative costs The city is seeking a total grant investment of$704,276 (53%)towards the project with $618,758.68 (47%) coming from leverage funding. $571,828.68 from redevelopment funding, $45,730 in-kind staff time, and $1,200 administrative costs RECOMMENDATION Staff respectfully recommends that Council approve Resolution No. 12-08, Committing Local Funds as Leverage ACTION REQUIRED Review and discussion of Resolution No. 12-08, Committing Local Funds as Leverage. Attachment One: Resolution No 12-08 3 A RESOLUTION NO. 12-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT AM 16. ("CDBG") AND STATE SPECIAL PROJECTS ("SSP") APPLICATION (S) . WHEREAS, the City of Apache Junction has adopted Resolution No. 11-49 which authorizes submission of an application (s) to the State of Arizona, Department of Housing ("ADOH") for State Special Project Funding, and WHEREAS, that application (s) indicates that $413, 188 . 68 will be committed by the City of Apache Junction as leveraged funds, in the form of cash or resources to be used to complete the project; and WHEREAS, the CDBG Program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body, and that such a commitment contain an opinion by the applicant' s legal counsel that the leveraged funds represent a binding commitment, legally enforceable under State laws NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . 'm, 1) The Mayor and City Council hereby commit $413, 188 . 68 in funds and resources to the FY11 CDBG and the FY10/11 SSP Program, to be used for project costs, contingent upon the receipt of the grant assistance. 2) That the Mayor and City Council of the City of Apache Junction hereby find that this commitment is legally binding based on the legal opinion of the City attorney, and that such funds will be available for an audit at the termination of the grant, if so required by ADOH. RESOLUTION NO. 12-08 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2012 SIGNED AND ATTESTED TO THIS DAY OF 2012 . JOHN INSALACO t. Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J STERN City Attorney RESOLUTION NO 12-08 PAGE 2 OF 2 *gAH 4 "b= C,Zty of i ache Junction Hone of the .S upei:ctztion Mountains 4 PhDs* Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of Resolution No 12-09, Authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for funding to complete a Safe Routes to School Cycle 5 Infrastructure Project ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: In July 2011, the city was notified of a grant award in the amount of$291,166.00 for the installation of sidewalks, curb and gutter, an ADA accessible ramp, and bike lanes surrounding Superstition Mountain Elementary School, Four Peaks Elementary School, and Cactus Canyon Jr. High. The Intergovernmental Agreement and Resolution No 12-09 authorizes the city to enter into the agreement and complete the project as identified in the grant application FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that the City Council approve an Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No 12-09; authorizing the City to enter into an Intergovernmental Agreement (s) for funding under the Safe Routes to School Cycle 5 Infrastructure Program. ATTACHMENTS: Click to download U Staff Report U IGA U Resolution No. 12-09 - P. pC�E✓ a i -� City of Apache Junction aR'Z°c'P Development Services Department MEMORANDUM �. DATE: April 5, 2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke,Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT- Arizona Safe Routes to School Program Cycle 5 Intergovernmental Agreement REQUEST Staff respectfully requests that the City Council approve an Intergovernmental Agreement("IGA") between the City of Apache Junction and the Arizona Department of Transportation ("ADOT")and Resolution No. 12-09; authorizing the City to enter into an Intergovernmental Agreement(s) for funding under the Safe Routes to School Cycle 5 Infrastructure Program. BACKGROUND In 2008 and 2009,the City of Apache Junction submitted and was awarded a grant under the Safe Routes to School Non-Infrastructure Program Cycles 3 and 4 for a program called AJ Safe and Fit .-. The program provided enforcement and education services through the City's Parks and Recreation Department for Superstition Mountain Elementary School ("SMES")and Desert Shadows Middle School now Cactus Canyon Junior High("CCJH") Due to the success of the non-infrastructure grants,the city decided to submit applications for both non-infrastructure and infrastructure activities in 2010. Both grants have been awarded.An IGA for the non-infrastructure project was executed in September 2011 DISCUSSION In July 2011,the City was notified of an award in the amount of$291,166 for the installation of sidewalks, curb and gutter, an ADA accessible ramp, and bike lanes in key locations surrounding the target schools. Each location has different needs and those will be addressed by the proposed project. Cactus Canyon Junior High School ("CCJH"), project area#1 Across from CCJH on the North side of Southern Avenue, the City of Apache Junction proposes to install approximately 740 linear feet of concrete curb and gutter and 3,700 square feet of 5 foot concrete sidewalk The city will also install 20,000 linear feet or approximately 3 8 miles of bike lanes Superstition Mountain Elementary School ("SMES"), project area#2: Across from SMES on the east side of Ironwood Drive between Broadway Avenue and 4th •. Avenue, the City of Apache Junction proposes to install approximately 1,039 linear feet of concrete curb and gutter and 5,195 square feet of 5 foot concrete meandering sidewalk This installation will complete the connection between an existing 5 foot concrete sidewalk, approximately 165 feet north of the intersection of Broadway Avenue and Ironwood Drive, and an existing ADA compliant sidewalk ramp at 4th Avenue. Four Peaks Elementary School ("FPES"), project areas#3 &4: Located on the West side of Idaho Road, south of FPES, at Tepee Road, the City of Apache Junction proposes to install approximately 341 linear feet of concrete curb and gutter, 1,995 square feet of 5 foot sidewalk and an ADA compliant ramp connecting the school to the public library Additionally, the City of Apache Junction also proposes to install 7,450 linear feet or 1.4 miles of bike lane from the school south to the public library On March 7, 2012 the City received the agreement ADOT requires that the signed agreement be accompanied by a resolution The Intergovernmental Agreement and Resolution No 12-09 authorizes the City to enter into the agreement and complete the project as identified in the grant application. RECOMMENDATION Staff respectfully recommends that Council approve the Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No 12-09, authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 5 Infrastructure Program ACTION REQUIRED Consent Agenda Approval Attachment 1: Intergovernmental Agreement ADOT File No IGA/JPA 11-210-I Attachment 2 Resolution No 12-09, Authorizing the City to Enter into an Intergovernmental Agreement 2 ADOT File No IGA/JPA 11-210-I AG Contract No P0012012 Federal Project No. APJ-0(206)A Project Concrete sidewalk &bike lane ADOT Project No.. SF003 02D &01C STIP Amendment 42 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date (effective date) Pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the"State") and APACHE JUNCTION, acting by and through its City Mayor and City Council (the "City"). The State and the City are collectively referred to as"Parties" I. RECITALS 1 The State is empowered by Arizona Revised Statutes §28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3 The Federal—aid Safe Routes to School Program (hereinafter referred to as the SRTS Program) was created by Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act; a Legacy for Users Act (SAFETEA-LU) signed into Public Law (P.L. 109-59) on August 10. 2005 The Federal — aid SRTS Program is administered by the Federal Highway Administration (FHWA) Office of Safety and provides federal funds to State Departments of Transportation to create and administer SRTS programs in accordance with a formula specified in the legislation Projects eligible for funding under the SRTS Program are under the category for infrastructure — related projects or non-infrastructure — related activities 4 The City has submitted an application to the State for eligible SRTS funding and has been approved by FHWA for federal funds. The interest of the State in this project is the acquisition of Federal funds for the use and benefit of PAT pursuant to the SRTS programs (section 1401(f)(2)(A)) Federal Law and regulations 5 The interest of the State in this project is the acquisition of Federal funds for the use and benefit of the City. The State is requesting the Federal funds to be authorized for the project by reason of Federal law and regulations 6. The State will be the City's designated agent for obtaining Federal funds for the City The City will enter into an agreement with one of the State's On-Call Design Consultant firms to prepare necessary documents and design plans in conformance with the federal project development process. The State will administer the construction phase of the project 1 Page 2 IGA/JPA 11-210-I 7 The project consists of designing and constructing concrete sidewalk with curb & gutter and bike lanes hereinafter referred to as the "Project". Listed are the following locations for concrete sidewalks & bike lanes a) East side of Ironwood Drive between Broadway Avenue and 4th Avenue across from Superstition Mountain Elementary School a 1039 foot concrete sidewalk with curb &gutter. b) West side of Idaho Road at Tepee Street south of Four Peaks Elementary School a 399 foot concrete sidewalk with 341 feet of curb and gutter. c) West side of Idaho Road from Tepee Street to Foothill Street sidewalk with curb and gutter d) Four Peaks Elementary School to the public library a 1 4 mile bike lane. ADOT Project No. SF003 02D &01C 100 % Federal funds amount (Includes 15%CE and 5%Project contingencies) Scoping $ 33,264 00 Design $ 53,240 00 Construction $204,166 00 Estimated Project Costs for Design & Construction $291,166.00 (No ADOT review fee) Parties acknowledge that the actual cost may exceed the estimate, and such case the City is responsible for any and all costs exceeding the federal amount Federal funding for the project is subject to de-obligation and can be released from the project if a)A reimbursement request is not received within twelve (12) months after the date of initial authorization or, b) unless sufficient justifications regarding the delay of the Project are provided to the State and FHWA in writing THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows II. SCOPE OF WORK 1. The State will a Upon execution of this Agreement, act as the City's designating agent b Request the maximum Federal funds be programmed for the design and construction of this Project Should costs be deemed ineligible or exceed the maximum Federal funds available, it is understood and agreed that the City will be responsible for these costs. c On behalf of the City, the design consultant will prepare all pertaining documents for the project, review and approve documents required by FHWA to qualify project for and to receive Federal funds. Such documents may consist of, but are not specifically limited to, environmental documents, the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of prepared reports, design plans, maps and specification, geologic materials testing and analysis, right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement d Send a review set of all design plans and project documents prepared by the design consultant to the City. Review design plans and project documents for said Project and, provide comments to the City and the design consultant as appropriate Page 3 IGA/JPA 11-210-I e Not be obligated to incur any expenditure on behalf of the City in excess of the amount referenced herein Should costs exceed the maximum Federal funds available, or unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or scope of the work called for in this Agreement, it is understood and agreed that the City will be responsible for any overage. f Make all payments to the Design Consultant g. Upon approval by the FHWA, proceed to advertise for, receive and open bids. The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project, administer contracts(s) for the Project and make all payments to the contractor(s) Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage h Receive written concurrence from the City prior to executing supplemental agreements relating to extra work as defined in the ADOT standard specifications for road and bridge construction i Notify the City the Project has been completed and is considered acceptable, coordinating with the City as appropriate and turn over full responsibility of the Project improvements to the City De- obligate or otherwise release any remaining federal funds from the construction phase of the Project within 90 days of final acceptance. j Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance for the Project 2. The City will a Upon execution of this Agreement, designate the State as authorized agent for the City b Agrees to use one of the State's On-Call Design Consultant's which states that the design consultant shall provide services as required and requested throughout the development of the project including the construction phase of the Project. c Provide comments of receipt of design plans to the State and the design consultant as appropriate. d Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable e Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use f. Coordinate with the appropriate State's Right-of Way personnel should the project require acquisition of right-of-way The State's Right-of Way Coordinator shall assist the City with information pertaining to State and Federal procedures to accomplish the right of way needs for the Project, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24, 102 Basic Acquisition Policies, 49 CFR 24 4 Assurances, Monitoring and Corrective Action, parts (a) & (b) Page 4 IGA/JPA 11-210-I h Hereby grant the State, its agents and/or contractors, without cost, the right to enter City Rights-of-Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations i. Be responsible for any costs exceeding the maximum Federal funds available for the Project or those costs deemed ineligible for federal aid Agree that the cost of the design activities covered by this Agreement is to be borne by FHWA and the City, each in the proportions prescribed and determined by FHWA. I Be entirely responsible for all costs incurred by the City in performing and accomplishing the work as set forth in this Agreement whether covered by Federal funding or not and be obligated to pay for all cost overruns above the amount of federal funds authorized and available for the Project. k Pursuant to 23 USC 102(b), repay all Federal fund reimbursements for preliminary engineering costs on the Project if it does not advance to construction within 10 years after Federal funds were first made available I Be responsible for any and all costs attributable to any engineering change orders requested by the City not covered by federal funds The City will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the City m Upon completion of the Project, agree to accept, maintain and assume full responsibility of said Project in writing III. MISCELLANEOUS PROVISIONS 1 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction. It is understood and agreed that the State's participation is confined to securing federal aid on behalf of the City and requirements contained in this Agreement, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to defend, save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees 2. The cost of design, construction and construction engineering work covered by this Agreement is to be borne by FHWA and the City, each in the proportion prescribed or as fixed and determined by FHWA as stipulated in this Agreement Therefore, the City agrees to furnish and provide the difference between the total cost of the work provided for in this Agreement and the amount of Federal Aid received. 3 The terms, conditions and provisions of this Agreement shall remain in force and effect until completion of said project and related deposits or reimbursement, except any provisions for maintenance, shall be perpetual. Further, this Agreement may be canceled at any time prior to the award of the project construction contract, upon thirty days (30) written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project Page 5 IGA/JPA 11-210-1 4. The cost of the Project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA) 5. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 6. The City and the State (Arizona Department of Transportation) (ADOT warrants compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments) Additionally, in a timely manner, the City will provide information that is requested by the State (ADOT)to enable the State (ADOT)to comply with the requirements as may be applicable. 7 This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511 8. The provisions of Arizona Revised Statutes§ 35-214 are applicable to this Agreement. 9 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Anzona Revised Statutes § 12- 1518 10 All notices or demands upon any party to this Agreement shall be in wnting and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn. Heather Patel 205 S. 17th Avenue, Mail Drop 616E 300 East Superstition Boulevard Phoenix,Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 Ph. (480) 982-8002 (602) 712-3132 Finance Director Dee Bowling Donna Meinerts Transportation Enhancement Byways Section dmeinertsajcity net 1615 W Jackson Street MD 619E (480)474-5451 Phoenix, Arizona 85007 (602) 712-4603 11 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding"Non-Discrimination" 12. Non-Availability of Funds. Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 13. If the federal funding related to this Project is terminated or reduced by the federal government, or if the federal government resends, fails to renew, or otherwise reduces apportionments or obligation authonty, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. Page 6 IGA/JPA 11-210-I 14 Compliance requirements for Arizona Revised Statutes§41-4401—immigration laws and E-Verify requirement a The Parties warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§ 23-214, Subsection A. b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement. c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the Contractor or subcontractor is complying with the warranty under paragraph (a) 15 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or§ 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 16 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written APACHE JUNCTION, CITY OF STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P E Mayor of Apache Junction Deputy State Engineer, Development ATTEST By KATHY CONNELLY Clerk of Apache Junction March 7th 2012-1y JPA 11-210-I ATTORNEY APPROVAL FORM FOR CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and CITY OF APACHE JUNCTION an Agreement among public agencies which, has been reviewed pursuant to A R S § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the CITY under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of City Attorney Air .�. RESOLUTION NO. 12-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT. WHEREAS, the City of Apache Junction, Arizona ("City") , and Amok the Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") allowing City to accept and complete a Safe Routes to School grant which includes the installation of sidewalks and bike lanes at local elementary and middle schools, and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A R.S . § 11-952 (A) et seq. , public entities may enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council approve the Safe Route to Schools Grant Intergovernmental Agreement and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2 ) Management staff is authorized to carry out the goals and objectives of the grant, to include fulfilling all Ammak administrative and programmatic requirements . RESOLUTION NO. 12-09 PAGE 1 OF 2 Aar PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012, and SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J STERN City Attorney RESOLUTION NO. 12-09 PAGE 2 OF 2 ROLL CALL VOTE NOTES: / kiL) ,...... ti 1 , 1, ) 4(( i 1 e' ITEM # 1 MEETING OF c ( J �•► MOTION BY: 1 lJ SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SMITHSON rJ COUNCILMEMBER SERDY COUNCILMEMBER BARKER / COUNCILMEMBER WILSON ✓ VICE MAYOR DIETZ V MAYOR INSALACO UNANIM 'US IN FAVOR OPPOSED ABSTAINED TOTAL i .r CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THATAUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE TERM SHEET WITH SIEMENS INDUSTRIES FOR THE POSSIBLE IMPLEMENTATION OF SOLAR FACILITIES FOR THE LIBRARY AND CITY HALL BUILDINGS, AND THAT RESOLUTION NO 12-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AND STATE SPECIAL PROJECTS ("SSP") APPLICATION(S), BE APPROVED; AND THAT RESOLUTION NO. 12-09, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT, BE APPROVED. ppACHE I ° A y City of ipacne Junction Home of`the .S uper:c/ztzan Mountains 4#1zos* Print TO: City Manager's Office FROM: Patrick Brenner, Community Relations Manager DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH LESLIE BENNETT REGARDING THE EFFORTS OF THE PINAL PARTNERSHIP AND SUPERSTITION LAND TRUST(SALT) SPONSORED DESERT CLEANUP EVENT. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Leslie Bennett will describe the efforts that citizens from groups such as the Superstition Horsemen's Association,the Girl Scouts of America, SALT, Pinal Partnership, the Gilbert Horse Owners'Association, and others were able to clear a one-mile long by one-quarter mile wide section of State Trust Land bounded by Tomahawk, McKellips, Cortez, and Lost Dutchman Roads FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available (1"F.',It✓G,: ., --- C,zty of Apache Junction Home of the Superstition :�101111tr,1111.i' �R1ZO14F Print TO: City Manager's Office FROM: Patrick Brenner, Community Relations Manager DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: FORMAL PRESENTATION BY MAYOR OF CERTIFICATES OF ACHIEVEMENT TO 16 GRADUATES OF THE FOURTEENTH CITIZEN LEADERSHIP INSTITUTE. ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D List of Citizen Leadership Institute Graduates 2011-2012 PQp'� HF�Gti O� n 0r.\ O. ,fix 2011/2012 Citizen Leadership Institute Graduates Diane Grenell Amy Combs Dennis D. Hall Barbara Cobb Alfred Wendler Emily Kleyn Jennifer Powell Mark Diaz Jacob Diaz Norma Chase Lupe Heermans Debbe Cress Richard Larkins Marilyn Hilian Mary Erickson Phillip Erickson i Pg ACHE J °� ' _�,Gti^ City of Apache junction Ury Z Home of the Supei:c7ition :1.1ountaiits Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: UPDATE AND DISCUSSION WITH AARON MCDERMID AND LARRY JOHNSON OF THE APACHE JUNCTION CHAMBER OF COMMERCE AND VISITOR CENTER ON QUARTERLY EFFORTS AND TOURISM ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: Aaron McDermid and Larry Johnson will provide city council an update on the efforts of the ChamberNisitor Center and tounsm. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available „pACME✓ Ok , ;a f, GyOO G ity of Apache Junction U „ 2 Home of the Supei:ctition Mountains Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 22- APRIL 28, 2012 AS "NATIONAL CRIME VICTIMS' RIGHTS WEEK” ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: National Crime Victims' Rights Week reaffirms the commitment of Apache Junction to helping victims of crime rebuild their lives through supportive services and victim compensation. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Proclamation-Crime Victims Week m rottamatton NATIONAL CRIME VICTIMS'RIGHTS WEEK APRIL 22"—APRIL 28`h,2012 WHEREAS, more than 33 million Americans are victims of crime each year,and WHEREAS, victims may suffer emotional, physical, psychological and financial harm as a result of crime; and WHEREAS, victim services and compensation programs across the country provide vital and supportive services for victims that help individual, families and communities cope with the impact of crime;and WHEREAS, the Victims of Crime Act (VOCA) passed by Congress in 1984, affirmed a national commitment to helping victims rebuild their lives by establishing the Crime Victims Fund, a major source of funding for services and compensation to victims of crime throughout the Untied States,and WHEREAS, the Fund comprises fines and penalties levied on offenders and affirms the principle that those who commit crimes should be held accountable for their actions;and WHEREAS, the Crime Victims Fund provides support to states for victim services and victim compensation programs, as well as support for federal victims of crime,child abuse prosecution,emergency reserve to assist victims of terrorism, and training and technical assistance for the victim services field,and WHEREAS, victim compensation programs pay for medical and counseling cost, funeral bills,crime scene cleanup and lost wages for victims of crime, and WHEREAS, National Crime Victims' rights Week—April 22"—April 28th,2012— provides an opportunity for our country to recognize the Victim of Crime Act as a major bedrock of support for victim services and to reaffirm our nation's commitment to addressing the needs of victims ,- of crime,and WHEREAS, the City of Apache Junction is Joining forces with victims services programs,criminal justice officials and concerned citizens throughout Apache Junction and America to observe the 28th anniversary of VOCA during National Crime Victims'Rights Week, Amok NOW, THEREFORE, I, John Insalaco, Mayor of the City of Apache Junction, Arizona,do hereby proclaim April 22"d—April 286,2012 as CRIME VICTIMS'RIGHTS WEEK in Apache Junction and reaffirm the commitment of Apache Junction to helping victims of crime rebuild their lives through supportive services and victim compensation during National Crime Victims' Rights week and throughout the year. Signed and attested to this day of ,2012. JOHN INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk P7ACHf o; g ay- •�.� 10 City of Apache Junction Home of the Si/pen-talon Al oiI//tai/zs gQ110N* Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 15- 21, 2012 AS"NATIONAL VOLUNTEER WEEK" ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: National Volunteer Week recognizes the contributions that our volunteers make every day to our community. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download U Proclamation-National Volunteer Week NATIONAL VOLUNTEER WEEK APRIL l 5TH-APRIL 21 sT,2012 WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world,and WHEREAS, volunteers can connect with local community service opportunities through many community service organizations,and WHEREAS, individuals and communities are at the center of social change discovering their power to make a difference,and WHEREAS, during this week, all over the nation, service projects will be performed and volunteers will be recognized for their commitment to service;and WHEREAS, the giving of oneself in service to another employers the giver and the recipient;and WHEREAS, experience teaches us that government by itself cannot solve all of our nation's social problems,and WHEREAS, our country's volunteer force of over 64 million people is a great treasure,and WHEREAS, volunteers are vital to our future as caring and productive nation,and NOW, THEREFORE, I, John Insalaco, Mayor of the City of Apache Junction, Arizona,do hereby proclaim April 15th—April 21st,2012 as NATIONAL VOLUNTEER WEEK in Apache Junction and urge our fellow citizens to volunteer in their communities .�. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion Signed and attested to this day of ,2012 JOHN INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk — _oACH ✓�� trr . City ofApache Junction U , 2 Home of the .S'upel:c/ition : l ounturns Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION ON THE 2012 TAX ASSISTANCE PROGRAM. ACTION REQUESTED: Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION: The City of Apache Junction participates in the coordination of the Earned Income Tax Credit and Tax Counseling for the Elderly Initiatives with the Internal Revenue Service and American Association of Retired Persons (AARP) in providing opportunities for all residents to seek out and obtain assistance in completing their tax returns by AARP volunteers. In addition to receiving free tax preparation, residents are also advised of potential tax credits that are offered to households and families. Apache Junction provided this service in the Public Library Wednesdays through Saturdays beginning February 1, 2012 to April 15, 2012 FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Information only. ATTACHMENTS: Click to download L] Staff Report Pp CH Op na City of Apache Junction Development Services Department MEMORANDUM DATE: April 5,2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resource Manager FROM: Heather Patel, Program Coordinator SUBJECT: Earned Income Tax Credit Program and Tax Counseling for the Elderly REOUEST Staff respectfully requests that the City Council receives a presentation regarding the success of the Earned Income Tax Credit Program ("EITC")and Tax Counseling for the Elderly("TCE") Initiatives for the 2011 tax year within Apache Junction BACKGROUND The City of Apache Junction participates in the coordination of the EITC and TCE Initiatives with the Internal Revenue Service("IRS") and American Association of Retired Persons("AARP") in providing opportunities for all residents to seek out and obtain assistance in completing their tax returns by AARP volunteers. In addition to receiving free tax preparation, residents are also advised of potential tax credits that are offered to households and families. Apache Junction provided this service in the Public Library Wednesdays through Saturdays beginning February 1, 2012 to April 15, 2012. DISCUSSION From February 1, 2012 to April 15, 2012,28 AARP volunteers will provide over 4,928 volunteer hours to prepare the taxes of Apache Junction residents The volunteer hours are valued at$98,780 From February ls`to March 31st, volunteers completed 1056 federal returns and 817 state returns. There are still eight more days to complete tax returns. These numbers are up from 2011. These returns include tax credits such as the EITC credit, and the Child Tax Credit. This service to the community could not be done without the efforts of the AARP volunteers and the Apache Junction Public Library. ACTION REQUIRED Information only Free Tax Preparation for Apache Junction Residents Tax Year 2011 Stats From February 1, 2012 —April 9, 2012 Tax Year Federal State Earned EIC value Child Tax CTC value Total Total Returns returns Income Tax Credit Refunds Volunteer completed completed Credit value 2004 Program began ?005 724 1 2006 748 554 $28,155 2007 1012 754 79 $76,355 $425,551 $27,704 2008 901 637 80 $87,496 $633,054 $36,581 2009 946 712 90 $112,218 41 $56,293 $695,180 $44,717 2010 TBD 573 64 $69,273 26 $37,235 $595,956 $54,121 2011 1127 880 109 $131,137 41 $56,494 $851,884 $98,780 Shaded areas indicate no information is available This year— all services were provided at the AJ Public Library, the Moose Lodge will no longer be used Comments received from AARP Volunteer Leader Thank you both (Heather Patel/Tracie Curtis) for all of the help extended to us by the City of Apache Junction. Heather your news releases were invaluable and because of them we have about 15 new counselors which was very necessary since we lost many of our old timers. These new folks have some past experience and have taken to our program extremely well. When we needed a space to have lunch during our training you came through again so no one had to leave and ( o down town for lunch We look forward to meeting with you tomorrow for some suggestions, ideas and lots of visiting Tracie the staff at the Library went above and beyond. Having people make appointments eliminated the huge crowd waiting for hours You saved us many hours by having Anthony set up, take down and maintain all the computers for us I especially liked this as I had always stored them at my home during the off season. Internet service enabled us to get forms not available in our tax program so that we could better assist people. Joan, our Electronic Return Originator, was able to complete a lot of her work right there at the site instead of needing so much time after she got home. All in all it was a very successful season as you can see by the numbers in my previous e-mail. Trade and Heather could you pass along our many, many thanks to all of you who were involved in any way. The teamwork was great We look forward to many seasons at this great location. thanks again Pat Holland _. 7PgACHf� _°� fi4 City o f Apache Junction i. Home o f the Superstition A l otr»tains 4Pizoph Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROCLAMATION DECLARING APRIL 2012 FAIR HOUSING MONTH. ACTION REQUESTED: Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION: Affirmatively furthering Fair Housing was first included in the Fair Housing Act of 1964, which, in Title VI, prohibited discrimination in housing on the basis of race, color, and national origin This Act also required that the United States Department of Housing and Urban Development administer its programs including the Community Development Block Grant program in a manner that affirmatively promotes fair housing. The Arizona Department of Housing, the regulatory agency, has indicated that each community must complete the minimum requirements to further fair housing. These minimum requirements include: 1) Adopt a Fair Housing Proclamation or Resolution, 2) Display a Fair Housing poster in at least one public area of the community's administration building/office year round; and 3) Undertake at least one additional action that is specifically designed to further fair housing and/or educate the public about fair housing laws. FISCAL IMPACT: cludgetary Approval Not Required OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that the City Council proclaim April 2012 as Fair Housing Month. ATTACHMENTS: Click to download D Staff Report D Proclamation P ACM i pc U = City of Apache Junction 4R' Development Services Department MEMORANDUM DATE: April 5,2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resource Manager FROM: Heather Patel, Program Coordinator SUBJECT: 2012 Fair Housing Proclamation REQUEST Staff respectfully requests that the City Council proclaim April 2012 as Fair Housing Month. This proclamation will fulfill one of the City's requirements as a recipient of grant funds from the Arizona Department of Housing If the proclamation is not made,the City's ability to receive further funds would be limited. BACKGROUND Affirmatively Furthering Fair Housing was first included in the Fair Housing Act of 1964, which, in Title VI, prohibited discrimination in housing on the basis of race, color,and national origin. This Act also required that the United States Department of Housing and Urban Development ("HUD")administer its programs including the Community Development Block Grant("CDBG") program in a manner that affirmatively promotes fair housing. Title VIII of the Civil Rights Act of 1968 covered housing discrimination on the basis of race, color, religion, sex or national origin Title VIII was amended in 1988 by the Fair Housing Act which added two categories of protected persons from housing discrimination: 1) families with children(anyone under 18); and 2) individuals with disabilities. The Housing and Community Development Act of 1974, as amended, in Section 104, specifically states that communities shall affirmatively further fair housing. HUD regulations require that the state CDBG program affirmatively further fair housing. This Act requires each community to certify that it will affirmatively further fair housing. When a community is involved in the provision of housing or housing services,whether funded through CDBG or with other public funds, it must ensure that such programs are designed and implemented in a non-discriminatory way DISCUSSION The Arizona Department of Housing ("ADOH"), the regulatory agency, has indicated that each ... community must complete the minimum requirements to further fair housing These minimum requirements include: 1) Adopt a Fair Housing Proclamation or Resolution; 2) Display a Fair Housing poster in at least one public area of the community's administration building/office year round, and 3) Undertake at least one additional action that is specifically designed to further fair housing and/or educate the public about fair housing laws Currently, the City displays an English and Spanish Fair Housing poster in the lobby of the Development Services Department and undertakes several additional eligible activities that comply with the requirements of ADOH These activities include the distribution of the State Fair Housing brochure and the attendance of the City's Staff at local/regional training relating to fair housing If a declaration of Fair Housing Month is not adopted, the City will be in violation of the laws as identified above and the regulations set forth by HUD and ADOH, thus jeopardizing future funding through CDBG RECOMMENDATION Staff respectfully recommends that the City Council declare April 2012 as Fair Housing Month ACTION REQUIRED The following actions are required- 1) The Council adopt the Proclamation declaring April 2012 as Fair Housing Month; and 2) The Mayor shall read the Proclamation aloud during the April 17, 2012 Council meeting Attachment 1: 2012 Fair Housing Proclamation 2 11 ation FAIR HOUSING MONTH APRIL 2012 WHEREAS, the National Fair Housing Law of 1986,as amended by the Fair Housing Amendments Act of 1988 prohibits discrimination in housing and declares it a national policy to provide within constitutional limits,for fair housing in the United States;and WHEREAS, the principle of Fair Housing is not only national law and national policy but a fundamental human concept and entitlement for all Americans,and WHEREAS, April has traditionally been designated as Fair Housing Month in the United States; NOW, THEREFORE, I, John S. Insalaco, Mayor of the City of Apache Junction,Arizona,do hereby proclaim April as FAIR HOUSING MONTH in Apache Junction and do hereby urge all citizens of this community to comply with the letter and spirit of the Fair Housing Law Signed and attested to this_/f day of qa ,2012 JOHN S.INSALACO Mayor i^ ATTEST. KATHLEEN CONNELLY City Clerk ACH City of A of Apache junction wz Home the .Superstition Mountains4#11ot * Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: April 17,2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available j(e.:41z- V17 fryr- 'GAILEVAN /4' VCHARLES F 7�4772_ RANDALL F z JO DELLE 11 JCHRISTA RIZZI If/ ' v ROBERT SCHROEDER JEFF STRUBLE 4DAVEWALDRON BONNIE WILLIAMS 06. _ ..?,...„ . „4 „,,, ,,o City of/pache Junction Home of the Supet:ctition Mountains 4Rizop* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: April 17, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION AND ACTION ON PROCESS FOR SELECTING AN APPLICANT FOR THE CITY COUNCIL VACANCY INCLUDING BUT NOT LIMITED TO DESIGNATING A LIMITED NUMBER OF APPLICANTS FOR FURTHER INTERVIEWS, CHANGING THE SELECTION DATE AND DATE FOR SEATING THE NEW COUNCIL MEMBER. ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: Council interviewed applicants at the April 16 Work Session. This item will allow council to change previous direction to staff and add steps and change dates for the council vacancy selection process FISCAL IMPACT: OPTIONS/ALTERNATIVES: .tECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ motion from February 21,2012 meeting APRIL 5, 2012 MEMORANDUM TO• HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK SUBJECT. COUNCIL APPLICANT INTERVIEWS At the meeting of February 21, 2012, council directed staff to proceed with taking applications for the vacant council position through the following motion. 1)That a press release asking for qualified applicants be sent to the AJ Independent and the AJ News for publication the week of February 27, 2012, and that the press release also be posted at the city's three official posting locations and placed on the city website and cable channel; 2)that all applicants be required to complete a talent bank application, a local elected officials financial disclosure statement, an affidavit of qualification, a written response to questions as included in this packet and as discussed this evening, 3) that application packets only be accepted beginning March 5, 2012 and ending April 2, 2012 AT 5 00 p m ,4) that public interviews of the qualified applicants be held on April 16,2012, 5)that the appointment be made on May 1, 2012 at the regular meeting; 6)and that the successful council appointee be publicly sworn in at the May 1, 2012 council meeting also We received ten applications as ofthe filing deadline of April 2,2012 at 5 p m These applications, along with the other requested documentation,have been placed alphabetically in a separate binder The applicants have been advised in writing to be present at your April 16th work session for interviews. Following the interviews the council may wish to have further discussions on the applicants and selection process. In the event you wish to change or add to the direction you gave on February 21st, I will place an item on the April 17th regular meeting agenda that will allow you to do so This will allow you to narrow your selection and/or conduct additional interviews at your April 30th work session and/or change the date for final selection and seating of the new council member I will also prepare a suggested motion that will give you options. Please contact me if you have any questions. Councilmember Serdy commented they might not have an agenda yet That means they are looking for someone who has an agenda. Vice Mayor Dietz commented this is just something they would like to put on that is on their minds. Councilmember Barker commented anyone who runs for council generally has sometnirg on their minds. Councilmember Serdy commented they might not have anything they want to submit City Clerk Kathleen Connelly stated they might want to submit something that is not legal. Mayor Insalaco commented some might not know There was general discussion or whetner they wanted that question. The consensus was they did not want the question. City Clerk Kathleen Connelly stated they have 7 questions Councilmember Barker stated she thought that was a prime number. Mayor Insalaco closed the discussion with no further comments and called for a motion. emN Vice Mayor Dietz MOVED THAT WE ACCEPT THE RESIGNATION OF DOUGLAS COLEMAN FROM HIS POSITION AS A CITY COUNCIL MEMBER EFFECTIVE JANUARY 31, 2012 . I FURTHER MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS FOR FILLING THE VACANCY: 1) THAT A PRESS RELEASE ASKING FOR QUALIFIED APPLICANTS BE SENT TO THE AJ INDEPENDENT AND THE AJ NEWS FOR PUBLICATION THE WEEK OF FEBRUARY 27, 2012, AND THAT THE PRESS RELEASE ALSO BE POSTED AT ThE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 39 OF 50 CITY' S THREE OFFICIAL POSTING LOCATIONS AND PLACED ON THE CITY WEBSITE AND CABLE CHANNEL; 2) THAT ALL APPLICANTS BE REQUIRED TO COMPLETE A TALENT BANK APPLICATION, A LOCAL ELECTED OFFICIALS FINANCIAL DISCLOSURE STATEMENT, AN AFFIDAVIT OF QUALIFICATION, A WRITTEN RESPONSE TO QUESTIONS AS INCLUDED IN THIS PACKET AND AS DISCUSSED THIS EVENING; 3) THAT APPLICATION PACKETS ONLY BE ACCEPTED BEGINNING MARCH 5, 2012 AND ENDING APRIL 2, 2012 AT 5. 00 P.M. ; 4) THAT PUBLIC INTERVIEWS OF THE QUALIFIED APPLICANTS BE HELD ON APRIL 16, 2012, 5)'THAT THE APPOINTMENT BE MADE ON MAY 1, 2012 AT THE REGULAR MEETING; 6) THAT TIIE SUCCESSFUL COUNCIL APPOINTEE BE PUBLICLY SWORN IN AT THE MAY 1, 2012 COUNCIL MEETING ALSO Councilmember Barker SECONDED THE MOTION . VOTE. Unanimous Tne motion carried. ACCESSORY BUILDING DESIGN REGULATIONS Development Services Director Brad Steinke briefed the council on the item Councilmember Smithson stated Exhibit D states it affects horse shades, mare motels, hay storage buildings and carports with no walls or partial walls extending ro more than 6 feet from the roof line. He is rot sure how to interpret it . He sees no comma after buildings or carports. he asked if partial shade only applies to carports or to everything preceding it. Development Services Director Brad Steinke stated it would apply to the horse structures that are parenthetically included and to carports. Councilmember Smithson stated it seems to him there should be a comma after carports. Development Services Director Brad Steinke stated he would agree REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 40 OF 50 Ink / ROLL CALL VOTE , NOTES: \lt titITEM # 1 MEETING OF (LA4MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER BARKER V COUNCILMEMBER WILSON ✓ COUNCILMEMBER SMITHSON ✓ VICE MAYOR DIETZ ✓ COUNCILMEMBER SERDY MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 14 I MOVE THAT WE FOLLOW THE COUNCIL VACANCY SELECTION SCHEDULE AS ORIGINALLY GIVEN TO STAFF ON FEBRUARY 21, 2012 OR I MOVE THAT WE SELECT THE FOLLOWING APPLICANT(S) FOR FURTHER INTERVIEWS AT THE APRIL 30, 2012 WORK SESSION. Note. Robert's Rules does not require a second for nominations I FURTHER MOVE THAT WE O T F-NAL SELECTION AT THE REGULAR COUNCIL MEETING OF ,� I ' AND THAT THE NEW COUNCIL MEMBER BE PRIVATELY SWORN IN BY THE CITY CLERK THE DAY AFTE APPOINTED AND PUBLICLY SWORN IN AT THE COUNCIL MEETING OF I 13' ROLL CALL VOTE NOTES 6(\/) ITEM # c11u MEETING OF 644;t7 r\4 \Gi MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY VICE MAYOR DIETZ V COUNCILMEMBER BARKER V COUNCILMEMBER SMITHSON MAYOR INSALACO UNANIMOIS IN FAVOR OPPOSED ABSTAINED TOTAL AMR 411.1. Agabk ITEM NO. 15-16 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, APRIL 30, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, MAY 1, 2012 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL orkWS: 1,1\\v IT REG: 11\TD/ SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO V i VICE MAYOR DIETZ ,✓ COUNCILMEMBER BARKER COUNCILMEMBER SERDY J j vi COUNCILMEMBER SMITHSON t/ COUNCILMEMBER WILSON V (.\, TOTAL CITY STAFF: _ Cl. 'F City Manager George Hoffman ° . Assistant City Manager Bryant Powell City Clerk Kathleen Connelly / r City Attorney Joel Stern V Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz qcV 1111 Assistant to the City Manager Matt BusbyC1/41\ W , OTHERS: , ;, ViOrr''' 04r, 5 p1NA � l Date: 4--(`7• 2-- CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR /° `+ Call to The Public (One Form Per Items Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesc No❑ Only If Necessary 0 ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. ) —b; C-90 - Name ( rint) ni \Oid,t),,,1 Address City Zip Code L-\g' •D(o& .(05°19 Ta‘, 1-04---f- 00,\KG,A\ Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. consent for Minor to be Audio and/or Video Recorded: I , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: 1714 /'iv4 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public 1i (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) 19/ 3) C" Ci RP ��� 1 d 4 dress City Zip Code ig Z J 3 71a:6 r 4 /1/CeC.&/q Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. :onsent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12