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HomeMy WebLinkAbout2007-07-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 3, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 3, 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 Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers 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 Parks & Recreation Director Jeff Bell Library Director Pam Loui Others Present:Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 1 OF 30 Planning Manager Fred Baker Human Resources Director Liz Riley Captain Tom Kelly Assistant Planner Mike Heuchert ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND TO CONTINUE ITEMS 5 THROUGH 7 TO A LATER DATE; AND THAT THE AWARD OF BID FOR PW 2007-07, PAVING MATERIALS, BE AWARDED TO MESA MATERIALS COMPANY AT $59.69 PER TON FOR 9.5 MM, 5.6% AC SUPERPAVE; $58.07 PER TON FOR 12.5 MM, 5.1% AC SUPERPAVE; $56.99 PER TON FOR 19 MM, 4.8% AC SUPERPAVE; $56.99 PER TON FOR 19 MM, 5.0% AC EVAC; $74.28 PER TON FOR COLD MIX; AND $85 PER HOUR STANDBY TIME FOR DELIVERY TRUCKS AT JOBSITE AFTER 20 MINUTES; AND THAT APPROVAL BE GIVEN TO EXTEND CONTRACT NO. PW 2006-03, FUEL, WITH SUPREME OIL COMPANY FOR FISCAL YEAR 2007-2008, ENDING ON JUNE 30, 2008, FOR $2.4131 PER GALLON FOR DIESEL FUEL AND $2.5593 PER GALLON FOR UNLEADED FUEL, WITH THE OPTION TO RENEW THE CONTRACT FOR 2 ADDITIONAL ONE-YEAR PERIODS IF MUTUALLY AGREED; AND THAT THE RECEIPT OF THE ANNUAL REPORT OF. THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR 2006-2007 FISCAL YEAR BE ACKNOWLEDGED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mr. Grady McEachern, representing the Lost Dutchman Marathon Committee, presented a check in the amount of $7,500 to Parks REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 2 OF 30 and Recreation Director Jeff Bell for the Parks and Recreation Scholarship Fund.He also presented the city with a plaque commemorating the city's support of the marathon and related events.He recognized city personnel who have been helpful and supportive:Parks and Recreation Director Jeff Bell, Recreation Superintendent Liz Langenbach, Recreation Coordinator Jay Reynolds, Parks Supervisor Joe Ornellas, Facility Manager Jamie Sullivan, Parks Shop Technician Chris Curtis, and Business License Coordinator Taleen Carpenter. CALL TO THE PUBLIC City Attorney Joel Stern stated they probably noticed the agenda was a little shorter this time.A public body may discuss, consider and decide a matter not on the agenda when an actual emergency exists allowing the public body to dispense with the advance notice and agenda requirements under A.R.S. § 38- 431.02(D).Pursuant to A.R.S. § 38-431.02(J) the agenda can be amended by reading this statement in public and setting forth the reasons for the amendment.Call to the Public was taken off the agenda by computer error in the city's new NovusAgenda computer system.It eliminated this item.Not having this item on the agenda would frustrate the democratic process of hearing directly from the public.The city believes this is a serious consequence of an unforeseen clerical circumstance.This statement will appear in the minutes to satisfy all legal requirements.They can now go ahead with Call to the Public. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding the council retreat. Mr. Anthony Brancaccio, 1917 S. Palo Verde, Apache Junction, addressed the council regarding an evangelism team in Apache Junction. Mr. Marcus Mattingly, 1833 E. Ebony Place, Chandler, addressed the council regarding putting the Bible back into schools. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 3 OF 30 Mr. Jeremy Bowlin, 205 N. 74th St., Mesa, part of the Calgary Chapel Evangelical Team, addressed the council regarding the evangelism team and thanked the city for its cooperation. ANNOUNCEMENT OF CURRENT EVENTS City Attorney Joel Stern stated this was also deleted from the agenda.It will be the same statement to make it legal.A public body may discuss, consider and decide a matter not on the agenda when an actual emergency exists allowing the public body to dispense with the advance notice and agenda requirements under A.R.S. § 38-431.02(D).Pursuant to A.R.S. § 38-431.02(J) the agenda can be amended by reading this statement in public and setting forth the reasons for the amendment.This was a computer error with the city's new NovusAgenda computer system. It eliminated this item.Not having this item on the agenda would frustrate the democratic process by not allowing the public to be informed about current events and upcoming events under the Announcement of Current Events item.The city believes this is a serious consequence of an unforeseen clerical circumstance.This statement will appear in the minutes to satisfy all legal requirements.They can now go ahead with the item that is not listed on the agenda. Mayor Insalaco announced that there will be nice fireworks tomorrow at the high school for Fourth of July. CITY MANAGER'S REPORT City Manager George Hoffman apologized for the staff error. They are looking across the organization to make our employees more effective through technology.In this instance, it was two steps forward and one step back.If the item is not specifically entered, it does not appear.None of the department directors entered Call to the Public as an agenda item so it did not appear.They have a remedy for that and believe it will not happen again.He read a statement provided to him from Councilmember Wilson regarding the signing of the Declaration of Independence, creating an independent nation in support of ideals of liberty and equality and how the country has become a place where people can pursue their dreams and REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 4 OF 30 change the world, and to remember the opportunities the 56 signers and many more patriots have given us; also remember those serving the country all over the world and those that have given their lives to protect those freedoms.He wished everyone would have a good, safe and enjoyable Fourth of July on behalf of the city council and staff. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF CAPTAIN'S FOODS AND SPIRITS )City Clerk Kathleen Connelly briefed the council on the item.She stated this has been happening frequently because of the change in state law regarding no smoking areas.Captain's is coming to the council to make the same type of request for similar accommodations. They have reports in their packets from internal staff as well as the fire district.She called their attention to the letter from the fire district.They raised 2 points; she suggested they discuss those with the applicant.The applicant provided them with an updated diagram.The applicant is in attendance in the event of any questions from the council. Mayor Insalaco requested the applicant address the council. Mr. and Mrs. Mark and Mary LeDoux, 1040 E. Estevan, Apache Junction, addressed the council. They are the owners.They need this to keep their business going.There has been a dramatic drop in their sales since the new law went into effect.They are hoping this will change all that. Councilmember Barker asked if they have provided greater detail as to the height and type of enclosure being proposed as the fire district requested.She sees the dimension of the patio on the new drawing. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE'S OF 30 Mr. Mark LeDoux stated he covered that with Mr. Klinger who has given his stamp of approval.He also talked to •the chief today.All those questions have been answered. Councilmember Barker asked what those items are. Mr. Mark LeDoux stated it will be 8' tall_ Councilmember Barker asked what materials would be used for the enclosure. Mr. Mark LeDoux stated the roof will be aluminum and anchored by a local contractor.It will be surrounded by a latticed fence and sunscreen.It will be effective but look nice, too. Councilmember Severs commented he noticed people are building an outside patio and it has to be fenced so that no alcohol transports outside of that patio.He does not think most people realize that the fence only has to be 42" high.One of the other restaurants in town has a 6' wrought iron fence with a roof above it and that created a fire exit situation.He asked if the fire district made any comment to them about their fire exits. Mr. Mark LeDoux stated they talked about that today.They will be having a 6' fence.They will have about 4' of space and they will have fire extinguishers.They will also have an exit there with a panic bar on it.It is not necessary for them to do it according to the chief, but they are going to do it anyway. Councilmember Severs asked why they wanted to go so high with it. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 6 OF 30 Mr. Mark LeDoux stated it will meet the eaves at the top of the roof of the building.It is about the only place they can hook it up. Councilmember Barker asked what direction the back of this faces. Mr. Mark LeDoux stated the back faces to the west. Councilmember Barker commented that the sunscreen needs to be up higher than 42" because they will have the sun streaming in there in the summertime.It sounds like it will be pretty comfortable with that. Mr. Mark LeDoux stated he hoped so. Vice Mayor Eck commented they are like many applicants in the past 6 weeks or so. Mr. Mark LeDoux stated they have seen almost a 50% drop in sales in the first 3 weeks.They have issues with the new order. Councilmember Severs wished him luck and stated he hoped business picks back up for them. 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. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF CAPTAIN'S FOODS AND SPIRITS, SUBMITTED BY MARK WARREN LEDOUX, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 7 OF 30 Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1299, PZ-8-07, REZONING APPROXIMATELY 3.5 ACRES OF PROPERTY LOCATED AT 2040 S. GOLDFIELD FROM GR TO R1-43/PD )Assistant Planner Mike Heuchert briefed the council on the item.The applicants are James and Shirley Rollins.The GR zoning has a minimum lot size of 1.25 acres.They would like to split it into 3 lots and keep one for themselves, selling off the other two.Under the current code they have to have a quarter of an acre more than they have.Currently their property is in 2 lots allowing mobile or site -built.He described the surrounding area.There is currently a mobile home and pool on the property.If split, the owner is aware he will have to remove the mobile home and probably fill in the pool.The original proposal had access for all 3 lots from Goldfield.Easements on the north and south lots would make that tight to put a house in.He described the easements. north easement is paved. Heuchert stated it is not. it is a midway point. Heuchert stated it is not. the easement could be abandoned. Vice Mayor Eck asked if the Assistant Planner Mike Councilmember Severs asked if Assistant Planner Mike Councilmember Severs asked if REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 8 OF 30 Assistant Planner Mike Heuchert stated it is 20th Avenue. Vice Mayor Eck commented 20th Avenue is not paved. Assistant Planner Mike Heuchert stated it is not paved or graded at this time. Councilmember Severs commented it does not go anywhere. Mayor Insalaco stated it is just an easement. Assistant Planner Mike Heuchert stated that is correct.The only paved road is Goldfield.Staff came up with a different lot split that would allow access for all 3 lots off of 20th Avenue.According to engineering guidelines, if it is a dedicated city roadway, the minimum requirement is to grade it.He would not have to pave it unless it is conditioned by the council.Access off of 20th Avenue would reduce the traffic hazard of having 3 driveways on Goldfield.One of the concerns of the property owner was for all 3 lots to have a clear view of the mountain; each lot has a different front setback.The lot to the west has a 30' setback, the lot in the middle has a 45' setback, and the lot to the east has a 60' setback.He listed the conditions of approval in the ordinance.Originally they proposed mobile homes on all three properties but the owner is going to remove his mobile home in the next couple of years and build a site built home; he would like his neighbors to do so also.The R1-43 will not allow mobile homes. Councilmember Wilson commented the one lot that has the 60' setback also has an easement on east side.He asked if the front yard area could be used for something and what is considered the front yard. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 9 OF 30 Assistant Planner Mike Heuchert stated the front yard is still usable space.The maximum height is 4.5' for any structure in the front yard. They could have a small fenced -in area but the house and structure would have to be set back further. Councilmember Wilson commented they could put something up there. Assistant Planner Mike Heuchert stated they can. Vice Mayor Eck asked if the owner has any plans to put decomposed granite on 20th Avenue or any type of rock.He is concerned about the PM -10 standards that have to be followed for dust control.It is a federal mandate.They could come off of Goldfield and not have to worry about it, but this is a great project.He was wondering if they could get something inexpensive that might help to keep the dust down. Assistant Planner Mike Heuchert stated his intention is to just grade it.He has the equipment to do it himself. Mayor Insalaco asked if they can ask him about it when he comes up. Assistant Planner Mike Heuchert stated they could. Vice Mayor Eck asked if the one -quarter -inch decomposed granite is effective for dust control. Public Works Manager Shane Kiesow stated it is.The quarter -inch minus is effective and the very inexpensive.Some of the ways other cities have written the rule to qualify rock or granite as a dust palliative REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 10 OF 30 is to have it be laid down at a certain depth, such as 2 or 3 inches. Vice Mayor Eck commented they can use the least expensive product and it would be adequate for- the city. Public Works Manager Shane Kiesow stated as long as they stay away from the fine dirt it is adequate. • City Manager George Hoffman_ asked when the state law on the PM -10 issue will be coming down and what the implications might be for this project. • Public Works Manager Shane Kiesow stated it is coming down.It will be much like the control measures that he talked about a couple of weeks ago.It pre-empts what they are attempting there and it has language in it that is just like the control measures. City Manager George Hoffman stated he recalled some October dates and some March dates but they are not committed to memory.He asked if they would require this project to be paved if they come into place. Vice Mayor Eck commented he thought they were effective already. Public Works Manager Shane Kiesow stated it is not effective yet.The state senate bill that came about has most of the due dates for consideration in 2008.It is structured a lot like we had structured ours to Maricopa Association of Governments with the control measures. He has not looked at the dates and he will have to go back and look at our control measures to see how they match up with the state bill.It is pretty much the same thing. Councilmember .Barker commented except for the leaf blower. REGULAR MEETING OF THE: CITY COUNCIL JULY 3, 2007 PAGE 11 OF 30 Public Works Manager Shane Kiesow stated there are a couple more measures in there.For example, there is one control measure the city did not seek to actually implement that the state is now requiring us to take a look at, and there is the leaf blower as well. City Manager George Hoffman asked if they might be required to pave this. Public Works Manager Shane Kiesow stated they would.There is a provision in the state law that has to do with the number of units for the paving of a street.He cannot recall the exact number; it may be four. City Manager George Hoffman stated it is brand new and they have not studied it yet.They are trying to give them a level of awareness that whatever is approved here may be impacted later on. City Attorney Joel Stern asked if the control measures are staged from 2008 through 2012. Public Works Manager Shane Kiesow stated the five percent plan goes through 2009.Most of our control measures will be implemented through then, with the easiest ones starting in 2007.The ones that would be ordinance consideration by the council are scheduled through 2008 to minimize the impact to the staff on looking at research and drafting the ordinances. City Attorney Joel Stern stated he is not sure the measures would apply to this property. He would have to research it.This project started well before this requirement.For the paving of dirt lots, that is supposed to be in 2008. Public Works Manager Shane Kiesow stated that is correct.They have it down for 2008, so REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 12 OF 30 they have about a year before they would implement any type of ordinance or measure that might come back. Vice Mayor Eck asked if they are measuring PM -10 now. Public Works Manager Shane Kiesow stated they do have an active PM -10 monitor. Vice Mayor Eck asked if they are supposed to be trying to follow the standards and guidelines. Public Works Manager Shane Kiesow stated they are supposed to be following the resolution that was put together in 2004. Vice Mayor Eck stated they already have one going; it is just being cut in half. . Mayor Insalaco commented the attorney said it was started before all this came out. Councilmember Barker commented she is hearing the question of will this road possibly be impacted later because some of the things that they looked at was looking at roads and saying the city would do dust control measures on dirt roads.It might not have to be paved this year, but maybe next year, and the city would have to do that then. Public Works Manager Shane Kiesow asked if this is going to be a private driveway or will it be dedicated to the city. Assistant Planner Mike Heuchert stated it would be dedicated to the city. Councilmember Barker commented it will come under the PM -10 eventually, if not today. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 13 OF 30 Vice Mayor Eck commented the decomposed granite will not help on the PM -10.He is just trying to save now and go as inexpensive now as possible.On every lot split they have had they have always asked for something on the road. Public Works Manager Shane Kiesow stated he would go with the least double chip seal if this is being dedicated to the city.That is the minimum they are doing for the dirt roads.Decomposed granite eventually gets crushed over time. City Attorney Joel Stern stated Mr. Baker has a solution to this. Planning Manager Fred Baker stated they could add to condition number three that requires access for all 3 lots on 20th Avenue.They could add a statement that the applicant will comply with all PM -10 requirements at the time he comes into the city to ask for a grading permit to grade the road.They do not know when he will be doing that. Vice Mayor Eck stated that was fine with him. Councilmember Wilson commented he was looking in the recommendation motion and saw they were talking about 6 trees and 14 shrubs per front yard. The one yard has a 30' setback.It would be crowded.He could understand if the owner wanted to do that if he could.He asked why they were insisting that he put in 6 trees. Assistant Planner Mike Heuchert stated that is something they would normally require as part of the landscaping and screening requirements.He looked at how they would apply it to a subdivision.It is so many trees per front foot of the yard.It came out to 6 trees because of their size. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 14 OF 30 Councilmember Severs commented this is not considered a subdivision.It is private property. Assistant Planner Mike Heuchert stated that is correct.But is it something they have asked for on quite a few of the lot splits that they have done in the past. Councilmember Barker commented she sees the councilmember's point.Six trees and 14 shrubs in a 30' setback in the front yard of the far west property seems a bit crowded.She asked if they were planting a forest in a desert. Vice Mayor Eck suggested they delete item 7. Councilmember Barker stated she would like to see some landscaping and screening requirements remain but she would like to see it apportioned. Vice Mayor Eck commented he thinks it should be up to each individual.He does not think they will build these homes and not plant something.He does not see where it is up to the council to tell them what to do. Councilmember Barker stated it is part of the landscaping and screening ordinance. Vice Mayor Eck asked if it is part of the landscaping and screening ordinance on a 1.25 acre planned development. Councilmember Severs stated the ordinance is for commercial lots, not someone's home. Councilmember Wilson stated he could understand if the applicant wants to put them in there. The city is encouraging landscaping low impact desert plants yet REGULAR MEETING OF THE CITY COUNCIL. JULY 3, 2007 PAGE 15 OF 30 they are insisting on trees which, especially while they are getting established, will require water. Assistant Planner Mike Heuchert stated they encourage them to use low water use trees such as mesquite and palo verde.They have a list that they hand out of low water use desert -type landscaping.They encourage people to use them. Councilmember Wilson commented that while they are being established they will require additional water. Assistant Planner Mike Heuchert stated that is correct. Councilmember Severs commented they cannot be telling people that they have to plant trees on their own private property.It is going too far; it is crossing the line. Mayor Insalaco commented he did not think they were going too far but he thinks it is too far on this property with its 30' frontage to have all those trees and shrubbery.The city wants screening and landscaping,. yet at the same time it seems like a lot for thirty feet'. Councilmember Barker suggested they talk to the property owner to see what he has in mind for that area.It would give the council a better idea as to what he is planning to do with. this. Mayor Insalaco requested the applicant address the council. 'Mr. Jim Rollins, 2040 S. Goldfield, Apache Junction, addressed the council.He stated when he bought the property he wound up with 2.oversized lots instead of two 1.25 acre lots.They are too big .for 2 places and not quite big enough for three.He is trying to rezone it. REGULAR MEETING OF THECITY COUNCIL JULY 3, 2007 PAGE 16 OF 30 so he can get 3 lots out of it.He would like to see 3 site built houses there; he will be getting rid of his older mobile home.It is almost 30 years old.He will do whatever he has to do to get it surveyed.He has already gone down 20th Avenue with his tractor and smoothed it out and removed the greasewood. It will make a nice street; it just needs gravel or something. Vice Mayor Eck asked what he said it needed now. Mr. Jim Rollins stated he plans to put some one -quarter -inch granite on it. Vice Mayor Eck commented that is what he wanted to hear, that he would agree to do that.The city is under a particulate matter that is a federal mandate requiring the city to keep the dust control down on every dirt road and trail in the community.He thinks that is a solid effort to put down some type of granite. Mr. Jim Rollins commented he would do that.He already has it cleaned and smoothed off and it just needs the gravel.He did his half, the 33' that he would be dedicating to the city.He has already got his paperwork ready to be turned in.He thinks it will wind up with 3 nice lots if they rezone it for him.There should be 3 nice homes there within the next 2 years.He needs the 24 months to get it done. Vice Mayor Eck asked if he was looking to put 6 trees and 14 shrubs on that one lot. Mr. Jim Rollins stated he had not thought that far ahead about landscaping.He has to get it surveyed and do other things.Whoever builds a home there, if it is him or not, would do all that.Otherwise the new owner would have to do it. Councilmember Barker asked if he was going to stay on the west lot. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 17 OF 30 Mr. Jim Rollins stated he had not made up his mind. Councilmember Barker commented that is the one that has the small setback. Mr. Jim Rollins stated he had not really decided that yet.He is just working towards the rezoning and surveying right now. Councilmember Severs asked if there would be a problem getting water to these 3 properties like they had with the other woman who had it similar to this. He asked if they would run the water straight off the street or, since they have added 20th Avenue, will they have a hard time getting water to it. Vice Mayor Eck asked where the water main is at. Mr. Jim Rollins stated he has 2 water meters now that he put in several years ago.There is a water meter on the lot next to him with the preliminary pipes and valve already there.He will have to add a third water meter so that all 3 lots will have water. Vice Mayor Eck asked if he only had to add water to the east lot. Mr. Jim Rollins stated all 3 meters will be lined up along the north side. Councilmember Severs requested he point out to them on the screen where the water meters are now. Mr. Jim Rollins stated one meter is on Hilton and he then showed the council where the other meter is located. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 18 OF 30 Vice Mayor Eck commented it is on Goldfield. Councilmember Severs stated he does not have one for the middle lot. Mr. Jim Rollins showed the council on the map where he was going to put in another water meter.He is going to see if Arizona Water Company will move the meter on Hilton over there, too.He would like to have all the water meters lined up.He thinks they will. Mayor Insalaco asked if this is all necessary so that he can split his lots and get the rezoning. City Attorney Joel Stern stated they want to be specific as to zoning regulations.If they are going to change anything, now is the time to do it.It may be difficult to change later due to some other issues that may come up. Councilmember Severs commented he asked that question because they recently had a lady that split a section in Mesa the same way and because of where the water was, she could not get water to the back lot. Vice Mayor Eck suggested he go to Arizona Water as soon as possible and present this to them and see what they have to say. Councilmember Severs commented he would hate to approve something and then find out he could not get water to it. Vice Mayor Eck commented he can, but you hope they are not going to require a main or something. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 19 OF 30 Mr. Jim Rollins stated when they put the water in for the new one they put in a new main and did all the pipes up to the corner of that lot.He thinks all they have to do is put a meter there for another lot. Vice Mayor Eck commented he would still make sure fOr his own safety. Councilmember Severs commented he got 50 tons of the quarter minus crushed granite from Treasure Chest for $7 a ton. Vice Mayor Eck commented he can get it for $4.50. Mayor Insalaco opened the public hearing on the item. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated he believes all the houses are supposed to be facing the Goldfields.The houses will be facing east and that is why they required those setbacks so that every one would have a view of the mountains.As 20th Avenue will be his mailing address and the front of his house, they would be requiring him to put 6 trees and all the shrubs on the side of the house, as the city would be considering that the front of the house.He is aware of things like that as he has the same thing; his address is on Windsong but the front of his house faces the Goldfields and San Marcos Street.The San Marcos Street side is considered his side yard.He would probably be planting 'a lot of trees and shrubs on the side of the house where he would have no windows. Mayor Insalaco closed the public hearing with no one .el-se wishing to speak. Councilmember Barker commented it..sounded_likethe consensus of the council is that the landscaping requirements should not be there. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 . PAGE 20 OF 30 Vice Mayor Eck commented they should be reduced. Mayor Insalaco agreed they should be reduced, not be removed entirely.They should be reduced on that one lot. Vice Mayor Eck agreed, such as 3 trees instead of 6 and seven, shrubs instead of 14. Councilmember Barker asked if they wanted to reduce them or let him use his own judgment. The consensus was to let him use his own judgment. Vice Mayor Eck commented he said he would put in his own gravel. Councilmember Barker commented it still needs to be part of it to comply with the PM- 10 just as an extra added thing to assure the council that it would be taken care of.Even though he is saying he would do it, this would hold him to it. City Attorney Joel Stern stated he had some language written out on the particulate matter that could be added to number6. There was general discussion on what should be added to the motion. Councilmember Severs commented the city has been accused of being a big homeowners association several times.Telling someone they had to plant trees on their own property 'would add to that. Mayor Insalaco stated he would -like to see some landscaping.However, he thinks 6 trees REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 210F 30 in a 30' front yard is a little much.He then closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1299 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1299, AS READ BY THE CITY CLERK, WITH THE ADDITION TO NUMBER 6 OF "THE DEVELOPER SHALL COMPLY WITH ALL FEDERAL, STATE AND LOCAL RULES RELATING TO REDUCTION OF PARTICULATE MATTER ON THE 20TH AVENUE ROADWAY EASEMENT" AND THE DELETION OF NUMBER 7 BE APPROVED AND ADOPTED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 22 OF 30 CONSTRUCTION ALTERNATIVES FOR THE ANIMAL CONTROL BUILDING )Public Works Manager Shane Kiesow briefed the council on the item.He stated they discussed some of the options for the expansion of the animal control building last night.The dimensions are 30' wide and the expansion will add an additional 25' to the western portion of the existing office.The general contractor has advised they could be under construction within a month's time depending on how quick the award of bid is given.The contract states the construction will be completed in 60 days.They are looking at the middle to end of October for the occupation of the new extension.The current code says 75% of the building will be stucco, so he took the entire east wall, the northern face of the building and the western side of the building and came up with a price in the neighborhood of $20,000 to stucco those three sides. Vice Mayor Eck asked if that would be full rather than 75% and leaving a gap of metal. Public Works Manager Shane Kiesow stated it would be full on those three sides; the back side is the empty space.If they want to do just a portion of stucco on the front, they would have to put some stucco on the back. Vice Mayor Eck stated he thinks it is their responsibility to do that since we require it of others. Mayor Insalaco commented if they are requiring the public to do things like this we ought to show that we are willing to do it, too. Councilmember Severs asked if he brought the drawing that he did today. Public Works Manager Shane Kiesow stated he did not.He met with him earlier today to look REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 23 OF 30 at some of the aspects and construction drawings.Councilmember Severs had some pointed questions and advice on things to ask the contractor. Councilmember Severs asked if he had a picture of the outside of the building at all. Public Works Manager Shane Kiesow stated he did. Councilmember Severs asled Mr. Kiesow to draw in the lines that had been on the other picture.He stated they have to cover at least 75% of the building with secondary materials.He had done some buildings where the front was covered about three-quarters with stucco to create mountains.They could fill it in so that most of the building is covered with a different material to save on some money.They could even make it look even more like the mountain.They could get more coverage for the same amount of money and then paint the lower area, which is the mountains, maybe 3 or 4 shades darker than the top area.It would add an aesthetic view to it. Councilmember Barker commented she liked it.It is a very nice idea if it is workable. Mayor Insalaco agreed. Public Works Manager Shane Kiesow stated he is not a contractor that has done this before. He thought with the cutting and finessing, it might be a little bit more finesse. Councilmember Severs stated that part is Styrofoam.It is a matter of putting a piece of Styrofoam in the indentation and then a second layer over the top of it, cut out what you want and stucco it.It does give it a really nice look.They could wrap it around the two ends of the building and continue the look of the Superstitions. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 24 OF 30 Mayor Insalaco commented you see this on new homes.They put the figure of a cactus or a roadrunner or something.He has one of a horse on his home and it is just a piece of Styrofoam with stucco. Councilmember Barker asked if it would be workable if they say 75% for the direction staff and that staff would know that the council is leaning towards this motif.She asked if they would have to be very specific. Vice Mayor Eck commented if they say 75%, the mountains might be above the windows. Public Works Manager Shane Kiesow stated they might have to wrap the design around the backside so that it is continuous around the building to make sure they have the 75%. Councilmember Severs commented he would say 75% of the 3 sides because no one sees the back.It would be a waste of expense. Councilmember Dietz commented the ordinance says 75% of the building. Public Works Manager Shane Kiesow stated he would have to look at the ordinance to see if it is 75% of the building. City Attorney Joel Stern stated he believes it is.75% of each side. Vice Mayor Eck commented it is 75% of the complete building.The city is making an effort as it is not.in industrial. City Attorney Joel Stern stated there is an argument as to whether it even applies. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 25 OF 30 Vice Mayor Eck commented they are making a good faith effort. Mayor Insalaco asked if they could just stucco all the sides and just do the back without the sculpturing. Vice Mayor Eck commented there is no reason to. City Attorney Joel Stern commented there is .a question as to whether that ordinance even applies to this particular property. Vice Mayor Eck commented they might not even have to do 75% if it looks good at 60%.That 60% may look great. Councilmember Dietz commented they want to set an example. Vice Mayor Eck commented they would go with this western flavor of stucco, whatever the percentage might be. Councilmember Dietz commented they can just do. the front and two sides. Mayor Insalaco stated it would keep them in line with their heritage with the mountains and everything else.He liked it. Councilmember Dietz commented it would also help insulate the building. Councilmember Barker commented that would help with the air conditioning. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 RAGE 26 OF 30 Councilmember Severs asked Mr. Kiesow if the contractor was willing to consider some of these changes in the price. Public Works Manager Shane Kiesow stated they were.He had talked to him previously about the architectural item line that he thought was excessive.He thought there was room for savings there and the councilmember had made some good suggestions today.He was going to bounce those questions off him to see if there are some other possible savings.When he did the investigation, the price of the stucco was close to $20,000.They will have to get some savings somewhere. Councilmember Severs commented they could possibly get the stucco down to $10,000 by doing it this way.When he went through the blueprints today and saw some of the line items, there is $4,850 for a drinking fountain.He asked why.They have two drinking fountains out there already and they are the kind that has the cup to put water in.He does not think they need to spend money on a drinking fountain.He noticed some other things.The electrical is listed at $47,000; he called up an electrician and explained the scope of work and he said he could do it for $20,000.There are some huge differences here.If he is willing to work on some of those things, then they could get the price down to more than cover the stucco. Public Works Manager Shane Kiesow agreed.He thinks there is room and he believes he told them last night that this contract is a gross maximum price, meaning they would not exceed that price.A lot of line items will come under that.It is likely they will not spend that full amount.He also has a margin of contingency in there; there should be no change order requests.He does not think he will need the contingency.He believes they can fit the stucco into the project. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 27 OF 30 Councilmember Severs MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CONSTRUCTION ALTERNATIVES FOR THE ANIMAL CONTROL BUILDING:THAT WE MOVE FORWARD WITH THE BID THAT WE HAVE, LOOKING AT SOME OPTIONS ON THE STUCCO OF THE FRONT AND TWO SIDES OF THE BUILDING; AND ANYTHING WE CAN DO TO GET THESE PRICES DOWN TO ABSORB AS MUCH WORK AS WE CAN FOR THE SAME AMOUNT OF MONEY. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JULY 16, 2007, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JULY 17, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Insalaco adjourned the meeting at 8:25 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 28 OF 30 2. Acceptance of Minutes of Special Meeting of June 4, 2007. 3. Approval of Award of Bid to Mesa Materials for Paving Materials. 4. Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2006-2007 Fiscal Year. 5. Request for approval of license agreement with Presynct Technologies, Inc. in an amount not to exceed $75,000. 6. Ratification of expenditures in the amount of $126,720.39 for various computer -related equipment to Dell Marketing L.P. 7. Ratification of expenditures to GBI and Associates in an amount not to exceed $35,000. ACCEPTED THIS 17TH DAY OF JULY, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JULY, 2007. N S. IN ALACO Mayor KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 PAGE 29 OF 30 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 3rd day of July, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of July, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE _CITY COUNCIL JULY 3, 2007 PAGE 30 OF 30