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HomeMy WebLinkAbout1991-10-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 15,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 15,1991,at the Four Peaks Elementary School Auditorium,at 1700 N.Idaho Road,Apache Junction,pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:12 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Works Rich Broman Director of Parks and Recreation Jeff Bell Senior Planner Jim Nakagawa Economic Development Manager John Schoeph Jim Hurst,1065 N.San Marcos Dr.,Apache Junction,85220 Ilene Heller,1617 S.Cortez Rd.,Apache Junction,85219 Anne Surra,1150 E.Estevan,Apache Junction, 85219 Jannie Eagleson,1615 N.Delaware Dr.,Apache Junction,85220 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 1 OF 17 Gary Nine,695 W.17th Ave.,Apache Junction, 85220 Verle Henber,929 N.Delaware Dr.,Sp.25, Apache Junction,85219 L.H.Green,250 S.Tomahawk Rd.,Apache Junction,85219 Don Sale,999 W.Broadway Ave.,Apache Junction, 85220 Maxine Pacher,900 S.Idaho Rd.,Apache Junction Darlene M.Colby,900 S.Idaho Rd.,Apache Junction Clifford Brinb,275 N.Saguaro Dr.,Sp.A9, Apache Junction,85219 Thomas Schooley,Apache Junction Mae Palmer,250 S.Tomahawk Rd.,Apache Junction,85219 Joe Lovretich,600 S.Idaho Rd.,Apache Junction Grace Erb,600 S.Idaho Rd.,# 860,Apache Junction Susan Brenton,20 E.Main St.,Ste.710,Mesa, 85201 Keith Stachar, Jean Groen,1403 W.Broadway Ave.,Apache Junction,85220 Cora Blatterspiel,760 E.Mesquite,Apache Junction,85219 Joseph Schmitt,1403 W.Broadway Ave.,Apache Junction,85220 Rosemary Lemberger,1403 W.Broadway Ave.,Sp. 208,Apache Junction,85220 W.Dean Thorpe,1615 N.Delaware Dr.,Apache Junction,85220 Sandy Goss,600 S.Idaho Rd.,#855,Apache Junction,85219 Robert E.Day,400 N.Plaza Dr.,Apache Junction,85220 ACCEPTANCE OF CONSENT AGENDA )Councilman Perkins MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES BE MADE AS FOLLOWS: CHERYL ANN CONNOLLY,TERM TO EXPIRE JUNE 30,1994,AND PAMELA RINEHOLT,TERM TO EXPIRE JUNE 30,1994;AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO UPGRADE THE CITY TELEPHONE SYSTEM AND AMEND THE LEASE AGREEMENT WITH AT&T FOR A MERLIN LEGEND SYSTEM;AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 2 OF 17 THAT MAYOR DAMIANO BE APPOINTED CITY COUNCIL LIAISON FOR THE CONSTRUCTION CODE BOARD OF APPEALS;AND THAT RESOLUTION NO.91-49,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE MAYOR TO TAKE THE APPROPRIATE ACTIONS NECESSARY FOR SUBMISSION OF APPLICATION FOR THE 1991 ARIZONA STATE HOUSING TRUST FUND PROGRAM AND CERTIFYING THAT SAID APPLICATION MEETS CERTAIN CONDITIONS,BE APPROVED;AND THAT RESOLUTION NO.91-04 AUTHORIZING CONTRACT WITH STATE FOR COMMAND POST VEHICLE BE RE -NUMBERED TO RESOLUTION NO.91-48. Councilwoman Barker SECONDED THE MOTION. Vice Mayor Eidson ASKED THAT ITEM #6 BE MOVED OFF THE CONSENT AGENDA TO BE DISCUSSED;AND PROPOSED THE AMENDMENT THAT ITEM #10 BE MOVED AHEAD OF ITEM #9. Councilwoman Alger SECONDED THE AMENDMENT. AMENDMENT VOTE:In favor:Vice Mayor Eidson,Councilwoman Alger. Opposed:Councilman Perkins,Councilman Coleman, Councilwoman Barker,Mayor Damiano. MAIN VOTE:Unanimous. The motion carried. Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mayor Damiano read that "Call to the Public is were the public has the right to address Council and tell us your concerns,or bring to us information that you think we should hear.Because of the open meeting law,we may not be able to discuss the matters with you at this time,or be able to respond,but staff will try to get back with you at the earliest possible time.Also please be aware that unless a particular matter is set on the agenda for public hearing,we do not normally open up the item for public comment.If there is something on tonight's agenda and you wish to talk to us about it, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 3 OF 17 please address us now at the call to the public,unless it is actually scheduled for public hearing.For example items which are on the agenda for instructions to staff are not usually set for public hearing and therefore we would not normally open up that kind of item for public comment.So if you are here to address us on a matter that is not set for a public hearing, please do so now at call to the public." CITY MANAGER'S REPORT City Manager Michael Lee said he would like to postpone his remarks for the public hearing since these address the Hospitality Industry Tax. PUBLIC HEARINGS Mayor Damiano read the rules of conduct of public hearings.(1)Please do not speak until you are called upon to do so;(2)when called upon,go to the speakers podium;(3)we are asking each speaker to limit their remarks to no more than five minutes,and of course,written comments are most welcome. Others present may not relinquish their time to another;(4)if a group shares a common interest,please present that interest through a spokesman,you may wish afterwards to have your group stand to express interest.We ask that you please do not repeat what has already been said;(5)so that all may have a chance to speak,please observe the rules of common courtesy.Let each speaker have his or her say without interruption;(6)Each speaker is requested to address all remarks only on the subject,and please refrain form personalizing;(7)the order of speakers on an item will be:(a)staff to brief the proposed ordinance,(b)council member questions and comments,(c) those in favor,(d)those in opposition,(e)staff for clarification,(f) close public hearing,(g)call for a motion,(h)call for discussion.Then he opened the public hearing. ORDINANCE NO.808:AMENDING CITY CODE CHAPTER 8 BUSINESS BY ESTABLISHING A BUSINESS OCCUPATION SURCHARGE FOR TEMPORARY VISITOR BUSINESSES Manager Mike Lee to speak on this item. )Mayor Damiano called upon City Mr.Lee called upon City Attorney Glenn Gimbut to speak.Mr.Gimbut invited Economic Development Manager John Schoeph to speak first. Mr.Schoeph briefed Council on the background leading to the current proposal. Mr.Gimbut explained the legal basis of this ordinance,and how it would possibly impact the businesses and occupations that rent to temporary residents.He stated the Department of Revenue would not administer or collect a tax that was different than the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 4 OF 17 model tax code approved by the Tax Commission.As a result the City would have to do its own tax collection,which would mean having to create a new department.Since the City does not wish having additional staff for that purpose,a mechanical method of surcharge has been constructed based on the City's ability to impose a business occupation surcharge,according to ARS Section 9-240,Subsection 18.He explained the basic formula which is that businesses with more than 25 spaces/units would pay $6/mo.for one half of the spaces/units times six months;and businesses with 25 spaces/units or less would pay $4/mo.for one half of the spaces/units times six months.He also explained the terms,inclusions and exclusions of Ordinance No.808. City Manager Mike Lee briefed Council on the background history that led to consider the implementation of a tourist industry surcharge.During the preparation of the City budget there was concern with how much money the City should continue allocating to promote tourism without knowing how much it would cost in terms of increasing maintenance services and infrastructure,which was not funded.At that time a group of concerned citizens approached the City encouraging the adoption of a "pad"or "bed"tax.At this time the same group of concerned citizens began generating information for the City and this was presented to Council on July 1,1991.This information was referred to the Economic Development Commission for further study and research.On October 1st Council directed staff to draft a specific ordinance which has been done and explained by Mr.Gimbut. Mr.Lee listed some of the reductions the City has done to cut-off expenditures. Mayor Damiano opened the public hearing. Mr.Robert E.Day,400 N.Plaza Dr., spoke against.He stated he is a permanent resident in Apache Junction and works at an RV park.He stated that about 100 residents in that park signed a petition against the bed tax and some of them threatened to go to another state.He stated in his opinion it would be simpler to apply the tax formula to all the spaces in a park and keep a low rate. Ms.Sandy Goss,600 S.Idaho #855, spoke against.She stated she lives in an RV park as a permanent resident in Apache Junction.She asked Council what does the City do for people who live in the RV parks;people who benefit the City in numerous ways by being here. She stated she did not know of any activities the City provides for them that they overuse,as some people say;these are provided to them by the activities director in the parks. Mr.W.Dean Thorpe,1615 N.Delaware Dr.,spoke against.He stated once the surcharge is applied and the parks don't fill their spaces,it will be the people who stay over six months or rent year round who will have to pay for the surcharge.He stated the administration of this tax could cost more than what it can be collected. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 5 OF 17 Mr.Joseph Schmitt,1403 W.Broadway Ave.,spoke against.He stated the City should apply the tax to everybody. Mrs.Cora Blatterspiel,760 E. Mesquite Ave.,spoke in favor.She asked Council to take the proper action to ensure the welfare of all the people in Apache Junction without being partial. Ms.Jean Groen,1403 W.Broadway Ave.,spoke against.She stated that neither the park owners nor the winter residents,who live on a fixed income,can afford this tax;the park owners will have to charge it to everyone in order to be able to pay it. Mr.Keith Stachar,1153 N.Holmes, spoke against.He stated that at one point he had questioned the legality of this tax which has been answered with the State's approval on this,but he believed that the fairness and equal treatment should merit a higher consideration. Ms.Susan Brenton,20 E.Main,Suite 710,Mesa 85201,Executive Director of the Arizona Association of Manufactured Homeowners,spoke on behalf of the association opposing the proposed bed tax. She conveyed their reasons being that it discriminates against certain class of people based on their life style.She stated the administrative cost of this tax will be included in the rent,so the park owner will actually have to charge a $5-$10 per month rent increase. Mrs.Grace Erb,600 Idaho Rd.#860, spoke against.She stated she and her husband pay a rent increase every time they come to Apache Junction.This makes them hesitate coming back,but if the surcharge passes,they will not be able to afford it. Mr.Joe Lovretich,600 S.Idaho Rd. #753,spoke against.He stated the businesses could suffer if the winter visitors decided not to do business in Apache Junction,or decided to leave the city. Mr.Thomas Schooley,105 N.Delaware Dr.,spoke on behalf of a group of people who signed a petition opposing the surcharge.He stated he is a businessman who relies on the winter visitors and neither him nor any of the other businesses would be able to survive without the winter visitors. Mr.Clifford Brinb,275 N.Saguaro Dr.#A9,expressed opposition on the surcharge. Ms.Darlene M.Colby,900 S.Idaho Rd.#28,spoke against.She stated this is a taxation without representation because the majority are winter visitors who supposedly do not have a vote on this. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 6 OF 17 Mr.Don Sale,999 W.Broadway Ave., spoke against.He stated it is unfair that people pay the surcharge just because they live in an RV park. Mr.L.H.Green,250 S.Tomahawk Rd.,expressed apposition on the surcharge. Mr.Gary Nine,695 W.17th Ave., spoke against.He stated tourism is Apache Junction's number one industry and it should be treated fairly. Ms.Anne Surra,1150 E.Estevan, spoke in favor on behalf of the Palm Springs Homeowners Association.She read a resolution supporting the surcharge:"Whereas we,the members of the Palm Springs Homeowners Association are anxious to avoid the city property tax; whereas the City of Apache Junction needs additional revenue to enhance the cultural programs and to match and to match federal and state grants for those same programs;and whereas the City of Apache Junction needs funds to maintain current standards of living in the City for all of the people who reside here and visit;and whereas these funds are not readily available from current revenues for improving services at the Library,the Senior Center,enlarging the police force,and providing more areas for leisure activities.We firmly do believe that the Hospitality Tax is for the benefit of everyone concerned." Ms.Ilene Heller,1617 S.Cortez Rd.,spoke against.She stated she feels Apache Junction does not have a financial need;there are no specific projects to know that this funds are to institute such projects;and the surcharge will draw the tourist industry away from Apache Junction.She said that Council and the people work together on this. Mr.Jim Hurst,1065 N.San Marcos Dr.,spoke against.He expressed concern for parks that would not fill all of their spaces.He proposed to the City Council to postpone the ordinance and appoint a committee for 90 days of independent people from the parks and businessmen to formulate a surcharge on everybody. Mr.Mark Cox,owner of RV Unlimited on Apache Trail in Maricopa County,expressed opposition on the surcharge.He stated being a resident of Phoenix. Ms.Sharon Rollins,2849 W. Superstition Blvd.(business address),expressed opposition for the bed tax and asked Council to reconsider this issue. Blvd.,spoke against the surcharge. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 7 OF 17 Mr.Bob DeBow,4375 E.Superstition Ms.Midge Conway,902 S.Ocotillo Dr.,spoke in favor.She stated the sales taxes collected in Apache Junction do not double in the winter even though the population almost triples.She said that some park owners transport their residents to shop in Mesa.She stated that 18,000 permanent residents of Apache Junction can no longer afford to bear the burden of furnishing services such as police department,fire department,Senior Center,Library,Parks,and the community college which many of the winter visitors attend.She stated they pay $20/credit hour compared to $30/credit hour regular cost,and that permanent residents pay taxes to support this community college. Trail,spoke against the surcharge. Mr.Joseph Hulkasky,1630 W.Apache Ms.Nancy Koerner,1026 N.Goldfield Rd.,spoke in favor of the surcharge.She stated the sources of revenue allocated to support Apache Junction are distributed based on a census population of 18,000 year round residents,without considering the increased population of 40,000 in the winter.She stated that everyone residing in Apache Junction receives the same services that have to be maintained whether the population is 18,000 or 40,000. Mr.Neil Houck,1505 S.Sixshooter, expressed support on behalf of the Superstition Horsemen's Association.He stated it is a fact that Apache Junction needs additional funds.These funds are for projects and purposes as specified by the Economic Development Commission,and these are needed not only by the citizens of Apache Junction but also the winter visitors.He stated that travelers across the country experience this kind of tax to help support the local community in furnishing services to the them. Ms.Dorma Coleman,1371 E.4th Ave., spoke against.She asked Council to research this issue further and work together with park owners and managers to find a better plan to benefit Apache Junction. Mayor Damiano closed the hearing to the public and addressed Council members for comments. Vice Mayor Eidson stated should Council pass this ordinance it might have a negative impact on the local businesses,but he did not know as to what extent.He stated that if Council approved the surcharge for rentals over a 30 -day period,Apache Junction would be the first city to do this in the State of Arizona.He stated he has a problem with the fact that people consider this tax as property tax,since he promised he would not vote to pass another property tax. Councilwoman Barker stated there is a decrease of federal funding and also state revenue sharing.She explained REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 8 OF 17 that as these funds decrease costs also increase and these have to be borne by somebody.She stated the City is in need of revenues to upkeep the existing city services.She stated being in favor of the statement made by some citizens that winter visitors and permanent residents get together with the City to find a way to increase revenues. Councilman Coleman stated he knows that most states charge a tourist tax.He stated having looked at all the facts regarding the hospitality industry tax,and in doing what is good for the community of Apache Junction he would favor this ordinance;however there seems to be some controversy in some of the information.He stated this issue has resulted in something that was not intended to be.Nonetheless the City needs more revenues to provide the programs and services that are necessary for the community. Councilwoman Alger stated she has some difficulty dealing with some of the facts.She supported the concept of a committee with representatives of all the different interests in the community and find the way for revenues that Apache Junction needs. Councilman Perkins stated his perception of the public general consensus was that Council members had their minds made up,but Council is still trying to consider all of the facts before making a decision.He also supported the formation of a committee to find revenues that the City needs. Mayor Damiano addressed some of the questions from the public and also explained the reasons why some of the businesses in the city have closed.He stated some of the specific projects for allocation of these funds and encouraged the winter visitors to stay in Apache Junction.He stated the economy crisis is being experienced in other cities across the country as well.Then he asked for a motion. Councilwoman Alger MOVED THAT ORDINANCE NO.808 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 8,BUSINESS,BY ADDING A NEW ARTICLE 8-10,BUSINESS OCCUPATION SURCHARGE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 9 OF 17 Councilwoman Alger MOVED THAT ORDINANCE NO.808,AS READ BY THE CITY CLERK,BE DENIED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.809:AMENDING THE APACHE JUNCTION TAX CODE BY ADOPTING A TRANSIENT RENTAL TAX City Clerk to speak on this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon the City Clerk Kathleen Connelly stated the purpose of this ordinance is to adopt the transient rental tax under the model City tax code.This is a taxing provision that has been adopted by the State law,and the cities that are part of the state tax collection system have adopted this and also the same language.She explained there are cities such as Mesa who are not part of the system and as a result they have different appropriations and different means for collecting this tax.She stated this ordinance proposes to adopt a rental tax that would be applied to rental businesses which include hotels,meaning any public or private hotel such as a travel lodge or bed and breakfast operation;inn;tourist houses; individual homes;motels;apartment houses;trailers or other lodging spaces. Lodging spaces include any room or apartment in a hotel or any other provider rooms such as trailer spaces or other residential dwelling spaces;so this would also apply to single family homes,apartments and mobile homes.She explained that since the Department of Revenue needs approximately 60 days to institute this tax and make changes on their forms and issue notifications to all of those who would be covered by it,she would recommend January 1,1992 as the effective date. Vice Mayor Eidson stated being in favor of this ordinance and the appointment of a citizens committee. on this item. Mayor Damiano invited public input Anne Surra,1150 E.Estevan,spoke in favor and stated this ordinance is more in accord with the concept of a hospitality tax that should be intended for "winter visitors"and not for "winter residents." spoke in favor. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 10 OF 17 Debbie Anderson,850 E.Navajo, City Attorney Glenn Gimbut stated the appointment of a committee was not included on the agenda,therefore Council could not take an action at this time. Councilwoman Alger suggested to postpone this item until the citizens committee could be formed to study this. Mr.Jim Hurst,1065 N.San Marcos Rd.,agreed with Councilwoman Alger's suggestion. Mr.Dean W.Thorpe,1615 N.Delaware Dr.,spoke against this item. Ms.Susan Brenton,Executive Director of the Arizona Assn.of Manufactured Homeowners,20 E.Main St., Suite 710,Mesa 85201,concurred with others on postponing this item and the formation of a citizens committee. Mayor Damiano called upon the public for more comments.There being no one else wishing to address the City Council,he closed the hearing to the public. Councilwoman Alger MOVED THAT THIS ITEM BE POSTPONED UNTIL DECEMBER 17,1991 TO ALLOW FOR THE FORMULATION OF A COMMITTEE THROUGH THE CITY MANAGER'S OFFICE TO STUDY THIS ISSUE AND THE POSSIBILITIES TO FIND REVENUE RAISING ABILITIES FOR THE CITY;THAT ON DECEMBER 17TH COUNCIL REVISIT THIS ISSUE TO RECEIVE THE COMMITTEE REPORT. Councilwoman Barker SECONDED THE MOTION WITH THE AMENDMENT THAT THE COMMITTEE BRING ALTERNATIVES TO THE CITY FOR REVENUE SOURCES,RATHER THAN JUST A STUDY. Councilwoman Alger agreed with Councilwoman Barker's amendment to the motion. VOTE:Unanimous.(Councilman Cox was absent.) The motion carried. OLD BUSINESS DIRECTION TO STAFF AND MAYOR DAMIANO REGARDING CHANGES TO THE FORMULA FOR DISTRIBUTION OF STATE SHARED REVENUES City Clerk to address this item. )Mayor Damiano called upon the City Clerk Kathleen Connelly stated this item was postponed at the September 17th Council meeting until after the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 11 OF 17 Mayor met with the League Resolutions Committee on September 28th.Ms. Connelly stated the motion,nearly unanimous,was that all of the League continue a unified local effort to maintain the current distribution of state shared revenues.She explained Council action at this time could be not to give any particular direction to staff and have Mayor Damiano continue to support no change in the state shared revenue distribution system.Her concern was that if State intended to do something later,Council would not have much time to take an action.She suggested that Council adopt a resolution in support of the League at their next meeting and have it ready to be sent to the State legislators in the event that they start reconsidering this issue. Councilman Coleman recommended to remain neutral on this issue. Councilman Perkins recommended to take a stand and support Pima County's resolution. Councilwoman Alger recommended to stay with the League's unanimous vote until there is more evidence of what the legislature is going to do. Councilwoman Barker agreed with Councilman Perkins. City Manager Mike Lee agreed with Councilwoman Alger. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF AND THE MAYOR REGARDING CHANGES TO THE FORMULA FOR DISTRIBUTION OF STATE SHARED REVENUES,THAT THE CITY STAND WITH THE LEAGUE OF CITIES RESOLUTIONS COMMITTEE. Councilman Coleman SECONDED THE MOTION. VOTE:In favor:Councilman Coleman,Vice Mayor Eidson,Councilwoman Alger, Mayor Damiano. Opposed:Councilman Perkins and Councilwoman Barker. The motion carried. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 12 OF 17 DIRECTION TO STAFF REGARDING GENERAL AVIATION FACILITIES )Mayor Damiano called upon Public Works Director to address this item. Public Works Director Richard Broman stated this item seeks the appointment of the newly formed Apache Junction Airport Committee.He explained this committee is to help with the planning of the proposed airport facilities. Councilwoman Alger suggested to have a committee formed at staff level to avoid the Open Meeting Law requirements such as being limited to the contents of the agenda. City Attorney Glenn Gimbut explained the law states that subcommittees or advisory committees comply with the Open Meeting Law.He stated that if the word "committee"could be eliminated that would solve the problem.Council direction to staff could be that staff make their recommendation based on public input without the formation of a committee,which is not the intent of staff in this case. Councilman Coleman stated being in favor of having the committee. City Clerk Kathleen Connelly stated that according to the Attorney General's handbook a "special committee" would have to comply with the Open Meeting Law as far as agenda and posting notices of meetings,however a special committee does not have to produce minutes. Councilman Perkins MOVED THAT THE APACHE JUNCTION AIRPORT COMMITTEE,CURRENTLY COMPOSED OF THE FOLLOWING PERSONS:FRANK CLARK,PRISCILLA WRIGHT,ROBERT DIERKING,BOB MILBRAT,J. HOWARD DOWNS,AND BRUCE EAGLESHAM BE RECOGNIZED AS A SPECIAL COMMITTEE AND AN OFFICIAL AIRPORT PLANNING ACTION COMMITTEE OF THE CITY FOR COORDINATING NECESSARY ACTIVITIES TO DEVELOP A MUNICIPAL GENERAL AVIATION AIRPORT AND INDUSTRIAL/BUSINESS PARK.ITS INITIAL ASSIGNMENT WOULD BE TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL FOR GRANT APPLICATION FOR UPDATING THE 1981 AIRPORT FACILITIES PLAN AND SELECTING A CONSULTANT;AND THAT THE CITY MANAGER BE AUTHORIZED TO DIRECT APPROPRIATE STAFF TO SERVE AS COMMITTEE SUPPORT;AND THAT COUNCILPERSON DOUG COLEMAN BE APPOINTED TO SERVE AS LIAISON TO THE AIRPORT COMMITTEE. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 13 OF 17 The motion carried. AUTHORIZATION TO ENTER INTO "PROFESSIONAL SERVICES AGREEMENT"FOR PARK PLANNING ) )Mayor Damiano called upon Parks and Recreation Director to address this item. Parks and Recreation Director Jeff Bell stated his recommendation is that the consulting firm of the WLB Group, Inc.be selected to master plan the 1600 acres the City is leasing from the Bureau of Land Management to produce a multi -use trail system. Vice Mayor Eidson asked how much would the City get in grants. Mr.Bell replied the State has $500,000 in total for trails throughout the State in a matching basis,and that a master plan is the first step in becoming eligible for those funds. Vice Mayor Eidson stated he was not sure if the City should spend $36,056 on the possibility of getting a grant of maybe $50,000 which the City would have to match,which the City does not have. Mr.Bell stated the master plan means more than just making the City eligible for the grant money.The City needs to define what is going to do with the 1600 acres of land. Vice Mayor Eidson stated if the City does not qualify for a grant now,next time there will be the need for a new master plan and if that happens,the City would loose money than what is going to gain. Councilwoman Alger asked once the master plan is done how expensive would be to update it. Mr.Bell replied he doubted that the master plan would change any in two to three years and if it needed to be updated this would probably be done at a time when there is some construction going on. should not spend that money at this time. Vice Mayor Eidson stated the City Mr.Bell stated this project is of high priority to the Parks and Recreation Commission and the funds have been budgeted this year. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 14 OF 17 Councilwoman Barker MOVED THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH WLB GROUP,INC.FOR THE PURPOSES OF MASTER PLANNING THE MULTI -USE TRAIL SYSTEM,AT A FEE NOT TO EXCEED $36,056.00. Councilman Coleman SECONDED THE MOTION. VOTE:In favor:Councilwoman Alger,Councilwoman Barker,Councilman Perkins, Councilman Coleman,Mayor Damiano. Opposed:Vice Mayor Eidson. The motion carried. DIRECTION TO STAFF REGARDING AMENDMENT(S) TO CHAPTER 8 OF CITY CODE APPLYING TO CART VENDORS. )Vice Mayor Eidson MOVED THAT THIS ITEM BE POSTPONED UNTIL THE NOVEMBER 5,1991 REGULAR MEETING. Councilwoman Alger 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 MONDAY,NOVEMBER 4, 1991 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD ON TUESDAY,NOVEMBER 5,1991 AT 6:00 P.M.IN THE CITY COUNCIL CHAMBERS;AND THAT AN EXECUTIVE SESSION BE HELD ON SATURDAY,NOVEMBER 2,1991,AT APPROXIMATELY 10:30 A.M.AT THE APACHE JUNCTION PUBLIC SCHOOL STAFF DEVELOPMENT CENTER,AT IRONWOOD DRIVE AND SOUTHERN AVENUE. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 15 OF 17 INFORMATION AND REPORTS City Manager Mike Lee reported the use of the Four Peaks Elementary School Auditorium for the present meeting was free of charge. Mayor Damiano reported having a meeting of the Williams Air Force Base Re -Use Committee on October 3,1991;on October 5th he would attend an event of the Clean and Beautiful,Inc.,and that afternoon a red carpet to honor the man of Desert Storm,and another Williams Air Force Base meeting. ADJOURNMENT meeting at 11:33 p.m. Consent Agenda Items are as follows: ))Mayor Damiano adjourned the 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of October 1,1991. 3.Appointment of members to the Library Board. 4.Authorization to upgrade telephone system and amend lease agreement with AT&T for a Merlin Legend system. 5.Designation of City Council liaison for Construction Code Board of Appeals. 7.Approval of Proposed Resolution No.91-49 authorizing Mayor and City Manager to sign certifications for Housing Trust Fund Application. 8.Renumber resolution authorizing contract with State for command post vehicle to Resolution No.91-48 from Resolution No.91-04. ACCEPTED THIS 5TH DAY OF NOVEMBER ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF NOVEMBER ,1991. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 16 OF 17 (>Quv........a..v..7 THOMAS DAM IANO 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 Junction,Arizona,held on the 15th day of October,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of November KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1991 PAGE 17 OF 17 ,1991.