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HomeMy WebLinkAbout2006-07-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 18, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 18, 2006, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Eck called the meeting to order at 7:04 p.m. INVOCATION Councilmember Sippel gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: (Mayor Coleman was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Parks & Recreation Director Jeff Bell Library Director Pam Loui REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 1 OF 22 Others Present: Finance Director Keith Lewis Public Works Director Doug Dobson Business Advocate Amy Malloy Asst. to the City Manager Janine Solley CDBG Admin. Assistant Melinda Larson Senior Planner Rudy Esquivias Public Works Manager Shane Kiesow Rec. Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OFFICE OF MANUFACTURED HOUSING WITHIN THE STATE OF ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY TO ENFORCE MANUFACTURED HOME, FACTORY -BUILT BUILDING AND MOBILE HOME INSTALLATION STANDARDS BE APPROVED; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT; AND THAT THE FIRST AMENDMENT TO THE 2002 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT REGARDING THE PURCHASE AND MAINTENANCE OF TRAFFIC CALMING DEVICES FOR SCHOOL ZONES IN AN AMOUNT NOT TO EXCEED $20,905 BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENTS, RETROACTIVE TO JULY 1, 2006, FOR THE CITY MANAGER AND CITY ATTORNEY TO CONTINUE THROUGH JUNE 30, 2007, AND THE CITY MAGISTRATE TO CONTINUE THROUGH JUNE 30, 2008; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS; AND THAT THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BRECKENRIDGE,ET AL. TO REIMBURSE THE CITY $72,818.63 FOR VARIOUS ARCHITECTURAL AND ENGINEERING DEFICIENCIES WHICH WERE SUBSTANTIALLY CORRECTED AT CITY EXPENSE FOR THE MULTIGENERATIONAL CENTER BE APPROVED; AND REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 2 OF 22 THAT RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2005-2006 BE ACKNOWLEDGED; AND THAT THE AWARD OF BID FOR PW 2006-05, PAVING MATERIALS, BE AWARDED TO MESA MATERIALS, INC. IN THE AMOUNT OF $78.10 PER TON FOR 9.5 MM,5.6% AC SUPERPAVE, $77.10 PER TON FOR 12.5 MM, 5.1% AC SUPERPAVE, $76.03 PER TON FOR 19 MM, 4.8% AC SUPERPAVE, $76.03 PER TON FOR 19 MM, 5.0% AC SUPERPAVE, $92.54 PER TON FOR COLD MIX, AND $80 PER HOUR STANDBY TIME FOR DELIVERY TRUCKS AT JOB SITE AFTER 20 MINUTES, BE APPROVED; AND THAT APPROVAL BE GIVEN TO REJECT ALL BIDS FOR PW 2006-04, TIRES, AND PROCEED WITH RE -BID OF THIS ITEM; AND THAT THE AWARD OF BID FOR PW 2006-03, FUEL, BE AWARDED TO SUPREME OIL COMPANY IN THE AMOUNT OF $2.4131 PER GALLON FOR DIESEL AND $2.5593 PER GALLON FOR UNLEADED; AND THAT APPROVAL BE GIVEN FOR THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MESA SENIOR SERVICES FOR ADMINISTRATION OF THE TRIAD PROGRAM, ADDING A NEIGHBORHOOD ASSISTANCE PROGRAM FOR THE ELDERLY AND DISABLED AT AN ANNUAL COST OF $20,473, BRINGING THE TOTAL FOR ALL SERVICES TO $30,473 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT; AND THAT RESOLUTION NO. 06-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS COMPENSATION INSURANCE PREMIUM AND COMPENSATION BENEFITS FOR POLICE DEPARTMENT VOLUNTEERS, BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 3 OF 22 AWARDS, PRESENTATIONS AND COMMUNICATIONS City Manager George Hoffman gave a short presentation honoring Public Works Director Doug Dobson for 25 years of service to the city and community.He was presented with a shadow box containing miniatures of some of the things special in his life and a certificate for 40 hours of vacation. CALL TO THE PUBLIC Mrs. Sandie Smith, Pinal County Supervisor, 575 N. Idaho, Apache Junction, addressed the council to provide an anecdote she had with Public Works Director Doug Dobson regarding putting Christmas lights up in the median one year.She then introduced Rudy Georgini who is running for Division 3 Superior Court Judge.She added it is a pleasure to work with them and their staff. Mr. Rudy Georgini, 1567 N. Casa Bella Court, Casa Grande, addressed the council.He advised he is a Pinal County Superior Court Judge Pro Tern and briefed the audience on his qualifications for the elected position. Mr. Scott Taylor, 657 E. Linda, Apache Junction, addressed the council regarding an art festival planned with the Main Street organization.He owns DSD Creative, a creative arts firm here on Superstition Boulevard in Apache Junction.He asked for the city's support for an art festival that he is promoting with the Main Street organization.The show is tentatively called the AGR Show of the East Valley.They are working with parks and recreation to set up the show, and have spoken to the city attorney and city staff to go through the proper channels to get everything licensed.It is more than an art show.It will be on the grounds here to showcase the city's wonderful architecture and tout the awards that have been won for the buildings.It will feature up to 100 artists as well as performing artists on stage and a food court.It is an art festival they are trying to get a large amount of people to. They want to make this a destination, similar to Mill Avenue in Tempe.They will showcase local artists in the area as well as REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 4 OF 22 national artists and performers, along with the city.They hope to establish a semi-annual cultural affair on the city grounds that can grow with the city as a destination event to draw large volumes of attendees.It will be exhibiting top quality art work.All vendors will be required to have the pertinent state and city licensing.The city will gain tax revenue as well as promotional exposure.They will advertise the show in the mass media.They have a team of three from the local area that are putting this together.He is asking for their support; their final plans will be submitted early next week and they will have it on one of their work session agendas.It is not a little art show; they want to establish something in the community, especially in the northern part of the city, so they can have something established before the southern part of the city grows. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Sippel commented the Fourth of July show was again spectacular.It was another good job by parks and recreation. Vice Mayor Eck commented he did not want to go as he was not feeling well and did not want to deal with the traffic.He understands this year's traffic was probably the best ever.He was able to see the fireworks from his house. CITY MANAGER'S REPORT City Manager George Hoffman commented the Pinal County Board of Supervisors have put out a document entitled "Explaining the Pandemic Influenza".It sets forth in straightforward, clear language questions and answers about the flu, including what it is, the symptoms, how it gets spread, what a pandemic is, recent pandemics, and the bird flu issue.It gives a business pandemic influence planning checklist, a family emergency health information sheet, a flu planning checklist for individuals and families, and an emergency contacts form.It is a practical, productive document that everyone ought to read.They will be available at the library, public safety, animal control, multigen center, water district, public works and development services.There will be a link to the federal website on our REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 5 OF 22 city website.The city is joining the county and state in planning for this event.. PUBLIC HEARINGS APPLICATION FOR INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO. SERIES 9 LIQUOR LICENSE FOR CVS PHARMACY #9315/APPLICATION FOR INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO. SERIES 9 LIQUOR LICENSE FOR CVS PHARMACY #9293 )City Clerk Kathleen Connelly briefed the council on the items.She stated these applications are on their agenda tonight because Osco was purchased by CVS Pharmacy.Under state law, the new applicant has to come before the council to get the license approved. There have been no objections to re -approving the licenses.A representative of CVS has been invited to attend the meeting should there be any questions. Vice Mayor Eck requested the applicant address the council. Ms. Jennifer Whitman, law firm of Whitney, Anderson and Morris, addressed the council representing CVS Pharmacy.She advised she was there for any questions and she had nothing to add.There were no questions. Vice Mayor Eck opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and called for a motion on both items. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 9 LIQUOR LICENSE SUBMITTED BY JASON BARCLAY MORRIS FOR CVS PHARMACY #9315 BE RECOMMENDED FOR REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 6 OF 22 APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 9 LIQUOR LICENSE SUBMITTED BY JASON BARCLAY MORRIS FOR CVS PHARMACY #9293 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck commented he adores CVS Pharmacy and he is glad to see them coming to the community. APPLICATION FOR INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 7 LIQUOR LICENSE FOR GOLDEN WEST FAMILY RESTAURANT/APPLICATION FOR INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 12 LIQUOR LICENSE FOR GOLDEN WEST FAMILY RESTAURANT )City Clerk Kathleen Connelly briefed the council on the items.She stated these licenses are both in the same location and they have two forms of liquor service there.There are no objections to a REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 7 OF 22 recommendation for approval.The applicant has been asked to be present tonight in the event of questions. Vice Mayor Eck asked what the Series 12 license is. City Clerk Kathleen Connelly stated one is for beer and wine and the other is for liquor. Vice Mayor Eck requested the applicant address the council. Ms. Laura Mendoza, 1408 W. Apache Trail, addressed the council.She stated they are happy to be here. Vice Mayor Eck opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and called for a motion. Councilmember Insalaco MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 7 LIQUOR LICENSE SUBMITTED BY HORACIO M. MENDOZA FOR GOLDEN WEST RESTAURANT BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 12 LIQUOR LICENSE SUBMITTED BY HORACIO M. MENDOZA BE RECOMMNEDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 8 OF 22 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-33, CASE SD -1-05, PRELIMINARY PLAT REQUEST FOR TERRA MORADO SUBDIVISION BY WAYNE BARKER ) )Senior Planner Rudy Esquivias briefed the council on the item.He stated he had some updated site plans for them this evening based on comments that were made at the last work session.This is a plus or minus 5 acre property located at the southeast corner of San Marcos and Broadway.The property recently went through a rezoning changing it from C-3/PD, a commercial zoning, to CR- 3/PD, conventional single family homes by planned development. The applicants are planning a 16 -lot subdivision.All of the lots are very near 7,000 sq.ft. in size; there are only 2 lots that fall under 7,000 sq.ft.He showed an overhead of the original concept plan in the rezoning proposal.The revised subdivision maps they received this evening.They reflect the conceptual plan very closely.One of the councilmembers asked about the placement of street lights at the work session.The development services engineer has advised that street lights are only required every 180 to 200 sq.ft.He provided Mr. Allen, the applicant's engineer, with a red line diagram showing where the street lights needed to be placed.The drawing he handed out this evening shows their required location on Broadway, San Marcos and interior to the development.The development will contain dedicated public streets built to city standard.They will do improvements along Broadway, San Marcos and in the interior.The planning and zoning commission recommends approval. Councilmember Dietz asked if they would have their own street light district and will they give the residents the option of doing equal shares rather than doing it on assessed valuation of the property. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 9 OF 22 Senior Planner Rudy Esquivias stated he believed the developer was responsible for street lights.He believes there is a fee that is paid to Salt River Project and then the light is done at the time of the other public improvements. Councilmember Dietz commented there are two different ways to go with a street light district. It can be assessed on your property taxes based on the valuation or you can have it divided equally within the amount of houses so that everyone is paying an equal share, instead of someone paying for a $280,000 valuation while someone else pays for $150,000 valuation.He asked if it is something that the city does when they create the lighting district. Senior Planner Rudy Esquivias commented he thought the city was not doing lighting districts any more.He state they will look into those details when they do the final plat. Councilmember Dietz asked if the city would be paying for the electricity for 9 street lights. Senior Planner Rudy Esquivias stated he would have to find out about that.He would bring the information back to them at the time of final plat improvements. That is normally when those types of details are addressed. Councilmember Dietz commented that if it is going to be a lighting district, he would rather see it divided equally among the 16 lots.It is a much more fair approach than with property valuation. Vice Mayor Eck commented he would like to know if the city does pay on them because he does not think it does.The homeowners are responsible for the lighting. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 10 OF 22 Assistant City Manager Bryant Powell stated it is set up that the homeowners pay for the electricity. Vice Mayor Eck commented that the question is how it will be determined. Assistant City Manager Bryant Powell stated that is correct.They need to determine the format. Councilmember Dietz reiterated that it should be done equally as that is the most fair way to do it.That is the reason they had it changed. Vice Mayor Eck commented he has looked at both plats and he cannot see any changes. Senior Planner Rudy Esquivias stated other than the addition of the street lights, he does not believe there are any other changes.There were a couple of notes on adjacent zoning districts which have also been corrected. Vice Mayor Eck asked if that is a fire hydrant down on the south side. Senior Planner Rudy Esquivias stated it is and there should be a couple of others as well. Vice Mayor Eck commented he is sure it is appropriate. Senior Planner Rudy Esquivias stated it has been reviewed by fire and engineering and it will get into more detailed reviews for drainage and improvements during the final plat review. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 11 OF 22 Vice Mayor Eck commented he is sure it is appropriate but the last time they discussed this it was not.He asked if it is now. Senior Planner Rudy Esquivias stated it is. Vice Mayor Eck requested the applicant address the council. Mr. Wayne Barker, 6275 E. 22nd Avenue, Apache Junction, addressed the council.He commented Rudy did a fabulous job explaining everything to them. Anything that comes up now will be addressed on the final plat. Vice Mayor Eck commented it looks like a real good project and sometimes they ask what seem like tedious questions.It is just all in the process. Mr. Wayne Barker stated the lighting district is new to him.He will go over that with Rudy and Sam. Vice Mayor Eck commented he could find out the information on that.He believes that what they have is minimal.It looks like a nice project.He opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Sippel MOVED THAT RESOLUTION NO. 06-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "TERRA MORADO" SUBDIVISION, IN CASE SD -1-06, BY WAYNE BARKER, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 12 OF 22 VOTE:Unanimous. The motion carried. ORDINANCE NO. 1272, CASE PZ-5-06, REZONING REQUEST FROM CR-5/PD BY CINCO VIEJOS, LLC, REPRESENTED BY JAN MITELSTAEDT 1 Senior Planner Rudy Esquivias briefed the council on the item.He stated he had some additional attachments this evening.It is a slightly revised ordinance; the draft ordinance is in their packets.The only substantive change, which is minor, is to condition number seven which previously stated there was a bar in the neighborhood.It now specifically states that the bar is located at 945 E. Scenic Street.That is the only change.This is a development proposal for a 2.5 acre property located at the northeast corner of Scenic and Royal Palm.It has been zoned CR-5 for a number of years.It was developed for a long time with a neighborhood nuisance.It was a building that had basically deteriorated a long time ago.It was an old army barracks at one time.He described the surrounding zoning.The property owners have demolished the buildings and cleaned up the corner.They are proposing to maintain their base zoning district of CR-5, which normally allows apartments at a density of one dwelling unit for every 2,000 sq.ft. of lot area, which would allow approximately 47 apartments under the zoning outright.Instead the applicants are proposing a townhome development of 25 units.They are two story units.Concept elevations were included with the drawings.The basic layout will have considerable landscape buffers all around the property.There will be a central area for resident amenities, including a swimming pool and picnic areas.The surrounding landscaping will be xeriscape landscaping.The zoning ordinance does not contain a good chapter in it to address townhomes and condominiums, therefore staff requested the applicant to go through the planned development process.In all other respects they are in compliance with the CR-S zoning.There will be 8' buffer walls along the north and east property lines to provide buffering from the single family uses.They will be responsible REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 13 OF 22 for developing their portions of the streets, including their part of Scenic, Royal Palm and the internal streets and driveways.Two comments were made at the work session two weeks ago.It was suggested an additional dumpster be provided in another location and the applicant is agreeable.It will be processed in the final plat.The city manager advised of some discrepancy in their narrative with a dwelling unit described as being 1,100 sq.ft. yet in another area it states 1,300 sq.ft. The applicant has advised the living unit is about 1,200 sq.ft. with an additional patio area on the first floor which adds about an additional 200 sq.ft. to the unit.They are two story units with zero lot lines and a lot of common area for the residents.The planning and zoning commission has recommended approval of the rezoning and is in favor of the preliminary plat and the suggested conditions of approval which are some of the boilerplate conditions.Condition number three may need to be modified as it states future townhomes shall be no smaller than 1,300 sq.ft.; they are closer to 1,200 sq.ft.The property owners shall disclose prior to any sale that there is a bar located at 945 E. Scenic and that there are neighboring horse properties.Neighbors wanted this disclosure so there would be no confusion over some of the existing uses. Councilmember Waldron commented he wanted to make is clear in his mind that the patio would not be considered livable if they change the future square footage to 1,200 sq.ft. in condition number three. Senior Planner Rudy Esquivias stated that is correct. Councilmember Severs asked if they would have balconies on the second floor or if the dotted sections on the floor plans were just windows. Senior Planner Rudy Esquivias stated he believed they are just part of the window structure. It is not something one could step out onto. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 14 OF 22 Councilmember Dietz commented it is a beautiful concept.He thinks it will be great compared to what was there. Vice Mayor Eck commented he liked condition number seven being added in as far as disclosing that information to prospective buyers so they are aware of what is in the area, especially the horse properties, as that is the biggest area of livestock property the city has.It is a great project and it is nice that they are aware of it.It is a great idea.He thinks 1,200 sq.ft. of livable in a condominium is a good size.He is sure there is probably something in Ordinance No. 940 that will protect the dumpster from view. Senior Planner Rudy Esquivias stated the landscaping and screening codes do require masonry walls to screen dumpsters. Councilmember Insalaco asked if the patio faces to the interior or does it face the streets. Senior Planner Rudy Esquivias stated the patios face the streets according to the site plan. Vice Mayor Eck requested the applicant address the council. Mr. Tim Hughes, 37201 N. Lazy Brew, Carefree, one of the owners, addressed the council.He stated he had nothing to add and was there to answer any questions. Councilmember Waldron commented it is a great project in this area.It takes courage to build this type of project up here and he appreciates it. Mr. Tim Hughes stated he thinks it will be a nice addition. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 RAGE 15 OF 22 Councilmember Waldron commented he thinks it will be the start of a lot of good things up there. Mr. Tim Hughes agreed. Councilmember Severs commented he loved the design and thinks it is great.He asked if they had considered making the upstairs windows into balconies. Mr. Tim Hughes stated they had talked about it but Jan Mitelstaedt thought it would be better for them not to do that at this point.They will be deeply recessed to offer shade if they are exposed to the west side.They will try to arrange them so that there are views. He added these are individually -owned lots.It is not a condominium; they will be owned. Councilmember Sippel asked if the owner of the house will own the land underneath it. Mr. Tim Hughes stated that is correct. Councilmember Sippel commented that is a good concept. Vice Mayor Eck commented it is a very nice project and he thinks the people will definitely enjoy the view.He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1272 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 16 OF 22 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1272, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE CONDITION FOR APPROVAL NUMBER THREE, THE 1,300 SQUARE FEET BE STRICKEN AND CHANGED TO 1,200 SQUARE FEET LIVABLE. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck called for a ten minute break. Vice Mayor Eck reconvened the meeting. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 06-29, AUTHORIZING INTERGOVERMENTAL AGREEMENT WITH PINAL COUNTY CONCERNING SHARED COSTS FOR RECONSTRUCTION AND REDESIGN OF 2.2 MILES OF IRONWOOD REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 17 OF 22 DRIVE FROM U.S.60 TO ELLIOTT ROAD ) )City Manager George Hoffman briefed the council on the item.This is for the development of 2.2 miles of Ironwood within the city limits. The cost to the city would be $534,285.70 annually for 20 years with payments commencing in January 2015.The improvements include a 4 -lane parkway with median, curb, gutter, sidewalk, street lights, drainage facilities and a traffic signal at 36th Avenue and Ironwood and other related improvements.This item was presented to the council several weeks ago and he feels the county has worked very hard to make it possible for the city to do this.The city in turn is being a good partner in the development of a regional transportation corridor.He hopes the public will view this as an outstanding example of intergovernmental coordination and cooperation.Pinal County Supervisor Sandie Smith and Pinal County Manager Terry Doolittle are in attendance if there are any questions. The council consensus was they were glad it was finally happening. Vice Mayor Eck commented he appreciates everyone's efforts on the issue.It has been a lot of work but it is a great project.He closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY CONCERNING SHARED COSTS FOR THE RECONSTRUCTION AND PRE -DESIGN OF IRONWOOD DRIVE WITHIN THE CITY LIMITS OF APACHE JUNCTION BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 18 OF 22 INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY CONCERNING SHARED COSTS FOR THE RECONSTRUCTION AND REDESIGN OF IRONWOOD DRIVE WITHIN THE CITY LIMITS )City Manager George Hoffman stated this is the intergovernmental agreement that allows them to implement the reconstruction of Ironwood. Councilmember Sippel asked if the amount would ever increase._ He wanted to make sure it is set in stone and there would be no 10% contingency. City Manager George Hoffman stated that is correct. Vice Mayor Eck commented he feels they will be able to look back years from now and feel they did a pretty good deal.He then closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR SHARED COSTS FOR THE RECONSTRUCTION AND REDESIGN OF IRONWOOD DRIVE WITHIN THE CITY LIMITS OF APACHE JUNCTION IN THE AMOUNT OF $534,285.70 ANNUALLY FOR TWENTY YEARS, SUCH PAYMENT COMMENCING ON JANUARY 1, 2015, IMPROVEMENTS INCLUDE A FOUR LANE PARKWAY WITH A MEDIAN, CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, DRAINAGE FACILITIES, A TRAFFIC SIGNAL AT 36TH AVENUE AND IRONWOOD DRIVE, AND OTHER RELATED IMPROVEMENTS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 19 OF 22 COUNCIL DIRECTION TO STAFF REVISION OF THE PERSONNEL RULES )Human Resources Director Liz Riley briefed the council on the item. Councilmember Severs commented she had mentioned last night that relatives could work in the same department.He asked if they could work in other departments. Human Resources Director Liz Riley asked if meant where one person would work in human resources and another in development services. Councilmember Severs stated that is correct. Human Resources Director Liz Riley stated that is silent.It is not restricted. Councilmember Severs commented he thought it was restricted under the current rules. Human Resources Director Liz Riley stated it is restricted under the same department, and that will continue to be so, unless it is a seasonal, part-time, temporary, intermittent, or limited position.That is the proposed change. Vice Mayor Eck closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING REVISION TO THE CITY OF APACHE JUNCTION PERSONNEL RULES:THAT THEY GO IN LINE IN ACCORDANCE WITH LIZ'S PRESENTATION LAST NIGHT. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 20 OF 22 Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz announced that the mayor had cancelled the July 31 and August 1, 2006 work session and regular meeting.He then MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 14, 2006, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, AUGUST 15, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Vice Mayor Eck adjourned the meeting at 8:30 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of June 19, 2006. 3. Acceptance of Minutes of Regular Meeting of June 20, 2006. 4. Consideration of approval of Intergovernmental Agreement between the City of Apache Junction and Office of Manufactured Housing within the State of Arizona Department of Building and REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 21 OF 22 Fire Safety to enforce manufactured home, factory -built building and mobile home installation standards. 5. Consideration of approval of First Amendment to the 2002 Intergovernmental Agreement between the City of Apache Junction and the Apache Junction Unified School District regarding the purchase and maintenance of traffic calming devices for school zones in an amount not to exceed $16,200. 6. Consideration and action on Employment Agreements for City Magistrate, City Attorney and City Manager. 7. Settlement agreement with Breckenridge, et al. to reimburse the City $72,818.63 for various architectural and engineering deficiencies which were subsequently corrected at City expense for the Multigenerational Center. 8. Acknowledge receipt of Annual Report of the Apache Junction Public Library Board of Trustees for 2005-2006 fiscal year. 9. Award of Bid for PW 2006-05, Paving Materials, to Mesa Materials, Inc. 10.Approval to reject all bids for PW 2006-04, Tires, and request to re -bid this item. 11.Award of Bid for PW 2006-03, Fuel, to Supreme Oil Company. 12.Consideration of approval of First Amendment to Mesa Senior Services Agreement for administration of Triad Program, adding a neighborhood program for the elderly and disabled.The annual cost of this program is $20,473.The general services portion is currently $10,000 per year, bringing the total for all services to $30,473 annually.These services will be provided through June 30, 2010, subject to annual budget approval and appropriation by Council. 13.Consideration of approval of proposed Resolution No. 06-30, establishing a salary equivalent for purpose of computing REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 22 OF 22 workers compensation for Police Department volunteers should they become injured on the job. ACCEPTED THIS 15TH DAY OF AUGUST , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH 2006. ATTEST: KATHLEEN CONNELLY City Clerk DAY OF AUGUST DOUGLAS/COLEMAN Mayor 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 18th day of July, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of August, 2006. REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 23 OF 22 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 18, 2006 PAGE 24 OF 22