Loading...
HomeMy WebLinkAbout1998-07-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 7,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 7,1998,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 Reverend Ray Dugan gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Urich Councilmember Durbala Councilmember Eck Councilmember Insalaco Staff Present: (One vacancy exists on the council.) City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Gordon Haws Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Community Outreach Coordinator Patrick Brenner Economic Development Specialist Ken Simpkins Others Present:Assistant Planner Paul Michaud 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:PERMIT ASSISTANT MIKKIE FRAZIER;PERMIT ASSISTANT SANDY DONATO;DEVELOPMENT SERVICES REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 1 OF 38 RECEPTIONIST SHARON BURGE;PERSONNEL ANALYST JACKIE TREVINO;THE PARKS & RECREATION DEPARTMENT;RECREATION SUPERINTENDENT BETH COWLES;PARKS & RECREATION DIRECTOR JEFF BELL;LIEUTENANT STEVE FRANCIS;PATROL OFFICER HOWARD WILLIAMS;FACILITIES MAINTENANCE WORKER DAVE HARWELL;AND THAT THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FY 1997-98 BE ACCEPTED;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF APACHE JUNCTION MUTUAL AID IN THE LAW ENFORCEMENT STATE WIDE GANG TASK FORCE BE APPROVED AND THE MAYOR AUTHORIZED TO SIGN THE AGREEMENT;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF APACHE JUNCTION FOR THE STREET CRIMES INTERDICTION GRANT IN THE AMOUNT OF $13,340 BE APPROVED AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman presented an appreciation plaque to former city engineer Gordon Grandy recognizing his years of service to the city. CALL TO THE PUBLIC Amber,a youthful member of Pool Partners,addressed the council in appreciation of the opportunities given to them for fundraising at the Fourth of July Celebration.They thanked the council for approving the purchase of a water slide for the pool and providing them with the best parks and swimming facilities allowable under budget constraints.She then presented a check to the city for $1,037 to assist in the construction of a second city pool. Mrs.Pat Richmond,3080 W.16th Avenue,Apache Junction,addressed the council representing Pool Partners.She commented the youth worked at a spaghetti dinner,the Fourth of July Celebration,and the Main Street Program at Greyhound Park to raise this money.They intend to continue with the program and are getting containers out to various local businesses.She urged the citizens to donate whatever change they had.They are also collecting aluminum cans. Mr.Thomas Damiano,822 E.Kachina Avenue,Apache Junction,addressed the council regarding the extension of the deadline for council vacancy applications.He disagreed with the idea of postponing the selection until September.He believed seven applicants had turned in their applications on time and additional time should not be given to anyone who was on vacation. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 2 OF 38 None. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR APACHE GREYHOUND PARK )City Clerk Kathleen Connelly briefed the council on the item.She commented this is a routine request for a corporate change.All inspections were done with no objections.The applicant was notified to be present. Mr.Dan Luciano,the president of American Greyhound Racing,the operator of Apache Greyhound Park,addressed the council.The sports unit in the corporation has now taken over the food and beverage part from another unit in the company.I t is a transfer only. Councilmember Urich asked if he had attended a department approved liquor training class within the last five years. Mr.Dan Luciano stated he had and everyone involved with food and beverage completed that class last week. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE SUBMITTED BY DANIEL LUCIANO FOR APACHE GREYHOUND PARK BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR LUCKY LIQUOR AND CONVENIENCE STORE )City Clerk Kathleen Connelly briefed the council on this item.She commented this is for an individual transfer of a liquor license.The inspections have been made with no objections.The applicant was notified of the public hearing. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 3 OF 38 The applicant declined to address the council at this time. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion. Councilmember Durbala commented his packet was missing the recommendation from the police department.He asked to see one from one of the other councilmembers.Upon review,he had no further questions. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Urich MOVED THAT THE APPLICATION FOR A PERSON TRANFER,INDIVIDUAL,SERIES 9 LIQUOR LICENSE SUBMITTED BY TOM YORK FOR LUCKY LIQUOR AND CONVENIENCE STORE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1039/REZONING REQUEST BY PHILLIP CAVE )Assistant Planner Paul Michaud briefed the council on the item.This is to rezone a 2.5 acre property from general rural to R1-8/MH zone.The owner would like to create an 8 lot manufactured home subdivision.The preliminary plat will follow at a later date and that would have the preliminary drainage report.It is located at the northeast corner of Vista Road and the 22nd Avenue alignment.The current zoning allows 1 and 1/4 acre lots zoned single family residential.The requested rezoning allows medium density residential with a manufactured home overlay allowing for lots of 1/4 acre or 8,000 sq.ft.minimum lots.He briefed the council on the zoning and uses of the surrounding properties and described the two site plans produced by the owner.The commission recommended denial 3-2 for this rezoning,with Commissioners Reinagel and Gardner dissenting.They were concerned with the potential impact on the adjacent properties,the localized wash on the site,the site being in Flood Zone X (lowest flood zone potential over 500 years),the additional traffic in the area,and that the road appears to act as a natural divider between the larger and smaller lots.Staff recommends approval based on following the adopted land use plan.The ordinance calls for 33'of federally patented easements on the southwest and east along with the corners on the southwest and southeast to be dedicated to the city. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 4 OF 38 Councilmember Durbala asked why the plat plan and the drainage had not been received by council.The whole controversy is whether this land will be flooded or not. Assistant Planner Paul Michaud stated regulations do not stipulate that a preliminary plat and a rezoning request have to be brought in together,though it has been typical in the past. Councilmember Durbala asked if that could have been requested. Mayor Coleman commented it would be expensive for them to go through with the preliminary plat if they could not be certain that the concept would be approved. Councilmember Durbala stated he wanted to know about the flooding problem.He will not approve that without knowing about whether there is a problem or not. City Attorney Joel Stern stated the rezoning and preliminary plat are two separate issues.The rezoning has be be approved first. Councilmember Durbala stated they have had access to this with many other developments -they have been looked at at the same time.He wanted to see it with this one,also. Vice Mayor Surra commented the acceptance of a plat has nothing to do with the acceptance or denying of a rezoning. Councilmember Eck asked if they had a protest percentage. Assistant Planner Paul Michaud commented they received no formal protests.They did receive comments. Councilmember Urich commented she believed there were some people here to speak tonight. Councilmember Eck stated i t looked like 3/4's of the properties surrounding it have acre and a quarter lots. Assistant Planner Paul Michaud stated that was correct,concerning the properties north,east and south. Mayor Coleman asked the applicant to address the council. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 5 OF 38 Mr.Sean Lake,10 W.Main Street, Mesa,addressed the council on behalf of Phillip Cave.He commented this is an infill piece of property and the owner had to determine what he could economically do with it.The owner decided the large lot subdivision would be more beneficial to the city.He would have to add off site improvements,and he felt this would be the best plan.Staff stated they would not support the concept plan that abandoned 22nd Avenue.He urged council to keep in mind that staff recommended approval of this project and that i t is consistent with the general plan.The drainage information will be provided with the preliminary plan.He commented the city engineer will stop the project if it is not handled properly.He urged council to support the project as it is compatible with the area. Phillip Cave lived in the area. east valley. lived in Apache Junction. know. Councilmember Insalaco asked if Mr.Sean Lake stated he lives in the Councilmember Insalaco asked if he Mr.Sean Lake stated he did not Councilmember Insalaco commented it appears they are supposed to be worried about his 2.5 acres of infill property but they are not supposed to be taking into consideration all the larger lots the neighbors own and who want to keep it general rural.He suggested Mr. Cave should split his property to match the other properties adjacent to his. He does not want to take any more of the general rural area and change it. Vice Mayor Surra asked what natural attributes environmentally are there on the property that will change because of the rezoning and possible 8 lots. Mr.Sean Lake asked if she meant the natural vegetation. Vice Mayor Surra stated it could also mean the wash or other natural structures. Mr.Sean Lake stated he is not sure there is a major wash here as they are outside of the 500 year flood zone.He commented they will be required to handle all of the water.He committed to preserving the washes and natural attributes as much as they possibly can when they did the site plan review and overlay. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 6 OF 38 Councilmember Eck asked if the property owner inquired about a different type of zoning. Mr.Sean Lake stated he looked at that,but since this is bounded by three streets no other zoning was economically viable. Councilmember Eck stated he did not realize they would have to do a rezoning to get 20,000 sq.ft.lots. Mr.Sean Lake stated they would have to go through a rezoning to get a 20,000 sq.ft.lot subdivision and the city would require them to do off site improvements. Councilmember Eck stated he could have split i t in two,leaving one an acre and a quarter and splitting the other part into three lots. Mr.Sean Lake stated you would typically split i t in two,sell if off and have no off site improvements. Vice Mayor Surra advised Mr.Sean Lake that his client lives in Mesa. hearing on the item. Mayor Coleman opened the public Ms.Margaret Lawson,1835 E.20th Avenue,Apache Junction,addressed the council.She lives just north of this property on one and a quarter acres.She stated there is a gas line that runs on the that site from Vista across the entire property.She commented she does not want to see 4 homes on that property,let alone 8.All the other properties are one and a quarter acre properties and she feels they are crowded enough.She is also concerned about the additional traffic causing a safety problem for the children in the area that are used to riding their bikes and walking along the street. Ms.Lois Potts,481 S.Olmo Circle, Apache Junction,addressed the council.She does not live in the area but is there on behalf of a friend who lives there,plus for a secondary reason.She is a real estate agent in the area.She stated the logical division is to divide this in two,or else higher density would be created which would negatively impact the surrounding properties.She then commented that she lives in a small tract house,but she hears people complaining about these large lots being carved up when they moved out here to a lower density area to have more quiet.She added if they keep cutting these large lots up,she will begin to think she is back in Los Angeles again. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 7 OF 38 Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He stated the council needs to consider that the city has schools to support and services that residents would like to see in the future.The city has to pay for all this.The properties are not going down in value,they are only going up.He urged the council to find creative ways for revenue sources rather than 55+ developments that do not want to support schools and the younger generation.He commented on the trailer housing just up the road where people were living right on top of each other,and questioned what these people were protesting.He commented the property rights of the people have to be considered. Mr.John Snyder,who lives on Vista Road across from this property,addressed the council.He commented they have seen water going by there real strong.He added a lot of the owners are gone for the summer but none of them want this subdivision.The residents there want it to stay the way it is now.He suggested larger homes that would fit in with the contour of the land.He complained about having numerous children move into the neighborhood. Ms.Sherry Chandler,2245 S.Vista Road,Apache Junction,addressed the council.She lives south of the property.She commented her driveway is washed out because of the rain today -the little bit of water that runs across there that nobody notices.She admitted there are small lots across from them,but they are not walled in or 55+.She added they have Raindance Park south of them and they are a walled in community.She questioned what would be offered to these people if this subdivision was put it the middle of these larger lots.The children will need space to be kids and not be in the streets where they can get run over. Mayor Coleman closed the public hearing and opened the item to council discussion. Councilmember Urich stated she is concerned about the wash and she cannot envision 8 homes on this site. Councilmember Eck commented it is obvious that the neighborhood does not want this property to increase its density.He would have supported a different rezoning on this property to no lower than 20,000 sq.ft.lots. Mayor Coleman commented there have been times when the council approved smaller lots,but most of the time there has been a trade off between having 450 homes or 900 RV units which the property was zoned for previously.In every case,this council has opted for the lowest density possible.People do not realize that when they see the smaller lot homes.The council is not in the business of carving up and making small lots. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 8 OF 38 Councilmember Durbala requested to make a motion.He MOVED THAT ORDINANCE NO.1039 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1039,AS READ BY THE CITY CLERK,BE DENIED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1044/PZ-98-09/ REZONING BY PERRY INVESTMENTS )Assistant Planner Paul Michaud briefed the council on this item.It is a rezoning request from CB -2 to C- 3/PD on Superstition Plaza II,excluding the Norwest Bank and the grocery store plus outlets pad.This is for reduced setbacks for the chamber visitor center pad and to facilitate future pad development.The chamber building is approximately 60'by 120'with 10'setbacks on the north side,20'on the west and 0'on the south and east.The current zoning requires 15'front and 10' rear and side setbacks.The proposed rezoning requires 10'on the north side and 25'on the other sides.The rezoning meets general plan objectives by possibly aiding in developing land already served by utilities,encouraging the development of nodal commercial centers,encouraging a unified central business district,and redeveloping the existing commercial center to better serve existing and new residential growth in the area.The commission recommended approval by unanimous vote on this rezoning.On the parking issue,76 are required by ordinance and this plan has 93.Staff recommends designating one of the five east of the center as an accessible parking space. Wide vehicle parking is not required by parking regulations.He commented on the ordinance and its eight stipulations.The applicant requested changing the stipulation on dedicating the right of way to "may"instead of "must",but prior and current city engineers both recommend it to stay at "must"as the right of way may not be easily obtained later. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 9 OF 38 address the council. Mayor Coleman asked the applicant to Mr.Dan Donahoe,2211 E.Highland, Phoenix,addressed the council.He complimented staff for their work on this property.He believes this will improve the area. Councilmember Urich asked if there will be pull through sites for motor homes. Mr.Dan Donahoe stated there would be pull through sites.They accommodate the people who will be pulling trailers.He is not sure as to where they will be but that is a function of the chamber building. Councilmember Urich stated she is concerned because a lot of the visitors to the center have a motor home with a vehicle attached.I t is difficult to find parking.She highly recommended many of these. Mr.Dan Donahoe commented he did not know how many of them there would be,but it would be a user friendly site. It will be worked out with the chamber,the people themselves who give them the background and information,and what is required by law. chamber had discussed this area with him. Councilmember Urich asked if the Mr.Dan Donahoe stated they had not. Councilmember Urich stated she is also concerned about the RV storage on the property and when that would be cleared out. Mr.Dan Donahoe stated there is a stipulation as to when that must be done. Councilmember Urich stated she would like to see that stipulation changed. Mr.Dan Donahoe stated he does not like the storage there either,but at the time there needed to be some income off the property.He added this plan will make it a very attractive place. hearing on the item. Mayor Coleman opened the public Mr.Rene Lesieutre,3400 S. Ironwood,Apache Junction,addressed the council.He was there to represent REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 10 OF 38 the Chamber of Commerce Building Committee.He thanked the city manager and council in assisting them to buy the building,and for allowing them to lease the old Parks & Recreation building at a reasonable fee.He commented the RV center is set to be removed 30 days prior to the completion of the building. He urged council to approve this rezoning. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented it should be rezoned. He took exception to the name of "Visitor Center"as there are a lot of people moving into the community that do not see the city as a visitor town.They are here year round and would like to see more services geared toward that idea. Councilmember Durbala asked him if he was familiar with what the chamber does. Mr.Elliott Fisher stated he was. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the council discussion on the item. Vice Mayor Surra stated she had concerns about the larger vehicles that take advantage of visitor centers. However,she sees a larger capacity and options for parking at this site.She asked Carolyn Doty how many pull through sites they have at their current location. Commerce stated they currently have none. had at their prior location. also none. Ms.Carolyn Doty of the Chamber of Vice Mayor Surra asked how many they Ms.Carolyn Doty stated there were Vice Mayor Surra commented that this will be an improvement even if they only have one.She added she liked this plan and liked seeing the chamber located more visibly in the community and at the center of things. City Attorney Joel Stern recommended reopening the public hearing since there had been some interaction with the audience. Mayor Coleman reopened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 11 OF 38 Mr.Elliott Fisher stated he wanted to answer Councilmember Durbala's question.He stated the council promotes businesses and business activity in the city,but they also have to be concerned about the people who live in the city that will support these types of projects.Everyone has to be considered,not just the people it is geared towards. Mayor Coleman hearing on the item.He reopened the item to council di Councilmember else on the council would support the removal of the RV construction of the first building. Councilmember believed they had already worked out a mutual agreement under stipulation eight.He read the stipulation aloud. he thinks it will be removed before it is required to be Mayor Coleman be rental fees that have been paid and people will need RV's. closed the public scussion. Urich asked if anyone storage area upon Durbala commented he and that i t is already From the comments, commented there could time to relocate their Councilmember Durbala commented it is a lovely building,it should be an asset to the community and the chamber, and it is in the perfect location. Councilmember Insalaco MOVED THAT ORDINANCE NO.1044 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO.1044,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 12 OF 38 The motion carried. PROPOSED ORDINANCE NO.1045/PZ-98-10/ REZONING REQUEST BY ROBERT & NAOMI STEWART & DUSTY & LAURIE UMPHREY )Assistant Planner Paul Michaud briefed the council on this item.The property is located at the southeast corner of Meridian and Broadway.The owners are requesting to rezone from TH Homesite to C-4 for a manufactured home sales lot.The majority of the surrounding properties are residential,with some commercial properties in the area.The nearest are the less intensive zones to provide retail for the immediate neighborhood.He detailed the commercial sites in the vicinity. The manufactured homes for sale will be a mixture of new,used and repossessed units.At the start of the business there will only be new homes,and council may want to clarify the time frame included in the start of the business.All the comments are attached and discussed in the staff report.He commented Mr. Robert W.Jones III,who has property within 300'of the site,wrote in opposition of the sales lot,desiring something more upscale.Major concerns mentioned by the public were the traffic congestion,the noise when moving the homes and the nature of that type of use at an entryway into the city.The commission voted 4 for denial and 3 for approval of the planned development. They were concerned with the traffic and aesthetic concerns in that location. The applicant stated the homes would only be moved between sunrise and sunset and there would be no Saturday moves.The movement of homes does not take any more time than a car pulling out onto the street once they are hitched.The majority of repossessed homes should be 1996 and 1997 models and they predict 50 to 70% of the homes would be new models.All sales contracts would be signed on the site and they have no other sales lot.They would be able to show older units to customers at Superstition Storage outside the city limits. They expect to use this lot for sales for two to four years,followed by either site expansion or a gas station with a convenience market.Staff has no recommendation on this development.The planned development designation would give the city more control over more obnoxious future uses that the C-4 designation would allow.He mentioned the stipulations included in the ordinance. anything on this property currently. stated i t is vacant at this time. address the council. Vice Mayor Surra asked if there was Assistant Planner Paul Michaud Mayor Coleman asked the applicant to Mr.Bob Stewart declined to speak, adding he was there to answer any questions the council might have.There were no questions from the council at this time. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 13 OF 38 hearing on the item. Mayor Coleman opened the public Mr.Elliot Fisher,547 E.Quail, Apache Junction,addressed the council.He thinks this is a better alternative then a Diamond Shamrock or a Circle K,but he does not think this will send a good message to people entering Apache Junction.The city has been trying to balance the idea of manufactured housing,and this would be at the gateway to the city,plus having a number of other sales lots on Main Street.It seems like overkill to him. Mr.Keith Stachar,1153 N.Holmes, Mesa,addressed the council.He has an interest on a property at the northwest corner of this intersection.He believes the landscaping and site plan of this property will be a good start to creating a commercial corner that will lead to finer things.It will also bring more sales tax into the community.We need more commercial in town to balance out the vast growth in residential properties. Mrs.Midge Conway,902 S.Ocotillo, Apache Junction,addressed the council.She heard two things she did not like.She agreed that the corner would not be a good gateway for Apache Junction for mobile home sales.She also does not like the idea of a fence around the property,and would prefer it to be landscaped.She thinks there should be a more desirable commercial project that should go there. Mayor Coleman closed the public hearing with no one else wishing to speak and opened the council discussion on the item. cannot envision this at that intersection. question for the owner. Mesa,addressed the council. satellite to other businesses. Councilmember Urich stated she Councilmember Eck stated he had a Mr.Bob Stewart,3530 E.Pueblo, Councilmember Eck asked if this is a Mr.Bob Stewart stated it is not,it is a family -owned business.Most of their lifesavings are in this venture. They looked at other manufactured home sales lots in Apache Junction and they do not want to conduct business like those already present.He stated over 19% of all new home applications were for manufactured homes.By the year 2000 they estimate 50% will be manufactured homes.They would like to give people to opportunity to upgrade their homes.They would like this to be REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 14 OF 38 beautiful,and he pledged to the council that it would be the best looking lot that they could imagine. City Attorney Joel Stern recommended they reopen the public hearing. Councilmember Durbala asked what kind of time frame he would be looking at before he would have other than new homes on the sales lot. Mr.Bob Stewart stated they would be show model homes.It will be dedicated to all new homes to start with but he could not give an answer as to when they would have used homes. Councilmember Durbala asked him if they would agree to putting in the ordinance that they would put nothing but new homes on that property for the first 5 years. Mr.Bob Stewart stated he would not as they plan to put some used ones on there.However,they will look new. Councilmember Durbala stated that is not what he heard from staff. Mr.Bob Stewart stated they have an agreement that there will be some used units on this lot but they will not be trashy looking units.This allows an unfortunate family to get into a house at a reduced price.Their business is to put these people into homes. Everything will look new,and they will primarily be starting with all new units. Councilmember Durbala asked if he would go with a percentage of there being no more than so many used units. Mr.Bob Stewart stated they have another lot that is used for the trade-ins and older units.He does not see where the councilmember is coming from with a time limit on this.He asked what he was supposed to do with a two year old home that looks gorgeous. Councilmember Durbala asked if he would compromise and say that 80% of the lot would be new and 20% old. Mr.Bob Stewart stated he could do that,that he was willing to work with the council. Councilmember Durbala asked what would be acceptable to him as a business owner. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 15 OF 38 Mr.Bob Stewart stated he would work with the council,even if it was 90% new and 10% old,whatever council wished to do. Councilmember Durbala stated he wanted to add it to the stipulations. Mr.Bob Stewart stated he did not understand what the councilmember meant.He asked what difference it would make. Councilmember Durbala stated this is a gateway to the community,and once Broadway if four-laned all the way through,it will become a major thoroughfare. Mr.Bob Stewart stated he knows that and they are going to make this into a beautiful corner. Councilmember Durbala stated he realized that but they have been told that in the past and it has not worked out that way. Mr.Bob Stewart asked him to give them a chance. Councilmember Durbala asked if they would be willing to put that in the stipulations. Mr.Bob Stewart stated he may do so and they will sign it. Councilmember Durbala asked what would be a fair percentage. Mr.Bob Stewart stated 90% new and 10% old would be fair.He asked if the councilmember was happy with that percentage. Councilmember Durbala commented he would be happy with that,but he did not know if the rest of the council was even interested in a figure. Councilmember Eck commented he was happy with that. Mayor Coleman commented he was interested in how he was going to enforce that. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 16 OF 38 Councilmember Durbala stated i t would be put into the ordinance. City Attorney Joel Stern stated it is one thing to put i t in as a stipulation but enforcement is another issue. It could be enforced through inspections but that would mean more personnel to do those types of inspections.It might also show up in the sales tax figures for the types of models that were sold,which would mean more screening of what is going through the sales tax figures. Councilmember Eck asked if it would be paved in between the homes. Mr.Bob Stewart stated it would not be paved in between the homes. Councilmember Eck asked if it would remain dirt. Mr.Bob Stewart answered it would be gravel.There will be paving for the parking lot and the traffic areas. be paved in between the homes. be paved in between the homes. remain dirt. Councilmember Eck asked if these models would be set up with skirting. Mr.Bob Stewart stated the outer models would be set up with skirting and some of the inside models would be. The ones with the most exposure would have skirting. Councilmember Eck stated he was trying to imagine what it would look like. Mr.Bob Stewart commented it would not look like the drawing.They will have setbacks and about half of the units on there will be coming off the lot.They do not have room to put "junky"looking units. Councilmember Insalaco commented that if Mr.Stewart would be going through all this,and the new model homes bring in a lot of money,he is sure he would not want to have "junky"homes next to the new ones.He believes you must have some faith in him,especially if he agrees to the 90/10 ratio.He would be happy with that. give them a monthly report. might not be a bad idea. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 17 OF 38 Mr.Bob Stewart stated they could Councilmember Insalaco stated that Mayor Coleman reopened the public hearing on the item. Mr.Elliott Fisher stated he would rather see a building and a sales office with pictures inside.It could be a multi -use building.The manufactured housing industry serves a purpose in the community and we need it,but it seems like overkill for Apache Junction. Mr.Keith Stachar added he is looking forward to seeing this business in this community. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the council discussion. Councilmember Eck and Assistant Planner Paul Michaud discussed what could go on the lot if the rezoning was not successful.It was determined manufactured homes with 20,000 sq.ft.lots, unsubdivided,could go on the property. Mayor Coleman commented he is concerned because Broadway and Meridian are so busy,possibly too busy to be moving models in and out.He then called for a motion as there were no more comments or questions from the council. Councilmember Durbala MOVED THAT ORDINANCE NO.1045 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1045,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING STIPULATIONS:THE SIX THAT ARE IN THE ORDINANCE AND THE NEW STIPULATION SEVEN TO BE READ "APPLICANT SHALL NOT STORE MODELS THAT ARE MORE THAN 10% OF AVAILABLE STOCK UNITS WHICH HAVE PREVIOUSLY BEEN SOLD OR TRANSFERRED". Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 18 OF 38 VOTE:3-3 (Councilmember Urich,Vice Mayor Surra and Mayor Coleman voted in opposition.) The motion failed. minute break. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the AWARDS,PRESENTATIONS AND COMMUNICATIONS Sergeant Haywood gave a presentation on the law enforcement memorial.He brought in some renditions to display to the council,one showing an up close view and one showing the memorial from a short distance.He clarified that the pillars will not be high so that children can enjoy the site.They will be approximately at waist height.He stated these drawings have been shown to the Duncan family and they have endorsed them.The dedication for the memorial is tentatively set for the last weekend in October.The general specifications have been completed for the molds for the project.He currently has three acrylic lighted block manufacturers looking at the project.The only delay could be the fiber optics.The memorial will be continuously lit during the hours of darkness,the colors will change and i t will go black for 13 seconds to represent the national average of the loss of a law enforcement officer's life every 13 hours.This can be adjusted i f needed.He needs the names of specific people council would like invited to the dedication in order to make the arrangements.He believes they should come in under the $5,000 projected.Councilmember Urich commented that she hoped they may never add another name. OLD BUSINESS. PROPOSED RESOLUTION NO.98-20/ CONSIDERATION OF CROSSROADS REDEVELOPMENT AREA PLAN )Economic Development Specialist Ken Simpkins briefed the council on the item.The boundaries of the plan are generally Broadway Avenue on the south,Superstition Boulevard on the north, Winchester Road to the east and Valley Drive on the west.The plan was circulated among the taxing entities in the redevelopment area and the planning and zoning commission.The commission approved it as conforming with the general plan.This was advertised as a public hearing even though it does not need to be a public hearing,so the opportunity to speak should be given to the public.This document can be changed at any time,and the plan is needed in order to implement some financial mechanisms.It will allow the start of the redevelopment of the core of the city. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 19 OF 38 Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.98-20,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE CROSSROADS REDEVELOPMENT AREA PLAN, BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS. BOARD AND COMMISSION APPOINTMENTS/ REAPPOINTMENTS )Mayor Coleman stated discussions were held at the work session last evening.He asked any further comments. City Clerk Kathleen Connelly corrected the information distributed in the memo.The library appointees are Peter Nolan and Millie Little.Joyce Poteet's term runs for another couple of years. Mayor Coleman asked if there was only one applicant for the Library Board. City Clerk Kathleen Connelly stated Millie Little is interested in being reappointed. Councilmember Durbala stated there had been no one else who had applied for positions on the Board of Adjustment, the Economic Development Commission,the Health & Human Services Commission, the Library Board,the Municipal Property Corporation and the Parks & Recreation Commission.He asked if the council wished to vote in one motion if everyone agreed on them or if they wanted to vote on each one individually. Council in general requested to vote on them individually. Councilmember Durbala MOVED THAT KENT SLOCUM BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2001. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 20 OF 38 Councilmember Eck SECONDED THE MOTION. VOTE:5-1 (Vice Mayor Surra voted in opposition.) The motion carried. Councilmember Durbala MOVED THAT MARI GARDNER BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2001. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT ED BARKER BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON JUNE 30,2001. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT LAURA LYTLE BE REAPPOINTED TO THE ECONOMIC DEVELOPMENT COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT MAURICE METZGER BE REAPPOINTED TO THE ECONOMIC DEVELOPMENT COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 21 OF 38 The motion carried. Vice Mayor Surra stated applicant Brian Milkey has offered to serve in whatever capacity he could.She MOVED THAT BRIAN MILKEY BE APPOINTED FOR THE THIRD VACANCY ON THE ECONOMIC DEVELOPMENT COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Councilmember Durbala SECONDED THE MOTION. VOTE:5-1 (Councilmember Urich voted in opposition.) The motion carried. Councilmember Durbala MOVED THAT PETER NOLAN BE REAPPOINTED TO THE LIBRARY BOARD OF TRUSTEES FOR A TERM TO EXPIRE JUNE 30,2001. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT MILLIE LITTLE BE REAPPOINTED TO THE LIBRARY BOARD OF TRUSTEES FOR A TERM TO EXPIRE JUNE 30,2001. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT RICHARD ANDERSON BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Mayor Coleman SECONDED THE MOTION. VOTE:2-4 (Councilmembers Insalaco,Eck and Durbala and Vice Mayor Surra voted in opposition.) The motion failed. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 22 OF 38 Councilmember Durbala MOVED THAT TOM KELLEY-DEVANEY BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30,2001. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT RICHARD ANDERSON BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30,2001. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT KRISTY MOYLE BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT RICHARD BUSHON BE REAPPOINTED TO THE TRANSPORTATION BOARD WITH A TERM TO EXPIRE ON JUNE 30,2001. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT NICK MCVICKER BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION WITH A TERM TO EXPIRE JUNE 30,2001. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 23 OF 38 Councilmember Eck SECONDED THE MOTION. VOTE:5-1 (Councilmember Durbala voted in opposition.) The motion carried. Councilmember Eck MOVED THAT ROSALIE GIFFORD BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Vice Mayor Surra SECONDED THE MOTION. VOTE:5-1 (Councilmember Urich voted in opposition.) The motion carried. Councilmember Durbala MOVED THAT RICHARD DIETZ BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2001. Vice Mayor Surra SECONDED THE MOTION. VOTE:5-1 (Councilmember Urich voted in opposition.) The motion carried. There was general discussion on the remaining unfilled positions on the boards and commissions. Councilmember Durbala asked how soon these people would be sworn in for their positions. City Clerk Kathleen Connelly stated they will be getting written notification and they have ten days in which to come in and be sworn. Councilmember Durbala asked if the position becomes effective once they are sworn in. City Clerk Kathleen Connelly stated they should not be voting or participating until they take the oath of office. Councilmember Durbala asked if those here could stop in tomorrow. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 24 OF 38 City Clerk Kathleen Connelly stated they should call first to make sure someone is there who can swear them in. Mayor Coleman suggested consolidating the list down to what is still available and ask for applicants for those specific positions. CONSIDERATION OF RECOMMENDATIONS FROM THE HEALTH AND HUMAN SERVICES COMMISSION FOR HUMAN SERVICES FUNDING FOR FY 1998-99 )Mr.Ed Barker,860 S.Saguaro, Chairperson of the Health and Human Services Commission,briefed the council on the item.Seven organizations requesting funding met the criteria of the city ordinance.Their requests totaled $115,000.The commission recommended funding the Apache Junction Reach Out Food Bank for $15,000;the Boys & Girls Club of Apache Junction for $9,000;the Community Action Human Resources Agency for $12,000;the Mesa Senior Services,operating the Apache Junction Senior Center,for $17,000;St.George's Catholic Community for $10,000;and the Superstition Mountain Mental Health Center for $15,000.Their recommendations total $78,000 for Fiscal Year 1998-99.They also included some stipulations for timely reporting and recordkeeping.It appears that the funding is being used only for city residents,as so stipulated by the ordinance.The agencies serve more residents than they are funded for,they just need to keep more accurate recordkeeping. Vice Mayor Surra commended the board for their job and on their always being thorough and with no bias.She thanked the board members publicly for their hard work.She added she liked the direction the board is taking regarding trying to bring in new organizations. Mr.Ed Barker asked the council to think over tying their funding to the total budget.The initial budget ten years ago was $48,000,and it was still at only $64,000 four or five years ago.They are recommending $78,000,but he encouraged council to consider some kind of mechanism that would tie it to a certain percentage of the budget. Vice Mayor Surra stated that is a good thought. City Clerk Kathleen Connelly stated the restricted funds could not be part of that. Vice Mayor Surra commented they would take it under advisement. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 25 OF 38 Councilmember Urich added she was able to increase the funding to $78,000 this year,which is more in line with what she knew the commission was going to be recommending. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Urich MOVED THAT RECOMMENDATIONS FROM THE HEALTH AND HUMAN SERVICES COMMISSION FOR HUMAN SERVICES FUNDING FOR FISCAL YEAR 1998-99 BE ACCEPTED AND THAT SERVICE CONTRACTS REFLECTING THE REQUIREMENTS OF ORDINANCE NO.659,THE RECOMMENDATIONS OF THE COMMISSION AND OTHER APPLICABLE REQUIREMENTS BE RETURNED FOR COUNCIL CONSIDERATION IN CONJUNCTION WITH FINAL BUDGET ADOPTION. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra stated the community should be applauded along with the city departments as this is one of the few municipalities that supports a health and human services department.I t is unusual and it speaks to everyone out there as to where the real heart of the Apache Junction residents is.She thanked all the residents of the city who support this funding. Councilmember Urich stated she believed Apache Junction is the only city that has a health and human services commission.Coolidge is in the process and is using Apache Junction as a guide. CONSIDERATION AND POSSIBLE AWARD OF BID FOR PROJECT ENG 98-02 COMMUNITY DEVELOPMENT BLOCK GRANT STREET IMPROVEMENTS briefed the council on this item.Four June 24,with bids ranging from $31,415 Krisdan,who has done work for the city bid to Krisdan. council,Mayor Coleman called for AWARD BID ENG 98-02,CONSTRUCTION )Public Works Director Doug Dobson packets were returned and opened on to $54,970.The low bidder was before.Staff recommends awarding the There being no discussion by the a motion. Councilmember Insalaco MOVED TO OF CURB,GUTTER,SIDEWALKS,DRIVEWAYS,RAMPS REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 26 OF 38 AND RELATED WORK FOR PALO VERDE DRIVE,TUFA STREET AND BELMAR COURT TO KRISDAN COMPANY IN THE AMOUNT OF $31,415,PLUS 10% FOR UNFORESEEN CHANGE ORDERS. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION PROCEDURES FOR INTERVIEWS APPLICANTS discussed this last night discussion by council. FOR CITY COUNCIL )Mayor Coleman commented they had at the work session.He called for any further Councilmember Urich stated "Your honor,based on the discussion we had last night,I went home and,I still don't feel comfortable about it,and I have prepared a statement and I'd like to read it.Two years ago on July the 1st,1996,I was voted by unanimous vote of the previous council to fill a council vacancy.The vacancy was created when a council member died on April the 30th of 1996.The vacancy, for a three year term,was announced for less than two weeks.Two and a half months later,I was seated on the council.I took my oath of office on July the 2nd,and I was seated on July the 16th.Even though I was not voted into office by the citizens of Apache Junction,I have to answer to the citizens. I cannot sit here quietly and let this attempt at travesty of justice prevail. Anyone that knows me knows that I will fight for the principle of any situation.I want all people to have equal opportunity.During the past two years I have been out in the community talking to and encouraging our citizens to get involved.Our citizens have gotten involved.In fact,eight of our citizens have applied for the current vacancy on the council,but only seven met the residency requirement.Last February it was announced in one of our local newspapers that a council member was going to resign.In fact,we were notified on April the 18th that a council member was resigning effective April the 31st,1998.The vacancy was announced and was open for just over 5 weeks. Articles and notices about the vacancy were published not only in our two local newspapers,but also in the Mesa Tribune and the Arizona Republic.Our city cable channel even carried information on how to apply and what the deadline was.Even if some possible candidates were on vacation and didn't have a chance to apply,if they really wanted to apply they would have.I can't believe now,that after almost three months,that my colleagues now want to reopen the vacancy announcement.This is like slapping the seven qualified applicants in the face.Some are new members of our community while others have been active in the community a number of years.However,the basic requirement was that they have lived in Apache Junction for at least one year. All seven meet this requirement.Recently there was confusion in both papers REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 27 OF 38 about when we would be interviewing and selecting the candidates.That was the only confusion.There was no confusion about the date the vacancy closed, which was June the 19th at 5 PM,which was almost three weeks ago.However, even before the applications were in my hand to review,rumors were floating around the Junction about the council wanting to extend the deadline.Council members were furnished with a copy of each candidates'application last Thursday,July the 3rd.I would like to suggest that we interview these seven candidates as soon as possible.I know the term is for almost 3 years.And I hope it does not take the entire term to fill this vacancy." Mayor Coleman commented he thought her statement was a little premature,and he had not meant to slap anyone in the face. Councilmember Urich stated she had not meant the mayor,but comments that were made by others that she thought were slapping,and that she wanted her comments to be on record. Mayor Coleman asked if there were any other comments. Councilmember Eck commented he did not know they were doing a travesty of justice. Vice Mayor Surra stated there had been some misleading information out,such as when the council packets had to be back,i t is usually assumed that shortly after that the interviews will take place,followed by the selection process and the seating of the new council member.Due to school letting out at the end of May,there were people who knew they would not be here during the June,July and August period and felt that they might have wanted to be considered,but did not feel they could be here for the whole process.They did not want to appear to be asking for time off from the start.She does not know if there were any people who did not get their packets in and had asked for an extension.They do not want to have the misleading information given in the paper be the reason why someone did not make an application.This item is on the agenda in order to make some determination about the process.No promise to interview has been done at this time.She feels there has been some conflict between the time the applicants filed and when the interviews would take place.This was the only reason why she suggested extending the time that people had to file an application.The people who have filed do not need to refile:this time would be for new applicants.This has been a discussion only and no decisions have been made.Other things suggested that night included interviewing in alphabetical order,having a confidential waiting area and using a work session totally dedicated to the interviews only.These and other ideas were to be discussed tonight and a process determined. Councilmember Durbala commented that when they interviewed the city contract employees,in particular the attorney, REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 28 OF 38 the council went out twice looking for applications.The city attorney selected was one of the original applicants.This does not mean that they are waiting for certain people to get an application in.He commented they would just like to have more candidates to look at,as the last time they had 18 and the time before that there were 22 applicants.There should be more than 7 applicants and he agreed with the vice mayor that there should have been more that applied. Mayor Coleman commented he wanted Mr.Dietz to understand that he is still an applicant for the council.The appointment to the Planning and Zoning Commission does not affect his status as an applicant for the council.If he should happen to be selected to the council,he would have to resign from the Planning and Zoning Commission.His philosophy is to fill the spots with the best applicants that can be found. He added it does not matter to him if the application deadline is extended as he feels he could support several of the applicants who have already applied. He commented two of the present council were initially appointed and they have strong feelings on the way that should be handled.He called for council to discuss a procedure and a time frame. the interviews be held at the tentative budget approval is they could do the interviews interviews done that week or Councilmember next work session on July Councilmember for that same time. Councilmember a day before or day after. as soon as possible. Councilmember may be some council members who would like to see this Vice Mayor Su should first decide if they want to extend the time for Urich suggested that 20. Durbala commented the Urich commented that She would like the Durbala stated there extended. rra suggested they applications. Mayor Coleman called for a motion. Councilmember Eck commented he would not mind extending it,but it should not be extended for a long time period. Councilmember Durbala suggested extending it to the last working day in August. Councilmember Urich stated if they extended it they would be slapping the seven applicants in the face. Councilmember Eck suggested they not extend it then. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 29 OF 38 Councilmember Durbala did not agree with Councilmember Urich.It is like saying they had slapped the city attorney in the face when they asked for additional applicants for the city attorney position. Councilmember Urich stated they have seven qualified applicants.If it is extended,she feels they would be slapping them in the face. Councilmember Durbala commented he did not think that would be a slap in the face. Vice Mayor Surra apologized to any applicants in the audience if this appeared to be a slap in the face.It was not the intent,she is trying to be fair to people who had voiced concerns about the fact that this was being done over the summer when people take their family vacations.She would like to see more family folks represented in the applicant pool.She would like to see more applicants reflecting the population that is moving into the city. Councilmember Urich commented the citizens have known since February of the vacancy,and she believed there are some family -oriented people among the applicants. Mayor Coleman stated he is concerned that they will have angry applicants if they extend the application deadline. Councilmember Eck commented it did not matter one way or the other for him,though he would prefer to extend for a short time.It would be acceptable to him if the majority agree to go with the applicants they have. Councilmember Urich interrupted to ask what they were waiting for. Councilmember Durbala asked Councilmember Urich to allow each council member to speak before she interrupted them. Councilmember Urich replied she was doing what he always does. Mayor Coleman suggested considering this in several parts.The first motion should be to consider extending the deadline,and if that goes,the second motion would be to consider how long of an extension it will be.If the first motion does not pass,they can then consider a date for the interviews and the procedure. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 30 OF 38 EXTEND THE TIME FOR APPLICATION. Vice Mayor Surra MOVED THAT WE Councilmember Durbala SECONDED THE MOTION. VOTE:4-2 (Councilmember Urich and Mayor Coleman voted in opposition.) The motion carried. Mayor Coleman called for discussion or a motion on how long this should be extended. Councilmember Durbala asked Councilmember Eck how long he would like it extended. Councilmember Eck suggested two weeks. Councilmember Durbala stated he would like to see it extended 60 days,but he would settle for 30 days. Councilmember Insalaco suggested the first session in August so that they could get beyond the budget.He would not like to see it go any longer. Mayor Coleman asked if he meant the interviews should be in August or the application deadline. Councilmember Insalaco stated he would like to be able to interview them then. Vice Mayor Surra stated the first session is August 3rd and the second session is August 17th. Mayor Coleman stated they usually cancel the second meeting in August. City Clerk Kathleen Connelly suggested it would be most likely the August 4th meeting when they have final budget adoption. Councilmember Insalaco added they have to have enough time to advertise. City Clerk Kathleen Connelly stated she does not have enough time to advertise in two weeks. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 31 OF 38 was enough. 30 days was more than enough. 29th of August. 30 days for the entire process. two weeks is not enough time to adverti press.Thirty days would be more than and to get the applications returned. the deadline July 31 for the return of August 10 for the interviews. the council chambers would not be avail meeting. anything on the agenda. Councilmember Eck asked if 30 days City Clerk Kathleen Connelly stated Councilmember Durbala suggested the Vice Mayor Surra asked if this was City Clerk Kathleen Connelly stated se and get the information to the enough time for all of that to be done Vice Mayor Surra suggested making applications with a work session on City Clerk Kathleen Connelly stated able as there is a Board of Adjustment Vice Mayor Surra asked if they had City Clerk Kathleen Connelly stated there is a case coming up,but she does not know the date. City Attorney Joel Stern stated it is on the 13th of July. Vice Mayor Surra commented this room may be available then. Mayor Coleman suggested they could hold it at the conference center if this room were not available. Councilmember Durbala wondered if the conference center would have enough room as these are open to the public. Vice Mayor Surra stated it would depend on how it was set up.She reiterated having the application deadline closing on July 31,the work session interviews on August 10,and added the selection could be during a special meeting on August 11. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 32 OF 38 City Clerk Kathleen Connelly stated the room would not be available due to a Planning and Zoning Commission meeting. Councilmember Insalaco suggested the first meeting in August again. Vice Mayor Surra suggested they could not do it on the third as there would not be enough time to get the packets together. Councilmember Durbala suggested the interview meeting on August 10 and a special meeting on August 11. City Clerk Kathleen Connelly stated i t is difficult to record official voting business in the conference room. Councilmember Insalaco suggested it be moved to August 17 and August 18. City Clerk Kathleen Connelly stated those meetings are usually cancelled by the mayor. Vice Mayor Surra asked the mayor i f he planned on cancelling those meetings.At this time,it appears those meetings will be cancelled. Councilmember Urich suggested interviewing them earlier. City Clerk Kathleen Connelly suggested moving the deadline up to July 27 and do the interviews on August 3. Councilmembers Insalaco and Eck agreed with that deadline. City Clerk Kathleen Connelly stated it would still give her enough time. Vice Mayor Surra suggested having the interviews on August 3 and selecting a council member on August 4.The selection could be done during the regular agenda items.However,the 3rd should have no other items on the agenda.She requested the city manager to not place any other items on the 3rd so they could devote the whole time to the interviews. City Clerk Kathleen Connelly reminded them they would have final budget adoption on August 4. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 33 OF 38 Vice Mayor Surra stated the selection process does not take as long as the interviews take. Councilmember Durbala clarified that the application deadline will be on July 27 at 5 PM,the work session will be on August 3 for the purpose of interviews,and the council will vote on August 4.He asked the city manager to have the agenda light that night. City Clerk Kathleen Connelly stated this would include those applicants who have already submitted their applications. Councilmember Durbala stated that was correct and they do not have to reapply.He asked if the one individual who did not qualify due to lack of residency would then be qualified with the extension. City Clerk Kathleen Connelly stated he would not have been here a year until September. Councilmember Urich asked if the current applicants could do an addendum. Vice Mayor Surra stated they could add information or finish answering questions that had not been answered before,as the application is still open.She MOVED THAT PACKETS FOR COUNCIL APPLICANTS BE MADE AVAILABLE THROUGH THE JULY 26TH DATE;AND FINAL FILING DEADLINE DATE BE JULY 27 AT CLOSE OF BUSINESS;AND THAT INTERVIEWS FOR THE COUNCIL VACANCY BE HELD ON AUGUST 3RD ON A WORK SESSION AS A SOLE AGENDA ITEM; AND THAT SELECTION OF THE ELIGIBLE APPLICANTS INTERVIEWED BE HELD ON THE FOLLOWING EVENING ON AUGUST 4TH DURING A REGULAR MEETING,AND NOT NECESSARILY BE THE SOLE AGENDA ITEM.She added APPLICATIONS ALREADY ON FILE MAY BE AMENDED THROUGH THAT SAME DATE,7/27,IN CASE THERE IS ANY NEW INFORMATION THAT APPLICANTS WOULD LIKE TO ADD:THAT APPLICANTS BE INTERVIEWED IN ALPHA ORDER BY LAST NAME;APPLICANTS AWAITING AN INTERVIEW BE MADE COMFORTABLE IN ANOTHER SITE OTHER THAN WHERE THE INTERVIEWS ARE BEING HELD BUT CLOSE ENOUGH SO THAT THEY ARE WITHIN CALLING DISTANCE;THAT QUESTIONS FROM THE COUNCIL MEMBERS BE INDIVIDUAL,NOT NECESSARILY PLANNED,CAN BE ASKED AT WILL,BUT SHE WOULD SUGGEST THAT WE LIMIT NO MORE THAN THREE QUESTIONS PER COUNCIL PERSON PER APPLICANT FOR THE EXPEDIENCY OF TIME. MOTION. if they wanted prepared questions. not want prepared questions. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 34 OF 38 Councilmember Insalaco SECONDED THE City Clerk Kathleen Connelly asked Council in general stated they did Councilmember Durbala asked if the applicant gave a rebuttal,would that count as another question. Vice Mayor Surra stated as long as it was the same topic or a clarification was required it would only count as one question. VOTE:5-1 (Councilmember Urich voted in opposition.) The motion carried. IMPLEMENTATION OF CRIME FREE MULTI -HOUSING PROGRAM IN THE CITY OF APACHE JUNCTION RENTAL HOUSING )Mayor Coleman asked the city attorney if he had anything to add to last night's discussion. City Attorney Joel Stern only requested that they direct staff on the way council wished to go.If council would like this,it could involve a trip over to Mesa or their coming here. Mayor Coleman stated he would like to see Mr.Zering come here. City Attorney Joel Stern stated he could arrange that.He had originally scheduled him for the 4th but council may not want that on the agenda. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE IMPLEMENTATION OF CRIME FREE MULTI -HOUSING PROGRAM INTO CITY OF APACHE JUNCTION RENTAL HOUSING:THAT STAFF DRAFT A PROGRAM AS WE WOULD LIKE TO SEE IT BASED ON WHAT WE SAW IN THE PRESENTATION OF INFORMATION FROM MESA;THAT TO BE USED AS A GUIDELINE FOR FURTHER DISCUSSION;AND THAT WE INVITE FROM THE CITY OF MESA THE INDIVIDUAL WHO CAN GIVE US SOME FIRST HAND INFORMATION AND MORE CLARIFICATION ON HOW WELL THE PROGRAM IS DOING,MR.ZERING,AT A FUTURE DATE.She added if his presentation is not too long,they could have it on the 4th. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 35 OF 38 SPECIAL MEETING FOR ADOPTION OF THE TENTATIVE BUDGET )Councilmember Durbala MOVED THAT A SPECIAL MEETING FOR A PUBLIC HEARING AND ADOPTION OF THE TENTATIVE BUDGET FOR FY 1998-99 BE HELD ON MONDAY,JULY 20,1998,AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS PRIOR TO THE REGULAR WORK SESSION. MOTION. VOTE:Unanimous. The motion carried. EXECUTIVE SESSION AT 6:00 P.M. MONDAY,JULY 20,1998,IN THE RESPECTIVELY; AND THAT AN EXECUTIVE SESSION THE CITY CONFERENCE CENTER; Vice Mayor Surra SECONDED THE Councilmember Durbala MOVED THAT AN AND WORK SESSION AT 7:00 P.M.BE HELD ON CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS BE HELD AT 6:00 P.M.,TUESDAY,JULY 21,1998,IN Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Surra announced she heard there had been a great fireworks display sponsored by the city on the 4th of July,and that people came from far and wide to see them.Councilmember Eck added the paper stated there was approximately 5,000 people in attendance. Councilmember Eck announced that the Girls'Senior Softball All Stars is in Apache Junction District 7 for the next ten days.Apache Junction plays tomorrow night at 7:30 P.M. Councilmember Durbala announced that Councilmember Eck was recently voted on as a board member for the Little League. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:13 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 36 OF 38 2.Recognition of Outstanding Service to the Community by City Employees. 3.Acceptance of the Annual Report of the Apache Junction Public Library Board of Trustees for 1997-98 fiscal year. 4.Approval of Intergovernmental Agreement with the Arizona Department of Public Safety for mutual aid in law enforcement State Wide Gang Task Force and authorization for Mayor to sign agreement. 5.Approval of Intergovernmental Agreement with the Arizona Department of Public Safety for "Street Crimes Interdiction Grant"in the amount of $13,340 and authorization for Mayor to sign agreement. ACCEPTED THIS 4TH DAY OF AUGUST ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF AUGUST ,1998. DOUGLAS cpumAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 37 OF 38 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 7th day of July,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of July,1998. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 7,1998 PAGE 38 OF 38