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HomeMy WebLinkAbout1999-09-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 21,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 21,1999,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 Insalaco 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 Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Others Present:Human Resources Manager Sue Stalcup REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 1 OF 42 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR PW 99- 23,PREPARATION OF IMPROVEMENT PLANS FOR AUTO CENTER DRIVE (SOUTH OF US 60), TOMAHAWK ROAD TO CACTUS ROAD,BE AWARDED TO SUNRISE ENGINEERING IN THE AMOUNT OF $23,750.00;AND THAT THE AWARD OF BID FOR PW-22,VINYL SHEETING,BE AWARDED TO ZUMAR INDUSTRIES,INC.IN THE AMOUNT OF $9,910.66;AND THAT THE AWARD OF BID FOR PW 99-25,MISCELLANEOUS CONCRETE,BE REJECTED;AND THAT THE AWARD OF BID FOR PW 99-19,SHOTCRETE AND CONSTRUCTION OF CONCRETE CUT-OFF WALL AT ROCK SHADOWS DRAINAGE CHANNEL -PHASE II,BE REJECTED;AND THAT THE AWARD OF BID FOR PW 99-17,PHELPS DRIVE SIDEWALKS,BROADWAY AVENUE TO SOUTH OF APACHE TRAIL,BE REJECTED;AND THAT OFFICER RAY OBERG BE APPOINTED TO THE PUBLIC SAFETY RETIREMENT BOARD FOR A TERM TO EXPIRE AUGUST 6,2002;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43 AND THE CITY OF APACHE JUNCTION TO PROVIDE FUNDING FOR TWO SCHOOL RESOURCE OFFICERS BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman recognized Councilmember Durbala's selection to participate in Project CENTRL Class XV.He is the first to be selected from the City of Apache Junction.This is a leadership seminar,and he will be looking in depth at what the Growing Smarter legislation will do for this community. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,commented he has been hearing complaints about "heavy-handedness" by the police department on younger people in the community.He urged the city to look into the matter. Mr.Stan Jenkins,5232 E.Dolphin,Mesa,addressed the council.He has been having some problems in attempting to develop an RV storage lot on Meridian. He gave a detailed history on the problems he had been having with City REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 2 OF 42 Engineer Paul Stears and the additional requirements being placed on his development. CITY MANAGER'S REPORT City Manager Curtis Shook stated two to three years ago the city started doing an in-house Comprehensive Annual Financial Report.It is a higher level of reporting than the city had done in the past.As a result,the city has achieved a Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending June 30,1998.This is the highest form of recognition in government accounting.He thanked Finance Director Keith Lewis,Accountant John White and others in the Finance Department for a good job.This achievement will allow the city to get better ratings on bonds in the future. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR THE NASHVILLE GRILLE )City Clerk Kathleen Connelly briefed the council on the item.This restaurant will replace the American Legion facility.The applicant was notified of the meeting and requested to attend. applicant address the council. manager of the restaurant,1006 W.Main, answer any questions. would have everything done that the fire before their opening. believed they would. Mayor Coleman requested the Mr.Christe Martino,general #307,Mesa,addressed the council to Councilmember Durbala asked if they department had requested of them Mr.Christe Martino stated he Councilmember Durbala asked if the drawing depicted what they intended the front of the building to look like. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 3 OF 42 Mr.Christe Martino stated they had worked with the Main Street project architect and that is what he came up with. is what they plan to do. would like to do that. their approval. Councilmember Durbala asked if that Mr.Christe Martino stated they A number of councilmembers voiced Councilmember Durbala asked how they would handle the parking,as the previous owner used part of the parking from the establishment across the street. Mr.Christe Martino stated they would like to maintain that relationship.He believes the property may have been rearranged by the architect to also give them additional parking spaces. Councilmember Durbala asked when they planned on opening. Mr.Christe Martino stated they will close on October 20,and they estimate the renovation will take 90 days.They were hoping to be open for the millenium but he does not believe they will be. They will probably be open some time in January. Councilmember Durbala asked if all the bartenders would be going through the school provided by the liquor department. would be going through the school. would be dancing in the evening. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 4 OF 42 Mr.Christe Martino stated they Councilmember Durbala asked if there Mr.Christe Martino stated there would be. Councilmember Durbala asked if they would have door people,bouncers and security. Mr.Christe Martino stated they would. Vice Mayor Surra asked when the last time was that he or Mr.Chapman had a driving while under the influence charge against them. Mr.Christe Martino stated the last time he was charged was in 1994,but he could not speak for Mr.Chapman. the same question. charge last year. going to own a bar. correct. Vice Mayor Surra asked Mr.Chapman Mr.Glen Chapman stated he had a Vice Mayor Surra asked if he was Mr.Glen Chapman stated that was 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 THE APPLICATION FOR A NEW LICENSE,CORPORATION,SERIES 12 LIQUOR LICENSE SUBMITTED FOR NASHVILLE GRILLE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 5 OF 42 VOTE:6-1 (Vice Mayor Surra voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1103/REZONING CASE BY YOUNG/ORLICH )Associate Planner Rudy Esquivias briefed the council on the item.This is to rezone from CR-3,single family homes with 7,000 sq.ft.lots,to CR-4/PD,requesting townhouses as a conditional use in a planned development zone.This is a request for a 30 townhouse subdivision.There were two concept plans submitted;the alternate plan called for the abandonment of Lawther,giving the applicant more townhouses while at the same time trying to give a better design and create less of an impact on the surrounding neighborhoods.The neighbors are concerned about the abandonment of Lawther.The Planning and Zoning Commission recommended Option 1,which leaves Lawther a through street.A third option was submitted at an additional Planning and Zoning hearing,which has Lawther as a through street;it limits the townhouses to 30,and it clears up a problem of fire truck maneuverability.This option creates larger lots and more open spaces the way it is designed.The Planning and Zoning Commission recommended Option 3 unanimously after the second hearing.They recommended a block wall on Broadway except for the center area view fence. The applicant recommends a combination of wrought iron and masonry along Delaware,and it allows for in -fencing in the development.They will have desert type landscaping,with grassy areas in the common areas.The general style will be Santa Fe/Pueblo.A total of 7 valid protest petitions have been received from the Paradise Mobile Home Park;this makes up more than 20% of the surrounding land area so a 3/4 vote of the council will be required for passage. Vice Mayor Surra asked what the reasons were for the protests. Associate Planner Rudy Esquivias stated the protests were for the abandonment of surface streets,the development of multi -level construction and the rezoning that would allow such options.No streets are being abandoned,i t is single story,and this is a planned development.Other protests concerned changing the zoning,Lawther street,overpopulation and congestion and no definite preliminary plat.He suggested there may be a need for more traffic control devices in the area. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 6 OF 42 The applicant will be required to improve the half streets on all four sides. The applicant is requesting some deviations as there are no zoning districts in the zoning ordinance that address townhouses.All townhouses are by planned development and are tailor-made projects. Councilmember Urich asked if there are many townhouses within the city limits. Associate Planner Rudy Esquivias stated there are only two others that he is aware of. Councilmember Insalaco commented it appeared the applicant had met everything the city is requiring him to do.He asked if anything else could go in there commercially along Broadway. Associate Planner Rudy Esquivias stated the current general plan calls for medium density residential on this property. Councilmember Insalaco commented he is not really changing anything from the general plan. Associate Planner Rudy Esquivias stated he is no longer asking for a general plan amendment. Councilmember Insalaco commented he is utilizing the property the way it is supposed to be utilized. Associate Planner Rudy Esquivias stated it is unclear what it was originally meant for.It shows up on the Apache Villa plat but it is designated as not a part of the subdivision.He cannot find anything on the Apache Villa plat that designates what this area was intended to be used for.This is zoned for single family residential,but the proposed rezoning would be within the general plan allowance. Councilmember Urich asked if any of the neighbors in the area attempted to buy the property. Associate Planner Rudy Esquivias stated he was unaware of any. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 7 OF 42 Councilmember Eck asked if Option 3 addressed the majority of the protests against the development. Associate Planner Rudy Esquivias stated there were questions about age restrictions and the impact on the streets at the public hearings.It does answer the big question about Lawther,and the impact is internal to the development. Vice Mayor Surra asked if the buildings along Lawther would be facing Lawther. Associate Planner Rudy Esquivias stated the driveways are along Lawther. Vice Mayor Surra commented they would be getting away from the totally walled in look. Associate Planner Rudy Esquivias stated that is correct.There would be fencing only along Delaware and Broadway,the other two sides would be open. Councilmember Insalaco commented he liked that,and other councilmembers agreed. Mayor Coleman requested the applicant address the council. Mr.Sam Orlich,3411 N.Kachina Lane,Scottsdale,addressed the council.He commented they have had numerous discussions with staff and the fire district to alleviate any concerns raised over the past meetings.He believes they have met them all.This will be an adobe or southwest architecture,with a native american architect.The subdivision will be called Apache Dreams and there will be a dream catcher on the front of each townhouse.They will all have at least two bedrooms,and they are trying to attract young professionals,the empty nesters and the retirees.It is not designed for families.It is not age restricted. Councilmember Urich asked if any of the neighbors had attempted to buy the property from him. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 8 OF 42 Mr.Sam Orlich stated they had not. Councilmember Durbala asked if the police department had reviewed the property for any problems. Chief Robert Warner stated they had done their standard analysis for crime prevention through environmental planning and no deficiencies were noted. Mayor Coleman opened the public hearing on this item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented this is the first thing he has seen since he started coming that has approached every issue he has discussed.There will finally be some options.He recommended approval and would like to see more of these developments.However,he believes the price range may be a little upscale for what he was pushing for. Mrs.Midge Conway,902 S.Ocotillo, Apache Junction,questioned whether similar projects would have the same demands put upon them.She does believe they are changing the zoning.She likes what they are showing,but she is concerned that it may not look that way upon completion. Mayor Coleman stated there is no change in density. Associate Planner Rudy Esquivias stated there is no change in the general plan,but there is a change in zoning. Vice Mayor Surra commented the conceptual plan before them is not a plat;it still has to go through the preliminary plat and final plat.At that time the council will make sure that all of the things that they want are in there before they are allowed to build. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 9 OF 42 Mrs.Midge Conway commented she was concerned that there would be changes. Vice Mayor Surra commented this is being changed to a planned development which gives the council control over what can happen. 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 Durbala MOVED THAT ORDINANCE NO.1103 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1103,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 10 OF 42 PROPOSED ORDINANCE NO.1100/ESTABLISHING SPEED LIMITS ON MOUNTAIN VIEW ROAD,JACOB WALTZ STREET,LOST DUTCHMAN BOULEVARD, DELAWARE DRIVE AND 16TH AVENUE )City Engineer Paul Stears briefed the council on the item.Currently Jacob Waltz and Mountain View are posted at 40 mph.For safety reasons and for dust control,those should be posted at 25 mph,as stated in the air quality plan.There is a portion of Lost Dutchman that should be posted at 35 mph as the road now goes from 50 mph to 45 mph to 25 mph;this will make it a smoother transition.He would like to establish a speed limit of 30 mph from 16th Avenue to Southern on Delaware. It is currently unposted so it is 25 mph.Delaware between 16th Avenue and Broadway is very narrow and it is currently posted at 30 mph;he would like to lower it to 25 mph there.He would like to change the speed limit on Delaware between Broadway and Apache Trail from 35 mph to 30 mph.Sixteenth Avenue from Delaware to Ironwood is currently posted at 25 mph;i t is a four -lane road and should be 35 mph.Sixteenth Avenue from Royal Palm to approximately Plaza is currently posted at 35 mph;it should be lowered to 30 mph. Mayor Coleman asked if traffic studies are still being performed on the average speed being driven. City Engineer Paul Stears stated they can do that,but he feels these speeds are appropriate. Councilmember Dietz asked if it would make more sense to continue the speed limit on 16th Avenue to San Marcos instead of stopping it at Plaza. City Engineer Paul Stears commented there is a transition here of going from 2 -lane with a dedicated left turn lane to 4 lanes.The roadway can handle the higher speed limit there. Councilmember Durbala commented he did not like going from 30 mph to 25 mph to 30 mph on Delaware Drive.He suggested keeping the speed limit either at 25 mph or 30 mph. Vice Mayor Surra commented it looks like a speed trap. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 11 OF 42 Councilmember Insalaco agreed that it should all be one speed. Vice Mayor Surra agreed also.She commented these speed limits would really throw her. Councilmember Durbala commented he would like to see one consistent speed all the way down. Councilmember Dietz added it is mostly residential. City Engineer Paul Stears stated the sections are approximately a half mile long,with signals and stop signs along the way.There already is a transition from each one. Councilmember Durbala commented he would still like to see it all one speed. Councilmember Urich asked if it would be posted that it is 25 mph,as normally 25 mph is not posted. City Engineer Paul Stears stated it would be posted. Councilmember Insalaco asked the opinion of the police department. Chief Robert Warner stated the research of the traffic division concurred with the initial recommendation. He added one of his motorcycle officers was in attendance and suggested they get his opinion. Officer Norm Shafer stated he believed it should be the same speed the entire length.He added the road is narrow between Broadway and 16th Avenue,which has a lot of traffic,including a lot of pedestrian traffic.He recommended it be 25 mph. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 12 OF 42 Mr.Ed Riesen,the president of Apache Villa,addressed the council.He lives on Delaware between 16th and Broadway,and he would be very concerned about any raise in the speed limit. He estimates the average speed of drivers to be 40 to 45 mph.He is even concerned about it being 30 mph,and he would prefer to have it 25 mph.He suggested moving or covering the culvert for safety reasons. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked if photo radar would be next. Mayor Coleman asked Mr.Fisher to stay on the agenda item. Mr.Elliott Fisher stated it is all relevant.This will have to be enforced,and his association has creative ways to deal with enforcement.Generally he is against lowering speed limits unless there have been accidents.He does not see any figures here.He commented that traffic tickets hurt people as it costs them money.He believes this is serious and there needs to be a reason for it. Councilmember Eck asked him if he was asking the council to increase the speed so people will not get tickets. Mr.Elliott Fisher stated there is no evidence showing this speed limit should be lowered.He is all for safety, but there has to be a reason to lower it.These will have to be enforced and there will be an outcry from the public that no one is following the speed limits once they are dropped.He has some ideas,but recently when his ideas have appeared in the paper he has been accused of being confused. Mr.Stan Jenkins,5232 E.Dolphin, Mesa,addressed the council regarding Mountain View Road surfacing. 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. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 13 OF 42 would like Currently, setting up people are this would Councilmember Insalaco stated he to go with the 25 mph on Delaware recommendation of Officer Shafer. he believes at least half of the motorists are going 50 to 55 mph. Councilmember Durbala suggested the speed monitor trailer before changing the speed limit.If going 45 to 50 mph,this might need to be adjusted.He asked if eventually be 4 lanes down to Southern. stated it would be at some point. would happen. Public Works Director Doug Dobson Vice Mayor Surra asked when that Public Works Director Doug Dobson stated it would not be within the next 3 to 5 years. Vice Mayor Surra stated the people walking along the road could have quite a few accidents there in the meantime. Councilmember Durbala stated he sees many kids walking in the street along Winchester as there are no sidewalks, and the speed limit there is 35 mph.These are children,not adults. Vice Mayor Surra stated they have good peripheral vision.Older adults do not. Mayor Coleman commented all the bus stops are on Winchester. Councilmember Urich stated she uses the route frequently and she can see the problem.A number of them use canes. She asked what the speed limit is on Delaware from Southern to the Trail. City Engineer Paul Stears stated it is 35 mph from the Trail to Broadway,from Broadway to 16th Avenue i t is 30 mph,and it is unmarked from 16th Avenue to Southern so it is 25 mph. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 14 OF 42 Councilmember Urich stated she would like to see the entire length 25 mph. Councilmember Eck stated the section north of 16th Avenue is ideal for the ordinance they passed for traffic calming.This area may need a speed bump,if the residents want to request one. City Attorney Joel Stern stated that needs to come up through the Public Works Department.If speed bumps are an issue,a direction to staff should be done. Public Works Director Doug Dobson stated it can only be in subdivisions. City Attorney Joel Stern stated speed bumps would not apply to Delaware. Councilmember Dietz commented he lives off 16th Avenue and Delaware and he drives it several times a day and he has never seen anyone going 50 mph,but they do speed and he would like to see it 25 mph the entire length. Mayor Coleman commented he would like to see it at 25 mph.He closed the discussion and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1100 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE 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 with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 15 OF 42 Councilmember Urich MOVED THAT ORDINANCE NO.1100,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:PAGE 2 OF 3 OF ORDINANCE NO.1100,DELETE "DELAWARE DRIVE" AND SUBSTITUTE ALL REFERENCES TO DELAWARE DRIVE,AND SUBSTITUTE "DELAWARE DRIVE FROM APACHE TRAIL TO SOUTHERN AVENUE,25 MILES PER HOUR". Councilmember Insalaco SECONDED THE MOTION. VOTE:6-1 (Councilmember Durbala voted in opposition.) The motion carried. PROPOSED RESOLUTION NO.99-53/GENERAL PLAN AMENDMENT GPA-99-01,PROPOSED ORDINANCE NO.1102/REZONING CASE BY LARRY AND GERALDINE ZIRKLE )Associate Planner Paul Michaud briefed the council on the item.The applicant is requesting a general plan amendment from medium density to medium density with manufactured home overlay,and to rezone the property from CR-3 medium density residential to CR-3/MH.The applicant wishes to replace the existing mobile home with a newer manufactured home.This property can only have one dwelling unit on it due to the lot size.The property currently has a mobile home with a detached garage on it.The property is within 200 feet of the sewer main so the council could require the applicant to connect up with the sewer.If the newer manufactured home is large enough,it will require sewer hook up.The existing plan to the proposed plan will provide the property with the same dwelling choice as the rest of the lots in the subdivision.The existing mobile home has a setback problem as it exists today.The Planning and Zoning Commission unanimously recommended approval for both the general plan amendment and the rezoning with two stipulations. Mayor Coleman commented they are only trying to upgrade the existing mobile home with a newer manufactured home. Councilmember Urich commented they want to replace it with a 1999 model to accommodate Mr.Zirkle's mother. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 16 OF 42 Mayor Coleman requested the applicant address the council. Mr.Larry Zirkle,1110 W.Roosevelt, stated he would follow whatever rules and regulations the council recommends. would hook up to the sewer system. necessary. old trailer is going. trading it in. Councilmember Durbala asked if he Mr.Larry Zirkle stated he would if Councilmember Eck asked where the Mr.Larry Zirkle stated he is 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 was general discussion as to whether this property qualified for an exemption on the impact fees and whether they would be required to hook up to the sewer system. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.99-53,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-99-01,A REQUEST TO REDESIGNATE AN 11,776 NET SQUARE -FOOT PROPERTY,LOCATED APPROXIMATELY 105 FEET WEST OF THE NORTHWEST CORNER OF N.THUNDERBIRD DRIVE AND W.ROOSEVELT STREET,FROM MD (MEDIUM DENSITY)TO MD/MHO (MEDIUM DENSITY WITH A MANUFACTURED HOME OVERLAY/1 TO 6 DWELLING UNITS PER ACRE)BE APPROVED. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 17 OF 42 VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT ORDINANCE NO.1102 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1102,AS READ BY THE CITY CLERK,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. Councilmember Durbala asked if they were adding an amendment to require sewer hook up.He would like to have it in there to make sure there is no problem.He would like to make an amendment to that effect. City Attorney Joel Stern commented he would advise against that.He asked what the councilmember wanted to do with it. Councilmember Durbala commented he wants to make sure that the applicant has to hook up to the sewer system. City Attorney Joel Stern asked if the applicant was agreeable to it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 18 OF 42 Councilmember Durbala stated the applicant is agreeable to it.He would like to add that to the motion. City Clerk Kathleen Connelly stated there is a motion on the floor.It can either be withdrawn or someone else can include his amendment or make an amendment. Councilmember Dietz MOVED TO INCLUDE THE AMENDMENT. City Clerk Kathleen Connelly stated they would have to ADD A THIRD STIPULATION REQUIRING HOOK UP TO THE SEWER. City Attorney Joel Stern stated they would have to add that IT MUST BE TO SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT NO.1. Councilmember Dietz MOVED AND AMENDED AS SO STATED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1098/REZONING REQUEST BY BRENT LEPPER FROM GR TO CR-3/MH) )Associate Planner Paul Michaud briefed the council on the item.The property is at the southeast corner of Tepee and Desert View.The request is from general rural to CR-3/MH to allow the applicant to split the property into two lots.The property currently has 3 lawful noncompliant structures on it.There are 1964 and 1972 mobile homes joined together on the south half of the property.One of these must be removed and the remaining must be brought up to Uniform Building Code standards.There are two nonconforming sheds that are located on Tepee Street;they need to be located in the side or rear yard.The property has a 6'high chain link fence surrounding it;the front yard can be no more than 4'6".There is also a detached garage on the very southern portion of the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 19 OF 42 property.This has no setback problems.The Planning and Zoning Commission final recommendation had the standard stipulations and included the relocation of the two sheds before the property owner could submit for the land split, the fencing must comply with the zoning ordinance,and that the two mobile homes must be removed from the property within 24 months of the date of city council approval or before final inspection of the proposed dwelling on the northern lot.The Planning and Zoning Commission voted 4-2 for approval:the dissenting votes wanted the mobile homes immediately removed contingent upon the sale of the southern half. Mayor Coleman requested the applicant address the council. Mr.Brent Lepper,2575 W.Tepee, Apache Junction,addressed the council.He commented he would like to put a manufactured home on the north lot. Councilmember Insalaco asked if this would be a new home. Mr.Brent Lepper stated it will be a 1986 or newer model. 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 Urich asked if it was known when the southern portion of the lot would be sold. Ms.Julia Alvarado,2575 W.Tepee, Apache Junction,stated some people put some money down to hold the property. It has to be rezoned,have a new water meter put in on the back half,and have an address before it can be sold. Councilmember Urich asked if the council would be amenable to making the removal of the nonconforming mobiles contingent upon the sale of the southern portion of the property. Councilmember Eck agreed. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 20 OF 42 Mr.Brent Lepper stated he will need at least 120 days following the sale of the property to move out. Councilmember Urich stated she is concerned about the people who live on the southern portion at this time. Vice Mayor Surra commented that he does. Councilmember Urich commented she thought that both of them lived there.She asked if both of them would be moving to the northern portion. Ms.Julia Alvarado stated they would be moving there. There was general discussion about giving them 120 days to move out following the sale of the southern portion. Vice Mayor Surra asked what buildings would be going and which would be staying. Associate Planner Paul Michaud stated the detached garage is staying,but they have plans to demolish it. Vice Mayor Surra asked if it was in the correct place if the frontage becomes Desert View. Associate Planner Paul Michaud stated it would be.The joined mobile homes will go.The two sheds will have to be relocated,removed or destroyed. Vice Mayor Surra commented those sheds are not supposed to be there now,and then asked why the city is waiting for them to be removed. Associate Planner Paul Michaud stated the ordinance states they have to be relocated before the properties are split,but i t is up to the council as to the effective date. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 21 OF 42 Councilmember Durbala asked if they are supposed to remove the sheds once the ordinance is approved. Associate Planner Paul Michaud stated not the way the ordinance is drafted right now. Councilmember Durbala commented the city needs to work with people sometimes.He asked how much time they would need to remove the buildings. would only have to be moved six inches. shed it is. wood -sided,dry wall shed. floor it has. rocks. Mr.Brent Lepper stated the one shed Councilmember Eck asked what kind of Mr.Brent Lepper stated i t is a Councilmember Eck asked what kind of Ms.Alvarado stated the floor is Vice Mayor Surra commented they would have to move it 6"if they used Desert View as their front.If Tepee remains the front,then the shed would be nonconforming. Associate Planner Paul Michaud stated it could still be in their side yard if the home were set 20'from the property line,as the shed is 56'from Tepee. Councilmember Dietz asked about the other shed. Associate Planner Paul Michaud stated the other shed would have to be removed. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 22 OF 42 Councilmember Durbala commented he would not be able to have it on the property at all. Mr.Brent Lepper stated he could if he moved it. There was general discussion as to where the second shed would have to be moved and the permitting process. Vice Mayor Surra stated he is supposed to vacate upon 120 days of the sale of the southern portion.He should have a home up there at that time. Mr.Brent Lepper stated he might not move there right away;he might move elsewhere,like an apartment. Vice Mayor Surra stated that would alter her vote,as he really does not have any firm plans. Mr.Brent Lepper stated he has plans,but they may not come to fruition in 120 days. Vice Mayor Surra commented it could even be 2 to 5 years from now. Councilmember Durbala stated if it was more than 2 years the land split would revert back. Vice Mayor Surra stated he has to move the sheds in two years,not just put a mobile home on it.They are not in compliance now,she did not see why she should wait another 2 years. Councilmember Urich asked if Mr. Lepper's father was the owner who put the buildings on the property,and he and the other heirs had inherited this upon his death. Mr.Brent Lepper stated that was correct. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 23 OF 42 not put any of the sheds up himself. one-up that is 6"off. was only 6"off in his estimate. in the front,not the back. Councilmember Urich commented he had Mr.Brent Lepper stated he did put Councilmember Durbala commented he Vice Mayor Surra commented he put it Councilmember Durbala stated at one time it was the back,and he could not see arguing over 6 inches. Councilmember Urich commented she drove over there yesterday and found the arrangement interesting. Associate Planner Paul Michaud asked the city attorney if the city only wanted 33'dedicated on the north and west. City Attorney Joel Stern stated that was correct. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1098 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 SEPTEMBER 21,1999 PAGE 24 OF 42 Councilmember Durbala MOVED THAT ORDINANCE NO.1098,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. any amendments. not. Councilmember Insalaco SECONDED THE Vice Mayor Surra asked if he wanted Councilmember Durbala stated he did Councilmember Urich MOVED TO AMEND THE ORDINANCE,PAGE 2 OF 3,PARAGRAPH 6,THE EXISTING,CONNECTED NONCONFORMING MOBILE HOMES ON THE PROPERTY INDICATED ON THE SITE PLAN ON FILE WITH THE PLANNING DIVISION OF THE APACHE JUNCTION DEVELOPMENT SERVICES DEPARTMENT,IN CASE FILE PZ-99-09,REMOVE THE LAWFUL NONCONFORMING MOBILE HOME CONTINGENT ON THE SALE OF THE SOUTHERN PORTION OF THE PROPERTY. Councilmember Eck MOVED TO ADD MUST BE REMOVED WITHIN 120 DAYS FROM THE SALE OF THE PROPERTY. addition to her motion to amend. Councilmember Urich accepted the Councilmember Eck SECONDED THE AMENDMENT. VOTE ON THE AMENDMENT:6-1 (Councilmember Durbala voted in opposition.) The motion carried. VOTE ON THE MAIN MOTION:Unanimous. The motion carried. OLD BUSINESS. None. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 25 OF 42 NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DIRECTION TO STAFF ON POLICY FOR IMPLEMENTATION OF BUDGET -APPROVED INCENTIVE PROGRAM FOR EMPLOYEES AT TOP OF RANGE ) )Councilmember Insalaco stated this had been talked about in June.He would like to give DIRECTION TO STAFF TO GIVE ALL THE TOP OF RANGE EMPLOYEES A CLEAR $1,000 BONUS WHO HAVE RECEIVED A 3%,4% OR 5% ON THEIR EVALUATION. Vice Mayor Surra commented her original proposition stated they had to have a rating of above standard.A rating of 3 is not above standard;it now meets expectations.This bonus should be for those rated a 4 or a 5. agree. believed it was 3% out of the 5. not agree with that direction. Councilmember Insalaco did not Councilmember Durbala stated he Vice Mayor Surra commented she could City Attorney Joel Stern stated the 4 and 5 ratings deal with "far exceeds standards". that comment. exceed standard. Councilmember Durbala agreed with Vice Mayor Surra commented they City Attorney Joel Stern commented he believes it means "far exceeds standards". REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 26 OF 42 proposed it be either a 4 or to bring that back in a hard seen this in writing;she is The employee should not just expectations in order to get quite nicely for doing their their range. Vice Mayor Surra commented she had a 5.She would like the direction to staff to be ,written proposal or policy.The council has not not certain council is clear on the proposal. meet standards,they have to exceed standard the bonus.The employees are already being paid regular job,as they are already at the top of Councilmember Durbala stated they are at the top of their range because they have been there long enough regarding the time factor. Vice Mayor Surra stated some of the people got to the top of the range because of merit. Councilmember Durbala stated some of them did not get their merit along the way. Vice Mayor Surra commented she would like to see something in writing now.It has only been verbalized thus far. Mayor Coleman suggested having Sue Stalcup develop a policy for implementation of the incentive program. Councilmember Urich stated she would like to see something in writing. Mayor Coleman stated she could work on it,bring it back to council and then it could be made retroactive to July 1. Vice Mayor Surra asked if that would be for performance evaluations due after July 1. City Clerk Kathleen Connelly commented there was a motion on the floor without a second. Councilmember Durbala SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 27 OF 42 Mayor Coleman commented he did not call for a motion.Therefore,he stated there was no motion on the floor.He asked for any other discussion. Vice Mayor Surra commented she would like to see a policy developed and returned to council to be retroactive to July 1,also. Councilmember Durbala stated he would like to see it come back with 3%included. Councilmember Urich commented she would like to see it come back in writing and decide the qualifying ratings at that point. Councilmember Eck asked if Councilmember Durbala meant 3 when the maximum was 4. Councilmember Durbala stated he meant with the maximum rating going to 5.That is what they had talked about then. Vice Mayor Surra disagreed. Mayor Coleman asked if a 3 is meets expectations. There was general discussion as to the intent of the 3 rating.The 3 rating is standard performance under the new system. Councilmember Urich commented she would like to see what each rating,1 through 5,stands for. Vice Mayor Surra reiterated that her proposal was for those people who were exhibiting above standard performance. Councilmember Durbala proposed bringing them both back. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 28 OF 42 Vice Mayor Surra suggested Sue Stalcup may have a middle of the road proposal. Councilmember Durbala asked that Sue Stalcup come back with criteria as to what each rating is. Councilmember Urich requested to know the number of people that fall into each of those ratings. Mayor Coleman called for a motion. City Clerk Kathleen Connelly stated there already was a motion on the floor with a second;the motion from Councilmember Insalaco with the second by Councilmember Durbala. Councilmember Insalaco repeated his motion TO DIRECT STAFF THAT THESE PEOPLE WHO ARE AT THE TOP OF THEIR SALARY RECEIVE A $1,000 BONUS WITH 3% OR ABOVE,WITH NO DECREASE,IN FULL.THEY GET $1,000. Mayor Coleman offered a substitute motion.He MOVED TO GIVE DIRECTION TO STAFF,TO OUR HUMAN RESOURCES DIRECTOR, TO DEVELOP A POLICY FOR IMPLEMENTING THE BUDGET -APPROVED INCENTIVE PROGRAM FOR EMPLOYEES FOR AT THE TOP OF THE RANGE,AND TO BRING THAT BACK TO US FOR CONSIDERATION. Councilmember Urich SECONDED THE MOTION. Councilmember Durbala asked if he was going to add having the criteria from 1% to 5% put in there. City Manager Curtis Shook stated it would be included as a matter of course. Councilmember Durbala commented he wanted to make sure it was included because sometimes things do not always come back the same way. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 29 OF 42 Councilmember Urich SECONDED THE SUBSTITUTE MOTION. Councilmember Durbala MOVED THAT THEY COME BACK WITH THE CRITERIAS FOR THE 1,2,3,4,AND 5%. City Clerk Kathleen Connelly asked which motion he was amending. Councilmember Durbala stated he had offered a substitute motion. Mayor Coleman asked for a second for the amendment.The amendment died for lack of a second as the majority of council believed it would be included in the information.He then called for a vote on the substitute motion. VOTE:5-2 (Councilmembers Insalaco and Durbala voted in opposition.) The motion carried. Mayor Coleman requested the original motion be read back by the city clerk. City Clerk Kathleen Connelly read the motion THAT DIRECTION BE GIVEN TO STAFF TO IMPLEMENT A PROGRAM SO THAT PEOPLE AT THE TOP OF RANGE RECEIVE A BONUS OF $1,000 CLEAR IF THEY ACHIEVE 3, 4,5%. Mayor Coleman commented i t is not a whole lot different from his motion. VOTE:4-3 (Mayor Coleman,Vice Mayor Surra and Councilmember Urich voted in opposition.) The motion carried. Vice Mayor Surra commented the motions were in conflict.Both cannot be asked as they do not work together. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 30 OF 42 Councilmember Urich agreed. Vice Mayor Surra commented the one motion states to implement something that is not in existence. how it was passed. thought that is what i t is supposed to do. report can address both issues. Councilmember Durbala stated that is Councilmember Dietz commented he City Attorney Joel Stern stated the Councilmember Eck commented if they knew something was coming on the next agenda from human resources they could probably talk about how long a time frame. Councilmember Urich suggested asking Sue Stalcup. Councilmember Eck asked Sue Stalcup what kind of time frame she would need to have the report with all the necessary criteria,and if she could have it finished by October 5. Human Resources Manager Sue Stalcup stated she could. There was general discussion as to the first agenda it could be readied by.It was suggested the report be ready by the second work session in October. Councilmember Eck commented they could pass i t in October and everything could be retroactive. Vice Mayor Surra commented it does not have to be retroactive as they only get it once.It is just for anyone who gets their evaluations from July 1 on. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 31 OF 42 Councilmember Eck stated that is what he is saying. Vice Mayor Surra commented the money does not make any difference. Councilmember Eck commented it does if something is passed in October and an employee gets a review in September and it is not retroactive to July 1. Vice Mayor Surra stated they have already said that this is part of the salary improvement plan which went into effect July 1. City Clerk Kathleen Connelly asked if there was a deadline on either of the motions passed.If not,the door is left open to bring something back. City Attorney Joel Stern stated there was no direction to bring it back by a certain date. City Clerk Kathleen Connelly stated the other motion was simply to implement. Councilmember Dietz commented it would be implemented when it was brought back. City Attorney Joel Stern commented there is no time limit.Several councilmembers have stated they would like to see it brought back in two weeks,but he did not hear a specific time.They can direct staff to do that,but they will need another motion to do so. There was a general discussion on a specific time for the information to be brought back. Councilmember Dietz MOVED FOR A TIME FRAME FOR THE DIRECTION GIVEN TO STAFF TO BRING BACK THE INFORMATION ON THE SECOND WORK SESSION IN OCTOBER,WITH THE PROCEDURES AND POLICIES,FOR BOTH MOTIONS. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 32 OF 42 Councilmember Durbala SECONDED THE MOTION. NOTE:A roll call vote was never done for this motion. Councilmember Eck commented it did not matter,as it would be done anyway. Vice Mayor Surra commented it makes a big deal because one says implement and the other says to bring a policy on a program.They are totally in conflict. Councilmember Eck stated there were two motions.The first motion oversees the second motion. Mayor Coleman commented he thought when you offered a substitute motion it actually substituted for the first motion,and that there would not be a vote on the first motion. City Clerk Kathleen Connelly stated the first motion takes priority. Councilmember Insalaco asked where they now stand. Councilmember Durbala stated they implement the program and have the human resources manager bring back the information. Vice Mayor Surra stated the problem is they do not have a program and you do not have an agreement on the policy. Councilmember Dietz commented they have asked for the policy to be brought back to council in the second motion. Vice Mayor Surra commented a percentage of 3,4 or 5 was listed in the first motion which has not been agreed upon by everyone. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 33 OF 42 Councilmember Durbala commented the motion passed. Vice Mayor Surra commented they have asked for a policy to be written so it can be clarified. Councilmember Durbala commented that was not asked for in the first motion. Vice Mayor Surra commented it was in the second motion which he also agreed upon,and was passed. voted against that second motion. motion was Councilmember Durbala commented he Councilmember Eck asked if the first the mayor's motion and the second was Councilmember Insalaco's. Councilmember Durbala stated the first was Councilmember Insalaco's,the second was the mayor's. they bring motion was the second City Attorney Joel Stern suggested back both motions with the written policy. Councilmember Dietz commented his to bring back the information from both of the previous motions on work session in October. Vice Mayor Surra stated it already says you are going to pay at 3 percent. Councilmembers Durbala and Insalaco agreed. Vice Mayor Surra stated the second motion was to look at other options.She questioned why they should look at other options if they have already passed the 3 percent. Councilmember Dietz reminded them they have a motion and a second. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 34 OF 42 City Clerk Kathleen Connelly commented this may not be a proper motion. There was discussion as to whether this was a proper motion and Robert's Rules of Order.City Attorney Joel Stern suggested a ten minute break to research the question. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. City Attorney Joel Stern stated he has different versions of Robert's Rules.The code does not say which version to use.The city clerk has three different versions.The different versions contradict each other as to which of the first two motions would take precedence.If the language is changed from the first motion,it cannot be called a substitute motion. Mayor Coleman commented he did not really change the language. City Attorney Joel Stern stated he changed the subject.One was implementation,the other was to bring back research.He suggested both parties agree to withdraw their motions and start with a new motion,as they now have conflicting motions. Assistant City Manager George Hoffman asked if they could withdraw a motion after it had been voted upon. City Attorney Joel Stern stated they could.The motions should be withdrawn,there should be a discussion on the motions,and then a new motion should be called for. Mayor Coleman stated he would withdraw his motion if Councilmember Insalaco would withdraw his.He then withdrew his motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 35 OF 42 Councilmember Insalaco would not withdraw his motion. City Attorney Joel Stern stated they had two conflicting motions,with one calling for implementation and the other for research on the issue.What would happen is one policy would get implemented and then council would have research on the issue.He is not sure council would wish to do that;he is unsure if council would want to vote on it again when i t is brought back.There would be a conflict in the policy. Mayor Coleman again stated he would withdraw his motion. City Attorney Joel Stern stated they could make a motion to table the issue or continue the discussion on the motions passed. Councilmember Durbala asked what would be tabled if only one motion is withdrawn. City Attorney Joel Stern stated they may want to discuss implementation versus information and then vote on the actual policy.Vice Mayor Surra wanted to see the policy before it was actually voted upon. Vice Mayor Surra commented she wanted to see it because it did not sound the same as what she believed the previous discussions had led to.There are apparently some misunderstandings as far as what they are actually talking about.She does not feel they can vote on implementation when they are not positive about what they are saying. It was not clear to her that they were going for 3,4 and 5 after they had changed what those percentages stood for.She is not certain if everyone on the council understood that meeting standards would be part of the implementation of the bonus money. City Attorney Joel Stern commented they can direct staff to come back with research and a policy that would be implemented,and the policy may conflict with that research. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 36 OF 42 Councilmember Dietz asked if staff would be coming back with a policy that would implement it. Vice Mayor Surra commented the motion is to implement with specifics for $1,000 clear for anyone who received a performance rating that would have indicated a 3,4 or 5 percent increase in pay had they not been at maximum. City Attorney Joel Stern added that it would be retroactive to July 1. Vice Mayor Surra continued,saying that is what Councilmember Insalaco's motion was.The mayor's motion was for this to come back in the form of some options,a policy and a way of implementing the award instead of implementing it at this time.She believes this is to be a continuing program in the future,and the mayor's motion was to bring back the kind of information so they could make a decision later about what they would implement. Councilmember Urich commented that was what she understood also. City Attorney Joel Stern commented the council could put this back on the agenda in two weeks with a motion for reconsideration. Vice Mayor Surra commented that motion would have to come from someone who voted yes on his motion. Councilmember Dietz stated he voted yes on both motions and he was confused as to what was happening. Councilmember Urich asked if a vote for reconsideration could be done tonight. City Attorney would have to be done at the next council meeting to be Councilmember thought a vote for reconsideration could be done at the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 37 OF 42 Joel Stern stated it effective. Urich commented she same time and night. could not have adjourned. have not adjourned. depend on whose book you looked at. Vice Mayor Surra commented they Councilmember Urich commented they Councilmember Dietz added it would City Attorney Joel Stern stated it was not a public hearing,and he would probably go by his version of Robert's Rules. Councilmember Urich believed she was correct if they had not adjourned. City Attorney Joel Stern quoted "any action taken by the city council must be made not later than the second succeeding official regular meeting of the city council".He would support that rule if it were being used,and they could probably make that tonight. Councilmember Durbala commented they would then have three motions. City Attorney Joel Stern commented they would have the motion for reconsideration at the next meeting,and they would be right back where they are now. Councilmember Eck asked if they were still open for discussion. City Attorney Joel Stern stated the discussion is still open. Councilmember Eck asked if they could change it to be voting on criteria.They should not be picking a percentage,but a criteria. Vice Mayor Surra stated that was correct. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 38 OF 42 Councilmember Eck stated he voted for it the first time because of the way the merit system has been for the past few years.It has been difficult to get decent merit raises. just wants to see it in writing. RECONSIDER. thought he had already done that. the motion was. TO RECONSIDER BOTH MOTIONS. Councilmember Urich commented she Councilmember Eck MOVED TO Councilmember Dietz commented he City Attorney Joel Stern asked what Councilmember Dietz stated he MOVED There was some discussion as to whether Councilmember Dietz had originally included both motions. will postpone everything for two weeks. Councilmember Durbala commented this Councilmember Eck SECONDED THE MOTION. VOTE:6-1 (Councilmember Insalaco voted in opposition.) The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 4,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 39 OF 42 THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 5,1999,IN THE CITY CONFERENCE CENTER. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Surra stated the city did not win anything at the Valley Forward dinner.She wonders if the city is not presenting their projects effectively. However,it was a good dinner and she was able to learn about the Rio Solado project. Mayor Coleman commented the city was well represented at the League Conference.They attended many good sessions. Councilmember Durbala commented the mayor is finally becoming a golfer;he has won 3 of the last 4 tournaments he has been in. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:10 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of August 3,1999. 3.Acceptance of Minutes of Regular Meeting of August 3,1999. 4.Acceptance of Minutes of Regular Meeting of August 17,1999. 5.Approval of Award of Bid for PW 99-23,Preparation of Improvement Plans for Auto Center Drive (south of US 60)Tomahawk Road to Cactus Road. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 40 OF 42 6.Approval of Award of Bid for PW 99-22,vinyl sheeting for signage purposes. 7.Approval to reject bid for PW 99-25 for miscellaneous concrete work. 8.Approval to reject bid for PW 99-19 for shotcrete and the concrete cut- off wall at Rock Shadows Drainage Channel,Phase II. 9.Approval to reject bid for PW 99-27 for Phelps Drive sidewalks from Broadway Avenue to South of Apache Trail. 10.Appointment of Apache Junction police representative to the Public Safety Personnel Retirement Board. 11.Approval of Intergovernmental Agreement with the Apache Junction Unified School District No.43 to provide funding for two School Resource Officers. ACCEPTED THIS 19TH DAY OF OCTOBER ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER ,1999. DOUGLAS C9LEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 41 OF 42 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 21st day of September,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of October,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,1999 PAGE 42 OF 42