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HomeMy WebLinkAbout2001-02-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 6,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 6,2001.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 Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Durbala Councilmember Dietz Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook (arrived at 7:15) Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 1 OF 23 Others Present:Senior Planner Rudy Esquivias Management Assistant Shari Watson Assistant to the City Manager Bryant Powell 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:RECREATION COORDINATOR JAY REYNOLDS FOR HIS EXTRA EFFORT TO INSURE THE SUCCESS OF THE GOLDEN AGES SOFTBALL PROGRAM;PARKS SUPERVISOR KEITH GRAVES FOR HIS DIVISION'S HELP AND EXPERTISE IN FIXING WEATHER DAMAGED FIELDS:PARKS SUPERINTENDENT NICK BLAKE,PARKS SUPERVISOR KEITH GRAVES,PARKS AND RECREATION EMPLOYEE ROBIN JONES,PARKS AND RECREATION EMLOYEE AARON MCDONALD,AND RECREATION COORDINATOR JAY REYNOLDS FOR PERFECT ATTENDANCE IN THE FOURTH QUARTER OF 2000;RECREATION COORDINATOR JAMIE ZACHER FOR BEING PARKS AND RECREATION DEPARTMENT EMPLOYEE OF THE QUARTER FOR THE FOURTH QUARTER OF 2000:LIBRARY CIRCULATION SUPERVISOR IRISH PELLETIER FOR HER ASSISTANCE WITH THE ANNUAL VOLUNTEER RECOGNITION EVENT;DEPUTY CITY CLERK JAN MASON FOR HER BEING AWARDED A PARTIAL SCHOLARSHIP FOR THE ARIZONA MUNICIPAL CLERKS ASSOCIATION ACADEMY FOR 2001:AND PUBLIC WORKS STAFF FOR THEIR WORK IN ASSISTING A RESIDENT WITH A DRIVEWAY ACCESS PROBLEM;AND THAT APPROVAL BE GIVEN OF THE SETTLEMENT AGREEMENT OF STEFFY V.CITY OF APACHE JUNCTION,PINAL COUNTY SUPERIOR COURT NO.CV2000048253 IN THE AMOUNT OF $6,250.00;AND THAT THE AWARD OF BID FOR PROJECT NO.PW-2001-01,A TRUCK -MOUNTED HIGHWAY STRIPER,BE AWARDED TO TMT-PATHWAY OF SALEM,OREGON IN THE AMOUNT OF $153,720.00 FOR THE BASE BID,$262.00 FOR ALTERNATE BID 2 FOR AIR DUSTERS, $2,478.00 FOR ALTERNATE BID 4 FOR AN ARROWBOARD,AND $1,260.00 FOR ALTERNATE BID 5 FOR A POINTER GUIDE,FOR A TOTAL AMOUNT OF $157,720.00;AND THAT THE AWARD OF BID TO PURCHASE FLEET VEHICLES USING THE STATE OF ARIZONA PURCHASING CONTRACT BE AWARDED TO ED MOSES DODGE FOR A HALF TON PICKUP TRUCK FOR ANIMAL CONTROL IN THE TOTAL AMOUNT OF $14.387.45,AND BILL LUKE DODGE FOR A 4 -DOOR JEEP CHEROKEE FOR PUBLIC WORKS DEPARTMENT IN THE TOTAL AMOUNT OF $21,266.35 FOR A TOTAL AMOUNT OF $35,653.80,INCLUDING TAX. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 2 OF 23 VOTE:Unanimous.(Councilmember Durbala abstained from approval on the minutes of January 16,2001 as he was not in attendance at that meeting.) The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding having legal settlements on the public hearing portion of the agenda instead of on the consent agenda.He was also concerned that the city is continuing to move ahead with the capital facilities plan when he currently has a lawsuit pending on the issue. Ms.Jane Blanton,455 E.Junction,Apache Junction,addressed the council regarding her inability to get a massage license.She had been previously licensed in Mesa but does not have enough school hours to be licensed in Apache Junction.She has reference letters as to her ability and ethics and gave council copies of information on her background.She wished to be reconsidered for licensing as the laws have changed since she went to school. Councilmember Eck requested staff to have a report on massage therapist licensing on the next agenda.He is concerned that the city's requirements be adequate and consistent with other communities. CITY MANAGER'S REPORT Assistant City Manager George Hoffman commented the city had its largest number of graduates finish the Citizens Leadership Academy last week and most of them will take a one hour helicopter ride over the valley offered by Salt River Project in support of the program.He then introduced Bryant Powell, the new Assistant to the City Manager. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 3 OF 23 PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR FEBRUARY 10,2001 )City Clerk Kathleen Connelly briefed the council on the item.This is for the applicant's grand opening. The applicant was notified to attend the meeting to answer any questions. Mayor Coleman requested the applicant address the council. Ms.Linda Stewart,the owner of the Longhorn Bar & Grill,addressed the council. Councilmember Urich asked what type of security they would have. Ms.Linda Stewart stated there is a chain link fence at the back of the property and there will be motor homes on the side of the property to keep them off the property next to hers;it will actually run just a few feet down the side.Gary Mulholland is bringing in 35 bales of hay to stack along the wall.There will be at least 8 men who will stand along the wall.There will be 3 certified people serving alcohol.She is sure,since she is new to the business.,that liquor control will come out and inspect her,so she is taking steps to make sure everything is certified. There will also be certified Budweiser people attending to promote their product,certified Coors Light people to promote their product,and certified Bacardi girls will be promoting their product. Mayor Coleman asked if she had said the Bacardi girls. Ms.Linda Stewart stated that is correct,they are actually from United Beverage.She will have a man standing at the entrance to card people,.• 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 council discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 4 OF 23 Councilmember Dietz MOVED THAT THE TEMPORARY EXTENSION OF PREMISES FOR THE LONGHORN BAR & GRILL SUBMITTED BY LINDA STEWART BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.01-02,GRANT FUNDS TO PURCHASE MOBILE DATA TERMINALS )Public Safety Director Robert Warner briefed the council on the item.This authorizes the expenditure of federal grant monies to purchase additional mobile data terminals.The new replacement vehicles will be equipped with these terminals.The advisory group supports the purchase of the additional units.They intend to purchase up to 5 units,depending on the price.They hope to have all police vehicles equipped with these in the future.This is a safety issue,allowing instantaneous communication with a variety of data bases,a full map of the city,and allowing for dispatchers to know where each unit is at all times so that the closest unit can be dispatched.It will also secure communications. Other municipalities in the valley already have this equipment,but these will be the first for Apache Junction. Councilmember Dietz asked if this will allow the officer to spend more time in field as they can enter their reports directly into the data base. Public Safety Director Robert Warner stated that is correct.I t also cuts down on the number of people entering and looking up data,thereby cutting down on the number of errors.The officer will write the report in the field,electronically transmit it to the supervisor,who,upon approval,will transmit i t into the data system. Vice Mayor Surra commented she also sees this as additional safety for the community as i t keeps the officers out REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 5 OF 23 there and enables them to have speedier response times.She sees this as a good use for the grant money. Public Safety Director Robert Warner stated that is correct. Councilmember Eck asked if this grant has anything to do with the hand held radios the department is having problems with. Public Safety Director Robert Warner stated they are having a problem picking up reception on the hand held radios. Councilmember Eck asked if it is similar to the problem with cell phones. Public Safety Director Robert Warner stated that is correct.This equipment has nothing to do with those radios, but the department is working on that problem. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He is for federal funds for the police to bring about a safer community,but commented the police department should have a "more friendly approach"to all federal laws,including the freedom of information. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.01-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PERTAINING TO THE ACCEPTANCE OF UNITED STATES DEPARTMENT OF JUSTICE,BUREAU OF JUSTICE ASSISTANCE,LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURPOSE OF LOCAL LAW ENFORCEMENT STRATEGIES TO ACHIEVE SAFE COMMUNITIES,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 6 OF 23 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1149,COUNCIL- INITIATED TEXT AMENDMENT TO "MARKET DAYS" ORDINANCE;PROPOSED ORDINANCE NO.1150, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8,BUSINESS,ARTICLE 8-9 SALES WITHIN MOBILE HOME PARKS,RV PARKS AND MOBILE HOME SUBDIVISIONS )Senior Planner Rudy Esquivias briefed the council on Ordinance No.1149,which adds a definition for an outside vendor,and that the definition exclude a vendor selling meat, poultry,seafood and dairy products.The current ordinance allows the retail sales of goods and services by park tenants and outside vendors in mobile home and trailer parks for one day a week,subject to some provisions.He gave the proposed definition of an outside vendor. City Clerk Kathleen Connelly briefed the council on Ordinance No.1150.This ordinance amends the business license portion in the city code so that it corresponds with the amendments in Ordinance No.1149,which is amending the zoning ordinance.I t also clears up some language to make i t consistent throughout the section and adds the outside vendor definition.It will enforce the sale of certain products at market days.There is no current language permitting patio sales or handcrafted items being sold at market days without needing a business license.This language will be added.I t clearly defines that those people selling handcrafted items outside their own park will be determined commercial and will need a business license.I t also cross references the city code to the zoning ordinance.She thanked the activity directors from the parks for their assistance on this ordinance. City Attorney Joel Stern commented Councilmember Urich had asked last night if the phrase "not a resident of a specific park"could be changed to "not a resident of the specific park".He REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 7 OF 23 stated the change could be made without i t affecting the rest of the ordinance. Vice Mayor Surra asked if it would have to appear in the motion if it was changed. City Attorney Joel Stern stated i t should since they only have a draft. Vice Mayor Surra commented this definition still appears to exclude anyone from having a license if they sell food.I t states that an outside vendor does not include anyone selling those things and only outside vendors require a license.It does not appear to be worded correctly. Senior Planner Rudy Esquivias asked if she asking if an outside vendor has to have a business license to participate in market days. Vice Mayor Surra commented i t is confusing as i t states that an outside vendor requires a license,but further down i t states that an outside vendor does not include individuals selling meat,poultry,dairy,seafood and other perishable products,frozen or otherwise.She commented i t leads one to believe the people selling those products are not outside vendors and they would not then require a license. They are actually to be excluded from participating and i t does not state that. Mayor Coleman asked if it would be worded better if they said outside vendors are not permitted to sell meat, poultry,dairy,seafood or other perishable products. Vice Mayor Surra commented that even inside vendors are not allowed to sell those products. City Clerk Kathleen Connelly stated the first sentence appears to restrict it to someone who is not a resident of the park.Someone who is a resident of the park could sell those products. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 8 OF 23 Vice Mayor Surra commented it was not their intent for park residents to be able to sell those products.No one was to be able to sell those.I t is a health and safety issue. Senior Planner Rudy Esquivias stated they could add some language. Councilmember Eck asked what i t means when i t states an outside vendor does not include someone who sells meat,poultry,dairy food products,but does include one that sells fruits and vegetables. Vice Mayor Surra commented they had agreed that fruits and vegetables could be sold. Councilmember Eck commented but i t states that an outside vendor does not include an individual selling. Vice Mayor Surra commented that is what is confusing about the language. Senior Planner Rudy Esquivias suggested they amend it to an outside vendor does not include and would prohibit an individual from selling meat,poultry,dairy,seafood or other perishable products.That would allow one that sells fruits and vegetables. Vice Mayor Surra commented that does not make i t any clearer.The council understands what was meant,but someone else reading this may not.There should be one sentence that says selling meat,poultry,dairy,seafood and other perishable products,frozen or otherwise,and excluding fruits and vegetables,is prohibited. they could add that sentence. have to say outside vendor. She asked for the city attorney's opinion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 9 OF 23 Senior Planner Rudy Esquivias stated Councilmember Eck asked i f it would Vice Mayor Surra stated i t does not. City Attorney Joel Stern stated i t would be council preference on how they wanted the language to read.I t is dependent on what they want to exclude. Vice Mayor Surra stated they just want a better understanding for the person who is going to apply for these permits.This will help the parks enforce what can and cannot be sold. Mayor Coleman commented he believes the vice mayor's wording will correct the problem. Councilmember Eck asked if the city attorney creates all the intent clauses with the ordinances. City Attorney Joel Stern stated they typically they do and there was a direction to staff on this about three years ago. Councilmember Eck commented there would then be an intent clause that would explain this. City Attorney Joel Stern stated he would have to rewrite the ordinance to include one.He would need some time to phrase i t properly.The ordinance would have to be brought back to do so. However,the language suggested would be fine. Vice Mayor Surra commented she disagrees stopping with any media advertisements.These are closed sales for residents of the park only,but she knows that is not what is happening.She is concerned on how the city would enforce that. Councilmember Durbala stated that is not in the ordinance:i t is in the stipulation for the one conditional use permit. Vice Mayor Surra commented she believed the first three items were the only ones regarding that particular conditional use permit,and this is number six.She asked if six was a stipulation for any conditional use permit but not necessarily a part of the ordinance. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 10 OF 23 Senior Planner Rudy Esquivias stated the informational item given for the approval of the Rock Shadows conditional use permit are specific to the approval of the Rock Shadows permit.The commission wanted to make certain things very clear.They may or may not appear in any other conditional use permit.These same conditions may be used for Lost Dutchman later this month or they may not. Vice Mayor Surra commented outside vendors is in the ordinance. Senior Planner Rudy Esquivias stated that is for the conditional use permit that was approved only for Rock Shadows. Vice Mayor Surra commented she thought they were going to be doing this in the ordinance itself to determine what it would be,not only be in the conditional use permit and only for one park.If so,then that park should not have number six.She asked if they were considering this specific conditional use permit. Senior Planner Rudy Esquivias stated they are not.The council is considering the ordinance. Vice Mayor Surra stated condition G of the conditional use permit is in the city code. Senior Planner Rudy Esquivias stated that is what is proposed to be in the city code. Vice Mayor Surra commented if that is in there,than part of the city code also talks about signage.That section does not allow number six either,and that is the other issue she has in the city code dealing with market days. Senior Planner Rudy Esquivias stated the parks are allowed two signs,and those signs must advertise the park. They are not allowed to have banners,a -frames,or any other type of signage. The commission wanted that made clear so they added condition five.They then went beyond that to stop media advertisements on bulletin boards and in the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 11 OF 23 newspapers.These are events for that specific community,not the public at large. Vice Mayor Surra commented she will have to address this at another session as she disagrees on how they are looking at market days. Councilmember Durbala commented these stipulations are in the conditional use permit already approved by the planning and zoning commission.The council is voting on the ordinance that is defining what an outside vendor is. Senior Planner Rudy Esquivias stated someone can still appeal the conditional use permit decision. Councilmember Durbala commented the commission is intending to be consistent with all the parks so the stipulations may go on all the conditional use permits. Vice Mayor Surra commented they are not done drafting the changes in this ordinance. City Clerk Kathleen Connelly stated if there are going to be some changes to the wording of outside vendor,then the introduction,whereases and legislative intent must match that. Mayor Coleman opened the public hearing on the item. Mrs.Mary R.Bailey,3710 S. Goldfield Rd.#953,Apache Junction,addressed the council.She is one of the coordinators of market days at Golden Vista Resort and is one of the vendors. She does not agree with someone being determined a commercial vendor if they sell handcrafted items at parks other than the one that they reside in.She gave an example of a typical crafter that this would harm.She does not agree with the ban on external advertising as yard and garage sales are allowed to have signs.She would also like to see them allowed to advertise in the newspapers.The people who come in from outside to attend the market days also ask where they can go for meals,entertainment and other shopping in the city.She heard some are concerned about double taxation,wherein the crafter REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 12 OF 23 pays sales tax on the supplies used to make the item,and then has to pay sales tax when the completed item is sold.A crafter is supposed to be allowed an exemption from sales tax at the time supplies are purchased,so there is no double taxation.The revenue the park receives goes to pay for some of their events sponsored by the activity department.She does not believe that imposing more restrictions on market days is improving the quality of life in the city.She commented on how much tax she pays during the six months she is here,and if that is multiplied by the number of winter visitors in the parks,she declared the city would miss their business.She urged the council to attract businesses which would appeal to the winter visitors rather than alienate the winter visitors.She urged the council to consider all the alternatives before making a decision. Mr.Dan Austin,1353 S.Valley Drive,Apache Junction,addressed the council.He commented this has been worked on for the past four to five months and has included a task force from the various parks providing recommendations.Those recommendations have been followed.He is concerned that this will have no end.He is pleased market days will continue.He urged the council to vote on the issue and put it to rest. Mr.Henri de la Barre,1000 S.Idaho Road #612,Apache Junction,addressed the council.He is a crafter,making silversmithing items to sell at market days for 14 years.He also goes into Mesa.He is concerned that park residents going to other city mobile home parks to sell their crafts are now considered outside vendors requiring a vendor's license and a sales tax privilege license.He agrees with the sales tax license,but not the vendor's license.He does not think parks should need conditional use permits if only park residents are selling their crafts. However,if only park residents are selling,i t does not make for an interesting sale,as there may be only 20 tables.His park has approximately 80 tables twice a month.They allow other crafters from the area to sell their wares,and they have to have a sales tax license.He believes i t is excessive to pay $45 for a vendor's license plus $10 for each park they enter if they are crafters.He agrees with i t if it involves commercial people. There should be something addressing this for crafters.He would not like to see rules that are difficult to live by;it may have to be policed better.He suggested that the coordinators of the sales should provide a list to the city showing the people coming from outside the park and designating if they have a sales tax license. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 13 OF 23 Councilmember Eck asked how it is different in Mesa. Mr.Henri de la Barre stated Mesa collects its own sales tax and issues their own permits.I t is $25 for perpetuity and he turns in his sales tax every month.That allows him to go in any park in Mesa,and it may not be restricted to parks. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He reminded the council he had called this anti- capitalist at the beginning of this issue and he still feels that way.He commented he would refer this because i t has taken too long but he has too many referendums and court battles with the city.He stated council members had run for office claiming they were business oriented,and they are now trying to legislate every contingency.No one has been injured or died;that is what insurance is for.He urged them to let the parks advertise,have their market days and their social event,but have them get bonded and insured.He urged the council to move on. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He agreed that frozen foods should not be sold,but i t appears the prohibition enters into the definition for outside vendors.He suggested amending it to make i t separate from the definition.He commented he believes the sales tax issue falls under the definition of casual sales in the Model Tax Code.This item relates to the city tax code and since he believes these are not city tax code changes he is concerned the council may get into trouble trying to change them as it was not agendized as Model Tax Code changes. City Clerk Kathleen Connelly stated she had checked with the city's tax and licensing auditor who had previously been employed with the Arizona Department of Revenue and he determined these types of sales would not be considered casual sales.Once someone makes a conscious effort to go elsewhere and conduct their business,they are no longer casual sales. City Attorney Joel Stern commented this is also not an intent to change the tax code. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 14 OF 23 Ms.Mary Bailey commented they have a line on their applications for the Arizona sales tax license number. Everyone selling anything at their market days has to have an Arizona sales tax license number.Anyone that brings in a product in an unaltered state is considered a commercial vendor and they do not sell in their park without an Apache Junction city license.They have monitored that for the past three years very closely. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Durbala MOVED TO POSTPONE THIS INDEFINITELY,WHICH IN EFFECT SAYS THAT IT WOULD GO BACK TO THE ORDINANCE OF 1991 ON ITEM NUMBER 10. Councilmember Insalaco SECONDED THE MOTION. Councilmember Eck asked for a definition of that motion from the city attorney. City Attorney Joel Stern stated a motion to postpone indefinitely kills any action on the item until another councilmember wants to put it on the agenda.To reconsider this motion a motion for reconsideration should be made at the next council meeting if this passes. City Clerk Kathleen Connelly stated if this is done for item number 11 there is something she will need to clarify beforehand. Councilmember Eck commented this basically means everything stays the same and all the discussions that have taken place with council,staff,and the public did nothing. City Clerk Joel Stern the current law would stay in place. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 15 OF 23 Councilmember Eck commented the more they discussed it,the more i t stayed the same. There was general discussion as to whether further comments could be given now that a motion had been made.I t was determined a discussion could ensue since the motion had been seconded. Councilmember Eck commented he likes the way Mesa handles market days,but he does not want to do anything now. Councilmember Insalaco agreed that this had taken too much time.Staff bent over backwards trying to help out the council but i t seems we are spinning are wheels.He agreed that this needs to be finished so that they can go on with other business in the city. Vice Mayor Surra commented there are some misconceptions on what the original ordinance says.She believes they need clarification on it to make sure everyone is still comfortable with it. There was discussion as to whether the current ordinance should be discussed at this time or just the motion. Senior Planner Rudy Esquivias stated the old code states,among other things permitted by conditional use permits, to permit within mobile home and travel trailer parks the retail sales of goods and services by park tenants and outside vendors one day a week with the following provisions:(a)the park must have a minimum of four developed acres;(b)handcrafted items at patio sales be exempt from vendor license requirements;(c)the park have a recreation hall,including the surrounding area,large enough to accommodate the event;(d)the conditional use permit be renewed every four years;(e)the hours of operation shall be 8 AM to 5 PM; and (f)all other provisions of this section and other applicable laws be met. there is also a 20 day appeal period. City Attorney Joel Stern commented Mayor Coleman closed the discussion. VOTE:6-1 (Vice Mayor Surra voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 16 OF 23 (Councilmember Urich stated she wanted i t noted as part of her vote that this is exactly what she tried to do two months ago.) The motion carried. Councilmember Durbala MOVED THAT ITEM NUMBER 11,THE PROPOSED ORDINANCE NO.1150 AMENDING THE APACHE JUNCTION MOBILE CITY CODE.CHAPTER 8 BUSINESS,ARTICLE 8-9 SALES WITHIN MOBILE HOME PARKS,RV PARKS AND MOBILE HOME SUBDIVISIONS BE POSTPONED INDEFINITELY. Councilmember Insalaco SECONDED THE MOTION. Councilmember Durbala asked the city clerk what information she had wanted to give them. City Clerk Kathleen Connelly stated if they go back to the old ordinance,park residents selling crafts at their own park during market days will not need a city business license but they will need a sales tax license.The park activity directors have been very diligent in doing that.Park residents selling handcrafted items who go to another market days activity need both the city business license and a sales tax license.Outside vendors need both,whatever they are selling.The reference to sister parks was removed in 1990-91.Originally in 1982 there were sister parks and those were parks such as Lost Dutchman and Tower Point in Mesa;they were under single ownership.Sister parks never included all parks within the corporate limit of Apache Junction.I t is a misconception that has been out there for a number of years.That interpretation needs to be corrected. VOTE:6-1 (Vice Mayor Surra voted in opposition.) The motion carried. Mayor Coleman called for at ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 17 OF 23 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS PRESENTATION,DISCUSSION AND DIRECTION TO STAFF ON CITY'S LEGISLATIVE CONCERNS, INCLUDING BUT NOT LIMITED TO,RESOLUTION ON EMISSIONS CONTROL INSPECTION STATION ) )Mayor Coleman stated they had a discussion on this last night with Mr.Williams. City Manager Curtis Shook briefed the council on the item.Once a year Mr.Williams would like a legislative agenda of items that he will work on specifically for the city.He requested council give direction on what they would like to have pursued. Councilmember Durbala commented he would like to see a letter writing campaign from the citizens regarding the emissions control station.He would like to see it on the cable system or in the Citizen.The citizens need to bombard the legislators for the next two weeks on this.He understood that Representatives Jake Flake and Pete Rios might be submitting legislation on this.He requested all councilmembers write the nine legislators for this community.I t is a 20 plus mile trip for most vehicles and i t amounts to 75,000 vehicles annually.This is costly in gas and causes additional pollution.He would also like everyone to write their legislators regarding bill 1161 which would allow cities and school districts to have the school development fees.Another item would be the change in elections where all city,fire district,school district issues would be at the same time as the national elections.This could be a hindrance as people vote in different booths for county elections than for REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 18 OF 23 city elections and they may have to go to two different locations to vote.I t could be very confusing.He hopes the city can get an emissions control station,however,Arizona Department of Environmental Quality is saying i t is up to the contractor,the contractor is saying i t is up to Arizona Department of Environmental Quality.If there was a mass letter writing campaign from the community it may be effective.He suggested the newspapers do a sample letter developed by the city that citizens would then be able to send in. This also affects Queen Creek and Gold Canyon,and there has been discussion where all of Pinal County may be included in the containment area. Councilmember Eck commented he would concentrate on the primary goal of getting the emissions testing station here rather than going beyond that and saying why the testing is so bad.We need to prioritize the location.He is afraid of losing them by getting into too many details as far as things against emissions testing. Councilmember Durbala MOVED THAT DIRECTION TO STAFF IS THAT STAFF GET A LETTER ALL SET UP SO THAT IF ANY OF US WANTED TO SIGN IT AND SEND IT OFF,OR WE CAN WRITE OUR OWN,BUT I WOULD LIKE TO SEE THE MAYOR,ON BEHALF OF THE COUNCIL,SEND A LETTER TO ALL OF THOSE NINE LEGISLATORS THAT ARE IN OUR DISTRICT TO MAKE SURE THEY ARE WELL AWARE OF THAT. City Clerk Kathleen Connelly commented Councilmember Durbala referenced HB 2096 which is the candidate consolidation on elections.The Goodyear city clerk is very concerned as they already have the mandatory consolidation of election dates.They had to put a city bond issue on last November's ballot:because of the statutory requirements,their ballot issue was the last issue on the ballot.As a result,a lot of people missed the issue. Councilmember Durbala commented that is because i t is after the judges and other races that people tend to skip. City Clerk -Kathleen Connelly stated it appears to diminish the importance of local elections. Councilmember Durbala asked if he needed to make a motion to have her draft the letter and have the mayor sign it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 19 OF 23 City Clerk Kathleen Connelly asked if that is the one on the emissions. Councilmember Durbala stated that is correct. City Clerk Kathleen Connelly stated the mayor has already done one on HB 2096 and Cathy Connolly from the League stated there also will be a floor battle on HB 2096.She asked if he wanted to direct the lobbyist to pursue any of this. Councilmember Durbala MOVED THAT THE LOBBYIST PURSUE ALL OF THOSE,ESPECIALLY THE 1161 AND THEN ALSO THE EMISSIONS. City Manager Curtis Shook commented they are being directed to have the lobbyist spend time on the local issues of emissions stations,school fees and elections under HB 2096 and that he is to continue to track other municipal issues. Councilmember Durbala stated as well as having a letter sent to the nine legislators in the City of Apache Junction districts strongly urging them to vote for the emissions;a specific letter for that to be signed by the mayor. Mayor Coleman ADDED ANYTHING THAT PREEMPTS OUR LOCAL AUTHORITY OR OUR ABILITY TO COLLECT REVENUES,STATE -SHARED REVENUES,ANY ATTACK ON THAT,I'M SURE THAT HE KNOWS THAT WE ARE INTERESTED IN THOSE ISSUES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 6:00 P.M.BE HELD ON REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 20 OF 23 TUESDAY,FEBRUARY 20,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman stated there is a Crossroads Development Meeting next Tuesday night in the City Conference Center.He added American Legion Post #27 is hosting a veteran rehabilitation dinner and auction hosted by District 12 of the Legion.All monies raised will go to the district rehab fund for veteran projects.Dinner tickets are $7 and there will be additional raffles.I t is taking place on Saturday.February 10 at 6:00 p.m. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:41 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of December 12,2000. 3.Acceptance of Minutes of Regular Meeting of January 16,2001. 4.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Jay Reynolds;Keith Graves;Nick Blake;Robin Jones;Aaron McDonald;Jamie Zacher;"Trish"Pelletier;Jan Mason;Public Works employees. 5.Approval of Settlement Agreement of Steffy v.City of Apache Junction, Pinal County Superior Court No.CV000048253 in the amount of $6,250.00. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 21 OF 23 6.Award of Bid for Project PW 2001-01,a Truck -Mounted Highway Striper,to TMT-Pathway of Salem,Oregon,for the base bid and alternates 2,4 and 5 for a total amount of $157,720.00. 7.Request for approval to purchase fleet vehicles using the State of Arizona Purchasing Contract at a total cost of $35,653.80 with the breakdown as follows:One,Y2 ton pickup truck from Ed Moses Dodge for the Animal Control Division of the Public Safety Department at a price of $14,387.45: and one 4 -door Jeep Cherokee from Bill Luke Dodge for the Public Works Department at a price of $21,266.35.(These vendors have been approved by the State of Arizona Procurement Office through its competitive bid process.) ACCEPTED THIS 20TH DAY OF FEBRUARY 2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF FEBRUARY 2001. DOUGLAS COLEMAN Mayor ATTEST: Zzet_L-€ KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 22 OF 23 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 6th day of February,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of February,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,2001 PAGE 23 OF 23