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HomeMy WebLinkAbout2012-02-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 21, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 21, 2012, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:03 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: (There is one vacancy on the council.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks and Recreation Director Jeff Bell Development Services Director Brad Steinke Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 1 OF 50 Senior Project Engineer Emile Schmid Parks Superintendent Nick Blake Revenue Resources Manager Roger Hacker Business Advocate Janine Solley Community Resource Unit Coordinator Constance Halonen ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker reminded everyone of the Lost Dutchman's Day Parade, Lost Dutchman Days Weekend and the Get Ready for Teddy event schedule. Councilmember Serdy commented what is cool is that it was all done through donations.No city money was used. Mayor Insalaco announced a week ago from Saturday night he attended the arena downtown to hear the Mormon Tabernacle Choir. AWARDS, PRESENTATIONS AND PROCLAMATIONS Revenue Resources Manager Roger Hacker and Friends of Apache Junction Secretary Laura Dean -Lytle invited the council to the Bad Cactus Brass Band concert to be held on March 10 to benefit the parks and recreation department.The Jazz Laboratory from the high school will also be performing at the concert.A short video from a television program was shown with the Bad Cactus Brass Band performing. Mayor Insalaco commented that this past weekend the weather was beautiful for the Lost Dutchman Marathon.He started all the races except for the full marathon.Former Councilmember REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 2 OF 50 Coleman and Pinal County Supervisor Bryan Martyn participated in the marathon. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR SUNDANCE RESTAURANT ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Beverly Keller addressed the council. Mayor Insalaco asked if this is a new license she is applying for. Ms. Beverly Keller stated it is. 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 THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR SUNDANCE RESTAURANT, SUBMITTED BY BEVERLY JEAN KELLER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 3 OF 50 VOTE:Unanimous. The motion carried. ORDINANCE NO. 1379, CASE PZ-1-11, PLANNED DEVELOPMENT MAJOR AMENDMENT BY PATHFINDER TRF THREE LLC AND ADAMS CONSTRUCTION COMPANY, REPRESENTED BY BEUS GILBERT PLLC, AMENDING THE DEVELOPMENT PLAN FOR "THE VILLAS AT SUPERSTITION MOUNTAIN PHASE 2"/RESOLUTION NO. 12-03, CASE SD -1-11, PROPOSING A NEW PRELIMINARY PLAT TO AMEND AND RESUBDIVIDE "THE VILLAS AT SUPERSTITION MOUNTAINS PHASE 2" UNDER THE NEW NAME OF "APACHE JUNCTION TOWNHOMES"/RESOLUTION NO. 12-04, PRESENTING FOR APPROVAL THE FINAL SUBDIVISION PLAT FOR "APACHE JUNCTION TOWNHOMES" BY ADAMS CONSTRUCTION COMPANY, BUILDER AND PROPERTY MANAGER ) )Senior Planner Rudy Esquivias briefed the council on the item. Vice Mayor Dietz asked if all the documentation still missing will stop them from voting on the issue tonight. Senior Planner Rudy Esquivias stated it does not.The applicants want to have their administrative approvals done tonight and we can do that tonight.Until these last few items trickle in they cannot record the plat.He continued with his briefing. Vice Mayor Dietz asked if the street lights on Idaho and Plaza will be done through a street lighting district and if the cost will be divided up between all the units and paid off. Senior Planner Rudy Esquivias requested Emile Schmid answer those questions. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 4 OF 50 Senior Project Engineer Emile Schmid asked about Phase 3. Senior Planner Rudy Esquivias stated they have not done the development plan yet for Phase 3. Senior Project Engineer Emile Schmid asked if they purchased that property. Senior Planner Rudy Esquivias stated he was not sure if they did.They can answer that when they speak.It was part of the previous ownership group.He is not sure if these people absorbed that section.He has not seen a change of plan for that particular site so he does not have an answer to that question. Vice Mayor Dietz asked who would be responsible if the neighboring property values do drop. City Attorney Joel Stern stated Proposition 207, which is now part of a statute, actually exempts out payments to adjoining property owners.It is not the effect to the adjoining property owners.It is the effect, if they pass a law or regulation, of how that law or regulation affects this particular development and not adjoining property owners. Vice Mayor Dietz asked about the property valuation coming into play with the other property owners. City Attorney Joel Stern commented they would probably say because affordable housing is being put in next to them their property value has come down. That is not part of the statute.It is how the regulation or act or action taken by the city council would affect this particular development and if their property value would go down. Councilmember Smithson commented page two indicates the internal streets will be constructed much like public streets but they will not be as REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 5 OF 50 wide.He is not sure what much like means.He asked if the amount of subbase and base would be the same. Senior Planner Rudy Esquivias stated that is correct.The construction of the street itself, insofar as the cross section, is according to our street standards, the width of the internal streets do not meet our public street standards. Senior Project Engineer Emile Schmid stated he could now answer the question on the street light district.In the past the city has set up street light districts in order to recoup the cost of running or maintaining the street lights.We are one of the few municipalities left in the state doing that.Over the last 5 to 10 years it has been hit and miss with the street light districts.Some have them, some do not.There is a question as to the process of setting up a street light district that they have been working out internally with city staff.The question was if this project would require a street light district to be set up.He does not have the answer right now.They would have to consider the cost of three street lights on Plaza Drive and if they would be able to offset the cost of setting up a street light district, including the legal documents and processes in setting that up and how long it would take to recoup the costs.It might not be worth it for three street lights.If it were 30 street lights, it might be a different story. Vice Mayor Dietz asked if there were street lights on Idaho. Senior Project Engineer Emile Schmid stated he could not recall off the top of his head.They might have been installed with the original project 7-9 years ago, but he is not aware of a street light district set up for those.He does not know if they could include these three new ones in that district. Vice Mayor Dietz commented the city would be absorbing the cost for the electricity for these street lights. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 6 OF 50 Senior Project Engineer Emile Schmid stated that is an option they are looking at.They are weighing out the pros and cons of that option. Vice Mayor Dietz commented they are voting on this tonight.It is probably something that they should have had.They should have had information on it or knew what was going on with it. Mayor Insalaco requested the applicant address the council. Mr. Paul Gilbert, 4800 N. Scottsdale Road, Scottsdale, addressed the council.He is here on behalf of the applicant.He advised that Mr. Adams, chairman of Adams Construction, was in attendance.He has a lot of experience and is the former head of the Utah Housing Authority. He has a lot of experience with the type of unit we are presenting this evening.This company has a broad base of experience in both Arizona and Utah.Staff has done a good job of outlining the request so he will not go into that.He feels it is important to focus on the zoning that is already there, which is CR-5/PD.They are not changing that; it is the same zoning.The only thing they are doing tonight is reducing the density.It would not set well for his career to lose a case where he comes in and actually reduces the density.They are asking for 88 patio homes; the property is already zoned for 197 units.They are not stopping there.They are also reducing the height.Currently two story units are proposed on this property.They are reducing it to one story.They are providing 3 and 4 bedrooms, 2 baths and 2 car attached garage units.He wanted them to focus on that.They will be talking about quality this evening.This is a nice indication of that. They are actually providing 2 car garages for every single unit. He submits they will find very few units, let alone low income housing units, that provide 2 car garages for every unit.Even though these units are duplex, the only place where they have a common wall is the garage itself.They can again see the kind of quality they are talking about.They are also providing a lot of amenities on site.They will have a pool area and clubhouse, playground, picnic tables, basketball court and staff has requested that a tot lot be provided and they have done that.To illustrate the extent of how they have tried to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 7 OF 50 cooperate with Apache Junction, he does not know of a single request that city staff has made that has not been honored. Every change they have been asked to make they have made.They agree with all of the stipulations, including the new stipulations that were added as a result of their very informative and helpful work study session.Their goal, as it is in all of their projects, is to provide an attractive, affordably -priced and healthy living environment.This project will do that.The interesting thing about this project, which is very novel, and underscores their confidence in the quality of the project and insures that this is going to be a quality project, is that they are going to allow their future tenants an opportunity to purchase this home.After 15 years, any one of their tenants can purchase this home.That in and of itself is no big shake, but what is the big shake is that they will get a credit towards the purchase price for every single dollar they have spent in rent.If they want to buy their unit at the end of 15 years, they get a credit towards the purchase price of every single dollar they have spent in rent.That is quite a commitment and what an opportunity for the citizens of Apache Junction.This project is roughly a $15,000,000 project.If tax credits are awarded, which they have not been as of yet, as one of the conditions of the process is that they have to meet with the council and have this fully entitled as they go into the process.If they receive the tax credits, then 70% to 80% of the project will be covered by the tax credits and they will have a permanent loan to cover the remaining percentage.Every year Adams places money into a capital replacement account to cover long term maintenance and repair and capital replacement. The important thing is that this is not a built it and spin it project.This company builds, owns and manages their units. They are not in the business of turning it over to someone else once it is entitled.They build them, they manage them, and they continue to own them unless the tenants, after 15 years, exercise the option they will have to purchase the unit.They have the approval of the planning commission.The vote was 6-1. He asked the one person who voted against them post -hearing why she voted against them as she seemed to be so positive during the course of the hearing.Her concern was that they did not have separate yards designated for the units.That seemed to be a concern of the council at the study session.They changed that.They have complied with her concern and reciprocally the council concern as well.He is confident in saying that in REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 8 OF 50 effect they have unanimous approval of the planning commission as they corrected the one concern she had.They are not only here in the posture of a recommendation of approval from the planning commission, but from staff as well.Usually you have to envision what the project looks like.They have built the very same project in Arizona.They invited Rudy and another member of city staff to go up and visit the project in northern Arizona.It is built.This is a very close replication of that project.Rudy went up and investigated the project and he thinks they liked what they saw.At the planning commission hearing Rudy indicated they were quite impressed with the project.They had a neighborhood meeting with the project to the north and several of the people informed them that they went up and looked at the project and liked what they saw.They stood up at the homeowner's meeting and stated they liked what they saw.When city staff was at the similar project they knocked on doors, asked residents if they enjoyed living there and if the developer does what he says he will do and they received a very positive response.They are in agreement with all of the staff stipulations.They met with the police chief immediately after the hearing and agreed to do what he asked them to do.It is incorporated into the new stipulations.They have added the rear yards and the individual lots will be enclosed with a six foot cinder block wall.He received a letter from the city attorney asking what they could do in the CC&Rs to incorporate some of the provisions of the lease.They gave him a letter on all of the provisions of the lease that they could incorporate into the CC&Rs.They could not do all of them, but the main points of the lease are committed to the CC&Rs.He believes they have done everything they have been asked to do under the guidelines they have been given.They are careful about who they let come into the units.There is a perception that whoever develops low income housing has to take whoever comes and knocks on the door.They believe that is what the government requires.That is not true.This is not Section 8 housing.They are not mandated, even after accepting tax credits, to accept anyone that comes in.They have a full background check done, which includes previous bankruptcy and criminal history, and anything in the background that makes them uncomfortable keeps them from renting any property to those individuals.They have a resident screening company that is expert on this and screens very carefully.They have an onsite manager who lives onsite.They also have an assistant manager REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 9 OF 50 and video surveillance throughout the property.They have full time maintenance and landscape personnel to maintain the quality.This company has built and manages over 900 units. They have a good track record of doing what they say.One of the concerns that came up at the planning and zoning commission hearing and at the council work session was crime.They went to several police chiefs in communities where they have projects and copies of their letters indicating crime is not a problem have been provided.They even responded that they like the maintenance of the units.He then showed them pictures of some of their units in Hurricane Hills and Cedar City, Utah, and Katherine Heights in Arizona.He promised that if they approve this project and the company receives the tax credits, the council will be very proud of this project. Vice Mayor Dietz asked if that is a maintenance shed in Tract B, as one drawing shows one there and another does not. Mr. Paul Gilbert stated they are putting a maintenance shed there. Vice Mayor Dietz asked if the drainage section in Tract C will have riprap in it or will it just be desert. Mr. Paul Gilbert stated it will have riprap. Mr. Dennis Newcomb, 4800 N. Scottsdale, Scottsdale, commented the one map was the preliminary plat and this is the final plat.This shows a future maintenance building that might have to be put in to store things on site. Vice Mayor Dietz asked if the maintenance building will be made to look like the other units. Mr. Paul Gilbert stated that is correct. Vice Mayor Dietz commented it will be very attractive and not be a metal building. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 10 OF 50 Councilmember Serdy commented he attended the meeting at Quail Creek.He asked if they were able to make contact with residents of Husky Hollow and Chaparral. Mr. Paul Gilbert stated they attempted to but they never made contact. Councilmember Serdy commented they had the same concerns, mostly about children overstepping and causing problems in the neighborhood. Mr. Paul Gilbert commented that is correct.There will probably be fewer children in this development than the current approved plan.The current approved plan as double the density.Secondly, they are providing more amenities than the current approved plan.There is no reason for children to leave our facility and go into some of these other facilities.We have better amenities than they do or at least equal to what they are proposing.Plus the city library and city facilities are across the street.They do not foresee them as a problem. Councilmember Serdy commented he thought they were projecting that the maximum amount of children in it would have been quite large but there will be a lot of single families living here as well. is correct. is all ages, too. is correct. Mr. Paul Gilbert stated that Mayor Insalaco commented this Mr. Paul Gilbert stated that Councilmember Barker commented it appears that this entire project is predicated upon getting that tax credit.She asked if that is correct. Mr. Paul Gilbert stated that is correct. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 11 OF 50 Councilmember Barker asked if this project is out the window if the council passed this whole thing and they did not get the tax credit. Mr. Paul Gilbert stated that might be a little strong.They could still consider doing the project, but without the tax credits, as it is now designed and envisioned, it is not likely to come to fruition.They really need the tax credits in order for it to work. Councilmember Barker asked what the likelihood is of their getting the tax credits. Mr. Paul Gilbert stated they are very experienced working in this field.The chairman, Mr. Adams, has a broad range of experience both in Arizona and Utah. They know what needs to be done and the type of project that will qualify.They would not have spent the considerable amount of time and money, including all the engineering expenses of doing a final plat, if they did not have a very high level of confidence that the tax credits would be awarded.They feel pretty good about it, but they cannot represent to them that it is 100% sure because that is another administrative body that has to review it and make its decision.The council can help them to achieve that goal by passing this tonight.They will then write the city a letter inviting the city to make comments on the project. Vice Mayor Dietz asked if all of the properties they have done in Arizona and Utah been done with federal tax credits. is correct. they are all low income. is correct. that is all they have built. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 12 OF 50 Mr. Paul Gilbert stated that Vice Mayor Dietz asked if Mr. Paul Gilbert stated that Vice Mayor Dietz commented Mr. Paul Gilbert stated that is correct.It is a lot of units to have built all with tax credit funds. Councilmember Smithson stated he is quite impressed with the concept of selling the units to the renters after 15 years for what they have paid in.He could not see it in the agreement and asked them to show him where it is.He could not see that labeled or specified. Mr. Paul Gilbert stated that will be put in as a provision in the CC&Rs.He does not think there has been anything submitted to the city that has it except for putting it on the record here and committing to do that. That is their purpose and they have said it at every meeting and they intend to do that. Councilmember Smithson asked if there is a stipulation that covers that. Mr. Paul Gilbert stated there is not. Councilmember Smithson stated if they have made a presentation that is a major provision, which he thinks is fantastic, then he would like to see a stipulation added that it will be included and it will be required. Mr. Paul Gilbert stated they are not afraid of that because that is what they intend to do. Councilmember Smithson stated that will help. Mr. Paul Gilbert stated they think it is a great idea.It will help increase the quality of people that will come.They want to do it and they are looking forward to it. Mayor Insalaco commented they talked about the restrictions there would be for people moving in there.When he went through it, he could probably buy a REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 13 OF 50 cruise line or 747 and get away a lot easier.That is what impresses him; they are sticking to their word on how well these will be kept.He then opened the public hearing on the items. Ms. Donna Marquardt, 1770 N. Valley Drive #59, Apache Junction, asked what would be the process if this is approved by the council and the low income housing gets built.The council is aware that they have an issue with the development that they are in.She asked how people would get information on this development and how they could apply to be a resident. Mayor Insalaco commented when this portion is through they will ask them. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, stated it is a great project many years too late.He added if council would have approved this back in 1993 when he was advocating for it and more diversity in Apache Junction, maybe there would not be houses all over Apache Junction sitting empty and foreclosed.He is concerned about the timing with the stock of foreclosed housing in the 10 -year- old developments.He also hoped they would be doing it on the sewer system for environmental.He believed no lighting would be an issue.The Gila River Indian Reservation is using solar street lighting that requires no lighting, just pedestals.It may not be as good as powered street lights but it might be an option.They need to memorialize the selling of the properties in the contract.He is also worried about who will be setting the price when the property comes up for sale.It could be an issue.The seller could raise the price to whatever they want. It could become cost prohibitive for the people who have been paying rent all these years. Mayor Insalaco closed the public hearing with no one else wishing to speak.He asked the city attorney if he could ask a question of the applicant. City Attorney Joel Stern stated he could reopen it for the applicant to come forward and answer questions. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 14 OF 50 Mayor Insalaco asked how people will know about this. Mr. Paul Gilbert stated they advertise and market the property just as any other developer would do.They have a waiting list for every one of their projects.They have never had trouble filling them.It is the least of their worries.If they can get underway, they will be very comfortable.A copy of their study has been given to them so that they know they are very earnest about this project.He wanted to readdress Councilmember Smithson's question.His clients have agreed to put a stipulation in our tax credit application committing them to selling the units after the fifteenth year.That is a commitment.They will not qualify for the tax credits if they do not get it.That is pretty airtight. Councilmember Smithson suggested they include a stipulation requiring that in the ordinance.The city will be requiring it and it will also be required in their documents. Mr. Paul Gilbert stated that is fine.They are in agreement with that.Another concern was the timing of the project.Not everything can go as it should as there may be some hang ups here and there.He does not believe there will be any hang ups in Apache Junction from what he has seen.The staff has been great to work with and they have moved things along.Having the preliminary plat and the final plat on the same agenda is a real tribute to how well the staff has worked with them.Assuming things go on schedule and they get through the tax credit approval process in a timely manner, their goal is to start construction in September or October of this year and they hope to be complete by May of next year.They are excited to move forward.There was a good question on how the price will be determined on these units after 15 years.Their credit for their rent could be illusory if we simply raise the price of the home by the same price they paid for the rent.As explained at the planning commission hearing, after 15 years they will contract an independent, bonafide appraisal as to the price of the house.That will set the price of what they sell it for.It is not something they can manipulate and try to get back what they have promised by REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 15 OF 50 giving full credit for the rent.Regarding the lighting, if they want them to do a street light district, they are happy to do that.Whatever the city wants them to do, they will do. They will abide by what the city tells them to do.They are familiar with street light districts; other communities are pushing for more and more of that in his practice.They will have surveillance cameras throughout the project.The interior streets will be safe and completely lit. City Attorney Joel Stern stated he probably should reopen it for the public. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion. Councilmember Smithson stated he is very impressed with the project, especially with them reducing the density.He has been in city government for 40 years and he cannot remember anyone coming in and reducing their density before.He pointed out the city council probably would have approved this a long time ago, as someone suggested we should have, if it had been submitted to us.They have to wait until someone submits an application before they can approve it. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1379 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 16 OF 50 Councilmember Barker MOVED THAT ORDINANCE NO. 1379, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT, INCLUDED IN THE CONDITIONS WITHIN THE ORDINANCE WOULD BE NUMBER NINE, THE MANAGERS, OWNERS, OPERATORS AND/OR HOMEOWNERS ASSOCIATION OF APACHE JUNCTION TOWNHOMES SHALL COORDINATE WITH THE CITY'S POLICE DEPARTMENT AND CONTINUALLY PARTICIPATE IN LOCAL, CRIME- FREE, MULTI -FAMILY HOUSING PROGRAMS, NEIGHBORHOOD WATCH PROGRAMS OR SIMILAR PROGRAMS, TEN, THE PRIVATE REAR YARDS OF THE INDIVIDUAL HOME LOTS SHALL BE ENCLOSED WITH SIX FOOT CINDER BLOCK WALL, ELEVEN, THE LEASE AGREEMENTS WITH THE RENTERS OF APACHE JUNCTION TOWNHOMES SHALL INCORPORATE THE SAME TYPE OF LANGUAGE AS THE LEASE AGREEMENTS FOR THE KATHERINE HEIGHTS DEVELOPMENT SUBMITTED WITH CASE PZ-3-11 INSOFAR AS STRICT RULES FOR MAINTAINING A QUALITY DEVELOPMENT AND A SAFE, CLEAN CRIME- FREE NEIGHBORHOOD, TWELVE, THE SALES AGREEMENTS AND CONDITIONS, COVENANTS AND RESTRICTIONS FOR EVENTUAL PURCHASERS OF APACHE JUNCTION TOWNHOMES HOMES AND LOTS SHALL INCORPORATE THE SAME TYPE OF LANGUAGE AS THE LEASE AGREEMENTS FOR APACHE JUNCTION TOWNHOMES AS ALLOWED BY LAW INSOFAR AS STRICT RULES FOR MAINTAINING A QUALITY DEVELOPMENT AND A SAFE, CLEAN CRIME -FREE NEIGHBORHOOD, AND THIRTEEN, THAT THE RENTERS WHO CHOOSE TO BUY THEIR UNITS AT THE END OF THE 15 YEAR PERIOD WILL RECEIVE CREDIT FOR THE RENT THEY HAVE PAID AND THE STIPULATION TO SUCH BE ADDED TO THE RENTAL AGREEMENT. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE FINAL SUBDIVISION PLAT FOR "THE VILLAS AT SUPERSTITION MOUNTAIN PHASE 2", BY APPROVING A NEW PRELIMINARY SUBDIVISION PLAT, PROPOSING TO RENAME AND RE -PLAT THE FORMER SUBDIVISION UNDER THE NEW NAME "APACHE JUNCTION TOWNHOMES", IN CASE SD -1-11, AS REQUESTED BY PATHFINDER TRF THREE LLC AND ADAMS CONSTRUCTION COMPANY, REPRESENTED BY BEUS GILBERT PLLC, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 17 OF 50 Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RESOLUTION NO. 12-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR "APACHE JUNCTION TOWNHOMES", IN CASE SD -1-11, BY PATHFINDER TRF THREE LLC AND ADAMS CONSTRUCTION COMPANY, REPRESENTED BY BEUS GILBERT PLLC, BE APPROVED. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mr. Paul Gilbert asked for a point of order. Mayor Insalaco granted the point of order. Mr. Paul Gilbert stated the city will be receiving a letter from the State of Arizona Low Income Housing Credit Program.He will leave a copy of this with the city manager.The letter needs to be filled out and returned prior to March 1, 2012.It is cutting it very close, but they would appreciate it if they would fill it out and make sure it gets turned in. Mayor Insalaco stated they would do so. OLD BUSINESS QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 18 OF 50 ) )Assistant City Manager Bryant Powell gave a brief presentation on the Downtown Redevelopment and Implementation Strategy.He included pictures of before and after redevelopment projects. Parks Superintendent Nick Blake gave a briefing on the new Trail of Flags for the national flag, state flag, and armed forces flags project at the intersection of Apache Trail and Phelps Drive.It will be across from the focal point.Photographs and development plans of the ongoing project were provided.During the discussion the mayor stated that he had turned in a check for $2,500 from VFW Post 9399 and he has a commitment from the American Legion for $2,500 and Dave Waldron is working with VFW Post 7968 for another $2,500 that should also cover most expenses. Mayor Insalaco commented he has also talked to some of the auxiliary organizations of the clubs to keep the city supplied with flags.There will be basically no cost to the City.The flags will fly all year long except from June through August because of the monsoons.They will be put up for Flag Day and Fourth of July. Parks Superintendent Nick Blake stated one good monsoon will destroy the flags. Councilmember Serdy asked if he had drawn up the design. Parks Superintendent Nick Blake stated he did. Councilmember Serdy commented it is good they did not go out of house.He likes it when they do it all in house. Assistant City Manager Bryant Powell stated they will be back in two weeks for direction to staff. Mayor Insalaco closed the item.This was a discussion item only with no action at this time.He called for a brief break. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 19 OF 50 Mayor Insalaco reconvened the meeting. MEDIAN ENHANCEMENT PUBLIC ART PROJECT ON OLD WEST HIGHWAY AND OVERVIEW OF ALTERNATIVES FOR PUBLIC ART IN THE DOWNTOWN )Business Advocate Janine Solley briefed the council on the item. Councilmember Serdy commented he would like to see the Focal Point and Tourism Committee do what they did with the Trail of Flags.They raised that $8,000 very quickly.He thinks that group can get together and get the first piece purchased.He would like to not use the $10,000 if they do not have to.There are lots of opportunities to go out for solicitation, just like the centennial group did.They do not have to get all three at once.They can just do them one at a time. Vice Mayor Dietz asked if they want to stay with this first one or look at some other options.The first one was running about $10,000 per piece. Councilmember Serdy commented it appeared everyone liked the designs.He asked if they could cut costs anywhere.The artist himself came up with the material.They could look at material changes.If the money can be raised they can do it with the quality proposed. Mayor Insalaco commented the material he proposed shows a light through it.It is almost like a neon sign.He does not know what other material would act that way. There was general discussion and the consensus was to go for the original option. Councilmember Barker asked if this will be a city project and, if so, what process do they go through to raise money.She asked what they need to do if it is a city project and they did not go out for this procurement correctly. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 20 OF 50 City Attorney Joel Stern stated it is up to them to determine if this is a city project. They have options.They can say it is a city project that is more long term than they wanted.They can create an art commission.Others cities have done that.That commission would be subject the open meeting law so staff resources would have to be used.They can pick and choose who they want the same way they do the planning and zoning commission members. They will probably have to amend the city code as there is no art commission set forth in the city code.If they do all that and the art commission proposed work to them, they would still have to procure the artwork if they are going to use city money. He does not mean donated money.It would be city coffer money from other sources.They would have to comply with Article 3-7 which means it must be competitively bid.If they do that, then they can do the artwork.What happened in this case was we did not do it the exact way we should have under the city code procurement process.Donations are gotten by asking for them. They can put it out on the city internet and someone could say they want to donate $100 for this particular purpose.It would go into a special fund.It could be with the Friends of Apache Junction; they could also take the donations.It could be earmarked specifically for that purpose and could not be used for anything else. Business Advocate Janine Solley stated she researched some of the nearby communities to find out how they go through the procurement process.They utilize a process very similar to what we did, but because we were not sanctioned or appointed by the city council for the commission that we put together there was a glitch.They have art and/or culture commissions that they work with.The process is sanctioned and therefore when they go out to bid, they do a call to the artists.They do not bid it out.That is how they procure their art.There are instances where they do direct purchases or artist selections, specific artist selection for services, a direct selection of the artist, direct purchase of existing artwork and instances like that where they enter into an artist contract.Typically if it is a concept or creation they will do the whole process of a call to the artists. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 21 OF 50 Councilmember Barker commented she thought she should bring up some points that have to be ironed out before any decision can be made. Business Advocate Janine Solley stated if we use our current bid process that we go through we will still have to answer the question of when we go out to bid who looks at those projects that are proposed when they come back.Typically in other communities the council does not see the public projects.There was one community where if it was $50,000 or more the contract would have to go before the council for approval.Typically it stays at the level of the commission for a smaller community.They may choose to do that differently.They may want to see the art.It is up to them how they want to do that. Councilmember Smithson stated he did not say anything when it came up before because a lot of work had gone into it.He had been more towards an iron thing as being more compatible with what we have outside here and at the focal point.He is obviously in a great minority but he thought he would express that. Business Advocate Janine Solley stated that is a great point.They had that on the sheet as one of the options.Originally when they thought about the median it was to use iron.The mixed design he did some time ago.When the Downtown Redevelopment and Implementation Strategy came out and it said to engage the community and involve them in the process, that is when the city reached out to the Superstition Area Cultural Alliance and said they should not narrow the concept to just iron.There might be other great alternatives out there. Mayor Insalaco commented they might be able to get all three pedestals done for the price of one. Business Advocate Janine Solley stated that would be a policy decision. Councilmember Serdy commented if they are all donated like the focal point and the Lost REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 22 OF 50 Dutchman, if they fall into our lap, we do not have to do any of this. Councilmember Smithson stated they would have to accept it. Councilmember Serdy commented they did not have to form that group to get the burro and the Dutchman outside. City Attorney Joel Stern stated that was a generous donation from the Superstition Mall owner through a communication to the city manager's office. Councilmember Serdy asked if there is some way to look at just having these things donated. City Attorney Joel Stern stated they could. Councilmember Serdy asked if they could to it without having to involve all the staff, having them attend all these meetings and posting things. City Attorney Joel Stern stated there is still a staff effort to get the donations, but the answer is yes. he knew where these things are. they have not been built yet. needed anything else. Councilmember Barker asked if Councilmember Serdy commented Mayor Insalaco asked if she Business Advocate Janine Solley stated she will be back in a couple of weeks for direction. City Manager George Hoffman stated tonight's objective was to get them thinking about it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 23 OF 50 They will be back in a couple of weeks for them to tell staff what they want to do. Mayor Insalaco closed the item.This was a discussion item only with no action at this time and he moved on to the next item. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ACCEPTANCE OF RESIGNATION OF FORMER COUNCIL MEMBER DOUGLAS COLEMAN, DISCUSSION ON LEGAL REQUIREMENTS AND MANNER OF FILLING COUNCIL VACANCY CREATED BY THE RESIGNATION AND DIRECTION TO STAFF ON PROCEDURES FOR FILLING THE COUNCIL VACANCY )City Clerk Kathleen Connelly briefed the council on the item. much time she together.He have for when come into the packet and it need. Vice Mayor Dietz asked how would need to put the council vacancy packet would like to see a packet put together like they someone runs for a council position.One has to city clerk's office, sign out for and receive a will have all the information that someone will City Clerk Kathleen Connelly stated if they give direction today, they would be sending that out to run in the local newspapers to appear next week.It would be run the week of February 27.We would take the applications from February 27 through March 5. Vice Mayor Dietz asked when they would begin accepting application packets. City Clerk Kathleen Connelly stated they would not be available before next Monday.Next REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 24 OF 50 Monday would be the earliest date and if they want to give a 10 day window they would go into the next week. Councilmember Barker commented she would rather give them a longer window then that. City Clerk Kathleen Connelly stated that is their choice. Councilmember Barker stated she would like the public to have the opportunity to see the press release, think about it and then come in and pick up a packet if they are interested.If we are going to require the talent bank application as well as the disclosure statement, the notarized affidavit plus written answers to questions, which she thinks should be there, it will take longer than a couple of days.People have other things to do, too.She would much prefer to see a 3 week or even a 30 day window. Vice Mayor Dietz commented he was just asking for a date on how much time Kathy needs to put a packet together. City Clerk Kathleen Connelly stated she was assuming they wanted it as quickly as possible because if they were to give direction tonight it would be very tight for my department to have everything ready by next Monday. Councilmember Barker commented they could go the following Monday. City Clerk Kathleen Connelly commented if they went to the following week that would be good. Vice Mayor Dietz commented that would be March 5.It would be received back by April 2; that would be a month.He asked if that is enough time. Councilmember Barker stated that works for her. Vice Mayor Dietz asked the city clerk if that was alright. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 25 OF 50 City Clerk Kathleen Connelly stated April 2 would be fine.The earliest they would be doing interviews would be April 16. Vice Mayor Dietz commented they would do it March 5 through April 2.He asked if that was good with the council.That is a full month that they would have the packet.They should be able to get everything notarized and answer the questions. Mayor Insalaco commented the interviews would be on a Monday night. City Clerk Kathleen Connelly stated that would be their choice.It is what they have done in the past.They would have the work session of April 16.Not knowing how many applicants they might have, they might not be able to do all the interviews the one night. Mayor Insalaco commented they might have to do some the following night. City Clerk Kathleen Connelly stated we have no way of knowing how many people might be interested. Vice Mayor Dietz asked if they wanted to do the appointing two weeks later. City Clerk Kathleen Connelly commented April 16 would be the interviews.If they do not want to appoint the next night they would be going until May 1. Vice Mayor Dietz asked if they wanted to do the appointment May 1. Councilmember Barker commented that would work. Councilmember Serdy commented the term would expire one year and one month after that. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 26 OF 50 Vice Mayor Dietz commented she would want to swear in the new person. Mayor Insalaco stated that would be done at the first meeting in May. City Clerk Kathleen Connelly stated they would only be appointing the person that night. Vice Mayor Dietz asked if they wanted to swear him in as fast as possible. City Clerk Kathleen Connelly stated if they want it done that way they could. Vice Mayor Dietz asked if she was talking about swearing him in privately. City Clerk Kathleen Connelly commented that would be if the sequence of events was different. If they did an appointment on May 1, they could also list on the agenda that the person be sworn in that same meeting. Vice Mayor Dietz commented that is a good idea. City Clerk Kathleen Connelly stated they could put it on like a dual agenda item. Vice Mayor Dietz asked if that sounded okay to everybody. Mayor Insalaco commented this way, whoever it is, has a couple of weeks to go through the orientation for the second meeting in May.They are getting close to budget time.He would like the person to know something of what is going on.He thinks a whole month for the packet is too long.He could see 2 or 3 weeks.This is getting them right down to budget time and they will be trying to bring on a new person. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 27 OF 50 Councilmember Serdy commented he thinks they could do all the applications in one night.He does not see why they would have to go two nights. City Clerk Kathleen Connelly stated if it appears that they have 20 applicants it would be up to the city manager to shorten that work session agenda so that all they do is interviews. Councilmember Serdy commented they used to stay to midnight on cargo containers. Councilmember Barker asked how they would get them to Kathy if they want different questions or additional questions. City Clerk Kathleen Connelly stated the questions that she gave them, and some of them are very old questions, had already been pre -cleared by the city attorney.If they have other questions they want to bring up, she suggested they run those first by the city attorney.He will then need to get them to her so that she can include them in the packet. Vice Mayor Dietz commented these are not something you would need tonight. City Clerk Kathleen Connelly stated she does not need them tonight, but she will need them within the next couple of days so that she can start getting the packet together. Councilmember Barker asked if they are saying they want all these questions in the packet or can they talk about these questions and decide which ones they want or if they want any of them.Some of them are irrelevant. Vice Mayor Dietz commented he had 3 he would like to add. Councilmember Barker stated she would like to get rid of some. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 28 OF 50 Vice Mayor Dietz stated some of them need to be gone. Councilmember Serdy commented they could limit their answers.They do not have to write everything. City Clerk Kathleen Connelly stated some of the questions were requested to be answered in writing.The shorter list she gave them were answered verbally. There was general discussion as to which ones were verbal questions. City Clerk Kathleen Connelly stated they can go through each one of them and they can answer yes or no. Councilmember Barker stated some of them were written specifically for specific instances. City Clerk Kathleen Connelly stated they are not as broad as they could have been. Councilmember Barker agreed and added they are not open-ended at all. Vice Mayor Dietz asked about the first questions which asked the applicant to give examples of situations when one believes it is important to maintain confidentiality as a councilmember.He asked if they should keep it or have it go. Mayor Insalaco commented he liked it. Vice Mayor Dietz commented he liked it to, so that is staying.The second one asked from a business point of view, what characteristics make for an efficiently run city government. Councilmember Barker stated she does not even understand that question. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 29 OF 50 City Clerk Kathleen Connelly stated she still has the binder from 2008 and she took a look at it today.That question caused a lot of confusion. Councilmember Barker stated she would like to scratch that.This is not a business.It is called a city. Vice Mayor Dietz stated the next one asked how you get cooperation from someone with whom you work. Mayor Insalaco commented they could take this question and the next one and almost put them together. Vice Mayor Dietz read the next question that asked to please share an example of a situation where your negotiation style worked to bring about a win -win situation. Councilmember Smithson stated he would take that one over the previous one. There was general discussion with the consensus being to remove the one dealing with how one usually gets cooperation. Vice Mayor Dietz commented they have gotten rid of the second and third one.He stated the next question asked the applicant to show an example of a situation where your negotiation style worked to bring about a win -win situation. Mayor Insalaco stated he liked that one. Vice Mayor Dietz commented they will keep that one.The next one asked what processes the applicant used to problem solve. Councilmember Smithson stated that one would be very hard to answer. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 30 OF 50 City Clerk Kathleen Connelly stated that one also caused a lot of confusion.They could not figure it out. Councilmember Barker asked if they wanted an essay or what.She could do that in 5 paragraphs or so. Councilmember Smithson stated they could also have answered that question in the previous one if they did a good job of it. Councilmember Barker agreed. Councilmember Smithson stated it they do not, they do not appoint them. Vice Mayor Dietz stated the next question asked if selected to fill the vacancy on the council, how would the applicant expect to impact the residents of our city.He believed that one should stand. Councilmember Serdy commented that would give them a chance to elaborate on what they think they have to offer. Councilmember Smithson stated they could just ask them what they have to offer. Vice Mayor Dietz commented the next question asked when is it most difficult for the applicant to be attentive to or give consideration to another individual's point of view. Councilmember Barker stated when you disagree with them.She asked what they do about it. She thinks the question needs to be reworded.They can all name when it is most difficult but it is how they handle it. Councilmember Smithson agreed that is the question. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 31 OF 50 Councilmember Barker commented the question is what do you do. they should rewrite it. commented Joel is rewriting it. get rid of this one as it is. Vice Mayor Dietz asked if Councilmember Barker Vice Mayor Dietz stated they City Attorney Joel Stern confirmed that they wanted it to ask how they would handle that situation. Vice Mayor Dietz commented the next question asked in the applicant's mind, what distinguishes a superior employee from an employee who gives a typical good performance. There was general discussion and the consensus was to get rid of that question. Councilmember Serdy commented the city manager is over the employees. Vice Mayor Dietz commented the next question asks what skills the applicant possesses that make them uniquely qualified to fill this vacancy. he liked that one and to keep it. Councilmember Smithson stated Mayor Insalaco agreed. Vice Mayor Dietz stated the last one asks the applicant to give examples of instances where the applicant believes they may use these skills as a councilmember. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 32 OF 50 Councilmember Barker asked what skills they are talking about, and then realized it meant the skills mentioned in the previous question. Councilmember Serdy commented they can blend that into one question. Councilmember Barker stated they could make it A and B. Councilmember Serdy stated it could give them the opportunity to be longwinded and he does not want to see that. Mayor Insalaco commented they could be essays as Councilmember Barker stated earlier. City Attorney Joel Stern stated they could have the questions and then limit the space to 3 or 4 lines in between to limit how much they can write.They can do that.That way they do not have to go on for 20 pages. Councilmember Barker commented what happens if they write very large. City Attorney Joel Stern stated they can have a disclaimer stating no more space will be allowed than what is provided. Vice Mayor Dietz commented they could limit it to 25 words. Councilmember Barker stated they cannot answer those questions in 25 words, even as precise as some of them are.She has a few she wants to pass by the city manager. Vice Mayor Dietz commented he has a few he is going to give to the city attorney. Councilmember Barker stated they are probably the same questions she has. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 33 OF 50 Vice Mayor Dietz commented they are pretty close. City Clerk Kathleen Connelly stated if they go a page or two further there are the additional questions. Vice Mayor Dietz commented they do not want to let those out. City Clerk Kathleen Connelly stated they are already in a public packet. Councilmember Barker commented they are two words or less, basically yes, no or maybe some more. Vice Mayor Dietz commented these are questions they may want to ask or may not want to ask. City Clerk Kathleen Connelly asked if they want them to be responded to in writing. Vice Mayor Dietz and Councilmember Barker both stated no. City Clerk Kathleen Connelly stated that is what she needed. Councilmember Barker stated her next question is that they cannot add any other questions to these at this time.If they pass them through Joel, then the rest of the council will not have seen those questions.We just eliminated a bunch of questions.She asked what if they had a question that they gave to Joel and he stated it is legal to ask but no one else on the council heard the question and they did not like it. There was general discussion on what they should do. City Attorney Joel Stern commented they could state them right now. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 34 OF 50 City Clerk Kathleen Connelly stated they have 5 written questions. Vice Mayor Dietz commented what he wants to ask is what is a recent action that the city council made that you agree with and why. Councilmember Barker commented she would make it the current city council. City Attorney Joel Stern stated that is legal. Vice Mayor Dietz commented the other one is what is a recent action the current city council made that you did not agree with and why. Councilmember Barker added and what would the applicant have done differently. City Attorney Joel Stern stated that is legal. Councilmember Barker stated those are the two she had. Vice Mayor Dietz commented he had a third one that asked if chosen, what action would the applicant like to put on an upcoming agenda and why. City Attorney Joel Stern stated they are legally and technically not council members yet but this is open to the public. Vice Mayor Dietz commented it does say if chosen. City Attorney Joel Stern stated it is legal. Vice Mayor Dietz commented he does not know what everyone else thinks.He was just thinking about it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 35 OF 50 Councilmember Barker stated she believed they almost asked that question with one of the earlier ones with how they would expect to impact the residents of our city. Councilmember Serdy stated it is basically the same thing. Vice Mayor Dietz commented it could be a question that a council member might just ask.It might not be on the sheet. Councilmember Smithson stated they could solve all of this and not accept his resignation. Vice Mayor Dietz asked if there were any other questions the others would like to add. Councilmember Serdy commented there will not really be a live interview. Vice Mayor Dietz stated there will be. Councilmember Barker asked if they can ask questions during the live interview from their answers to these questions. City Attorney Joel Stern asked if she meant him or them. Councilmember Barker stated any of us. City Attorney Joel Stern stated they could. Councilmember Serdy commented that all the questions have to be run through Joel. any of us. stated they could. Councilmember Smithson stated he will tell us if it is not a good question. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 36 OF 50 Vice Mayor Dietz commented he just wants to make sure it is all legal. Councilmember Barker commented this is where someone answers one of these questions, we read the answer and wonder what they meant by that.She asked if they can ask them what they meant by that. City Attorney Joel Stern stated absolutely.That is fair game. There was general discussion on their being able to ask questions of the answers. Councilmember Serdy commented he always asks a question about HOAs because half of the city is for them and half are against.He could not ask that question of third candidate if he did not ask it of the previous candidates. City Clerk Kathleen Connelly stated if he wants to ask that question of everyone she would suggest they make it a written question and make it part of the packet. Vice Mayor Dietz stated he had no problem with it being on there. City Clerk Kathleen Connelly asked for the question. Councilmember Barker stated she did not see the point of asking that question. Councilmember Serdy commented it helps determine peoples' thought processes for property rights and what you can do with your own property. Councilmember Barker stated that is kind of political. There was general discussion on whether they wanted to add that question. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 37 OF 50 City Clerk Kathleen Connelly asked if he would prefer to have that question asked at the interview and not have it in written form. Councilmember Serdy stated that is correct. City Clerk Kathleen Connelly stated it will have to be asked of all the applicants. Vice Mayor Dietz asked if there were any other questions. Mayor Insalaco commented he thought they had enough. City Clerk Kathleen Connelly stated they have eight written questions. Vice Mayor Dietz commented they took five out and added two. Mayor Insalaco stated they added three. City Clerk Kathleen Connelly stated there is one on what recent action of the current city council did you agree with and why, what recent action of the current city council did you not agree with and why and what would you have done differently and the last one states what action would you place on a future agenda and why. Councilmember Barker commented she believed the last one could be woven into the one that reads if selected to fill the vacancy on the council how do you expect to impact the residents. Mayor Insalaco commented they could ask it in a different way. Councilmember Barker stated it is pretty much the same question. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 38 OF 50 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 something 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 on whether 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. 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 THE SUCCESSFUL COUNCIL APPOINTEE BE PUBLICLY SWORN IN AT THE MAY 1, 2012 COUNCIL MEETING ALSO. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The 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 no more than 6 feet from the roof line.He is not 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 Councilmember Smithson asked if a person could have a Quonset hut that was strictly used for horses. Development Services Director Brad Steinke stated they could not. Councilmember Smithson stated it states here that horse stuff is excluded. Development Services Director Brad Steinke stated Quonset huts are expressly prohibited regardless of the use.He believes he is saying they should put that in the ordinance to be clear. Councilmember Smithson asked if metal buildings that would be very high, higher than the house, but still used for horses, would be excluded. Development Services Director Brad Steinke stated they would not.The only exemption for horse structures and carports has to do with the design; not with the height or the size.If that was confusing, then they need to clarify that. Councilmember Serdy commented what he sees is the problem with most of these is the color. When Gold Canyon Resort was stark white and you drove along US 60, people would look over there and wonder what it was.Now that it is blended in with earth tones and it is not even seen. He was at Apache Lake Marina a couple of weeks ago.There is one silver building.You have a beautiful lake and you do not even see a lot of the homes and buildings there, but that silver and stark white ruins the views.These things should be blended in. Development Services Director Brad Steinke stated our present ordinance does require the use of earth tones and to have desert colors. Councilmember Serdy commented any silver building like this would be illegal. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 41 OF 50 Development Services Director Brad Steinke stated staff could make the case that it should not be approved.The city also requires that they put textured paint on it that is usually beige or an earth tone color.One could make the argument with the existing regulations that if it is a silver building it should not be allowed. Mayor Insalaco asked if the Quonset huts were made of galvanized steel. Development Services Director Brad Steinke stated they are. Mayor Insalaco asked if he knows how long paint lasts on galvanized steel. Development Services Director Brad Steinke stated one of the arguments under the current ordinance is that they require them to spray them with textured paint as one remedy and some folks in the opposition group state it would probably void the warranty on the galvanized steel immediately.In a few years it might start chipping and look worse than the galvanized steel would.They took issue with the textured paint being an aesthetic remedy.He asked if the majority of them believe that prohibiting Quonset huts is a reasonable regulation. The consensus was it was. Development Services Director Brad Steinke stated the neighborhood group would like to see all metal -sided buildings in the R-143 prohibited.That would include the Quonset hut and prefabricated, galvanized metal steel buildings.The majority of the commission did not want to go this far. Councilmember Wilson commented the all metal buildings do not necessarily have to be galvanized.He passed around a brochure on equine -related structures from MD Buildings.They are metal, painted and have a warranty on the paint as well.There is currently one inside the city at this time and in this district that he knows of. Unfortunately the individual selling these is at a show in REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 42 OF 50 Scottsdale right now.They are all over the state and are very good buildings.He does not see why the city would not allow them.They could decide they need to have a conditional use permit.They would have a rule that says no metal buildings at all and someone wants to come in and do it, they are creating an undue hardship for anyone that would want to put something up like this.He thinks they are stepping on the property owners' rights and privileges. Councilmember Barker commented they are talking about accessory buildings.From what she understands, the exterior walls of an accessory building located in R-143 need to be covered with building materials that are compatible and consistent with the main dwelling structure. That is where she is wondering how these MD Buildings will fit. These are beautiful buildings; there is no doubt about it. Councilmember Wilson commented they are barns. Councilmember Barker stated they are and there are accessory buildings in here. Vice Mayor Dietz commented if they are used for horses they should be excluded. Councilmember Wilson commented they have to have a solid wall down and they will have to meet the requirements. Vice Mayor Dietz asked if the R-143 was originally set for conventional construction. Development Services Director Brad Steinke stated that is correct. Councilmember Barker stated they could not build one of those ugly metal buildings constructed into a home.She has seen it done. Development Services Director Brad Steinke stated in this environment he has seen very little metal -sided homes. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 43 OF 50 Councilmember Barker commented it would seem a little hot. Development Services Director Brad Steinke stated the strict constructionist view of the ordinance as the commission has recommended it strengthens the aesthetic connection between the main home and the accessory building.Unless the main home has metal siding, staff is not going to approve a metal -sided building even if it is a beautiful metal -sided building. Councilmember Barker commented because it would not meet the one she just read. Development Services Director Brad Steinke stated it would not meet the intent and spirit of the ordinance.However, there is one slight variation of this. If someone has a wood -sided home or board and batten or clapboard horizontal on the bottom, it is steel.You cannot tell the difference between that and vinyl at a distance of 15 to 20 feet and aesthetic wood.This is where staff is uncomfortable to prohibit a whole sector of material.It might be an unnecessary quantum leap.This is something they have to be mindful of.There is aesthetically pleasing steel.The question comes back that when they have a wood -sided building like this and someone wants to reflect it in a metal building, should staff have the discretion to approve it as long as the design is similar. Councilmember Barker commented if they can answer number 7 which states that it should be covered with building materials that are compatible and consistent and if you as the zoning administrator see it as metal but it was compatible and consistent, then it would seem to meet the requirements. Development Services Director Brad Steinke stated if the council says compatible and consistent to staff when this ordinance comes back and that it does not have to be the exact material on the main building and the accessory building, but it has to be compatible visually, then that gives them the marching orders to do what we want to do.Several years ago the council said put textured spray paint REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 44 OF 50 for metal buildings.They went ahead and approved everybody with textured spray paint.It did not do a bit of good for anybody, but they followed direction.He asked them to keep that in mind.The question is should this ordinance prohibit all metal -sided buildings. Councilmember Barker stated she would say no.They are talking about accessory buildings here, not huge buildings. Councilmember Wilson asked if someone would be able to build one of those barns if they wanted to.It is metal. Mayor Insalaco stated if it is compatible with the house. Councilmember Wilson asked how they can make it compatible with the house. Councilmember Barker stated he showed him that when he showed them the pictures with the siding. Development Services Director Brad Steinke stated if the house is stucco, and most of them are, and someone comes in and wants to build the lower right hand building in the photos, they will say no. Councilmember Wilson asked what he would say on another one that he showed him the picture of.It is metal and painted. Development Services Director Brad Steinke stated the one on the left is like a board and batten.If the house is board and batten in wood and they came back with this, then they would probably say that would be compatible.The color scheme would have to have some compatibility. Councilmember Wilson asked if you had stucco outside your home. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 45 OF 50 Development Services Director Brad Steinke stated they would say it is not compatible.If they felt that staff was wrong, they could go through planning and zoning for a conditional use permit and try to convince them of that.They are not the final arbitrator, they are the first step. Councilmember Wilson commented they will not have much of a chance of coming in. Development Services Director Brad Steinke stated if it was stucco and they want to do either of these two, he would probably not approve them.That is what this ordinance is suggesting.It is the compatibility or strengthening of the two.That is really the strength of where this ordinance goes.To make it clear, if they want to see these types of buildings allowed by right, then they should not approve this ordinance.Or if they want to exempt all horse structures of any size from any of these regulations, they could set those aside by themselves. Councilmember Barker stated that is a huge can of worms. Development Services Director Brad Steinke agreed that it is a huge can of worms and he does not recommend it. Councilmember Smithson asked how tack rooms fit in here.They are not one of the exemptions here. Development Services Director Brad Steinke stated the ordinance before you has the partial. If someone has a tack room underneath there as part of their horse shade, that would be fine.Most people do not want to have a tack room in an open area.The next question was in regard to limiting the building height to the main building height.He commented he saw some nodding the other way but he does not believe they will get unanimous approval on this thing. The next question was on equestrian structures.The six foot commission recommendation allows this sort of thing.At the last meeting council members raised the issue about three -sided REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 46 OF 50 buildings for equestrian uses.If we do that we would go with the exemption for three -sided buildings.A 5,000 sq.ft. three- sided metal building will not look a whole lot better than a 5,000 sq.ft. four-sided metal building.If they want to allow this sort of thing, 75% of the exterior wall surface is covered and 25% is open.It would be virtually closed, but not completely.When people say this is for equestrian use they believe them.Three months later there could be motorcycles in there.When you start to make exemptions, that Pandora's box does start to play a part in all this.The question before them is six foot or beyond that exempt three -sided equestrian structures with 75%. Councilmember Wilson commented if they are storing hay and you are only coming down 6 feet, you will have a lot of destroyed hay at $20 plus a bale. They forecast the price of hay going up just like gasoline.It will be expensive.There will be hay wasted because of damage from rain.Even though we do not get much rain, it will rain and the hay will mold. Councilmember Barker stated three -sided does not answer that either. Councilmember Wilson stated it does because you put the open side against the prevailing wind.Or you can put a gate up in front. Councilmember Barker stated she likes the three -sided and she thinks he makes a good argument. Development Services Director Brad Steinke stated he will come back with three -sided. Councilmember Smithson commented he assumed they will have the opportunity to hear what the neighbors think. Development Services Director Brad Steinke stated that should be it.He has the direction he needs to bring this back.He estimated four weeks before he would schedule a public hearing on it.They should let him know REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 47 OF 50 about anything they have issues.with between now and then.He asked Councilmember Wilson if he wanted him to hold onto the information from MD Buildings and include them in the packet next time. Councilmember Wilson stated he would. Councilmember Smithson suggested the public might want to be here on this issue and be aware of what has been tentatively decided, at least for consideration, and write letters to us so that we know ahead of time rather than wait for the public hearing.And they need to come to the public hearing, too. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ACCESSORY BUILDING DESIGN REGULATIONS:THAT THEY TAKE THE CONVERSATION THAT WAS HEARD TONIGHT AND WORK IT INTO A DRAFT ORDINANCE AND BRING IT BACK. Vice Mayor Dietz SECONDED THE MOTION. VOTE:5-1 (Councilmember Wilson voted in opposition.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 5, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 BE HELD ON TUESDAY, MARCH 6, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 48 OF 50 VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Myrna Kuki, 1770 N. Valley Drive #48, Apache Junction, addressed the council regarding the septic problems in Acacia Villa Mobile Home Park and her hope for relocation. Ms. Donna Marquardt, 1770 N. Valley Drive #59, Apache Junction, addressed the council regarding the septic problems in Acacia Villa Mobile Home Park.They would like the park to be closed and for them to be relocated.She provided them with a copy of a letter she sent to the attorney general. Mr. Darryl Cross, 1018 N. Acacia, Apache Junction, addressed the council regarding the proposed ordinance for accessory buildings.He is against the ordinance as written as it does not consider horse owner needs. Mr. Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council to announce he is a candidate for Pinal County Supervisor District 5. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the proposed Trail of Flags and the ongoing litigation in the court of appeals. Mr. Douglas Coleman filled out a request card but declined to speak. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:53 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 7, 2012. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 49 OF 50 ACCEPTED THIS 6TH DAY OF MARCH, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF MARCH, 2012. 7)HN S. INSALACO L'Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 21st day of February, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of February, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 2012 PAGE 50 OF 50