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HomeMy WebLinkAbout1999-10-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 5,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 5,1999,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL ITO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra 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 Development Services Director Glen Van Nimwegen Building Official Dennis Dixon Others Present:Lieutenant Steve Francis REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 1 OF 28 Officer Clyde Allison Associate Planner Paul Michaud Associate Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:LIBRARY STUDENT LAB ASSISTANT ANTHONY FITZWATER;PERMIT TECHNICIAN I I MIKKI FRAZIER;CIVIL ENGINEERING PLAN REVIEWER DAVE GILLETTE;BUILDING SECRETARY LAURA KRAEMER; LONG RANGE PLANNER KATE MORRIS;AND PERMIT TECHNICIAN I PATTI SIKORSKI;AND THAT RESOLUTION NO.99-55,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR LANDSCAPING DESIGN AND CONSTRUCTION WORK IN A PORTION OF STATE ROUTE 88;AND FURTHER AUTHORIZING PAYMENT OF UP TO $12,500 AS A CONTRIBUTION FOR SUCH WORK,BE APPROVED;AND THAT APPROVAL BE GIVEN FOR THE STATE AND LOCAL GOVERNMENT 5 -YEAR FAIR MARKET VALUE LEASE WITH LUCENT TECHNOLOGIES FOR TELEPHONE SYSTEMS EXPANSION, REPLACEMENT AND UPGRADE OF EXISTING DEFINITY G3S1 SYSTEM AND INTUITY AUDIX SYSTEM IN THE AMOUNT OF $3,789.88 PER MONTH PLUS COSTS RESULTING FROM ADDITIONAL EQUIPMENT NEEDS,AND ADVANCE PAYMENT OF ONE-TIME CHARGES SUCH AS INSTALLATION,TRAINING,WIRING,MAINTENANCE,ETC.IN THE AMOUNT OF $39,466.26, AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER TO SIGN NECESSARY DOCUMENTS SUBJECT TO APPROVAL BY THE CITY ATTORNEY;AND THAT THE EMPLOYMENT AGREEMENTS FOR THE CITY MANAGER AND THE CITY ATTORNEY,EFFECTIVE JULY 1,1999, BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Chief Robert Warner presented Distinguished Service Awards to Officer Clyde Allison and citizen Kevin Crandel in recognition for their rescuing Ms.Ethel Dickens from her burning mobile home.He described the event for those attending the meeting and praised Officer Allison for his actions and how they REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 2 OF 28 reflect on law enforcement.Officer Allison came forward to receive his award in person;Kevin Crandel was not in attendance at this time and would be given the award later.Officer Allison thanked everyone for the award. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,praised Officer Allison on his actions.He then urged council to revisit the issue of development fees, citing a poll showing the people are divided on the issue and he believes these fees will cost the community jobs,and to enhance the community with proper transportation.He congratulated the city on their award for the focal point.He closed by complaining about ordinances being pushed through with an emergency clause,giving little chance for the public to add their input and their not being advertised in the paper. City Manager Curtis Shook advised the council that Mr.Crandel had arrived and suggested they go back to the previous item if there were no more speakers at Call to the Public. AWARDS AND PRESENTATIONS Mayor Coleman returned to this item to allow Chief Warner to give Mr.Kevin Crandel his Distinguished Service Award.He praised him for his actions, adding he is not paid to risk his life and that he immediately responded to Officer Allison's call for assistance.Mr.Kevin Crandel accepted his award and gave an accounting of the event. CITY MANAGER'S REPORT City Manager Curtis Shook asked Development Services Director Glen Van Nimwegen to brief the council on the schedule for passage of the general plan. Development Services Director Glen Van Nimwegen stated they were unable to get the council a draft of the plan by the tentative date of September 24.It has been provided tonight.They will give the council additional time to look at this and he recommended it be brought back for final adoption on November 2, 1999. City Manager Curtis Shook stated the Focus Future Program is moving along. They have a board of 12 people split into 7 different areas to concentrate on. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 3 OF 28 They will be putting together a report and are looking forward to establishing a relationship with the council and to be a public participation arm.In addition,the second Leadership Institute is scheduled to begin in November. There are 24 spots with 12 of them already taken.It will be spread out over approximately 3 months. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR SUPERSTITION SKIES RESTAURANT )City Clerk Kathleen Connelly briefed the council on this item.Correspondence from the police department, planning department and fire district are in the packet.A representative of the fire district was requested to be here to explain their memo because the contents indicate there are fire code violations at the restaurant,and one memo states they would not give approval until the building division had conducted an inspection.The applicant was notified of the meeting and asked to be present. Ms.Kim Porter,945 E.Scenic, Apache Junction,addressed the council. Vice Mayor Surra commented she and Mr.Lee had indicated liquor violations while in automobiles in their application.She asked if his drunk driving charge had been settled. it is still pending. had purchased the business. hearing on the item. Ms.Kim Porter stated she believed Councilmember Dietz asked if they Ms.Kim Porter stated they had. Mayor Coleman opened the public David Montgomery,Deputy Fire Marshal,Apache Junction Fire District,2652 E.Isabella,Mesa,addressed the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 4 OF 28 Mayor Coleman asked him to go over some of the points on the memo that was given to the council. Mr.Dave Montgomery stated they initiated an annual inspection in February,while the business was under a different owner.There were some obvious building and fire code violations at that time.Code compliance was advised,with no actions pending at that time. The inspection sat dormant until the last two weeks when the new owners asked to have it inspected.There are minor violations to the fire code,the kind they expect when they go in for annual inspections.There are violations of the building code and he advised the building division of such so they could inspect the building to see if it is safe for the public. Councilmember Eck asked if the fire department considers this building safe at this time. Mr.Dave Montgomery stated there are minor violations.The owners have told him they will be progressing in bringing all of them into compliance.As far as the fire district is concerned,now that the building division is working with the owners to bring i t into compliance with the building code,they can now approve the item. Vice Mayor Surra stated there were existing electrical,exiting and miscellaneous violations in 1995.The same violations appear on the 1999 inspection.This has been out of compliance for a long time.It was approved in 1995 with the condition that these violations would be cleared.She asked how she is to believe that these problems will be take care of now.There is a lack of trust regarding this property. Mr.Dave Montgomery stated there was a major movement within the fire district and the building division in 1995 due to the numerous violations.The fire marshal recommended denial at that time.There was extensive work done then and the fire marshal signed off on the repairs that brought the building into compliance.Since then,there have been numerous renovations in the structure by the various owners,and these have brought it out of compliance once again. unapproved door locking devices REGULAR MEETING OCTOBER 5,1999 PAGE 5 OF 28 Vice Mayor Surra stated the locks,the obstructed exit,the panic hardware and illegal were all listed as violations in 1995 and 1999.She wondered OF THE CITY COUNCIL if these were taken down during the inspections and then replaced afterwards. She has a problem recommending approval on a business that puts the people attending in jeopardy.There is a terrible history of non-compliance associated with this business. Mr.Dave Montgomery stated they work with the businesses annually.Once any violations are corrected for the year, i t is out of their control unless a member of the public complains to them. Councilmember Dietz asked about his memo stating that some of these violations appear to go back to the early 1980's.They appear to be consistent even though it is checked every year. Mr.Dave Montgomery stated some of these are minor violations like the use of unapproved extension cords as permanent wiring and things placed in front of exits.They clear it up and do the same thing over and over again. Vice Mayor Surra asked if the mortgage holder has been the same since the early 1980's. Mr.Kent Lee stated that is unknown, he believes it has been the same for the past 4 or 5 years.He added they are leasing it,they have not purchased it. Vice Mayor Surra commented it is the same owner who has been responsible for these repairs since 1995. Councilmember Durbala commented you could probably find the same violations around city hall if one went looking for them.He asked Dave Montgomery about some of the other violations and received responses from him,and asked if he had found any other major problems. Mr.Dave Montgomery stated these cover the major problems. Councilmember Durbala asked what he had informed the building division. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 6 OF 28 Mr.Dave Montgomery stated he informed them that there could be a problem with the structural integrity due to interior remodeling renovations done.He did not know when that occurred. Some structural supports have been taken out. Councilmember Durbala asked if the city could require lessees to make structural repair or would the owner be required to make the repairs. City Attorney Joel Stern stated it would be their business so they would be responsible for the permits and being in compliance,regardless of who the owner is.It is a separate business license for the establishment. Councilmember Urich asked if the applicants have started to make any of the corrections or given any indication on how long the repairs might take. Mr.Dave Montgomery stated the inspection process is still open.They have indicated they were going to begin making repairs immediately after he finished the first session with them. Councilmember Urich commented she believed they had just leased the business recently. Mr.Dave Montgomery stated he was out there approximately a week and a half ago and they had contacted him about the inspection shortly before that. Councilmember Urich commented she is sure the owner did not inform them of the difficulties. Mr.Dave Montgomery commented he does not believe the owner did. Councilmember Eck asked the city attorney if the city can enforce all these corrections before they are given their business license. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 7 OF 28 City Attorney Joel Stern they could not.The business license is separate from obtaining these permits. Councilmember Eck commented he thought they had to go through this process in order to get a business license. City Attorney Joel Stern stated they have to be in compliance with all safety regulations in the city code.If they do not have that,they cannot operate the business.If they did,the city could get an injunction to stop them.He briefed the council on the recommendations they could give for the liquor license,and advised them they would have to have specific reasons why the council had recommended denial,i f they choose to deny it,and those reasons have to be in the motion.The city must take into consideration evidence that all licenses and permits have been obtained from the state and other governing bodies,including the fire district. Councilmember Durbala suggested continuing this for two weeks to see if they will affect the repairs. City Attorney Joel Stern commented there may be some time issues with the state.If it takes too long,the state will deem that the city has no problem with the application. City Clerk Kathleen Connelly stated there is a 60 day time limit from the time it is received at the city. City Attorney Joel Stern stated there may be some time for continuance,but i t is a tight time frame. Building Official Dennis Dixon commented there has been remodeling that has taken place where no permits were obtained.The applicants told him today that they intend to obtain the appropriate permits and perform the work. Councilmember Durbala asked if those were the two problems that had been talked about. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 8 OF 28 Building Official Dennis Dixon stated he reviewed the file today.Phil Carothers went out there last week for an inspection and had a discussion with them. Councilmember Durbala asked for an estimate on how long the repairs would take. Building Official Dennis Dixon stated it should not take longer than a week. Councilmember Durbala asked if there would be a sufficient amount of time to make any repairs and for staff to perform follow up if this was continued for two weeks. Building Official Dennis Dixon stated they could complete the repairs if they were highly motivated. City Clerk Kathleen Connelly stated a business license had not been issued for this applicant as of 2:00 p.m.this afternoon.County Health approval must be received before the city can issue the license. Vice Mayor Surra commented they had received a highly motivated letter in 1996 on how terrible it would be for them not to be able to run the business while they waited for all of this to happen,and that they would miss the deadline for the liquor license.She suggested they deny the liquor license until the building is in compliance with all regulations.They can reapply for the liquor license when they are ready to do business. Councilmember Durbala stated he would like to see a two week continuance on this. Councilmember Urich agreed. Councilmember Dietz stated Dennis Dixon had mentioned some things that were not in the memo to Kathy,such as noncompliant plumbing in the kitchen,the gas flue,the water heater is too close to the wood and shut off access to the second floor.He asked if these things would also need to be done in order to comply. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 9 OF 28 Building Official Dennis Dixon stated shutting off the access to the second floor is quite simple to do;it should not be difficult to do. There was general discussion on the closure of the second floor. Vice Mayor Surra stated she does not believe they should be applying for a license until the building is in compliance.She thinks they are premature in operating a business that is unsafe. Councilmember Durbala suggested giving them a continuance of two weeks and if things are not taken care of they can vote the other way. Councilmember Dietz asked Dennis Dixon if the things mentioned in the memo could be accomplished in two weeks. Building Official Dennis Dixon stated they could;these are all minor. Councilmember Urich asked if the applicants have been cooperative with him in on his suggestions. Building Official Dennis Dixon commented they seem like they intend to do it. Councilmember Durbala asked the applicants if they could accomplish all of these things in two weeks. Mr.Kent Lee stated almost everything could be accomplished with the exception of the one structural column.It needs an engineer to come look at it and he has no idea what the engineer would say.It may be simple and it may be complicated;it may not be able to be accomplished in two weeks.Most everything else could be accomplished;the agreement with the owner calls for them to take care of all of these violations,not the owner.They would have to move quickly to accomplish everything that needs to be done in two weeks but they can do that, with the exception of the structural column. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 10 OF 28 Councilmember Dietz commented they do not have a business license at this time since they are waiting for the health inspection. Mr.Kent Lee stated the health inspector had been out but they had overlooked everything until this afternoon.She had given them an okay to serve food and they had misplaced the papers. Councilmember Dietz commented it is just a matter of getting their paperwork into the city to get the business license. Mr.Kent Lee stated that is correct. Councilmember Urich asked if they would make an effort to get the engineer in to look at that column if they were given the two week continuance,knowing it could mean approval or not. Mr.Kent Lee commented construction can move slowly.He would have to call them to get them to set an appointment to come out and this is a very small project which they would consider minor. He believes they could accomplish it,but he cannot guarantee it.It would depend on when the engineer is able to come out and how soon he would get the paperwork back.He would do the best he could to accomplish it. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented the city is requiring the work to be done,yet they are requiring permits all along the way.It appears hypocritical when a man was killed in this city when strict code enforcement could possibly have prevented it.He feels the councilmembers are talking down to people about minor situations that are being hampered by the city. Vice Mayor Surra stated the city did not have the authority to do some of the other things.The city does have authority here,and the city would be remiss if health,safety and welfare were not considered.She cannot do anything about something where she does not have authority to act,but she can where she does have authority to act. That is what she was elected to do,and he has not reached that level yet. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 11 OF 28 Mayor Coleman commented they require them to pull permits in order for the city to be sure it has been inspected. The permit is for them to know when to inspect,and if there is no inspection there is no enforcement,and there is no way to know if the work has been done. 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 THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE SUBMITTED FOR SUPERSTITION SKIES RESTAURANT BE CONTINUED FOR TWO WEEKS. Councilmember Insalaco SECONDED THE MOTION. VOTE:6-1 (Vice Mayor Surra voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PROPOSED ORDINANCE NO.1078/CITY-INITIATED TEXT AMENDMENTS TO ARTICLE 21 SIGN CODE ) )Associate Planner Rudy Esquivias briefed the council on this item.This is to allow for a process where developers may erect off -premise signs subject to a permitting process,and only for exceptional and unusual circumstances having to do with health and public safety in nature:and to come up with a process wherein subdivision developers could request weekend directional signs.Ordinance No.1078 will accomplish this.However,there is currently an amendment being developed regarding the fee structure in the development code,and it will affect this ordinance.The other amendment will be heard on October 19 and staff is requesting that Ordinance No.1078 be continued until that meeting as the fees REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 12 OF 28 should be adopted first.The city attorney has recommended some minor housekeeping items to this ordinance and they will be discussed at the next meeting. Vice Mayor Surra commented she was glad the fees were coming out at this time so they could all be put into one section. City Manager Curtis Shook asked the city attorney if these changes would be ready by the October 19 deadline. City Attorney Joel Stern commented he has reviewed both ordinances and he does not see any problems.He has already finished his part in the review. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,commented he has no problems with the developers'signs or any of the other temporary signs.He is concerned with the traffic problems that may occur if these signs are removed and if more would be added to the cost of the house if the developers have to add on advertising costs. Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,commented she is not in favor of these signs.She is concerned there will be signs over every bare space due to the number of builders involved. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT THIS ITEM BE CONTINUED TO OCTOBER 19,1999. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 13 OF 28 The motion carried. PROPOSED ANNEXATION CASE AN-2-99/VACANT LAND AT NORTHEAST CORNER OF E.BASELINE AND S.TOMAHAWK )Associate Planner Paul Michaud briefed the council on the item.This is for about 95 acres and this is a public hearing only tonight on this item.There is 40 acres at the northeast corner of Baseline and Tomahawk,plus a strip of state land of about 55 acres that is south of Baseline.The 40 acres is currently designated for an RV park by the county and the city's general plan designates it as commercial. There had been a request submitted for a 187 lot straight zoned single family subdivision to CR-3 which would have minimum lots of 7,000 sq.ft.It will require a general plan amendment or rezoning and a preliminary plat.The state land is currently zoned general rural by the county and it has a mix of general plan designations by the city.The tentative date for adoption of this annexation is November 2. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and moved on to the next item. PROPOSED RESOLUTION NO.99-48,DECLARING 1999 APACHE JUNCTION GENERAL PLAN A PUBLIC RECORD/PROPOSED RESOLUTION NO.99-49/ APACHE JUNCTION GENERAL PLAN )Development Services Director Glen Van Nimwegen briefed the council on these items.He commented he had already given a timetable during the city manager's report;they now need to take any public comment during this hearing.Staff recommends these items be continued to November 2. Mayor Coleman opened the public hearing on both items.There being no one wishing to speak,he closed the public hearing and opened the items to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED TO CONTINUE THIS ITEM UNTIL THE SECOND MEETING IN NOVEMBER,NOVEMBER 2,1999. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 14 OF 28 MOTION. if this was on both items. Councilmember Durbala SECONDED THE City Clerk Kathleen Connelly asked Councilmember Dietz stated it was. Vice Mayor Surra asked if the continuance on both of them could be done with one motion. City Attorney Joel Stern stated it could. VOTE:Unanimous. The motion carried. OLD BUSINESS. RECONSIDERATION OF COUNCIL ACTIONS ON IMPLEMENTATION AND POLICY FOR BUDGET- APPROVED INCENTIVE PROGRAM FOR EMPLOYEES WHO ARE AT THE TOP OF RANGE/CONSIDERATION AND ACTION ON PROPOSED POLICY REGARDING AN INCENTIVE PROGRAM FOR EMPLOYEES WHO HAVE REACHED TOP OF RANGE )Mayor Coleman withdrew his motion that he made at the last council meeting. There was general discussion as to whether this action needed a second.Per the city attorney,i t is not a motion so it does not need a second.It is only a request to withdraw. Councilmember Urich withdrew her second of his original motion to make sure the record would be clear. City Attorney Joel Stern stated with that withdrawal the rules would now state that the mayor's motion was no REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 15 OF 28 longer a valid motion.Councilmember Insalaco's motion is now the only motion remaining.He added they can now discuss that motion. Councilmember Eck commented it had already been voted on. City Attorney Joel Stern stated they are now reconsidering both motions.As the one motion has been withdrawn, they are now reconsidering only the one motion.There should be anew motion after this discussion,to either reissue that motion or have an entirely new motion. Councilmember Durbala asked why they would have to do that if the original motion had already been approved. City Attorney Joel Stern stated the motion for reconsideration was seconded.Therefore,the motions have to be discussed for reconsideration.The original motion is not active due to the reconsideration;it would have to be moved again to be active. Councilmember Insalaco MOVED THAT EMPLOYEES THAT ARE AT THE TOP OF THEIR SALARY SCHEDULE RECEIVE THAT $1,000 BONUS TAX-FREE. City Attorney Joel Stern asked him to clarify what he meant by tax-free. Councilmember Insalaco continued his motion with THAT THEY RECEIVE A FULL $1,000 BONUS AND NOT HAVE ANYTHING TAKEN OUT OF THAT $1,000. meant the employee would receive $1,000 was correct,and THAT IT BE ON THE 3,4 that meant a performance rating of more rating of 3,4 or 5. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 16 OF 28 City Attorney Joel Stern stated he after taxes were taken out. Councilmember Insalaco stated that AND 5 RATING. City Attorney Joel Stern asked if than 3,4 or 5,or a performance meant a performance rating of 3,4 or 5. MOTION. discussion about the motion. Councilmember Insalaco stated he Councilmember Durbala SECONDED THE Mayor Coleman asked if there was any Vice Mayor Surra stated she believes that a merit for people who are at the top of their range should be awarded because they have gone beyond the standard,which means they have met the criteria for a level 4 or 5 in their performance rather than a 3 which states meeting standards.They are already being paid their top of the range pay for meeting standards and occasionally going beyond their regular job.They should still be striving to go above and beyond. Mayor Coleman asked why he went with the option he took instead of the policy entitled "Special Merit Pay During Fiscal Year 1999-2000"which is basically the same thing,only more defined. Councilmember Insalaco stated this is the first year it has been done,it was originally done in a hurry,and this is just the way he feels about it.If they have been with the city that long,and they are a good employee for this year,that is what he would like to see. Vice Mayor Surra asked if he was basing it on the performance level that they attained during their last performance rating,or the one's that they will get beginning July 1,1999. Councilmember Insalaco stated the one's they are getting after July 1,1999. Mayor Coleman read the draft policy on the special merit.He asked why the motion was left more vague than what is spelled out in that policy. Councilmember Eck commented he is talking about the motion itself and not the thought behind it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 17 OF 28 Mayor Coleman commented he did not understand. Councilmember Insalaco started to comment about his thought behind it. Councilmember Eck stated he is not asking about the thought behind it,but about the motion.It is not about feelings. Councilmember Insalaco stated it is the same thing. Councilmember Dietz agreed. Mayor Coleman stated the policy is spelled out and a little more defined. Councilmember Insalaco stated the last time it was on there,the merit rate of 3 was questioned.He just wants to make sure that they get the merit for a rating of 3,4 and 5. Vice Mayor Surra stated she could not support the 3 level.She does not believe anyone who is already maxed in pay should receive $1,000 if they receive only a 3 rating. Mayor Coleman stated both points are well taken. Councilmember Urich stated she agreed with the vice mayor because a 4 is expected to exceed standards consistently while the 3 only meets and occasionally exceeds standards.She would not have any problem with a 4 or 5 rating,but she would if they were just meeting standards. Councilmember Eck stated he supported Councilmember Insalaco's suggestion due to the past performance of merit reviews. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 18 OF 28 Vice Mayor Surra commented they hope to be correcting that this year in further personnel issues. City Attorney Joel Stern asked for the motion to be repeated. City Clerk Kathleen Connelly stated it is to implement the bonus incentive program for people who have reached the top of their range,$1,000 clear of taxes and deductions for this fiscal year. Vice Mayor Surra stated that is not what he said. City Attorney Joel Stern asked if he had clarified that it be for those who received a rating of 3,4 or 5. Councilmember Insalaco stated that is correct. Vice Mayor Surra stated the draft policy is far more defined and still covers all of that.It would make for a much easier implementation if it should be approved. City Attorney Joel Stern commented he only asked what the main motion was. City Clerk Kathleen Connelly stated the main motion is what was offered at the last meeting. Councilmember Dietz asked if they could do another motion on the policy draft if the main motion fails. Vice Mayor Surra stated he could offer another motion if this motion fails. City Clerk Kathleen Connelly stated they are back to square one.The main motion from the last meeting is being considered.They could offer an amendment to the main motion at this time. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 19 OF 28 Mayor Coleman asked if he could offer an amendment to adopt the draft policy along with the main motion. would be a substitute motion. definition of the main motion. it would then be an amendment. MOTION TO USE THE DRAFT City Attorney Joel Stern stated that Vice Mayor Surra commented it is a City Attorney Joel Stern commented Councilmember Insalaco AMENDED HIS MOTION THAT WAS BROUGHT TO COUNCIL TONIGHT. City Clerk Kathleen Connelly asked if he was changing his original motion. Councilmember Insalaco stated he was CHANGING HIS ORIGINAL MOTION TO ADOPT THIS. City Attorney Joel Stern stated that is the policy draft of October 1,1999. Mayor Coleman stated that was all he was trying to do at the last meeting. City Attorney Joel Stern commented he wanted it identified for the record as being the policy draft dated October 1,1999 entitled "Special Merit Pay During Fiscal Year 1999-2000 for Employees at the Maximum for Their Range". Councilmember Insalaco agreed. Councilmember Durbala SECONDED THE AMENDMENT. VOTE:5-2 (Councilmember Urich and Vice Mayor Surra voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 20 OF 28 NEW BUSINESS. APPOINTMENTS/REAPPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS AND THE MUNICIPAL PROPERTY CORPORATION )City Clerk Kathleen Connelly briefed the council on the item.Council has interviewed applicants over the last two work sessions for the openings.Council has the opportunity to appoint any individuals to these positions at this time. Mayor Coleman suggested taking them one at a time. Councilmember Urich MOVED THAT ANDREA HINKEL BE APPOINTED TO THE BOARD OF ADJUSTMENT WITH TERM TO EXPIRE JUNE 30,2002. Councilmember Eck SECONDED THE MOTION. There was general discussion by the council as to what boards this applicant was interested in serving on.It was determined she preferred the Library Board and Parks & Recreation. second. motion. the openings first and fill in the names. Councilmember Eck withdrew his Councilmember Urich withdrew her Mayor Coleman suggested they discuss There was general discussion on the boards and commissions the current applicants were interested in. Vice Mayor Surra MOVED THAT SHERRI MCGAHAN,TRACIE THIELE AND SANDRA SPELMAN BE OFFERED AS APPLICANTS FOR THE BOARD OF ADJUSTMENT. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 21 OF 28 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented they needed a professional architect or engineer for the Construction Code Board of Appeals. There was general discussion on whether there were any applicants that could qualify.There were none. Councilmember Urich MOVED THAT MIKE MCDONALD BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY WITH TERM TO EXPIRE JUNE 30,2002. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT JIM WOOLSEY BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY WITH TERM TO EXPIRE JUNE 30,2000. Councilmember Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly advised the council they had not interviewed this applicant. Councilmember Urich withdrew her motion and Councilmember Dietz withdrew his second. Vice Mayor Surra suggested leaving this position open for awhile. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 22 OF 28 Councilmember Dietz MOVED THAT STANLEY KATZ BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY WITH A TERM TO EXPIRE MARCH 1,2001. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman stated there are three more openings on the Industrial Development Authority.Council decided not to fill the remaining openings at this time. Councilmember Durbala MOVED THAT ANDREA HINKEL BE APPOINTED TO THE LIBRARY BOARD WITH TERM TO EXPIRE JUNE 30, 2002. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT SCOTT GARDINER BE APPOINTED TO THE LIBRARY BOARD WITH TERM TO EXPIRE JUNE 30, 2001. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT TOM JAMES BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD AS CITIZEN MEMBER WITH TERM TO EXPIRE AUGUST 6,2002. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 23 OF 28 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT ANDREA HINKEL BE APPOINTED TO THE PARKS AND RECREATION COMMISSION WITH A TERM TO EXPIRE JUNE 30,2000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT SHERRI MCGAHAN BE PUT FORWARD FOR THE REMAINING PARKS AND RECREATION OPENING TO EXPIRE JUNE 30,2002. Councilmember Dietz SECONDED THE MOTION. Councilmember Durbala stated the previous city attorney would not allow a member of the Board of Adjustment to be on any other board that had anything to do with planning or anything like that where there could possibly be a conflict of interest if it came to the Board of Adjustment. City Attorney Joel Stern stated he does not believe the issue is conflict of interest:it would be if a member can easily decide an issue on a different board where that person is not sitting in a quasi-judicial capacity.There could be an issue regarding that: he would have to research it further.At this time he would recommend not putting any Board of Adjustment members on any other board as it may put them in a difficult position. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 24 OF 28 Vice Mayor Surra withdrew her motion and requested the position remain vacant for the time being. Councilmember Dietz MOVED THAT ANDREA HINKEL BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD AS A CITIZEN MEMBER WITH A TERM TO EXPIRE AUGUST 6,2001. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman suggested they leave the remaining positions for a later time and closed the item. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 18,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 19,1999, IN THE CITY CONFERENCE CENTER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 25 OF 28 Councilmember Insalaco commented Vice Mayor Surra,Councilmember Urich and himself attended the Pinal County Alliance meeting last Wednesday and he believes the vice mayor has some additional information on that. Vice Mayor Surra commented they had recently attended meetings for the Pinal County Alliance of Governments and for the Central Arizona Association of Governments.Both meetings were summary meetings with new directors taking over.She believes the city needs to play an integral part in both organizations because they provide the city with a lot more "clout" when they join together in using grant monies and in getting the city and town positions across to the state legislature.She stated the Town of Queen Creek has now been accepted into both organizations as they are in the zone of influence. Mayor Coleman asked if they are voting members. Vice Mayor Surra stated they are like us in Pinal County,but in CMG they are like our city in MAG. Councilmember Insalaco stated the Indians want to purchase part of Pinal County that borders on the reservation and take it out of the taxes that we need in Pinal County.They want to make it commercial,and it is about 900 acres. Vice Mayor Surra added it is land near city limits. Councilmember Insalaco commented it would all be taken out of the tax base. It scares him because if one tribe does it,the others could do it across the state. ADJOURNMENT meeting at 8:45 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. )Mayor Coleman adjourned the 2.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are Anthony Fitzwater,Mikki Frazier, Dave Gillette,Laura Kraemer,Kate Morris and Patti Sikorski. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 26 OF 28 3.Approval of Resolution No.99-55,Authorizing execution of an intergovernmental agreement with the State of Arizona Department of Transportation for landscape improvements at SR 88 and Idaho Road. 4.Approval for state and local government lease with Lucent Technologies for telephone systems expansion,replacement and upgrade of existing Definity G3S1 system and Intuity audix system:authorization for City Manager to sign necessary documents subject to approval by City Attorney. 5.Consideration and action on employment agreements for City Manager and City Attorney. ACCEPTED THIS 2ND DAY OF NOVEMBER ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 27 OF 28 NOVEMBER DOUGLAS COLEMAN Mayor ,1999. 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 5th day of October,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of October,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,1999 PAGE 28 OF 28