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HomeMy WebLinkAbout1993-04-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 20,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 20,1993 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Associate Planner Rudy Esquivias Library Director Pam Loui Martin Carlino,566 S.Mountain View Rd.,Apache Junction Gary Mulholland,215 W.17th Ave.,Apache Junction Sandie Smith,3575 N.Prospector Rd.,Apache Junction Richard Taylor,340 S.Belair,Apache Junction REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 1 OF 22 Jennie K.Bennett,422 S.Rosa]Ave.,Apache Junction Paul Perkins,1077 E.Mesquite,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED,EXCEPT THAT ITEM NO.4 BE MOVED TO FOLLOW THE CITY MANAGER'S REPORT;AND THAT RESOLUTION NO.93-11,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES,BE APPROVED;AND THAT THE ADDENDUM TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CHAMBER OF COMMERCE AND CITY OF APACHE JUNCTION FOR MARKETING RESEARCH AND ANALYSIS IN THE AMOUNT OF $18,450.00,BE APPROVED CONTINGENT UPON COUNCILMAN PERKINS RECEIVING A COMPLETE REPORT FROM DAY ONE (DATE OF PROJECT INITIATION). Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Councilman Perkins spoke on behalf of Fire Fighters Local 3056 and presented plaques to Betty Hernandez from the Fire District and Rhonda Wise from the Police Department in appreciation for their work on the Policeman/Fire District Ball. CALL TO THE PUBLIC Jennie Bennett,422 Rosa],Public Relations Chairman of the Apache Junction Reach Out Food Bank,commended Mayor Damiano on his personal efforts on behalf of the local Food Bank and asked the Council to continue their support of the Food Bank. Richard Taylor,340 S.Belair, addressed the Council regarding his opposition to allow General Plan amendments on a frequent,as needed basis. Pinal County Supervisor Sandie Smith,3575 N.Prospector,addressed the Council to thank Mayor Damiano and City Manager Mike Lee for their efforts to ask the Arizona Dept.of Transportation to increase funding allocations to Pinal County. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 2 OF 22 addressed the Council regarding his rodeo and equestrian facilities and emergency or contingency funding to CITY MANAGER'S REPORT Gary Mulholland,215 W.17th Ave., group's efforts to develop the city's requested Council consideration of assist their efforts. City Manager Mike Lee updated the Council on the improvements of Foothill Street which will be extended to Idaho Rd.He reported delays on the improvements of Starr Rd.and Old West Highway due to right-of-way acquisition. CONSENT AGENDA ITEM NO.4 PROJECT MANAGER CONTRACT FOR THE PRE- DESIGN,MANAGEMENT AND CONSTRUCTION PHASE DEVELOPMENT OF THE INITIAL PHASE OF LIBRARY EXPANSION )City Manager Mike Lee briefed the Council on this item stating that the City is anticipating to be successful in the application for federal grants through the State funding for this project. He stated that a project manager would make this project more competitive for funding and explained that the use of a project manager on the new police facilities project reduced the cost.He explained why city staff could not be able to do this job because of time constraints and it requires special skills.He recommended approval of the contract with Capital Improvement Associates,Inc. Mayor Damiano asked Mr.Lee if he was aware of some of the problems other cities are having with their projects. Mr.Lee answered yes and mentioned some of these problems.He stated he believed that the City would have a better project at a lower cost if we used a professional project manager. when was this project posted for bids. whether it was posted. was posted. Councilwoman Barker asked Mr.Lee Mr.Lee answered he did not know City Clerk Kathy Connelly stated it Councilwoman Barker stated that according to our policies,i t has to be posted 48 hours before the time established for submitting bids but this does not meet that requirement. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 3 OF 22 City Attorney Glenn Gimbut confirmed that. Councilwoman Barker pointed out the date of March 30th on a letter from Mr.Hameed which indicated target dates for the month of April. Mr.Lee apologized to the Council for the oversight. Councilwoman Barker stated that the total cost plus some additional cost would come up to about $45,000.She asked if maybe city staff can do a lot of this project. Councilwoman Alger pointed out on Exhibit 2 that the total cost is for the thirteen months that the project would take but if it takes more time,then it would cost more. Councilwoman Barker stated that either way the City pays for the construction being delayed. Councilman Coleman asked if the total cost is for the design phase only and does not include the construction phase. Mr.Hameed explained that the design phase is to be completed in 13 months for a total cost of $32.000 but sometimes things occur that might delay the project,so the additional cost is to cover themselves against being penalized for doing the job say in eight months instead of five and not being paid for. Councilwoman Barker stated she would feel uncomfortable about voting on this item because our bid procedures were not followed. Mr.Gimbut informed the Council that this project was in fact posted for 48 hours last week,after this agenda had been prepared,but no other bids came in. Councilwoman Barker pointed out that because of the date on the proposal it was prepared before the project was posted.She stated it was not right to have given enough opportunity for a consultant to prepare a bid on this project. Councilwoman Alger asked why this proposal was done on March 30th if there was a bid process to be followed later. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 4 OF 22 City Engineer Gordon Grandy stated that Engineering also administers a variety of contracts for construction and explained that when they have a contractor under a scope of work and there is a change that is going to include more money,they call it a change order.He stated that if Mr.Hameed is already under contract with the City to provide managerial services and if the contract is to be broadened in the scope of his work to include a Library phase,'then the terminology would be a change order to his current contract and it does not need to be posted for another contract. Councilwoman Barker commented that perhaps the City should have the same consultant do the roads so that we never have to go through this procedure again and stated that the reason why the Council has to look at this is because of an expenditure of funds. Councilman Perkins asked if this project was posted,according to our procedures. Ms.Connelly answered that the project was posted after it was listed on the agenda as an awarded bid. Councilwoman Alger commented that the City hired this firm to do the original building project for the new police facility and later it got the contract for the masterplanning of the project which included working with the Library on its preliminary planning stages.She asked if this contract is an expansion of that original idea from the Library. Mr.Lee answered that i t is not within the same scope of work and it should be looked at as a separate contract. Councilwoman Alger stated that preparation for this contract would have happened out of the current contract. Mr.Lee replied yes because we are involved with developing a needs assessment to determine the scope of project for the Library and explained that the posting was an oversight on his part. Councilman Perkins asked if the City has any problems with the masterplanning so far. Mr.Lee answered no,in his opinion. Councilman Perkins asked if city staff could do the job adequately and have the same results that CIA has had with the police building. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 5 OF 22 Public Works Director Rich Broman answered that the biggest problem staff has is working on multiple projects at one time.He further explained that a project like this required dedicated staff such as a project manager or a consultant with professional experience in working with architects and contractors.He mentioned that over time Mr.Hameed has pointed out numerous things to him,which he would have overlooked otherwise. Councilman Perkins explained that because of the possibility of getting grant money for this project which put us under a time constraint and since CIA knew the scope of work for this project,this proposal was done and resulted in the oversight of the posting. Mr.Lee stated that originally,this item was going to be scheduled later,but in order to meet some deadlines for the grants it was moved to tonight's meeting. Councilwoman Barker stated that the City did not follow the legal procedures for bids. Councilman Coleman asked if what we are doing is illegal. Mr.Gimbut answered that he had not reviewed the notice that was posted but presuming that it was posted properly and done for 48 hours,technically we are legal.He stated that the question of whether it was done the way it was intended or if it was done in a way so it could be awarded tonight,is a different issue. Councilman Coleman asked if the City is jeopardizing the grant if the Council postponed this. Mr.Lee answered that it would make it more difficult to submit a good application. Councilwoman Alger asked if the results of the posting would have been any different if it had been done before the item was listed on the agenda. City Clerk Kathy Connelly answered that the body of the posting notice would have not been any different,but this appeared in this form not only on the preliminary but on the final agenda as well,which was prepared before the posting was completed or the 48 hours had expired. Councilwoman Alger asked if someone had responded within the 48 -hour posting requirement,could the agenda have been changed to reflect that. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 6 OF 22 Ms.Connelly answered that she thinks staff would have recommended that,at least to allow time to review any other proposals. Mr.Lee stated he would make sure this error would not happen again. Councilman Coleman MOVED THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACT WITH CAPITAL IMPROVEMENT ASSOCIATES,INC.FOR PROGRAM MANAGEMENT SERVICES FOR THE INITIAL PHASE OF THE LIBRARY EXPANSION,AS OUTLINED IN THE PROPOSAL DATED APRIL 8,1993. Councilman Perkins SECONDED THE MOTION. Vice Mayor Eidson questioned the need of going this route altogether since we are adding onto an existing building.He commented that although this project might be a burden to staff, maybe this should be one of those situations where staff does the work. Ms.Connelly mentioned that Mr.Gimbut was working on a change for this and asked him if that was on the agreement that is included in the packet. Mr.Gimbut answered i t is not in the packet.He stated that a language change for Section 8-A should read,"In the event the project and rephase or any phase there up shall not be completed within two months of the initially scheduled completion date,therefore,for any reason whatsoever other than the failure of either consultant or owner to perform their duties hereinunder,either party may,upon written notice to the other,have the right to terminate this agreement,in which event the owner shall pay consultant for all services rendered and reimbursable costs incurred through date of termination,and thereafter neither party shall have any further right to a duty to the other hereinunder."He explained that if the project goes longer than two months as initially projected on either phase or more than two months as a total project,the consultant has the right to,i f i t is not their fault,to terminate the agreement and be paid to date,and the same right is for the City.He stated this allows in the case that time is dragging on and we wish to put a cap on this agreement and take it over as a staff project. Councilman Perkins stated that the building is actually going to be remodeled and requires professionals to do it;that to impose upon staff a job of this nature which they do not do on a daily basis is not fair and they cannot to produce the same results that a professional would. Ms.Connelly asked if the motion and second included the amendment to the agreement. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 7 OF 22 Councilmen Coleman and Perkins approved the amendment as part of the original motion. Vice Mayor Eidson was concerned that CIA is already working under one contract for the police building and with this contract they are going to be drawing two salaries and working on two different jobs at the same time;that would impose a burden on somebody else. Mr.Lee explained that Mr.Hameed indicated in the contract that construction services is dependent upon i t being concurrent with the police building construction,and he is discounting that fee because he will be on the site and will be able to do i t for less than if it was on a separate site. Mr.Hameed explained that they are not going to be doing this project at the same time as the police building; that although it takes the same kind of effort to do it,this is not as long a project;that is why the fee is less and also because during construction they know they are going to be on the PD job so they discounted that fee already. VOTE:In favor:Councilman Coleman, Councilwoman Alger, Opposed:Councilwoman Barker, The motion carried. PUBLIC HEARINGS The Council proceeded with the vote. Councilman Perkins,Councilman Cox, Mayor Damiano. Vice Mayor Eidson. RESOLUTION NO.93-10 (GPA-93-01) AND ORDINANCE NO.860,(PZ-1-93)) )Planning Division Manager Jim Nakagawa briefed the Council on this item stating this is a General Plan amendment and a rezoning request to be considered concurrently.He stated that Planning and Zoning Commission considered this on March 23rd and recommended approval of both the General Plan amendment and the zoning request with Planning staff concurring. Mayor Damiano opened the hearing to the public.There being no one wishing to speak,he closed the public hearing. Councilman Coleman asked what is going to be done on this property. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 8 OF 22 Mr.Nakagawa answered that the zoning would allow for lot sizes not smaller than 1.25 -acre and the MH zoning would allow for manufactured homes instead of apartments or conventional homes. Councilman Coleman asked if will be double -wide mobile homes or single -wide or are they going to 1 a mobile home or a trailer. these ook like Mr.Nakagawa answered i t is 'usually determined by the zoning and the market place. Mr.Paul Connolly applicant;1935 S. Cactus,stated that when people buy a 1.25 -acre property they will prObably put an adequate or better than adequate mobile home on it;that when you see 1.25 -acre lots with single -wide mobile homes i t is because these lots used to cost less than they are now.He added that when a piece of property is sold the seller has no guarantees as to what the buyer is going to put on the property. Councilman Coleman asked Mr. Connolly if he then is not going to develop the land but he will sell it. Mr.Connolly answered it will most likely be sold or rented;if it is rented,they will not rent it to junk units because that will affect the value of the other property. Councilman Coleman stated he was under the impression that the property was going to be developed and put mobile homes on it and sell them. do that. Mr.Connolly replied they will not Councilman Perkins asked if when the land is split up,are the lots going to be accessible from the existing main thoroughfares. Mr.Connolly answered yes;the west side will be accessible from Delaware and the east side by Grand. Councilman Perkins asked if there will not be any landlocked parcels. Mr.Connolly replied "absolftely not." Councilman Perkins MOVED THAT RESOLUTION NO.93-10,APPROVING GENERAL PLAN AMENDMENT GPA-93-01,A PROPOSAL REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 9 OF 22 TO AMEND THE 1987 GENERAL PLAN LAND USE MAP BY REDESIGNATING FROM "MEDIUM DENSITY RESIDENTIAL" TO "MEDIUM DENSITY RESIDENTIAL WITH MANUFACTURED HOME OVERLAY"THE AREA IN SECTION 18 BETWEEN DELAWARE DRIVE AND GRAND DRIVE AND BETWEEN ROUNDUP STREET AND GREASEWOOD STREET,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilwoman Barker MOVED THAT ORDINANCE NO.860 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-93 FROM CR-5 (MULTI -FAMILY RESIDENCES)TO R1-43(MH)(SINGLE-FAMILY RESIDENCES ON 1.25 -ACRE GROSS MINIMUM LOTS/MANUFACTURED HOMES PERMITTED);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.860,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.93-06 (GPA-93-02) )Planning Division Manager Jim Nakagawa requested that the Council postpone this item for the next meeting on May 4th due to a public notice issue. Mayor Damiano opened the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 10 OF 22 Mr.Martin Carlin°,566 S.Mountain View,spoke on behalf of the Superstition Horsemen's Association in opposition to the allowance of having any number of General Plan amendments at any time of the year. Mrs.Nancy Koerner,1026 N. Goldfield,asked the Council why they were not going to vote on this issue tonight. City Attorney Glenn Gimbut explained that there was an error on the part of the newspaper on the public hearing notice;it was published that it was going to be heard tonight by the Planning and Zoning Commission instead of the City Council.He stated that since there is no pressing need to decide on tonight,it was best to continue it. Mrs.Koerner asked if the General Plan amendment the Council just voted on which was published at the same time does not come under the same consideration. Mr.Gimbut answered that after discussion with the applicant,it was decided to go forward on that. Councilwoman Alger MOVED THAT THIS ITEM BE POSTPONED UNTIL THE MAY 4TH REGULAR COUNCIL MEETING. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano recessed the meeting at 8:28 p.m.He reconvened the meeting at 8:44 p.m. ORDINANCE NO.861,AMENDING CH.14,SEC. 14-1-10 OF THE CITY CODE )City Attorney Glenn Gimbut briefed the Council on this item stating that the Council gave previous direction to staff to amend the City contract and ordinance to eliminate the public access channel from the agreement with Triax Cablevision.He stated that this channel has never been used or utilized or put into service which would cost Triax an excess of $18,000 which would be reflected on the rates we pay. Mayor Damiano opened the hearing to the public.There being no one wishing to speak,he closed the public hearing. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 11 OF 22 Councilwoman Barker asked if the reason why we are doing this is because Triax would have to spend a lot of money otherwise. Mr.Gimbut answered that it was because of multiple reasons of which that was number one.He explained that the original proposal,which was submitted by the predecessor to Triax,does not interpret what are the rights,duties and responsibilities between the parties;that the original company was going to put in a studio which would be available to the school district,the city,and to a public access channel, which would include equipment to be used by all three entities and would be staffed initially to assist these three for a certain period of time;but after that first year -and -a -half the proposal does not say what will happen then and the studio never came to be. Mr.Gimbut also stated that the school district used that portion of the contract to get a studio built for them which Triax never intended to build and so there is an agreement that nobody has ever really followed;yet Triax has,in good faith,built something,paid for something,as they initially said they would;but the educational channel which exists and nothing is being done with costs Triax an extra $18,000.Additionally,Triax has done an attempt to accommodate us and has given the City some video equipment according to discussions with Triax last year .He explained that the problem with the public access channel is who mans it;that it costs Triax money that is reflected in rates on a service that our public has never really demanded.He explained some of the problems with public access channels and stated that in order to reduce these problems, it was decided to eliminate it. Councilwoman Barker confirmed with Mr.Gimbut some of the statements he made. Vice Mayor Eidson suggested to have the Council meetings shown on cable TV. City Manager Mike Lee stated that Triax has provided the video equipment for tapeing and playing it on the government access channel. Vice Mayor Eidson asked if the meetings could be shown live. City Clerk Kathy Connelly answered that could not be possible because we do not have a line hooked up to Triax; it would have to be recorded first and then played back on a VCR. Mr.Gimbut stated that Triax indicated that they might be willing to accommodate us if we want i t live. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 12 OF 22 Ms.Connelly stated that we have hardware here to do certain things,but other things would need to be done to the Council Chambers in order to bring them up to a standard such as the acoustics and the lighting.She mentioned that Casa Grande is asking for bids to renovate their Council Chambers to broadcast their council meetings and they are looking at a $13,000 expense. Vice Mayor Eidson stated that his thought was to have a couple of meetings shown and get results from the community;if they support it,then go forward with it and if not,then drop it. Councilman Coleman MOVED THAT ORDINANCE NO.861 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Ms.Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 14 CABLEVISION,SECTION 14-1-10,ACCESS CHANNELS;REPEALING AND CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.861,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox SECONDED THE MOTION. VOTE:In Favor:Councilman Perkins,Vice Mayor Eidson,Councilwoman Alger, Councilman Cox,Councilman Coleman,Mayor Damiano. Opposed:Councilwoman Barker. The motion carried. OLD BUSINESS PHASE I OF A SECURITY SYSTEM FOR THE MAGISTRATE COURT AND AUTHORIZATION FOR USE OF CONTINGENCY FUNDS )City Manager Mike Lee briefed the Council on this item stating that the total cost for this includes sales tax and does not exceed the $10,000 limit.He reviewed to the Council the REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 13 OF 22 estimated cost for both Phase I and Phase I I of the Magistrate Court security system. Vice Mayor Eidson asked how the security system would operate. Mr.Lee answered that access into the building at irregular working hours would require a card which has a code and it is inserted into the system;during working hours the door would be unlocked;and the system would also include a metal detector. Judge Brundrett briefed the Council on incidents where people have come into the Court with weapons and other dangerous situations that have arisen. Councilwoman Barker asked if the Court was not originally planned to be in the police building. Mr.Lee answered no,there was no plan to locate the Court in the police building;that there is a site that is indicated on the masterplan for future Court which is where the Chamber of Commerce building is now,but there is no specific date or funding for that. Councilwoman Barker stated that i f there is any indication that we are thinking about moving the Court,it would not be appropriate to install the security system now,unless it was a portable system. going to be portable. been concerned for many years about the Chambers and asked if the system was goi II will bring the cameras in the Council personnel during working hours. Council Chambers would be affected with the front door and two interior doors wi system. instead of having the monitors in Judge REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 14 OF 22 Mr.Lee replied that the system is Mayor Damiano commented that he has security measures in the Council ng to cover that area. Judge Brundrett replied that Phase Chambers to be monitored by Court Mr.Lee asked if the doors to the the access control system. Judge Brundrett answered that only 11 be affected by the access control Councilman Perkins suggested that Brundrett's office and Mr. Weiskotten's office that they be located at the police department in the dispatcher's office where they can be watched at all times. Mayor Damiano asked the police chief how many monitors do they have now to watch. Chief McDaniel answered five. Councilman Perkins stated that the monitors would be installed at the new police building and there would be more surveillance done from that point than there is from somebody who is busy trying to do his job and looking at a monitor. Judge Brundrett replied that he would not have a problem watching the monitor if it is conveniently located. City Attorney Glenn Gimbut asked that if there was a true security problem who would you want responding,a Court Clerk or a policeman?If the monitor is at the police department,the police would be more likely to respond. Mayor Damiano stated there is usually a police officer at the Court if he is not out apprehending somebody. Judge Brundrett replied that their judicial enforcement officer's desk could be positioned in such way that he would be able to view the monitor. Councilwoman Alger asked Judge Brundrett what is it that they are trying to accomplish with the security system. Judge Brundrett answered safety. Councilwoman Alger asked if they want to be able to watch people who are walking into the Court and who sit at the front. Judge Brundrett answered that people no longer sit at the front and that is another problem they have with space; that people now sit in the Council Chambers. Councilwoman Alger stated that area is not included until Phase I I for the monitoring and she asked what the purpose of the first phase is going to be. Judge Brundrett answered that i t is for the safety of the clerks and mentioned that they looked at the security system in the Court at Casa Grande. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 15 OF 22 they have their monitors. did not have monitors. Councilwoman Alger asked where do Judge Brundrett answered that they Councilwoman Alger mentioned that the camera at Administration is monitored in the police department and she agreed that the cameras should be monitored at the police department. Vice Mayor Eidson asked what is the time frame for the second phase. Judge Brundrett answered that i t would be immediately after i t is approved. Vice Mayor Eidson asked if they could include a monitor at the police department without great difficulty. Judge Brundrett answered he would assume so. Vice Mayor Eidson suggested to go ahead and do that. Judge Brundrett stated that the estimate did not break down the price of the monitors but it would probably be about $500 to $600. Councilwoman Alger asked if the monitors for the first phase were located in the police department,would that change the cost. Judge Brundrett answered he did not think so but he was not sure. would exceed the $10,000 minimum for bids. before reaching the $10,000. $115 monthly maintenance included. the rental of the camera and the monitor. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 16 OF 22 Councilwoman Alger was concerned it It was discussed that there was $936 Councilwoman Alger asked what the Judge Brundrett answered it 5 for Councilwoman Alger asked if then we are not buying the camera and monitor but just leasing them.She asked what is it that we are getting for $9,064. Judge Brundrett answered the installation and the equipment for access control. Councilwoman Barker asked if we are buying the scanner system or are we renting it. Judge Brundrett was not sure about it. Mr.Lee stated he thought we were buying the scanner;that he thought Mr.Weiskotten would be there to explain the details. Judge Brundrett stated that actually Mr.Weiskotten is the one who discussed all the details with the salesperson. Councilman Perkins asked if the $9,064 included the maintenance fee until the new budget or if that was above and beyond that total. was beyond the $9,064. bring it over the $10,000 bid requirement. Mr.Lee answered the maintenance fee Councilman Perkins stated it would Mr.Lee answered that the bid requirement does not include service maintenance. lease and not maintenance. $115 is for service and maintenance. the monitor and camera are leased. Councilwoman Barker stated this is a Mr.Lee stated it is both and the Councilwoman Barker pointed out that Mr.Lee stated that some of it is lease and some it is rental but he cannot remember which is which;he thought Mr.Weiskotten would be there to explain that;so maybe they would want to postpone it and get better information. Ms.Connelly stated that if in fact the $115 is for a lease,there is a section of the City Code that says that we REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 17 OF 22 have to do lease or contract purchase agreements or rentals as part of our bid procedures;maintenance could be considered separately but actual lease of hardware needs to be included as part of the overall bid;that we are specifically instructed to have their value estimated as a cumulative total. Councilman Perkins asked that the Council get a better break down on this when it comes back and that they also look at what is going to cost to put a monitor in the police department,and make sure that it is not going to be over the $10,000 bid requirement. Councilwoman Alger stated that i f that is a lease amount that is going to be considered for the next budget approval which will be in four months,it is under the $10,000;but,if we want to put a monitor in the police department,this will be over that amount. Ms.Connelly read from the City Code that rentals "shall be valued at the cumulative total of rental payments for the anticipated rental period or for one calendar year from the start of the rental for a long term items,whichever is less.So,it is going to go beyond whatever budget year it would be. Councilwoman Barker MOVED THAT THIS INFORMATION BE BROUGHT BACK TO THE CITY COUNCIL AT THE NEXT MEETING ON MAY 4, 1993 WITH A BETTER BREAK DOWN AS TO WHAT IS A LEASE AND WHAT IS A PURCHASE AND ITS COST,PLUS THE COST OF WIRING A MONITOR INTO THE POLICE DEPARTMENT. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.858,AMENDMENTS TO SIGN CODE) )City Attorney Glenn Gimbut briefed the Council on this item stating that there are two problems with the language used to amend the Sign Code at the last Council meeting;that the amendment states there is a maximum of six square feet.per side for the sign but there is no indication as to how that is supposed to be calculated and the Council intended it to be six square feet per side and that needs to be clarified;that the amendment was made to Section 20.20 so that "A"frames,as described,would be excepted from the Sign Code.He stated that Section 20.21 still remains which lists "A"frame signs specifically prohibited by the code and what the Council intended to do is to have "A"frame signs of no more than six square feet per side permitted in commercial zoning districts.He suggested to reconsider the amendment so that specific changes can be made and this would save time and advertising costs. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 18 OF 22 Planning Division Manager Jim Nakagawa stated it was not clear whether it needs to be readvertised and go through the Planning and Zoning Commission or whether after this reconsideration would just be brought back at the next City Council meeting. Councilwoman Alger asked why it would need to go back through the Planning and Zoning Commission if the Council made the change and it is their reconsideration. Mr.Gimbut agreed this would not have to go back through the Commission,but the question is if this would be a public hearing that would have to be advertised. City Clerk Kathy Connelly pointed out there were only fourteen days between now and the next Council meeting;if there is a fifteen -day requirement for the public notice,it is impossible to meet that. Mr.Nakagawa stated he was not clear on cases where the Council reconsiders something whether there is a legal need to readvertise the hearing or not. Ms.Connelly stated that in cases not involving the Zoning Ordinance,we have simply reconsidered it,but she was not sure if there was a precedent with zoning. Mr.Gimbut stated he had not researched that point and did not have an answer. Councilwoman Alger MOVED TO RECONSIDER THIS ITEM AT THE JUNE 15TH COUNCIL MEETING. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS AWARD OF BID FOR SIDEWALKS AND HANDICAPPED RAMPS FOR APACHE VILLA SUBDIVISION )City Engineer Gordon Grandy briefed the Council on this item and stated that the bid submitted by the low bidder was actually $27,576.42,however the contractor noted on his bid that there was an error on Engineering's estimate which was verified;that after factoring in that quantity difference to the low bid it came up to the new REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 19 OF 22 dollar amount which is a little above our estimate.He recommended to exceed the Engineering estimate. Councilman Perkins asked if this sidewalk will be on both sides of 16th Avenue. Mr.Grandy answered i t is just on the north side because there is an existing rolled curb on the other side. Councilwoman Alger asked what does it mean nand allowing for final quantity modifications"on the proposed motion. Mr.Grandy stated that when a contractor submits a bid we have a possible cost.He explained that the various items were priced individually and when they go out to get them the quantities may fluctuate a little bit.He stated that Finance has indicated that when Engineering writes change orders and any of the amounts is over the actual bid,they cannot make the payment;that Finance has also suggested that when something is awarded with a specific dollar amount and something to exceed that,then it is possible to adjust the payment. Councilwoman Alger asked what kind of overrun might be expected. Mr.Grandy answered that the best he can do on his own without having to come back to Council is 10% and this is stated on the bid specifications;if there is a major change,they do a change order and bring it to the Council for their consideration. Mayor Damiano mentioned there is an area of sidewalk on 16th Avenue. Public Works Director Rich Broman replied that sidewalk was built by Apache Villa. Mayor Damiano asked what is going to happen to that sidewalk. Mr.Grandy answered that none of the existing sidewalks will be removed. Councilwoman Barker MOVED THAT THE BID FOR SIDEWALKS AND HANDICAPPED RAMPS FOR APACHE VILLA SUBDIVISION,PROJECT NO.ENG.93-02,BE AWARDED TO PACE PACIFIC CORPORATION IN THE AMOUNT OF $28,841.82 AND ALLOWING FOR FINAL QUANTITY MODIFICATIONS OF UP TO 10%. Councilman Perkins SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 20 OF 22 VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,MAY 3,1993 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,MAY 4,1993 IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Damiano informed the Council that he attended a Military Affairs Committee Meeting in the afternoon and he also attended an ADOT meeting. ADJOURNMENT )The meeting adjourned at 9:50 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of April 6,1993. 3.Approval of Resolution No.93-11,requesting Arizona Dept.of Transportation to authorize transportation funds pursuant to ARS §28-2602 (LTAF funds). 4.(This item was moved off the Consent Agenda to follow the City Manager's report for discussion.) 5.Approval of Addendum to Economic development Agreement with the Chamber of Commerce for marketing research in the amount of $18,450. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 21 OF 22 ACCEPTED THIS 4TH DAY OF MAY ,1993,BY THE MAYOR AND CITY COUNCIL OF THE_CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF MAY ,1993. ATTEST: KATHLEEN CONNELLY City Clerk THOMAS DAM IANO 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 20th day of April,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of April,1993. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1993 PAGE 22 OF 22