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HomeMy WebLinkAbout2000-10-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 17,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 17,2000,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 Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present: (Councilmember Dietz was absent.) City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Public Works Director Doug Dobson Development Svcs.Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 1 OF 42 Others Present:Associate Planner Rudy Esquivias Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Alberto Olivas of the Secretary of State's office gave a presentation on the ballot propositions for the November 7,2000 election. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He was concerned that the proposed use tax would be taxing the internet and thinks i t is dangerous:he questioned what city employee was looking for ways the city is losing tax revenues and requested the city look at ways of enhancing businesses and other activities that would increase revenues;and he was concerned that the proposed hospital would turn away the people in the community whose taxes were paying to support the roads the city is investing in for the hospital. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council. He complained about the city allowing a 45 -minute presentation and not allowing a citizen an additional five minutes to speak at a public hearing especially when he has been told by staff that time limits do not apply to public hearings.He was concerned the city may appeal the recent court decision on impact fees:the Students First program has made the impact fees obsolete.He urged the city not to waste staff time and money on an appeal. He urged that right turn lanes at intersections at major roads be constructed now to prevent construction delays at a later date,utility interruptions and REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 2 OF 42 the expense of removing an existing curb.The time of initial development is best for the city so that the developer may pay all or part of the cost.He does not believe it will be a budget buster for the developer.I f i t is done later,the cost may be borne entirely by the city.He urged the council to instruct staff to determine if this would be a cost savings to the city and act accordingly.He spoke on the retail market demand survey and commented the Home Depot at Crismon may attract additional retailers and that the study ignored any future development in the Mesa portion of the study area.He questioned whether the city could support a power center at Crismon,the Earnhardt expansion,377,000 sq.ft on Idaho south of the freeway,downtown redevelopment and the rezoning at Old West Highway and Goldfield.The big box site may not be needed at the latter location.The rezoning may have harmed the owner as with condemnation he could have sold his land.Big box retailers can have a devastating effect on a central business district.The development efforts appear to be working against each other.He does not support spending city funds to attract businesses to identify properties.The city is subsidizing the owner developer by courting prospective tenants.This alerts businesses that the city is willing to pay in order to get more outlets to collect citizen taxes.He was pleased that council is no longer considering eliminating commercial vendors at market days.He suggested restrictions be made to prevent owners to combine smaller parks in order to have sales in a residential area.The fee should be set to cover the city's cost of issuance including advertising,the license holder should submit a list of commercial vendors attending and their city business license numbers,advertising should be allowed,and nonresident attendance. Mrs.Jean Perkins,616 N.Cactus,Apache Junction,addressed the council.She commented she has received numerous calls on the condition of the city streets.She complained that the striping is terrible.She would like to see the main roads match those in Maricopa County in appearance.She would like to see additional lighting on Superstition.She is aware these things will take years to accomplish.She complimented the city on the landscaping at SR88 and Idaho.She thanked Councilmember Insalaco for his effort in bringing a hospital to the city,and she thanked the council in general for their efforts. Mr.Daniel Austin,1353 S.Valley Drive,Apache Junction,president of the Arizona Winter Visitors'Association,addressed the council.He delivered recommendations from his association on ways to improve market days.He encouraged council to maintain market days in the city,as the cancellation of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 3 OF 42 market days would send a message that winter visitors are not welcome or important to the city.He briefly went over the recommendations from his association that had been given to the council.The association believes the recommendation will solve the problems discussed by the council by clarifying commercial vendors,doing away with the sale of commercial food products, promoting better participation from nonconforming park model resorts, assisting the city in the enforcement of the code,aiding in the collection of sales tax revenues,and aiding in the licensing of good,quality vendors.He offered their support in continuing market days. Ms.Sharon Day,400 N.Plaza Drive #654,Apache Junction,addressed the council.She thanked the council for their consideration on market days and for listening to the people.She regrets that the council and parks were unable to meet together and discuss market days.She commented Vice Mayor Surra was concerned about the smaller parks not getting the benefits from market days,but she is aware that some of the smaller parks are having their own kind of market days,including park vendors attending them.The vendors leave her park as she requires a license and they go to the smaller parks that do not require a license.She commented they had applied for their conditional use permit last spring,and it was apparently put on hold.She asked if they will have to go back and redo the entire process if the conditional use permit is not dropped.She asked that the final decision be sent to the parks in writing. Mr.Henri de la Barre,1000 S.Idaho Road,#612,Apache Junction,addressed the council.He complained that he had not been advised of market days being on the agenda at the work session last night.He commented someone at Roadhaven should have been notified and someone would have been here to represent them.Market days is a social event in the parks.He was concerned that when planning and zoning had their public hearing on July 25 only approximately 5%of the interested vendors and customers would have been present in Apache Junction.He had recommended that the commission urge the city council to have their public hearing in January when approximately 100% of the interested parties would be present.Instead i t is now,when there is only 20%of the interested parties present.He again urged this item to be discussed in January with proper announcements.He had urged the transition from commercial vendors to strictly crafts in the past,long before the ordinance made that mandatory.Roadhaven has been under the impression that they do not need a conditional use permit as they are limited to crafts,and REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 4 OF 42 any individuals living in a park could go into sister parks to sell crafts they had made without the need of a license. Mrs.Dell McKinney,3710 S.Goldfield Road,Apache Junction,addressed the council.She commented the only reason a conditional use permit is required is so that commercial vendors can be included.A good definition of a commercial vendor is needed.She commented there is concern that local businesses are being discriminated against because they have the overhead to pay for as opposed to the vendor that does not have the overhead.She recommended that every commercial vendor that wants to participate should call and reserve a table at market days.They have 30 to 40 vendors per market days with usually only one per product.Out of 34 people signed up for their market days,10 would be considered commercial vendors.I t is not a great number.This is a social event. Mr.Dave Kent,600 S.Idaho Road,#711,Apache Junction,addressed the council.He is the activity director for Rock Shadows.He agreed with the recommendations offered by Mr.Austin regarding the smaller parks.He does not believe meat,fish and poultry should be sold at market days,but he would like the sale of fruits and vegetables to continue.The people selling these in his park are licensed to sell by the state health department and they are licensed by the city.They offer a service to residents who cannot leave the park.He urged council to keep market days the way they are other than with the improvements recommended by Mr.Austin. Councilmember Eck commented he would like to direct staff to put on another agenda the purchase of a striper for the city streets.He commented he would also like to have the turning lanes installed now rather than waiting down the road. City Attorney Joel Stern asked if he wanted that put on another agenda for discussion by the whole council. Councilmember Eck stated that is correct. Mayor Coleman commented he wanted to respond to the time frame on market days. He stated if they were to begin the discussion now or in December or January, it would be voted on in July.The council is giving direction to staff to have the ordinance come back.He does not believe having the discussion in July was premature or to have the planning and zoning commission look at i t REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 5 OF 42 then.The intention was to start the discussions early enough so that when i t comes time to vote,the people that i t concerns would be back in the community.He commented they have work sessions the night before the regular meetings,but they are not for public input:i t is for discussion between staff and the council.Anyone from the public that had attended the work session last night would not have had the opportunity to speak to the council at that time.It was a public meeting and was posted according to law.He apologized to those who were not aware of it being on the agenda last night. He commented he believes the council made the correct moral decision regarding the school development fees.They were trying to protect the taxpayer.Money for the new schools is either paid for through user fees,such as development fees,or i t is paid for up front,or the taxpayer bears the entire burden later on.The purpose was to try to relieve the taxpayer of that burden and have growth pay for itself.He would have preferred they had never been challenged in court,and that they had been allowed to collect the fees to provide necessary public facilities.I t is an economic development discussion to him.He is concerned that the city would continue to have inequities as far as tax base and taxpayer ability to provide those services,or have the city do something that is fair and equitable.He added Cave Creek had a 1,000 home development going in and they asked the developer to donate a school site.The developer said no.Cave Creek went to the state facilities board under Students First,and they were told they would not buy the original site as i t is too expensive,but they would buy one for them five miles away.The district would have the choice of busing the kids those extra miles or using the money they had from a bond election to buy the site.They ended up buying the site and the taxpayers shouldered the entire burden.Apache Junction is trying to avoid that situation.Thus far the developers have cooperated with the city,but he would like to see something across the board as a lot of builders do not build 1,000 home subdivisions.Everyone should be asked to contribute or i t is an inequity. Councilmember Durbala commented if the council had to do everything all over again,he would stand up and be proud and happy,being the small city Apache Junction is,to try to lay groundwork for the rest of the state.He believes it was the morally right thing to do for our children and future children.He commented he hoped another city or a group of other cities could get this on a ballot as an initiative and pass i t statewide.I t is morally right to take that money to help build the schools and fund the programs.The ultimate objective was to make growth pay for itself.He believes the entire council would be just as enthusiastic as when they started if they had to do i t all REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 6 OF 42 over again.The council believes in the youth of the community,they believe the residents want something for their dollars,and they believe it was the moral thing to do. Councilmember Eck commented there are three bonds on his property taxes for the schools.The development fees would have helped eliminate bond after bond on your property taxes.The bonds will continue until something is done with all the new development as there is no money towards schools.The property taxes are high enough,it will be harder to get those bonds passed;if they are not passed the kids will do without.Growth should pay for itself. CITY MANAGER'S REPORT City Manager Curtis Shook announced the city has increased its number of general trash pickups of yard waste from once annually to quarterly.The city also added a white goods event approximately a year and a half ago which provides a tremendous service to the community.The next white goods event will be on Saturday,October 21,from 8 a.m.to 12 p.m.Residents can bring any white goods to the Public Works yard.The city will dispose of those items for a $10 fee.The city has averaged over 100 items per collection. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR EXTENSION OF PREMISES/ PATIO PERMIT FOR ARIZONA FOOD SERVICE AT APACHE GREYHOUND PARK )City Clerk Kathleen Connelly briefed the council on the item.She stated this will be for November 11, 2000,for the Hello Apache Junction Main Street Program event.The appropriate city departments have completed their review and there have been no objections.The applicant has been notified of the public hearing. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 7 OF 42 Mr.Tom Dack,director of security for Apache Greyhound Park,addressed the council.This is to allow them to sell beer at this event on November 11 in the fenced parking lot by Apache Trail. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES/PATIO PERMIT FOR ARIZONA FOOD SERVICE AT APACHE GREYHOUND PARK BE RECOMMENDED FOR APPROVAL AND THAT THE RECOMMENDATION BE FORWARDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-33:AUTHORIZING SUBMISSION OF AN APPLICATION FOR A GRANT TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN THE FY 2001 LOCAL TRANSPORTATION ASSISTANCE FUND I I PROGRAM )Grants Specialist Roger Hacker briefed the council on the item.He stated this will authorize the second part of the grant to hire a transportation consultant to help the city devise an implementation plan for transit services in the city. 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 was concerned that this be another study as the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 8 OF 42 city has already spent $100,000 on studies.He would like the council to just "do it";getting a bus on a basic schedule. Grants Specialist Roger Hacker commented this would be the next step to what has already been done before. Review of the ASU study and the Pinal County transportation study showed many variables and the best delivery system needs to be determined for the city. Someone with more experience than staff currently has needs to make this determination. Mayor Coleman commented the council had tried to add transportation by hiring a trolley.I t had to average 100 fares per day to break even and i t only averaged 3.The council does not want to just "do it";it wants to do i t right. Mr.Elliott Fisher stated the trolley does not make a real attempt at transportation,and light rail is a joke.He commented the council has discussed light rail and talked about bringing i t out here,so i t is an issue. Mayor Coleman stated i t is an issue but the council wants to do i t right. Mr.Elliott Fisher stated he has only seen talk and hundreds of thousands of dollars in studies.There are numerous surveys saying transportation is wanted. Mayor Coleman asked if he could tell them how many surveys there have been. Mr.Elliott Fisher stated there were several.There have been several town halls and transportation was a priority there.The Arizona State University consultant stated the same thing.He does not want any more studies,he wants something done. Mayor Coleman asked why he was speaking against it when another grant was being talked about for senior transportation. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 9 OF 42 Mr.Elliott Fisher stated i t is discriminatory;i t should be transportation for everybody.The county transportation is inadequate,and it will give transportation a bad name.I t is running empty at this time.He asked if they do it,they need to do i t right from the beginning. Mr.Tom Schuelke,1889 S.Palo Verde,addressed the council.He asked if the university study was $15,000 and this study would be $60,000. Mayor Coleman commented he believed the grant request was for $61,000. Mr.Tom Schuelke commented the city will have spent $75,000 preparing for transportation.He is against government getting involved in transportation.He asked what the scope of the proposal is if they are spending $75,000 for studies.He suggested they could get one or two more buses for the money they are proposing to use for this study.This would cover the capital costs and they could have volunteers or future grants to have the transportation. Councilmember Durbala stated i t would be nice to have volunteers to drive the buses around.He used to volunteer to pick up patients for the Veterans Administration Hospital;the veterans'organizations paid for those vans and the volunteer drivers had to sign an agreement saying they would not sue if involved in an accident.The driver could be liable for everybody else in that vehicle.He would not like to see a volunteer and the city involved in a lawsuit even if it is not the driver's fault the van gets hit.He would prefer to have the studies done as he believes i t is the efficient way to do it.The trolley was done twice, with over $80,000 spent on that,they did not have any studies,and the money was just blown on the trolley.This ended up costing more and there is no program.He would rather take the time and money to have a decent program, decent transit and decent route system set up. Mr.Tom Schuelke asked who was driving the senior center van. Councilmember Durbala stated the senior center does not have a van.There is a van done through the county REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 10 OF 42 through a county grant with federal money.I t does not specifically drive to the senior center.They start in Superior and come down through the valley. Mayor Coleman called the meeting to order and asked Mr.Schuelke to continue with his comments. Mr.Tom Schuelke commented if the scope of what they are doing is running $75,000 for the study,he believes the system may bankrupt the city.He is opposed to the study and urged them to consider the money for capital expenditures. Vice Mayor Surra asked if the grant money could be used for any other purpose other than the study of a plan and the proposed implementation of a plan. Grants Specialist Roger Hacker stated the scope of the grant could not be changed without prior authorization from the Department of Transportation. Councilmember Eck commented they probably would not give the city a grant for taxicabs or small minivans.He does not believe they would get grant money if those items were applied for. Grants Specialist Roger Hacker stated that is a possibility,but he questioned if the city wants to be in the transportation business.He has heard everyone is against that,so he is looking towards an outside source to provide the transit system.He commented in regards to the expense of this grant,the city had to notify the county that they would be submitting a grant for the rest of their funds so that they were not given away.The request for proposals for this scope had not been done yet,and the consultant will probably not cost the entire amount.The money left over can be used to implement the transit system or another program related to transit. Vice Mayor Surra commented the city is tying up the funds to apply towards its transit needs. Grants Specialist Roger Hacker stated that is correct. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 11 OF 42 Mr.Elliott Fisher commented he has been watching the council lie for ten years on transportation.Mr.Galloway was paid $50,000 to be a transit consultant to study transit.Nothing was published in the paper and another $50,000 was wasted.Another $50,000 was given to Arizona State University.He questioned where the money was going and reiterated that the council was lying.He claimed the city has the money and ability to do something,even if it is subsidizing taxicabs.People work on their vehicles at 3 a.m.to get them going because they cannot get into Maricopa County to work.He urged them to tell the public that they do not want transit and never did. City Attorney Joel Stern commented the city council does not need to take personal attacks;those people can be ejected from the council chambers. Grants Specialist Roger Hacker stated the grant from Arizona State University cost $15,000 total of which the city paid $7,500. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Durbala MOVED THAT RESOLUTION NO.00-33,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2001 LOCAL TRANSPORTATION ASSISTANCE FUND I I PROGRAM,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-32/DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "CITY OF APACHE JUNCTION TAX CODE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 12 OF 42 AMENDMENTS ON A USE TAX",WITH THE EMERGENCY CLAUSE/PROPOSED ORDINANCE NO. 1140;ADOPTING "CITY OF APACHE JUNCTION TAX CODE AMENDMENTS ON A USE TAX"BY REFERENCE;PROVIDING PENALTIES,REPEALING CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE;AND DECLARING AN EMERGENCY )City Clerk Kathleen Connelly briefed the council on the item.She commented a use tax is a tax on an item of tangible personal property that is purchased elsewhere and brought into the city for either use or storage.I t applies to those items that exceed $1,000 in value.It must be purchased in an area where there is no comparable city municipal tax paid,such as a county island,out of state purchase or Internet purchase.She provided council with some examples of what would be taxed and what would not be taxed.The use tax has to parallel the city's sales tax; this is tiered so that between $1,000 and $2,000 the tax is 2.2%,for items more than $2,000 the tax is 1.2%for the amount over $2,000.In effect,more expensive items would be cheaper in Apache Junction as the tax is lower at the higher amount.The use tax is already in effect in 31 other cities in Arizona,with the tax ranging from 1% to 3%.The use tax is an economic development benefit for those businesses located within the city limits.I t equalizes the competition.I t is a pro -city business tax.This use tax will enhance city businesses as i t levels the playing field.I t takes away the incentive of a business looking to locate here to look at in -city and out -of- city as the tax rate is the same,they would have police protection,streets, sewer,water and other opportunities that exist.It motivates in -city purchases.As the city is surrounded by county islands,this is a special incentive for the city.There are vendors outside the city that are advertising that purchasers do not have to pay a city sales tax;i t is against state law to do that.The resolution would declare the use tax amendment a public record;the ordinance adopts i t by reference.The attachment to the ordinance describes what the city can do,and it cannot do more or less.The use tax parameters are described by state law. Mayor Coleman asked if someone from the cities already having a use tax would pay the tax if they came to an unincorporated area and bought a recreational vehicle and located i t in a park in one of those communities. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 13 OF 42 City Clerk Kathleen Connelly stated they would. City Attorney Joel Stern stated they may pay a use tax as that issue had not been tested in the court. City Clerk Kathleen Connelly stated the question was on a recreational vehicle which is a tangible piece of personal property. City Attorney Joel Stern stated he misunderstood the question as he thought they were talking about a manufactured home. Mayor Coleman asked if they would not pay a use tax if they bought it there and moved i t into Apache Junction. City Clerk Kathleen Connelly stated that is correct. Mayor Coleman asked i f it would tax a number of items,such as tangible property rentals,real property rentals, contracting,utilities,amusements,advertisements,printing,publishing, mining,and restaurants. City Clerk Kathleen Connelly stated it would not.One would either pay a use tax or a sales tax,not both. Mayor Coleman asked if it would affect you if you spent $900 at the Wal-Mart outside the city. City Clerk Kathleen Connelly stated it would not affect you. Mayor Coleman asked if it would tax any services in the city. City Clerk Kathleen Connelly stated it would not.The state prohibits the taxing of services:they cannot be taxed by the state or any city or town in Arizona. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 14 OF 42 Mayor Coleman asked if Apache Junction renters would pay a double tax. City Clerk Kathleen Connelly stated they would not.It would not impact the rental sales tax whatsoever. Mayor Coleman commented i t has been said that the council wants to tax for all kinds of services. City Clerk Kathleen Connelly stated no services would be taxed as that is prohibited by state law. Mayor Coleman commented this is meant for big ticket items that are purchased outside of the city limits. City Clerk Kathleen Connelly stated they are purchased outside of any city limits where there is no comparable city sales tax collected. Councilmember Insalaco commented i f someone buys a car in the city limits of Omaha,Nebraska and pays a city sales tax there,they would not pay a use tax here.However,if they buy i t in another town that has no sales tax and i t is brought here,they would have to pay the use tax. City Clerk Kathleen Connellys stated that is correct if they are going to reside here,but not if they were visiting here.If the item will be stored or used here and they are residing here,they must pay the tax. Councilmember Durbala asked if this would include boats. City Clerk Kathleen Connelly stated it would include any tangible personal property that exceeds $1,000,such as a boat,motorcycle,and trailer. Mayor Coleman commented it would not include groceries. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 15 OF 42 City Clerk Kathleen Connelly stated it would not.The average citizen in Apache Junction would not even know there was a use tax unless they purchased a large ticket item exceeding $1,000 in a location where there was not city sales tax charged by any municipality. Councilmember Durbala commented most of the cities with a use tax are smaller cities around unincorporated areas. There must be a reason why these cities look at this,and he believes i t is to level the playing field.He commented he looked in the phone book and there are a lot more businesses than listed here that advertise no sales tax.He has noticed there are a number of manufactured home dealers that used to be in the city that have moved to the unincorporated areas.He believes the lack of sales tax is a reason why. City Clerk Kathleen Connelly stated a number of cities with the use tax border other states.Certain purchases are being made in the adjacent state and are being brought back to that city. Councilmember Eck asked if other communities on this list are collecting the tax on mobile home sales. City Attorney Joel Stern stated that is not known for certain.A question has been posed to the League and they have not been able to come up with a conclusion thus far,or determine i f i t is legal.Their current information shows that other cities do not collect the tax on mobile homes.However,there is no specific exclusion in the law, so it may be applicable. Councilmember Eck asked if they choose not to collect the tax. City Attorney Joel Stern stated that is possible as i t is a political issue. Vice Mayor Surra commented she thought the cities could do no more or no less than what the state has put down in writing. City Clerk Kathleen Connelly stated that is correct. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 16 OF 42 City Attorney Joel Stern commented the State of Arizona does not charge a use tax. Vice Mayor Surra commented they wrote the tax code that allows the use tax.Cities are supposed to do no more or no less;i t cannot be altered. City Attorney Joel Stern that is correct.If the document is adopted,the council has to adopt the whole thing. City Clerk Kathleen Connelly commented the city attorney is advising that while they have i t on the books, they are choosing not to enforce it. Councilmember Durbala asked if a mobile home was classified as personal property. City Clerk Kathleen Connelly stated i t is tangible personal property. Councilmember Durbala commented the city could therefore legally collect the tax. City Attorney Joel Stern stated that may be an issue for the tax courts.The city could assess it on a particular individual and make i t a test case. City Clerk Kathleen Connelly stated there is a lengthy list of exclusions and exemptions in the tax code which includes some of the businesses asked about earlier.Resale items or those items altered and sold in another form cannot be taxed with a use tax. Mayor Coleman opened the public hearing on the item. Mr.Louis Beavin,2191 S.Belair Road,Apache Junction,addressed the council.He asked when the council may use the emergency clause and why i t is being used for this item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 17 OF 42 City Attorney Joel Stern stated under federal law,when a public body feels i t is an emergency,that is the end of the inquiry,if it is stated as a health,safety,welfare immediacy in the ordinance. Mr.Louis Beavin asked if a manufactured home is a mobile home. City Attorney Joel Stern stated i t is defined under different definitions in Title 42 regarding old and new mobile homes. Mr.Louis Beavin asked if the city regards a mobile home as a permanently affixed dwelling,as in a house,or is i t something different. Mayor Coleman stated he looks at is as the buyer pays a sales tax when he purchases a home.If the buyer goes across the county line and purchases a mobile home,they are not paying a sales tax right now.The difference would be evened up if they charged a use tax. Mr.Louis Beavin stated i t is movable property:i t can be moved from one location to another. Mayor Coleman stated you would only pay the use tax once,as with a site built. City Clerk Kathleen Connelly commented every time the city does a tax code amendment i t is done with the emergency clause.This is because the Department of Revenue requires a minimum of 60 days notification in order for them to make the changes to the thousands of tax forms and to do the notifications to the thousands of taxpayers that have a city tax number.By doing this with the emergency clause,the city is able to give them a signed and enacted ordinance so that they can begin the paperwork as soon as they receive the ordinance. Mr.Hank Hannah,3400 S.Ironwood Drive,#357,Apache Junction,addressed the council.He is the state president of AAMHO,the Arizona Association of Manufactured Home Owners:he REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 18 OF 42 represents approximately 27,000 members.They do not understand the ordinance.They oppose the new tax as i t is written.Their board of directors and legal department have not had a chance to study the tax.He understands there is a problem with homes being sold in the county island and being brought into the city.However,any tax ends up with the consumer.The paper claims this is aimed at the manufactured home industry.He defined a mobile home as one built before 1976;later homes are manufactured homes.He questioned whether this tax has anything to do with the $2,000,000 that were collected for the school impact fees,and if they were going after the manufactured home owners to get the money.They will be conferring with other parties to see if they wish to take any action on this ordinance i f i t is approved today. City Clerk Kathleen Connelly stated staff was given to direction to bring the use tax to the council.That direction was given on August 3,1999.This is well before any recent action on the school fees.The city has no choice as the content of the ordinance and there is nothing specifically geared towards manufactured housing.The language is what is allowed under state law,if it were to be adopted.The city cannot deviate from that language.Other communities,including Mesa and Gilbert and other areas around us,have adopted the same text. Mayor Coleman asked why AAMHO has not looked at Mesa,Queen Creek,Tempe,Sedona,and Scottsdale and all the other cities that have adopted this. answer that question. Junction is different. Mr.Hank Hannah stated he could not Mayor Coleman asked why Apache Mr.Hank Hannah did not answer. City Clerk Kathleen Connelly commented members of the manufactured home industry were visited by the city auditor.Almost immediately afterwards,when they realized they were subject to the city sales tax,they left the city and went across the county lines so that they would not have to pay a city sales tax. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 19 OF 42 long ago that was. it was at the beginning of this year. many businesses i t involved. she could think of two specifically. City Attorney Joel Stern asked how City Clerk Kathleen Connelly stated City Attorney Joel Stern asked how City Clerk Kathleen Connelly stated Ms.Dian Gilmore,1363 S.Vineyard, Mesa,addressed the council.She represented the realtors association.She asked who must apply for a license.This is in reference to page 16, parenthesis number three,which she quoted.She believes this refers to real estate as there are brokers and agents that conduct these activities. Mayor Coleman stated this applies to who must apply for a business license.Real estate agents would have to have a business license if they are conducting business in the city. Ms.Dian Gilmore commented not every single agent has a business license. Mayor Coleman asked if she would provide that list to the city clerk. Ms.Dian Gilmore stated there are realtors that conduct property management activities,such as collecting rents,and they have a license. Mayor Coleman commented that is a service and i t is not taxable. Ms.Dian Gilmore asked if every single realtor in the state has to have a business license in the city if they do a listing in the city.They are already licensed with the Department of Real Estate.She wants this clarified as they conduct their business the way i t is described on page 16. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 20 OF 42 Vice Mayor Surra asked the city clerk to clarify the law as i t appeared they are talking about two different things. Ms.Dian Gilmore stated she understands how they conduct their business. City Clerk Kathleen Connelly repeated the use tax applies to tangible personal property.I t does not apply to someone selling a parcel of land.The broker reference in here deals with the sale of tangible personal property such as recreational vehicles and cars. The license that is required is a sales tax license.If you are a broker dealing with tangible personal property and you fit within the confines of this ordinance,you must have a City of Apache Junction sales tax license. You would be subject to the sales tax.She asked if they had many agents operating within the city limits. Ms.Dian Gilmore stated they have 4,200 in the southeast valley.She could have a Tempe realtor taking a listing in Apache Junction.She understands about the tangible personal property but the language appeared conflicting to her membership.She asked that i t be clarified that this does not mean the sale of real estate. City Clerk Kathleen Connelly stated the use tax can only apply to items of tangible personal property exceeding $1,000.If there is someone from her organization physically advertising and selling property within the City of Apache Junction,they are required to have a city business license. Ms.Dian Gilmore stated her members do have that.She wanted i t clarified as to what would happen if a Tempe realtor or someone outside Apache Junction lists a property in Apache Junction. City Clerk Kathleen Connelly stated the use tax applies to items of tangible personal property exceeding $1,000 in value.If a member of her organization from Tempe is actively selling property,i.e.real estate,in this city,this ordinance does not apply. However,Chapter 8 of our city code does,and each is required to have a city business license. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 21 OF 42 City Attorney Joel Stern agreed with the city clerk.They would need to get the $2 license. Ms.Dian Gilmore stated they are here today because they were unable to get a copy of this ordinance until 24 hours beforehand.She and a colleague called and asked for a copy prior to October 16.They were told it was available until it was found out who they were with.She told her board of directors they would know what is in i t as soon as they can get their hands on the draft.They did not have access at that time. Mayor Coleman asked if that is why there were all the inaccuracies in her letter. Ms.Dian Gilmore stated she took the League of Cities and Towns report and she wrote that it would possibly target certain things.She is delighted they decided not to target those things. Mayor Coleman,Councilmember Insalaco,Vice Mayor Surra and City Manager Curtis Shook all stated the city had never decided to target those things;the city does not have that option. Councilmember Durbala commented i t was her letter that decided the council was going to target those things. Ms.Dian Gilmore stated there was no way of knowing until they had received a copy of the draft. Councilmember Durbala commented i t is disappointing to have people come in here and tell the council what the council has already decided because of what they have read in the newspaper. When they actually start reading the reports,they find that is not what was really said.Many things have been misconstrued.She has upset many of the public;they all received phone calls where they had to explain the tax.All she did was upset a number of people with inaccuracies;she never bothered to ask any of the council or staff what was involved.She decided these were the problems on her own without checking with anyone and then she tells everyone to call the council on this issue because all they want to do is take more money out of everyone's pockets. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 22 OF 42 Ms.Dian Gilmore stated if she had called them and had been told that it did not effect real estate in any way, she would not have believed everything she had been told because of her experience with the City of Mesa.There would have been no fire sprinkler referendum there if she had believed everything she had been told.She received conflicting information from the attorney and city clerk there.She did not have proper access to the use tax information until 24 hours before. Vice Mayor Surra asked if the state tax code was not a sufficient resource on use tax for her that she had to wait for it to come out in the packet.The use tax is the same statewide.She could have gotten the information anytime in the last 9 years or so. Ms.Dian Gilmore stated she wanted to clarify what was the transaction over $1,000.She wanted to know what that meant. Vice Mayor Surra commented that is also stated in that tax code. Ms.Dian Gilmore stated she wanted to make sure whether it meant real estate or not. Vice Mayor Surra commented the state tax code that this was taken from would have stated that for her.I t has been in effect since 1987. Ms.Dian Gilmore commented her board of directors had asked her to notify the public and raise the awareness of this tax. City Attorney Joel Stern stated the final version of this ordinance was not available until October 4. Ms.Dian Gilmore stated she had called here after October 4 and she was told it was not ready yet.She has been out here a number of times to get information and she has usually had to wait 24 hours to get it.She commented in the future if she asks for something she probably will not get it.She will get the information any way she can.She paid for it with a good check. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 23 OF 42 City Attorney Joel Stern asked i f she had filed a public records request with the city clerk. one when she got here. date that was. Ms.Dian Gilmore stated she filed City Attorney Joel Stern asked what Ms.Dian Gilmore stated that was on October 16.She had called earlier and asked for it. City Attorney Joel Stern stated she has to file a public records request in order to get a document from the city. Ms.Dian Gilmore stated she files one each time and gets whatever she needs. City Clerk Kathleen Connelly asked if she had to wait 24 hours to get the document she filed the request for on October 16. Ms.Dian Gilmore stated she got that yesterday.However,it was only 24 hours before today. Vice Mayor Surra asked if that is when she came in for the document. Ms.Dian Gilmore stated she had called earlier to try to get a copy,claiming i t is selective giving. she had filed a public records request. found that to be the case. not try to file those requests earlier. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 24 OF 42 Councilmember Eck commented not i f Ms.Dian Gilmore stated she has not Councilmember Eck commented she did Ms.Dian Gilmore stated she found i t interesting that a clerk on the phone would ask her who she was with and then she would be told that the document is not available yet. Councilmember Eck commented that is hearsay. City Manager Curtis Shook stated he finds that hard to believe,especially the way that this was done with so much misinformation.I t is unethical and unprofessional.She could have called any one of them.The staff works hard to present these things and they have a lot of morals and ethics.He finds it difficult to believe that anybody told her that she could not have something that she got the moment she showed up. Ms.Dian Gilmore agreed she got i t when she finally showed up.But she had called before to ask for the information and selectively i t has not been available to her. City Manager Curtis Shook stated he did not believe her. City Attorney Joel Stern commented state law requires her to file a public records request,not call on the telephone.That is done with every public records request. Ms.Pems Tebon,1876 W.12th Avenue, Apache Junction,addressed the council.She is against the city use tax.She knows that the council would like the city to be a city that people want to come to and that they would like the residents to shop at local businesses. She agrees with that,but then the taxes came.First the capital facilities tax,and she did not hear anyone opposed to that and she did not come here then to oppose that.She is opposed to this.She and her husband do not buy anything in Apache Junction any more because of all these taxes.I t encourages people to evade taxes and evade vehicle registration if they are from other states.I t keeps people from coming into the city.It does not mean Apache Junction should have the use tax just because other cities have i t as well. Mayor Coleman commented the city is losing businesses that are moving outside the city because the city does not REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 25 OF 42 have a use tax.These businesses are leaving to avoid paying the sales tax. This tax makes i t an even playing field on those items that it will effect. Ms.Pems Tebon stated she would not be buying anything here anymore. Vice Mayor Surra asked whose sales tax she would be paying. Ms.Pems Tebon stated she shops in the county islands.She has only bought food and things at Wal-Mart for a long time.She was getting ready to buy a piece of furniture but with the city use tax she will not buy it now,as i t is over $1,000.She asked how the city would find out that she bought it. The consensus was that the city probably would not find out that i t had been bought. Ms.Pems Tebon asked why they would tax a boat as she can evade paying the tax by not telling them she had bought the furniture. Councilmember Insalaco stated they would find out about the boat purchase when i t is registered with the State of Arizona. Ms.Pems Tebon commented they would not get people like her. Councilmember Durbala commented her kids would then lose out on some of the programs from parks and recreation. Ms.Pems Tebon stated she has no children. Councilmember Durbala added police protection and other services all come from the sales tax.There is no property tax to pay for these things.However,she can shop wherever she wants. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 26 OF 42 Ms.Pems Tebon stated she wanted to let them know why she no longer shops here.She asked what would be the cost of collecting this tax annually. no cost as the state collects it. be an additional cost through the state. collect the taxes already. Mayor Coleman stated there would be Ms.Pems Tebon asked if that would Councilmember Insalaco stated they Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He commented the selective part comes in if you are an activist in the community.This woman told the council she was not getting the information.He stated at a public hearing that he had requested something in writing,specifically from the police department concerning a council member,and he has not received those items.That is state law. City Attorney Joel Stern reminded him that the issue is the use tax. Mr.Elliott Fisher commented i t appears that the city would come after him for the use tax if he ordered something costing $10,000 over the Internet for his own personal use.He stated that is called cost push inflation.Any time you add taxes to anything i t causes everything to go up.This is the same issue as the impact fee. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented there are lots of misconceptions and errors.He would like the city to clarify where the Internet sales will fit into this.He questioned whether full time residents would be disadvantaged when purchasing motor vehicles.It will be difficult to collect the tax from winter visitors purchasing motor vehicles as they can claim first use out of state.This tax targets full time residents.The belief that the city can tax manufactured housing sales is not founded, especially used ones.Most of the sales would be exempt as many of them are used.Some retailers may try to convert new used homes to manufactured homes, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 27 OF 42 and it may be legal to help the buyer to avoid the use tax.The code does not prohibit this.To contest this action the city would have to take individuals to court.Absent such action,no use tax on manufactured homes could be collected.The manufactured home businesses that moved out of the city have done no wrong;they have a competitive advantage since the city has a sales tax and the recent added tax has only served to magnify this.Comments have been made that the use tax will not be forced on individual purchasers and the average citizen will not even know about it.Citizens cannot abide by a law they are unaware of.This entices citizens to violate the letter of the law; the tax should be enforced if it is valid.If it cannot be enforced,do not enact it.He gave the council a handout regarding other consequences.I f this is enacted,the city will probably be unable to annex unincorporated trailer parks and it will lose shared tax revenue.This tax is a tax on a resident's economic activity.The emergency clause has been added as a financial matter,as this is proposed to bring in $30.000 a month in revenue. He asked if this was another method of avoiding a referendum.State law gives the people the right of referral and they are taking away that right.He commented the public could -see this as usurping their rights and violating the oaths of office.He does not believe the use tax is worth implementing.He called for the city to explain its reliance on sales tax revenues to the exclusion of property taxes,its lack of use fees especially by parks and recreation,and the rollback feature in the sales tax. Mr.Dan Austin,1353 S.Valley Drive,Apache Junction,addressed the council.He formerly worked for the United States Chamber of Commerce.One of their main issues was regionalism and helping communities that are adjacent to unincorporated areas in large metropolitan areas.I t is a continual problem to these areas.It was found that the use tax created a level playing field,helping to develop and bring forth other businesses into the community,such as a furniture store where the previous woman could then buy her furniture.Most people will realize there really is no impact from the use tax,i t basically puts the city on a level field. Ms.Mary Bailey,3710 S.Goldfield Road,Apache Junction,addressed the council.She is a winter visitor.She was previously a certified public accountant.She commented the definition of a manufactured home was tangible personal property under the Internal Revenue Service code. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 28 OF 42 Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked the city attorney for the exact language he used when he quoted case law regarding the emergency clause. City Attorney Joel Stern commented if the city council determines that i t is an emergency,all the section in the code has to say is that i t is an emergency pursuant to the health,safety,or public welfare of the city. Mr.Elliott Fisher commented he read that case law as stating the 9th Circuit sent i t back.The emergency clause is being invoked here,and under the emergency clause the city is supposed to state what the emergency is.Other people have complained in Arizona and taken cities to court because they are not explaining what the emergency clause is.It went to the 9th Circuit United States District Court in California,wherein they stated they were not in a position to decide what is an emergency and they sent i t back to the state court.I t has not been challenged.He currently has a referendum against this city regarding that same issue,and i t should not be used as it prevents the filing of a referendum. City Attorney Joel Stern stated he is mischaracterizing the law. Mayor Coleman closed the public hearing and opened the item to council discussion. Vice Mayor Surra commented she had asked the city attorney to look up information she had received from various individuals during the break and from people who had spoken.She added there is a contact at the League who is attempting to clarify some information also. She suggested continuing this item for a vote at a later time,possibly in March,in order to give everyone adequate time to get the information needed. There was general discussion as to whether another public hearing would be needed.It was determined another would be needed for passage of the documents.The discussion moved on to the date of continuance. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 29 OF 42 City Clerk Kathleen Connelly stated Cathy Connelly of the League has had a discussion with Scott Butler,who represents the Manufactured Housing Association in Arizona,and he expressed that his organization would support a change in the tax code that would put manufactured housing under contracting,which is what this council asked to do back in July of this year.She asked Cathy the time frame on this,and Cathy had indicated six months.The city should have additional information regarding the shift in the tax responsibility by March. Vice Mayor Surra suggested they wait until April for the public hearing. City Clerk Kathleen Connelly agreed. Vice Mayor Surra suggested the first meeting in April. City Clerk Kathleen Connelly stated that would be April 3. There was another discussion on this item needing a public hearing.The city attorney recommended that if this is continued that i t be for a public hearing on that date. Vice Mayor Surra MOVED THAT THIS BE CONTINUED FOR A PUBLIC HEARING ON APRIL 3,2001. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a quick break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 30 OF 42 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION AM -1-00 (COUNCIL -INITIATED)-TEXT AMENDMENT TO MARKET DAYS ORDINANCE TO CONSIDER DISALLOWING COMMERCIAL VENDORS FROM PARTICIPATING IN MARKET DAYS EVENTS ) )Vice Mayor Surra commented this has been talked about a lot over the last few meetings,and she appreciated the recommendations from the Arizona Winter Visitor's Association.The current ordinance does not benefit anyone the way i t is written.Most of the issues she was concerned with have been addressed by the recommendations from the Arizona Winter Visitor's Association.She moved THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF:THAT,RUDY,USING THIS INFORMATION FROM,TO INCORPORATE THIS,RUDY,IF YOU COULD,IN SOME OF THE OPTIONS THAT YOU WOULD BE BRINGING BACK FOR US TO FORMULATE THAT NEW ORDINANCE OR TO AMEND THAT ORDINANCE FOR. Councilmember Durbala requested discussion before a motion was made.He commented they had not discussed any options that would be brought back. Vice Mayor Surra commented they are listed in the information received from the Arizona Winter Visitor's Association. City Clerk Kathleen Connelly reminded the council there was a motion on the floor. Mayor Coleman called for a second to the motion.There was no second offered and he called for council discussion. Councilmember Durbala commented he agreed with many of the recommendations but he does not like the commercial vendors.He was concerned about how a homeowners'association would be able to have a market days event. Mayor Coleman commented that would be something for the options. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 31 OF 42 Councilmember Insalaco commented there has been a concern that the vendors take business away from city businesses.He contacted an awning company and was told he should not ask to have an awning put up from November through February as they were too busy. He does not believe outside vendors have much effect on the local businesses. He is more concerned with the meat and poultry.He does not have any concerns with the way the current ordinance is written. Councilmember Eck commented there will probably be very minor changes to this ordinance.He added he thought they should have started with the parks first to get their input and this should be done in the future on items like this.This became a hot issue as soon as everybody heard the council would be making changes.He suggested forming a committee to hold hearings at the parks or having the public information officer keep them informed on any possible changes.He asked i f there were any parks having their conditional use permits held up. Vice Mayor Surra stated there are. Councilmember Eck recommended allowing those parks to get their conditional use permits and have them continue as we have in the past until i t has been changed,if it does get changed.He does not believe they should be holding up the conditional use permits. Mayor Coleman agreed. Vice Mayor Surra commented there might be a reduction in the fee. Councilmember Eck commented they might want to take that risk since i t is so close to the season. City Clerk Kathleen Connelly commented crafters and artisans are required to have a sales tax permit.She was concerned about those crafters and artisans that go from park to park. Vice Mayor Surra commented they should have business licenses. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 32 OF 42 City Clerk Kathleen Connelly stated that is how the ordinance currently reads. Vice Mayor Surra stated she has problems with the way commercial vendors are treated and the unfairness to smaller parks in the current ordinance.I t forces the smaller parks to be non -compliant as they could not meet the requirements for the conditional use permit.These are some of the options she would like Rudy to consider when he formulates the amendment to this ordinance.She would like everything discussed taken into account.She would not like to see an ordinance right away;she would like to see all of these things set out so that council can formulate the ordinance. City Clerk Kathleen Connelly stated there would be a uniform cost if the conditional use permit is continued as state law requires the applicant to pay for the advertising cost.It would be the same fee regardless of the size of the parks. Mayor Coleman commented he appreciated the information from the Arizona Winter Visitor's Association and that they were looking for and offering solutions to the concerns. Councilmember Eck asked if the parks were going to be able to get their conditional use permits. City Clerk Kathleen Connelly suggested he include that as part of the motion. Vice Mayor Surra asked how much time staff would need to put together all the items discussed in both the Arizona Winter Visitor's Association's note and the expansion of the definition.She is aware there will be different definitions for the commercial vendors. Associate Planner Rudy Esquivias asked if he was to draft a revised ordinance incorporating these things or is he to come back with a list of options for them. Vice Mayor Surra commented he could do the draft,but in sections where the suggestions could vary,they would like the option of choosing which suggestions they want in the ordinance. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 33 OF 42 They are mainly concerned with providing a better definition in order to clarify that for the parks.They want to be fair to the smaller parks that do not meet the current requirements for the conditional use permit.They might want to use the sliding scale idea for a permit.The dollar amount needs to be addressed. City Clerk Kathleen Connelly stated they might want to redefine what they mean by a "park"as there are individuals that have trailer rentals in their backyards.She does not think that should qualify as a park. Vice Mayor Surra commented those would not qualify as parks.She added they had better get a definition of a park in there. Associate Planner Rudy Esquivias commented there are many parks that are only one acre in size that have as many as 8 to 12 units on it. Vice Mayor Surra commented that is the idea of addressing the smaller units and allowing them to have market days.The smaller parks could not meet the restrictions in order to have outside vendors for a certain dollar amount.The 8 to 12 unit parks could not come up with the money to have market days.They would do patio sales. City Manager Curtis Shook commented they would not attract commercial vendors. Councilmember Durbala asked how long it would take the conditional use permits on hold to be brought back. City Clerk Kathleen Connelly commented they may want to make i t part of the motion that those permits not be held up. Associate Planner Rudy Esquivias stated the only one that has an active permit is Golden Vista.Lost Dutchman had applied for a permit,but withdrew it after this became an council issue. There are no permits pending at this time.The only other two parks that had permits were Lost Dutchman and Rock Shadows.They will have to reapply. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 34 OF 42 Councilmember Insalaco suggested Roadhaven. Associate Planner Rudy Esquivias stated Roadhaven has never had a permit. Vice Mayor Surra commented if there was an application being held while awaiting the decision on the market days ordinance,then i t should go forward.If none have already applied,there is no problem. Mayor Coleman stated if they come in and apply tomorrow they should be processed as they have been in the past. Councilmember Eck asked how much i t cost them to apply under the old system. Associate Planner Rudy Esquivias stated the application fee is $400. There was general discussion on any that may have been held up and the previous process of getting a conditional use permit for market days. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT WE GIVE DIRECTION TO STAFF TO PREPARE A DRAFT ORDINANCE THAT ALLOWS FOR ONE FROM COLUMN A AND ONE FROM COLUMN B OPTIONS AND HAVE THAT PREPARED - There was general discussion on when the draft could be prepared and returned to council. Vice Mayor Surra continued her motion with BY THE FIRST MEETING IN DECEMBER;IN THE MEANTIME WE WILL RELEASE ANY PENDING APPLICATIONS AND THAT ANY APPLICATIONS UNTIL THEN ARE PROCESSED UNDER THE CURRENT ORDINANCE. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 35 OF 42 Councilmember Insalaco asked if she had put anything in the motion about incorporating any of the recommended list. Vice Mayor Surra commented she did not say incorporated,she said to USE THESE RECOMMENDATIONS IN THE OPTIONS, BECAUSE YOU MADE RECOMMENDATIONS,R.E.HAS SAID SOME THINGS,JOE HAS SAID SOME THINGS,ALL OF THOSE SHOULD BE REPRESENTED SO THAT WE CAN CHOOSE WHEN WE FORMULATE THAT ORDINANCE WHEN WE LOOK AT IT AT THE WORK SESSION. City Clerk Kathleen Connelly asked i f it was to be at the first work session in December. Vice Mayor Surra continued FIRST WORK SESSION IN DECEMBER. Councilmember Eck asked if her motion included anyone coming in to get a conditional use permit could get i t now. Vice Mayor Surra stated i t does;i t would be processed under the current ordinance. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS PROPOSED RESOLUTION NO.00-27;DECLARING ITS INTENTION TO ORDER STREET LIGHT IMPROVEMENTS AND THE PURCHASE OF ELECTRICITY IN THE APACHE JUNCTION STREET LIGHT IMPROVEMENT DISTRICT NO.9911-1 ) )City Engineer Ron Grittmen briefed the council on the item.I t is in the Sunrise Shadows area at 12th Avenue and San Marcos. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 36 OF 42 Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion. Councilmember Eck MOVED THAT RESOLUTION NO.00-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING ITS INTENTION TO ORDER STREETLIGHT IMPROVEMENTS AND THE PURCHASE OF ELECTRICITY FOR SUCH IMPROVEMENTS WITHIN A CERTAIN IMPROVEMENT DISRICT TO BE KNOWN AS THE "APACHE JUNCTION STREET LIGHT IMPROVEMENT DISTRICT NO.9911-1",AND PROVIDING THAT THE COST OF THE ELECTRICITY BE ASSESSED ON THE DISTRICT,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.99-52;DECLARING AS A PUBLIC RECORD CHAPTER 7,BUILDINGS, OF THE APACHE JUNCTION CITY CODE;UNIFORM BUILDING CODE,1997 EDITION,VOLUMES 1,2 AND 3;UNIFORM MECHANICAL CODE,1997 EDITION;UNIFORM FIRE CODE,1997 EDITION, VOLUMES 1 AND 2;NATIONAL ELECTRIC CODE, 1999 EDITION,UNIFORM PLUMBING CODE,1994 EDITION;UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,1997 EDITION,UNIFORM SIGN CODE,1997 EDITION,ARIZONANS WITH DISABILITIES ACT AND ITS IMPLEMENTING RULES;AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES;AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE,1999 EDITION/PROPOSED ORDINANCE NO. 1101;REPEALING CHAPTER 7,BUILDINGS,OF THE APACHE JUNCTION CITY CODE,AND ADOPTING NEW CHAPTER 7,BUILDINGS,OF THE APACHE JUNCTION CITY CODE AS ADOPTED BY REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 37 OF 42 REFERENCE PER RESOLUTION NO.99-52 )Development Services Director Glen Van Nimwegen briefed the council on the item.The resolution will adopt all of the latest uniform code editions and the ordinance repeals the current Chapter 7 and replaces it with the new Chapter 7 referencing all the books. Mayor Coleman opened the public hearing on the item. Mr.Louis Beavin,2191 S.Belair Road,Apache Junction,addressed the council.He asked if the books would be available at the public library for citizens to see. Development Services Director Glen Van Nimwegen stated they could be made available.They are expensive and there will be three copies in the clerk's office.He asked if they could review them at the clerk's office. City Clerk Kathleen Connelly stated she would be willing to consider the library an extension of her office and put a set down there with the approval of the city attorney. City Attorney Joel Stern commented state law requires that the copies be with the city clerk.The library would have to have a separate copy. Mayor Coleman asked how much each set cost. Development Services Director Glen Van Nimwegen commented he believed the three sets cost between $1,100 and $1,500. Mayor Coleman commented they would be available in the city clerk's office. City Attorney Joel Stern commented he can always request copies to be made of certain parts of the books. City Manager Curtis Shook stated he believed they would be able to make a copy available at the library. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 38 OF 42 Vice Mayor Surra commented there may be a website on the Internet that they can access as these are national codes. City Clerk Kathleen Connelly commented there are some variables in those pages. City Attorney Joel Stern commented he might want to get a copy of the ordinance as it makes changes to the uniform codes.He could get a signed copy after tonight. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented the copies at the clerk's office are a quarter and at the library they are a dime.By state law they have to get the copies at the clerk's office.He suggested the council adopt a policy that copies from certain texts could be the same price as those at the library. Mayor Coleman closed the public hearing with no one else wishing to speak and opened the item to council discussion. Councilmember Durbala MOVED THAT RESOLUTION NO.99-52,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, CHAPTER 7 BUILDINGS",AND DECLARING AS A PUBLIC RECORD THAT CERTAIN PUBLISHED COMPILATION OF RULES OR REGULATIONS PREPARED BUY TECHNICAL TRADE ASSOCIATIONS FILED WITH THE CITY CLERK AND ENTITLED UNIFORM BUILDING CODE,1997 EDITION, VOLUMES 1,2 AND 3,UNIFORM MECHANICAL CODE,1997 EDITION,UNIFORM FIRE CODE, 1997 EDITION,VOLUMES 1 AND 2,NATIONAL ELECTRIC CODE,1999 EDITION,UNIFORM PLUMBING CODE,1994 EDITION,UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,1997 EDITION,UNIFORM SIGN CODE,1997 EDITION,"ARIZONANS WITH DISABILITIES ACT",AND ITS IMPLEMENTATION RULES,AND "AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES",BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 39 OF 42 The motion carried. Councilmember Durbala MOVED THAT ORDINANCE NO.1101 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1101,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 40 OF 42 Councilmember Urich MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,NOVEMBER 6,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,NOVEMBER 7,2000, IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced that Ed Cox's funeral is Saturday at 11:00 a.m.at the John Calvin Presbyterian Church. ADJOURNMENT )Mayor Coleman adjourned the meeting at 11:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of October 3,2000. ACCEPTED THIS 7TH DAY OF NOVEMBER CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. 2000,BY THE MAYOR AND SIGNED AND ATTESTED TO THIS 7TH DAY OF NOVEMBER 2000. DOUGLAS CWLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 41 OF 42 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 17th day of October,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of October,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17,2000 PAGE 42 OF 42