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HomeMy WebLinkAbout2000-08-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 1,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 1,2000,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Durbala 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 City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Public Works Director Doug Dobson Development Svcs.Director Glen Van Nimwegen Others Present:Human Resources Manager Sue Stalcup REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 1 OF 41 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 I HUMBLY REQUEST THAT WE MOVE ITEM NUMBER 21 TO FOLLOW IMMEDIATELY AFTER THE MANAGER'S REPORT;THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES: RECREATION COORDINATOR LIZ LANGENBACH;RECREATION COORDINATOR JAMIE ZACHER: RECREATION LEADER JOHN CONTRERAS;AND RECREATION LEADER WAYNE EMERSON;AND THAT RECEIPT OF THE GREATER ARIZONA DEVELOPMENT AUTHORITY TECHNICAL ASSISTANCE AWARD IN AN AMOUNT NOT TO EXCEED $20,000 BE ACKNOWLEDGED;AND THAT APPROVAL BE GIVEN TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT BETWEEN VERSAR INC.AND THE CITY OF APACHE JUNCTION IN AN AMOUNT NOT TO EXCEED $264,493.00,WITH AN ADDITIONAL 10%IN THE AMOUNT OF $26,449.30 TO BE USED ONLY IN THE EVENT OF UNFORESEEN CHANGE ORDERS,FOR A TOTAL AMOUNT NOT TO EXCEED $290,942.30,FOR THE POOL RENOVATION AND EXPANSION,THE DEVELOPMENT OF THE SKATE PARK,AND THE MASTER PLANNING AND DEVELOPMENT OF A PARK;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT SUBJECT TO FINAL APPROVAL BY THE CITY ATTORNEY;AND THAT RESOLUTION NO.00-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD AND ADOPTING THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2000-2001"AND "THE COMPENSATION SCHEDULE FOR FISCAL YEAR 2000-2001";AND DECLARING AN EMERGENCY;AND THAT THE AWARD OF BID FOR PROJECT NO.PR 99-03,PHELPS DRIVE WASH LANDSCAPING, BE AWARDED TO TRUGREEN LANDCARE IN A BASE BID AMOUNT NOT TO EXCEED $49,838.19, THE ALTERNATE "A"BID AMOUNT FOR 90 DAYS MAINTENANCE IN AN AMOUNT NOT TO EXCEED $1,230.84,AND AN ADDITIONAL 10%NOT TO EXCEED $5,106.90 TO BE USED ONLY IN THE EVENT OF UNFORESEEN CHANGE ORDERS,FOR A TOTAL AMOUNT NOT TO EXCEED $56,175.93:AND THAT THE AWARD OF BID FOR PW 2000-11 FOR CRACK SEAL MATERIALS BE AWARDED TO CRAFCO,INC.IN THE AMOUNT OF $0.1918 PER POUND:AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 2 OF 41 THAT THE AWARD OF BID FOR PW 2000-10 FOR WASHED CHIPS BE AWARDED TO UNITED METRO MATERIALS,INC.IN THE AMOUNT OF $10.60 PER TON;AND THAT THE AWARD OF BID FOR PW 2000-12 FOR CHIP SEAL EMULSIONS BE AWARDED TO COPPERSTATE EMULSIONS IN THE AMOUNT OF $0.963 PER TON;AND THAT THE AWARD OF BID FOR PW 2000-14 FOR TIRES BE AWARDED TO JAMES TIRE IN AN AGGREGATED BID AMOUNT OF $5,550.05 AS DETAILED IN THE COST PROPOSAL SUBMITTED BY JAMES TIRE ON JUNE 20,2000;AND THAT THE AWARD OF BID FOR PW 2000-17 FOR SAND AND AGGREGATES BE AWARDED TO CEMEX USA IN THE AMOUNT OF $7.30 PER TON;AND THAT THE AWARD OF BID FOR PW 2000-18 FOR SIGN MATERIALS BE AWARDED TO 3M IN THE AMOUNT OF $7,871.76 FOR VINYL SHEETING AND BE AWARDED TO NEWMAN SIGNS IN THE AMOUNT OF $2,992.50 FOR SIGN BLANKS;AND THAT THE AWARD OF BID FOR PW 2000-21 FOR STORM DRAIN PIPE BE AWARDED TO CONTECH CONSTRUCTION PRODUCTS,INC.IN THE AMOUNT OF $43,710.14;AND THAT THE CONTRACTS FOR HUMAN SERVICES FUNDING FOR FY 2000-01 BE APPROVED AS FOLLOWS:APACHE JUNCTION REACH OUT,INC.,$15,000;BOYS AND GIRLS CLUB OF THE EAST VALLEY,$17,000;COMMUNITY ACTION HUMAN RESOURCES AGENCY,INC.,$12.000; MESA SENIOR CENTERS,$20,000;AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, $16,000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 3 OF 41 Mr.Peter Sanchez,2110 W.Roundup,Apache Junction,addressed the council regarding the law pertaining to fitness center taxes.He does not believe fitness centers should be categorized as entertainment establishments.The tax is not fair according to what is defined as an entertainment establishment.The purpose of the fitness center is health,fitness and wellbeing.This tax could prevent large fitness centers from moving to Apache Junction. Mrs.Claire Lansing,305 N.Plaza Drive,Apache Junction,addressed the council regarding the law for amusement and entertainment establishments concerning fitness centers.She and her husband own the Saguaro Family Fitness Center.They paid the tax beginning 9 years ago.After 3 or 4 years the state advised them the tax had been amended and it was no longer appropriate at the state level.A few months ago they were advised by the city that they had to pay this tax.She took personal offense to this as they have always done things to help the community.It made her feel like a lawbreaker or tax evader.She appreciates the council listening to her and talking about this in a public manner.She understands this is an optional law at the city level.There are other cities that do not tax fitness centers because they are considered a health benefit and a service to the communities. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council. He was concerned about an applicant being allowed to speak at the work session.He requested the agenda be more precise in its description to enable neighbors to attend who wish to hear these discussions in the future.He commented it was mentioned at the work session that narrower streets may be better for the environment,the city's first concern should be safety.There needs to be enough room on curves in case a driver wanders and a good buffer zone for parked cars.He suggested paving the streets to reduce dust or find a different material to reduce heat retention.Do not reduce the street width.The new businesses and shopping centers currently coming to the city are not in the redevelopment districts.He urged the council to reconsider spending public funds on these districts.He again urged council to repeal the residential sales tax on renters and asked council to request staff to review the matter if they agree with him. Mr.Ron Kill,349 S.Saguaro,Apache Junction,addressed the council to advise them he would be bringing some kids to the meeting in a couple of weeks. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 4 OF 41 Mr.William Luck,1983 W.Falcon Drive,Chandler,addressed the council to introduce himself as a candidate for District 7 representative.He is concerned about the issues in all of the cities in his district.He will be coming out to meet people in his district. City Attorney Joel Stern stated the council could now respond to any criticisms made as there were no more speakers at Call to the Public. Mayor Coleman stated the title of the section regarding the taxation of fitness centers is Amusements,Exhibitions and Similar Activities.Local Option H gives each city the option of adopting or opting out the tax on these items.Local Option H is health spas,fitness centers,and other persons who charge for the use of premises for sports,athletics,or other health -related activities whether on per event basis or long term usage.Another local option is the imposition of tax on gross income from golf green fees.There are also other local options.The original council that adopted this chose not to opt anyone out.He believes that is the smartest way to go:everyone pays the same amount.This prevents the question of where the line is drawn or who one knows.There is also the question of what constitutes health - buying health food at the store or a massage being for mental health.The tax is not payable if the activity is prescribed by a doctor.He feels that since i t is specifically listed under similar activities,than i t should be taxed. Vice Mayor Surra commented the council cannot make a judgment call on a particular business falling into the wellbeing category as that is subjective. She is aware of contributions made by health -related activities to the community and this is not a criticism of the business for not understanding that the local tax had not been repealed. Mayor Coleman commented this is back on the agenda because there are some councilmembers interested in the issue. CITY MANAGER'S REPORT City Manager Curtis Shook commented the council had acknowledged receipt of the Greater Arizona Development Authority $20,000 Technical Assistance Award. This is a state investment pool to allow smaller communities to take advantage of state bonding capability at a lower rate and without cost of issuance. This is one of the ways found to help defray the cost of the Capital REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 5 OF 41 Facilities Plan.This money will be used to assist in paying for a centralized plan for the central business district.Their officials like our project and they think it will rank very high for additional low interest loan funds from the program.There is the possibility of millions of dollars in assistance. NEW BUSINESS APPOINTMENTS/REAPPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS )City Clerk Kathleen Connelly briefed the council on the item.Council interviewed the applicants for appointment or reappointment two weeks ago at the work session.Most of the boards and commissions have term expirations of June 30,2003,but there are some that have other expiration dates.The applicants were notified that the appointments would be made this evening,and some current board and commission members were at the work session last night to participate on the items regarding the new open meeting law and conflict of interest law. There was general discussion as to how the council would proceed with the appointments.It was determined they would not interview any applicants that had been unable to attend the interview work session.Councilmembers could give their opinion as part of the consideration for those applicants that had been unable to attend,they would make the appointments individually,and they would consider the longer terms first. Councilmember Eck MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE BOARD OF ADJUSTMENT:JOHN HARTWIG,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 6 OF 41 Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT IN THE GENERAL CONTRACTOR CATEGORY TO THE CONSTRUCTION CODE BOARD OF APPEALS:GERALD DUNN,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT IN THE CONTRACTOR OTHER THAN GENERAL CONTRACTOR CATEGORY TO THE CONSTRUCTION CODE BOARD OF APPEALS:MEL MULHOLLAND,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Eck MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT IN THE LAY PERSON CATEGORY TO THE CONSTRUCTION CODE BOARD OF APPEALS:JOHN FORD,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman stated they still need a professional architect or engineer but there are no applicants. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 7 OF 41 Councilmember Dietz MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE HEALTH AND HUMAN SERVICES COMMISSION: RUTH WATERS,FOR A TERM TO EXPIRE JUNE 30,2003. Vice Mayor Surra SECONDED THE MOTION. VOTE:6-1 (Councilmember Durbala voted in opposition.) The motion carried. Vice Mayor Surra MOVED TO NOMINATE BARBARA MUETING FOR THE HEALTH AND HUMAN SERVICES COMMISSION WITH A TERM TO EXPIRE JUNE 30,2003. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion on the Industrial Development Authority.It was decided to proceed with the next board and come back to this later. Vice Mayor Surra MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE LIBRARY BOARD:VIRGINIA FOAT,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 8 OF 41 Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE LIBRARY BOARD:BARBARA MUETING,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman MOVED THAT WE APPOINT TO THE MUNICIPAL PROPERTY CORPORATION BOARD RICHARD TAYLOR FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED TO PUT MR. KENNETH MUETING'S NAME IN FOR THE MUNICIPAL PROPERTY CORPORATION BOARD FOR A TERM TO EXPIRE JUNE 30,2002. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala requested to return to the Industrial Development Authority.He MOVED TO NOMINATE CONRAD H.PISINSKI. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 9 OF 41 VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED TO NOMINATE CLYDE NELSON FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. As there were no further nominations for the last opening,it was decided to continue and come back to i t later. Councilmember Dietz MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PARKS AND RECREATION COMMISSION:CLYDE NELSON,FOR A TERM TO EXPIRE JUNE 30,2002. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT SHE WOULD LIKE TO RETAIN AND NOMINATE PATRICIA RICHMOND FOR AN APPOINTMENT TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 10 OF 41 Councilmember Durbala MOVED TO RENOMINATE THERESA NESSER FOR REAPPOINTMENT ON THE PARKS AND RECREATION COMMISSION SINCE THEY HAVE DONE SUCH A GOOD JOB WITH ALL OF THIS OTHER STUFF GOING ON. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED TO NOMINATE ANDREA HINKEL TO FILL THE THIRD POSITION TO EXPIRE JUNE 30,2003. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PLANNING AND ZONING COMMISSION:THERESA NESSER,FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT WE APPOINT RICK GARDNER TO THE SECOND TERM TO EXPIRE JUNE 30,2003,FOR THE PLANNING AND ZONING COMMISSION. Councilmember Durbala SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 11 OF 41 VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PLANNING AND ZONING COMMISSION:KENNETH MUETING,FOR A TERM TO EXPIRE JUNE 30,2002. Vice Mayor Surra SECONDED THE MOTION. VOTE:5-2 (Councilmembers Eck and Insalaco voted in opposition.) The motion carried. Vice Mayor Surra MOVED TO NOMINATE JOEY TINELLI FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE MARCH 18,2004. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented they could shorten the list at the September meeting and check to see if any of the others would like to serve on different boards.He then called for a ten minute break. Mayor Coleman reconvened the meeting. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1130;CASE PZ-00-07 REZONING REQEUST BY DEWEY AND LINDA TRAIL TO REZONE THEIR 11,776 -NET SQUARE FOOT REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 12 OF 41 PROPERTY FROM CR-3 (SINGLE FAMILY RESIDENCE,SITE -BUILT HOME TO CR-3/MH (SINGLE FAMILY RESIDENCE,SITE -BUILT OR MANUFACTURED HOME )Associate Planner Paul Michaud briefed the council on this item.The rezoning would allow the owner to put a manufactured home on the lot.Roosevelt is the dividing line with residential to the north and employment/retail to the south.There are mostly site -built homes west of Valley.Roosevelt Street has manufactured homes and multi- family uses.The traffic should remain the same.The dwelling will need to be connected to the sewer district.There was some concern of this property being used for commercial,as it was previously used for RV construction material storage,but that has been corrected.Home occupation offices are allowed in this zoning.The commission recommended approval with the condition that the mobile home be ground set. Mayor Coleman asked if the rezoning was already there from a previous property rezoning to allow a manufactured home on this street. Associate Planner Paul Michaud stated that is correct. Councilmember Dietz asked if that was the case where they wanted to put a new mobile in. Associate Planner Paul Michaud stated that was correct.The applicant did a general plan amendment and rezoning to allow the manufactured home. Mayor Coleman requested the applicant address the council.There was no response.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. Councilmember Eck commented the roads directly east and west of this property have manufactured homes on them, and one road west of Valley has a property with travel trailer type housing with cattle on it.He believes this proposal would fit in with the area. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 13 OF 41 Councilmember Urich commented she had driven the area and she agreed with Councilmember Eck. Vice Mayor Surra commented the idea is to upgrade areas where things have not been built yet,though they do make exceptions for places already having some kind of residence on them.She would not like to see spot zonings for undeveloped areas.Site built would add diversity to this area,and she sees this as an opportunity to add site built to this area.Lines need to be drawn somewhere. Mayor Coleman stated everything north of it other than the one directly north of it is site -built.He does not like to see that kind of mixed use.There are already areas in the community allowing manufactured homes.He would like to see i t remain site built. Councilmember Dietz agreed. Mayor Coleman closed the discussion and called for a motion, Councilmember Eck MOVED THAT ORDINANCE NO.1130 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. the ordinance by title only. Councilmember Urich SECONDED THE City Clerk Kathleen Connelly read Councilmember Eck MOVED THAT ORDINANCE NO.1130,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Urich SECONDED THE MOTION. VOTE:4-3 (Mayor Coleman,Vice Mayor Surra and Councilmember Dietz voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 14 OF 41 The motion carried. PROPOSED RESOLUTION NO.00-15,CASE SD -99- 04,FINAL PLAT REQUEST BY CLYDE BARNEY OF RSC ENTERPRISES,REPRESENTING ROGER & SYBIL FERGUSON FOR A SINGLE-FAMILY HOME SUBDIVISION )Associate Planner Paul Michaud briefed the council on the item.The landscaping and irrigation plans have been approved.The open space had been stipulated as two acres;at the work session this was approximately 4,000 net sq.ft.short.The open space at the northeast corner of Baseline and Tomahawk has had lot 51 added to it;the subdivision will now have 179 lots.They now have 2.05 acres of open space. Mayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion. Councilmember Insalaco asked if they still intended to use Trend Homes for this subdivision. Mr.Clyde Barney,230 S.Ranchos Ligante,Gilbert,stated they are.They met with Glen and they are doing some elevation changes. Councilmember Insalaco stated he drove past a Trend Home subdivision at Baseline and Ellsworth and the housing developments look so nice until they got to Apache Junction.The homes along the freeway look like barns in the back.There are no window treatments or anything else.On the other side of Meridian,they have window treatments and different designs across the back from house to house.Apache Junction appears to be the dumping ground for their lower end -type housing.Trend Homes subdivisions elsewhere have things around all four sides;here i t is only out front.He has voted against this all along,and he is through with the low end housing in Apache Junction. Mr.Clyde Barney stated if he looked at the front of the houses and the inside of the houses they give the people a REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 15 OF 41 lot of home for their money.They have agreed to change the back elevations of the houses.They will put window treatments on them and have pop outs on the back of the windows.They will be changing the height elevations.They will get rid of the barn look. Councilmember Insalaco stated he would have to see i t in front of him before he would vote on it. Mr.Clyde Barney stated they brought in some elevations for them to look at.He would appreciate a positive vote on this tonight. Development Services Director Glen Van Nimwegen stated he met with Trend Homes about this to avoid the barn -like look.They have agreed to limit the height of certain lots that back up to the street.They will put together a package of what the four sides will look like if they would like that. Mayor Coleman commented they would be voting on it tonight. Councilmember Urich commented she voted against this before with the preliminary plat.She does not believe i t is the best use of the land and she does not like to see a development that close to the landfill. Councilmember Eck commented he believes they have a pretty good final product. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.00-15,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT,CASE NO. SD -99-04,TOMAHAWK,BY ROGER & SYBIL FERGUSON,REPRESENTED BY CLYDE BARNEY,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 16 OF 41 Vice Mayor Surra SECONDED THE MOTION. VOTE:5-2 (Councilmembers Urich and Insalaco voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1133;PZ-10-00 (CONNOLLY),PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST FOR C-3/PD PROPERTY AT SOUTHEAST CORNER OF IDAHO AND BROADWAY ) Associate Planner Rudy Esquivias briefed the council on this item.There has been a change in the partnership for this development and they are requesting to scale down the project.Phase one is about 4 acres consisting of the realty office,the beauty shop,the title company and several other businesses.A palette of uses had been approved in 1999 for phase one.Pizza Hut would like to build at the northwest corner of the property at Broadway and Idaho.A picture of the new Pizza Hut style is included in the packet.In addition to the approval of the Pizza Hut,the applicant is requesting approval of a palette of uses for the remaining phases.He does not believe council had a problem with any of the palette of uses suggested.The applicant would like to avoid future planned development amendment processes for every new use on the property.The planning and zoning commission did not totally agree with that stipulation. The council can remove that stipulation if they do not agree with the applicant's request.The planning and zoning commission approved i t 4-1.A flood zone issue needs to be addressed by the applicant. Councilmember Eck asked if the item could come directly to the council if it is under the palette of uses. City Attorney Joel Stern stated he does not believe that is in the zoning ordinance. Councilmember Eck stated he believes that each new pad has to go through the process even though i t is within the designated palette of uses. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 17 OF 41 Associate Planner Rudy Esquivias stated the council could accept the palette of uses as the preliminary plan i f the city attorney agrees.The developer would have to develop the property by closely following the style of development and line of quality in order for this to possibly be called a preliminary planned development plan.Future uses of the property would only have to go through final plat approval. City Attorney Joel Stern stated i t would be okay if it was not a major amendment.If it is a different use,i t would have to come back. Councilmember Eck commented he liked Rudy's suggestion that the palette of uses become a preliminary planned development plan.It would save some time in the process. City Attorney Joel Stern agreed. Councilmember Durbala asked i f stipulation eight states it would allow the zoning administrator or development services director to approve that. Associate Planner Rudy Esquivias stated that is correct. Councilmember Durbala commented i t does not say anything about going back through the process or coming through the council. Associate Planner Rudy Esquivias stated stipulation eight leaves it to staff approval;if council wants the final plat to come back to them,i t needs to be reworded. Councilmember Durbala agreed with Councilmember Eck.He thinks the final plat for something like this should go through council and not have to go through the entire planning process.The zoning administrator could make the decision as to whether i t should come straight to council or go through the process. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 18 OF 41 Mayor Coleman asked the applicant to address the council.The applicant declined.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. Councilmember Eck asked if the motion would have to include the palette of uses being the preliminary plat. Vice Mayor Surra suggested that i t say that any proposed use,preliminary site plan,and elevation plans for the future phases or uses on the 20 acre property may be approved by the zoning administrator or development services director upon a finding that said future uses are of equal or similar intensity in development standards as the phase one area and that the final plat must be approved by the city council.She asked if this would encompass those things in Section Three. City Attorney Joel Stern commented he believes it would be a site plan,not a preliminary plat. Vice Mayor Surra commented they only want the preliminary plats to be able to go through the process without having to come back before the council.The council would see the final plat. Associate Planner Rudy Esquivias stated this and the palette of uses would be the preliminary plat for the entire development.The final plat would come back to council. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1133 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 19 OF 41 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1133,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING CHANGE IN WORDING OF NUMBER 8 UNDER -STIPULATIONS:THAT ANY PROPOSED USE AND PRELIMINARY PLAN FOR THE FUTURE PHASES OR USES OF THE 20 ACRE PROPERTY MAY BE APPROVED BY THE ZONING ADMINISTRATOR OR THE DEVELOPMENT SERVICES DIRECTOR UPON A FINDING THAT SAID FUTURE USES ARE OF EQUAL OR SIMILAR INTENSITY IN DEVELOPMENT STANDARDS AS THE PHASE ONE AREA;AND THAT THE FINAL PLAT MUST BE APPROVED BY THE CITY COUNCIL. There was general discussion as to what wording needed to be added.No changes were made. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1134;PZ-11-00 (SLENTZ/COLE),PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST FOR C-3/PD COMMERCIAL SUBDIVISION AT SOUTHEAST CORNER AREA OF S.IDAHO ROAD AND E.29TH AVENUE )Associate Planner Rudy Esquivias briefed the council on the item.This is a commercial subdivision of six lots with only one developed so far;this contains the hotel.The request is to build a Waffle House Restaurant in lot number one and to request a palette of uses for the remaining lots.The commission is in favor of the Waffle House but they are concerned about the roof,feeling the colors are not complimentary with buildings in the area.The commission has requested and the developer has agreed to a building with neutral,earth -type colors.They will go with the yellow roof and letters.The site plan meets all the standards.They also propose to create cross access easements,allowing REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 20 OF 41 customers to go from the Waffle House to other lots in the subdivision.The commission has recommended that separation walls be constructed in order to facilitate this. Councilmember Durbala commented he believes council wants to exclude the mini -storage from the subdivision.I t appears i t is only being excluded from lots two and three. Associate Planner Rudy Esquivias stated that is correct. Councilmember Durbala stated the council does not want any mini -storage down there.I t is to be excluded from all the lots,not just lots two and three. Associate Planner Rudy Esquivias stated the ordinance is prepared according to the commission recommendation. Councilmember Durbala stated staff was told the other night about council's wishes. Mayor Coleman commented he does not want staff changing the commission recommendation before i t comes to the council.Though i t had been previously talked about,tonight is when the council will act on it. Associate Planner Rudy Esquivias stated i t is prepared according to the commission's recommendation and council has the authority to change it.The owner of the hotel has called about the uses and he would not like to see any mini -storage in the development.At the commission hearing,the applicant commented he would agree to not having i t in lots one,two or three,but he wanted the opportunity to do a mini -storage on lots five or six.The commission agreed,but council does not have to agree to that.The applicant is in attendance to answer any questions.There was a sign package that was approved a few years ago.This allows a tall sign by the freeway.The plans are in compliance with code.If the ordinance is approved,it will approve the palette of uses,the preliminary plat and the final plat for the Waffle House.What the council requests tonight is what they will get. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 21 OF 41 Mayor Coleman requested the applicant address the council. Mr.Jeff Cole,representing Waffle House,Inc.,5986 Financial Drive,Norcross,Georgia,addressed the council. He was there to answer any questions on the elevation and style of the building.They are proposing a stucco building with yellow awnings and yellow lettering.They intend to match the color of the 4 Sons Mini -Mart and the Super 8 stucco. Vice Mayor Surra commented they could have done a breakout design with a real southwestern style. Mr.Jeff Cole commented he was hoping this would work. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He is happy to see the cross accesses being put in.He commented on the Waffle Houses in Mesa;he wanted to know if prices were raised to pay for the more expensive one. Mr.Jeff Cole stated the prices are the same.Though the profit is less at the more expensive one to build,the land was cheaper to buy. Mr.Tom Schuelke commented he likes the old style of Waffle House.One may call the new style diverse and another may call it monotonous.He added if they do not want a mini -storage on this site,they might want to consider one along US 60 somewhere as many people would like access near a freeway. Mayor Coleman closed the public hearing and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 22 OF 41 Vice Mayor Surra asked if there would be any other landscape designs that would be utilized since there would be no perimeter walls. Associate Planner Rudy Esquivias stated there are some landscape elements separating rows of parking spaces. There are setback areas on the east of about 10'wide.They will continue the pattern on the other lots. Vice Mayor Surra commented she wanted to make sure the plan was to be used uniformly for the area. Mr.John Slentz had no answer. Vice Mayor Surra commented she knew it would depend on what kind of buildings went in there.She would like to see some landscaping for some type of breakage between lots.She does not want it to look like a big parking lot with buildings. Mr.John Slentz commented he believed the landscaping setbacks for each lot should take care of that problem. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1134 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. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 23 OF 41 Councilmember Durbala MOVED THAT ORDINANCE NO.1134,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:ON SECTION NUMBER TWO,PAGE THREE,NUMBER FIVE, THAT MINI -STORAGE BE EXCLUDED FROM LOTS TWO AND THREE TO BE TAKEN OUT OF THERE AND PUT NO MINI -STORAGE AVAILABLE AT ALL;AND THEN I WOULD ALSO LIKE TO ADD STIPULATION NUMBER TEN,THAT ANY PROPOSED USE SITE PLAN AND ELEVATION PLANS FOR FUTURE PHASES OR USES ON THE PROPERTY MAY BE APPROVED BY THE ADMINISTRATOR OR THE DEVELOPMENT SERVICES DIRECTOR UPON A FINDING THAT SUCH FUTURE USES ARE OF EQUAL OR SIMILAR INTENSITY IN DEVELOPMENT STANDARDS AS THE DEVELOPED LOTS THEREIN,BE APPROVED BY THE CITY COUNCIL. Councilmember Urich asked if they wanted to take the RV storage out of number two also. Councilmember Durbala commented those are already excluded.He wanted to make sure there could not be a mini- storage there in that subdivision. City Clerk Kathleen Connelly asked if that is an amendment to number ten. Councilmember Durbala STATED THE AMENDMENT FOR THE MINI -STORAGE WOULD BE TO NUMBER FIVE. City Clerk Kathleen Connelly asked if he wanted language similar to the ordinance. Councilmember Durbala stated he wanted what he read.He did not want anything else.THE LAST SENTENCE IN NUMBER FIVE SHOULD BE "MUST BE FINAL APPROVAL BY THE CITY COUNCIL". Mayor Coleman asked if this was different than what had been done with the previous item. City Attorney Joel Stern stated the preliminary plan was added to the case before.Other than that,the effect is the same:final approval would have i t being brought back to the council. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 24 OF 41 would be the same. would. MOTION. VOTE:Unanimous. The motion carried. minute break. Mayor Coleman asked if the procedure City Attorney Joel Stern stated i t Councilmember Insalaco SECONDED THE Mayor Coleman called for a ten Mayor Coleman reconvened the meeting. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DIRECTION TO STAFF ON CONTINUATION OF SPECIAL MERIT PAY PROGRAM FOR EMPLOYEES WHO ARE AT TOP OF RANGE )Councilmember Insalaco commented he would like to see everyone who is topped out and gets at least a three on REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 25 OF 41 their evaluation given a thousand dollars as a bonus for this year.He remarked that there are no fives on the list he received. City Attorney Joel Stern asked him to identify the list. Councilmember Insalaco stated he was reading from "Performance Appraisal Ratings for Employees Receiving Special Merit Payment Bonus for Fiscal Year 1999-2000".There are fifteen listed from last year,and there could be as many as twenty this year.He would like to see the $1,000 bonus,after taxes,continued this year.These employees should be paid for their longevity and experience.These employees are not managers and department heads;this shows respect and appreciation to them. He feels this is a worthwhile cause. Vice Mayor Surra commented she has always supported giving some sort of bonus to those people who have reached the top of their range and are ineligible for merit increases.She wanted to clarify that the list of performance appraisals does not give names.She noted from the list that there were employees that went above a three rating, which is the rating given as acceptable and meeting all expectations of the job.She believes employees should exceed that expectation in order to be eligible for the bonus.A bonus means going beyond everyday expectations. She would be willing to give the bonus to anyone who was rated above a three, even i f i t is only a fraction above a three.She would like levels of incremental bonuses and will fight for that next year.There should be a different bonus for each level of rating. Councilmember Eck commented he had believed that i t should be for those rated higher than a three,but after looking at the list and seeing no veteran employee rated a five,he wonders why these requirements have even been set.I t appears to be an unattainable goal.In lieu of this,he will support Mr.Insalaco's suggestion.He does not like the way the scale is.If there is a five at the top,then someone should be able to reach it.Out of fifteen veteran employees,there was not one rated at the top. Vice Mayor Surra commented it may not be the fault of the standards but the fact that the people are not meeting REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 26 OF 41 the standards.She added people are working towards that five as there is a 4.75 rating. Councilmember Eck commented he would tend to think someone would be angry that they did not get a five. Councilmember Durbala agreed with Councilmember Eck.If there are fifteen employees and not one of them made a five,there is something wrong with the evaluation process.There should be at least one at the top;this is saying there is no one maxed out that can far exceed standards.He cannot believe that.There has to be something with the evaluation process;at least there are no ones or twos.There were two with no overall rating and no fives.He does not understand the no overall rating. Vice Mayor Surra suggested they did not get their evaluation for that time period. Councilmember Durbala stated i t should have been done so that they could have received their bonus. Vice Mayor Surra asked if anyone reached a five city-wide. Councilmember Durbala commented he still had the floor.He asked how many employees in the total system made five. Human Resources Manager Sue Stalcup stated there were some that did. Councilmember Durbala stated that yesterday she gave the impression that some of the topped out employees received a five. Human Resources Manager Sue Stalcup stated she did not mean to do that. Councilmember Durbala asked how many would be some -twenty,twenty-five,or two. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 27 OF 41 Human Resources Manager Sue Stalcup stated she believed there were about 5%;out of 240 employees that would be around 10 to 12. Councilmember Durbala commented there were only 10 employees out of 240 that made the top level. Human Resources Manager Sue Stalcup stated there was only one employee who was rated a two:there were no ones or zeros.They do not have a bell curve. Councilmember Durbala asked if she knew how many exceeded the standards. Human Resources Manager Sue Stalcup stated she could not tell them that at this time. Councilmember Durbala commented the system of grading may be wrong as there should be a group of people getting up to the top.There is close to 20% at the post office where he works that are at the top.Approximately 60% do not get a bonus and 20% get disciplinary action.This is nationwide.The evaluation process must be way off. Human Resources Manager Sue Stalcup stated the city is very different from the post office.Whereas about 60% of the employees at the post office get nothing,here 60% to 70%get something. They get at least 3%. Councilmember Durbala commented the post office has about 1.2 million employees and they have to be careful how the bonuses work as they are a quasi -federal type government. Human Resources Manager Sue Stalcup stated the city does not have the number of employees at the bottom either. On a true bell curve you would have 5% to 15%at the top and bottom,with the remainder in the middle.The city does not come close to having that many on the bottom.She believes some of the supervisors might have rated the topped out employees a three because they did not need to rate them any higher to make them eligible for the bonus. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 28 OF 41 Councilmember Durbala asked how many people made the top level of four from the year before.He added they are actually trying to determine if these people will get their bonus with a three rating at this time. Human Resources Manager Sue Stalcup stated they have a chart that shows one fiscal year:four was the top of the range. Councilmember Durbala stated that was for 1998-1999.That shows 6 at zero and 12 at the top,and he read off the other ratings.He commented there were very few people above a three rating. Councilmember Urich asked why there were two employees without an overall rating. Human Resources Manager Sue Stalcup stated they received ratings for those employees. Councilmember Urich asked if no number was assigned to those ratings. Human Resources Manager Sue Stalcup stated there was not.Each area was rated and the supervisor generally goes on to give an overall rating number.These employees were given standard ratings in everything,but the supervisor did not give them an overall rating. Councilmember Urich asked if these should have been returned to have that filled in. Human Resources Manager Sue Stalcup stated that it was not necessary as they only needed to be rated a three in every category to be eligible to get the bonus. Councilmember Urich commented she did not realize you could have no rating with our procedures. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 29 OF 41 Human Resources Manager Sue Stalcup stated i t can only occur with those at top of range.Some managers did not do individual ratings for those at top of range in the past when there was no bonus involved.Some managers did not average or convert the numbers currently because an average of three would give the employee a bonus.There is no variation in the bonus so i t does not matter if they are above a three. City Manager Curtis Shook stated they intend to make sure that each one is given a numeric value this year. Councilmember Eck stated the only difference between what Mr.Insalaco said and Vice Mayor Surra said is three employees. Councilmember Insalaco asked how many employees received a five last year. Human Resources Manager Sue Stalcup stated it was between 10 and 20. Councilmember Insalaco stated there are 10 to 20 employees that walk on water,because the statement was made last year that anyone getting a five must walk on water.I t is in the minutes.He is still requesting $1,000 per employee after taxes. Mayor Coleman asked if that was his motion. Councilmember Insalaco MOVED THAT HE WOULD LIKE TO SEE EVERYONE OF THESE EMPLOYEES AT THE TOP OF THEIR SALARY RECEIVE A $1,000 BONUS AFTER TAXES FOR THIS YEAR FOR THREE AND ABOVE. Councilmember Durbala SECONDED THE MOTION. VOTE:6-1 (Vice Mayor Surra voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 30 OF 41 DIRECTION TO STAFF ON PAVING REQUIREMENTS FOR PRIVATE ACCESS EASEMENTS )Councilmember Durbala asked i f Doug Dobson had the information from the fire district. Public Works Director Doug Dobson stated they received a letter from the fire district on the item.They will require minimum dimensions on an access road of 20'wide unobstructed and 13'6"vertical clearance unobstructed.The surfaces should be able to support the load of any fire apparatus and they should be able to be used in any weather condition.They also gave requirements for turning radiuses,dead ends,bridges and grades.Two pieces of fire apparatus should be able to pass by each other during fire operations.Anything less than a 16'unobstructed width would create maneuvering problems in positioning apparatuses.He added that Cactus was not originally a chip seal street,but it was chip sealed in May 1999.In regards to no alleys being paved,the alley between San Marcos and Rennick for Superstition was paved by the city in mid -80's,the alley between Montebello and Navajo was partially paved by the developer the last part of last year,and an alley for Del Rio between 20th and 21st is also paved.Private access easements that required paving are Rene's,the Vehon project,the Barber project,and Connolly's properties.These easements are all 28'. Councilmember Durbala asked if the fire district could get by with the 16'paved area. Public Works Director Doug Dobson stated it would have to be at least a 16'width unobstructed or i t creates problems with maneuvering. Councilmember Durbala commented they are trying to keep that side of the town rural.He suggested not paving the easements on that side of town to keep it more rural. Public Works Director Doug Dobson stated that would be a council decision. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 31 OF 41 Mayor Coleman asked if they could go below what i t states in the Uniform Fire Code,and what would be the liability. City Attorney Joel Stern stated the city has adopted the Uniform Fire Code and i t should abide by everything that is in that code. Mayor Coleman stated an access road should then be 20'wide unobstructed and 13'6"vertical clearance unobstructed.He commented he would have no problem with a 20'width on this private access easement. Councilmember Durbala asked if he was talking about pavement,and it being raybinder or rock.There are different areas for dust control.He would like to send this go back to staff and have them return with a resolution. Vice Mayor Surra stated they get complaints from people on the dust bothering them in the rural areas.They need something to keep the dust down,and the city is responsible for some pollution problems.There are reasons to have paved roads.The private access easements are getting to be a source of complaints when the original applicant does not want to let anyone else use it.This area needs to be looked at,but in the meantime the city should not fall short of the standards that have already been set.The original request was for a 28'width,and public works agreed to alley standards of 24'for paving.This will provide maneuverability. Public Works Director Doug Dobson stated they get requests for service for private access easements.They look like small streets and they are dirt.They have been washed out and i t is the owner's problem,not the city's.They then want the city to take over the street,but the dedication and standards do not meet city street standards. Mayor Coleman commented he knows of some retired schoolteachers who live on some and wanted to know what he was going to do about the maintenance of their streets when he ran for office. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1.2000 PAGE 32 OF 41 City Attorney Joel Stern stated the fire district requirements are minimal fire district requirements.However, there are other issues. Mayor Coleman commented he wanted to know if the city was opening itself up to some type of liability if they go below the minimums set in the Uniform Fire Code. City Attorney Joel Stern stated that is a possibility.There are other concerns,such as if the city is to ever take the streets over.He commented they are actually called private access ways,not easements.I t is a right created by the city to access landlocked parcels,and i t is just for those parcel owners. Councilmember Insalaco commented the easement would end up being a long driveway for the one resident.The other two pieces of property will have Cactus to enter and exit the property. Vice Mayor Surra asked if they would be barred from entering the land the other way. Councilmember Insalaco stated they would need a four-wheel drive to enter through the wash. Councilmember Eck commented he listened to the tape today.Rudy had stated that Paul recommended that i t be paved to alley standards.He thought an alley was 16'at that time instead of the actual 24'.The other easement approved that night has decided to go with 3 lots instead of 4 so they would not have to put in the easement.They decided it was too expensive.They are putting the homes at the back and the fire trucks will not really have access to them.They will have 6'driveways. He would rather have a 16'paved access road than what they are creating there. Councilmember Durbala stated this is to address all easements,not the individual ones being discussed.There needs to be something more definite on how it will work and what can be used. They need to decide the width and whether i t needs to be paved or not.He would like this back within six weeks. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 33 OF 41 City Clerk Kathleen Connelly stated the main focus has been on an individual case that was adopted by resolution. She asked if the process would have to be repeated. Councilmember Durbala stated his direction to staff would be on paving requirements only. City Attorney Joel Stern stated the direction to staff would be to bring i t back to discuss the paving requirements under Section 20.0108 of the private access way standards.He believed staff has already been directed to do this but due to case load has been unable to accomplish it. Councilmember Durbala stated he would like to have the other issue on the agenda at the first meeting of September. City Attorney Joel Stern stated they would have to repeal the ordinance on that issue and draft another one.I t is too late for a reconsideration. Councilmember Durbala stated he wants the paving requirements done as he believes this is an important issue. He MOVED THAT STAFF LOOK INTO THE REQUIREMENTS FOR PRIVATE ACCESS EASEMENTS; THE WIDTH SIZE,WHETHER IT HAS TO BE PAVED,WHETHER IT HAS TO BE WITH RAYBINDER,WHETHER THERE HAS TO BE SOME TYPE OF DUST CONTROL SYSTEM. City Attorney Joel Stern asked i f that is under Section 20.0108 of the private access way standards of the zoning ordinance. Councilmember Durbala stated that is correct. Councilmember Dietz SECONDED THE MOTION. VOTE:5-2 (Vlde Mayor Surra and Councilmember Urich voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 34 OF 41 The motion carried. DISCUSSION AND POSSIBLE DIRECTION TO STAFF ON REPEALING CITY TAX CODE SECTION 8A -410(a)(2),APPLICATION OF TRANSACTION PRIVILEGE TAX TO HEALTH SPAS AND FITNESS CENTERS )Councilmember Eck declared a conflict of interest on this item and stepped outside the room. Councilmember Dietz commented there are a number of other cities that have opted not to have this tax on fitness centers,whether on a pay per event use or long term use.He feels since this is an opportunity for someone to improve their health and i t should not be taxed.The City of Mesa does not charge;they even give their employees $250 towards memberships to health and fitness centers. Vice Mayor Surra asked if they opted out would i t be for all of the businesses mentioned or can they opt out on certain businesses only. City Attorney Joel Stern stated that state law requires that if they opt out they would have to opt out the entire paragraph of listed businesses.They cannot pick and choose. There was general discussion on what would be included in the paragraph and what would be defined as a dance studio. Vice Mayor Surra commented if they opted out they would have to remove a lot of other activities they may feel should not be excluded. City Attorney Joel Stern stated i f the council opted only to opt out fitness centers,it would probably be ineffective under state law. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 35 OF 41 Mayor Coleman commented they could do that but they would probably have to collect their own tax and create a tax department. City Clerk Kathleen Connelly stated they would have to go before the Model Tax Commission to argue our own proposed option. Councilmember Dietz commented he believes all of it is health -related activities. Mayor Coleman stated i t is too broad for him.He does not want to go into this area.The original council that adopted this thought it would be fair and equitable to charge across the board.This prevents a store selling health foods being opted out while a golf course and tennis and racquet clubs are not.He believes i t is fair to charge across the board. Vice Mayor Surra commented an exemption is given to anyone who is using these facilities under a doctor's order.They do not pay taxes in that case. Councilmember Dietz asked about taxes collected under this item. City Clerk Kathleen Connelly stated she cannot give specifics on what has been collected.Included in those businesses that would be taxed would be bowling alleys and ballparks. Councilmember Durbala asked if those organizations renting city ballparks for games or tournaments are taxed. City Clerk Kathleen Connelly stated those are non-profit organizations so they are not responsible for state tax. Councilmember Dietz asked i f softball leagues would be taxed. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 36 OF 41 City Clerk Kathleen Connelly stated they are generally not -for-profit organizations so they are not taxed. City Attorney Joel Stern stated most of the youth organizations are generally non-profit so there is no charge for taxes. Vice Mayor Surra asked if the fitness center would have to pay tax if they applied for non-profit status. City Attorney Joel Stern stated they would have to have a letter from the Internal Revenue Service granting them non-profit status.They would have to submit that to the business license administrator and get an exemption. Councilmember Dietz stated they require that of all the softball leagues and tournaments. City Clerk Kathleen Connelly stated they are non-profit organizations. Councilmember Dietz commented they have all the correct paperwork. City Attorney Joel Stern stated they have to prove it. City Clerk Kathleen Connelly stated if they are doing it within the city they are required to do that, they are non-profit organizations. have all the correct paperwork. have to prove it. Councilmember Urich agreed with the mayor's comments. Vice Mayor Surra commented it would be alright if it was a stand alone option,but the problem is i t is put in with all of these other groups.She cannot see how it can be waived for only one group that falls under this. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 37 OF 41 Councilmember Dietz commented they must be health -related. Vice Mayor Surra commented i t says sports,athletics or health -related. Mayor Coleman commented he wondered if health -related included food,shelter,and mental activities such as basket weaving classes.He does not want to start opting some out;i t should be fair and equitable across the board.He does not believe you have to go to a health spa or fitness center to improve your health.People walk around the track at school all the time.There are other options that are not taxable. Though i t is a good place with professionals to help people,he does not see i t as a necessity. Councilmember Durbala agreed. Councilmember Dietz disagreed. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REPEALING OF APACHE JUNCTION TAX CODE SECTION 8A -410(a)(2),APPLICATION OF TRANSACTION PRIVILEGE TAX TO HEALTH SPAS AND FITNESS CENTERS;TO SEE WHAT SOURCE OF INCOME THIS HAS PROVIDED TO THE CITY AND THE FEASIBILITY OF REPEALING THE TAX. City Clerk Kathleen Connelly stated they cannot provide that tax information. Councilmember Dietz AMENDED HIS MOTION TO JUST AS FAR AS THE FEASIBILITY OF REPEALING THE TAX. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 38 OF 41 VOTE:2-4 (Mayor Coleman,Vice Mayor Surra and Councilmembers Urich and Durbala voted in opposition.Councilmember Eck had removed himself from the item due to conflict of interest.) The motion failed. Councilmember Eck was called back into the chambers. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Urich MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 5,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Surra reminded everyone' that the meetings for the second meeting in August have been canceled and that no work session would be held on September 4 due to the Labor Day holiday. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:03 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda.. 2.Acceptance of Minutes of Special Meeting' of July 11,2000. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 39 OF 41 3.Acceptance of Minutes of Regular Meeting of July 18,2000. 4.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Liz Langenbach:Jamie Zacher:John Contreras;Wayne Emerson;Ron Sumerix:Andy Amado:and Mike Dodgson. 5.Acknowledgement of Receipt of Greater Arizona Development Authority technical assistance award for a not -to -exceed amount of $20,000. 6.Approval and authorization to enter into professional service agreement with Versar Inc.for swim center,skate park and park design services. 7.Approval of Resolution No.00-23,Adopting the FY 2000-2001 Classification Plan and Compensation Schedule (with the Emergency Clause). 8.Award of Bid for PR -99-03,Phelps Drive Wash Landscaping,to TruGreen LandCare for a total bid amount of $56,175.93. 9.Award of Bid for PW 2000-11 for crack seal materials to Crafco,Inc.in the amount of.$0.1918 per pound. 10.Award of Bid for PW 2000-10 for washed chips to .United Metro Materials, Inc.in the amount $10.60 per ton. 11:Award of Bid for PW 2001-12 for chip .seal emulsions to Copperstate Emulsions in the amount of $0.963 per gallon. 12.Award of Bid for PW 2000-14 for tires to James Tire in the aggregate bid amount of %5,550.05. 13.Award of Bid for PW 2000-17 for sand and aggregates to Cemex USA in the .amount of $7.30 per ton. 14.Award of Bid for PW 2000-18 for sign materials to 3M in the amount of $7,871.76 for vinyl sheeting and to Newman Signs in the amount of $2,992.50 for sign blanks. 15.Award of Bid for PW 2000-21 for storm drain pipe to Contech Construction Products,Inc.in the aggregated bid amount of $43,710.14. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 40 OF 41 16.Consideration of Human Services funding agreements for FY 2000-01. ACCEPTED THIS 5TH DAY OF SEPTEMBER ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF SEPTEMBER ,2000. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS 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 1st day of August,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of August,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,2000 PAGE 41 OF 41