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HomeMy WebLinkAbout1998-08-04 City Council Special MinutesCITY COUNCIL SPECIAL MEETING AUGUST 4,1998 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on August 4,1998 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. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Durbala Councilmember Insalaco Councilmember Urich (One vacancy exists on the council.) Staff Present:City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney R.Joel Stern Public Safety Director Robert Warner Finance Director Keith Lewis Public Works Director Doug Dobson Others Present:Long Range Planner Kate Morris Assistant Planner Paul Michaud Management Assistant Michael Munroe DISCUSSION ON FINAL BUDGET FOR FISCAL YEAR 1998-99 Mayor Coleman called for any further discussion by the council on this item. There being none,he moved on to the next item. PUBLIC HEARINGS PROPOSED FINAL BUDGET FOR FISCAL YEAR 1998-99 )Mayor Coleman opened the public hearing on the item. SPECIAL MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 1 OF 3 Mr.W.Dean Thorpe,1615 N.Delaware Drive,Apache Junction,addressed the council.He questioned the way the budget was prepared on the schedules,citing numerous items on the schedules. It appeared there were discrepancies,wherein at times they budgeted for more than had been spent in previous years,and at times budgeted.for less than what had been spent previous years.According to his figures,it appeared the income would be up 48%,while the expenses would be up 58%. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented it was unfair of Mr. Thorpe to come before the council at the end of the budget process and complain when he had not been to any meetings involving the budget or questioned it during the process.He added people should speak at the meetings or contact the staff on the budget with their questions or concerns before the final budget is presented to the council. Mayor Coleman.closed the public hearing with no one else wishing to speak.He moved on to the next item. CONIDERATION OF PROPOSED RESOLUTION NO.98-23,ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 1998-99 AND DECLARING AN EMERGENCY City Manager Curtis Shook stated he appreciated Mr.Thorpe's comments.However,the city has to follow the state statutes regarding a number of different expenditures,which in turn account for the discrepancies mentioned by Mr.Thorpe.He gave as examples the $6,000,000 highway improvement fund and various grants that have been applied for.He cited the streamlining of departments had also brought about some changes from previous budgets.He stated he would be happy to meet with Mr. Thorpe to answer any individual questions.He added the.large aberrations can be explained by grants and bond funds and by the way the State of Arizona requires municipalities to report their annual budget. Mayor Coleman called for any further discussion.There being no further discussion,he called for a motion. Councilmember,Durbala MOVED THAT RESOLUTION NO.98-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR.THE FISCAL YEAR BEGINNING JULY 1,1998,AND ENDING JUNE 30,1999:DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1998-1999:AND DECLARING AN EMERGENCY,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. SPECIAL MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 2 OF 3 The motion carried. ADJOURNMENT meeting at 7:16 p.m. ACCEPTED THIS 1ST COUNCIL OF THE CITY OF SIGNED AND ATTESTED TO ATTEST: City Clerk )Mayor Coleman adjourned the DAY OF SEPTEMBER ,1998,BY THE MAYOR AND CITY APACHE JUNCTION,ARIZONA. THIS 1ST DAY OF SEPTEMBER ,1998. DOUGLAS gOLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction,Arizona,held on the 4th day of August,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of August,1998. City Clerk SPECIAL MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 3 OF 3 CITY COUNCIL REGULAR MEETING AUGUST 4,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 4,1998,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 7:16 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Urich Councilmember Durbala Councilmember Eck Councilmember Insalaco Staff Present: Others Present: (One vacancy exists on the council.) City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Finance Director Keith Lewis Public Works Director Doug Dobson Long Range Planner Kate Morris Assistant Planner Paul Michaud Management Assistant Michael Munroe 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:PARKS REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 1 OF 20 SUPERINTENDENT NICK BLAKE;RECREATION SUPERINTENDENT BETH COWLES;PARKS & RECREATION EMPLOYEE DAVID GARDNER;PARKS & RECREATION EMPLOYEE BILL HARRIS; RECREATION COORDINATOR LIZ LANGENBACH;PARKS & RECREATION EMPLOYEE JIM WALL; COMMUNITY OUTREACH COORDINATOR PAT BRENNER;YOUTH SERVICES LIBRARIAN LIZ BURKS;YOUTH SERVICES STAFF MEMBER MARY -JOY ZUIK;YOUTH SERVICES TEMPORARY STAFF MEMBER SARAH BROWN;THE LIBRARY STAFF;AND THAT RESOLUTION NO.98-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING AS A PUBLIC RECORD AND ADOPTING THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK AND ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 1998-1999" AND "THE COMPENSATION SCHEDULE FOR FISCAL YEAR 1998-1999" AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.W.Dean Thorpe,1617 N.Delaware,Apache Junction,addressed the council regarding the classification and salary range of the employees.He has heard that many government employees complain that they are underpaid,however,upon looking at the lowest pay scale of a grade 5 and figuring that they work for 50 weeks a year,it appears that the lowest paying job is over $9 per hour. He commented on a highly qualified former resident who could not find a job in town for over $6.50 per hour.He added it appeared most of the city jobs start at the 12-15 grade level,and that appears to be well above the poverty line.He stated the council should look at these salaries when they are doing the budget.He then asked if the highway user bonds had to be accepted,or could they be turned down. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1053/PZ-98-11/ TOMAHAWK COLONNADE COMMERCIAL REZONING ) )Long Range Planner Kate Morris briefed the council on the item.She commented this parcel was annexed into the city at the last meeting.It is located near the freeway and Tomahawk REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 2 OF 20 Road.This is to rezone just under 20 acres currently zoned for trailer homesites to general commercial by planned development.The plan shown is conceptual for the eastern half of the property.Possible end users according to the applicant are a commercial service center such as a motel and restaurant,retail and office space,and possibly a drug store or some other professional office space.Property managers from adjacent mobile home parks expressed some concerns during the planning and zoning commission meeting over the traffic impact on Tomahawk Road and whether Tomahawk Road will be improved in the future.The commissioners recommended nine conditions,all standard for a speculative rezoning. Mayor Coleman asked the applicant if he would like to address the council.Mr.Rick Black,the applicant, declined.Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented the city needs this type of development on this side of town and he is all for it. Mr.Don Yule,3500 S.Tomahawk, Apache Junction,addressed the council.He and his wife manage Apache East Estates and Denali Park Estates,both 55+ communities.He would like to see an 8'wall between the parks and the commercial property and that there be no public parking on the south end of the commercial property,just parking for delivery trucks during ingress and egress.The project has their full support otherwise. hearing with discussion. ORDINANCE NO ORDINANCE BE no one else wishing to There being no council .1053 BE READ BY TITLE WAIVED. MOTION. VOTE:Unanimous. The motion carried. the ordinance by title only. Mayor Coleman closed the public speak.He opened the item to council discussion,he called for a motion. Councilmember Urich MOVED THAT ONLY AND THE READING OF THE ENTIRE Councilmember Insalaco SECONDED THE City Clerk Kathleen Connelly read Councilmember Urich MOVED THAT ORDINANCE NO.1053,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 3 OF 20 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1052/PZ-98-14/ REZONING REQUEST BY CONNIE PETERSEN )Assistant Planner Paul Michaud briefed the council on this item.He commented this property is at the southeast corner of Tepee and Gold.I t is to rezone an acre and a quarter property from general rural to CR-1MH.It would split the property into a maximum of two lots.The majority of the properties surrounding this location are zoned TH which allows for this lot size.There are 3 properties in this area that are still zoned general rural,and one zoned CR-2MH just south of the applicant.The subject property will have a density of 1.6 dwelling units per acre;there are 6 dwelling units per acre allowed.The majority of homes in the area are manufactured homes.There is an existing block home plus a pool on the site.The proposed lots are 20,625 gross sq.ft.and 33,825 gross sq.ft.The lots meet the CR-1MH lot size and width,the setbacks exceed the minimum requirements,and the pool is 15'from the lot line.The commission recommended approval unanimously.This rezoning complies with the general plan designation on the site and it compares with existing zoning for the surrounding properties.The commission recommended three conditions for approval:the land split must be approved,recorded and a home installed or constructed within 24 months or it may revert back to general rural;the north 40',the west 33'and the visibility area at the northwest corner of the site are to be dedicated to the city;and the property must comply with the zoning regulations. Councilmember Eck asked if this property was currently zoned general rural. Assistant Planner Paul Michaud stated that was correct. that it was going to CR-1H. stated it would be CR-1MH. different from CR-2MH. Councilmember Eck wanted to clarify Assistant Planner Paul Michaud Councilmember Eck asked how that was Assistant Planner Paul Michaud stated CR-2 allows for subdivisions or the property owner to go through the REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 4 OF 20 subdivision process to get a smaller lot size.The CR-1 does not have that provision;the minimum lot size is 20,000 gross sq.ft. Councilmember Eck asked what section number this property was in. Assistant Planner Paul Michaud stated it is in Section 17. Councilmember Eck asked if there had been any past rezoning requests in that section. Assistant Planner Paul Michaud stated he was not aware of any. stated they have had received any Long Range Planner Kate Morris had a couple in Section 18,further east of this section. Councilmember Insalaco asked if he feedback from the surrounding areas. Assistant Planner Paul Michaud stated they have received none. Councilmember Insalaco asked if there already was a wall splitting the property. Assistant Planner Paul Michaud stated there is a wall,but it is more for the protection of the pool. Mayor Coleman asked the applicant if they would like to address the council.The applicant declined.He then opened the public hearing on this item.There being no one wishing to speak, he closed the public hearing and opened the item to council discussion.There being no further council discussion,he called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1052 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 5 OF 20 the ordinance by title only. City Clerk Kathleen Connelly read Councilmember Eck MOVED THAT ORDINANCE NO.1052,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:5-1 (Mayor Coleman voted in opposition.) The motion carried. OLD BUSINESS. PROPOSED ORDINANCE NO.1029/RESIDENTIAL SOLID WASTE COLLECTION )Management Assistant Michael Munroe briefed the council on this item.He commented this item has been brought back following the revisions requested by council.In addition,staff has been able to meet with representatives of the solid waste agencies who collect solid waste in Apache Junction.The proposed ordinance has been discussed with these agencies and they are in agreement and support of the ordinance.However,they did request that the designated days of collection be changed to Mondays and Thursdays,which is what is currently being done by the majority of them,instead of on Tuesdays and Fridays.They assured staff that if a collection day falls on a holiday,they will collect the waste on the following day.The hours of collection remain between 6 a.m.and 6 p.m. on those days,and there is a process to extend the hours during an emergency situation.The containers will be required to contain a minimum of 1 yard of solid waste per unit per week,which equals a 90 gallon container collected twice a week.Multi -family dwellings will have other containers to accommodate them.It will be unlawful to place solid waste outside of those containers.The containers must be placed and handled in a safe fashion;they may be positioned in front of homes or in alleyways where i t is safe and passable.Multi -family containers must be placed where it is safe and passable and shall not interfere with curbs,sidewalks or the right-of-way. An appeal process has been included regarding the placement of containers.In addition,it has been suggested that recreational vehicle parks be removed from the definition of residential solid waste.The agencies stated they would try to collect from the recreational vehicle parks on the same days as they collect residential solid waste. Mayor Coleman opened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 6 OF 20 Councilmember Durbala asked if there would be a conditional fee charged to the haulers,as he does not see that in the ordinance. Management Assistant Michael Munroe stated he recalled that request. City Manager Curtis Shook commented this is a discussion item only.Staff had been charged with fixing the immediate problems of the numbers of days of collection,the standardization of collection and the containers.He gave a brief history on the collection history of the city,and reiterated that the haulers would be collecting on Mondays and Thursdays. Councilmember Durbala stated that is not the question he asked.They have had so many companies collecting,they might put some out of business by requiring a franchising fee or a special licensing fee.At that time there were seven haulers,they are now down to three.The smaller companies sold out to the larger companies,and the customers have had their fees raised.He would like to stop that and make i t a franchise to move into the city. City Manager Curtis Shook commented council has the right to add that as a section. Councilmember Durbala stated he would like to know how the rest of the council feels about it. Mayor Coleman and Councilmember Insalaco stated they had not really thought about it. Councilmember Eck asked exactly what he wanted. Councilmember Durbala stated the intent is to stop the smaller companies from coming in and building up a customer base,then selling those customers to another larger company.The customer thinks they may get a price break,but it usually costs them more over an extended period.He would like to see a licensing or franchise fee to prevent these haulers from coming in just to start up a business and then sell it. Councilmember Eck stated those customers could still switch to another company,as they would not have a signed contract. Councilmember Durbala stated the customer would sign up with the smaller,low cost company whose only intent is REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 7 OF 20 to come in and take away a chunk of the business,then sell it back to one of the main haulers already here.The larger hauler would raise the rates again. A licensing or franchising fee paid to the city would possibly stop some of the smaller companies from moving in,establishing a business,and then selling their client base to the larger company. Councilmember Eck commented these people would not have had their rates go up if they had been with the larger company all along. Councilmember Durbala stated you would be charging the company a fee;they would not be interested in paying that fee if their only intent was to be in business for six months or less. The customers would not have their rates increased every time they had to change.He asked that this be brought back as a discussion item. to direct staff to research this. would like to see that. this is a discussion item only. Councilmember Eck asked if he wanted Councilmember Durbala stated he Mayor Coleman reminded them that Councilember Durbala stated they will have to bring it back on the next agenda to direct staff to research it. Mayor Coleman commented that what Councilmember Durbala is saying is that they charge them an additional fee which they would then pass on to the customer. Councilmember Durbala stated if they do not charge the fee,three or four more little companies will come in that will eventually sell out.The rates would go up anyway,he would prefer to just have fewer companies. Councilmember Eck stated that would be taking competition away from the three companies that are already here. Mayor Coleman stated he would not mind looking into it and having it brought back. Councilmember Insalaco asked if all those developments that have alleys would be required to have their containers in the alley.Not all of them do so now. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 8 OF 20 Management Assistant Michael Munroe stated they would not all be going down the alley. Councilmember Insalaco asked how that would work.There are some alleys they cannot go down,but there are other places where some companies will go down the alley and others will not. Management Assistant Michael Munroe commented the companies use different types of vehicles and if the alley is passable for their equipment,they will use the alley.In some cases the alley may be too narrow or there may be overhanging wires.At this time it is left up to the discretion of the customer if they have an alley behind them that is passable. Councilmember Insalaco did not agree with that as the company with the largest trucks goes down the alleys,the ones with smaller trucks do not.He does not like three different garbage companies going down the street and one going down the alley. Management Assistant Michael Munroe stated the city attorney determined it would be difficult to require all of the companies to collect in an alley.He commented collection in all the new developments will have to be at the front of the property,and the market and industry are headed in that direction. City Attorney Joel Stern stated that according to his research,it would be difficult to make that kind of requirement because of the types of vehicles the companies have. Councilmember Insalaco stated he could not buy that. Mayor Coleman asked when the ordinance would -come back to council. Councilmember Urich asked if recreational vehicle parks will be eliminated from the definition. Management Assistant Michael Munroe indicated that was true. City Manager Curtis Shook commented this would be brought back at the next meeting.The companies are ready to implement this and have promised to upgrade their equipment and containers. They would like to get a basic ordinance on the books and move from there. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 9 OF 20 Councilmember Durbala asked if the rate increase and franchise fees could be addressed at a later date after this original ordinance was passed. City Manager Curtis Shook stated that would be staff's recommendation. Councilmember Eck asked if it would be disruptive to change the pick up days from Mondays and Thursdays. Management Assistant Michael Munroe commented the majority of the routes in the city are currently being collected on Mondays and Thursdays.The companies believe it will be least disruptive to standardize it to those days. Councilmember Eck asked if they would pick up on Tuesday and Thursday if a holiday falls on a Monday. Management Assistant Michael Munroe commented the companies stated that if a holiday falls on a Monday or Thursday and they do not collect the waste,they will collect it on Tuesday or Friday. Councilmember Eck added they are currently not doing that,so this is something they will start doing. Management Assistant Michael Munroe stated they presently have different schedules,but they have been doing that when i t falls on a holiday. Councilmember Eck stated it does not happen now,and he wanted it clarified that it will be happening in the future. Councilmember Insalaco added they also do not pick up on the day after a holiday, falling on the regular pick up day at his house. Management Assistant Michael Munroe stated they have assured the city that they will do this in the future.The city may have to monitor them to see if they do not.He added Allied Waste only recognizes two holidays that they do not collect on,and some of the others stated there are only two or three. Councilmember Eck commented he would have to disagree with that statement.He just wants to make sure there will be pick ups in the future. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 10 OF 20 City Manager Curtis Shook stated the adoption of the rules will enable city staff to take appropriate action i f they are not followed. Vice Mayor Surra stated the letter received from AJ Waste states they will not pick up on the day following a holiday on a scheduled pick up day,but would pick up on the next scheduled service day.She disagrees with the interpretation of what staff and the companies have;there appears to be a conflict.She believes this still needs to be clarified. stated he will do that. and called for a ten minute break. meeting. NEW BUSINESS. Management Assistant Michael Munroe Mayor Coleman closed the discussion Mayor Coleman reconvened the APPOINTMENT OF QUALIFIED CITY RESIDENT AND ELECTOR TO FILL THE CITY COUNCIL VACANCY )Mayor Coleman stated he appreciated the applicants and there were many fine,qualified people,making the decision difficult.He used the mayor's prerogative and MOVED THAT MARILYN HUERTER BE APPOINTED TO THE VACANT CITY COUNCIL POSITION WITH A TERM TO EXPIRE IN JUNE,2001. Councilmember Durbala SECONDED THE MOTION. VOTE:3-3 (Councilmembers Urich,Insalaco and Eck voted in opposition.) The motion failed. Councilmember Eck MOVED THAT RICHARD DIETZ BE APPOINTED TO THE VACANT CITY COUNCIL POSITION WITH A TERM TO EXPIRE IN JUNE,2001. Councilmember Insalaco SECONDED THE MOTION. VOTE:3-3 (Vice Mayor Surra and Councilmembers Durbala and Urich voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 11 OF 20 The motion failed. DAVID F.WALDRON. Councilmember Durbala NOMINATED Councilmember Urich SECONDED THE MOTION. VOTE:3-3 (Vice Mayor Surra and Councilmembers Insalaco and Eck voted in opposition.) The motion failed. Vice Mayor Surra NOMINATED TOM DAM IANO. Mayor Coleman SECONDED THE MOTION. VOTE:2-4 (Councilmembers Insalaco,Eck,Urich and Durbala voted in opposition.) The motion failed. HUERTER. Vice Mayor Surra RENOMINATED MARILYN Councilmember Durbala SECONDED THE MOTION. VOTE:3-3 (Councilmembers Eck,Insalaco and Urich voted in opposition.) The motion failed. RICHARD DIETZ. Councilmember Eck RENOMINATED Councilmember Insalaco SECONDED THE MOTION. VOTE:3-3 (Vice Mayor Surra and Councilmembers Urich and Durbala voted in opposition.) The motion failed. Councilmember Urich NOMINATED RON REINAGEL. Mayor Coleman SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 12 OF 20 VOTE:2-4 (Vice Mayor Surra and Councilmembers Insalaco,Eck and Durbala voted in opposition.) The motion failed. MARILYN HUERTER. MOTION. Councilmember Durbala RENOMINATED Vice Mayor Surra SECONDED THE VOTE:3-3 (Councilmembers Eck,Insalaco and Urich voted in opposition.) The motion failed. RICHARD DIETZ. MOTION. Councilmember Insalaco NOMINATED Councilmember Eck SECONDED THE VOTE:3-3 (Vice Mayor Surra and Councilmembers Durbala and Urich voted in opposition.) The motion failed. WALDRON. MOTION. Councilmember Urich NOMINATED DAVE Councilmember Durbala SECONDED THE VOTE:3-3 (Vice Mayor Surra and Councilmembers Insalaco and Eck voted in opposition.) The motion failed. MARILYN HUERTER. MOTION. Councilmember Durbala RENOMINATED Vice Mayor Surra SECONDED THE VOTE:3-3 (Councilmembers Insalaco,Eck and Urich voted in opposition.) The motion failed. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 13 OF 20 Mayor Coleman MOVED THAT MARILYN HUERTER BE APPOINTED TO THE VACANT CITY COUNCIL POSITION. Vice Mayor Surra SECONDED THE MOTION. VOTE:3-3 (Councilmembers Eck,Insalaco and Urich voted in opposition.) The motion failed. Mayor Coleman MOVED THAT WE APPOINT RICHARD DIETZ TO THE VACANT CITY COUNCIL POSITION. Councilmember Insalaco SECONDED THE MOTION. VOTE:3-3 (Vice Mayor Surra and Councilmembers Durbala and Urich voted in opposition.) The motion failed. DAMIANO. MOTION. Councilmember Durbala NOMINATED TOM Vice Mayor Surra SECONDED THE VOTE:3-3 (Councilmembers Eck,Urich and Insalaco voted in opposition.) The motion failed. Mayor Coleman MOVED THAT MARILYN HUERTER BE APPOINTED TO THE VACANT CITY COUNCIL POSITION. Vice Mayor Surra SECONDED THE MOTION. VOTE:3-3 (Councilmembers Urich,Insalaco and Eck voted in opposition.) The motion failed. Councilmember Durbala NOMINATED DAVID WALDRON. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 14 OF 20 VOTE:3-3 (Vice Mayor Surra and Councilmembers Eck and Insalaco voted in opposition.) The motion failed. HUERTER. MOTION. Vice Mayor Surra RENOMINATED MARILYN Councilmember Durbala SECONDED THE VOTE:3-3 (Councilmembers Urich,Insalaco and Eck voted in opposition.) The motion failed. Mayor Coleman MOVED THAT RICHARD DIETZ BE APPOINTED TO THE VACANT CITY COUNCIL POSITION. Councilmember Insalaco SECONDED THE MOTION. VOTE:3-3 (Vice Mayor Surra and Councilmembers Urich and Durbala voted in opposition.) The motion failed. Mayor Coleman MOVED THAT MARILYN HUERTER BE APPOINTED TO THE VACANT CITY COUNCIL POSITION. Vice Mayor Surra SECONDED THE MOTION. VOTE:3-3 (Councilmembers Eck,Insalaco and Urich voted in opposition.) The motion failed. Mayor Coleman MOVED THAT DAVID WALDRON BE APPOINTED TO THE VACANT CITY COUNCIL POSITION. Councilmember Urich SECONDED THE MOTION. VOTE:3-3 (Vice Mayor Surra and Councilmembers Eck and Insalaco voted in opposition.) The motion failed. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 15 OF 20 Vice Mayor Surra OFFERED RICHARD DIETZ. Mayor Coleman SECONDED THE MOTION. VOTE:4-2 (Councilmembers Urich and Durbala voted in opposition.) The motion carried. Mayor Coleman commented it was an extremely difficult decision,congratulated Mr.Dietz and added they appreciated everyone who had participated in the process. Vice Mayor Surra added the council would welcome the participation of the council applicants on vacant boards and commissions positions.She encouraged them to continue to attend the council meetings and provide the council with their input during call to the public and public hearings. Mayor Coleman called for a ten minute recess. Mayor Coleman reconvened the meeting. CONSIDERATION OF CONTRACTS FOR VARIOUS HUMAN SERVICES AGENCIES FOR FISCAL YEAR 1998-1999 )City Clerk Kathleen Connelly briefed the council on the item.Council had previously voted to accept the recommendations of the health and human services commission and requested that the contracts be brought back to the council with the adoption of the final budget.The contracts contain all of the stipulations recommended by the commission. Mayor Coleman opened the item to council discussion.He expressed his thanks to the commission for the work that they do in making the recommendations.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT THE HEALTH AND HUMAN SERVICE AGENCY CONTRACTS FOR FISCAL YEAR 1998-1999 IN THE DOLLAR AMOUNTS AND INCLUDING THE STIPULATIONS RECOMMENDED BY THE HEALTH AND HUMAN SERVICES COMMISSION BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 16 OF 20 VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION CONDUCT STUDY AND DO ANALYSIS OF CITY BUSINESS LICENSE FEES )City Clerk Kathleen Connelly briefed the council on this item.She commented current business license fees were briefly discussed at the budget work session,and research shows they have not been adjusted since they were enacted in 1980.Business license fees include the basic initial fee and other fees such as liquor license fees and peddler fees,to name a few.Staff is requesting directions as to whether they are just to look at the basic license fee or at everything involving license fees. wanted to look at everything. Council in general stated they Mayor Coleman called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING BUSINESS LICENSING FEES:THAT THEY COME BACK WITH A REVIEW OF ALL FEES WITHIN THE CITY CODE CHAPTER 8. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESEARCH AND PREPARE RECOMMENDATION ON POSSIBLE CHANGES TO PROCEDURES, QUALIFICATIONS AND FEES FOR SPECIAL EVENTS) )City Clerk Kathleen Connelly briefed the council on the item.She commented this is another portion of Chapter 8 and it has been on the books for about 7 years.It was passed on a trial basis and over the years a number of flaws have been found.It has been interpreted by several groups as to what is or is not a special event.As a result,some groups are qualifying for special events that should not be qualified.She would like direction to look at that section of the code,at the fees and definitions,and perhaps tie in a special event to something that includes actuall promoting the community in both name and deeds. Mayor Coleman called for any council discussion.There being none,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 17 OF 20 Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING SPECIAL EVENT LICENSE REQUIREMENTS:TO RESEARCH AND PREPARE RECOMMENDATIONS ON POSSIBLE CHANGES TO PROCEDURES,QUALIFICATIONS AND FEES FOR SPECIAL EVENTS. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra suggested having the executive session regarding the contract for the presiding magistrate before the next work session on August 31,1998. City Attorney Joel Stern commented if anything came up that would be an emergency,he would call an emergency session. Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION BE HELD ON AUGUST 31,1998 AT 6:00 P.M.FOR THE CONTRACT NEGOTIATIONS WITH THE PRESIDING MAGISTRATE. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 31,1998,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY: AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,TUESDAY,SEPTEMBER 1, 1998,IN THE CITY CONFERENCE CENTER. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 18 OF 20 INFORMATION AND REPORTS Councilmember Durbala reminded everyone of the Rural Economic Development Conference on September 8-10 being held in Sierra Vista.He is planning to attend and he believes the councilmember-elect will also be attending. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:54 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of June 29,1998. 3.Acceptance of Minutes of Regular Meeting of July 7,1998. 4.Acceptance of Minutes of Special Meeting of July 20,1998. 5.Acceptance of Minutes of Regular Meeting of July 21,1998. 6.Recognition of Outstanding Service to the Community by City Employees Nick Blake,Beth Cowles,David Gardner,Bill Harris,Liz Langenbach,Jim Wall,Patrick Brenner,Mary -Joy Zuik,Liz Burkes and Sarah Brown. 7.Approval of Resolution No.98-21,Adoption of Classification and Compensation Schedules for FY 98-99 (with the Emergency Clause). ACCEPTEDI THIS 1ST DAY OF SEPTEMBER ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF SEPTEMBER ,1998. DOUGLAS gOLEMAN Mayor ATTEST: KATHLEEN CONNELLY• .ulty Lien( REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 19 OF 20 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 4th day of August,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of August,1998. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4,1998 PAGE 20 OF 20