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HomeMy WebLinkAbout2000-01-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 18,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 18,2000,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 Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Paul Stears Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 1 OF 31 Long Range Planner Kate Morris Economic Development Specialist Kerry Lyman ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH ONE CHANGE OF ORDER OF ITEMS.I WOULD LIKE TO MOVE ITEM NO.14,COUNCIL'S DIRECTION TO STAFF TO JUST AFTER ITEM G,OUR CITY MANAGER'S REPORT.AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:BUILDING INSPECTOR JIM RICKER;CODE COMPLIANCE SUPERVISOR BOB MAYES;PUBLIC WORKS SUPERINTENDENT PETER PLANTE;MAINTENANCE SUPERVISOR JOHN BOSTICK;PUBLIC WORKS EMPLOYEES RICK KING,RON SIMERAC,FRANK GRANILLO AND ANDY AMANDO;AND OFFICER JIM TROUT;AND THAT THE AWARD OF BID FOR PW 99-29,DIESEL TANDEM CAB AND CHASSIS,BE AWARDED TO FREIGHTLINER ARIZONA,LTD.IN THE AMOUNT OF $55,304.26;AND THAT THE AWARD OF BID FOR PW 99-32,VIBRATORY ASPHALT COMPACTOR,BE AWARDED TO INGERSOLL-RAND EQUIPMENT SALES IN THE AMOUNT OF $27,606.00;AND THAT THE AWARD OF BID FOR TWELVE FLEET VEHICLES BE AWARDED TO THE FOLLOWING:LOU GRUBB FORD FOR THREE CROWN VICTORIA POLICE CARS FOR THE DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $21.859.83 EACH;FIVE STAR FORD FOR ONE 12 PASSENGER VAN FOR THE DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $21,285.77:BILL LUKE DODGE FOR ONE HALF TON PICKUP FOR ANIMAL CONTROL IN THE AMOUNT OF $14,449.58;COURTESY CHEVROLET FOR ONE HALF TON VAN FOR PUBLIC WORKS IN THE AMOUNT OF $14,782.66;BILL LUKE DODGE FOR TWO HALF TON PICKUPS FOR PUBLIC WORKS IN THE AMOUNT OF $14,449.58 EACH; COURTESY CHEVROLET FOR ONE COMPACT PICKUP FOR PUBLIC WORKS IN THE AMOUNT OF $11,684.26;COURTESY CHEVROLET FOR TWO COMPACT PICKUPS FOR DEVELOPMENT SERVICES IN THE AMOUNT OF $11,684.26 EACH;AND MIDWAY CHEVROLET FOR ONE ISUZU ONE TON CAB/CHASSIS FOR PARKS AND RECREATION IN THE AMOUNT OF $19.968.44 FOR A TOTAL EXPENDITURE OF $200,017.88,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 2 OF 31 CALL TO THE PUBLIC Mr.Ron Fox,2400 E.Baseline Avenue #24,Apache Junction,addressed the council.He spoke about the stand taken by the governor and state legislatures regarding the increase in mobile home park rents.He believes their stance on free enterprise amounts to be discrimination and rent gouging. Rancho Mirage,the park he lives in,was given a 68% rent increase:Casa Blanca was given an 86%increase.The story is the same at other parks run by Brandywine and other greed -motivated companies that have been purchased.They are doing this under the protection of the law.The prior owner was content with the $175 per month rent,and he does not believe anyone would have objected to a $50 per month increase.They love their parks but they do not want to see their retirement destroyed.There are now over 50 homes for sale in Rancho Mirage,which is double the normal figure,and they are at greatly reduced prices.One couple has pulled out of the park,and others will probably follow.Others are looking for work,or for additional work.One resident had to declare bankruptcy and moved in with a friend;she has been declared undesirable and is being evicted.Others are cutting back on food and medicine to make ends meet.Attempts to communicate with Brandywine have been futile and ignored.Their manager,Kelly Kirkham,stated at a meeting at Casa Blanca that she was not there to talk about rent.He believes Brandywine wants the residents to become a burden on the state by seeking some kind of welfare relief.Meetings have been held in several different parks because of what has been happening.This has resulted in the gathering of over 700 seniors and others who have formed the Arizona Renters'Association,becoming a reality as of last night.Mr.Jim Whittington of Cypress Estates was elected president.Their focus will be to change the current law so that any renter will be protected from gouging and victimization.If they cannot accomplish this through legislation,they will take to the streets in protest and initiate a referendum so that the public can decide what is right.He is sure there will be people who will go to any lengths to minimize their efforts.He hopes that people will look at the real issues. Ms.Joyce A.Frenette,Saguaro Canyon Village Park,3355 S.Cortez Road #98, Apache Junction,addressed the council.She had a list of approximately 53 names of residents of the park wishing to thank the council for voicing their concern over the recent rent increases.The increases in rate have gone beyond the amount of their annual income increases.They have no objection to a fair price increase.Out of state buyers are trying to take all that they can get at the expense of Arizona residents. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 3 OF 31 Mr.J.D.James,La Casa Blanca Mobile Home Park,2208 W.Baseline #106,Apache Junction,addressed the council.He agreed with Mr.Fox's comments.He stated that for the year 2000 the 198 homes will be paying $308,000 more than was paid in 1999,in 2001 they will be paying $392,000 more,in 2002 they will be paying $439,000 more,and in 2003 they will be paying $475,000 more.The increase,above the rents paid in 1999,totals $1,615.680 that will be mailed to Pennsylvania.He does not believe the city will get any sales tax from that money. Mr.Richard Mueller,2208 W.Baseline #118,Apache Junction,addressed the council.He reminded everyone of the time Jesus Christ drove the moneylenders from the temple and tipped over the tables.He stated it may be time for them to tip over the tables here. Mr.Thomas Schulke,1889 S.Palo Verde,Apache Junction,addressed the council.He requested the council to instruct staff to provide a copy of the council packet materials to the library so that i t is available to the general public.He also requested that the area west or south of US 60 that was to be excluded in the straw vote for Gold Canyon incorporation be encouraged to vote and urged the city to request this.In regards to the rent increases,he suggested that the council make it clear that they will not favor any rezoning of existing parks for other uses in the event that some of the land purchasers were looking at rising land values and intending to evict the renters.In addition,he suggested the council should do things to promote the supply of this type of property in the community and surrounding areas to create more supply and therefore lessen the demand to control the price of rent.He hopes this will not revolve around rent control as it typically does not work. There are no incentives for a new supply as there is thought of profit or reasonable return;that is how the free market works.That is the reason why the legislature is against this. Mr.Victor Burgess,La Casa Blanca Mobile Home Park,2208 W.Baseline #99, Apache Junction,addressed the council.He also agreed with the comments of Mr.Fox.He thanked the council for listening to their cause for concern, which the state legislature will not do.The management of his park is telling the residents that they got a break on their rent for years and now they must pay the piper.They were given a one year free rent special clause upon moving into the park and their rent would be frozen until the year 2000, whereupon it would be adjusted accordingly.Brandywine has stated the people are only hearing one side of the story.His park invited Kelly Kirkham to REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 4 OF 31 come to their park to listen to comments and questions,but she stated at the meeting that she would not listen to any concerns on rent as that was a dead issue.He and another resident passed around petitions requesting a meeting with Brandywine officials to discuss the rent problem.They had over 260 signatures on the petitions representing 159 homes;only 3 homes turned them down regarding signing the petitions,and 2 were not asked to sign as they are employees of Brandywine.The petition was sent to 3 officials at Brandywine; they have had no response for over a month.He commented they can give them a 90 day period to increase their rent.In order to get the $6,000 moving incentive currently in effect,they have to notify the company within 30 days of the rent increase,giving them only 60 days to find a place and move a home.It costs approximately $20,000 to $25,000 to move.The unit must be out of the park within 45 days of the rent increase,giving them approximately 2.5 months to find a place,move the unit and have it out of the park.There is not enough time under the current law. Mr.Jack Chenault,La Casa Blanca,2208 W.Baseline #60,Apache Junction, addressed the council.He agreed with the previous comments of Mr.Fox,Mr. Burgess and Mr.James.He commented that up until this point this issue had remained faceless;the people at the meeting are the ones being affected adversely by these rent increases.They were raised because these companies can raise them.The laws in Arizona offer nothing in the way of consumer protection rights to homeowners who rent spaces in this park;they are viewed as captives by the park owners.They are aware of the cost to move the homes and the restrictive measures in place by other park owners on the type and ages of homes that they will accept.It is expensive to move them and there is really no place to go.These homeowners are not "trailer -type trash";many of them are college educated and retirees of high paying jobs.They chose to retire to Apache Junction and many of them are volunteers.They are an asset to the community and they are being driven out by unscrupulous,money-grubbing landlords.Apache Junction will feel an economic impact when these homeowners depart the city permanently.He is amazed that the state would allow an outside concern to violate the city's sovereign territory to make a buck off the land and leave nearly none of it in return.Brandywine operates as a real estate investment trust,freeing them from virtually all federal and state income taxes,and they view themselves as proxies for the social security system.Brandywine calls it the market rate,but they are big enough to control the market,which then makes it a monopoly -a controlling monopoly. They need to be reined in immediately.He urged the council to act by passing a resolution that clearly puts Brandywine and others like them on notice that REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 5 OF 31 rent increases designed to drive persons from their homes will not be tolerated.The opposition to these increases must be stated forcefully.To become a good corporate citizen,Brandywine must understand the ground rules and the council must be the body to establish them. Ms.Wanda Schrock,La Casa Blanca,2208 W.Baseline #140,Apache Junction, addressed the council.They moved in last June from Queen Creek.Before they purchased the home,they asked the manager if there would be new owners or if the property would be sold.They were told no.Within 4 days of moving in they were told there were new owners for the park.She commented that is fraud. Ms.Clairette Young,2208 W.Baseline #29,Apache Junction,addressed the council.She thanked the council for hearing them as they have been up against a brick wall where no one would listen to them.The city has really grown since she moved here,commenting the people now living here have built this city up.She stated she does not live in the city,but she owns an empty house in La Casa Blanca.She cannot sell it because no one wants to buy it due to the rent increase.She cannot rent it and she still has to pay for trash removal,sewage and water that she does not use.She currently has her house priced for $20,000 less than what she has in it now,but no one will come out and look at.Meanwhile,Brandywine takes the money out of the state, and the state needs it here. Mrs.Ruth Waters,2208 W.Baseline Avenue #18,Apache Junction,addressed the council.She thanked Councilmember Urich for her presentation during the work session.She urged the council to provide a resolution to provide relief. Council has heard a number of stories,she knows of others.It is costing a resident around $6,000 to move a single -wide 16'home out of the park this coming week;that includes the owners taking down the awnings,taking down the shed and doing most of the work themselves.They have been paying their taxes and should be able to get a $3,000 relief from the landlord and tenant act; they have applied but they do not know if they are going to get that to help them.She added that Susan Brenton,part author of that bill,also represents the Arizona Mobile Home Association,along with AMMHO.She is wearing two hats and is not fairly representing the mobile home owners.The act should be repealed.Economically,$660,000 plus goes out of their park per year in rent.The $130 per month increase will not now be spent in the community. Brandywine is setting aside $50 per unit per year to possibly put back into REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 6 OF 31 the community if it is needed.She does not think that is fair.She added 53 homes cannot be sold. Mr.Tom Trussell,La Casa Blanca,2208 W.Baseline Avenue #103,Apache Junction,addressed the council.He agreed with the comments of Councilmember Urich,Mr.Fox and the others.He added that a business should make a profit, but there should be a limit on a business which enjoys a monopolistic type of control.The landlord speaks of market rent,but rent is what one should reasonably expect the free market to pay.His park is relatively new and very attractive.In order to fill the park,the landlord offered free rent the first year,then $150 per month for the next 4 years.It took over 3 years to fill that park;one would think people would be lining up to fill the park at that rent.Another park near them has 210 spaces and after 3 years they are still less than half full.Their rent is $200 per month.It will take years to fill that one.This tells you that in order to fill a park it is necessary to offer a reasonable rent below the average rent;once the park is 90% to 100% full,the rent can be raised endlessly depending on the landlord.The former is market rent,the latter is average rent.The rationale for raising the rent is that the park is full and the residents are trapped.He commented the company enters the state,buys a half dozen parks,raises the rent and ships the money out of state.The residents buy everything they need here, paying personal property taxes and sales taxes;they are homeowners and they would like to preserve it.These actions should not be allowed.He suggested a balance between the obligation of the landlord and the obligation of the homeowner. Mr.Frits Kuyt,Rancho Mirage,2400 E.Baseline #31,Apache Junction, addressed the council.He commented Brandywine Management Company had recently purchased his park.They increased the rent from $175 per month to $295 per month in one blow.They have heard complaints,but all they do is come up with excuses.He was told that when he moved in his new home into Rancho Mirage 3 years ago that the rent $175 per month with a one year free rent offer.They paid $87.50 per month for two years and paid $175 per month for the third year.Kelly Kirkham claims her company will accept 5 year leases with the first two years at $87.50 per month and the next three years at $175 per month.Therefore,he should still have two more years coming at $175 per month to complete the five year plan,but his rent has been raised to $295 per month.They have some residents who moved in recently and were still in their first two years of $87.50 per month and they have also been raised to $295 per month;they were never given the $175 per month level.The one year REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 7 OF 31 free credit given by the county existed long before Brandywine was ever heard of.Kelly Kirkham did not promote it,but she is taking credit for it.She also uses the term "market rent level".However,there is no recognized market price for rent anywhere.Prices are controlled by competition,and he gave as an example the prices on gasoline.He commented Kelly Kirkham arranged for some of the residents to do a rent survey of other parks in the area;they have not seen the results and they have no idea which parks were selected.People in trailer parks are in less danger from rent increases than the mobile home residents are because they can just hook up and go somewhere else.Mobile home residents are faced with the work and expense of moving their homes,with costs estimated from $12,000 to $20,000 depending on the size of the home.They are virtually trapped in their current parks unless they can do something to stop the random rent increases.They have started organizing twelve mobile home parks with an estimated 3,600 residents and more parks from the state will be joining them.They cannot sell their homes even with lowered prices as no one wants to buy into an area where the threat of random rate increases exists.The manufacturers of mobile homes will see a drop in sales unless this can be solved.He thanked the council for their support. Ms.Agnes Miller,Desert Harbor,3700 S.Ironwood Drive #152,Apache Junction, addressed the council.She commented she agreed with everything that had been previously stated.She added she was on the committee at her park to look at rents in other parks.Upon meeting with Kelly Kirkham to tell her what they had found,they were told that every place that has .a cheaper rent than what they are paying is currently being bought by Brandywine;those rents will be raised.They were told that Brandywine was only interested in raising the rent to the fair market value,not gouging the renters.Since they are buying all the cheaper parks and raising the rent,they are then setting the market value and gouging the renters.No one is buying in the park,and they were not given an incentive rent.Their park is less than half filled.They have two pools,but there is no upkeep for the grounds other than the external areas.They spent a lot of money on getting the exterior wall painted white, making it look like a state hospital,and they are getting a little bit of shrubbery added.These improvements do not call for that kind of increase. Ms.Mary Happel,La Casa Blanca,2208 W.Baseline Avenue #164,Apache Junction,addressed the council.She cannot understand why they have to pay this kind of rent to have their house on someone else's ground and they are then told who they can have in their own home or how many they can have in REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 8 OF 31 their own home.Some people have 3 or 4 bedroom homes but only two people can live in there.She cannot have her mother live with her sister and she without having to pay an additional $25 per month in rent.They pay for trash,water,sewer and everything else in that park.It was originally $10 per month,now it is $25 per month.They also have to pay extra if they want to have a pet,yet nothing is provided by the park for that pet.There is no dog run or dog row;you have to take your dog outside the park onto the city streets. Mr.T.E.Cosgrove,3500 S.Tomahawk #181,Apache Junction,addressed the council.He had given copies of his statement to the city clerk to distribute to the council previously.He supported the comments made earlier.He stated there may be allegations that these outside investors need the increase in rent to service their debt or operate the parks.It appears the investors were either overcharged or did not investigate the operational history of their purchase,so they do not appreciate the realities of life if Arizona. He urged the council to support licensing restrictions on the sale of manufactured home parks,a moratorium on rent increases and/or rent increases limited to a specified percentage of the CPI.He urged the council to solicit support from other municipalities on this problem as they did with the school impact fees. Ms.Mary Ann Gilman,La Casa Blanca,2208 W.Baseline #31,Apache Junction, addressed the council.She had a newspaper printed by Brandywine that was printed in June.It shows how they were lured into buying their home.It states someone can buy one of their homes fully furnished for $5,000 after the park is fully filled.She briefed the council on a Florida law that the owners quote that would force the landowner and the tenant to get together to arbitrate,or they go to court.It would also give the tenant first right of refusal.She urged the council to get the state legislature to consider the Florida law. Ms.Lucille Tuffree,2208 W.Baseline #100,Apache Junction,addressed the council.She stated she is moving her home out of Brandywine at La Casa Blanca.It is costing her in excess of $23,000 to do so.Brandywine has also requested that they remove the concrete and landscaping after they have moved out,adding another $3,000.She did not want to leave the city,but she did not have another recourse.She is now moving to Mesa. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 9 OF 31 Mr.Jerry Dean,825 W.12th Avenue,Apache Junction,addressed the council. He commented that anyone that says people should get involved should come see him,because you cannot beat city hall.For the past four months he has investigated the police department.They do not care about anything in Apache Junction unless certain people are involved.He stated he had gone in to ask Kate Morris what was happening to Sunrise Shadows Subdivision.No one there at the time could answer him as Kate Morris was not there.He later contacted Kate Morris and she told him the subdivision was none of his business.He stated they have gone through games with the owner and the people who are supposed to be developing it.They have formed two committees,one for the wall and one for the plantings,yet he was told it was none of their business. He commented on various stop signs that were to be installed in the city on streets that do not exist;he was told there was no final plat by staff.He commented on people sleeping out in the desert within a quarter mile of his house and some people making a warming fire in a culvert.In addition,he had found a pile of cold tablets across from the culvert about a week earlier that were still there that he had already reported.He is concerned that these tablets were being used to make methamphetamines and that there are children nearby playing.This is at the corner of 12th Avenue and San Marcos.He stated he had picked them up and put them in a bag,which he gave to city staff.He commented since city staff does not respect the citizens nor know that the citizens pay taxes,he was requesting the mayor and council to ask for the immediate resignation of Curtis Shook. CITY MANAGER'S REPORT City Manager Curtis Shook attempted to introduce Economic Development Specialist Kerry Lyman,but he had been unable to stay due to the size of the crowd.He commented there are two initiatives pending,one on the vehicle license tax and one on income tax.Both are state -shared revenues.The initiatives may sound good from a consumer's standpoint,but their impact would be felt in the city.Under the vehicle license tax initiative,the city would lose approximately $500,000 under the current proposal annually.Under the income tax initiative,it would be a 100% reduction which would cost the city $2.1 million annually.Combined,it would be 20% higher than the police department budget.It is about 30% of the general fund budget.He is concerned that citizens will be told it will save them money,when in fact it will jeopardize basic services.House Bill 2035 involves the income tax rate reduction,and there are several bills in Ways and Means that would effect the state model tax code. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 10 OF 31 Councilmember Durbala asked what the city lobbyist was doing regarding the legislation being introduced on sales tax. City Manager Curtis Shook stated since it is not on the agenda he can say no more other than that the city is obviously opposing some of these bills.He wanted to bring them to the attention of the council and urged the people in attendance to contact the legislators and ask them to be wary and careful of these deep cuts in state -shared revenues. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION RESOLUTION IN RESPONSE TO PROPOSED PARK RENT INCREASES )Councilmember Urich briefed the council on the item.She commented they had heard from 17 people tonight,and she was sure there were others who would have spoken.She urged the council to approve the direction to staff that she wished to make. Councilmember Eck stated it would be nice to have a building of adequate size to be able to hold everyone who wanted to attend.He commented that the council had heard the peoples' message and they would handle it to the best of their ability.The council works as a team and they will do everything they can to try to help them with their problem. Councilmember Durbala commented a number of state legislators have commented they would not bring this up at this legislative session.He hopes the city will be the frontrunner in the state for this issue by sending in a resolution,as it was the frontrunner in school impact fees.He reminded everyone that this could not be accomplished overnight,that i t is a slow process.He encouraged the people to go to other manufactured home parks in the other cities and get those people to go to their government en masse and get them to support a resolution.This is how the law may be changed.This council will probably pass a direction tonight and the resolution will probably be approved at the next meeting. Councilmember Insalaco agreed with what had already been said,and added it would be a cold day before he votes for any developer coming in and wanting to develop a mobile home park.He stated the council will do what it can,but their hands are tied to a certain REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 11 OF 31 extent.He added that sooner or later he,his relatives or others will be in the same situation as these people are in,so any help now will help in the future. Vice Mayor Surra suggested the comments from the speakers and any resolution adopted by the council be made available to other city councils so they can join forces with Apache Junction and at the same time give them an example of what is needed for their legislative representative. Mayor Coleman commented he recalled that the city took over Consolidated Water Company when it was going to raise the water rates by 85%.The city had the ability to go to the corporation commission and be heard and Consolidated had to justify the increase to the commission.To him,this is an example of a near monopoly.Once the home is set,one is rather committed.He would like to see someway for Brandywine and the other park owners to be brought to the table so that they can hear the residents concerns and try to resolve the problem. Mayor Coleman closed the discussion with no one else wishing to speak and called for a motion. Councilmember Urich MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION TO THE GOVERNOR AND STATE LEGISLATORS TO FIND A MEANS OF INCREASING PROPERTY RIGHTS OF PEOPLE THAT LIVE IN MOBILE HOME PARKS, MANUFACTURED HOME PARKS AND/OR RV PARKS.FURTHER,THAT THE GOVERNOR AND STATE LEGISLATORS FIND MEANS TO FIND RELIEF FOR OUR STATE CITIZENS THAT ARE IN THIS PREDICAMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich stated she had another motion.She MOVED THAT THE CITY ATTORNEY RESEARCH THE ABILITY OF THE CITY OF APACHE JUNCTION TO PASS A RENT CONTROL ORDINANCE IN MOBILE HOME PARKS, MANUFACTURED HOME PARKS AND/OR RV PARKS. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 12 OF 31 Councilmember Durbala asked to amend the motion.He MOVED TO ADD APARTMENT COMPLEXES,COMMERCIAL PROPERTIES AS WELL. Councilmember Urich refused to accept the amendment. Councilmember Durbala stated if they are looking at rent control they also need to look at apartment complexes as they are in the same situation. Vice Mayor Surra suggested changing the wording.She suggested they are not looking for rent control,but anything that the city attorney can give them that will allow the council to exert more authority over rental properties.This would not necessarily control rent,and it could serve the purposes of the city better without getting into rent control.Rent control will bring up free market barriers. Councilmember Urich asked her to restate her friendly amendment. Vice Mayor Surra MOVED TO CHANGE COUNCILMEMBER URICH'S WORDS FROM "RENT CONTROL" TO "THE CITY'S POSSIBLE AUTHORITY IN THE CASE OF RENTAL PROPERTIES". amendment. AMENDMENT. VOTE:Unanimous. The motion carried. minute break. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 13 OF 31 Councilmember Councilmember Urich accepted the Eck SECONDED THE Mayor Coleman called for a ten Mayor Coleman reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR A.J.'S MINI MART )City Clerk Kathleen Connelly briefed the council on the item.This was first heard at the last council meeting.There were some outstanding questions at that time so council had requested a continuance.The applicant was notified to attend the meeting to answer any questions.It is council's discretion to proceed;the city has to respond to the state by February 5. Mayor Coleman requested the applicant address the council. Ms.Linda Pearson addressed the council.She stated she was there to answer any questions and she had brought some plans with her if they had any concerns there. Councilmember Eck asked what type of plans she had brought. Ms.Linda Pearson stated there had been some question as to whether they were going to be doing any street improvements.She brought the plans indicating what they were expecting to do;though most of it is already in. Vice Mayor Surra asked if she was hearing there were proposed improvements versus scheduled improvements. Ms.Linda Pearson stated they are basically all permitted.The problem was part of the property had been sold off between the permitting and the completion of the project.The new owners had to give them permission to do the improvements.She has a letter from them giving them permission. Vice Mayor Surra asked when that would be completed. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 14 OF 31 Ms.Linda Pearson stated the city attorney stated they would be allowed to complete the improvements as soon as a copy of the letter was given to the city.They are ready to do that now. Vice Mayor Surra stated this would take away her issues and concerns from the last meeting regarding the safety of those people entering the property. Ms.Linda Pearson stated there will be a 5'wide sidewalk,curb and gutter. Vice Mayor stated she had no problem with continuing the public hearing and finishing this item. Councilmember Eck asked if the sidewalk will be extended to the mobile home park and connect up there. Ms.Linda Pearson stated that was correct. Councilmember Insalaco asked if they were still waiting to hear from the owners of the other property. Ms.Linda Pearson stated she already has a letter which she will be giving to the Public Works Department tomorrow. Councilmember Insalaco asked who the new owners are. Ms.Linda Pearson stated they are CAX La Casa Blanca East LLC. There was general discussion from the council over this property being owned by Brandywine,and that it was zoned for a hotel and not a mobile home park with rental spots. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for any further council discussion.There being no more discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 15 OF 31 Councilmember Durbala MOVED THAT THE APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY COMPANY,SERIES 10 LIQUOR LICENSE FOR A.J.'S MINI MART BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:5-2 (Councilmembers Insalaco and Urich voted in opposition.) The motion carried. BINGO LICENSE APPLICATION FOR SIERRA LEONE MOBILE PARK )City Clerk Kathleen Connelly briefed the council on the item.This is for a small game bingo license request.The applicant was present to answer any questions. Mayor Coleman requested the applicant address the council. Mr.Howard Morris,Sierra Leone Mobile Park,addressed the council.He commented they had bingo in the park up until two years ago.At that time they dropped it for lack of interest. They now have people who want to play bingo again,and since he has past experience they have asked him to run the bingo. Councilmember Urich asked if they would just have the bingo for the park residents. Mr.Howard Morris stated it would be open to the public if they want to come. Councilmember Urich commented the public cannot come according to this bingo license.It is for park residents only. Councilmember Eck stated there are REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 16 OF 31 some licenses where you can only have your park members,unless you have a different license.The type of license this park is going for is for immediate park members only. Mr.Howard Morris stated it will be a low payoff. City Clerk Kathleen Connelly stated they would run into conflict with the zoning laws if they opened it up to the public. Councilmember Urich restated that it would just be open to park residents. 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 to council discussion. Vice Mayor Surra asked where the money taken in will go:she wanted to know the purpose for having bingo. City Clerk Kathleen Connelly stated any profits would have to be put back into the park. Vice Mayor Surra asked the applicant what they intended to do with any income from the bingo. Mr.Howard Morris stated they would be paying all the money out.According to the license,they cannot retain any of the money that they take in. Vice Mayor Surra asked if they would be doing anything in the park for the park residents with that money. Mr.Howard Morris stated the bingo is just for the enjoyment of the people. Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 17 OF 31 Councilmember Dietz MOVED THAT THE APPLICATION FOR A NEW BINGO LICENSE FOR SIERRA LEONE MOBILE PARK BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.99-59/PRELIMINARY PLAT FOR FRY'S NO.65 COMMERCIAL SUBDIVISION )Long Range Planner Kate Morris briefed the council on the item.This plat was unanimously approved by the Planning and Zoning Commission.The commission would like to add a stipulation to add a right hand turn only driveway for Idaho.There are 7 commercial lots at the southeast corner of Phelps and Apache Trail.Lot 5 will be a retention area. Councilmember Durbala asked if the driveway recommended by the commission had already been an issue earlier as it is a state highway;the city does not have the authority to designate that. Long Range Planner Kate Morris stated the Arizona Department of Transportation response was that there was not a requirement for an additional deceleration lane or turn lane. Councilmember Durbala commented it should probably be taken out again at this time. Long Range Planner Kate Morris stated the city attorney can direct from there. City Attorney Joel Stern stated he cannot give the commission legal advice as he is not their attorney.However, the stipulation should be removed as it is under state jurisdiction completely.A stop sign was also suggested,and since it is in the public REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 18 OF 31 right-of-way,a stop sign can be placed and enforcement action can be taken on it. Mayor Coleman asked if the applicant was in attendance.The applicant was not.Mayor Coleman opened the public hearing on the item. Mr.Tom Schulke,1889 S.Palo Verde, Apache Junction,addressed the council.He asked if there would be a southbound turn lane for Idaho,and whether it would be for traffic going into or out of the subdivision.He thought it would be a good idea to have a right turn lane for southbound Idaho traffic. Councilmember Durbala stated they cannot do a right turn lane coming from Fry's onto Idaho because the roadway is in state jurisdiction. Mr.Tom Schulke asked if they would be able to have a right turn deceleration type lane in front of Walgreen's,or if that also is controlled by the state. City Attorney Joel Stern stated that is within the state right-of-way on Idaho Road,so only the state would be able to do that. Mr.Tom Schulke requested that the city contact the state with that request. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.99-59,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR FRY'S NO.65 COMMERCIAL SUBDIVISION,CASE NO.SD -99-05,BE APPROVED WITH DROPPING THE STIPULATION NO.2 THAT THE DRIVEWAY ON IDAHO SIDE OF THE SHOPPING CENTER BE RESEARCHED BY THE CITY ATTORNEY FOR A RIGHT TURN LANE ONTO IDAHO. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 19 OF 31 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-01/PRIVATE ACCESS EASEMENT CASE PA -1-99 BY KOS/ LESIEUTRE )Associate Planner Rudy Esquivias briefed the council on the item.This is a 5 acre property on Cactus just south of Superstition Boulevard.They wish to put the access on the south side of the parcel.The LeSieutres are in the process of purchasing the property from Kos,and they would like to create 3 parcels from it.A private access must be created to service all three parcels.Council can approve and require the easement meet street standards.In the past council has required the easement to be similar in standard to the roads in the area.Cactus is paved but has no sidewalks,curbs or gutters.The applicant has agreed to pave the easement,which staff feels is reasonable.The resolution contains stipulations approved unanimously by the commission.The city is asking for a dedication in exchange for the private access easement.The city engineer will be receiving survey maps and he believes the easement could be paved to alley standards.The applicant will have to salvage any large plants.These parcels will be addressed off of Cactus,with each having their own mailbox. Vice Mayor Surra asked what will be going in on the three parcels. Associate Planner Rudy Esquivias stated it is zoned GR which permits either conventional homes or manufactured homes.It also permits horses,agricultural and horticultural uses. Vice Mayor Surra commented they would be staying to an 1.25 acre minimum lot.She does not see a problem with the alley standard of street.However,for safety she would like to see the lots labeled easily by mailboxes so that police,fire and ambulance can respond quickly.She would like to see that added to the resolution. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 20 OF 31 Associate Planner Rudy Esquivias stated he believes the fire department is now asking for 6"letters on a contrasting background. Vice Mayor Surra stated there should be no problem as the applicants are very community -minded.However,she would like to have it added in case the applicants end up not being the purchasers. Mayor Coleman asked the applicant to address the council. Mr.Rene LeSieutre addressed the council.He stated they would do what is right,including paving the road. He complimented Rudy Esquivias on the job he had done. 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 to council discussion. Councilmember Eck commented he remembers this property coming before him three years ago when he was new to the council,and he is more comfortable with the current proposal than the one before him the first time.He thinks this is a good project. Mayor Coleman closed the discussion with no more comments and called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.00-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AUTHORIZING THE CREATION OF A TWENTY-EIGHT FOOT (28')WIDE PRIVATE ACCESS EASEMENT PURSUANT TO THE CITY CODE OF APACHE JUNCTION,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE, ARTICLE 20 PARKING.LOADING.AND INTERIOR OR PRIVATE STREET STANDARDS,SECTION 20.0108 PRIVATE ACCESS WAY STANDARDS,IN CASE PA -1-99,FOR THE PURPOSE OF PROVIDING LEGAL ACCESS TO CERTAIN GENERAL RURAL -ZONED PARCELS DESCRIBED HEREIN,BE APPROVED WITH THE STIPULATION OF PROPER LABELING OF THE THREE ADDRESSES THAT THIS WOULD CREATE. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 21 OF 31 VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-02/PRIVATE ACCESS EASEMENT CASE RA -2-99 BY WORTHINGTON/VIK/VEHON )Associate Planner Rudy Esquivias briefed the council on the item.This is a similar request but at a different location from the last item.It is located on Scenic east of Idaho Road.The applicants are requesting a private access on the west side of the property. Staff believes this will be a rental property,and it may have manufactured homes or site -built.The applicants were requesting a waiver on improvements as they would like to see how the surrounding area develops.Staff is recommending the private access easement be paved;the city engineer is requesting it be paved to alley standards.The stipulations are the same as in the last case except that the city is not asking for a dedicated right-of- way as i t already is dedicated.The proposal received unanimous approval from the planning and zoning commission. Mayor Coleman requested the applicant address the council. Mr.Tony Vehon addressed the council.He stated they had asked for a waiver of the requirement for paving this street because it is a 500'street going nowhere.There would be only 2- 3 cars on it.They would prefer to do some type of dustproofing.They are still requesting the waiver but they will go with the council's decision. Vice Mayor Surra asked what the plans are for this property. Mr.Tony Vehon stated the gentleman purchasing the property would probably like to do something better with the property over time.There is no water or sewer and probably something commercial will go to the west.The current intention is to rent it out as possible mobile home lots,moving those off later and developing the property. Vice Mayor Surra asked if they would be putting up the residences that they would be renting. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 22 OF 31 Mr.Tony Vehon stated they would not.They will subdivide it into 3 mobile home lots,rent it to someone who will pull their mobile home on and live there for some time.It may also be sold off in the future without being developed.The intention is to do something better with the property,just not today. Councilmember Dietz asked if they were planning on doing actual land splits. Mr.Tony Vehon stated they are, otherwise there is basically one property that could only have one residence. The most they can get is 3 lots. Councilmember Dietz asked if they would develop each lot individually in the future. Mr.Tony Vehon stated that was correct,though they could recombine them back into one lot at some point to do a larger project. Councilmember Eck asked if they were going to have 1.25 acre lots on the north side of Apache Junction for a minimum. Mr.Tony Vehon stated there would be two 1.25 acre lots and a 2.5 acre lot.They cannot go any smaller without rezoning it. 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 to council discussion.There being no further discussion,he called for a motion. Councilmember Eck MOVED THAT RESOLUTION NO.00-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CREATION OF A TWENTY-EIGHT FOOT (28')WIDE PRIVATE ACCESS EASEMENT PURSUANT TO THE CITY CODE OF APACHE JUNCTION,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE, ARTICLE 20,PARKING.LOADING AND INTERIOR OR PRIVATE STREET STANDARDS,SECTION 20.0108,PRIVATE ACCESS WAY STANDARDS,IN CASE PA -2-99,FOR THE PURPOSE OF REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 23 OF 31 PROVIDING LEGAL ACCESS TO CERTAIN GR-ZONED PARCELS DESCRIBED HEREIN, BE APPROVED. Vice Mayor Surra asked if he was going to ADD THE STIPULATION ABOUT LABELING THE ADDRESSES THAT ARE CREATED BY THIS SPLIT. Councilmember Eck agreed. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1111/STREET ABANDONMENT REVISIONS/PROPOSED ORDINANCE NO.1113/AMENDING CITY CODE,ADDING ARTICLE 4-6 PUBLIC WORKS FEE SCHEDULE FOR ROAD ABANDONMENTS AND RIGHT-OF-WAY EASEMENT EXTINGUISHMENTS )City Engineer Paul Stears briefed the council on the item.The changes involve the lowering of fees for single family residences to $100,multi -family to $350 and commercial to $450 for the processing fee.Staff is recommending the city no longer process the abandonment for the utility easements. Mayor Coleman opened the public hearing on the item. Ms.Cindy Nuttal,885 N.Vista Road, Apache Junction,addressed the council.She currently has her name on the list to have an easement abandoned.She stated they were told there was a moratorium on them when then moved onto their property,so they are happy to see that the city is considering doing this again.She urged that this be done quickly so they can take care of some of the problems on their property. Councilmember Eck asked her what problems she was having. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 24 OF 31 Ms.Cindy Nuttal stated they purchased a new home from a builder and he put their driveway in the easement. It is shared with their neighbor and they have been having problems with that neighbor sharing it.They now have to build a driveway up the middle of their property and they would like a fence up on the property,which they currently cannot do due to the easement. Vice Mayor Surra asked if this problem would be assisted or hampered by the new language being proposed. City Engineer Paul Stears stated he believed it would be neutral.In the case where someone wants to put up a fence on their property line,they would not be giving up the additional 33' for the fence line.Therefore,in this case,it would be beneficial;in others,it may not. Vice Mayor Surra asked if the Nuttals had been given a fee schedule for this abandonment. City Engineer Paul Stears stated they have not as it was not ready at the time he spoke to them.He commented i t is being lowered from $250 to $100 for a single family residence. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Durbala asked the city engineer to go over the fees again.He is trying to figure out what is meant by a couple of things. City Engineer Paul Stears commented the general application filing fee is $450. Councilmember Durbala asked if that is the way the city normally writes a fee.He asked if that should just say it is $450 per application. City Engineer Paul Stears stated they could. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 25 OF 31 There was general discussion as to whether the word "generally" should be used in the application filing processing fee,or if it should be specific. City Attorney Joel Stern recommended they reopen the public hearing due to this being a separate item. Mayor Coleman opened the public hearing on Ordinance No.1113. Ms.Penz Teebaum,1876 W.12th Avenue,Apache Junction,addressed the council.She agreed that the word general should be removed from the ordinance and that it should be specific. Ms.Cindy Nuttal,885 N.Vista, Apache Junction,requested that they strike the word also. Mayor Coleman closed the public hearing and,with no further comment from the council,called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1111 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1111,AS READ BY THE CITY CLERK,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 26 OF 31 VOTE:Unanimous. The motion carried. Councilmember Durbala asked if he was filing an application,the fee would be $450. City Engineer Paul Stears stated that was correct. Councilmember Durbala asked if a multi -family would pay an additional $350 for a processing fee. City Engineer Paul Stears stated that is not correct.It breaks down depending on the application.It would be either $450,$350 or $100 depending on the application. Councilmember Durbala suggested that this be made clear in the ordinance. Vice Mayor Surra commented the stipulations in any of the ordinances should be clear cut.It should be made user friendly. Councilmember Durbala read the parts of the ordinance that were confusing.It should be made clear so there is no problem. City Clerk Kathleen Connelly stated someone may come in with more than one piece of property at more than one location and may take it for granted that they only have to pay one fee.In reality,they have to pay different fees for different properties. Councilmember Durbala commented it says per application. Vice Mayor Surra stated qualifiers can be put on it.She suggested continuing the fee schedule until the wording is clear for the council. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 27 OF 31 City Clerk Kathleen Connelly stated it would mean that people cannot file their applications. Councilmember Durbala stated they would have to wait another two weeks in order for this to come back with the proper wording.He added the city attorney did say that it was okay,but he is concerned. Vice Mayor Surra commented it then takes an attorney to be with the person who is filing the application.That should not be necessary.She suggested passing the fee schedule so they could get something into the books and then amending it at the next meeting. City Clerk Kathleen Connelly stated it would then have to be a separate ordinance. City Attorney Joel Stern commented there is no emergency clause so it still would not be valid for 30 days.He suggested they continue the item. Public Works Director Doug Dobson stated they could just say they have a (1)$450 application fee with exceptions #2 and #3.Exception #2 would be the applicant with abutting property and exception #3 would be the single residence. Councilmembers Eck and Insalaco agreed with that wording. City Attorney Joel Stern commented he still thought it should be brought back. Vice Mayor Surra commented they still need to add the wording of per location.She would like to see it brought back. Councilmember Durbala agreed.He MOVED THAT WE CONTINUE THIS UNTIL OUR NEXT SCHEDULED MEETING WHICH IS FEBRUARY 1;HAVE THIS BROUGHT BACK WITH THE CORRECT LANGUAGE IN ORDINANCE NO.1113 IN THE FEE SCHEDULE. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 28 OF 31 Councilmember Eck SECONDED THE MOTION. VOTE:5-2 (Councilmembers Insalaco and Urich voted in opposition.) The motion carried. OLD BUSINESS. None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None.(Item heard earlier in meeting.) SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JANUARY 31,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 1,2000, IN THE CITY CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala reminded everyone of the council and staff workshop on January 22. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 29 OF 31 Councilmember Eck commented he would not be in attendance at the January 31 work session,but he would leave detailed information on his discussion. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:28 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 4,2000. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Jim Ricker,Bob Mayes,Peter Plante,John Bostick,Rick King,Ron Simerac,Frank Granillo,Andy Amando and Jim Trout. 4.Approval of Bid PW 99-29 for Diesel Tandem Cab and Chassis to the lowest and best bidder. 5.Approval of Bid PW 99-32 for Vibratory Asphalt Compactor to the lowest and best bidder. 6.Approval to Purchase Fleet Vehicles using the State of Arizona Purchasing Contract (purchase approved in the FY 1999-2000 budget.) ACCEPTED THIS 1sT DAY OF FEBRUARY ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF FEBRUARY DOUGLAS CLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 30 OF 31 ,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 18th day of January,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of January,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2000 PAGE 31 OF 31