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HomeMy WebLinkAbout2000-03-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 7,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 7,2000,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Urich led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Insalaco Councilmember Urich Staff Present: (Councilmember Eck was absent due to illness.) City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Development Services Director Glen Van Nimwegen Others Present:Captain Dan Scott REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 1 OF 23 Patrol Officer John Pinson Housing & Grants Coordinator John Petroff Economic Development Specialist Kerry Lyman ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM NUMBER 4. I WOULD LIKE TO REMOVE ITEM NUMBER 4 AND PLACE IT UNDER NEW BUSINESS,AS THE FIRST ITEM UNDER NEW BUSINESS;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS SUPERVISOR KEITH GRAVES;THE PUBLIC WORKS DEPARTMENT AND BUILDING INSPECTOR JIM RICKER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. 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.He requested that city council meeting tapes be kept indefinitely instead of the current three years.He urged the council not to make a firm date on the capital facilities election due -to possible litigation on that issue:he suggested they wait until the next meeting.He .then read an article from the Chicago Tribune regarding new housing that is transit -oriented.He stated that their big selling point is commuter rail,and this is an example of why the council should start thinking about commuter rail. Mr.Tom Schuelke,1889S.Palo Verde,Apache Junction,addressed the council. He urged the council to say no to the waiver or reduction of permit development fees for the construction of the new Chamber of Commerce building. Churches are required to pay these fees,and he finds i t appalling that the REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 2 OF 23 Chamber would seek to be exempt from fees that religious groups have to pay. The Chamber has already benefitted from the council's largesse and i t is time to set limits and avoid setting a potentially costly precedent.He suggested the Chamber withdraw this request.He is also concerned about the city expanding the community development department as there is little the city can do by itself to attract new business.Business follows population growth. Incremental revenues from city development activities are unlikely to cover the expanding department costs.He urged the council to insist on an economic analysis of the effort before proceeding with it,and to consider the wishes of the people in the city who do not desire faster growth.The council may be creating the need for the tax revenue growth i t seeks due to its unwise spending.He finished by again urging the council to allow for a project by project vote on the capital facilities plan,and urged a forum or agenda item at a future meeting for discussion of the vote format. CITY MANAGER'S REPORT City Manager Curtis Shook stated staff hand -delivered a letter to the Bureau of Land Management yesterday regarding the 200 acres of land under their jurisdiction at Silly Mountain.The city is requesting a lease of that land. He commented the crossover study regarding Apache Trail street design and landscaping has begun.Traffic counts have been obtained during the peak winter season.The city has received a preliminary draft report from David Evans & Associates and staff met with them on March 2 to discuss the findings. The finalized report will be brought back to the council when it becomes available.He asked Glen Van Nimwegen to brief the council on the status of the census.The surveys should be out in the next few weeks and enumerators will be going around as of April 1. Development Services Director Glen Van Nimwegen stated Apache Junction is in a mail out/mail back area.Staff had put together a comprehensive address list last year.About a month ago they received a response from the Census Bureau stating which addresses they agreed with and which they disputed.After researching the response,it was determined there were about 156 addresses that they are not sure of.Staff went out and physically located all but four of the addresses.The next phase is the new construction program which allows them to add all the new homes being constructed or moved onto properties since that address list was composed:that added another 416 units.Staff estimates there are 24,750 units that will be counted in the 2000 census.The mail out REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 3 OF 23 will be starting tomorrow.They are hiring enumerators at this time,and Shirley Dewey is giving them the training.Staff will be meeting with her tomorrow to point out the areas they believe will be confusing,especially the parks.Some people live here more than six months,but they feel another state is their home.Flyers will be sent asking these people to make Apache Junction their home.The Census Bureau will be sending out enumerators to those addresses they do not receive a response from.They will go out from April 27 through July 7.He commented there were only 12,500 units in 1990. City Manager Curtis Shook stated the direction to staff table will be on the next agenda for presentation and discussion.It will be on the March 20 work session. PUBLIC HEARINGS ACCEPTANCE OF GRANT MONIES )Captain Dan Scott briefed the council on this item.The grants are for $31,960 and $32,000.They are from the Department of Justice from the local law enforcement block grant.The money comes unsolicited.The money is available as long as the city has a public hearing and an advisory board made up from different members of the community.The first grant will pay for a dispatch assistant to sit at the front desk of the police department;this person will also coordinate the new alarm ordinance.The first grant covers the time period from date of hire to October;the second grant will take over from October and go for at least another year for the same position. Councilmember Dietz asked if this position frees up another officer for the road. Captain Dan Scott stated it does; the officer is already back on the street and they are trying to backfill that position. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item for council discussion.There being no further discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 4 OF 23 Councilmember Urich MOVED THAT RESOLUTION NO.99-56,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 LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURPOSE OF LOCAL LAW ENFORCEMENT STRATEGIES TO ACHIEVE SAFE COMMUNITIES,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT RESOLUTION NO.99-58,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 LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURPOSE OF LOCAL LAW ENFORCEMENT STRATEGIES TO ACHIEVE SAFE COMMUNITIES,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. PROPOSED RESOLUTION NO.00-06/NOTICE OF SPECIAL ELECTION )City Attorney Joel Stern briefed the council on this item.His office had reviewed whether or not a ballot question should be given to the voters which considers indebting the city for capital facilities.Based on their review,they believe a court of competent jurisdiction could rule that such a question to the voters would be held REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 5 OF 23 invalid;that i t should never have been brought to the voters.His staff advises that this should not be done in that fashion.There may be other ways to do this,including sending this to certain people in the community that council feels are appropriate.Council's original intent was to find out how the people would feel about it.This would be an advisory opinion and it could be done if it was not done through the election process.It would be a legal way to do it.There are two other attorneys in the audience at his invitation to give further legal advice if desired;one is Bond Counsel Michael Cafiso and the other is William E.Farrell.They have basically come to the same conclusion. City Manager Curtis Shook stated that in framing the language for the bond election the bond counsel noted that use of the sales tax might cause an election to be considered advisory and challengeable.The council does not wish to expose the city to any kind of legal action,especially in the litigative environment.The capital facilities plan was designed from a citizens'survey,the town hall,Focused Future and the master plan,and it has always been a community plan.A vote was anticipated as its final acceptance.Under legal advice,the process of having a formal election might be discarded.He believes i t is still council's intention to hold some kind of formal poll on the May 16 date.He suggested they work with the bond counsel to determine the most appropriate way to do that. Vice Mayor Surra asked the city attorney if the state is saying to go ahead with the capital facilities plan and the funding of it without voter approval since i t is not the city's right to hold that kind of election. City Attorney Joel Stern deferred to Bill Farrell on this question. Special Counsel Bill Farrell commented Michael Cafiso is the city's bond attorney,and there are only a limited number of attorneys in the state who can actually write bond opinions. Mr.Farrell is not one of them,but he has been advising the council for a number of years.Technically,the council has vested in it the authority to increase the sales tax,and the council has the authority to form,operate and fund a capital improvement program.The state has said to the council that REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 6 OF 23 they may not use the public funds for an advisory ballot question.However, there can be public participation,there can be surveys,there can be profiles,and there can be advisory groups that can assist in making that decision.There cannot be a formal election.If the council wishes to encumber the property,the ad velorum property tax,then the voters should be sought for their written approval at an election.If the council wishes to pledge a revenue source from a utility to pay off the debt,it would have to be brought to the voters for their opinion.The use of the sales tax is vested in the council's authority.As unpopular as that decision might be for the council,the majority of the citizens have put its members there and have asked them to exercise that decision for them. Mayor Coleman commented he is saying that the city cannot have a formal election.I t is not an option. Special Counsel Bill Farrell stated that is correct.He cited a City of Scottsdale election which attempted to ask the voters how they should possibly solve a problem on 64th Street.They were sued and the court indicated in a written opinion that general law cities and towns do not have the inherent or implied power to have an advisory election and expend public money for an advisory election.In other parts of the country there may be other cities that have a number of issues on the ballot that appear to be advisory,but each state has its own set of laws. Mayor Coleman commented i t is interesting to him because he would think the state would normally want them to put this in front of the voters. Special Counsel Bill Farrell stated there were a few parts of the early constitution that recognized that this is where the "rubber meets the road".Elected officials in a local community are best able to determine what those local needs are. Mayor Coleman commented he hoped they would remember that on other issues. Special Counsel Bill Farrell repeated because the majority did place all seven of them there,they are entrusted with that authority.He deferred to Michael Cafiso to give his REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 7 OF 23 comments as he would be the person who would issue a written opinion on any bonds that would be sold.He commented that he,himself,is not a bond attorney and he could not write a legal opinion that would be included in the bond issue. Councilmember Durbala asked if he would explain the difference between a formal election and an advisory election. Special Counsel Bill Farrell stated the federal government decided a number of years ago that all elections shall be subject not only to whatever state restrictions may exist,but also federal restrictions under the Federal Voters Rights Act.One of the first things that the city clerk is required to do each year is to pre -clear,through the Justice Department,an election.The State of Arizona is considered a bilingual state;all formal material in connection with an election has to be printed in both English and Spanish.The state legislature allows only four election dates a year;one in March,one in May,one in September and one in November.In order to qualify,there must be either a candidate or a legitimate election issue such as general obligation bonds or revenue bonds from a utility.Public funds cannot be expended for a formal election under the law except for those powers that you have been told that you must have voter approval.Although you can,and all cities and towns do,conduct surveys,sponsor town halls,have open discussion groups,focus groups,form groups and involve citizens in planning committees and advisory committees, these would be considered legal expenditures of public funds.The city cannot go for a non -advisory ballot,which would say regardless of the outcome,the council would not be bound by that election.The city cannot have the formality of an election,use public funds,and not be bound by the results of the election. City Attorney Joel Stern commented if council should decide not to go with the election tonight,he would ask that they direct staff to figure out how the advisory opinion from a certain amount of people,a certain body of people,or a certain class of people, would be worked out.Staff could do that and bring it back to them. Mayor Coleman asked Mr.Cafiso to address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 8 OF 23 Bond Counsel Michael Cafiso commented he would invite Mr.Farrell to be an honorary bond lawyer.He articulated the issue very well and he did not think he could add much more that would be of interest.He agreed with what had been said and he thinks i t is appropriate. Mayor Coleman called for any questions or discussion from the council.There being no discussion,he called for a motion. Vice Mayor Surra commented i t has been the council's intent to seek some kind of input to finalize the process. She MOVED,BASED ON THESE OPINIONS AND RECOMMENDATIONS OF LEGAL COUNSEL,THAT WE GIVE DIRECTION TO STAFF TO COME BACK AT THE NEXT REGULARLY SCHEDULED MEETING WITH SOME ALTERNATIVE METHOD FOR US TO BE ABLE TO GATHER THAT KIND OF DATA THAT WE WOULD LIKE BEFORE WE MAKE OUR FINAL DECISION.She added she was aware that i t rests on the council's shoulders to do that.She asked if it would be possible for staff to make that deadline. City Manager Curtis Shook stated they would make it priority number one.It will be brought back at the next meeting. Vice Mayor Surra stated she would like that direction to stand and continued her motion with IF STAFF FEELS IT NEEDS TO GO ON A WORK SESSION PRIOR,PLEASE ADD IT TO THAT AGENDA ALSO SO THAT WE MAY HAVE THE OPPORTUNITY FOR FURTHER DISCUSSION,IF NECESSARY.BRING US BACK SOMETHING WITH SOME ALTERNATIVE OPTIONS THAT WE MIGHT BE ABLE TO PURSUE IN ORDER TO GATHER THAT DATA. Councilmember Urich SECONDED THE MOTION. City Clerk Kathleen Connelly asked if they were choosing not to act on the resolution now. Vice Mayor Surra stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 9 OF 23 City Clerk Kathleen Connelly stated she wanted to have that on the record. Vice Mayor Surra stated that would be part of this motion,THAT WE WOULD SET ASIDE THIS ACTION TONIGHT AND GO FOR THE DIRECTION TO STAFF INSTEAD. VOTE:Unanimous. The motion carried. CONSIDERATION AND POSSIBLE APPROVAL OF AN ECONOMIC DEVELOPMENT ACTION PLAN FOR THE 60 FREEWAY CORRIDOR )Economic Development Specialist Kerry Lyman briefed the council on the item.The action plan was previously discussed at the February 14 work session.The first priority will be privatization of state land,currently scheduled for auction this summer,in the 60 freeway corridor.The second priority will be implementation of a master plan on that privatized state land.This should instill market confidence in other property owners and investors,and will bring in spin-off development.The purpose is for economic development,yet still preserve the rural lifestyle currently being enjoyed.The more intense development will be channeled to the newly privatized state land.In addition,it will assist in creating a year round sales tax base for the city.The third priority is to develop a data base of privately held land in the 60 freeway corridor;this has already been completed.The fourth priority is several marketing strategies;staff advocates hiring a consultant to perform a market study.A general market study was done in October 1997 targeted to retail sales;the new market study would target specific uses such as a home improvement center or a big box retailer.This would give the city the information on the sales potential there is in the area which is needed when staff attempts to recruit these retailers.It would also validate the claims that staff has that retail uses by the 60 freeway corridor would capture a larger market share in addition to our own local community.This could include Gold Canyon,Globe, Superior,Florence;someone from outside the city is needed to say that for us.The city does not have much credit with national retailers.The second aspect of the marketing study would be to purchase a demographic profile of the market area,including the outlying communities;staff has already REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 10 OF 23 completed this project at a cost of $79.The data is from 1999;they should have current data in March or April.He urged that this be done again in order to update it to this year's estimates.Historical data needed to be gathered on traffic counts and building permit activity as i t is vital to the retailers;this has also been accomplished.Staff proposed to prepare an eight page marketing brochure and a six minute marketing video to send to national retailers.The city will need to share the marketing data and materials with developers to assist them with their marketing efforts;these materials should also be sent to targeted retailers.Available sites for retail development should be listed on the International Council of Shopping Centers web site,and that web site is also checked weekly for "space wanted" ads from retailers looking for a site.The organization has a convention in May in Las Vegas;he urged staff to attend the "leasing mall"held in conjunction with the convention.National retailers,shopping center owners and managers converge and negotiate deals there.He advocates sending staff to this convention once the web site is marketable.The fifth priority on the action plan is to hire a consultant to prepare a specific plan to govern development south of Southern Avenue,and to investigate freeway landscaping to enhance first impressions.Excluding the cost of freeway landscaping,the costs incurred by this action plan would come to $82,629.However,i t could be $18,000 to $19,000 less as he had estimated hiring a consultant to print up the marketing brochure and prepare the marketing video.Management Information Services is recruiting for a staff member at this time that could perform this function.Also,if there is adequate time,staff could prepare the specific plan and save the city another $25,000.He believes he could put the plan together,and the implementation costs could be less than $50,000. He is asking for concept approval this evening which would direct staff to move in this direction.Staff will come back at a later time with specific items that have significant costs. Vice Mayor Surra asked if some of these items had already been budgeted for. City Manager Curtis Shook stated they can probably get going with the first task with what has been budgeted for this year.They can anticipate in next year's budget some of the other items. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 11 OF 23 Economic Development Specialist Kerry Lyman commented he had checked with Keith in Finance and he was advised there is $25,000 available for the market study. City Manager Curtis Shook stated they would like to proceed with that as it was anticipated in the budget. Additional things will come back to the council in the form of budget approval:the council will be asked to approve requests for proposals during next year's budget. Vice Mayor Surra complimented Kerry Lyman for a nice,concise report. Councilmember Durbala asked if they could use some of the contingency funds that had been set aside. City Manager Curtis Shook stated they could if need be.He believes the first item will occupy most of his time in addition to some of the recruitment efforts. Economic Development Specialist Kerry Lyman commented he believed the timing will come together perfectly.He has already started putting together the marketing materials,and if they proceed with the request for proposal for the market study and hire a consultant to get that done,he believes these things will converge at the same time.In the summer Earnhardt's should be breaking ground,the state land should be auctioned off,the marketing materials and study will be completed,and the city will be ready to go. Councilmember Durbala was concerned that the marketing study could run a little more than $25,000,or that the consultant to start preparing the land for the freeway area could run more. City Manager Curtis Shook stated they would probably seek to use the contingency funds in that case. Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 12 OF 23 Councilmember Durbala MOVED THAT THE ECONOMIC DEVELOPMENT ACTION PLAN FOR THE US 60 FREEWAY CORRIDOR AS SUMMARIZED IN THE ATTACHMENT,SUBJECT TO'BUDGET CONSIDERATIONS,AND REQUIRING THAT THE MARKET STUDY PREPARATION,THE MARKETING VIDEO AND PRINTING COSTS FOR A BROCHURE,AND THE CONSULTANT TO PREPARE A SPECIFIC PLAN FOR THE AREA BE BROUGHT BACK TO THE COUNCIL FOR INDIVIDUAL CONSIDERATION ONCE BIDS ARE SOUGHT AND RECEIVED,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION AMENDING HOUSING REHABILITATION GUIDELINES FOR HOME FY 2000 FUNDING AWARD )Housing and Grants Coordinator John Petroff briefed the council on this item.This is a grant for approximately $100,000 that has been reserved for the City of Apache Junction providing that we follow through on the recommendations from the state.Staff recommends that the city expand on the recommendations.They would like to see the plumbing codes,mechanical codes,fire codes and other items included. He commented that HOME does not give out emergency grants. Mayor Coleman called for any questions or discussion by the council.There being no discussion,he called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING AMENDING THE HOUSING REHABILITATION PROGRAM GUIDELINES:TO EXPAND AND UPDATE OUR GUIDELINES TO APPROPRIATE ALL LANGUAGE REFERRING TO SPECIFIC BUILDING CODES AS UNDERSTOOD BY HOME,AND AUTHORIZE THE MAYOR TO SIGN THE LETTER ACCEPTING THE GRANT AWARD FROM HOME IN THE AMOUNT OF $100,000. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 13 OF 23 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CHAMBER OF COMMERCE REQUEST TO WAIVE OR DECREASE PERMIT FEES AND DEVELOPMENT FEES FOR THE PROPOSED CHAMBER OF COMMERCE BUILDING ) )City Manager Curtis Shook briefed the council on this item.The Chamber has been working to build a new home along Apache Trail for several years.They are ready to move ahead.They have done some fund raising to build the type of building they need and keep i t in the Main Street design.It will be in the redevelopment district area. Their director,Mr.P.J.Patton,sent a letter to the city requesting a waiver of development and building fees.This is estimated at $4,800.The question is the concept;if the council agrees with the concept,they should direct staff to find an appropriate way,legally and otherwise,to bring this back to the council.If council does not approve of the concept,staff would go no further.At this point time there is no method to grant this request. Vice Mayor Surra asked if the council had the legal right to waive any fees to a Chamber of Commerce. City Attorney Joel Stern stated he has looked into this and he has found nothing in the city code that allows for that kind of waiver by the city manager or by the city council.He commented he would be willing to continue to research the issue.At this time it would be difficult to say how this could not be turned into a gift;i t needs to be of some kind of benefit to the city. Mayor Coleman asked him to explain the difference between what we are doing here and what was done for Earnhardt's. City Attorney Joel Stern stated Earnhardt's is a business that is going to generate sales tax that the city REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 14 OF 23 will get.The Chamber is a non-profit organization where there is no sales tax being generated whatsoever.However,the Chamber's mission is to bring businesses into town;he is looking to see if that could be turned into some kind of economic development incentive.Earnhardt's was also a pre -annexation agreement,and that was part of the deal. Vice Mayor Surra asked how it would be measured if there were any way for the city to provide any kind of fee waiver based on value for dollars waived.She wanted to know if there would be a way for the Chamber to measure their impact on revenue sources. City Attorney Joel Stern commented that is part of his research.He suggested the Chamber might want to assist him in that venture. City Manager Curtis Shook stated he thought there might be a basis to look at this;it proposes to eliminate a storage area that is an image problem for the downtown area.It could turn it into a revenue -producing area.The question is whether this would be considered a gift or be something of economic value. Councilmember Durbala asked if it could be looked at not as actual dollars and cents brought into the city,but with the offshoots of the typical businesses that they try and work with to help increase their sales tax base by offering programs to them through training,plus the tourism industry that is being brought in.The Chamber tries to recruit additional businesses,working with both economic development departments and planning and zoning.He wanted to know if this would make them eligible under 501(C)(6). City Attorney Joel Stern stated part of that relates to services that the Chamber currently provides which the city pays for. Councilmember Durbala stated the city only pays for the office of tourism.The city does not pay for the training they give to different businesses to help them increase their productivity.He believes it would be important for the city to look at i t REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 15 OF 23 from that point.He wondered if this could be construed as part of their budget for next year. City Attorney Joel Stern stated that could be a possibility.He would have to meet with the Chamber on that. Councilmember Durbala commented the best recommendation might be for the council to request that the city attorney go back and research other ways,including taking into consideration the sales tax revenues brought in through their potential training of businesses. City Attorney Joel Stern stated that is assuming it is trackable. Councilmember Durbala commented some of those things are not as trackable as straight dollars and cents.They may show dollars rising in certain areas after they have given training.They would have to go into people's private records,and not all people will want that. Vice Mayor Surra commented if any kind of deal is struck to waive development fees or other building permit fees for an organization that fits the profile of many other organizations within the city,a precedence would be set for every other organization that has a similar profile and that wants to expand or build here.She does not want to set that kind of precedent;she is concerned about going forward and finding a method to do that.It would have to be extended to any other person who would come in with a like business.She is against waiving fees for that.The Chamber does not fall under the same category as a government entity or qualify for an intergovernmental agreement as is done with other programs. The city has asked for development fees to be fair in this community,to be fair they have to be fairly applied to all buildings. Councilmember Durbala commented they also have the option to come back in front of the council and request a waiver of those fees. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 16 OF 23 Vice Mayor Surra commented she does not want to sit in judgment every time someone decides they do not want to pay that development fee. Councilmember Durbala commented he thinks they need to count the development that they bring in. Vice Mayor Surra commented she has never seen proof that the Chamber of Commerce has that great an effect on this community.Until she -does,she will not support the,waiver of fees. Councilmember Durbala commented they also need to look at where they have been located. Vice Mayor Surra commented that is not her problem.She is looking at what has happened up to now. Councilmember Durbala commented that needs to be taken into consideration.They will have their own building and will be in the heart of the downtown business area. Vice Mayor Surra commented a lot of businesses could say that.If they were given a waiver,they could put up a better building and generate a lot more money.Everyone could make that same case.She could not support this. Councilmember Durbala commented i f one goes to smaller cities like ours and they support their chamber openly, they seem to bring in a lot more tax dollars and more businesses. Vice Mayor Surra commented the city has supported the Chamber in every legal way the city can. Councilmember Durbala commented he wanted to see if there was a way they could help them with this. Councilmember Urich agreed with the vice mayor.The city has given them a generous donation with the low rental they are being charged.She cannot see setting a precedent. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 17 OF 23 Vice Mayor Surra commented she does not believe the council has expended excessive largesse,but she believes they have assisted to come up with the costs for the building in every legal method possible. Councilmember Durbala requested to make a motion.He MOVED THAT STAFF BE -GIVEN THE FOLLOWING DIRECTION REGARDING THE CHAMBER OF COMMERCE REQUEST TO WAIVE OR DECREASE PERMIT AND DEVELOPMENT FEES FOR THE PROPOSED CHAMBER OF COMMERCE BUILDING:, THAT WE SEND THIS BACK TO STAFF AND ASK STAFF TO COME BACK WITH IF THERE IS ANY LEGAL WAY THAT WE CAN DO THIS. Councilmember Insalaco SECONDED THE MOTION. VOTE:4-2 (Vice Mayor Surra and Councilmember Urich voted in opposition.) The motion carried. THE TEMPORARY USE OF A MANUFACTURED HOME WHILE A CONVENTIONAL HOME IS BEING CONSTRUCTED ON THE SAME LOT )Development Services Director Glen Van Nimwegen briefed the council on this item.Councilmember Eck brought this to the attention of staff last November.The goal is to increase more conventionally constructed homes in some of the areas where there are 1.25 acre lots.He wanted someone to be able to retain their manufactured home on site while they are constructing a conventional home.Currently there is a zoning violation there.Staff researched the issue.At this time recreational vehicles are allowed while building a house,but that is only allowed for 90 days.The zoning administrator can extend that time period. There was one occasion where someone did not finish their house,did not remove the recreational vehicle,and it was brought before the Board of Adjustment.He suggested amending the section in the code to allow the use of a manufactured home for 90 days while a house is being constructed.He also recommended going back to the Board of Adjustment and making this unappealable.This would prevent someone appealing staff's decision and having it go on forever.The concern is that this is against the allowed uses in those districts and it would require a public notice and notification of REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 18 OF 23 everyone that owns a GR 143 property that the usage of this property is being changed.It will be an expensive,time-consuming process.Another alternative is for this to be administratively interpreted as the manufactured home being a recreational vehicle or trailer.However,those are defined very clearly so that cannot be done at this time.A third option is to look at i f there is actually two homes on the lot since no certificate of occupancy has been given to the new one.There would not be a violation there.A certificate of occupancy is not issued for a single family residence.A clearance is called in for the electricity and Salt River Project gives them power.This is the last action with a new home.They could make i t a condition of the permit that the existing home has to go before the city gives the clearance for electricity to the new home.Staff recommends drafting a housekeeping portion to the section of the zoning ordinance that has to do with general provisions or exceptions to lay out that this is for acre lots or 1.25 acre areas,or they could add something to the city code building section regarding staging of occupancy.This could not then be appealed to the Board of Adjustment because they would be appealing a use;they cannot have two houses on their acre.The disadvantage would be if the applicant runs out of money and the house is never completed,they do not technically have two homes on the property but they have created the bulk of the two homes. Councilmember Dietz commented they would be more likely to run out of money if they had to go out and buy a recreational vehicle in addition to storing all their furniture and belongings,plus pay for moving the trailer off the property. Councilmember Durbala suggested putting in a time frame within which the manufactured home must be removed. Councilmember Dietz commented he liked the no power idea. Councilmember Insalaco agreed;make a stipulation that i t has to be gone before the power is turned on. Development Services Director Glen Van Nimwegen stated if they do not remove it the city would be looking at an injunction. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 19 OF 23 Councilmember Durbala commented he believed that most people that would be using this would probably be using it very effectively. Development Services Director Glen Van Nimwegen stated the other concern would be someone who would say that the other structure would make a great mother-in-law unit or a storage unit. There will have to be some checks and balances.Someone loaning money on construction may have real concerns about an existing unit.Both structures would also have to meet zoning setbacks. Councilmember Durbala commented it must then be at least 1.25 acres. Development Services Director Glen Van Nimwegen stated it would have to be. Councilmember Durbala asked if they could come back with everything if they were given a direction. Development Services Director Glen must then be at least 1.25 acres. Van Nimwegen stated it would have to be. Van Nimwegen stated they would. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE TEMPORARY USE OF A MANUFACTURED HOME WHILE A CONVENTIONAL HOME IS BEING CONSTRUCTED ON THE SAME LOT:THAT STAFF DO ALL THE ADEQUATE RESEARCH AND LEGALITIES OF SHORT TERM OCCUPANCIES OF TWO HOUSES ON AN ACRE AND A QUARTER MINIMUM LOT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 20 OF 23 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 20,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 21,2000,IN THE CITY CONFERENCE ROOM. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala commented he went to some seminars that he thought were very useful.The seminars were for Growing Smarter and parliamentary procedure.He added he would leave all the information he received for others to look at.He learned at the latter one that they could speed up the meetings by not having to read the entire consent agenda;the mayor can ask if there is a consensus,and if there is no one against it,i t is basically approved and the meeting can move on.He asked the city clerk to order some additional cards on parliamentary procedure that he had seen at that seminar. Vice Mayor Surra asked if they coincide with the city's adopted Robert's Rules of Order. Councilmember Durbala stated they do.He thought they might be beneficial for the council to have. Mayor Coleman commented he will be going to Washington,D.C.this week for the Congressional Cities 2000 Conference for the National League of Cities and Towns.The city manager will be attending with him. REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 21 OF 23 City Manager Curtis Shook stated one good feature of the conference is that they get to meet with their congressional delegation on Monday.They will be able to try and make them aware of the city's concern for overflights and the FAA issue. Vice Mayor Surra suggested bringing a map to show the delegation just where it is. Councilmember Durbala suggested he take some city pins along to distribute. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:22 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 15,2000. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Keith Graves;Public Works Department employees;Jim Ricker. 4.Approval of Resolution No.00-06,Providing notice of a special election;establishing polling places,voting districts and times that the polls will be open;appointing election officials and fixing their rate'of compensation: for the May1.6,2000HSpecial Election,. ACCEPTED THIS 21ST DAY OF MARCH ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 22 OF 23 MAKE DOUGLAS VOLEMAN Mayor ,2000. ATTEST: KATHLEEN CONNELLY City Clerk 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 March,2000.I further certify that the meeting was duly called and held and that a quorum Was present. Dated this 13th day of March,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 7,2000 PAGE 23 OF 23