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HomeMy WebLinkAbout2007-08-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 21, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held. on August 21, 2007, at the Apache Junction City Council Chambers -pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the Meeting to order .at 7:00 p.m. INVOCATION Councilmemberl4ilson gave the Invocation_ PLEDGE OF ALLEGIANCE Vice MayorEck led the Pledge of Allegiance. ROLL CALL Councilthembers:Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern. Public Safety Director Glenn Walp Interim Public Works Dir. Doug Dobson Development Svcs. Dir. Brad Steinke Community Relations Mgr. Pat Brenner REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 1 OF.40 Others Present: Business Advocate Janine Hanna-Solley Planning Manager Fred Baker Assistant Planner Yanet Ochoa Parks Superintendent Nick Blake Economic Dev. Dir. Steve Filipowicz Public Works Manager Shane Kiesow ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR ECONOMIC DEVELOPMENT FOR FISCAL YEAR 2007-08 FOR VISITOR CENTER SERVICES IN THE AMOUNT OF $45,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN .THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2007-08 FOR A BUSINESS LOAN REFERRAL PROGRAM AND OTHER RELATED SERVICES IN THE AMOUNT OF $9,500; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN APACHE JUNCTION MAIN STREET, INC. AND THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2007-08 FOR VARIOUS SERVICES RELATIVE TO THE DEVELOPMENT OF THE DOWNTOWN IN THE AMOUNT OF $40,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN TO PURCHASE THE STREET MAINTENANCE EQUIPMENT OF TWO 570MXT SKIP LOADERS (GANNON TRACTORS) IN THE AMOUNT OF $76,092.96 AND ONE 865 MOTOR GRADER WITH TIER III ENGINE AND 14' MOLDBOARD IN THE AMOUNT OF $160,286.77 FOR A TOTAL AMOUNT OF $206,379.73 THROUGH THE HOUSTON/GALVESTON AREA COUNCIL COOPERATIVE CONTRACT NO. EM06-07 FROM FALCON POWER; AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 2 OF 40 THAT RESOLUTION NO. 07-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS (WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS), CERTIFYING THAT SAID APPLICATION MEETS THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION BE APPROVED; AND THAT RESOLUTION NO. 07-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2007 STATE HOUSING FUND (SHF) APPLICATION BE APPROVED; AND THAT RESOLUTION NO. 07-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO AN APPLICATION FOR FY 2008 STATE HOUSING FUND FOR A HOUSING REHABILITATION ACTIVITY BE APPROVED; AND THAT RESOLUTION NO. 07-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING DEDICATION OF LAND TO THE CITY OF APACHE JUNCTION INCLUDING PORTIONS OF FIVE PARCELS IDENTIFIED UNDER PINAL COUNTY ASSESSOR'S PARCEL NUMBERS 103-21-011B, 103-21-011A, 100-37-005K, 101-22-007B, AND 103-05-038A, BE APPROVED; AND THAT RESOLUTION NO. 07-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN ECONOMIC DEVELOPMENT AGREEMENT WITH QUIKTRIP CORPORATION BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 07-40 WILL HAVE NO ACTION; AND THAT THE PURCHASE AGREEMENT AND RELATED TRANSFER DOCUMENTS BETWEEN AMERICAN GREYHOUND RACING, LLC AND THE CITY OF APACHE REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 3 OF 40 JUNCTION FOR DELAWARE DRIVE RIGHT-OF-WAY IN THE AMOUNT OF $208,846.00 FOR PUBLIC ROADWAY PURPOSES BE APPROVED; AND THAT THE MAYOR BE GIVEN AUTHORIZATION TO SIGN THE AGREEMENT AND RELATED DOCUMENTS, SUBJECT TO CITY ATTORNEY REVIEW AND APPROVAL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS A representative from the Arizona Attorney General's Office gave a presentation on the Community Services Program. There was a presentation given by Councilmember Serdy, Jean Buckburough president of the Gold Canyon Garden Club, Steve Austwinkle of the Dons Club, Greg Davis from the Superstition Mountain Museum, Dr. Melanie Sturgeon from State Archives, Professor Ann Coe from Central Arizona College, Mike Shubic from Superstition Area Cultural Alliance, Interim Public Works Director Doug Dobson, Recreation Superintendent Nick Blake, and Main Street Executive Director Rayna Palmer on a three phase downtown improvement to include the entire focal point area, the medians on Apache Trail and a marquee sign at the intersection of Idaho and North Apache Trail that will incorporate business, organizations, and individuals as partners. Vice Mayor Eck asked if he was suggesting a planning group be created to work on this. Councilmember Serdy stated he will be coming back in two weeks to ask for them to form a committee that would be represented by a historian, an artist, possibly a councilmember and someone from Main Street.Everyone should be represented and every idea heard.He believes they could start right away with the volunteer work; other parts may need to wait until next year's budget. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 4 OF 40 Vice Mayor Eck commended him on the project and his preparation. He cannot remember anyone bringing so many organizations together.He believes he may catalyze this into something, -great. Councilmember Serdy stated they need to build on the momentum and not let it die like it has before. Mayor Insalaco applauded him for his effort. Mayor Insalaco called for a five minute break. .Mayor Insalaco reconvened the meeting.: CALL TO THE PUBLIC_ Mr. Todd Olear,-2898 S. Arizona Road, Apache Junction, addressed - :the council regarding the mayor's comment on no land- being for .sale in the city, a -comment the,vice mayor made 14 years ago, improving the appearance of Idaho Road, educational opportunities and making Apache Trail a mixed use zone. Mr. Lester Pearce from Pearce Homes, 1457 E. Hackamore, Mesa, addressed the council .regarding an impact tee waiver. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council regarding the Boys and Girls club successful Bowl-a- thon. Mr. Doug Coleman, 1474 S. Royal Palm, Apache Junction, addressed the council regarding his concern about having two separate Apache. Junctions divided by Baseline -Avenue, the need to enforce the standards on the north side of town and development fees being necessary to pay for roads and other services. Mrs. Sandie Smith, 575 N. Idaho Road,-Apache Junction, addressed the council to advise she had enjoyed Councilmember Serdy's presentation: REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 5 OF 40 Vice Mayor Eck commented his remark was 10 years ago regarding employees having to wait for salary improvements and that Idaho Road is slated for major improvement in conjunction with development. Mayor Insalaco commented the remark about there being no land for sale was in reference to no big acreage as in privately- owned farms being available in the:city for sale. ANNOUNCEMENT OF CURRENT EVENTS: None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS' APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION HOG CHAPTER FOR 2008 MODEL OPEN HOUSE ) )City Clerk Kathleen Connelly briefed the councilon the_item.She stated the applicant has conducted a number of successful special events since coming to:the:city.This is ,to be held on September -8 and there have been no objections raised by city staff or the fire district.They are working with city staff on the issues of access and safety.The applicant was notified of tonight's hearing and is present. Mayor Insalaco requested the applicant address the council. Mr. Mark LeResche, 2910 .W. Apache Trail, addressed the council.They are celebrating the national open house-.-They will have live .entertainment until 8 p.m. to respect their neighbors' privacy.They will have another open house in October, plus other events down the road. REGULAR:MEETING -OF THE CITY COUNCIL AUGUST 21,_2007 - PAGE 6 OF 40 Councilmember Serdy commented they have addressed the noise problems that occurred in the past.The speakers will be angled in a different direction. Mr. Mark LeResche stated their vegetation that was originally planted is finally starting to take off.It is on the north side of the lot.It is filling in and over a period of time that will also assist in noise reduction.The speaker direction is important to them and so are their neighbors. Councilmember Dietz commented they are also only going from 10 a.m. to 8 p.m. with the music. Ms. Jenny Sturino from Superstition Harley-Davidson stated the music will actually not start until 2 p.m. he was talking about when it ended. ends at 8 p.m. on last year's open house. Councilmember Dietz commented Ms. Jenny Sturino stated it There was general discussion 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 discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY MARK ALAN LERESCHE OF SUPERSTITION H.O.G. CHAPTER INC. FOR 2008 MODEL OPEN HOUSE TO BE HELD ON SEPTEMBER 8, 2007, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 7 OF 40 Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-35, PRELIMINARY PLAT FOR FOOTHILLS SUBDIVISION BY CORNERSTONE HOMES/ORDINANCE NO. 1306, PLANNED DEVELOPMENT MAJOR AMENDMENT FOR FOOTHILLS SUBDIVISION) )Assistant Planner Yanet Ochoa briefed the council on the item.She stated this is a planned development major amendment to a CR-5 zone with a preliminary plat.It is located at the northwest corner of Southern and Ironwood, formerly phase II and III of Merrill Gardens.There will be 118 lots of 2,240 sq.ft.It will have an oversized parking garage, 45 spaces of guest parking, 4 floor plans, 12 elevations, a walkway to connect the amenities at the east and west ends of the development, Tuscan -style architecture, and the homes will have stone veneers, wrought iron, front porches, tile roofs, and stucco finish with masonry and wrought iron accents.The walkway is a 4' sidewalk.She showed pictures of the homes.The zoning allows multi -family with some residential casitas for the assisted living facilities, which was Merrill Gardens.The amendment will allow single family homes with the density allowing for 118 lots on 11.62 acres.The deviations are lot size from 10,000 sq.ft. down to 2,000 sq.ft., rear setbacks from 35' down to 5', and they are requesting the ability to use the driveways to park in. That would put the amount of parking over what is required for 118 dwellings; they would be at 281 and it is usually 274. Vice Mayor Eck commented they are only going CR-5 because they would be considered a home.It is actually currently zoned for apartments. Assistant Planner Yanet Ochoa stated that is correct. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 8 OF 40 Vice Mayor Eck asked what zoning that is. Assistant Planner Yanet Ochoa stated it is CR-5 multi -family. Vice Mayor Eck commented CR-5 multi -family does not have a lot minimum size of 10,000 sq.ft. or a minimum lot width of 70 feet. Assistant Planner Yanet Ochoa stated these are all the required standards for CR-5 standard zoning.It would be 2,000 divided by the 10,000 sq.ft. of lot size to get a certain amount of lots, depending on the acreage. Mayor Insalaco asked if this is multi -family it could also have been apartments. Assistant Planner Yanet Ochoa stated that is correct. Mayor Insalaco stated they could have had 260 to 270 apartments on the property, and they could do that right now if they were wanting to build apartments. Assistant Planner Yanet Ochoa stated that is correct. Mayor Insalaco commented this is less density than if it had been apartments. Vice Mayor Eck commented that is what he was getting at.It is less density.He commented there really is no way to show what the actual amount of apartments could have been. Assistant Planner Yanet Ochoa stated she had not calculated that. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 9 OF 40 Vice Mayor Eck commented that is fine as they are not really comparing how large they are.It is misleading for some .people to think that they are really letting them go. Assistant Planner Yanet .Ochoa stated it is a lot more. Vice Mayor Eck commented the number of apartments would be much more like what the request is. Councilmember Severs asked why someone would have to request to use their driveway as a parking space. Assistant Planner Yanet Ochoa stated they request that there be 2 parking -spaces for single family homes.Usually the driveway is a.:setback so they cannot park there. Vice Mayor Eck asked if they are public streets. Assistant Planner Yanet Ochoa stated they are private streets. Vice Mayor Eck commented there is no parking allowed on the street. Assistant Planner Yanet Ochoa .stated they,are going to allow parking on one side of the street. Vice Mayor Eck apologized for interrupting her briefing and requested she continue. Assistant Planner Yanet Ochoa -stated the council was concerned that there were no sidewalks on either sideFof thestreet for children to ',walk on to get to: the REGULAR MEETING: OF THE CITY' COUNCIL .:AUGUST" 21, 2007H PAGE 10- OF 40 -amenity areas and that the height of the homes might block the view of the Superstition Mountains for neighbors on the west side.Staff has recommended that the homes not be allowed: to exceed 26' in height measured to the peak of the roof, that a sidewalk be added to:one side of each street and that each street be not less than 28' in width. Councilmember Severs asked what the building height would -be for any apartments. Assistant Planner Yanet Ochoa stated they could not exceed 25' in height. Councilmember Severs commented he thought apartments were considered commercial and could be up to 35' in height. Assistant Planner Yanet Ochoa -stated it is.25' but in a CCD district they can go over a certain amount. Vice Mayor Eck asked what a public street width would be for a subdivision like this. Assistant Planner Yanet ,Ochoa stated, it is 33 in width. Councilmember Severs. :commented thatiprivate streets are:284 in vidth_ stated that:is correct. fire district looked at this. stated-they.did. Assistant Planner Yanet .Ochoa Vice Mayor Eck asked Lfithe- Assistant Planner Yanet Ochoa. REGULAR. MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 11 OF 40 Mayor Insalaco asked if they had any problems with it. Assistant Planner Yanet Ochoa stated they did not. Mayor Insalaco asked if the applicant had been notified about the sidewalks and if he had agreed. Assistant Planner Yanet Ochoa stated he agreed to it.There is a letter in the packet to that effect.They also have a line of sight in the packet and they will be presenting that. Vice Mayor Eck asked if there is just one entrance, ingress and egress, at the northeast corner. Assistant Planner Yanet Ochoa stated there is just the one main entrance. Vice Mayor Eck asked if they would come in through Renaissance. Assistant Planner Yanet Ochoa stated that is correct. Vice Mayor Eck commented they hit a stop sign and then another stop sign to get on Ironwood. Assistant Planner Yanet Ochoa stated that is correct. Mayor Insalaco requested the applicant address the council. Mr. Travis Williams, associate general counsel for Cornerstone Homes and Development, addressed the council.He stated their company is glad to be REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 12 OF 40 here and gave a brief introduction to the company.Staff has helped them with good comments and suggestions, such as the walkway.This is the fourth revision of the project and they have done things to minimize the impact on neighbors.The front yards will be put in when the houses are built and maintained by the homeowners association along with the common areas.This is an inf ill project and they have tried to deal with the transitional use.He showed the line of sight visuals for a 50' setback for a CR-5 use or apartments, for a 20' setback for a CR-3 use for single family homes, and their proposed line of sight which would be approximately 167' from the closest house when adding in the distance from the property lines and setbacks.They want to build a product that will last years and years and be an asset to the community. Mayor Insalaco opened the public hearing on the item. Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction, addressed the council.He stated they want to put in 118 homes on a little over 11 acres.After streets and common areas they are required to put in, that would leave approximately 2,000 sq.ft. lots.They could just about put two homes in a room like this.Single family homes in that area have 7,000 sq.ft. lots.It does not have sidewalks on both sides; people would have to walk in the street and kids on tricycles would have to be on the streets.He does not believe most mothers would allow them to go on the walkway so far away from their homes without being there themselves.Earlier horsemen said the lots were too small when a developer tried to put in quarter acre lots instead of acre lots across from the rodeo grounds.The majority of the city agreed with them and they ended up having acre lots.Now on the south side, they want to put approximately 13 homes on 1.25 acres.There is no real front yard, back yard or side.Homes next to each other are like a roof top over the city.It will look like the south side of Chicago.The neighbors do not want this to happen. They should stay with the single family homesites or leave the zoning as is for apartment buildings.The apartment buildings would not be as close together as these homes. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 13 OF 40 Mr. Thomas Spridgen, 2219 S. Palo Verde, addressed the council.He stated he is at the west end of the development where he will lose the view.He asked who would stop the people from parking on the street.They already have people parking on the street in their 96th Avenue development that they are working on now.The streets are narrow.The fire department may not have any concerns but he does as they are behind his house.They will not be able to get back there if something happens.An ambulance would not be able to get back there.He will lose his view and he would lose his view if they put an apartment complex back there.However, there will be more parking and it will be away from his fence with a larger buffer area.He does not think it will do the community any good other than the tax revenue for 118 houses. It will not improve the area and will lower the cost of housing around it.The homes in the area are around $210,000 to $230,000.This will be lower cost housing and reflect in the neighborhood.No one will be able to sell their house.It is not what they need.They had a lot of little developments like this in Petaluma, California, where he is from.A few years down the road they are not as pretty.There is no front yard and it will not be doing our community any good.We need revenue, but not at the expense of everyone else around it. Mr. Les Krause, 2165 S. Palo Verde, addressed the council.He stated he agreed with what the others had to say.He is concerned about there only being one sidewalk and asked how the kids in the other areas would use the sidewalk or go to school.If they go to the high school or middle school they would have to walk on the streets and down Ironwood.Mom, dad and the kids would all have cars and they would be getting dumped on the streets in the morning. Mr. Jaime Sosa, 2050 W. 22nd Avenue, addressed the council.He stated he is on the west side of the property.His house will be right behind the amenities they plan to build.He sold real estate in Chicago and is concerned about the devaluation to his property.Their views will be blocked.A previous builder on this property was going to have the buildings set back even more, almost double.He REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 14 OF 40 used two cranes to show the view they would have and it was basically just the tops of the mountains.His main concern is that this property costs less than his property and will bring their values down.There is no space in there and it will basically invite investors to buy the property that will rent them out to whoever they can to maximize their money.They will sell the views.He knows this because he sold real estate and it will bring in the wrong element.His neighborhood has bigger streets and they are fighting with traffic as people are parking on both sides and you can barely get one vehicle through.These are more narrow streets.They have many incidents in their neighborhood with people who rent their homes to whomever.Some neighbors have multiple cars, RVs and other vehicles that are parked.There is not enough space in his neighborhood let alone this one.They are estimating over 300 vehicles in this neighborhood alone with only one way in and out.It will bring in the wrong element with renters and juveniles.His friends in parks and recreation have told him about the problems at the skate park.All the amenities are right there and they will be in his backyard.The elevation is higher on that side and they will be able to look over his fence easily.There will be kids, people drinking and a lot of noise.He will have over 300 neighbors behind his house congregating there instead of one neighbor.He has sold security alarm systems for the last 11 years, working at every ghetto and barrio from Apache Junction to the west side of Phoenix.He has seen what they have done to the south side of Phoenix.They are trying to revitalize it. It looks nice during the day, but at night when they go shopping there is the wrong element.He is afraid this place will turn into a ghetto soon and it will be in his backyard.He has spent $35,000 on his backyard and he is concerned about security.He has serious concerns with this property and feels the city is in danger of being the armpit of the east valley with the businesses they are putting in and all the car repair places, liquor stores and dollar stores.They should be building properties like in Gold Canyon and some places in East Mesa. They need to build more properties with more space, not less space.It is a fire hazard and he sees no benefit from having this property in town.He hopes they use the wisdom of the three commissioners who voted to reject this property.His REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 15 OF 40 friends ridiculed him when he moved to Apache Junction from Scottsdale 11 years ago.He saw the future and the views; location is everything.He has invested in the community and his church.He joined the Knights of Columbus over 2 years ago to give back.He commented on their contributions.He believes they should all share in the view of the city; it could be similar to Sedona or Jerome.Instead, they are going the other way. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented they are talking about the red area that is currently zoned CR-5.If they did nothing, an apartment complex could come in and build an even higher density then what this project is building. Assistant Planner Yanet Ochoa stated that is correct. 'Councilmember Severs asked how many neighbors they would have if these were apartments. Mayor Insalaco stated they would have as many as 220. Councilmember Severs stated he did not understand.People who own normally take better care of their things than people who rent.Nothing against renters, but he cannot understand that they could have worse if they leave it alone. Councilmember Serdy asked what one of these homes would sell for. Councilmember Severs stated they said $220,000 each. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 16 OF 40 • Vice Mayor Eck stated that is what the other homes in the CR-3 are going for.Zoning carries everything.They would love for them to go the other way and go for a lower density zone.They are not choosing to do that. They are choosing to stay with the current zoning.The fact that it is owner -owned, to say it will turn into rentals and they would get all the blight and problems like that, he would much rather have the vast majority have owners living in them than a complete 118 units of rental property that is not owned by but one individual.It is their goal to have better construction in the community, but the fact is there are a number of these parcels out there.These parcels are what the mayor is referring to when he says we do not have land to grow on.Inf ill property is what they have left to grow on.He does not get any joy out of taking his view away.He used to have a beautiful view of the mountains and he lives in a much lower density area.The guy next door decided to plant a palo verde right in front of his view of the mountain so he does not see it anymore.It is his property.It is about the zoning and if they were trying to go to CR-3 and asking for smaller lots, there would be no question.The answer would be no.But it is an equal comparison to the size of the property. Mayor Insalaco asked if they could put into their CCRs that they cannot be rental properties. City Attorney Joel Stern stated it has been tried across the country and there is case law in other states saying it is a violation of a property owner's rights.They could ask Mr. Williams if he wants to address it by reopening the public hearing.In his research, he does not think such an alienation of property rights would be legal or enforceable. Mayor Insalaco asked if an investor came in and bought 5 or 6 of them to rent them out he would be allowed to do that. City Attorney Joel Stern stated he could. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 17 OF 40 Councilmember Severs stated he would like to see this rezoned to R1-43 and have them build 9 homes in there.But that is not going to happen.He would like to see that in every vacant lot in the city but it is not going to happen.They could leave this alone and get 220 apartments or it could sit vacant for 10 years and do no one any good except for their views.This is what they want to do and it is comparable to what they are already allowed to do. Mayor Insalaco stated he had a beautiful view of the mountain at his previous home until the city came in and put a 3,000,000 gallon water tank across the street.It blocked everything.We all love the look of the mountain, but it is like we all moved here and no one wants anyone to move on the vacant lot next to them.If he had his choice, he would rather have 118 homes than 220 apartments, as then they really cannot control people. Councilmember Barker stated she is also concerned about the single, central walkway.It seems to be awfully distant from the corner lot.It is a long way.She supposed that would be up to the buyer.She thinks the addition of the sidewalk on one side is a good concession; it helps.She is concerned about the single entry.She sees some real traffic congestion and if there is any way to fix it to allow for a smoother flow of traffic they should do so.If most of these are occupied, they will have 118 vehicles leaving at 7:00 every morning and back in at 5:00 every evening.It seems hazardous. Councilmember Dietz commented on the very west end of the top road that goes into Renaissance Park, the road curves around and they can take Renaissance around to Delaware.That could be another exit. Councilmember Barker stated they would then have traffic flowing through an already crowded neighborhood. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 18 OF 40 Councilmember Serdy commented most gated neighborhoods have an out only where they can hit an electronic sensor on the gate to allow them to go out, they just cannot come in there.It would relieve it to go out. There were general comments from the council that this is not a gated community. Councilmember Serdy commented he would like to see a split down the middle for when a kid wants to go from one unit he would have to walk all the way around to visit a friend.He asked if they would have to take a whole row of houses down the middle to make a sidewalk down the middle. Councilmember Dietz commented they have agreed to put sidewalks down one side of each street. Councilmember Serdy stated he would like to see them split it down the middle.He asked if they would have to take out 2 to 7 houses or if it could be done. Councilmember Barker stated they would have to be made smaller by quite a bit. Councilmember Severs stated they would have to take out six. Councilmember Dietz commented they would be 1,500 sq.ft. lots. Vice Mayor Eck commented he was curious to see what they could do to have another entrance near lots 11 and 12. There was general discussion on where to put another entrance. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 19 OF 40 Councilmember Dietz commented it is all Merrill Gardens over there. Mayor Insalaco asked if they could imagine 220 apartments there with only one entrance. Councilmember Dietz commented they have to go through Renaissance Park no matter which way they go. Planning Manager Fred Baker stated the applicant has indicated the middle access point that is labeled a fire exit could be opened as a secondary access in and out. Councilmember Barker asked if that opens onto 20th Avenue. Planning Manager Fred Baker stated it does. Councilmember Dietz commented that is only one quarter of a block away.He does not know if that will help a lot. Planning Manager Fred Baker stated they could come back. Councilmember Dietz commented the other one he was talking about would come back on Palo Verde and take it east to Renaissance and go out on Delaware.That takes the traffic away from Ironwood.People could come in the backside. Planning Manager Fred Baker stated that is another option. There was general sidebar discussion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 20 OF 40 Mayor Insalaco commented if they used a secondary one there instead of a crash gate, even though they are close together, the people on one side could use that entrance and the people on the other side can use the original entrance.It would help tremendously. Planning Manager Fred Baker stated that is correct.He does not believe it can be moved any farther due to an existing lot to the north. Mayor Insalaco stated they look close together.At least the people on the one side would not have to go to the very end. Planning Manager Fred Baker stated that driveway aligns with the street. Vice Mayor Eck commented there is no other way to get out of this project, like on the south side. Planning Manager Fred Baker stated there is not. Vice Mayor Eck asked if there was anything on the southwest corner. Planning Manager Fred Baker stated there is not.When they first came into the office, staff wanted a south access but it cannot happen as it is not their property or a public right-of-way. Councilmember Dietz asked what about the northwest corner area of Palo Verde. Councilmember Severs stated they could put a driveway at the end of 22nd Avenue. There was general discussion on where they could put the road. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 21 OF 40 Planning Manager Fred Baker stated the original concept was for a gated, walled community. They did away with the gate to allow traffic to get away quicker.They do want to have a wall around the community.To open that up would have some impact, and that piece of property may be for retention. Councilmember Barker commented she believes that would have a terrible effect on that community.They already have enough traffic. Vice Mayor Eck agreed. City Manager George Hoffman stated he had a question for the Cornerstone attorney. City Attorney Joel Stern stated if they ask him a question they have to reopen this matter to the public. Mayor Insalaco reopened the public hearing. City Manager George Hoffman stated the streets are private.That would not pose a legal necessity for the city to maintain those streets over time.If they are not maintained, the city may be hit up later to maintain them.He wanted an affirmation that there is a financial plan in place to provide for the ongoing maintenance of the infrastructure of the project. Mr. Travis Williams stated one of the first things they do when they set up a homeowners association is to do a capital reserve assessment.It looks at all the amenities in the neighborhood, including the private streets, and how often they will need to maintain the amenities and the cost and puts aside a certain amount of money each month or year for those repairs. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 22 OF 40 City Manager George Hoffman stated over time they have learned that they have not been adequately funded in the past and they come back to the city. He wanted to make sure they would be adequately funded and that Cornerstone would get that funding schedule started. City Attorney Joel Stern asked if the alienation of property rights has come up in his dealings with other properties. Mr. Travis Williams stated that is correct. City Attorney Joel Stern asked if his research is consistent with his in it being illegal to do that. Mr. Travis Williams stated his legal opinion, which has come up quite a few times in the last few years when homebuilders try to limit investors coming into the neighborhood, is that the courts do not look kindly upon restricting those kinds of property rights because the CCRs run with the property and it will be on the property for a long time.To take away that property right is generally not favorable. Councilmember Barker asked how much the homes will be selling for. Mr. Travis Williams .stated they believe they will be selling for $170,000 to $200;000. Their average sales price for the homes in Mesa is $190,000. The people are not buying squalor; they are putting in granite countertops, upgraded cabinetry, upgraded carpeting and upgraded flooring.He thinks this shows they will have nice families. Their demographics show these are young families with one or two small children.They are getting nice homes with options at a reasonable price. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 23 OF 40 Councilmember Serdy asked if they will still have a presence when every home is sold. Mr. Travis Williams stated in most CCRs that he has seen, once 66% of the homes are owned by the homeowners, the control of the board is turned over to the homeowners.They now govern everything that deals with the amenities and common areas. Councilmember Wilson stated they will probably have a lot of young families with young children.He is concerned that they do not really have a playground.He was told they might have a soccer field.He asked if they would have any swings or slides that are designed for small children. Mr. Travis Williams stated they have a basketball court with a tot lot next door that is designed for little children. Councilmember Severs asked what is down at the other end. Mr. Travis Williams stated there is a ramada with a barbecue and picnic tables for family gatherings.There is also a swimming pool. Councilmember Severs asked what is just east of the swimming pool and ramada. Mr. Travis Williams stated it is turf.It is a grassy area. Councilmember Severs commented if he is going to be at the ramada having a picnic he would like his children to be able to play on play sets. Mr. Travis Williams stated that is a great point.They have gone through this design a number of times with staff and he is not sure if anyone thought REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 24 OF 40 of putting a tot lot over there.It can certainly be moved to that area. Vice Mayor Eck commented they could have a smaller one there and still have the other over in the original position. Councilmember Barker commented it appears they could do it in both places to accommodate the residents.There is quite a distance for small children and parents to go to the one tot lot.If they are having a family gathering, they want their kids there, not all the way on the other side.They cannot see or monitor them if they are far away.It seems like they have split the purpose a bit. Mr. Travis Williams stated these points have come up before.They moved some east because they were concerned that the sound from the basketballs and the tot lots would affect the neighbors. Councilmember Barker stated they have the same buffer there as they do in both places.They have quite a bit of buffer room next to the swimming pool; that will be loud and rambunctious.The area of the basketball court will also draw teenagers and most parents will not be happy about turning their small children loose in an area where there is predominantly teenagers.They will want to have some separation.It is just a suggestion. Mr. Travis Williams stated that is something they can work with staff on.They set the amenities up to try to minimize the noise to the neighbors and yet put them centrally in the neighborhood.They are looking at just over a football field length long between the two sets of amenities.It is not really that far. Councilmember Dietz asked if the basketball area is retention also. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 25 OF 40 Mr. Travis Williams stated that is not retention.It is flat turf. Councilmember Dietz commented all of the retention is on the southwest side. Mr. Travis Williams stated he believes there may be some on the north side.The majority of the water retention is in the southwest. Mayor Insalaco commented if you go to Renaissance Park off of Thunderbird you will find the basketball court and tot lot next to each other.He does not know if there have been any problems. Mr. Travis Williams stated that is how it is in his neighborhood and in most city parks. They have them close together. Councilmember Severs commented kids are usually a lot noisier in water than they are on a swing set. Mr. Travis Williams stated that is fortunately only a few months of the year. Councilmember Barker commented the paperwork they have been given continues to say 30' for the 2 stories.She asked if the ordinance in the second vote would have to be amended to show the 26 feet. Planning Manager Fred Baker stated it shows 30' and it should just be a condition on the ordinance.It should say 26' as measured to the peak of the roof and it should be integrated into the planned development narrative. Councilmember Barker asked if they need to say it in the motion to amend that. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 26 OF 40 Planning Manager Fred Baker stated to amend the narrative in the planned development it would be helpful. Councilmember Dietz asked if they needed to add the sidewalk. Planning Manager Fred Baker stated they should. Mayor Insalaco asked if there was anyone else who would like to speak from the public. Mr. Tom Spridgen asked if this was originally zoned CR-5 single story. Mayor Insalaco stated it was they needed to add the sidewalk. stated they should. not. Merrill Gardens was CR-3. not. was single story. not. Mr. Tom Spridgen asked if Mayor Insalaco stated it was Mr. Tom Spridgen asked if it Mayor Insalaco stated it was Mr. Tom Spridgen stated that is what they said at the planning meeting.He is confused. Mayor Insalaco commented it is zoned multi -family. Mr. Tom Spridgen stated it is multi -family single story. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 27 OF 40 Councilmember Dietz commented he was there for the zoning change for Merrill Gardens.They purchased that whole area.The zoning got changed to meet Merrill Gardens at that time. Mr. Tom Spridgen commented to single story multi -family. Councilmember Dietz commented it was changed to what it is now. Planning Manager Fred Baker stated the current zoning on the property is planned development.We have a site plan that would replicate Merrill Gardens on the east side of the property and another portion next to these neighbors here would have been allowed to build that type of structure since there is no site plan.It would have allowed 31' in height. Mr. Noel Benoist, 900 N. San Marcos #35, addressed the council.He was at the planning and zoning meeting and suggested they take one portion and put it in the corner where there are 6 lots being used.If they put it in the corner, they will have 4 lots on one side and 3 on the other and lose only one lot.In the corner the neighbors had raised an objection to people looking into their yard and children climbing the fence.If the clubhouse faced down the fence line, everything would be centered for pot lucks and family get- togethers.The pool and basketball court would be down there and the parents could monitor the fence line from the clubhouse and secure privacy for the neighbors.They would have some extra room on the one lot and the others could be moved down a bit to widen the entrance.The children could then walk to school since they could put a sidewalk there.He talked to the neighbors about his suggestions and they stated they would remove their objections if they did so.The developer was willing to do that but staff wanted it left this way for some reason. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 28 OF 40 Mr. Jaime Sosa, 2050 W. 22nd Avenue, stated when they originally bought the properties it was not zoned for apartments.He disagreed with the notion that they have a choice between the community and apartments.He would fight the apartments even more vehemently.Merrill Gardens was to build the same type of structure behind them that would not impede their views.They were going to put in little casitas.They still have not addressed the traffic problem. There will still be a bottleneck even if they put 6 entrances on that street alone, from Ironwood to the freeway.There is a high school on that corner.He does not see how the children will be safer with 300 additional cars on that corner, or for anyone driving.As a homeowner on the opposite side from where these people will be congregating for barbecues, how will they address the concern of their security and the noise level.The weather gets better in the wintertime and there will be more people there. Mayor Insalaco closed the public hearing with no further comments and reopened the item to council discussion. Vice Mayor Eck commented they can only put sidewalks on one side of 28' wide streets. City Attorney Joel Stern stated he does not believe the applicant wants to put them on both sides. Vice Mayor Eck commented he does not believe they can put them on both sides with the street width being only 28 feet. City Attorney Joel Stern stated he did not know. Planning Manager Fred Baker stated he has an engineering guideline that the council adopted. On that size of private street they can only get one sidewalk on each street. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 29 OF 40 Vice Mayor Eck commented the other problem is about this being apartment -zoned and apartments they would fight it even more.He stated if it was apartments there would not be a fight at all.It would not have to go to the council or to the planning and zoning commission.They could get a building permit, follow the codes and build the apartments.The council would have no say whatsoever.He feels for them and would not want to live next door when this project goes in.The zoning is everything for that area and they picked the project for that parcel.They are lawfully doing that.It is unfortunate that it had to happen this way because you always hope that you have that view.Somebody always has the property next door. Councilmember Barker commented she hoped the developer and his legal counsel have been listening this evening and have heard all these concerns. If this does pass, she hoped that they would think about these things and if there are any changes that they can make that would help people feel better about this project, she hoped they would consider them and not just go on their merry way. City Clerk Kathleen Connelly asked if they should consider the resolution for the preliminary plat before the ordinance for rezoning. City Attorney Joel Stern stated they should. Councilmember Barker asked if that impacts the 3 missing elements in the verbiage. City Attorney Joel Stern stated he believes they need to put that in the motion. Councilmember Barker stated they need to amend the resolution as well as the ordinance. City Attorney Joel Stern stated that is correct. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 30 OF 40 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 07-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE PRELIMINARY PLAT FOR FOOTHILLS, A RESIDENTIAL SUBDIVISION, IN CASE SD -1-07 BY CORNERSTONE HOMES, REPRESENTED BY EVAN SCHUBE, AMENDED TO READ THAT EACH UNIT SHALL BE A MAXIMUM OF 26' AT THE PEAK, THAT ALL THE ROADWAYS BE 28' IN WIDTH WITH A 4' SIDEWALK ON ONE SIDE OF EVERY STREET, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1306 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1306, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT EACH UNIT BE A MAXIMUM OF 26' AT ITS PEAK, THAT ROADS BE 28' WIDE AND THAT A 4' SIDEWALK BE PLACED ON ONE SIDE OF EVERY STREET. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 31 OF 40 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1300, CASE NO. AM -1- 97, TEXT AMENDMENT TO THE ZONING ORDINANCE ALLOWING GUEST HOUSES )Councilmember Barker declared a conflict of interest. Planning Manager Fred Baker briefed the council on the item.He stated the planning and zoning commission recommended both a guest unit and a special density permit.They were split when they came before the council as the guest unit was not advertised properly.The guest unit has been brought back as a separate item.The guest unit will provide housing for family members, guests, caregivers and caretakers.He showed the criteria used on the overhead projector which included only one guest unit per single family residence and how it is built, where it is built, and how it can be used.Staff would like a deed restriction placed on the property and it would say they cannot be rented.A question was asked about sewer service.If the septic tank is sized properly it can be used for the main residence and the guest dwelling. Most are sized for the residence on site; this would require a modification, addition to the septic tank or a new septic tank. The same rules apply to a guest unit as to a main residence. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and opened the item to council discussion. Councilmember Severs commented if they had done the guest house portion first they would not have had to go through 9 months of research to do the caretaker suite.It would have already been allowed. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 32 OF 40 Vice Mayor Eck commented this stemmed from the caretaker dwelling ordinance. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1300 BE READ BY TITLE ONLY AND THE READING OF THE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:6-0 (Councilmember Barker had declared a conflict of interest.) The motion carried. There was general discussion on .what revisions needed to be included in the ordinance.It was determined everything was in the ordinance except for the last recommended revision, and that is putting the deed restriction on the property. City Clerk Kathleen Connelly stated she is not sure they are all in the ordinance.She recommended reading them into the record. Councilmember Severs asked if the could discuss one of the stipulations.He did not want to get into a situation like they are with swimming pools. City Clerk Kathleen Connelly stated they would have to withdraw the motion and the second. City Attorney Joel Stern stated that is correct. Vice Mayor Eck stated he would not withdraw his motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 33 OF 40 City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1300, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:1) ON ANY SINGLE FAMILY RESIDENCE ZONED PROPERTY ONE GUEST HOUSE IS PERMITTED TO BE CONSTRUCTED SUBJECT TO THE FOLLOWING CRITERIA:A) A GUEST HOUSE SHALL BE CONVENTIONALLY CONSTRUCTED OR STICK -BUILT; B) A GUEST HOUSE SHALL BE USED TO ACCOMMODATE FAMILY, FRIENDS, A PERSONAL CARETAKER OR PROPERTY CARETAKER; C) A GUEST HOUSE CANNOT BE LARGER THAN 50% OF THE LIVABLE SQUARE FOOTAGE OF THE MAIN DWELLING UNIT ON THE LOT UP TO 1,000 SQUARE FEET MAXIMUM IN SIZE; D) THE MAXIMUM HEIGHT OF THE GUEST HOUSE SHALL NOT EXCEED 20' AS MEASURED FROM ADJACENT GRADE TO THE TOP OF THE ROOF; E) NO MORE THAN ONE GUEST HOUSE LOCATED BEHIND OR TO THE REAR OF THE MAIN DWELLING IS PERMITTED ON A LOT; F) ALL SETBACKS REQUIRED FOR THE MAIN DWELLING ALSO APPLY TO THE GUEST HOUSE; G) NO MANUFACTURED HOME OR RECREATIONAL VEHICLE OF ANY KIND SHALL BE PERMITTED TO BE USED AS A GUEST HOUSE; H) A GUEST HOUSE SHALL BE PERMITTED TO •HAVE A BUILT-IN COOKING FACILITY IN GENERAL LIKE ANY SINGLE FAMILY RESIDENCE; I) A GUEST HOUSE SHALL NOT BE OPERATED AS A SEPARATE RENTAL UNIT; IF THE ENTIRE PROPERTY IS A RENTAL PROPERTY, THE OWNER OR LESSEE THEREOF SHALL NOT SUBLET THE GUEST HOUSE; J) THE ARCHITECTURE OF THE GUEST HOUSE MUST MATCH, COMPLIMENT OR OTHERWISE IMPROVE UPON THE ARCHITECTURE OF THE MAIN DWELLING INCLUDING MATERIALS, COLORS AND ARCHITECTURAL STYLE; K)A GUEST HOUSE IS NOT PERMITTED TO HAVE A SEPARATE ADDRESS OR SEPARATE UTILITY SERVICES, METERS, OR SEWER SEPTIC SYSTEM UNLESS AN ADDITIONAL SEPTIC TANK IS ALLOWED BY THE PINAL COUNTY HEALTH DEPARTMENT FROM THE MAIN DWELLING UNIT; L) THE MAIN DWELLING UNIT AND THE GUEST HOUSE SHALL BOTH USE THE SAME DRIVEWAY FOR ACCESS; M) A GUEST HOUSE MAY BE ATTACHED TO THE MAIN DWELLING BY A BREEZEWAY OR SIMILAR DEVICE; 0) ANY PERSONAL OWNERSHIP ENTITY WHO BUILDS A GUEST HOUSE PURSUANT TO SECTION 6.0108.3 OF THIS CODE SHALL HAVE RECORDED ON SAID PROPERTY A DEED RESTRICTION FOR THE USE OF THE RESIDENCE FOR THE PURPOSE OF FURTHER RESTRICTING GUEST HOUSES FROM BECOMING SEPARATE RENTAL UNITS. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 34 OF 40 City Attorney Joel Stern asked him to repeat letter H. Vice Mayor Eck STATED HE READ THAT A GUEST HOUSE SHALL BE PERMITTED TO HAVE A BUILT-IN COOKING FACILITY IN GENERAL, LIKE ANY SINGLE FAMILY RESIDENCE.On his copy the 220 volt outlet is scratched out. Councilmember Severs SECONDED THE MOTION. VOTE:5-1 (Mayor Insalaco voted in opposition.Councilmember Barker had declared a conflict of interest.) The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF TELEVISING WORK SESSIONS )Councilmember Serdy briefed the council on the item.He stated it is 2007 and they are on video all the time.Everyone gets to see what their elected officials are doing on CSpan.A lot of cities broadcast their planning and zoning meetings.These meetings belong to the voters and he would like them to see what is being discussed, not just rubber stamps on Tuesday so they know why they came to these decisions.He has spoken to the broadcasting staff and they look forward to broadcasting them.He believes the public should have seen the discussions on the issues of cargo containers, the sewer district presentation, and the $105,000 they are allocating for the grants.He wants things REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 35 OF 40 out in the open as to how they are spending their money and what they are working on. Vice Mayor Eck agreed. Councilmember Wilson stated one of the biggest complaints that he heard from people was that when they view the council meetings the council does not appear to be doing much discussion on an issue and they are strictly rubber stamping a lot.They are missing out on the opportunity to see them discuss certain issues which they sometimes spend a little time on.He feels publicizing this will help show them what they are discussing and how they are doing it. Councilmember Severs stated several citizens state they are hearing only bits and pieces of what is being voted on.He believes the work sessions are a little less formal and more real discussion takes place there than on Tuesday nights.He hopes that it would not change if it does get televised; that everyone would still discuss things openly.Let the citizens see that so they know what they are voting on. Mayor Insalaco commented they need to remember that what they discuss on Monday night usually does not come up until the following meeting. Vice Mayor Eck commented it could be a couple of weeks or even a month. Mayor Insalaco asked if they were going to realize that even though they talked about it last night it would not be on the next night's agenda.There will need to be something done so they know that what they are seeing on Monday night is not going to be televised the following night. Vice Mayor Eck suggested they think about consciously stating on these items when they will be coming back for action so that people will know if it will be REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 36 OF 40 back in two weeks or two months if it is an ordinance.They should do that especially if it is not coming back the following night.They can state when they believe it will come back. Councilmember Serdy suggested they caption the meeting at all times with the date so that people will know. Councilmember Dietz stated there are some items where they have no idea when the date will be. Councilmember Serdy stated he meant the date of the work session should be captioned so they would know what they were watching. Mayor Insalaco stated he would hate to have to give staff any more work than they have already got. Councilmember Severs stated he had talked to Matt who had said it would not be any problem to caption just the bottom of it.If something is said stating it would be coming back on September 17, it would be captioned stating that. Councilmember Dietz commented or if they have it back to back. Councilmember Severs stated exactly. Mayor Insalaco closed the discussion with no further comments and called for a motion. or if they have it back to back. exactly. Councilmember Serdy MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TELEVISING WORK SESSIONS:THAT WE DIRECT THE PR DEPARTMENT TO BEGIN FILMING AND BROADCASTING THE CITY COUNCIL'S WORK SESSIONS REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 37 OF 40 WITH THE CAPTION TO MAKE PUBLIC AWARE OF WHAT IS BEING BROADCAST. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Mayor Insalaco announced there would be no work session held on Monday, September 3, in observance of Labor Day. Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 6:00 P.M. BE HELD ON TUESDAY, SEPTEMBER 4, 2007, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 10:13 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of August 7, 2007. 3. Professional Services Agreement for Economic Development with Apache Junction Chamber of Commerce for Fiscal Year 2007-08. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 38 OF 40 4. Professional Services Agreement with Community Development Corporation for Fiscal Year 2007-08. 5. Professional Services Agreement with Apache Junction Main Street, Inc. for Fiscal Year 2007-08. 6. Request for approval to purchase street maintenance equipment in the total sum of $205,379.73. 7. Resolution No. 07-32, authorizing submittal of Fiscal Year 2008 State Housing Fund grant application. 8. Resolution No. 07-33, authorizing local match for Fiscal Year 2008 State Housing Fund grant application. 9. Resolution No. 07-34, adopting the City's Housing Rehabilitation Guidelines. 10. Resolution No. 07-38, accepting dedication of land to the City of Apache Junction for public roadway purposes. 11. Resolution No. 07-39, authorizing the City to enter into an Economic Development Agreement with QuikTrip ("QT") Corporation. 12. Resolution No. 07-40, authorizing the City to enter into an Economic Development Agreement with Empire Southwest, LLC. 13. Purchase Agreement with Apache Greyhound Racing, LLC, and related transfer documents for Delaware Drive Right -of -Way. ACCEPTED THIS 4TH DAY OF SEPTEMBER, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF SEPTEMBER, 2007. JOHN S. INSALACO yor REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 39 OF 40 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 August, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of August, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2007 PAGE 40 OF 40