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HomeMy WebLinkAbout2000-06-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 6,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 6,2000,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 Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Library Director Pam Loui Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 1 OF 38 Development Svcs.Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias Associate Planner Paul Michaud ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED.AS PRESENTED;AND THAT THE CITY MANAGER AND CITY ATTORNEY MENDED EMPLOYMENT AGREEMENTS BE APPROVED AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN SAID AGREEMENTS;AND THAT THE AWARD OF BID FOR A 1999 FORD CROWN. VICTORIA POLICE INTERCEPTOR BE AWARDED TO VILLAGE FORD IN AN AMOUNT NOT TO EXCEED $23,652.00;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN,A LETTER OF SUPPORT FOR THE APACHE JUNCTION LIBRARY;AND THAT A GRANT FROM THE "BILL AND MELINDA GATES FOUNDATION"TO FUND THE PURCHASE OF 2-4 COMPUTERS,A PRINTER AND RELATED EQUIPMENT FOR THE LIBRARY,PLUS PROVIDE ADDITIONAL INTERNET ACCESS,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Parks and Recreation Director Jeff Bell recognized Lonnie Pace of Pace Concrete -for his contribution in materials and labor for installing over 3200 square feet of ,sidewalk for the Little League Complex free of charge.This contribution has been estimated at $9,500.He presented a plaque to Lonnie Pace. Mayor Coleman presented a plaque to Midge Conway in recognition of her years of service to the community. City Manager Curtis Shook commented Mr.Michael Williams was unable to attend tonight's meeting.The legislative wrap-up presentation would be moved to the next agenda. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE :2 OF 38 CALL TO THE PUBLIC Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council. He commented on the invitations and registrations forms printed in the newspapers for the last town hall.He would like to know to whom the invitations had been sent,as if they were sent to groups of special interest in the planning then the priorities of the city would not have been represented as a whole.He commented he did not believe the average citizen or opponents of such spending would have attended the town hall,and that the town hall was slanted towards those special interests that attended.More weight should have been given to the feedback from the survey.He questioned the success of the latest downtown development efforts.Businesses will build stores as activity warrants irrespective of any development district.I t is not the purpose of city government to promote growth or increase city tax revenue.He commented on the city's rollback provision in the tax code.I t only applies to retail sales,not utilities or rent.It does not apply to food unless a single item of food is purchased for over $2,000.The rollback in effect has the wealthy paying less of a tax percentage on the amount of a purchase.than the poor.It makes the sales tax even more regressive.Those who can afford expensive items are being subsidized.He urged the city to make the sales tax less regressive by eliminating the sales tax on food and rent.The loss of revenue can be made up by repealing the rollback feature. He urged the council not to repeal the tax on health club memberships and fitness centers.Additional funds can be raised by raising usage fees.Money can be saved by reducing the city's economic efforts and by paring down the expansion plans.He requested the need for the emergency clause on the capital facilities plan be explained or council should remove it.He would like the citizens to be able to refer the tax to a vote,and urged the council to vote for a reconsideration. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He thanked the city for instituting his recommendation for more descriptive information on the consent agenda.He will be having a drive for signatures on the referendums for the capital facilities plan and the sales -tax this weekend and he invited the councilmembers and members of the audience to come.He recommended anger management training be given to the councilmembers. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 3 OF 38 CITY MANAGER'S REPORT City Manager Curtis Shook commented he had attended a meeting today with Councilmember Urich and Pat Brenner at the League of Cities and Towns regarding federal programs and devolution to the states.The League's intent is that strong cities make a strong state.The League is working on a proactive program to notify everyone what the cities do in the way of services.This has to do with the yearly attack on city revenues and city authorities by the legislature,plus the initiative to eliminate the state income tax.There is a possibility the initiative will make the ballot. PUBLIC HEARINGS PROPOSED RESOLUTION NO.00-14/FRY'S NO.65 COMMERCIAL SUBDIVISION FINAL PLAT/CASE SD -99-05 )Associate Planner Paul Michaud briefed the council on the item.The site is zoned C-3/PD.The final plat substantially complies with the preliminary plat. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He urged the city to check with the state on constructing a deceleration and right turn lane on Idaho for southbound traffic that wanted to turn westbound into the shopping center.He commented there had been a question on a right turn lane for a subdivision to the east;there already is a right turn lane and he wanted to have i t clarified that it would remain. Associate Planner Paul Michaud stated that right turn lane is on the state highway.The city cannot require i t and the state does not require it. Mr.Tom Schuelke commented this would be for people coming off the property and wanting to turn onto the state highway.He thought they could require it.These people currently have an exit requiring a right or left turn.He wanted to make sure it would not be REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 4 OF 38 one lane for those going east as all the northbound traffic would be holding up the southbound traffic. City Manager Curtis Shook stated there already is a right turn lane there.Regarding the deceleration and turn lane on Idaho,the city has previously requested a deceleration lane there but the state has turned i t down. Mr.Tom Schuelke requested that they ask again since the development is expanding.Otherwise,there will be no change in the roadway to the east. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He recalls stating in the past that this right turn lane issue would be a problem for traffic.There have been two substantial accidents at that intersection during times when he has driven by.He recommended a no left turn sign be erected there and make everyone turn right.This would eliminate the problem with the left turn lane. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.00-14,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT,CASE NO. SD -99-05,FRY'S NO.65 COMMERCIAL SUBDIVISION,BE APPROVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1128/CASE PZ-00-06, MAJOR AMENDMENT TO A PLANNED DEVELOPMENT FOR THE PURPOSE OF APPROVING A DEVELOPMENT PLAN BY BUD AND JOAN MITCHELL REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 5 OF 38 )Associate Planner Paul Michaud briefed the council on the item.This was zoned earlier for CI-1/PD,light industrial by planned development.The applicants are proposing an office and warehouse for a local residential and commercial painting company.The use is compatible with other uses in the area.The site plans and elevations are in basic conformance.Three of the five lots will be developed at this time;the southern lots will have a different planned development amendment later.The planning and zoning commission voted 6-0 in favor of this plan.The commission recommended the front wall be only 3'high in order to shield any headlights.All paint waste will be disposed of on job sites.The trash enclosure will be located at the northwest corner of the site.He briefly went over the sixteen stipulations in the ordinance.There has been no public comment for or against the project. Councilmember Eck asked when i t would be determined if a fire hydrant would be required for this development. Associate Planner Paul Michaud stated that would be determined at the building permit stage. Councilmember Durbala asked about the disposal of the paint. Associate Planner Paul Michaud stated he had contacted the fire district but no additional comments had been forwarded. Councilmember Durbala commented he wanted to make sure it would not be going down any drain lines. Associate Planner Paul Michaud stated he did readdress that but Dave Montgomery made no additional comments. Mayor Coleman requested the applicant address the council. Mrs.Joan Mitchell,5735 E.Reavis, Apache Junction,addressed the council. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 6 OF 38 Councilmember Durbala asked how they would dispose of their paint. Mrs.Joan Mitchell stated they do not do any on -site painting.They do residential and commercial work at subdivisions.Those subdivisions provide containers for the disposal of the paint.Everything they have on -site they store and take to the job site. Councilmember Durbala asked if they would be bringing back half empty containers. Mrs.Joan Mitchell stated they would be thrown out.They only order and take out what they need for the job. Mayor Coleman 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 Durbala MOVED THAT ORDINANCE NO.1128 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1128,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 7 OF 38 VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-12/ADOPTING THE PROCESS AND CRITERIA FOR EVALUATING - RESIDENTIAL PROJECTS REQUESTING INCOME TAX CREDITS THROUGH PROGRAM IMPLEMENTED BY THE STATE OF ARIZONA DEPARTMENT OF COMMERCE ) )Development Services Director Glen Van Nimwegen briefed the council on the item.The resolution adopts a score sheet that will be used in evaluating low income tax credit projects and adopts the process.I t allows for direction to staff to write a letter of recommendation to the Department of Commerce. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked if these tax credits could be expanded to anything but apartments,such as town homes and duplexes.This would allow some diversity in housing. Development Services Director Glen Van Nimwegen commented i t is not just multi -family projects.They could apply for a town house project.However,it would have to be a rental project.I t is a federal program that is implemented by the State of Arizona.The local community can only make a comment on the developer who is asking for the loan and tax credits. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.00-12,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE PROCESS FOR AND USE OF CRITERIA IN MAKING RECOMMENDATIONS TO THE -STATE OF ARIZONA DEPARTMENT OF COMMERCE ON LOW- REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 8 OF 38 INCOME HOUSING TAX CREDIT PROPOSALS WITHIN THE CITY OF APACHE JUNCTION,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RECOMMENDATION TO THE ARIZONA DEPARTMENT OF COMMERCE ON A PROPOSED MULTI -FAMILY PROJECT LOCATED AT THE SOUTHEAST CORNER OF OLD WEST HIGHWAY AND ROYAL PALM ROAD, GLENN WALLING DEVELOPER )Development Services Director Glen Van Nimwegen briefed the council on the item.This project was first seen a year ago.This is for a 176 -unit project.The underwriting manager for the Department of Commerce is requesting the city manager respond on i f there is a market for such a development and i f it meets the city's policies and regulations.The applicant met with surrounding property owners on April 1,1999.Council then decided they wanted a more comprehensive way of reviewing these.Staff responded to the Department of Commerce in a neutral fashion at that time.The project has now changed.The units have been moved to create a larger buffer to the south,and it was originally for 168 units. He briefed the council on the project's scores under each criteria;the total score amounted to 54 points or approximately 41%of the total points. Councilmember Eck asked if this is currently zoned so that any type of business can go in the front part. Development Services Director Glen Van Nimwegen stated that is correct,i t is the less restrictive of the commercial zones.He believes the height will allow 35'in this district. Councilmember Eck commented this was not being considered an infill site.He asked if it is being considered retail. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 9 OF 38 Development Services Director Glen Van Nimwegen stated he considers a site infill if it is completely surrounded by development.There is vacant land across Old West Highway and this is not really in the center of town. Councilmember Insalaco asked if he knew the percentage of residents in the area that would rather see that property left commercial or if they would like to see a housing complex. Development Services Director Glen Van Nimwegen stated he had no estimate.The comments were mixed,but he believes the majority would rather not see any development on the property. There was one person who was happy to see a crime -free residential project being developed. Councilmember Insalaco asked if he knew how the apartments were going behind the old ABCO. Development Services Director Glen Van Nimwegen stated they are waiting for certificates of occupancy on 3 of the buildings.The others are being rented,with the project being approximately 500 full right now. Councilmember Insalaco stated they have only been open for about a month. Mayor Coleman asked if this is an all or nothing recommendation to the state. Development Services Director Glen Van Nimwegen stated that is how he interprets it.Their staff indicated that they find i t difficult to recommend approval if a city has come out against it.However,they do not have to deny i t if the city comes out against it. Councilmember Durbala commented very few of these will come in with a planned development overlay when they are asking for these tax credits. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 10 OF 38 Development Services Director Glen Van Nimwegen stated that is correct,unless part of the planned development was to relax some requirements and increase others. Councilmember Durbala asked what would constitute high density housing towards the center of the city.There is no criteria to determine what is the center of the city.There are sidewalks in this area that would direct pedestrians towards the downtown area.I t appears different now that they have one to look at whereas before they were looking at the criteria without some of the questions that have been brought up. Mayor Coleman stated he thought the redevelopment district would be used,which is what staff had done. Councilmember Durbala asked what the criteria would be for it to be considered part of the center of the city. Mayor Coleman stated it would have to be in the redevelopment district. Vice Mayor Surra stated there are no sidewalks between this property and the college. Councilmember Durbala commented there are a lot of areas going into the downtown area that have no sidewalks. Vice Mayor Surra commented he brought up the idea of the sidewalks to direct the pedestrian traffic. Councilmember Durbala commented there are partial sidewalks.He added staff is not looking at i t being part of the center of the city unless i t is in the redevelopment district. Development Services Director Glen Van Nimwegen stated i t is also at least .5 mile or greater from the downtown. He is not sure that would place it within walking distance of downtown.If it was in the redevelopment area or adjacent to it they would consider it.He would not consider this in close proximity to downtown. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 11 OF 38 Councilmember Dietz agreed. Councilmember Durbala asked what he would consider a normal proximity. Development Services Director Glen Van Nimwegen stated most retail people will tell you people do not want to walk 300'or more to a downtown area. Councilmember Urich asked what would happen if they base certain points on an applicant's letter and later a different applicant comes in or the project is changed.She wanted to know the recourse the city would have. Development Services Director Glen Van Nimwegen stated he believes the developer would be willing to draft a development agreement to formalize what he is presenting tonight.The state is asking for a response by Friday. Councilmember Urich asked if there were any safeguards built in after the points are assigned. City Attorney Joel Stern stated these are essentially funds coming from the state to the applicant.The applicant is not bound to anything the city could make enforceable,unless there is a development agreement.A development agreement would be enforceable in the courts. Vice Mayor Surra asked if the applicant addressed the safety concerns on the entrances and exits on Royal Palm mentioned by the neighbors. Development Services Director Glen Van Nimwegen stated he had not spoken to him about that.They are currently only showing one point of access on Royal Palm. Vice Mayor Surra commented that was their concern. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 12 OF 38 Development Services Director Glen Van Nimwegen stated he is not aware of any changes. Vice Mayor Surra commented she could say no to the criteria that there was substantial affected community involvement and input in the design of the project.Suggestions were offered but not addressed. Development Services Director Glen Van Nimwegen stated they did have the one neighborhood meeting which is normally required by the city. Vice Mayor Surra recalled that the acceptance of the project was low because of the safety concerns.There are a lot of children in that subdivision. Development Services Director Glen Van Nimwegen stated the developer is here to present his project. Councilmember Dietz asked if the only way they can be assured they would get what is proposed is to have a development agreement. Development Services Director Glen Van Nimwegen stated that is correct.They would also have to meet the normal city regulations and ordinances to get a building permit. Mayor Coleman requested the applicant address the council. Mr.Glenn Walling,13040 Hohanna Road,Lakeside,California,addressed the council.He had been told by Department of Commerce staff that they will reject any project that does not have community support,regardless of the score.Since they received no score from the city last year,the department threw out the project from consideration.He bought the property last year and has touched base with staff periodically to determine the criteria that was being drafted.He commented this is the first city he has tried to develop a project in where the city council has been involved;he usually only deals with staff.He had REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 13 OF 38 already re -filed his application when the criteria came out about a month ago. He called over to see if a development agreement needed to be done immediately.He was told to write a letter committing to a development agreement that would meet the wishes of the city.He has done that.His request is to help develop the property using tax credits.If you do not use tax credits,you calculate your yield per square foot on the apartment.The tax credits allow them to build larger units with more amenities;these are in great need.Pinal County has told him they have a 100 -person waiting list for quality three bedroom apartments.The tax credits will only be for a portion of the units.They will be for 100 of the 176 units.The free market apartments will not have the restrictions that the tax credit apartments will have.The tax credit program does not involve rent subsidies.They will participate in a crime -free program.The tenants will be screened for criminal records;if they have one they will be rejected.If they are caught doing anything illegal,are convicted of something illegal or are witnessed doing something illegal,they are immediately evicted.The tenants sign a written agreement to that effect when they move in.All tenants will have to prove they have sufficient income and good credit.They are budgeting and preparing to pay all development fees associated with the project.He is willing to sit down and work out a development agreement involving the requirements and desires of the city.He commented there are scoring criteria where he received low marks that he is willing to do;these would increase his score by 21 points.He did add buffering to the south that was requested by the neighborhood.The only limit to the neighborhood input will be the feasibility factor,financially and physically.They will do what can be done to have a quality project.He is willing to have more meetings with the neighbors to get more input.He has a history of working with the neighborhoods,initiating an agreement with the City of Mesa,the neighbors and himself.However,it was difficult in Mesa to find who would sign for the neighborhood.The buffering and the ends of the buildings have already incorporated neighborhood input for this project.He commented some of the amenities will be a clubhouse,pool,spa,management office,pay laundry room and individual hook-ups in the apartments for laundry,covered parking,sport port,tot lot,barbecue areas and the open space.They are able to do these if they get the tax credits.If they do not get the tax credits,they could not build with as many amenities and would have to have a higher density. These are designed garden style.They can have more three bedroom units because that is what the market is demanding. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 14 OF 38 Councilmember Urich asked if there are contingency development plans based on the awarding of points. City Attorney Joel Stern commented he believes the state wants a letter basically saying whether the city recommends the project or not.They do not care about if a development agreement is entered into or not.If a condition is added,the state may reject because of the contingency. Mayor Coleman commented they have worked hard as a city to develop a permanent base of residents.He noticed the description states that ten units must be set aside for migrant farm workers.He asked if that was ten units per building or ten units of the 176 units. Mr.Glenn Walling stated i t is a total of ten units.The document referred to was prepared by the state.I t is their typographical error.I t is a total of ten units. Vice Mayor Surra asked if they misunderstood his application. Mr.Glenn Walling stated i t actually says ten units each at 40%,30% and 20%.Those are income levels,so there would be ten units each at those income levels. Mayor Coleman stated i t is therefore ten units each at 50%,ten units at 40%,ten units at 30%. Mr.Glenn Walling disagreed. The council in general agreed that it was saying ten units at each income level,which calls for more than a total of ten units. Mayor Coleman corrected himself.I t stated 40 units at 502,and ten units each at the other income levels.This would amount to a total of 70 units. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 15 OF 38 Mr.Glenn Walling commented the last sentence is addressing income levels for establishing rent levels.That is the percentage of units at each level.I t is unrelated to the migrant farm workers. Mayor Coleman asked how many units would be set aside for migrant farm workers. Mr.Glenn Walling stated there would be ten units total.The sentence he is referring to also means ten units each for the physically disabled.The state wants this done all around the state as much as possible.Only one member of the family has to qualify as a seasonal migrant worker;the remainder of the family can have stable year- round jobs in the neighborhood. Councilmember Eck asked if the units could be rented to others if they do not get ten seasonal migrant farm workers. Mr.Glenn Walling commented if the commitment is not working within a reasonable amount of time,then the state will compromise on that commitment.They will not force the businesses to sit with a few empty units. Councilmember Eck commented there are few farmers that come to Apache Junction. Councilmember Durbala stated there are usually winter visitors. Mr.Glenn Walling stated these would only amount to 5%of the total units,so the project could be 95% occupied. The risk of having them in there does not jeopardize the project. Vice Mayor Surra asked if those renters would have to meet the same criteria that all other renters would have to meet. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 16 OF 38 Mr.Glenn Walling stated that is correct.There are no exceptions. Vice Mayor Surra asked him about the entrances.The issue was the entrance being only on Royal Palm.She commented she was surprised he did not meet with the neighbors again in the last year and get some community support behind him.She asked what he had done about insuring the safety of the people going in and out of the one entrance. Mr.Glenn Walling stated he was willing to have two entrances if the city wants them to. Vice Mayor Surra commented there is a divided highway where the entrance is on Royal Palm.She asked where that would line up on Royal Palm. Mr.Glenn Walling stated he is anticipating having to cut the island so that people do not have to go down to the end to enter or exit the apartments. Vice Mayor Surra asked if everyone was going to come in and out across Royal Palm;that is the major entrance to the subdivision. Mr.Glenn Walling stated that is the way i t is shown,and that is the input of city staff.He would be willing to put an entry off of Highway 60.He has to look at the safety considerations for the people living in his project,also.He would like to put the entrances and exits where they are best suited for the neighborhood. City Attorney Joel Stern asked if he was willing to pay for a traffic count in that area. Mr.Glenn Walling stated he would. He did not believe it would cost much. City Attorney Joel Stern asked Doug Dobson how much one would cost. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 17 OF 38 Vice Mayor Surra stated that would only tell you who is going in and out on Royal Palm now.There will be another 176 units added afterward,and that traffic will be combined with the present traffic from the subdivision.There is no way to count that at this time. Councilmember Durbala commented staff told him that is where they wanted the entrance.He has now stated he would be willing to put an additional one out on Old West Highway.He does not see the need for any discussion on this. Vice Mayor Surra asked Mr.Walling how he resolved the issue when the residents of the area approached him with this concern.She asked if he had any alternative plans prepared. Mr.Glenn Walling stated he told the neighbors he would work with them and the city staff to do whatever they wanted out there. Vice Mayor Surra stated they have had a year to work on this. Mr.Glenn Walling he is not a developer out here. Vice Mayor Surra commented they had a year to get the community support.They could have shown them some alternative entrances and exits. Mr.Glenn Walling stated he committed to put it where the city staff worked it out. Mayor Coleman stated this is about whether the city agrees to allow tax income credits for this type of development at that corner. Vice Mayor Surra stated they cannot be certain that the plan will be altered conceptually without the development REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 18 OF 38 agreement.This shows one entrance and exit right next to each other on Royal Palm. Councilmember Durbala asked if city staff told him that they wanted ingress and egress on Royal Palm. Mr.Glenn Walling stated they did, but even they know he has not submitted plans for them to officially say that yet. Councilmember Durbala asked if he would be willing to change the plans to come out on Old West Highway. Mr.Glenn Walling stated he would Councilmember Durbala commmented he believed city staff would agree if the traffic study shows i t should be there. There should not be a safety issue if this is what staff told him what to do. If others believe there is a safety issue and staff agrees the entrance should be placed on Old West,he would be willing to make the change. Mr.Glenn Walling stated that is correct. Councilmember Urich asked if he would be willing to pay for a traffic light at Royal Palm and Old West Highway. thought that was a little extreme. Councilmember Durbala commented he Councilmember Insalaco agreed. Councilmember Durbala commented they are almost going into the plats with these questions. Councilmember Urich commented these are some of the neighborhood concerns. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 19 OF 38 Councilmember Durbala stated he has not heard that from any of the neighbors and he lives in that subdivision,as well as two other people on the council. Councilmember Urich commented they are concerned with the traffic there.She is doing this from a safety standpoint. Councilmember Durbala questioned the legality of making someone put in a stoplight. Councilmember Eck commented this is just for the concept.He asked if the next stage would be the development agreement where these concerns would be discussed. Vice Mayor Surra commented he does not have to do a development agreement. Councilmember Eck stated they would have no control if they gave them the points. Vice Mayor Surra stated that was correct. Development Services Director Glen Van Nimwegen stated he is telling us what he is going to do,but there is nothing forcing him to do that. Councilmember Eck asked if he was aware over the last year that the city would want a development agreement. Mr.Glenn Walling stated he became aware of it in the last 30 days.He called staff to see if one needed to be executed before the council meeting and he was told to send a letter saying he would commit to doing a development agreement.He sent the letter. Development Services Director Glen Van Nimwegen stated there was no time to negotiate a development agreement then.He was notified of the criteria early in the study session.He REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 20 OF 38 suggested they send a letter stating what they would put into a development agreement. Councilmember Urich wanted her question answered on the traffic light. Mr.Glenn Walling stated they would put in a traffic light.This development process is just to get the tax credits.If they do not have the tax credits,there would be no public hearing involved in taking a set of plans to the building department and working out with them what is required according to code.If everything involved makes the project not feasible,they still would not do i t even with the tax credits.If the traffic signal made i t not able to be done,they would not do it.He will do one if it makes the project able to be done. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented this is the second multi -family unit subdivision requesting tax credits in the eight years he has been coming.He commented the score was disappointing.This is a retail area of the city and nothing has been developed in the area.He is concerned about how the change in commerce will affect the central corridor and the area slightly out of the central corridor.Multi -family housing is needed.He was concerned with family values and wondered if they were represented by $150.000 homes.Three bedroom apartments are needed in the community.The applicant has done more to research what is needed in the community and i t is ludicrous that he be questioned about what he has done.He believes there are politics involved in the avoidance of multi -family housing.He asked that he be proved wrong. Vice Mayor Surra commented the issue of the safety of the residents of the multi -family housing development and the existing residential neighborhood is the only issue the council has been talking about.They are concerned with the neighbors already residing there being concerned about the safety due to the amount of traffic there will be in a small area.She wanted to be assured there would be an alternative plan. The conceptual plan shows the same small area as the original development of REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 21 OF 38 the area.This was the concern she heard the most about when the residents met with the developer a year ago.She had expected to see some alternatives and she has not. Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the council.She questioned why this was even being addressed if the general plan does not call for it.She questioned why a general plan should be written if it is going to be changed all the time.She did not see anything on these plans calling for a change of the general plan. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He suggested.that the point allocation regarding something being in the downtown area be scored as ten points for something in the downtown area,5-9 points for something across the street from the downtown area,and 2-3 points for something a little farther down the road.A gradation might not make i t such an issue.He asked i f Broadway would ever go through.This would have a lot of roads intersecting it and it would have to be planned out. go through. know why it does not. a problem. Mayor Coleman commented i t used to Mr.Tom Schuelke stated he did not Mayor Coleman stated the traffic was Councilmember Durbala asked if this project is compatible with the development plan.He believes apartment complexes are compatible under CB -2. Development Services Director Glen Van Nimwegen stated the zoning would allow the apartment complex. Councilmember Durbala asked if the land use is compatible with the development plan. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 22 OF 38 Development Services Director Glen Van Nimwegen stated the zoning would also allow for commercial Councilmember Durbala commented five points were taken away on the score sheet when in actuality i t is compatible. Mayor Coleman asked what the general plan called for. Development Services Director Glen Van Nimwegen stated the general plan does not call for multi -family here. Staff would recommend against this if it were 'a new case.It was to be commercial. Councilmember Durbala reiterated that i t is currently zoned for apartment complexes. Development Services Director Glen Van Nimwegen stated that is correct. Councilmember Durbala commented he is just asking for the tax credits so that they can develop it. Mayor Coleman commented it would be a lighter use than a commercial strip mall that could go in there; Councilmember Insalaco commented that would create a lot of traffic and all kinds of traffic problems. Mr.Elliott Fisher commented a lot of people from around the proposed developments are older and they state they would like to keep i t quiet.He added one of the most heinous crimes committed lately was by a retired person in Sun City.He urged the council to look at what they were hearing.They are continually being told that young people will bring crime into the community and that they will have an impact. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 23 OF 38 Vice Mayor Surra asked if the next step,if this is approved,would be for the applicant to bring in a design for the permit,and if the council would ever see anything more on this project. Development Services Director Glen Van Nimwegen stated it would go through the normal process if they do not bring a development agreement back to them. Vice Mayor Surra commented he would have to go through an engineering study that he would have to supply for drainage.She asked if any of it would impact on the ingress and egress to the project from the current plan he is showing. Development Services Director Glen Van Nimwgen stated that would be at the discretion of the engineer.He would address the traffic study if it is needed.He believes that the fire district will want more than one point of access. Vice Mayor Surra commented since that was the only concern of the nearby residents,she wanted to be assured that the safety issue would be addressed at another time. Development Services Director Glen Van Nimwegen commented he would hope Mr.Walling would invite everyone living within 300 feet to a meeting to discuss the project again.That could then be worked into a development agreement. City Manager Curtis Shook suggested they get Mr.Walling on the record that he is committing to doing those things.He would like him to work with his office to draft up an appropriate development agreement that would have all those things in it.Any letter written should say it was based on the representation of the developer.I f the promises were not kept during the submittal process,the city could then write a new letter to the state saying i t had reconsidered the project and asking them to give the tax credits to someone else. Councilmember Insalaco commented he thought he already was on record. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 24 OF 38 Vice Mayor Surra commented he is on record for wanting to do a development agreement,but not what i t constitutes. He commented he would do whatever the city requested of him regarding the entrances and exits and that he would continue with the greater buffered area abutting the subdivision. Mr.Glenn Walling stated that is correct.He added if what the city requires of him will put him out of budget,he may not do the project.He might abandon the project.He will do what the city wants or do nothing. City Manager Curtis Shook suggested that be put in a letter along with the parts of the minutes where Mr.Walling made those commitments. Mayor Coleman asked if he was willing to agree to the things outlined in his letter,including the crime- free,city development fees,the development agreement,and neighborhood input. Mr.Glenn Walling stated he was willing to agree to all of that.He added they already have a letter in front of them that he has signed and he will honor everything in that letter. Everything that he has put in the flyer will be honored by him. Councilmember Urich asked if he would honor the traffic light. Mr.Glenn Walling stated he would. The council consensus was that he would not have to honor that request. Councilmember Durbala commented the council has been told many things by other developers who have come in here. As a result,they are leery of developer's promises.This is why they wanted everything on record. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 25 OF 38 Mr.Glenn Walling stated the state still has to do the balance of the scoring,and only 14 out of 50 applicants will win.They have to have the city's recommendation to be considered.I f he does not get the tax credits,the project will not get done. Vice Mayor Surra asked if the little building on the corner is part of his property. Mr.Glenn Walling stated i t is on his property and he has already had to board i t up. Vice Mayor Surra stated there has been some plant removal from the property,including some large saguaros.She asked if he had cleared the property without permit. Mr.Glenn Walling stated he was not aware that anything had been removed. Vice Mayor Surra suggested he get familiar with the city's regulations regarding work on that property before a permit has been issued. Mr.Glenn Walling stated he would. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE CITY MANAGER BE GIVEN THE FOLLOWING DIRECTION REGARDING PREPARATION OF A LETTER TO THE DEPARTMENT OF COMMERCE REGARDING GLENN WALLING'S REQUEST FOR LOW INCOME HOUSING TAX CREDITS FOR HIS MULTI -FAMILY PROJECT LOCATED AT THE SOUTHEAST CORNER OF ROYAL PALM ROAD AND OLD WEST HIGHWAY:THAT HE INCORPORATE THE SUGGESTIONS THAT WERE MADE HERE TONIGHT IN HIS LETTER,INCLUDING THE ITEMS THAT MR.WALLING WOULD AGREE TO SINCE WE DO NOT HAVE AN ACTUAL DEVELOPMENT AGREEMENT;THAT A SECOND THING,I WOULD GIVE HIM A VERY HIGHLY FAVORABLE RATING FOR HIS TAX CREDITS. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 26 OF 38 There was general discussion on whether the letter should give a "highly favorable rating".It was determined that the state only asks for a favorable or unfavorable rating. Councilmember Durbala amended his motion to read A FAVORABLE RATING. City Clerk Kathleen Connelly stated the letter needs to include all the comments,promises,and agreements made tonight. There was general discussion on what the letter needs to say. City Attorney Joel Stern stated i f they put in all the promises the state could see that as a condition and they could just deny the application.It may look like a contingency to them. Councilmember Durbala amended the motion to MAKING IT A FAVORABLE LETTER AND THE OTHER LETTER WOULD GO TO MR. WALLING.He asked Kathleen Connelly if she would change the whole motion. Vice Mayor Surra asked if he was withdrawing his original motion. Councilmember Durbala stated he was not. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 27 OF 38 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION CITY POLICY ON EASEMENTS AND RIGHTS -OF WAY )Vice Mayor Surra briefed the council on the item.I t has been suggested that substantial information be handed out whenever there is an inquiry for abandonments,private access ways or others.The information should be in layman's terms.This will prevent the public from paying for something they do not have a chance of getting. City Clerk Kathleen Connelly stated there is a councilman missing. Mayor Coleman stated Councilmember Dietz had to excuse himself due to an emergency. Vice Mayor Surra stated she wanted to give direction to staff to formulate some kind of handout.The other alternative is not to do any of these again. Councilmember Durbala asked if they had been able to find the information on this. City Manager Curtis Shook stated the legal process and the form is near completion.The city attorney will have i t off his desk by the end of the week.He and Doug Dobson will put together a letter clarifying that you take your chances when you pay your money,as the city may not give up routes that may be needed for emergencies or cross streets.It will advise them that the incidence for abandonment will have a very low percentage. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 28 OF 38 Councilmember Durbala suggested they add something about the public utilities since the city may not know about those.They should know that nothing can be built on there. City Attorney Joel Stern stated there will be a fact sheet with the application explaining the process and what can be abandoned and extinguished.Doug Dobson should be getting the draft modifications very soon. Public Works Director Doug Dobson asked if it would be feasible to send the letter out to the 90 people who have made requests before they even come in to get a package. City Manager Curtis Shook stated he could.There should be some discussion on how to make that manageable,plus the making of a timetable. City Attorney Joel Stern commented he is also requesting that Ordinance No.1111 and 1113 be attached,the amendments to Chapter 13 and the fee sheet.They will then know what they are getting. Vice Mayor Surra commented i t needs to be made clear that even if a federally patented roadway is granted abandonment,the public utilities right-of-way is not extinguished. City Attorney Joel Stern commented that is included in his memo.He asked the council if they wanted to amend the private access way standards under the zoning ordinance. Vice Mayor Surra asked if those are the ones that are for those that have no roads connecting to various properties in a row. City Attorney Joel Stern stated they are for the convenience of the property owners who do not have access. Vice Mayor Surra stated that is where the hardest issues have come before council.The first person who comes REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 29 OF 38 in gets the access and the others are left out.She is not sure all of these accesses should be allowed,especially since they cannot be kept to standards. The city and everyone else loses all the way around. City Manager Curtis Shook stated i t is a good thing for the landowners who want to develop their properties.I t is a bad thing for the city. Public Works Director Doug Dobson stated they have to meet public access valley paving standards.There should be 4"of ABC or some other compacted material.They can pave the streets so it can be maintained. Vice Mayor Surra brought up the last case where three landowners on one side got the easement:the owners on the other side would not have gotten access unless the city had helped them to negotiate.They would have had to give another easement and she did not like doing that. City Manager Curtis Shook stated everybody likes everyone at the beginning.However,disputes generally arise later and they come to the city for relief.The city does not have any authority. Vice Mayor Surra stated they have to stop doing that. Councilmember Eck asked if they would have to be city streets in the future. Vice Mayor Surra commented they got into trouble with the last property because of the way the properties had been split. Councilmember Eck commented he was talking about the 5 acres that were broken up on Wickiup.They required the access roads to be paved. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 30 OF 38 City Manager Curtis Shook commented this is another area with different issues.City liabilities need to be addressed.He would like to look at that item separately. Vice Mayor Surra asked if they could have that as a separate item at another time. Councilmember Durbala commented he wanted to make sure it would return. City Manager Curtis Shook agreed that i t is time to address the private access easement. City Attorney Joel Stern commented the direction should be to bring this particular issue back for another discussion on whether i t should be repealed. Vice Mayor Surra commented the other items could be brought back at the same time to show what progress has been made. City Attorney Joel Stern commented every councilmember will get a copy of the forms and the application package once they are finalized.That could be done administratively without direction. Councilmember Eck stated there would be direction only tonight with no changes. City Manager Curtis Shook stated they are telling staff to finish what has been started. City Attorney Joel Stern stated staff only needs the direction for the private access way standards. Vice Mayor Surra MOVED THAT THEY WOULD LIKE THEM TO BRING THAT BACK AT A FUTURE DATE WITH ALL OF YOUR RECOMMENDATIONS BASED ON ALL OF THE HISTORY THAT WE HAVE HAD IN THE LAST COUPLE OF YEARS. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 31 OF 38 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DATE/TIME/LOCATION/FORMAT AND AGENDA FOR EDUCATIONAL WORK SESSION ON OPEN MEETING LAW,EXECUTIVE SESSION,ETC. )City Attorney Joel Stern stated he called Tim Delaney,the Chief Deputy Civil Attorney of the Attorney General's Office.Mr.Delaney had stated at a previous meeting that they would like to educate the public entities via work sessions and school district board meetings.He will try to get someone to talk about conflicts of interest,public record acts,and any other issues they feel might be necessary. Vice Mayor Surra suggested open meeting laws,confidentiality,executive sessions,the new laws regarding call to the public,and they would also like the boards and commissions to be so educated. There was general discussion on whether this would be a work session or a hearing,and on what night of the week they wanted to have the work session. Vice Mayor Surra MOVED THAT THE EDUCATIONAL WORK SESSION BE SCHEDULED FOR A REGULARLY SCHEDULED WORK SESSION ON A MONDAY NIGHT,IF POSSIBLE. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON PROPOSED DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 32 OF 38 REGARDING MARKET DAYS EVENTS IN MOBILE HOME AND RV PARKS )Development Services Director Glen Van Nimwegen briefed the council on the item.He stated council could direct them to do a zoning text amendment which would delete the conditional use permit for market days.It could also be amended to define the items that could be sold at market days and who would be required to get a city business license.If there are violations it could be reverted.If either of these are done,the city attorney will need to advise how it affects the current conditional use permits.A monitoring process could be directed,including the addition of penalties.Staff could be directed to solicit input on the issue,and the planning and zoning commission could be directed to make recommendations. Vice Mayor Surra suggested deleting the section and disallowing future conditional use permit requests for market day events.She commented those with current permits could continue until their expiration date.This would be ,fair and it would give them notice of the change.Anyone who does not hold one could not apply.The rules on the books we adequate,but they constantly hear about discrimination regarding what is allowed in parks but not allowed elsewhere.She would like to end those comments.Everyone is allowed 16 days per year for a yard sale.She does not believe i t should go beyond the scope of what is allowed in any other residential subdivision. Development Services Director Glen Van Nimwegen stated they have one application pending a hearing in front of the planning and zoning commission and another is due for renewal later this month. Vice Mayor Surra stated they do not want to renew any or have any new ones issued.Active permits are -to continue to their expiration date. Mayor Coleman asked if each rental unit was allowed 16 days per year,such as apartments and duplexes. City Clerk Kathleen Connelly stated the code simply defines yard sales as a person selling their own personal REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 33 OF 38 items,not for resale,on their own property.They cannot bring in goods from anybody else to sell.They have 16 days,but they are limited to 4 consecutive days four times a year.They could have 16 days in December and 16 days in January since they are different years.She has never gotten into the issue of owner -occupied versus rental.Each lot could have 16 days. Councilmember Insalaco asked if it would be permitted for 3 or 4 people to get together to have a yard sale. City Clerk Kathleen Connelly stated they could do i t as long as they stayed on their own properties.They cannot take their yard sale items to each other's properties to sell;that could be looked upon as a business. Vice Mayor Surra stated she has been at Apache Villa when an entire street set up as a yard sale,but each set their items up on their own properties.A park could also do something like that. City Clerk Kathleen Connelly stated they can do that right now and call i t a community patio sale. Vice Mayor Surra stated those are all options.They can sell their handcrafts in their neighborhood,but they should not have outside vendors. Councilmember Insalaco agreed. City Clerk Kathleen Connelly stated a companion ordinance to Option 1 is found in the business license section. The only reason that is in the code is because of this process.If one goes away,so does the other.They would both need to be brought back. Councilmember Durbala suggested they be brought back at the same time. City Clerk Kathleen Connelly stated Taleen had said today that there would be no problem with the change. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 34 OF 38 Councilmember Durbala commented she is an excellent employee. Mayor Coleman stated his preference would be either Options 2,3,or 4. City Clerk Kathleen Connelly stated the business license section does not have the staff to do the additional work required in Option 4. Vice Mayor Surra MOVED TO DIRECT STAFF TO PREPARE OPTION 1 ALONG WITH THE BUSINESS LICENSE ACCOMPANYING ORDINANCE TO BE INACTIVATED. Councilmember Durbala SECONDED THE MOTION. VOTE:5-2 (Mayor Coleman and Councilmember Eck voted in opposition.) The motion carried. DISCUSSION AND POSSIBLE DIRECTION TO STAFF ON REPEALING APACHE JUNCTION TAX CODE SECTION 8A -410(a)(2),APPLICATION OF TRANSACTION PRIVILEGE FEE TO HEALTH SPAS AND FITNESS CENTERS )Councilmember Eck declared a conflict of interest. Mayor Coleman stated this was requested by Councilmember Dietz.At last night's work session he expressed concern that more time should be granted to this item.He suggested a motion to continue the item. City Attorney Joel Stern stated they may continue it to a future date or be date specific. City Manager Curtis Shook requested i t be worded to a future date instead of being date specific. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 35 OF 38 when the item could be on an agenda. CONTINUE THIS UNTIL SOMETIME IN AUGUST. MOTION. There was general discussion as to Councilmember Insalaco MOVED TO Vice Mayor Surra SECONDED THE VOTE:5-0-1 (Councilmember Eck abstained due to a conflict of interest.) The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE 19,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JUNE 20,2000,IN THE CITY CONFERENCE ROOM. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmembers Urich and Durbala attended the dedication for the Trail of Flags on Memorial Day.Chief Robert Warner and Doug Dobson placed the last flag in its pole.They both served in the Vietnam War. Councilmember Durbala commented he will not be able to attend the next meeting and possibly one in August due to some seminars he is required to attend. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 36 OF 38 Mayor Coleman commented last week there was an International Neighborhoods USA meeting that the city was a sponsor of. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of May 16,2000. 3.Consideration and action of City Manager and City Attorney Amended Employment Agreements. 4.Approval for request to purchase an additional police patrol vehicle,a 1999 Ford Crown Victoria Police Interceptor at a cost of $23,652.00. 5.Acceptance of a grant from the "Bill and Melinda Gates Foundation"and support letter to be signed by the Mayor. ACCEPTED THIS 20TH DAY OF JUNE ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF JUNE ,2000. DOUGLAS VIEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 37 OF 38 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 6th day of June,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of June,2000. KATHLEEN CONNELLY City Clerk -REGULAR MEETING OF THE CITY COUNCIL JUNE 6,2000 PAGE 38 OF .38