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HomeMy WebLinkAbout2005-04-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 19,2005 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on April 19,2005,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Marine Corps 1st Lt.Rob Schuford and Marine Corps 1st Lt. Eric Martinsdale led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present: Others Present: City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Public Works Director Doug Dobson Assistant to the City Manager Amy Malloy Grants Specialist Roger Hacker Assistant Planner Noel Griemsmann Senior Planner Rudy Esquivias Associate Planner Steve Abraham Management Assistant Janine Solley REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 1 OF 24 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT WE TAKE ITEM NUMBER 3 OFF THE CONSENT AGENDA AND PUT IT DIRECTLY FOLLOWING THE CALL TO THE PUBLIC;AND THAT WE TAKE THE CITY MANAGER'S REPORT AND PUT IT DIRECTLY AFTER AWARDS,PRESENTATIONS,AND COMMUNICATIONS;AND THAT THE AWARD OF BID FOR PROJECT PUBLIC WORKS 2005-03,PAVING MATERIALS,BE AWARDED TO MESA MATERIALS,INC.IN THE AMOUNT OF $36.80 PER TON FOR 9.5 MM,5.6%AC SUPERPAVE,$35.72 PER TON FOR 12.5 MM,5.1%AC SUPERPAVE,$35.72 PER TON FOR 19 MM,4.8%AC SUPERPAVE,$35.72 PER TON FOR 19 MM,5.0%AC EVAC,$55.32 PER TON FOR COLD MIX,AND $70.00 PER HOUR STANDBY TIME FOR DELIVERY TRUCKS AT JOBSITE AFTER 20 MINUTES;AND THAT ROBIN BARKER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2007. Councilmember Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly asked i f the minutes of April 5,2005,were included in the motion. Vice Mayor Eck amended the motion to read THAT WE ACCEPT THE MINUTES OF THE REGULAR MEETING OF APRIL 5,2005. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating May 15-21,2005,as National Public Works Week and presented the proclamation to Public Works Director Doug Dobson. Interim Chief of Police Terry McDonald presented Distinguished Service Awards to members of the fire district,Southwest Ambulance,and the police department for exceptional performance in rescuing injured citizens and handling the investigation of the helicopter crash in the city on December 14,2004.The following individuals were recognized:Apache Junction Fire District Captain Paramedic Jeff Cranmer;Apache Junction Fire REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 2 OF 24 District Firefighter/Paramedic John Williamson;Apache Junction Fire District Firefighter Ryan Kellogg;Apache Junction Fire District Firefighter Jim Swann;Southwest Ambulance employee Susan Kaddis;Southwest Ambulance employee Brett Wilkie; Southwest Ambulance employee Jim Tusche;Southwest Ambulance employee Walter Brown;Apache Junction Police Department Dispatcher Trina Ish;Apache Junction Police Department Dispatcher Lori Johnson;Apache Junction Police Department Sergeant Dan Schultz;Apache Junction Police Department Officer Steve Martin;Apache Junction Police Department Officer Paul Newman;Apache Junction Police Department Officer Adam Short; Apache Junction Police Department Officer Kent Fowler;Apache Junction Police Department Officer Ron Paul;Apache Junction Police Department Officer Chad Suniga;Apache Junction Police Department Officer Eric Reimann;Apache Junction Police Department Officer Glen Durkin;and Apache Junction Police Department volunteer Joe Zepeda. CITY MANAGER'S REPORT City Manager George Hoffman deferred to Councilmember Waldron. Councilmember Waldron introduced Lt.Ron Schuford and his wife, Heather,and Lt.Eric Martinsdale and his wife,Arriane.He stated that Lt.Schuford is a public affairs officer with the 1st Marine Force Service Support Group out of Camp Pendleton.He returned in February from Iraq.Lt.Martinsdale i s a combat engineer with the 1st Combat Engineer Battalion,also from Camp Pendleton.He returned from Iraq in March.They are both scheduled to serve more time in Iraq.Their unit was adopted by the fourth grade class of Janet Waldron at Avalon Charter School. They have graciously visited the city and will be immediately returning to Camp Pendleton following the meeting. Lt.Rob Schuford commented the fourth grade class was the driving force behind this.They sent letters and care packages to the group.They also wanted to thank the city for its support, including taking them to a number of restaurants and having them stay at the Gold Canyon Resort.They have had a great reception. I t is nice to know there is still that kind of support out there for the military.He apologized for their short stay but they are due back at the base at 7:00 a.m.tomorrow morning.He then gave a video presentation created by some of his marines.They are in effect military reporters,taking their own pictures and videos.He warned everyone that there is combat footage in the video,and he hoped the video would touch them as much as i t touches him to watch it.I t was 15 minutes long,and they would follow i t up with a question/answer period.Earlier today they talked to fourth,seventh,and eighth graders at the school and answered their questions.He then showed the video.After the REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 3 OF 24 video he announced that his job is to tell the marine corps story through working with the civilian media,their own media,videos, newspapers,and interviews. Lt.Eric Martinsdale stated he was a combat engineer and basically,for seven months,his group was to go out and search for hidden arms caches. There was a general question/answer period with the audience. Some questions were on the differences in journalists,the agencies that are telling the most accurate stories as to what is happening in Iraq,i f AK -47s are authorized,the weapons used by the marines,and i f people know when i t is safe or not safe over there.Other questions and comments were unintelligible as the audience was too far away from the microphones to be heard. Lt.Rob Schuford presented Mayor Coleman with an "Iraqi Freedom" poster. CALL TO THE PUBLIC Ms.Evelyn Jordan,1094 W.15th Avenue,Apache Junction, addressed the council.She commented they moved from Tempe in 1998 to Apache Junction as they were bombarded by traffic.In their Apache Junction home they are being bombarded by pigeons twice a day at feeding time.The people living behind them feed the pigeons twice a day.They have counted as many as a hundred or more.Their roof is slowly getting ruined,and they have already ruined the paint job on their pickup truck.Their droppings will ruin their home i f something i s not done to stopit.Her sister lives in Rancho Mirage Mobile Home Park where people used to feed the pigeons.The park finally put a stop to people feeding the pigeons as the pigeons were gradually taking over the park.The pigeons then disappeared and the small birds returned. Ms.Louise Lupi,1030 W.14th Avenue,Apache Junction,addressed the council.She stated i t is not a matter of a small number of pigeons.There is a large number and i t is becoming a problem. Phoenix had the problem with roof rats a few years ago and i t took action with traps to get rid of them.Everyone is spraying for mosquitoes because of the West Nile Virus.She requested they do something about the pigeons as they are a disease carrier. Mr.Louis Babin,2191 S.Belair,Apache Junction,addressed the council regarding a newspaper article on the proposed hospital and how Ken Simpkins is working to make i t a reality.He endorsed the idea and thinks i t is great that the city is trying to find solutions to the problems that have been holding the REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 4 OF 24 project up.He has heard i t will now be a generalized emergency hospital instead of a specialized one.He agrees with that.He has heard that some people think i t i s too small,and suggested that i t be built in phases.A lot of city residents want the hospital,and i t will be okay to start small but i t needs to be made large enough for the population growth. Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction, addressed the council regarding the feeding of the pigeons.He has a petition signed by 78 Apache Junction residents.They were frequently thanked for doing something about this problem that no one wants to talk about or admit exists.He gave an original set of the petitions to city staff. Mayor Coleman asked i f the petitions had been made available to the feeders of the pigeons. Mr.Conrad Pisinski stated they can talk to them all they want, those people do not care.He commented he also has legal action going against them.He has to clean his yard at least an hour a day before they can go outside and do anything.He requested an ordinance against the feeding of pigeons within the city limits. He requested i t be on the agenda for the June 6 work session to be acted upon on June 7. Mr.Todd Turner,2021 S.LaResa Drive,representing Be Pirate Films,addressed the council to announce they will be filming a movie in Apache Junction.He thanked the city for welcoming them;they will be filming from May 3 to May 31. Mr.Gary Nine,280 S.Phelps Drive,Apache Junction,addressed the council.He was happy to host the marines that day at Los Gringos.He complimented the city on the new facility.He stated the Phelps Drive Project is a wonderful project.A lot of time and effort has been invested over the past 3 years.He was advised today that because of the inflated price of the bid that the project may be re -bid and done during the winter season.He has a friend that lost 40%of the gross sales at Applebee's at Alma School and Baseline during a construction project there.He has talked to his family,and the owners of Famous Sam's and Pizza Hut;they are respectfully requesting the city either build i t now or wait a year.Do not do i t during the winter.Their costs will be much greater than the benefit i f the construction is not restricted to the summer months.I t i s the council's decision on what is the right price for the project.He again stated that whatever is done,that they build i t in the summer. Ms.Mary Richards,675 N.Gold Drive #2,Apache Junction, addressed the council regarding the new ordinances that are being proposed for neighborhood preservation.She stated i f these are REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 5 OF 24 adopted,i t will cause undue hardship on the disabled,the elderly,and the low income residents,especially i f i t is an immediate time frame.There are a lot of people who will not be able to do it.I t may become necessary for some of them to seek city assistance in the monetary area.She could not replace her current fencing with any of the new fencing.She could paint i t as i t i s metal to make i t look nice.She would not be up to code i f she did not replace it.She stated she would put her other concerns on paper and get them to staff. Ms.Anne Marie Surra,1150 E.Estevan,Apache Junction,addressed the council to thank them for pulling item no.3 off the consent agenda.She has some grave concerns over the cost of the project.Mr.Nine has requested they not do the project during peak restaurant time.She knows the project has already been delayed once for that reason.She encouraged them to get other bids as she does not believe i t would be fiscally responsible to take the only bid when i t is so far from the estimated costs. Usually staff estimates are close to what should be on the proposed bid.I f the scope has changed drastically to add $200,000 to $300,000,then the public has the right to hear what those changes have been.The funds being used to pay for this project are needed in places throughout the city.She would not like to see a delay,but she does not think they should go with one very inflated bid.I t is not fiscally responsible. Mr.Joe Severs,1184 N.Starr,Apache Junction,addressed the council regarding the Phelps Drive project.He believes that one bid may not be the smartest move at this time.He heard 15 plans were sent out and only one was returned;he believes the reason is that the economy for contractors is incredible.Contractors are hungry in July and August as contracts go down.No one likes to work in the summer.He believes he could get 5 bids within a week;i t is a matter of who you talk to and i f they want the job or not.They have no basis for comparison with the one bid;i t i s difficult for him to understand to accept that bid.He suggested they call 5 different electricians and 5 different landscapers to get an estimate so that they have a basis for comparison.He also suggested getting additional bids and locking in the price for i t to be built next May.They could add in an additional 3%to 4%for prices going up between this May and next May. Mr.Ed Braunger,representing the Main Street board,commented the new facility is a quality project and a great addition to the city.He also addressed the Phelps Drive project.He believes the Main Street board started on this 4 years ago;he would like to see something concrete come out of it.They were trying to complete this project 2 years ago but i t was slowed down by other issues,such as last year when the businesses requested i t be REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 6 OF 24 done in the summer.I t is frustrating that i t might have to wait another year.He would like to,i f possible,get some more bids and have i t completed this summer. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. Vice Mayor Eck directed staff to research what the city could do about the pigeon problem.He also directed the city attorney to see i f there is a solution at the city level. Mayor Coleman suggested seeing the ordinances that other neighboring communities might have. CONSENT AGENDA AWARD OF BID FOR PROJECT PW-2005-02, CONSTRUCTION OF CONCRETE,ASPHALT, AGGREGATE BASE COURSE AND RELATED IMPROVEMENTS WITH ADDITIVE ALTERNATIVE ON PHELPS DRIVE AT APACHE TRAIL ) )City Engineer Ron Grittman briefed the council on the item.He stated this project has been ongoing for a number of years.Staff went out to bid with the plans developed by Kirkham Michael.The plans were actively reviewed and developed with the cooperation of the Main Street Program.Fifteen companies requested bids;only one bid was received.I t was from CS&W.They checked the references and bonds and they came back with good references.The bond is of high quality.However,the bid is significantly over the engineer's estimate.Adding the normal contingency amount,the cost would be $749,305.90;the engineer's estimate was $467,434.00. Mayor Coleman asked i f that included the 10%contingency. City Engineer Ron Grittman stated i t did not,and i t did not include the $10,000 for undergrounding the electrical.Without those,CS&W's price was $671,187.18.I t is approximately $130,000 over the engineer's estimate.One option i s to reject the bids and go out for re -bid with the plans they currently have.The earliest they could be back to the council with the bid would be June 7,2005.The construction time frame would be late June to early July. City Manager George Hoffman asked what assumptions are underlying that date. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 7 OF 24 City Clerk Kathleen Connelly stated they need time to rework the bid documents,the statutory requirement for publishing the notices,the time required for the bidders to respond,and the time to get i t on a council agenda, whether i t be a special or a regular meeting. City Manager George Hoffman asked what bid reworking would need to be done. City Engineer Ron Grittman stated they need to have the plan recopied,they must send i t back out to the plan holders,the plan houses,in order to get copies of all the documents together. City Manager George Hoffman asked i f they were re -engineering the bid documents. City Engineer Ron Grittman stated they are not.They would be putting the existing plans back out on the street to be re -bid. Councilmember Dietz asked how long that would take. City Engineer Ron Grittman stated the earliest i t would come back to council i s June 7. Councilmember Dietz asked how long i t would take for him to put the packets together. City Engineer Ron Grittman stated i t takes 3 to 4 days for the process of sending i t out to the copying companies to get into their queues so that they get the plans back in time. City Manager George Hoffman stated i t has been suggested that they take these back out and give them 5 days to respond.He asked i f they have some statutory advertising requirements on this. City Clerk Kathleen Connelly stated i t has to be advertised four consecutive days in a daily paper. City Attorney Joel Stern stated they need to have time to respond in a reasonable amount of time for this size bid.That time period is up to the engineer.He thought coming back in June would be too soon;he believes 2 months is more plausible. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 8 OF 24 City Engineer Ron Grittman stated getting i t back by June would be the fast track.A normal time frame from time of bid to where i t comes to the council for award and to when the contractor begins,i t generally takes two- and -a -half to three months.Another option they have is to reject the bid and go out and try to get other prices,which is called shopping the contractors'price.They are strictly forbidden from doing that by state law.They can reject all bids,go back out even at the June 7 date and the price comes in at $700,000,they cannot go back to the original contractor to see i f they could do i t for that price now. City Attorney Joel Stern agreed with the city engineer i f the council wants to reject all bids tonight.Title 34 has strict guidelines and rules;i f they are violated the attorney general could get involved and they could have consent orders for the next 10 years on all contracts. I t is not worth it. Councilmember Dietz asked how far i t would put them back i f they did the fast track for June and his estimate on the time frame for completion of the project. City Engineer Ron Grittman stated he estimates 5 months from start to finish,putting i t into late November or early December. Councilmember Sippel asked i f they could do parts of i t piecemeal. City Engineer Ron Grittman stated the only thing that public works can do in-house is the actual paving.Based on the bid tonight,quoted from the contract,the city would save $20,000. Councilmember Sippel commented he was not intending for the city to do the work,but to bid out certain sections and have them done in smaller parcels,getting some of them done in 2 months time versus. 5 months for the wholething. City Engineer Ron Grittman stated he would have to go back in and redo the plans i f i t were done that way.They would have to pull things out to make the bid clear for whoever i s bidding on it.They are also looking at fast track;he is trying to get this done so that the contractor is working in 2 months where this normally takes 3 months.Each phase would have to have the same lead time on each contract, such as irrigation 3 months after the electrician gets finished. Doing i t piecemeal would drag the project out to a year. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 9 OF 24 Vice Mayor Eck asked i f projects like this are already being done this way or is there a way to do i t with less influence on traffic and the local businesses.He asked i f they could do the street work first i f they put this project back 2 months so that they could take care of the traffic problems they might have in November. City Engineer Ron Grittman stated the vast majority of the work is underground.The paving is the very last work,topping i t off and capping it. Vice Mayor Eck commented the paving would be at the end of the job. City Engineer Ron Grittman stated that is correct.They cannot come in and build the paving for the crosswalks first.I t would not be a constructible project i f the underground work were done after the paving. Vice Mayor Eck asked i f the road would be closed or be a single lane with the barricades off to the side. City Engineer Ron Grittman stated i t is considered a major street and access to businesses is paramount.They would build the street half at a time,giving as much access as possible to the businesses.As there is only one access to the restaurants,they would construct the driveway one half at a time in order to allow access.During the review meetings,staff stressed to the local businesses that this was not a minor outpatient surgery;i t is a major surgery.There will be traffic delays,dust,and a certain degree of hardship on all the businesses no matter what they do.They try to minimize that,but this is a major reconstruction. Councilmember Milkey asked i f i t was reasonable to hold off until this time next year i f they do not accept the bid tonight. City Engineer Ron Grittman stated that is a council decision.He does not know i f i t would result in a lower price. Councilmember Milkey commented gas could be $4 a gallon by then. City Engineer Ron Grittman stated gas could go up,and concrete is going up in price.He has rejected some bids over 15 years of service,and he has never REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 10 OF 24 seen a rejected bid come back lower.However,he cannot tell them that this price is the low bid because i t was the only bid. times he has seen only one bid.Vice Mayor Eck asked how many City Engineer Ron Grittman stated i t has happened a few times.Usually time i s not of the essence,which this one is.Typically he would recommend they reject all bids and go out and re -bid.However,time i s of the essence as they are trying to do the project with a minimal impact on the businesses. Councilmember Waldron commented this is one of the projects from the Town Hall that people would like to see.He would rather see them reject the bid,re -bid it,and come back with i t next year in a time frame that does not disrupt the businesses and when traffic i s at a minimum.Even i f i t i s on the fast track,i t seems to him they are putting a lot of pressure on the process and something could go wrong.The time frame would then be off. Mayor Coleman commented he does not want to fast track it,either.He does not believe they will get cheaper bids by waiting a year.He has watched the price of real estate and construction. City Manager George Hoffman thanked Ron Grittman for being there tonight as he is on vacation. Mayor Coleman commented they have a link on the front page of the city web site that talks about Town Hall 2002,the subject being Downtown Alive.I t has a place for updates.They can keep pushing this back a year at a time,but he feels they need to do i t as this i s a trial piece. He does not feel putting i t back a year will save $130,000.He commented maybe they should reject the bid and see who comes out right.He would like to go forward with i t and do i t now. Councilmember Sippel commented when Dr.Nine presented his information,he did not feel that the cities are comparable.He is saying that because there are a lot of restaurants all over the place in Mesa.Our area is a restaurant hub.People will go to the Feedbag;he does not feel the construction will hurt them because there is not another Feedbag or Los Gringos for them to go to.He agreed that they should move forward on this sooner rather than later. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 11 OF 24 City Manager George Hoffman stated Councilmember-elect Severs is holding up a sign in the audience that is stating bid now,start later.He requested the city engineer to address that scenario. (Councilmember-elect Joe Severs spoke from the audience but he was too far away from the microphones for his comments to be audible.) City Engineer Ron Grittmanstatedthereare3procurementmethods.One i s the standard method being used here of design,bid and build.Another i s design/build,where the contractor secures the engineer and you develop a not to exceed amount.This project has not gone down that path,and i t would have to be started all over again.The third method is a combination of the two,called construction management at risk,which is how Ironwood is now being built. This option has the engineer sought up front,when the plans are approximately 30%completed the contractor is brought on board and he does constructability review of what the engineer has been working on.I f they wanted to go down that path,the project would also have to be started from scratch.This project has been designed for the design/bid/build. (Councilmember-elect Joe Severs again made some comments from the audience.His comments were inaudible.) City Engineer Ron Grittmanstatedthecontractshavetosignedwithin30daysofcontracts being awarded by state law.There are distinct time frames in Title 34 documents that have to be complied with. (Councilmember-elect Joe Severs again made some comments from the audience.His comments were inaudible.) Councilmember Milkey commented he does not know of any contractors that would sign a contract now to perform the labor a year from now and hold the current price. Mayor Coleman commented they could only get one contractor to bid on this now. Councilmember Milkey commentedthereweredatesintheoriginalandtheywouldhavetoredothe dates,meaning they would have to redo the whole thing. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 12 OF 24 City Engineer Ron Grittman stated we are faced with awarding the contract tonight to CS&W or not awarding i t tonight.We cannot shop their bid. (Councilmember-elect Joe Severs made additional comments from the audience.His comments were inaudible.) City Engineer Ron Grittman stated as a contractor,one would have seen the gasoline prices go up for the last 4 or 5 months.He i s asking them to give a price for something fourteen months from now.He i s not aware of too many contractors that would be willing to do that. Vice Mayor Eck commented he called some contractors today and they mentioned that a lot of towns and cities are now doing the construction management at risk method now.He asked i f that is an expedient process. City Engineer Ron Grittman stated i t does result in a smaller time frame in order to construct the project;one gets to construction faster.Pinal County has used that method for the Ironwood project.One does get to construction faster,but the price one is getting is not a bid price.The contractors are reviewed based on what their qualifications are,the project is broken into segments,and for every segment there is a guaranteed maximum price.The contractor then gives the county a price on every phase of that. The original guaranteed maximum price for the Ironwood project came in at $2.5 million over what the county had estimates on. I t delayed the construction start 4 weeks while they worked with Sun Construction to get the price down.They finally got the number down to where the county needed i t to be.As cities use these alternate techniques,they are not always getting the low bid and i t forces you into some delays anyway in order to get the price down to where you need i t to be. Vice Mayor Eck commented he is at the point where he would like to go back out for bid.He would like to reject this bid as i t is too excessive.He would like to keep all their options open.He knows fast track i s not the way to go,but i f they would have had one more bid,i t would have been justifiable.This bothered him so he called 4 general contractors today and all said the highest they have ever been granted any job was 15%over the engineer's estimate. (There was a recorder malfunction at this point and the second tape of the meeting did not record.As a result,the following portion of the minutes are action minutes only.The third tape, which did record,begins with Resolution No.05-09.) REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 13 OF 24 Mayor Coleman called for a motion on the item. Councilmember Milkey MOVED THAT THE AWARD OF BID FOR PROJECT NO.PW 2005-02,CONSTRUCTION OF CONCRETE,ASPHALT,AGGREGATE BASE COURSE AND RELATED IMPROVEMENTS BE AWARDED TO CS&W CONTRACTORS,INC.IN THE AMOUNT OF $681,187.18,WHICH INCLUDES ADDITIVE ALTERNATIVE BID NO.1 PLUS 10%OR $68,118.72 FOR UNFORESEEN CHANGE ORDERS,FOR A TOTAL AMOUNT NOT TO EXCEED $749,305.90. THE MOTION. Councilmember Sippel SECONDED VOTE:3-4 (Vice Mayor Eck and Councilmembers Dietz,Insalaco and Waldron voted in opposition.) The motion failed. Mayor Coleman called for another motion. Councilmember Waldron MOVED THAT WE REJECT ALL BIDS ON THE PHELPS DRIVE PROJECT AND RE -BID THE PROJECT AS SOON AS POSSIBLE. Councilmember Dietz SECONDED THE MOTION. VOTE:4-3 (Mayor Coleman and Councilmembers Milkey and Sippel voted in opposition.) The motion carried. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF CAPTAIN'S FOR JULY 2 -4, 2005 FOR JULY 4TH WEEKEND CHARITY COOKOFF )City Clerk Kathleen Connelly briefed the council on the item. Mayor Coleman called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF CAPTAIN'S FOR JULY 2-4,2005,FOR JULY 4TH REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 14 OF 24 WEEKEND CHARITY COOKOFF,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY THE BOYS AND GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH FOR A "MARDI GRAS"FUNDRAISING EVENT TO BE HELD ON SATURDAY.MAY 14.2005 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Coleman called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY THE BOYS AND GIRLS CLUB OF THE EAST VALLEY -APACHE JUNCTION BRANCH FOR A "MARDI GRAS"FUNDRAISING EVENT TO BE HELD ON SATURDAY,MAY 14, 2005,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1231,CASE PZ-3-05, PLANNED DEVELOPMENT AMENDMENT REQUEST BY RED MOUNTAIN RETAIL GROUP,REPRESENTED BY ERIC NELSON, TO AMEND ORDINANCE NO.1168 TO ALLOW FOR REDUCED BUILDING AND LANDSCAPING SETBACKS AS WELL AS A REDUCTION IN THE REQUIRED ON -SITE PARKING )Assistant Planner Noel Griemsmann briefed the council on the item. Mayor Coleman called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 15 OF 24 Councilmember Milkey MOVED THAT ORDINANCE NO.1231 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 Milkey MOVED THAT ORDINANCE NO.1231,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THERE BE NO DELIVERIES AFTER 10 P.M.,AND THAT THERE BE NO DELIVERIES BEFORE 6 A.M. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-09, EXTINGUISHMENT CASE EX -2004-03, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENT ON MANZANITA STREET BETWEEN STARR ROAD AND ACACIA ROAD )Public Works Director Doug Dobson briefed the council on the item. (Beginning of tape 3.) Public Works Director Doug Dobson requested the easement be extinguished. Mayor Coleman requested the applicant address the council.The applicant was in attendance but declined to address the council.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.05-09,A RESOLUTION OF THE MAYOR AND CITY REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 16 OF 24 COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENT LOCATED ON MANZANITA STREET BETWEEN STARR ROAD AND ACACIA ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2004-03 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OID BUSINESS None. NEW BUSINESS FINAL SUBDIVISION PLAT REQUEST BY JOHN AND CAROL BELLEROSE,PROPOSING A 33 -LOT,SINGLE FAMILY SUBDIVISION ON ±9 NET ACRES LOCATED AT THE SOUTHEAST CORNER AREA OF E. BROADWAY AND S.PHELPS )Associate Planner Steve Abraham briefed the council on the item.This is for the subdivision named Sonoran Wells.I t was originally submitted in April of 2001.He gave a description of the general area.There have been no major concerns from staff or the utilities on this final plat.The requested changes and pertinent stipulations of Ordinance No.1152 and Resolution No.01-11 have been reflected on the attached plat.The sewer district and the Apache Junction Water Company have given preliminary approval to the plans.A letter of assured water supply has been issued,and the approval to construct has been issued by the Arizona Department of Environmental Quality.The performance bond has been received. The proposed housing designs were received yesterday.The floor plans are in line with the ordinance,but the elevations need to be more congruent with what the council desired in the resolution and ordinance.They will be working on those.This item will return to the council on May 17.He described the site.Changes to the preliminary plat include a lot being deleted to allow access and a larger open space area.This request is for discussion only tonight. Mayor Coleman asked what the square footage would be for the homes. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 17 OF 24 Associate Planner Steve Abraham stated the square footage is at 1,500 sq.ft.,1,800 sq.ft.,1,900 sq.ft.and 2,300 sq.ft. Vice Mayor Eck asked i f this i s straight hard zoning with these lots. Abraham stated that i s correct. would be starting at. Abraham stated that is unknown. Associate Planner Steve Mayor Coleman asked what they Associate Planner Steve City Manager George Hoffman asked i f Phelps Drive and Del Rio Court are aligned with Phelps Drive and Del Rio Court to the north. Associate Planner Steve Abraham stated Phelps Drive is and he believes Del Rio Court is also aligned. City Manager George Hoffman stated he was concerned with the turning movements and their relationship with the traffic.Phelps and Broadway are getting a lot of traffic and he does not know what the long term plan i s for signalization on that.They were trying to align the driveways north on Phelps. Councilmember Dietz commented he recalled that Public Works had put Phelps and Broadway down in the monthly report as starting warrant studies for a signal there. Public Works Director Doug Dobson stated that was San Marcos and Broadway. Councilmember Insalaco commented they are going to have to do a lot of blade work on this property. Associate Planner Steve Abraham stated that is correct.I t appears from the vegetation that a significant amount of water runs through the site.They will basically re -channel the entire wash along the exterior perimeter of the development. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 18 OF 24 Councilmember Insalaco stated they will have to move a lot of dirt make that level. Councilmember Sippel asked i f they are going to be running that north of the property. Associate Planner Steve Abraham stated that is correct. Councilmember Sippel stated i t will all be at the top.He asked i f i t would be underground. Associate Planner Steve Abraham stated i t would not be underground.I t will be a channel. Councilmember Sippel stated he is familiar with that wash and i t fills when i t rains.He asked how people would get in and out of there when the wash fills. Associate Planner Steve Abraham stated i t would be culverted under the street. i t would be a big culvert.Councilmember Sippel asked i f Associate Planner Steve Abraham stated the culverts have been approved by engineering to accommodate the flow.I t is one of the reasons the tract is solarge;i t is basically a channel and the remaining 6'of the eastern side of the bank is the required trail.They are maximizing the use of the space on the western side. Mayor Coleman closed the item with no more discussion and went on to the next item. AUTHORIZATION FOR MAYOR TO SIGN WATERLINE EASEMENT FOR ARIZONA WATER COMPANY )Public Works Director Doug Dobson briefed the council on the item.He stated Arizona Water has requested the city grant them an easement for the location of a waterline across the frontage of the public works facility at 575 E.Baseline.The easement would have no adverse effect or impact on the property.The easement is required for the arsenic treatment project required under Environmental Protection Agency standards.The waterline will convey treated water from Baseline west of the Central Arizona Project to US 60. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 19 OF 24 Mayor Coleman opened the item to discussion.There being no discussion,he called for a motion. Councilmember Milkey MOVED THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN A WATERLINE EASEMENT FOR ARIZONA WATER ACROSS THE PUBLIC WORKS YARD LOCATED AT 575 EAST BASELINE ROAD,PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS Councilmember Sippel SECONDED COMMUNITY COLLABORATIONS AND THE ASU WEST PARTNERSHIP IN COMMUNITY DEVELOPMENT PROGRAM )Grants Specialist Roger Hacker briefed the council on the item.He stated this item could be delayed until the next meeting given the lateness of the hour.He does not believe the written report provided was very clear in terms of addressing what could be provided to the city. I f the council delays this to the next meeting,staff would have the opportunity to give them a better written description of what might be possible.They could hear the presentation this evening or defer i t to the next meeting. The consensus was to defer i t and bring the information to the next meeting. Councilmember Milkey asked i f they are looking for the council to identify the issues or have the issues already been identified and they are asking council to name the issues. Grants Specialist Roger Hacker stated they have not identified issues specific to the community. Staff could provide them in a subsequent report what staff thinks and they would need direction from the council as to what they REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 20 OF 24 would like,i f they even want their involvement in our community. They are trying to determine what the council would like the ASU West Partnership to address. Mayor Coleman asked when they would be having the council/staff retreat. City Manager George Hoffman stated they are having i t May 21. Mayor Coleman commented he would like to have the retreat before this. Grants Specialist Roger Hacker stated there is no timeline from ASU West or Links on this issue. They can go with whatever meets their needs. City Manager George Hoffman asked i f they were talking about bringing the topic back or the sub -issues selected. Councilmember Milkey asked i f they needed direction to identify the issues. City Manager George Hoffman stated he believes they want to see i f the concept was of interest to the council.He does not believe the speakers when they were here connected with the council on the potential as they did when he met with them with Roger and the mayor. Mayor Coleman stated to bring i t back and give more of a presentation.He then moved on to the next item. SCHEDULE FOR BOARD AND COMMISSION APPOINTMENTS/REAPPOINTMENTS )City Clerk Kathleen Connelly briefed the council on the item.This was discussed at the work session last night and she believed they unofficially agreed to interview applicants for the Planning and Zoning Commission,Library -Board,Parks and Recreation Commission and Board of Adjustment at the May 2 work session.They would make the appointments the next subsequent evening.The remaining boards and commissions would be interviewed at the May 16 work session with appointments at the May 17 meeting.She asked i f they wanted to interview the people requesting reappointments or just the new applicants. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 21 OF 24 Councilmember Waldron stated they have asked the incumbents to come to the meeting in the past so that they can put a name to a face. The council agreed. City Clerk Kathleen Connelly asked i f they were to be interviewed. Councilmember Waldron stated he would like them to show up so they know who they are. Vice Mayor Eck requested they have a separate agenda item and not have i t on the consent agenda. City Clerk Kathleen Connellystatedi t can be done under new business. Councilmember Dietz commentedthatishowtheyusedtodoit. Mayor Coleman asked i f she needed a motion. City Clerk Kathleen Connellystatedshedid,even i f they just say AS WE JUST DISCUSSED. Councilmember Dietz SO MOVED. MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES There was general discussion on the selection of the meeting date,time and location for discussion and/or action on Fiscal Year 05/06 budget. discussion and called for a motion. Vice Mayor Eck SECONDED THE Mayor Coleman closed the Councilmember Sippel MOVED THAT DISCUSSION AND/OR ACTION ON FY 05/06 BUDGET BE HELD ON MAY 23 AT THE FOLLOWING TIME AND LOCATION:6:00 P.M.IN THE CITY COUNCIL CHAMBERS. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 22 OF 24 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a motion on the other meeting. 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,MAY 2,2005,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,MAY 3, 2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck commented the Corwin Brundrett Memorial Softball Tournament was a great success this past Sunday.The proceeds went to the Boys and Girls Club. Vice Mayor Eck asked i f they had the information for the services on Paul Connolly. City Clerk Kathleen Connelly stated the public memorial services for Paul Connolly will be this coming Sunday,April 24,at 7 p.m. at the softball field at Prospector Park. Councilmember Sippel stated he had a team in the softball tournament and they did awful. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:46 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of April 5,2005. REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 23 OF 24 3. Consideration of Award of Bid for Project PW 2005-02, Construction of concrete,asphalt,aggregate base course and related improvements with additive alternative on Phelps Drive at Apache Trail to CS&W Contractors,Inc.as the only bidder, in the amount of $681,187.18,which includes Additive Alternative Bid No.1,plus 10%,or $68,118.72,for unforeseen change orders,for a total amount not to exceed $749,305.90. 4.Consideration of Award of Bid for PW 2005-03,Paving Materials,to Mesa Materials,Inc.for various paving materials and delivery. 5. Appointment of one new Planning and Zoning Commission member, and possibly one Board of Adjustment member. ACCEPTED THIS 17TH DAY OF MAY ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH 2005. ATTEST: DOUGLAS Mayor CITY COUNCIL MINUTES CERTIFICATION DAY OF OLEMAN MAY 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 19th day of April,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd day of May,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 19,2005 PAGE 24 OF 24