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HomeMy WebLinkAbout1991-10-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING October 1,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 1,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Alger led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Cox Councilman Perkins Councilwoman Alger Councilman Coleman Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Senior Planner Jim Nakagawa Assistant Planner Rudy Esquivias Economic Development Manager John Schoeph Building and Safety Manager Lynn Underwood Howard E.Hines,1774 N.Starr Rd.,Apache Junction,85219 Margaret Jones,2945 E.Tepee St.,Apache Junction,85219 Bill McDaniel,737 W.Rosal Ave.,Apache Junction,85220 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 1 OF 17 Geraldine Washington,1083 W.Shiprock St., Apache Junction,85220 Joan Parrish,1031 W.Shiprock,Apache Junction Cora Blatterspiel,760 E.Mesquite,Apache Junction,85219 Neil Houck,1505 S.Sixshooter Rd.,Apache Junction,85219 Midge Conway,902 S.Ocotillo Dr.,Apache Junction,85220 Floyd Kenison,2292 N.Ironwood #85,Apache Junction,85220 Nancy Koerner,1026 N.Goldfield,Apache Junction,85219 Anne Surra,1150 E.Estevan,Apache Junction, 85219 Tony Vehon,230 W.Tepee St.,Apache Junction, 85220 W.D.Thorpe,1615 N.Delaware #44,Apache Junction,85220 Keith Stachar,1153 N.Holmes,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eidson MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE TERM OF OFFICE FOR DALLAS DEWEY,CONSTRUCTION BOARD OF APPEALS,BE AMENDED TO EXPIRE JUNE 30,1992;AND THAT THE AUDITED FINANCIAL STATEMENTS AS OF JUNE 30,1991,BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO.91-37,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AN INTERGOVERNMENTAL SUB -GRANT AGREEMENT BETWEEN THE ARIZONA STATE GOVERNOR'S OFFICE FOR CHILDREN AND THE CITY OF APACHE JUNCTION POLICE DEPARTMENT,BE APPROVED AND THAT ITEM #10 BE MOVED UP TO AFTER CITY MANAGER'S REPORT. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Introduction of Distinguished Visitors and Guests There were no introductions. AWARDS.PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 2 OF 17 None. CALL TO THE PUBLIC Mayor Damiano stated that because of the Open Meeting Law,Council may not be able to discuss the matters with the public at this time.However, City staff would follow up at the earliest possible time.He advised the public that only those items listed on the agenda under Public Hearing are open for public input and asked that any one wishing to comment on any other item on the agenda may do so at Call to the Public. Mr.Floyd Kenison,2292 N.Ironwood Dr.,spoke in favor of the Hospitality Industry Tax.Also,he asked Council that consideration be given to setting the speed limit on Ironwood and Meridian to 45 mph.He said he has noticed those are deserted areas with almost no pedestrians around. Mr.Neil Houck,1505 S.Sixshooter Rd.,spoke in behalf of the Superstition Horsemen's Association,as chairman. He expressed support for the Hospitality Industry Tax as a source of revenue and said proper allocation of these funds is of great significance to Apache Junction.Mr.Houck reported that the Superstition Horsemen's Association voted in favor of the Hospitality Industry Tax. Mrs.Midge Conway,902 S.Ocotillo Dr.,expressed support for Hospitality Industry Tax.She stated that 18,000 permanent residents of Apache Junction can no longer bear the burden of furnishing services and entertainment for a 40,000 increase population in the winter.She said it has been reported that people traveling across the country pay as much as one dollar a day at RV parks,and they don't question this. Mr.Tony Vehon,230 W.Tepee St., spoke against the Hospitality Industry Tax.He stated that in the Arizona Statutes the law describes it as a "discriminatory transaction privilege tax" because it is applied to a certain class of people;and,therefore,funds from this tax should benefit that same class of people.He said he would like to see the City doing positive things,instead of talking about taxes;things that would make people who even live here want to stay and shop in Apache Junction and to those who live elsewhere to come here and maybe they will also decide to move here. Ms.Nancy Koerner,1026 N.Goldfield Rd.,spoke in favor of the Hospitality Industry Tax.She stated that one of the main sources of revenue for Apache Junction is based on the census population.She explained the present tax structure and when there is a non- resident increase in population no additional funds can be collected.She said that an extra tax in the form of the Hospitality Industry Tax would be appropriate in this situation. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 3 OF 17 Ms.Anne Surra,1150 E.Estevan, expressed support for those who spoke in favor of the Hospitality Industry Tax.She stated she has witnessed the efforts done by the City to economize and commended Mrs.Conway for her research on this issue.She stated the permanent residents of Apache Junction are no longer able to bear all the costs incurred by providing those services without the assistance from the part-time resident. Mr.W.Dean Thorpe,1615 N.Delaware Dr.,Space #44,spoke against the Hospitality Industry Tax.He stated the winter visitors are already paying their share either directly or indirectly. Keith Stachar,1153 N.Holmes,he agreed with those opposing the Hospitality Industry Tax.He stated it is because of the winter visitors that the present businesses in the City exist, which are for the benefit of all in the community.He said this tax would have a negative impact on new development and expansion of the existing one. Mrs.Cora Blatterspiel,760 E. Mesquite Ave.,thanked Council and those responsible for cleaning up the property at 601 E.Mesquite Ave.She stated Father Maloney has being consulting with Protestant Ministers in the area expressing his opinions and urging them to encourage feelings against the tourist tax. Ms.Geraldine Washington,1083 W. Shiprock,complained about abandoned houses that are trashy and represent a problem in the community.She was concerned that children would go into these places and get hurt.She asked Council the City do something to have these cleaned up. Ms.Joan Parrish,1031 W.Shiprock, relayed problems that she and others have encountered in trying to clean up their neighborhoods. City Attorney Glenn Gimbut informed Ms.Parrish the City has recently instituted a new program in an attempt to more efficiently confront those kind of problems.He stated a police officer has been assigned to the Department of Development Services on a full time basis. Ms.Sharon Rollins,564 W. Greasewood,spoke against the Hospitality Industry Tax.She said that as resident and business owner in Apache Junction she is very concerned that the bed tax is going to make winter visitors shop elsewhere.She stated she is president of the Apache Junction Sister City Organization,which at this time is working on a sister city relationship and when she goes to promote the City she wants to be proud of Apache Junction,but the negative attitude towards the winter visitors does not reflect well on the City. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 4 OF 17 Ms.Debbie Anderson,850 E.Navajo Ave.,was against the proposed Hospitality Industry Tax.She stated she is a business owner and her sales tax triples in the winter and this indicates that they are paying their fair share taxes.She agreed with others that this tax will make winter visitors go away from Apache Junction and said the money from this tax will not be enough to provide the services to make up for what the City is going to lose. Mr.Bob Trepp,2300 W.Apache Trail, stated he is a business owner and owns about two-thirds of an acre property on Apache Trail.He also said his sales increased through July but in August, when the freeway opened,he suffered a decline and even more in September. Therefore,sales tax to the City would be less too.He believed that anything the City does with a negative connotation that would reflect on business is going to affect its revenue directly through the sales taxes. CITY MANAGER'S REPORT City Manager Michael Lee reported the City has entered an Inter- governmental Agreement with the Town of Gilbert to provide sharing services and resources.The Town of Gilbert has today striped approximately 15.5 miles of Apache Junction streets and there are still about 45 miles to do to complete this project,which is normally done twice a year.He said at a later date the City of Apache Junction will be doing paving work in Gilbert. This is an effort of the City to work more efficiently and productively and be more creative in saving dollars. Mr.Lee reported the City recently hosted an intergovernmental coordination meeting with other entities including most of the cities and towns in Pinal County;representatives from Gila and Maricopa Counties.The purpose of this meeting was to explore additional ways in which local government in this region can share services and help one another.The City is also in the process of entering Intergovernmental Agreements with Pinal County to share maintenance of road and streets and other similar projects. Mr.Lee also reported recent short-cuts in Personnel.One vacancy is in the City Clerk's office due to retirement which will not be filled;and another clerk's position which was vacant because of illness is being replaced only part-time.Also,the Deputy City Clerk resigned and this position was replaced with an employee from the Development Services Department which has created an additional vacancy in that department as the position of Director of Development Services remains vacant budget wise and is being filled temporarily by Assistant City Manager George Hoffman.Mr.Lee stated the City has reduced staff by about 20 positions so far.He emphasized it is evident that the City is striving to be as productive and efficient as possible,but is reaching the point where the City will not be able to cut-off any more. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 5 OF 17 Mr.Lee reported various meetings that Mayor Damiano and himself have attended:CAAG (COG)meeting in Florence,regarding the CDBG distribution funds;and Pinal County Alliance meeting in Coolidge. DIRECTION TO STAFF REGARDING HOSPITALITY INDUSTRY TAX )Mayor Damiano called upon the Economic Development Manager to address this item. Economic Development Manager John Schoeph stated the Economic Development Commission has made a proposal in terms of a formula to be applied in the form of a surcharge to the Hospitality Industry.He stated the elements of that proposal are based on segmenting the industry into rental properties for less than six months.He said this proposal has been framed based on an occupancy rate that is reasonable on the assumption that half of the spaces are rented half of the time,and that is applied under various rate variations to enable Council to make judgements as to whether this approach is fair in accomplishing the mission of the City in raising funds for the purpose of enhancing community life for both visitors and residents of Apache Junction. City Attorney Glenn Gimbut stated he was requested by Councilwoman Barker to provide a breakdown or a method of tax collection and how rates would apply on a mechanical methods as if being collected through a business license type of program. Councilwoman Barker explained the reasons of her request to Mr.Gimbut.She stated the original proposal from the Economic Development Commission was too general as far as rental units and it seemed to her that many people who were year round residents and rent apartments and houses would also be affected by that.She said she wanted those places rented by permanent residents eliminated from the list of areas for the hospitality tax.She stated she was looking for hotels,motels, campgrounds,camp spaces,RV and travel trailer pads that are occupied by winter visitors. Vice Mayor Eidson stated the response the City received from the State regarding this tax levy is that they will collect for the City a percentage amount for a period of 30 days only and then the City would have to collect thereafter.He stated he did not quite understand the method of tax collection as submitted by Mr.Gimbut and agreed with Councilwoman Barker that permanent residents be excluded from this tax. He stated he did not clearly understand some factors and did not feel comfortable voting on this now,and expressed concern for the fact that it is unknown whether this tax would affect businesses in Apache Junction and to what extent.He said that a starting point for use of the funds would be to improve the main areas of the City such as downtown,with sidewalks and curbs and gutters so that people who live in those areas can walk the area to shop without having to walk on the streets. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 6 OF 17 Councilman Perkins stated his concern is also over the method of tax collection but his main concern is for the attitude of "don't do anything,leave the thing the way it is;let's not develop our future."He stated that people will leave this area faster if the City does not develop and create something for people to come here.He stated he feels strongly that the use of these funds should be for tourism and not the general fund,or street improvements.He stated his theory is that if the City develop its tourism first then people are going to come and shop here and are going to create more business,and as businesses increase these will create more revenues and the City will be able to do other things.He suggested developing parks,golf courses and riding trails that will bring people to this area.He stated that any business owner would have to agree that if you don't take a chance every now and then and develop your business, the people will eventually stop coming. Councilman Coleman stated his concern was also the proposal including year round residents and thanked Mr. Gimbut for his efforts in suggesting some alternatives that eliminate apartments,mobile home spaces,and duplexes from the count;and imposing an occupation tax to include campgrounds,recreational vehicle spaces,and hotel/motel rooms.He said that helps to ensure that it is the transient population that would be contributing. Councilwoman Alger stated is was difficult for her to make a decision.She stated there are some interesting points brought out by the citizens during Call to the Public.She stated she could understand both the business community and the permanent residents,but still the City needs to do something to increase revenues.She stated everybody pays those;this is not limited to one group of people.She stated that she had just learned that many people charging sales tax on rentals are not paying their share to the City,as revealed by the new audit being done. She stated that is why the City has to make up for that and maybe the surcharge is the way to make up for it;maybe that way the City will be able to collect the sales tax dollars due to the City that the rental places are not paying. Councilwoman Barker asked Mr.Gimbut for some clarification on two of his formulas on his occupation tax proposal. Mr.Gimbut stated he did his calculation based on ASU survey of the East Valley and used the most conservative number that approximately 50% of the spaces are rented to winter visitors.Then he made the presumption that in the winter season which is six months,if half of the spaces are actually occupied by winter visitors then a mechanical tax would be half the spaces half the time;or half the spaces for a six-month period of time that would be theoretically subject to the tax.If we apply that strictly RV spaces,campgrounds and hotel/motel spaces only, excluding all mobile home spaces,apartments,duplexes,and single family homes,then it will generate approximately -- our count is 7,208 spaces -- REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 7 OF 17 $129,745.80 per year.He recalled that one discussion was that the income of large parks is higher than the income of small parks.Considering this he made a projection with 30% reduction for small parks which have less than 25 spaces;applying the $0.10 cents per day rate for 6 months or the 3% for half the time this generates $127,530.00.Mr.Gimbut brought to their attention one calculation presented by Mr.Schoeph which is $0.25 cents per day per unit for 6 months for half of the spaces;that would produce approximately $164,047.00. Councilwoman Barker suggested a situation for clarification.She suggested if she were a park owner with 35 spaces,how much would she owe the City. Mr.Gimbut made a calculation and responded $630 as a total for the calendar year. Councilwoman Barker then presented another situation where she,as the same park owner,lost 11 spaces and now has only 24 spaces,what would she owe the City. Mr.Gimbut responded $432.00 and explained that,in the first case,he takes the 35 spaces x 3%,which is $0.10 cents per day,x 6 months.In the second case it was 24 x 3% x 6 months. Vice Mayor Eidson asked if the tax collection by the City will incur any extra money or personnel. City Clerk Kathy Connelly replied that would be handled in house at no additional cost. Councilman Coleman asked Ms. Connelly what time would be preferable to make the collection from businesses. Ms.Connelly replied their preference would be in January and if necessary,go to a quarterly payment of three separate incremental payments with the full amount payable by March 1. Councilman Coleman asked if the City goes for a 4% of the rental,would not that also take into account smaller parks as opposed to larger parks,if the smaller park charges less if it's on a percentage basis. Mr.Gimbut explained that the problem of a percentage of rental is that the City would have to set up a separate department to collect its own tax. City Manager Michael Lee asked if Mr.Gimbut's proposal was based on the number of spaces in the parks and not what is actually occupied,to which he received an affirmative reply. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 8 OF 17 Mr.Gimbut explained that vacancies are calculated in the sense that the City is presuming that parks rent only for six months and that the other six months are 100% not occupied,which is not true but for this type of calculation that is the way that is being looked at. Councilwoman Alger stated that at this point she is not fully in favor of this proposal,but since Council is just giving direction to staff she will reserve her judgement until later on. Councilman Coleman suggested that Council consider receiving matching funds such as Proposition 200 which allows for multi -use trail development. Mayor Damiano addressed to the public and stated that property taxes go to Pinal County and not the City.He read a portion of the memo dated September 23 regarding staff recommendations for "visitor impacts surcharge,"and emphasized that according to this staff recommends that funds be spent towards tourism,as well as the permanent residents of Apache Junction.He reminded the public this was only direction to staff and that the final vote would be on October 15.He then asked for the motion. Councilman Coleman MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION IN REGARDING THE ORDINANCE FOR THE PROPOSED VISITOR IMPACTS SURCHARGE: THAT WE INCORPORATE THE PROPOSED BED TAX AS A BUSINESS AND/OR OCCUPATION TAX AND ADMINISTER THE COLLECTION THROUGH OUR NORMAL SYSTEM OF ISSUING BUSINESS LICENSES AND COLLECTING MOST FEES;AND, THAT THE TAX BILL BE ISSUED IN JANUARY TO BE PAID BEFORE MARCH 1,ALLOWING FULL PAYMENT OR INCREMENTS OF THREE;AND, THAT THE FORMULA EXCLUDE APARTMENTS,MOBILE HOME SPACES,DUPLEXES FROM THE COUNT;BUT INCLUDE CAMPGROUNDS,RECREATIONAL VEHICLE SPACES AND HOTEL/MOTEL ROOMS;AND, THAT THE FORMULA BE $6.00 TIMES HALF THE NUMBER OF SPACES TIMES SIX MONTHS FOR FACILITIES WITH MORE THAN 25 SPACES AND $4.00 TIMES HALF THE NUMBER OF SPACES TIMES SIX MONTHS FOR FACILITIES WITH 25 SPACES OR LESS;AND, THAT POSSIBLE USES FOR THIS REVENUE BE EARMARKED FOR ROAD DEVELOPMENT, COMMUNITY CENTER SERVICES AND EXPANSION OF KITCHEN FACILITIES,CHAMBER OF COMMERCE SUPPORT FOR TOURISM INFORMATION AND PROMOTION,MAIN STREET OR APACHE TRAIL IMPROVEMENTS AND CHRISTMAS DECORATIONS,MULTI -USE TRAILS AND THE INCREASING COSTS OF PROTECTING ENVIRONMENTAL QUALITY;AND, THAT CONSIDERATION BE GIVEN TO MATCHING GRANT OPPORTUNITIES;AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 9 OF 17 THAT THIS BE BROUGHT BACK TO COUNCIL AND PLACED ON THE AGENDA FOR OCTOBER 15, 1991. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS ORDINANCE NO.807 )Senior Planner Jim Nakagawa stated this is a City Council -initiated rezoning proposal.He stated the proposed Ordinance No.807 is to rezone all parcels on Section 15 currently zoned CR-1 to R1-43 zoning district;this area is developed primarily with conventional homes on large parcels.The General Plan designates this area for low density development which ranges from 0-1 unit per acre.This year the City Council expressed interest in bringing this proposal for its consideration.Planning staff believes that this rezoning effort would be consistent with the City's General Plan.Approval of this ordinance would set aside this one area for one -acre home sites and it would be restricted to the development of conventional homes only.It is also anticipated that fewer demands would be placed on public services,fewer environmental impacts would be realized,and this proposal would be compatible with the existing uses. The Planning and Zoning Commission heard this case on September 10th and recommended approval of it to Council.It is recommended that City Council in its motion add one stipulation to this proposal:that no automatic reversion be allowed to occur with this rezoning because if this rezoning were to revert to its prior classification that would no be consistent with the City's General Plan;so it is recommended that rezoning approval be given for indefinite period of time until the City chooses to rezone it again. Mr.Bill McDaniel,737 W.Rosal Ave.,spoke in favor of the rezoning. Mrs.Margaret Jones,2945 E.Tepee St.,expressed support of the rezoning and asked for Council's approval. Mr.Howard E.Hines,1774 N.Starr Rd.,spoke in favor of the rezoning. Ms.Nancy Koerner,1026 N.Goldfield Rd.,spoke in behalf of the Superstition Horsemen's Association who conducted the survey for the landowners in Section 15.She stated their concern is that the City be consistent with the General Plan and this zoning change will comply with that.She stated they support the adoption of this rezoning. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 10 OF 17 Vice Mayor Eidson anticipated problems for property owners with 1 1/2 or 3/4 acre lots at this point who might want to build in the future.He stated that if the rezoning passes they are going to become non -conforming.He expressed concern that those people would encounter problems in getting a permit to build. Mr.Nakagawa replied that there will not be a problem.He explained that if the lot is legal,this would be considered a grandfathered lot,because the lot was created prior to the new zoning requirement going into effect.However,some of the problems they might have would be because of the increase in setback requirements,which he did not believe it was the case here.He stated that in case of problems those people can seek recourse to the Board of Adjustment for reduction on that setback. City Attorney Glenn Gimbut stated that case would be a perfect example for a variance. Vice Mayor Eidson was concerned that the variance will not resolve the problem and asked for other options that would help such a situation. Mr.Gimbut stated that another form of legal relief,depending on the circumstances,would be a Conditional Use Permit. Vice Mayor Eidson MOVED THAT ORDINANCE NO.807 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. follows: Councilman Coleman SECONDED THE City Clerk Kathleen Connelly read as "ORDINANCE NO.807,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION AND REZONING CASE PZ-8-91 FROM CR-1,SINGLE FAMILY RESIDENCE HOME TO R1-43,SINGLE FAMILY RESIDENCE ZONE,REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY." Vice Mayor Eidson MOVED THAT ORDINANCE NO.807,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 11 OF 17 Councilwoman Barker SECONDED THE MOTION. Councilwoman Alger PROPOSED THE AMENDMENT THAT APPROVAL OF REZONING CONSTITUTE AUTHORIZATION FOR THE DEVELOPMENT OF PROPERTY UNDER THE GRANTED ZONING;AND THAT REZONING APPROVAL IS VALID FOR AN INDEFINITE PERIOD OF TIME AT THE DISCRETION OF THE CITY COUNCIL TO ELIMINATE THE REVERSION CLAUSE. Councilman Coleman SECONDED THE AMENDMENT. AMENDMENT VOTE:Unanimous. MAIN MOTION VOTE:Unanimous. The motion carried. RESOLUTIONS NO.91-38;91-39;91-41;91-42 91-43;91-44;91-45;91-46;91-47;AND ORDINANCE NO.806 )Mayor Damiano called upon City Attorney Glenn Gimbut to address this item. Mr.Gimbut stated this was the result of a meeting with Mr.Mike McMillan as Acting Building and Safety Manager at the time,who had some safety concerns on the development of certain apartments where the residents capacity almost doubles.The new 1991 Uniform Building Code,Uniform Fire Code,etc.address the safety concerns. Building and Safety Manager Lynn Underwood has reviewed these codes with the Building Code Board of Appeals. Councilwoman Barker MOVED THAT RESOLUTION NO.91-38,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM BUILDING CODE,1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR THE CONSTRUCTION OF WORK AUTHORIZED UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-39,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM FIRE CODE,1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR FIRE PROTECTION UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-41,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED NATIONAL ELECTRICAL CODE,1990 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR THE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 12 OF 17 CONSTRUCTION AND MAINTENANCE OF WORK AUTHORIZED UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-42,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM PLUMBING CODE.1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR THE CONSTRUCTION AND MAINTENANCE OF PLUMBING SYSTEMS UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-43,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. 1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS APPLYING TO ALL DANGEROUS BUILDINGS UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-44,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM PLUMBING CODE STANDARDS.1991 EDITION,WHICH, IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR THE CONSTRUCTION OF WORK AUTHORIZED UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-45,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM SIGN CODE.1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR THE CONSTRUCTION OF WORK AUTHORIZED UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-46,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM MECHANICAL CODE.1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR THE CONSTRUCTION OF WORK AUTHORIZED UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.91-47,DECLARING THAT CERTAIN PUBLICATION FILED WITH THE CITY CLERK AND ENTITLED UNIFORM FIRE CODE STANDARDS,1991 EDITION,WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADOPTED AS MINIMUM STANDARDS FOR FIRE PROTECTION UNDER THE SCOPE OF THIS PUBLICATION;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED;AND THAT ORDINANCE NO.806 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 13 OF 17 City Clerk Kathleen Connelly read as follows: "ORDINANCE NO.806,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 7,BUILDING,PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS,ADOPTING CERTAIN CODES BY RECORD,REPEALING CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES AND DECLARING AN EMERGENCY." Councilman Coleman MOVED THAT ORDINANCE NO.806,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS DESIGNATION OF HEARING DATE ON PROPERTY ASSESSMENT FOR DEMOLITION AT 140 S. STARDUST.LOT 2.SUNNY LANE ESTATES )City Clerk Kathleen Connelly explained this is the result of the City's policy of demolishing dangerous building.She stated that following the demolition of the building documentation such as the cost of the demolition is provided to Council who should set the date of a public hearing prior to any attempt to assess or collect the demolition costs.She asked Council to set a public hearing date for November 5th so that there is sufficient time to provide for the 15 -day notice to the parties involved. City Attorney Glenn Gimbut stated that Public Works Director Rich Broman received a phone call from a real estate broker who has a buyer for the property and who plans to pay the City. Councilwoman Barker MOVED THAT THE PUBLIC HEARING ON THE PROPOSED PROPERTY ASSESSMENT RESULTING FROM THE BUILDING DEMOLITION AT 140 S.STARDUST,LOT 2,SUNNY LANE ESTATES,BE HELD ON NOVEMBER 5,1991. Councilman Coleman SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 14 OF 17 VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.91-40 OF SUPPORT FOR SUPERSTITION VISION FORUM ) ) motion. Mayor Damiano called for a Councilman Perkins MOVED THAT RESOLUTION NO.91-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,OFFERING SUPPORT TO THE EFFORTS OF THE SUPERSTITION VISION FORUM,BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.ON TUESDAY,OCTOBER 15,1991,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS RESPECTIVELY. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Perkins informed the Council that October 11th will be the Annual Police and Fire Softball games; and that the Elks will be holding their Annual Police and Fire Dinner on October 17th. Mayor Damiano reported that on September 18th,he and City Manager Mike Lee attended the Pinal County Alliance in Coolidge;on September 19th,he attended the Williams Air Force Base Economical Re -Use Advisory meeting in Gilbert;on September 23rd,he attended the Williams Air Force Base Re -Use Advisory meeting at the Senior Center;on September 25th,he and Mr.Lee attended in Florence a CAAG meeting; REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 15 OF 17 and on September 28,he attended in Phoenix the Arizona League of Cities and Towns Resolutions meeting. ADJOURNMENT )Mayor Damiano adjourned the meeting at 10:07 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of September 17,1991. 3.Amending Term of Office for Construction code Board of Appeals Appointment from June 30,1993 to June 30,1992. 4.Acceptance of Audited Financial Statements as of June 30,1991. 5.Approval of Proposed Ordinance No.91-37 which authorizes City to enter into Intergovernmental Agreement with Arizona State Governor's Office for Children for a $5,000 Juvenile Transportation Grant. ACCEPTED THIS 15TH DAY OF OCTOBER ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF OCTOBER ,1991. ATTEST: aZz___;e4 KATHLEEN CON City Clerk f r THOMAS DAMI NO Mayor 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 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 16 OF 17 Junction,Arizona,held on the 1st day of October,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 40064.-,1991. City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1991 PAGE 17 OF 17