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HomeMy WebLinkAbout2012-10-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 2, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 2, 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 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: (Councilmember Barker was absent.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Parks and Recreation Director Jeff Bell Development Services Director Brad Steinke REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 1 OF 32 Others Present:Senior Planner Rudy Esquivias Facility Manager Jamie Sullivan Parks Superintendent Nick Blake D.A.R.E. Officer Brian Selman D.A.R.E. Officer Marshall Harshman D.A.R.E. Officer Carl Halperin ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE STATEMENT OF WORK WITH IBM COPLINK FOR SOFTWARE FOR THE POLICE DEPARTMENT WITH THE COST TO THE CITY BEING $3,600.00 AND THE REMAINING COST OF $21,400.00 COMING FROM A GRANT. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous on Items 1 and 2, 5-1 on Item 3. (Councilmember Serdy voted in opposition on Item 3.He stated in his tenure on council he has never voted against anything the police have wanted, but he has concerns about how far that system will go in the future.He wants to see it, but he also has concerns for it.He voted no on Item 3.) The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating October 2012 as Domestic Violence Awareness Month and presented the proclamation to Public Safety Director Jerald Monahan, who introduced the new executive director of Community Alliance Against Family Abuse, Elizabeth Ditlevson Garman. Facility Manager Jamie Sullivan presented a video from the recent Arizona Parks and Recreation Association announcing the city's parks and recreation department as the winner of this year's "Educational Program Award" for the Fit Families Program. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 2 OF 32 Vice Mayor Dietz suggested she talk to Mountain Health and Wellness and see if this would be a nice connection with the Fit Families Program. Facility Manager Jamie Sullivan stated it could be and it is a great idea for another partnership. Parks Superintendent Nick Blake gave a presentation on the 25 years of service of Dennis Stevens, parks maintenance worker. Public Safety Director Jerald Monahan introduced new D.A.R.E Officers Brian Selman, Marshall Harshman and Carl Halperin. Officer Harshman gave a short presentation on the future of D.A.R.E. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced several of them attended the groundbreaking for the townhomes across the street from the multi-gen center last week.It iS a unique subdivision where people can rent the homes and after 15 years of renting the home the rent can apply towards the purchase of the home. Councilmember Waldron announced he attended another blessing of a house for Habitat for Humanity sponsored by a Final County grant. Councilmember Waldron commented if one did not get the chance to attend the grand opening of Central Arizona College, it is a very impressive facility. Vice Mayor Dietz commented a Pinal County Supervisor was also at the Habitat for Humanity with his hard hat, hammer and nails. Councilmember Wilson announced a week ago last Friday he attended the Final County Disaster Preparedness Tabletop Exercise in Florence.State, county and local government officials attended along with several businesses.He learned that over 60% of businesses do not recover from a disaster. This exercise was to help the communities understand the effects of a major storm and come up with plans for handling disasters. November 2 the chamber is having a training session for local businesses to help put together a,plan for a disaster. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 3 OF 32 Councilmember Serdy reminded those that ran for constable in August that the election is over and they need to take down their signs and someone needs to let Mr. Penzone know in Maricopa County that Meridian is the county line as he has a sign at Ironwood and Apache Trail. Mayor Insalaco commented the college is gorgeous on the outside but it does not do justice to what is inside, including the labs and classrooms. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on the Getting Arizona Involved in Neighborhoods event on October 20, the annual Domestic Violence Candlelight Vigil on October 24 and the next Citizen Leadership Institute. Apache Junction Fire District Chief Paul Bourgeios gave a presentation regarding fire safety and a recent fire in a mobile home park. Mayor Insalaco complimented the work of Apache Junction Fire District Employee Mark Gomez for his work with a family that lost everything in a fire.Chief Paul Bourgeios gave additional information on what Mark Gomez had done for the family. Assistant City Manager Bryant Powell gave a quarterly update on the Downtown Redevelopment and Implementation Strategy including the reconstruction of North Apache Trail, unique street signage for the downtown area and the first segment of the Main Street design being built in partnership with Mountain Health and Wellness. Mr. Rob Evans, chief executive officer of Mountain Health and Wellness, gave a presentation on the economic impact of locating their integrated health care facility in the downtown area.He also briefed the council on the garden plots at Earth Heart Park. Vice Mayor Dietz commented the garden beds are 4' by 8' and are raised beds.It is a good amount of space. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 4 OF 32 Councilmember Serdy asked where the soil came from that is being used in the beds. Mr. Rob Evans stated they bought it through donations.It includes fertilizer.He continued with his briefing and then gave the mayor a check for $184,000 that was due in January. Vice Mayor Dietz commented they have done a fantastic job.The wellness program is unique and he believes a lot more organizations will be following his lead in the future.Earth Heart Park is a vital part of this with the kitchen and teaching people how to cook and use these things.All the different areas of the park will be a real plus. Mr. Rob Evans stated their target for wellness is joyfulness. He hopes the park will let people have a little more joy in their lives.He thanked them for their support. Vice Mayor Dietz commented it is important that half the facility is set up for primary care.It is not just mental health.They have primary care doctors in there so that everything can be taken care of at one location. Mr. Rob Evans stated they can come in and see their primary care doctor, their counselor, their psychiatrist, partake in Tai Chi and get some exercise or fill a prescription at the pharmacy. Assistant City Manager Bryant Powell stated the development agreement is a partnership established with Mountain Health and Wellness.It was a 50/50 deal on the portions and it is great to see that come forward. Mayor Insalaco commented it is nice for the public to know that when we do business with someone they are putting money in and it is not all city taxpayer money. Mr. Rob Evans added the garden is all private money. PUBLIC HEARINGS CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION- HOME RULE OPTION REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 5 OF 32 )City Clerk Kathleen Connelly briefed the council on the item. Assistant City Manager Bryant Powell briefed the council on the budgetary implications of the item. Vice Mayor Dietz commented the city would have the money but it could not spend all of it. Assistant City Manager Bryant Powell agreed and continued with his briefing. Vice Mayor Dietz commented not having a parks and recreation department at the time is included. Assistant City Manager Bryant Powell stated that is correct, it also included no library department and a small public safety department. City Clerk Kathleen Connelly stated there were two people in the public safety department. Councilmember Serdy asked if every city and town in Arizona votes on this. City Clerk Kathleen Connelly stated some cities do not have to because they are not butting up against that expenditure limit.Our neighbor to the west, Mesa, did not have to do it for many years and she believes four years ago they finally had to go to the voters.There may be some cities that have not had to do it. Councilmember Serdy asked if there are any horror stories of cities where it did not pass and what has happened. City Clerk Kathleen Connelly stated she was not aware of any. Assistant City Manager Bryant Powell stated of all the cities, he does not know of any other REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 6 OF 32 city incorporated in 1978-1979 so there might not have been an impact from any no votes. City Attorney Joel Stern commented there are also some cities that have done a permanent adjustment.He does not know how many have done it, but if they do it they do not have to go through it every four years.He does not know of any other city where it did not pass but it has happened to some other entities.Other entities have had to do it also, such as school districts.There is a different formula but if it does not pass, they face horrible things like Mr. Powell has been bringing up. Mayor Insalaco commented that in layman's terms, it is basically one is not spending more money; it is not being able to spend the money one has.The city would have the money but would not be able to use it. City Attorney Joel Stern stated that is correct.The sales tax continues to come in. The money from Housing and Urban Renewal Funds come in, but the city cannot spend what they are not allowed to since the voters did not approve it, if this does not pass.That would be the effect. Vice Mayor Dietz commented the city had a very small police department and parks department at the time this was passed.Under the formula and population growth, they would also have to cut the budget for those departments to reach the state -imposed formula. Assistant City Manager Bryant Powell stated that is correct.Under the state -imposed limitation the city estimates it would be able to spend $25,113,637.The anticipated amount of revenue for operating the entire city government is $32,200,000.The variance is in the neighborhood of $7 million.In order to get to the $7 million, the library is $1.1 million, the parks department is $3 million, and they are then looking at public works and public safety.He commented a frequent question is if home rule is just a back door way of increasing taxes.The answer to that is no.This is not a tax issue.Tax increases or decreases are separate issues that are handled through a public process with REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 7 OF 32 the representatives elected.Home rule neither increases nor decreases the sales tax, which is the primary revenue source for city services.The city does not have a property tax. Qualified city electors may partibipate in the election.These would be residents properly registered prior to the cutoff date. If anyone has any questions he suggested they contact Community Relations Manager Pat Brenner. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated he believes this was done for responsibility and a lot of things done in Apache Junction have been way over budget.He suggested they not go over budget on projec-Ls if they want the voters to approve home rule.He is concerned that the big bucks for the roadways go where the new developments are and the neighborhoods look terrible. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He could not think of anything worse than not being able to do work because, even though the money was available, the city could not do it.He thinks the council is wise to present this to the voters.They use their best judgment to spend the money wisely that comes in.He urged the council to put it on the ballot. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion.He added it seems like they only have one person who states they are over budget.However, he does not go back to realize that things were added to the project and it was not over budgeted.He then closed the item as there was no further discussion.This was a public hearing only with no action required.They moved on to the next item. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 8 OF 32 ORDINANCE NO. 1385, CASE PZ-2-12, PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, AMENDING THE PREVIOUS DEVELOPMENT' PLAN FOR VILLAGIO AND ALLOWING SINGLE-FAMILY HOMES AS A CONDITIONAL USE IN A MULTI -FAMILY ZONE/RESOLUTION NO. 12-31, CASE SD -1-12, PRELIMINARY PLAT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR A PROPOSED 37 -LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES/ RESOLUTION NO. 12-32, CASE SD -1-12, FINAL PLAT APPROVAL REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR THE PROPOSED VILLAGIO SINGLE-FAMILY HOMES SUBDIVISION )Senior Planner Rudy Esquivias briefed the council on the items. Vice Mayor Dietz asked if there is any parking on the streets that "T" off in the subdivision. Senior Planner Rudy Esquivias stated there is not. Vice Mayor Dietz commented any guest parking will have to be in their long driveway. Senior Planner Rudy Esquivias stated that is correct and there is parking on one side of the street on Desert View.Mr. Suniga of the fire district reviewed the plan and the recommendation is to allow parking on one side of the street due to it being so narrow.It has been done in a couple of other developments as well. Vice Mayor Dietz asked if the fire department has a problem with that. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 9 OF 32 Senior Planner Rudy Esquivias stated they do not. Vice Mayor Dietz commented the homeowners association will be taking care of the road maintenance in there.He asked if the guy who owns the property down on the bottom will be required to join the homeowners association since that is his main entrance. Senior Planner Rudy Esquivias stated he will not.They have not heard from him but he is a pre-existing property owner.If he wants to use some of the amenities he might want to talk to the homeowners association about becoming a member, but he is not required to. Councilmember Wilson asked what the main concern was for the person on planning and zoning that voted no. Senior Planner Rudy Esquivias stated their main concern was the smallness of the lots and homes being too close together.In some locations the homes will be about 6' apart, which is the minimum allowed by the building code.In certain areas, there are what are called use and benefit easements, where a person's property line is actually in a common use area by both neighboring property owners.He felt it was too congested; too much in a small space and lack of privacy were the concerns he expressed. Vice Mayor Dietz commented these are a lot like the homes Kaufman did off of Goldfield and Cortez. Senior Planner Rudy Esquivias stated it is very similar to Arizona Goldfield in terms of the hammerhead clusters. Vice Mayor Dietz commented they did the same things with the streets. Mayor Insalaco commented they are called hammerheads. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 10 OF 32 Senior Planner Rudy Esquivius stated they are called hammerhead clusters.They can notice on the plat that there is a jog in some of these property lines. Those are called z -lots.When they toured the master planned communities, they toured Agritopia and saw that concept in practice.It allows for one garage to be up front with another garage staggered towards the back.It creates a z -lot design that allows for staggering of the units. Vice Mayor Dietz commented the fire district will not have a problem getting down to that deadhead and maneuver. Senior Planner Rudy Esquivias stated the hammerhead links are probably short enough that they will not have to drive in there.The grass -paved areas are capable of supporting the weight of a fire apparatus. Councilmember Evans asked if the owner -developer is also builder.She asked if there is a designated builder.She asked if this is a project that with approval will begin immediately. Senior Planner Rudy Esquivias stated Mr. Hassell is here this evening.He has not discussed those details with the contractor as to who the builder will be or if he is just brokering the development.These would be great questions for him. Mayor Insalaco requested the applicant address the council. Mr. Hudd Hassell addressed the council.He stated in 2011 they purchased Casa Villa, just down the street from this subdivision.At the time a chain link fence surrounded it.They finished the various improvements the previous developer had left.They worked with staff and fast tracked the development to get it ready.They sold it to Wilson Parker Homes.He budgeted 18 months to sell the 35 homes, starting in December 2011.It sold out in 7 months.He wished that the gentleman who left earlier was still here because some of the improvements that were done were not funded from Casa Villa.The city recently improved Cedar.It had nothing to do REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 11 OF 32 with the development or what was being done there.They are extremely grateful.It is almost 3 months exactly from start to finish for the preliminary plat through the final plat, with just a little over four months when the development agreement is included.He commended Assistant City Manager Bryant Powell, Brad, Rudy and everyone else for helping them get it through. They are going through the architectural phase now.They have submitted drawings for the elevations.These will be new single family homes, not the townhomes originally planned for the subdivision.Townhomes did not feel right here; they belong in a more urban, downtown area.They have seen that the Casa Villa neighbors improved their yards as the area was improved.Calls to the police have gone down in the area.They feel it has been a benefit to the area. Councilmember Evans agreed with him.Any project is a benefit to the area.Her background was in real estate for 24 years.She was curious if they were going to do the street improvements and sell the project.This neighborhood has gone through several of development plans where nothing has happened.She has seen their background of the company with no builders and no one with a contractor license. She asked who they are and what they are going to do.She understands they can shop the project.She does not have a problem with that.She wants to know their intent, if they are just going to improve 16th Avenue for now or if they are going to start breaking ground soon. Mr. Hudd Hassell stated they had a meeting with their title company to start their public report.They have also had a meeting with the loan originators for all the loans.They have gone through the floor plans and made the design changes.They do not feel there is a ready- made builder for this particular project.They think they are going to have to do it.In the past they would not have done that as they have done standard lots and there are plenty of builders.White Dove, Casa Villa and Meridian Manor are all sold out in that area. Councilmember Evans commented it is a great time. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 12 OF 32 Mr. Hudd Hassell stated it is a great time to be a builder.They will use a little bit of the market power to see if they can draw someone in who has that experience and is ready to go.They have done it in the past and they are not afraid now.Jordan Hatch has left Pulte and would be his construction manager.They are building a team almost reluctantly to go vertical.They think only the smart people go vertical and the dumb developers have to just stick with the horizontal stuff.They are ready to do it if the market shows it is not so sure about z -lots.They will take the lead and show that in a good market you can build good products •that are affordable.He noticed how traffic stops between Ironwood and Signal Butte for people going home to Johnson Ranch.They can put a human directional at the interchange that says they are home.They do not need to spend an hour everyday extra driving home. Councilmember Evans asked if he thinks they will have something going over there within a year. - Mr. Hudd Hassell asked if she meant homes or horizontal. Councilmember Evans stated to just even get started on the horizontal. Mr. Hudd Hassell stated he wished the guy who stormed out was still here.Our budget amount for the development agreement is $790,000.They will be under budget and deliver on time or earlier for this project. They already have all their budgets lined out for on -site stuff. They are hard-bidded on Villagio now.They are adding in the development stuff for 16th Avenue so that they can figure out what the total cost will be.They are ready to go on the horizontal stuff almost immediately.They have paid $60,000 to Arizona Water Company and almost $30,000 to Salt River Project for design work.Recently they paid thousands of dollars to Arizona Department of Environmental Quality.If they were not going to build, they would not record a final plat or go through all the motions of spending $60,000 in engineering work.They would just go through a pre -plat and then shop that.They have full drawings, they have full approval by Arizona Department of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 13 OF 32 Environmental Quality for their water and they hope to have the sewer done in a week.At that point they can start construction. Councilmember Evans asked which way they feel they will go; stay horizontal or go vertical. Mr. Hudd Hassell stated they have always done the horizontal.If he does the vertical, it would be reluctantly.He would have to bring in a team that has a craft and skill that he is not familiar with.He would have to manage the sales process, get the homes sold and warranty the homes.He thinks he might end up having to do that.He does not know that there is anyone jumping at them right now asking for his lots.He thinks right now if one can build a quality home in Apache Junction and be around $130,000 finished, they will sell all day long. Councilmember Evans commented she totally agreed.She thinks it is a sellable product.They are all over Queen Creek.They have another project on Goldfield of similar type.People like the single family homes, whether they are small lots or not.Her concern is that this neighborhood has been through this several times.She wants them to have some kind of assurance that something is going to happen there. Mr. Hudd Hassell commented they are the ones that came in and got it rolling in this neighborhood.They picked up a broken project that had sat for years and fixed it.In seven months they have 31 homes built in that project. Councilmember Evans asked if they intend to go vertical. Mr. Hudd Hassell stated their intention is to start building immediately on the horizontal and they will work on the vertical as they can. Councilmember Serdy commented his son just bought one of the homes over there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 14 OF 32 Mayor Insalaco commented it is turning out to be a nice little neighborhood.What makes it nice is that the people that already lived there across the street and everybody else are now cleaning up and fixing up their own places. Mr. Hudd Hassell commented they met great people.They had people who volunteered to do security duty at night.They are fantastic people in the area who helped keep the project going. Mayor Insalaco opened the public hearing on Ordinance No. 1385. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council.She stated she was coming as chairperson of the planning and zoning commission. She wanted to explain why there was one no vote on the commission vote.When this was presented to the commission they went over the same things the council has been asking, including how many more years this would be going on.It is currently a vacant lot with vagrants.Their job is to see if the project is within the ordinance and is safe, et cetera.Size is not necessarily their concern.A lot of people do not want big yards to take care of and a 7,000 sq. ft. minimum yard should not be forced upon them.She looked at it that this is better than being in an apartment and a lot of people would like a smaller yard or no yard.As long as the fire department had no complaints on it, she could not see why it would not work.The issue discussed by the dissenting voter was that if they are going to start approving small lots, they should change the ordinance so that everything as small as 1,000 sq. ft. can be approved. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He stated he thought the project was fantastic but he was concerned with it not having enough visitor parking. Mayor Insalaco closed the public hearing and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 15 OF 32 Councilmember Waldron commented housing is like a grocery store.If there is a variety of housing available to people there will be more shoppers coming in.Not everyone wants a large lot and some people do.He thinks the more variety they can offer, whether it is something like this or the AJ Townhomes, than we will have a better draw to Apache Junction.One thing that struck him about the subdivision is that they may be smaller lots but there are a lot of people who like that and the homeowners association.Some do not.It offers variety. Mayor Insalaco commented on Dateline the other night they had tenement houses in New York that were bought by a developer who made two apartments out of each apartment and people were buying them at 360 sq. ft. for over $100,000. Vice Mayor Dietz commented that is New York. Councilmember Wilson commented he asked the question because he wanted to know the reason for the one dissenting vote.He understands some people would prefer to have the smaller lots.He does not have a problem with that at all.He wanted to make sure there was not a concern they needed to look at.He does not want to live on a small lot, but it is an opportunity for a young family or a retired person. Vice Mayor Dietz commented there is a place for larger lots and this is a great project for this particular area.He agreed with what Councilmember Waldron said about the more variety we have.We have acre -and -a -quarter for sale out here, this project, and townhomes going in that look like homes and are gorgeous.The more variety we have, the more people will be drawn in and the more they will talk to other people.There is a place for everything. Councilmember Serdy commented in this economy it is tough to sell anything over $200,000 as they are competing against the vacant houses in Queen Creek and Maricopa.They are selling for less than that and they are bigger.A businessman has to build what sells. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 16 OF 32 Vice Mayor Dietz commented the market is ripe.They are going. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron asked if they need to address item number two from the planning and zoning commission in the motion since it is referenced in item 6 in the ordinance. Senior Planner Rudy Esquivias stated they do not since it is in the ordinance. Councilmember Waldron MOVED THAT ORDINANCE NO. 1385 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. Councilmember Waldron MOVED THAT ORDINANCE NO. 1385, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz SECONDED THE Mayor Insalaco opened the public hearing on Resolution No. 12-31.There being no one wishing to speak, he closed the public hearing and reopened the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 17 OF 32 item to council discussion.There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A NEW PRELIMINARY SUBDIVISION PLAT FOR THE "VILLAGIO" SUBDIVISION, IN CASE SD -1-12, BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 12-32.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 Waldron MOVED THAT RESOLUTION NO. 12-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE FINAL SUBDIVISION PLAT FOR "VILLAGIO" SUBDIVISION, IN CASE SD -1- 12, BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. VILLAGIO ESTATES LLC DEVELOPMENT AGREEMENT FOR 16TH AVENUE ROADWAY IMPROVEMENTS IN THE AMOUNT OF $790,000.00 public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 18 OF 32 Vice Mayor Dietz SECONDED THE Mayor Insalaco opened the Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He commented he has never heard in a city council meeting where twice in the same meeting the city was congratulated for the staff work and the ease of working with the city for something. He thinks the council and staff need to be congratulated. Mayor Insalaco commented they are supposed to be hard to get along with.They have been told that by many people. Vice Mayor Dietz asked if the council needs to add verbiage that matches the numbers. City Attorney Joel Stern stated at the end of the motion, item 15, if they are approving it, they could say "be approved with the following clerical change, page four, section roman numeral three, subsection 3.1, the second to the last line in the paragraph changing the word ten to eight and the word 15 to 10" so that it matches the numerical reference.That is the only clerical change. Councilmember Waldron MOVED THAT THE DEVELOPMENT AGREEMENT BETWEEN VILLAGIO ESTATES LLC AND THE CITY OF APACHE JUNCTION FOR 16TH AVENUE ROADWAY IMPROVEMENTS WITH THE CITY BEING RESPONSIBLE FOR IMPROVEMENTS WEST AND EAST OF THE SUBDIVISION IN THE AMOUNT OF $790,000.00, BE APPROVED WITH THE FOLLOWING AMENDMENT:THAT CLERICAL CHANGE BE MADE ON PAGE FOUR, SECTION 3.1, THE SECOND TO THE LAST LINE, THE WORD "TEN" BE CHANGED TO THE WORD "EIGHT", AND THE WORD "FIFTEEN" BE CHANGED TO THE WORD "TEN". Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 19 OF 32 NEW BUSINESS ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS )Mayor Insalaco commented there are two positions open on the Board of Adjustment.He called for any motions. Vice Mayor Dietz MOVED THAT MIKE WELLER BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT JESSE GAGE BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented there are two positions open on the Library Board. Vice Mayor Dietz MOVED THAT LORETTA NIELSEN BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 20 OF 32 Mayor Insalaco commented they have a new appointment.He called for a motion. Councilmember Wilson MOVED TO APPOINT TODD COUSINS TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented there are four positions open on the Parks and Recreation Commission.He called for a motion. Vice Mayor Dietz MOVED THAT TESS NESSER AND WAYNE STANDAGE BE REAPPOINTED TO THE PARKS AND RECREATION BOARD WITH A TERM TO EXPIRE ON OCTOBER 31, 2012. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT JENNIFER MCGRAW BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2015; AND THAT JESSE GAGE BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 21 OF 32 Mayor Insalaco commented there are two positions for planning and zoning.He called for a motion. Vice Mayor Dietz MOVED THAT LIZA KOVACH AND TESS NESSER BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF TEMPORARY USE REGULATIONS )Development Services Director Brad Steinke briefed the council on the item.He asked if they were interested in changing the time limits.For each of the holidays they could have up to 30 days on a temporary use. Vice Mayor Dietz commented it would depend on when it is.If they are looking at Fourth of July with fireworks sales, that could be done in 30 days.With Christmas they may want to put things out on the sidewalk for a month or more. " Development Services Director Brad Steinke stated for the Fourth of July they only needed two weeks.It might be a self -policing type of thing, but they might get that person who just wants to hang out for a month. Councilmember Wilson commented he does not think they want to be out there the full 30 days in the month of July. Development Services Director Brad Steinke stated if time limits are a concern they will go back to the drawing board and take a look at that.Another issue was setbacks.A tent was located very close to the focal REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 22 OF 32 point area with the flags.This ordinance does not require a setback.A setback for a commercial property is around 25' in front and 10' on the side.It is left to staff to determine. If they want a setback they can plug it into the ordinance. Every property is unique and once you start putting them back they may go into the driveway and parking area. Vice Mayor Dietz commented this should be on a case by case basis and leave it up to staff. Mayor Insalaco agreed. Councilmember Wilson commented one of the concerns was the signage in the public area that had to be taken down.That was part of the big concern. The majority of it was behind and it was there for a short period of time.He, personally, did not think it affected it. The signage needed to be corrected.It needs to be corrected so that they understand what they can do or cannot do. Development Services Director Brad Steinke stated they issue them a one page administrative permit that states what the conditions are.They have now learned they have to put another condition in that saying they are allowed a sign of a certain size but they are not allowed multiple signs and are not allowed to place them in the right -of -way or attach them to the right-of-way.They also talked about accessory structures and equipment.Current regulations allow virtually any type of temporary structure, container, device or vehicle, including cargo containers, that does not have a permanent foundation.He asked if they wanted that changed. They may say they do not want cargo containers.The person will then keep everything in their truck but it may be better to look at. Vice Mayor Dietz commented he could see doing something like a farmers' market where the trucks could be used with their fruits and veggies. Development Services Director Brad Steinke stated prior to cargo containers that was the way it was done.People worked out of their trucks and stored REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 23 OF 32 things in their trucks.It might be a high profile truck with a sign on the side of it but it is more traditional. Councilmember Serdy commented he believes the fireworks are more secure in the cargo container.It is a volatile product.He prefers that over having them in tents. . Councilmember Wilson commented that if the cargo container's are located behind the tent instead of out in front or beside the tent, it would be semi -blocked from view. Development Services Director Brad Steinke stated they learned that one as well.Sometimes experience is the best teacher. City Clerk Kathleen Connelly asked if it would allow someone to pull a bus onto a vacant lot, first set up their pumpkin stand, then their Christmas tree stand, and then sell fireworks, living in that bus for that entire amount of time. Development Services Director Brad Steinke stated they could not live in the bus.He anticipates where they will see a Christmas tree lot where someone pulls their little mobile home or travel trailer and they work out of that.They work out of it during the day. They cannot sleep in it but it stays there and that is their onsite office. Vice Mayor Dietz commented the purpose of having that is for' security and protecting their goods from being stolen at night.Most Christmas tree lots he has seen have got the small trailers or an RV and they work out of it but they sleep in it at night. City Clerk Kathleen Connelly stated she is looking at they could have the temporary situation right across the street from a Fry's store.Fry's would be selling the same type of merchandise. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 24 OF 32 Development Services Director Brad Steinke stated they did have that discussion.The temporary use person has considerably less overhead than the permanent guy in town selling the same product.There is nothing in the ordinance that prevents the bus from being the staging area for that temporary use. City Clerk Kathleen Connelly asked if it could stay there the entire time. Development Services Director Brad Steinke stated it could. City Clerk Kathleen Connelly asked with one holiday flowing into another. Councilmember Evans commented she was not on the council when this was originally brought up. She asked if 30 days was the time frame agreed upon or discussed.She wanted to know where it came from.She thinks that a business having 30 days would definitely take away from our stand alone businesses.It is a long time frame; it is not a long weekend when they can run from December 1.Honestly, they could take it from Thanksgiving all the way through.She asked if they would be limited to pumpkins and Christmas trees. She asked if they would limit what they could sell. Development Services Director Brad Steinke stated 30 days is the longest, running, consecutive time period of all of the uses.It would have a longer presence.We did spend a lot of time going back and forth - 30 days, two weeks.He believes they did it on the commission a little bit and he knows they did it with the council.It is the number most people felt comfortable with.It may be right for Christmas trees but wrong for pumpkins. Councilmember Wilson asked if someone could come in and open a seasonal holiday sales starting on September 25 selling pumpkins, then change it to Thanksgiving or whatever for October 25 through November 25 and then November 25 change it to something for Christmas. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 25 OF 32 Development Services Director Brad Steinke stated they could. City Attorney Joel Stern asked if they currently allow a grocery store selling things on the sidewalk seasonally. Development Services Director Brad Steinke stated they do.It is not part of this. City Attorney Joel Stern stated he was talking about the competition element. Development Services Director Brad Steinke stated they could. City Attorney Joel Stern asked how many days they get. Development Services Director Brad Steinke stated they do not limit them.In fact, they would like to expand these businesses' ability and encourage them to do that every day of the year. Vice Mayor Dietz commented if Fry's wanted to put up a Christmas tree lot out in the parking lot, they could do that for two months or whatever. Development Services Director Brad Steinke stated that is correct.They are not restricted in any way. Councilmember Serdy commented he wanted to protect our own businesses.They have two flower stores.The two big seasons are Valentine's Day and Mothers' Day.They are allowed to do specials.He asked how far they have to be, can they do tents, and if they have to stay on sidewalks. Development Services Director Brad Steinke asked if he was talking about a permanent store. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 26 OF 32 Councilmember Serdy stated that is correct. Development Services Director Brad Steinke stated with the new downtown zoning, they can display their products outside as long as it does not interfere with the circulation in the parking lot.They can find a spot to do that. Councilmember Serdy asked Assistant City Manager Bryant Powell to have Business Advocate Janine Solley make sure that they know that.They can encourage the businesses to do that. Assistant City Manager Bryant Powell stated they can. Councilmember Serdy commented he does not think they want to sell pumpkins and Christmas trees but they do want to sell bouquets and flowers on those two days. Vice Mayor Dietz commented especially on Valentine's Day.You see a lot of them out there on the corner trying to sell stuff. Councilmember Serdy commented the hardware stores and the place on Ironwood wanted to do fireworks.He would rather see our own stores do fireworks as they are more apt to pay the sales tax than those people that come in and carpet bag.He would like them to know that they can do that as well. Assistant City Manager Bryant Powell stated part of the reason for this permit was to try to create excitement.He has lived here 10 years and wanted to purchase a Christmas tree and has not been able to.He has to go somewhere else for those.When Red Goth and Randy Grant were here working on it, the thought was having some type of temporary use.He does not know if they have gone through a full cycle yet. Development Services Director Brad Steinke stated they have not.It came out of that REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 27 OF 32 willingness to have excitement and bring excitement to the downtown kiosks.Staff is, was, and still is apprehensive about the impact of these temporary use's.We have not gone through a full year or a couple years.One of his biggest concerns is the aesthetics.The ordinance is giving staff the authority to decide what is and what is not aesthetically pleasing.He showed them pictures of ones he felt were aesthetically pleasing and some that were not.It is a combination of materials used and how they are applied, whether they are in good shape and bad shape.They are all difficult to legislate but the ordinance puts that responsibility in the hands of staff.His concern is where they draw the line.He showed them other pictures of maybes.A councilmember talked about stringing products on trucks which is what the oranges are doing.A tarp may be battered and torn but it may be okay.Stuff is hung up on wires and lines and some are displayed in not the best shape.These are the things they will struggle with over time.It may take some adjustment through field experience.He cannot anticipate this ahead of time so some of this will be their reacting.He asked if they wanted to make some changes now or give it a full cycle before making any changes. Councilmember Wilson stated he would like to give it a whole year and then look at some things.His only concern is allowing a single business bringing stuff in from approximately September 25 through December 25. Vice Mayor Dietz commented if they give it a full year they might get a better idea of what is out there and what is happening. Councilmember Waldron commented he agreed with Councilmember Wilson.He is leery to go 30 days because that is inviting some bums in.It is simple enough to change it to a smaller number.They could say 14 days to eliminate that continuous use. Mayor Insalaco commented the way he brought that up it is a possibility. Councilmember Waldron stated you could also add New Year's in there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 28 OF 32 Vice Mayor Dietz asked what if they let it go for the year and see if anybody even does this. Councilmember Serdy asked if pets are addressed anywhere.People constantly set up with litters of dogs and cats. Development Services Director Brad Steinke stated this does not prohibit that.They should look at what falls under that. Vice Mayor Dietz commented there is the 10 -year -old in front of Fry's trying to sell puppies for $25 apiece. Councilmember Wilson commented he is president of the Arizona Horse Council.This past session there was a legislative bill that was designed to go after the puppy mills.They are trying to do a law that states you cannot sell animals from a street corner or from your home.You had to go through a dealer.Unfortunately it also affected the horse community who objected to it.The bill was amended and it failed.The sponsor is planning on resubmitting it this next session and it will not affect the horse community. The majority of us sell our horses from our property.She is trying to go after the puppy mills and their way of selling pets.It had a lot of support. Councilmember Serdy commented he does not have a problem with selling them from houses.His daughter just bought a lizard online and went to the house.He does not want to see litters of dogs being sold in parking lots. Vice Mayor Dietz commented this bill would outlaw that. City Clerk Kathleen Connelly stated it does not. There was general discussion on what animals, if any, would be allowed to be sold from a home. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 29 OF 32 Councilmember Evans asked if we collected the sales tax on those businesses that were in here for Fourth of July. City Clerk Kathleen Connelly stated two things happened.First they went and made purchases from each of the vendors and were charged the correct sales tax. They then have to give them time to report and pay.Two of them reported right away and paid, the third one took a bit longer but they reported and paid.All of those vendors were legitimate businesses.They have a history of operating in the state.They are all fairly large corporations.Some of what we would probably encounter in some of these scenarios would not fall under that category.It could be somebody pulling up their car and selling tamales out of their truck.Probably no health permit, probably no sales tax. Development Services Director Brad Steinke stated that person would have to get an administrative permit from development services before they set up.When they do that, they would send them to the clerk's office.If they are on the corner with no permit in hand, they will chase them off.He believes he is hearing that they want to let this thing work its way through.They may find there are uses they absolutely want to prohibit, such as puppy mills. City Clerk Kathleen Connelly stated or anything that is alive, like cats, lizards and snakes. She asked if they wanted someone selling a python out of their RV. Development Services Director Brad Steinke stated they will take a good look at it.He will be returning to the council next July with the comprehensive zoning code update.They can take another shot at this at that time. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION THAT BRAD JUST GAVE US BE APPROVED.(He REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 30 OF 32 will return to the council next July with the comprehensive zoning code update and they will look at this again then.) Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. 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, OCTOBER 15, 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, OCTOBER 16, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Maxine Brown, 6908 S. Crimson Sky Place, Gold Canyon, addressed the council regarding Fido Bags now being available on the Apache Junction Fire District fire trucks and the animal control trucks. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:40 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of September 18, 2012. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 31 OF 32 KATHLEEN CONNELLY f City Clerk Z-11 3. Consideration of approval of the Statement of Work with IBM COPLINK for software. ACCEPTED THIS 16TH DAY OF OCTOBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF OCTOBER, 2012. HN S. INSALACO Mayor ATTEST: 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 2nd day of October, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of October, 2012. KATHLEEN CONNELLY City Clerk 4 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 32 OF 32