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HomeMy WebLinkAbout2010-07-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 6, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 6, 2010, 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 7:16 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman (arrived 9:00 p.m.) Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present:City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Development Svcs. Director Brad Steinke Planning Manager Fred Baker Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 1 OF 35 Others Present:Senior Mechanic Keith Bedwell Library Manager Spencer Paden Business Advocate Janine Solley Program Coordinator Heather Patel Public Works Manager Shane Kiesow Assistant Planner Todd Kennedy 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 EXTENSION BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR VISITORS' CENTER OPERATIONS FROM JULY 1, 2010 TO SEPTEMBER 30, 2010 IN THE AMOUNT OF $9,000; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BE ACKNOWLEDGED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Works Director David Fern gave a brief history on the career of Keith Bedwell and presented him with a 30 -year pin, a certificate for 40 hours of leave, a cash bonus and a plaque commemorating his 30 years of service to the city. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented there are two committees that have worked behind the scenes; one is the focal point committee and the other is the tourism committee.They have recently been merged into one to develop the focal point area and work on tourism and making the medians more attractive.They are trying to get more businesses welcomed here.Tomorrow there will REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 2 OF 35 finally be some results.There have been trees lit up around the old Bashas' and up Phelps.One of the goals has been to start there and get all the trees lit up and gradually work its way out from there, similar to what you see in Tempe where you go by and see the bridge lit up.It is very inviting.It makes you want to go to the restaurants.After tomorrow's meeting they hope there will be instructions in the paper on how everyone can help with adopting a tree to light up.It will make our downtown much more enjoyable and welcoming.He encouraged everyone to look for it in the papers. There was general discussion on what could be stated during this part of the agenda. Councilmember Wilson commented he was involved with others in collecting contributions for the Fourth of July at the football field.He was informed they collected a little over $1,700 that would be used for next year's fireworks.He thanked everyone who contributed to it.A number of people came back to donate money to it.They gave huge complements to the display and what they saw.They contributed additional dollars as well.He thanked everyone involved. Councilmember Barker stated they estimated between 7,000 and 10,000 people attended the Fourth of July Celebration to watch the fireworks display from the field, the stands and the area surrounding it.That is a tremendous amount of people.She thanked the library for the terrific report they turned out.It is available to the public at the library.It is beautifully done, telling everything the library does.Everyone needs to read it and see how many people have shown up there. Mayor Insalaco commented the Fourth of July was very well done. He thanked the parks and recreation department.They had their stuff together.He felt sorry that he dunked the police chief in the dunk tank, but he did it legally.He threw the ball and hit it; he did not go up and pop the thing.He got thoroughly soaked but he is still alive. Vice Mayor Eck commented he noticed this year more than ever the control of traffic by the police department.Kudos to the chief and his staff because it seemed like before there was a presence of officers, but this year it seemed like they were REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 3 OF 35 working it and they kept control of the traffic.He also thanked the public works department.He was really impressed. CITY MANAGER'S REPORT City Manager George Hoffman thanked staff and the community for their work on the Fourth of July.On behalf of city employees, he expressed their thanks and gratitude for the 40 hours of time.It means a lot. PUBLIC HEARINGS ORDINANCE NO. 1364, AMENDING THE ZONING DISTRICT MAP IN RESPONSE TO A REQUEST TO REZONE FOUR ACRES FROM GR TO CR-5/PD FOR CONSTRUCTION OF A 43 -UNIT SENIOR HOUSING FACILITY )Assistant Planner Todd Kennedy briefed the council on the item. Councilmember Barker stated he mentioned that there were four major areas that were being protested:traffic, view shed, crime and property values.She asked if he could quickly address those areas. Assistant Planner Todd Kennedy stated those were statements that were given and summarized in the protest petitions.The applicant has turned in a memo describing each one of those. Councilmember Barker stated she just wanted the public to hear that.The council has read it, but the public has not heard the reasons that the applicants gave and their justification. Assistant Planner Todd Kennedy asked if she wanted him to go through the memo. Councilmember Barker asked him to do so rapidly. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 4 OF 35 Assistant Planner Todd Kennedy stated he needed to grab the memo. Councilmember Barker commented while he was looking for the memo that the applicant had said about the traffic that it was because of the age of the group of people who would reside there, that traffic would actually be less than it would be for another development of that sort.She asked if that is correct. Assistant Planner Todd Kennedy stated what he has in front of the memo is just some extra information that the applicant turned in.He could refer that over to the applicant for further explanation. Councilmember Barker stated that would work. City Attorney Joel Stern stated the applicant should present her case immediately after Todd in done.He does not know if he is done or if there are any other questions from the council for Todd. Vice Mayor Eck asked if he would go back to where he had it lined out with the yellow.He asked how far they have to be from the yellow line to the red to be able to build.He asked if it is 150 feet. Councilmember Barker stated that is the distance for the people that will be affected by this and who would be able to protest. Vice Mayor Eck commented that is only for the send out of the notification.He was looking at this and trying to find out how far away the building should actually be from the property line. Mayor Insalaco commented he thinks he is asking how far the building will be from the property line. Assistant Planner Todd Kennedy stated it is a 50' side yard setback. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 5 OF 35 Vice Mayor Eck stated he is just trying to capture one of those four that he put up on how they are going to affect the neighbors. Mayor Insalaco commented the building is not going to be on the property line. Councilmember Wilson asked why they could not move these buildings to be off of Valley instead of off of the west side. Assistant Planner Todd Kennedy stated he was confused by the question. Councilmember Wilson asked if they could put it over to the right instead of where it is now. Assistant Planner Todd Kennedy stated this could be a question for the applicant, but to the best of his knowledge it was to preserve the open space, leave an open feel to it, and keep it in line with existing development.The applicant could clarify it more. Vice Mayor Eck asked if this is age restricted. Assistant Planner Todd Kennedy stated it is.It is for age 62 and over. Mayor Insalaco commented there would not be many people driving.He requested the applicant address the council. Ms. Stephanie Rowe, Reece- Angell -Rowe Architects, 4343 E. Avalon Drive, Phoenix, addressed the council.She stated the building is proposed to be located there because of a natural wash that comes through the southeastern portion of the site.They are trying to maintain that.They have to for drainage purposes and they want to maintain it as an open, natural wash.The building will be kept off that area.The north/south leg of the building will provide shade for our exterior common area from the west sun.Regarding the traffic question, there are 43 apartments.They are low REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 6 OF 35 income, elderly apartments.Based on Christian Care's 43 plus years of experience with this type of resident, only about 40% of the residents will have a vehicle when they move in and many of them will sell their vehicles off after that because of the services provided on site and bus trips to grocery stores and so on.They do not need the vehicles as much.The visitor rate is approximately 10% on any given day, which would be 4 to 5 vehicles.There is one staff member there each day.Comparing it to another apartment building, it will have a very low traffic impact.They asked for a reduction in parking spaces. They have enough room on site for 57 spaces, but they would prefer to keep it in a naturally landscaped area rather than paved parking spaces that no one would be in.Regarding decreased property values, that is a difficult issue to address. Typically, any new construction and improvements aid an area, but it is hard to document that one way or the other.The potential increase in crime is another difficult issue.They will say that they will have 43 very neighborhood block -oriented watchful residents there.They are there and they pay attention.Christian Care's other facilities are very clean, safe and orderly properties.They do not believe they will cause any crime factor.Being low income residents, they are certainly not a target to attract outside crime.Regarding the blocked mountain views, she had done a little sketch.It was taken from the actual geographic peak height, and it shows the location of their building and the locations of the residences that complained.The dashed line that travels out there is a sight line from one of the residences that filed a petition.It shows it going across the peak of their building and where it would impact on the mountains.They would only block a very small width -wise portion of the mountains and do not take out the peak at all.She showed a drawing of the sightline with someone standing in the backyard. Councilmember Dietz asked if this would be available for any type of Section 8 housing. Ms. Stephanie Rowe stated it would not.It is low income, elderly housing but it is not Section 8. Mayor Insalaco commented those are some of the rumors he had heard. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 7 OF 35 Vice Mayor Eck commented as far as he could tell, this is really built to protect the people on the north side, but maybe not as much on the west.The parking is on the west and the south.He does not know if they are having shuttles come in, but all the individual parking is on the west and south.He does not see traffic being an issue for them.He does not feel there will be an issue with the view or crime as there are only 43 units with seniors.No one will be able to walk through there without someone seeing something. He thinks it is unfortunate when you live in an area that has a nice open area next to you.When he came on 13 years ago, this was an issue.It did not make it past planning and zoning because there was too much chaos and too many complaints. Mayor Insalaco commented it was three stories then. Vice Mayor Eck commented he was glad he did not have to come on the council and deal with such an issue.Now, 13 years later, it is coming back.It has been vacant that whole time.This is much more favorable.They do have some property rights.They have a blank piece of property and have suggestions on doing it different ways.He thinks this is about as friendly to the neighbors as it can be with the way it is set up. Councilmember Wilson commented he appreciated their information on the wash and he understands.He has walked the property and came back to the city to talk to them.He has a clear view of what they are proposing and the impact.The only one that will be dramatically affected is the one house on the west side.He stepped off from the church approximately 200' and took a picture.They will lose the south section of the Superstition view from their backyard.He cannot see an impact on the others across the street as far as the view shed.He was wondering about moving the whole thing further onto the east side.It was a concern after talking to a neighbor there who had stated if it could be moved over so it would not dramatically affect her view she would not have any problems.That is what he wanted to express.He asked if they are all two stories. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 8 OF 35 Ms. Stephanie Rowe stated it is a single two-story building. Councilmember Wilson stated he understands the total height of the building, including the peak, is 30'4". Ms. Stephanie Rowe stated that is correct. Councilmember Wilson stated the current church height is 28'.That is why he used the distance off the church and the gymnasium to see what the impact would be.He is torn on that as it is affecting the one view shed.He understands, but he wishes there were a way of working it out. Councilmember Barker commented one of the major things to think about is that if this property remains GR, it can have a 30' building there.It is perfectly legal.They could have something crammed right up next to setbacks.The setbacks are 20' or less in GR.It could be much more densely packed than this; this is very moderate in comparison to what GR would allow in this particular area.That is something to keep in mind also. Vice Mayor Eck commented that accessory buildings have a 3' setback. Mayor Insalaco commented something will.go,on this property someday if this one does not. They might not have :a chance to argue if it stays a.GR.Right across the street the Superstition Mental Health building will be 3 stories high.Apache Junction has to learn how to grow up, and he is not.talking about age.They .are not makingany more land.He asked if _there were any more questions of the applicant.As there were none, he openedthe public hearing on the item. Ms. Tammy Lechner, 1467 W. Greasewood, Apache Junction, addressed the council.She stated she opposes the new building. REGULAR:MEETING OF THE CITY COUNCIL JULY 6,.2010 - PAGE 9 OF 35 Ms. Mary DeHaan, 1929 W. Greasewood, Apache Junction, addressed the council.She stated her view is where they propose to put the building.She has lived there 18 years.They cannot produce traffic in their neighborhood; she cannot have a business in her home that produces traffic.The driveway for this building should be on Valley Drive, not her street.There has already been crime at the church itself.People will be parking in front of their homes during visitor hours and during church hours.They stated they do not need that many parking spaces but she went to the 70th Street unit and took photos on Father's Day.The spaces were all full.She is 63, works, drives and will not be selling her car.She does not understand why they think people will sell their cars.They are active seniors.This is not assisted living.A lot of people cut down Greasewood to avoid the traffic signal and they do not want it to become a speedway. She thought they had 20.5 percent protests, but she was advised this morning by Todd that one was being kicked out.Before the June 8 meeting, Raymond Laws, her neighbor, called and was told by Todd that he already had his petition.When they went to the meeting, they were told it was not there.She went to find out why there were not enough petitions and found out there are two Raymonds.Todd confused the last names and advised a petition was on file for Laws when it was on file for the other Raymond. She contacted them, it was sent to her, they redid it, and she brought it back in on July 1.She is now being told that it was too late.The petition should be part of the protest as they were told that the Laws petition was in their office when it was not. Ms. Faye Eachus-Rears, 1326 W. Greasewood, Apache Junction, addressed the council.She lives directly across from the proposed senior facility.Her biggest objection is that the gourd area shown on the map is a wash area but the other part is not.They walk it all the time. The water designated for a retention area is the wash.She believes the design is for shade for the residents.It would be better for them to have all the entrances and building on Valley.The original plan she was shown showed the Greasewood entrances being for ambulances, utility and delivery vehicles. All other vehicles are to use Valley.She also objected to the aesthetics of the neighborhood.Her father was going to build a beautiful home in the back and have horses.They have been REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 10 OF 35 discussing the improvements with Todd.That is all up in the air now.She would like to see the "L" flipped if this has to be done. Historically, a lot of their facilities change from senior housing to assisted living.They are restricted by HUD for 5 years.A gentleman at a church meeting stated it is basically yes and no.A facility that he manages right now has met the 5 year time and they are currently planning to move to assisted living.They just acquire property and grow.This property is in the middle of a residential neighborhood.It is a quiet neighborhood. Mr. Michael Weller, 471 W. 21st Avenue, Apache Junction, addressed the council.He gave the council a print out on favored destinations by a travel company.About halfway down it says the most painted and photographed landmark in Arizona after the Grand Canyon are the Superstition Mountains.We are proposing to block it.We bury utilities yet allow multi -story buildings.It is horse property and horses and high-rises do not work.The people want to see the Superstitions.The city needs development but make it a single story building. Ms. Mary Grammater, 1278 W. Greasewood, Apache Junction, addressed the council.She stated she and her husband could not file a petition due to the properties surrounding them and the location of her driveway. On Sundays in the wintertime they have people attending church parking on both sides of Valley.She asked if they are going to require the people moving in to give up their cars.She and her husband get $900 a month on disability.She is 57, he is 42. She asked if he would be blocked from moving in if she could at 62.They do not state if the apartments are single or double; 86 people could be living there.Not everyone will give up their vehicles and they have no buses out here or a reliable taxi service.They could not be independent if they gave up their vehicles.They seem to feel these people would not have visitors.They have parking issues.They are saying that a study in 2004 showed that a traffic signal was not needed at Valley and Superstition.It will impact the neighborhood.She has 5 dogs and has a kennel license.Her dogs will bark.She knows the police will be called for barking complaints.She commented there have been criminal acts in the neighborhood that have not been in the papers, and she has had some dogs poisoned. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 11 OF 35 She asked them to either make it a one story building or put in on Valley. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated he feels like this is a big jump to go from GR to C-5/PD.He does not live in this area but does live in a horse property area. Tepee is the dividing line between low and medium density.If everything is changed in the medium density, they need to put a stop somewhere.He asked why this has been vacant for 13 years. He does not want a two-story building here.The general plan calls for low to medium density with R-143 on the other side of Lost Dutchman.There are a lot of red shirts here, but none of these people live within 1,000 feet of this subdivision.The weight of the decision should go with the homeowners that have dissented.He is trying to protect the horse properties. Mr. Charles Aulston, 1368 W. Greasewood, Apache Junction, addressed the council.He stated he could not understand why they said these people would be too old to drive.He is 75 and still drives.His neighbor is 93 and still drives.It will not work out like these people say it will.It will be very busy on the weekends.He does not know why these people would even think of building this in their quiet neighborhood. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated he had been watching the debate on the general plan for 18 years.The north side is for horse people.He is for this project.The problem is they keep amending the general plan to fit what comes along.People expect something and they get something different.He thinks this will bring some jobs and revenue. They will continue to have problems if they deny splitting lots yet allow a 43 -unit project like this go in on the north side of town. Ms. Patricia Bybee, 1431 W. Greasewood, Apache Junction, addressed the council.She is the one directly affected by this.She has no problems with developing the lot but she does not want the hind end of the building right in her face.No one has mentioned the dark sky ordinance and it will be lit up all the time.She is not happy REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 12 OF 35 with fire trucks and ambulances coming in right next to their houses.All they would have to do is flip it around and most of them would be fine with it. Mr. Bryan Kover, 2985 W. Whitely, Apache Junction, addressed the council.He spoke with people in charge of the project for the church.There will be security cameras which will be monitored 24 hours a day.Crime should not be an issue.If it stays rural, the building height could be higher and the easements could be less, encroaching on their view and making a bigger impact.The town needs development.We need to be more open to development and the town needs more jobs. Mr. Steve Grammater, 1278 W. Greasewood, Apache Junction, addressed the council.He stated there is a private drive straight across that cannot be seen on the map.It is owned by the man behind him, and he has seen him go down and tell people to park somewhere else, especially in the winter.The parking gets bad.There are not enough parking spaces, and he would like to see it turned around. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Barker commented she was concerned about the ambulances going in on Greasewood.She did not realize it.Either she did not read her packet well or it went right over her head.It would be a real problem for her.She has lived in this area for 40 years and lived in an area that had miles of open desert at the end of her block.She remembers when it was built over with houses. They all thought there would be traffic, but that did not come to be.That part does not concern her as much.She is concerned about the ambulances, emergency vehicles and supply vehicles going down a neighborhood street to access this property.She thinks it is a very poor plan. Vice Mayor Eck commented he does hear the concerns.He was not fully aware of just how many people in this small of an area had this many concerns.Part of him is saying they own the property and have a right to develop REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 13 OF 35 it.He believes in property rights.As far as the zoning, it actually fits the zoning as•it is south of Tepee.He looks at the lot and wonders if there is a different building location that could be used.Everything is pushed to the west side. That seems to be the main concern.The views are legitimate as the views will be cut off for people living to the west.There will be a little bit more problem with traffic.He wished they would look at all means of being friendly neighbors and see if they cannot manipulate it to a different configuration in order to not affect the views of the current neighbors.He thinks it needs to go as far east as possible. Councilmember Serdy commented the city definitely needs the jobs.The whole area is shrinking and they do not need to lose this development.If he lived in those houses, he would want it on the east side as well.He does not know how encumbering it would be to move it.They need this and it would bring a lot of good. Councilmember Barker asked if there was any way to work on a reconfiguration of this. City Attorney Joel Stern stated this is a planned development.The applicant is asking for numerous things that they normally would not be locked into. They can ask, have the applicant come back up and ask her, or bring it back.Usually these things cost money to design and they have spent some sums of money to design the current plat map.It is a council decision.They are asking for things that are beyond the general zoning.He thinks they could. Mayor Insalaco commented he bought a home here and had a beautiful view of the Superstition Mountains.The city water department put up a 3,000,000 gallon water tank right in front of the house.It took away the view of the mountains, but all he had to do was walk around the building and he saw the Superstitions.There were two 20 -acre vacant lots across the street where he used to walk his dogs. They took away his dogs' play yard by putting homes there.The idea is that he moved there now, and no one else should move here.It seems like every development they get, that is what they get from people.They do not want to see anyone else move in or the land be developed.This is a feeling he is getting. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 14 OF 35 It does not matter what is brought to this property.The people are not going to be happy.If they sold it as GR, someone could put up a big metal building for storage right at the property line.These are problems they have to solve.They do have feelings for people, but they also have to have feelings for the entire community.He asked the applicant to come forward to see if there was anything they could do to help out the neighbors. Ms. Stephanie Rowe asked what the question is. Mayor Insalaco and Councilmember Barker commented the thing that most bothers them is the driveway for the ambulances and things. Ms. Stephanie Rowe commented she is not sure where they got the idea that the ambulances were designated for Greasewood.She does not believe that is on the plan.The point of the address being put on Valley Drive was to make Valley the main access.Typically, an ambulance comes to the address drive. Councilmember Dietz commented he looked through this and could not find anything saying the Greasewood access was for ambulances. Councilmember Barker commented that she did not miss it. Ms. Stephanie Rowe stated she does not believe it is in there.She is not sure what document that came from. Councilmember Barker commented there was a valid question brought up by one of the people that came up regarding the lighting, especially in the parking lot areas to the north side.She asked what kind of lighting they are planning on putting in there. Ms. Stephanie Rowe stated they will comply with the dark sky ordinance.All the fixtures will be shielded and down -directed.They will meet the city standards for maximum foot candles at the property lines.All REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 15 OF 35 of those conditions will be met.They have no need for the building to be lit up other than basic security in the parking lot for people to see their way from the parking lot to the building.They will not be trying to achieve anything more than basic safety lighting in the parking area. Vice Mayor Eck commented there are so many different ways they could have laid this out. He asked if there was any way to take into consideration the ten existing neighbors.It is no fun to put in a development and already have a dozen upset neighbors. Ms. Stephanie Rowe commented there are many ways to design any site.They could have looked at moving it around, but she does not know what that does to the planned development conditions.She asked if staff could stipulate compliance with this site plan as modified per staff review of trying to shift further away from the west property line. Assistant Planner Todd Kennedy stated that is something they could work on with one of the conditions of approval.It must be like a certain distance. The original presentation was 50' but they could probably increase that, moving it further to the east.However, the wash would need to be mitigated in the plan review process.They need to meet engineering requirements. City Attorney Joel Stern commented the basic core question is if this can be reconfigured so that everybody is happy.The answer to that is no.However, to satisfy the basic objections of the view shed, the closer to the east the better it would help out.There might be some wash issues.He has not been on the property so he is not aware of it.There may be some water flow issues.They may ask for additional things under the planned development if they have to move things around.They would have to get those if they have moved something.That could come back and he does not think they would have to re -advertise or republish anything. Vice Mayor Eck commented he is just asking if they would give it a shot and try to work out a compromise. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 16 OF 35 City Attorney Joel Stern stated they could try to work things out and continue the matter.The manager had asked if this could be done tonight. He does not believe so as they would have to see the site plan. It has to come back. Ms. Stephanie Rowe stated they are willing to work with that.She would like to keep the "L" orientation, but she is willing to move it over. Mayor Insalaco commented he walked the property, too, and the wash does not seem that big. Councilmember Barker stated it still creates a problem.She can understand that.She would like to see if this could be shifted.If bringing it back would not cost the applicant more, meaning their having to pay another fee to come back before in a public hearing, she would prefer to bring it back. City Attorney Joel Stern stated it would not cost them any more as they would be continuing it. Ms. Stephanie Rowe stated they would have to pay for the redesign. Councilmember Barker stated that is true. City Attorney Joel Stern stated there would have to be another public hearing that would have to be continued to a date certain.That might not be the hearing that solves the problem.There might be another hearing.Hopefully that is not the case, but it could happen. Councilmember Serdy asked what the groundbreaking date would be if this is passed tonight. Ms. Stephanie Rowe stated that is undetermined.They are still pending getting the grant for the project. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 17 OF 35 Councilmember Serdy commented we have approved a project like this before off of Ironwood and it never happened.He asked if this would happen if it gets approved and they have the funding.He would hate to waste all this time. Ms. Stephanie Rowe stated if the funding comes through the project will happen. Councilmember Serdy stated they do not have a date. Ms. Stephanie Rowe stated they do not have a guarantee on the funding yet. Councilmember Serdy asked if it could be by the end of the year or in a year. Ms. Stephanie Rowe stated it is a government grant.It was supposed to be awarded in February; they delayed it to April, and have now delayed to August.They do not know if this proposal will get the grant or not. Councilmember Dietz commented it sounds like government work to him. Councilmember Serdy asked what their estimate would be on what it would cost them to postpone it.He asked if it would be enough to kill the project.He would not want to vote to do anything to kill this project.He asked what it would cost if this had to be redrawn. Ms. Stephanie Rowe stated it would probably be in the area of $2,000.It is money the nonprofit agency would have to come up with up front.The design fees are separate from the grant. Councilmember Serdy commented Quail Creek is 2 stories, and the church is 2 stories.The Grand Hotel was 2 stories.He thinks people get used to the 2 stories.There are lots of views of the mountains. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 18 OF 35 Vice Mayor Eck commented they approved one next to it and it never happened. Mayor Insalaco commented a lot of things have not happened because of the economy. Councilmember Barker commented she believes there is a misconception somewhere about north.Comments made from earlier councils and the current council deal with the northeast area as being kept as open as possible.North itself was never designated as far as she was aware.She could be wrong.Superstition has got the shopping center, the nursery, the church, et cetera along there.This has become a commercial area, for the most part, down through there.This does fit in with what has been happening along Superstition in that area.Her major concern was the ambulance thing.That really bothered her.It seems to her that if traffic becomes a concern, they can go to their public works later and talk about it. City Attorney Joel Stern stated there is that concern that Councilmember Barker brought up.There are some time elements that staff would have to review.There would be some time issue there.He does not know who on staff would want to address how long it would take if this were to be redesigned. Planning Manager Fred Baker stated part of the answer is how quick the applicant could turn the design around.We have cancelled the other July meeting. They would be looking at August for the earliest. Ms. Stephanie Rowe stated it would not be hard to do if they keep the orientation of the building and just slide it further away from the west property line.They could come back for the next scheduled meeting.Or they can stipulate a distance for them to move it over. Planning Manager Fred Baker stated they could add a condition for it to be moved another 50' from the west property line. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 19 OF 35 Mayor Insalaco commented 50' is an awful lot. Councilmember Barker stated they are 50' now. Planning Manager Fred Baker stated they could just move it an additional 50' and allow staff to approve that particular site plan with that condition. Ms. Stephanie Rowe stated they would be agreeable to that stipulation. There was general discussion regarding amending the motion so that this could be done at this meeting.It was determined that they could. Planning Manager Fred Baker stated the applicant is willing to do that.The applicant would identify the additional 50' as additional landscape buffer, the parking adjacent to the building would move, and the access points on Greasewood and Valley would not move. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1364 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. 1364, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT AN ADDITIONAL 50 REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 20 OF 35 FOOT SETBACK BE ADDED TO THE WEST SIDE OF THE PROPERTY FOR A TOTAL OF 100 FOOT SETBACK. Vice Mayor Eck SECONDED THE MOTION. VOTE:5-1 (Councilmember Wilson voted in opposition.) The motion carried. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. OLD BUSINESS DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY )Business Advocate Janine Solley briefed the council on the item. Mr. Ed Gawf of G and G Consulting provided a project status update on the goals and strategies that included the key steps necessary to create a successful downtown, the action plan, the vision, the organizing principles, unique identify, development zones, suburban zones, transition zones, the Apache Trail median, landscaping Idaho Road, economic vitality, the downtown core, architecture, accessibility, infrastructure, preservation of mountain views, variety of event locations, sustainability and elimination of blight.They should have the full package to the council at the end of August. Vice Mayor Eck commented he has heard through the years that Apache Junction does not know what it wants downtown.They bring in one type of business and the city does not want that.He asked if they would have a grid of types of businesses or will they be open to whatever might come to the city. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 21 OF 35 Mr. Ed Gawf stated each zone will have its own set of design guidelines that are unique to that particular zone.Visually they will be slightly different. They will go through and make recommendations.They will make recommendations on some uses that should be there and those that should not be there.It is harder to take away uses now with Proposition 207, but they can identify those for them.He believes that the market place works pretty well.The market place should dictate where those uses will be and the council will control it through design and bulk requirements. Vice Mayor Eck commented that is fine with him.He thinks you have to keep your mind open. Mr. Ed Gawf agreed.The market is more sophisticated than any planner can be, and maybe even any city council. Mayor Insalaco closed the item with no further discussion and moved to the next item. POTENTIAL PROJECTS FOR THE SUBMISSION OF A FISCAL YEAR 2010 STATE SPECIAL PROJECT APPLICATION ) )Program Coordinator Heather Patel briefed the council on the item. Councilmember Barker asked if there is another type of grant that would cover the Community Alliance Against Family Abuse improvements.She asked if the city has gone after grants in the past that were for improvements in low income areas. Program Coordinator Heather Patel stated she does not know what grants were applied for previous to her working for the city that were for nonprofits. Councilmember Barker stated nonprofit is the thing that makes it sticky for a low income grant. Program Coordinator Heather Patel stated nonprofits can apply for their own grants.The Community Development Block Grant and the State Special Project REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 22 OF 35 Program are specifically to low income or limited clientele populations.Women with children are the focus population that falls under the State Special Projects purview.That is why it is an eligible activity. Vice Mayor Eck commented when he was first on the council there were some grants that were for low income. Councilmember Barker commented she does not remember what they were for but she does recall them going through.She asked if Community Alliance Against Family Abuse has investigated going for a grant themselves.She is curious as she understands what they are asking for but wonders why they have not gone out for a grant to get this done. Program Coordinator Heather Patel stated she believes they have looked at other options but the Community Development Block Grant program is a very popular funding source for nonprofits to do this sort of thing.That is why they are looking at us. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. NEW BUSINESS RESOLUTION NO. 10-12, AUTHORIZING THE SUBMISSION OF AN ARIZONA DEPARTMENT OF COMMERCE ARIZONA BIOFUELS CONVERSION GRANT APPLICATION AND COMMITTING LOCAL FUNDS AS LEVERAGE )Program Coordinator Heather Patel briefed the council on the item. Vice Mayor Eck commented he never heard of E85. Public Works Manager Shane Kiesow stated it is 85% ethanol and 15% gasoline.It is a blend REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 23 OF 35 that 2008 and newer vehicles can operate on.A lot of the police patrol cars can run on it and it runs a lot cleaner than gasoline. Councilmember Serdy asked where they would buy it. Public Works Manager Shane Kiesow stated it is available at the Phoenix rack, which is where a lot of the wholesale gasoline in the valley goes.It is available and the price is fairly comparable to regular gasoline.It fluctuates a little bit so we might pay a couple cents more or less depending on the time of year. Councilmember Serdy asked if it was made out of corn or bean. Public Works Manager Shane Kiesow stated he thought it would be both.Ethanol is made out of soy bean as well as corn, along with other products. Councilmember Wilson asked if they are deactivating the underground storage tanks. Public Works Manager Shane Kiesow stated that is correct.The life span usually for underground tanks is 20 years; we are beyond that.The standard is to replace underground tanks at the 20 year mark.The suppliers of our underground tanks do not warrant it any longer. The city carries insurance for the tanks.However, it is not good practice for a leak to begin and then depend on the insurance.It would be our deductible to repair it. Councilmember Wilson asked if we had just done recovery for them as well. Public Works Manager Shane Kiesow stated the pumps.The dispensers will not change.The tanks will change.The scope of work will include abandonment of the underground tanks, making the underground disconnection, and stabilizing the underground tanks.Arizona Department of Environmental Quality has strict rules on how to clean the underground tanks and fill them up with foam.It makes them REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 24 OF 35 very neutral and they can be left underground.The above ground tanks will allow them to get around Arizona Department of Environmental Quality and Environmental Protection Agency testing.We currently have to do it annually for the underground tanks to make sure they are not leaking. Councilmember Wilson commented the biggest problem with above ground tanks is the sun.He asked if they would have to put up a shade to cover them. Public Works Manager Shane Kiesow stated they would not.The walls of the tank are real thick.They will handle high velocity rifle shots up to and beyond 50 caliber.With the thickness of the walls, it will be a marginal influence to the fuel inside.The school district has above ground tanks that they have had for several years. There is no canopy over them and it has not been an issue. Vice Mayor Eck asked if he knows anyone running on E85 and if he had compared, it with any other town or city. Public Works Manager Shane Kiesow stated he has not inquired on E85 but Mesa has experience with CNG and Tempe used propane. Vice Mayor Eck commented the officers would have to flip off the CNG to do a chase.It did not work out. Public Works Manager Shane Kiesow stated E85 has no performance impact.However, there is a small decrease in miles per gallon.There was a definite issue with CNG when it came to patrol cars. Vice Mayor Eck asked if they would get credit through the government for running on this cleaner fuel to make up for some of these expenses.Obviously they have the grant. Public Works Manager Shane Kiesow stated that might be the first credit.He is not aware REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 25 OF 35 of any grants for maintaining the operation.Past councils have wanted to know what they could do to increase the use of alternate fuel.This is one of the options that is immediately before us. Councilmember Wilson asked if there is a state requirement that they will have to have so many vehicles for the air.We are looking at the possibility of doing another PM10.He asked if this would help the city at all in the upcoming assessment. Public Works Manager Shane Kiesow stated it definitely would.There are changes in the PM10. Moving towards alternate fuel will help with that.Also, those at a population of 50,000 or more have other air quality statutes that will actually kick in.One of them has to do with alternate fuel.This is a step in that direction as we get closer to our population of 50,000. Councilmember Barker asked if this fuel will be for all of our vehicles, and how many vehicles do we have that will not meet that. Public Works Manager Shane Kiesow stated we have a lot that do not.We only have 6 or so that are actually 2008 or newer.But, all the newer patrol cars, cars and trucks they are purchasing will be 2008 or newer. The volume of use of E85 will grow as we move into the future. These tanks are compartmentalized.We currently have two below ground tanks that have one compartment each; one has diesel and one has gasoline.These above ground tanks will have two compartments in them, so they can still run gasoline out of one compartment and E85 out of the other. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO. 10-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF COMMERCE FOR THE ARIZONA BIOFUELS CONVERSION GRANT PROGRAM AND COMMITTING LOCAL FUNDS AS LEVERAGE, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 26 OF 35 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REQUESTED DEVELOPMENT FEE APPEAL FROM COLLEEN RYAN Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco asked if it was a mobile home or a house that was removed from the property. Development Services Director Brad Steinke stated he thought it was a traditional stick built, but he does not know for sure. Councilmember Barker asked when it was built. Development Services Director Brad Steinke stated it was built before 1985. Councilmember Wilson commented he thought they discussed after the last one that they were going to bring forward a change on the rule on that.He asked for a status update on that change. Development Services Director Brad Steinke stated in the 2010-11 work program they have identified an update to the development fee ordinance.It would be included in that.He thinks he has that for the second quarter of the fiscal year. Vice Mayor Eck commented he was going to ask George if they could put that on and discuss it.He knows of another situation where a mobile home was a 1961 on Delaware but because they tore it down and it has been over 12 months, they have a $10,000 in development fees.It needed to be condemned.It was better off being a bare lot. They just put it up for sale.With the economy, it did not REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 27 OF 35 sell.The man is just pulling his hair out.The 1961 trailer would not have sold.It was an eyesore and a safety hazard. There are a few exceptions they need to look at for the development fees, regarding the 12 months where there was a prior unit.He would like to discuss it.If they are going to wait until the second quarter, if that is what is planned, then that is fine.He would really like to get it on the agenda. Development Services Director Brad Steinke stated he agreed.He commented to not quote him on the second quarter, but he believes the work program is coming before them soon and they can adjust it and put it in the first quarter. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. RATIFICATION OF THE PURCHASE OF COMPUTER SERVERS FROM DELL L.P. )Public Safety Director Jerald Monahan briefed the council on the item. Councilmember Serdy commented it would be good to know that if all the computers did crash that the police department would survive.He thinks a lot of them have been in retail stores when the cash register crashes and they do not know how to do business.He asked how they would handle things in case all the computers went down in an emergency.He asked if they would still be able to communicate and hoped they were not reliant on the system. Public Safety Director Jerald Monahan stated we do have a system of uninterrupted power supplies that should create a failsafe.That is with servers with current upgrades and maintained by our contract companies. We should be able to withstand any kind of crash.We need the upgrades to maintain that. Councilmember Coleman commented he has not read or heard a lot of good things about Dell recently.He asked if they are the only choice or if they are the recommendation of the IT people. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 28 OF 35 Public Safety Director Jerald Monahan stated that is the company the city has a contract with, and that is why they are the one of choice. Councilmember Dietz commented he brought some articles in and gave them to Kathy.There are a lot of problems and lawsuits against Dell.He asked if they have a contract where they have to purchase Dell. City Clerk Kathleen Connelly stated she does not believe she has ever seen one.The city attorney is saying the same thing. Councilmember Dietz commented if that is the case, he would wish to review that contract.If one or all of these new computers went down, they would be in the same boat.He would hate for that to happen with so many problems that are out there with Dell.He thinks a little more history needs to be made.These are already purchased and there is nothing they can do about it; they are obviously going through with it.But he thinks in the future they really need to look at that to see what options are available. Public Safety Director Jerald Monahan stated it was the police department IT staff that waived the red flag.Because of the amount of the purchase and the concerns over technology in general, they asked the city's IT director, Earl Simmers, to review what his staff was doing and confirm the need.The decision to go with Dell he believes was based on a city decision.He was told by his staff that we had a contract but it certainly appears that we have used Dell exclusively in the past at all levels within the city. Councilmember Dietz commented that is fine.He just thinks they need to research a little bit more before we put out another large amount. City Clerk Kathleen Connelly stated she does not believe Dell has any exclusive contract with us.She has not seen one. City Attorney Joel Stern commented he had not seen that contract. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 29 OF 35 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE PURCHASE OF COMPUTER SERVERS AND RELATED SOFTWARE FOR THE POLICE DEPARTMENT FROM DELL L.P. IN AN AMOUNT NOT TO EXCEED $108,000 BE RATIFIED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SECOND AMENDMENT TO AGREEMENT FOR MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES WITH TALIS CONSTRUCTION/SECOND AMENDMENT TO AGREEMENT FOR PAVING MATERIALS WITH MESA MATERIALS, INC. /SECOND AMENDMENT TO AGREEMENT FOR PRE -COATED CHIPS WITH MESA MATERIALS, INC./EXTENSION OF CONTRACT PW 2009-09 BULK FUEL )Public Works Manager Shane Kiesow briefed the council on the items. Vice Mayor Eck asked if they would be doing the manholes with Citywide again. Public Works Manager Shane Kiesow stated that is correct. Vice Mayor Eck commented they do a good job. Mayor Insalaco closed the items with no further discussion and moved on to the next item. PW 2010-02 JANITORIAL .SERVICES AWARD OF BID TO GCA SERVICES GROUP INC. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 •PAGE 30 OF 35 )Public Works Manager Shane Kiesow briefed the council on the item. Vice Mayor Eck asked if they had been paying $117,000 with the other group. Public Works Manager Shane Kiesow stated we were actually paying them $187,000 or closer to $190,000.Our savings will be between $60,000 and $70,000. had been with. Kiesow stated it had been with ABM. can do it for that much less. Vice Mayor Eck asked who that Public Works Manager Shane Vice Mayor Eck commented GCA Public Works Manager Shane Kiesow stated they did check out their references.GCA services the Phoenix convention center.The convention center has many of the same type of offices and meeting rooms.They also do Sky Harbor which has a large volume of people characteristic to the large volume,of.people we get at the library and.multi-gen - center.They are .used to servicing high volume buildings. Councilmember Serdy commented these companies are notorious for having undocumented workers. He asked how we could have assurance that there would not be any.He believed the City of Mesa actually had their offices cleaned by some. Vice Mayor Eck commented they found two.people in the entire staff. Councilmember Serdy.commented one would.be-tooltiny.He asked.how we would have assurances that they would be. Public Works Manager Shane Kiesow stated we do have assurance built in through our bid, as well as our agreement that we would move forward with.Those REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2.01.0 PAGE 31 OF 35 assurances include a screening that covers a criminal background check for their staff, a background check for employment eligibility, and a motor vehicle background check as they will be driving on our campus from building to building.They will have a 10 panel drug screen as well.That is the full gamut of screens that we have required in our contract documents.Their proposal that they submitted back to us for review verifies that that is what they will do for screening their staff that works at our campus and our facility. Councilmember Dietz asked if this is quite a bit cheaper than if we did this in house. Public Works Manager Shane Kiesow stated he thinks it would be cheaper because of the impact on morale on staff.They might have the public works manager, the public works director and city manager cleaning bathrooms which might be an issue to some to pay these people to do that.He would say yes. City Manager George Hoffman stated he understood the question slightly differently.He wanted to know if we could competitively do it in house if we were to go out and augment our janitorial staff and buy our supplies. Councilmember Dietz commented which we did at one time. Public Works Manager Shane Kiesow stated when they did the initial bid 5 years ago it was competitively cheaper than what we could do in house.He thinks with the prices he is seeing this time, they could not beat it for the amount of staff the city would have to hire to do it in house. Councilmember Coleman asked if this covers all of our buildings. Public Works Manager Shane Kiesow stated it does not cover some of the parks buildings such as the buildings at Prospector Park and the pool.It does not cover public safety.There is an in house janitorial person REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 32 OF 35 there.However, our janitorial staff fills in when she is on vacation or is sick. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE AWARD OF BID FOR PROJECT PW 2010-02, JANITORIAL SERVICES, BE AWARDED TO GCA SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $117,320.10; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON RESOLUTION NO. 10-27, APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco closed the discussion with no comments and moved on to the next item. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz commented the executive session and work session have been canceled for Monday, July 19, 2010 and the executive session and regular meeting have been canceled for Tuesday, July 20, 2010.He MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, AUGUST 2, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 33 OF 35 AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, AUGUST 3, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the resolution on the San Tan Valley incorporation and a councilmember making alleged comments to volunteers working on his recall petitions. ADJOURNMENT Mayor Insalaco adjourned the meeting at 10:10 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of June 15, 2010. 3. Consideration of approval of a Professional Services Agreement Extension with the Apache Junction Chamber of Commerce in an amount not to exceed $9,000.00. 4. Acknowledge receipt of the Annual Report of the Apache Junction Public Library. ACCEPTED THIS 3RD DAY OF AUGUST, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST, 2010. N S. INSALACO ayor REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 34 OF 35 ;W-icA3— 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 6th day of July, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of July, 2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 35 OF 35