Loading...
HomeMy WebLinkAbout1988-08-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 2,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 2,1988,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:00 INVOCATION Councilwoman Gardner gave the Invocation. p.m. PLEDGE OF ALLEGIANCE Councilman Connolly led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Connolly Councilman Burgess Councilwoman Gardner Councilman Damiano Councilwoman Perkins Vice Mayor Bluntschly Mayor Hill City Manager Bill Da Vee City Clerk Kathleen Connelly Assistant to the City Manager George Hoffman City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director of Planning Chuck Newcomer Lieutenant Reed Cox Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Ms Ilene Taylor 1617 S.Cortez Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 1 Mr.Jimmy Eidson 944 W.3rd Avenue Apache Junction,Arizona Ms Debbie Anderson 330 W.16th Avenue Apache Junction,Arizona Mr.Keith Hilgendorf Business Director of Apache Junction Chamber of Commerce 1075 W.Smoketree Apache Junction,Arizona Mr.Parvin Schriber 5933 E.Main St. Mesa,AZ Ms Sandra Smith 3575 N.Prospector Apache Junction,Arizona Mr.Mike Bloom 10704 Roadrunner Apache Junction,Arizona Mr.Rand Asay 420 N.Apache Trail Apache Junction,Arizona Mr.Pat Flynn 1221 N.Hilcrest Mesa,AZ Mr.Vern Crider 1509 S.Palo Verde Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Councilman Damiano MOVED THAT CONSENT AGENDA ITEMS 1,2,3,5,6,7,AND 8 BE ACCEPTED AS PRESENTED: AND THAT THE CLAIM AGAINST THE CITY SUBMITTED BY MR.VIRZUELA,BE DENIED FOR THE FOLLOWING REASONS:TRAFFIC SIGNALS AT THE INTERSECTION ARE NOT THE CITY'S RESPONSIBILITY AND THAT THE ARCHITECT SELECTION FOR THE HANDICAPPED CENTER,BE RATIFIED; THAT THE BID FOR UMPIRING SERVICES BE AWARDED TO ARIZONA METRO UMPIRES,IN THE AMOUNT OF $13.50 PER GAME,WITH THE TOTAL COST NOT TO EXCEED $8,100.00; REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 2 MR I THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RURAL ELECTRIC FOR THE AMOUNT OF $39,697 FOR THE ELECTRICAL &TELEPHONE DISTRIBUTION SYSTEM FOR THE HEAD START BUILDING AND HANDICAPPED CENTER; AND THAT THE FOLLOWING BIDS BE AWARDED: PROJECT NO.PW-88-11,FUEL TO MESA FUEL,IN THE AMOUNT OF $1.027 PER GALLON FOR UNLEADED,$.497 PER GALLON #2 DIESEL; PROJECT NO.PW-88-12,PAVING MATERIALS TO CENTURY MATERIALS IN THE AMOUNT OF $17.45 PER TON FOR 3/8"-6% AND $18.45 PER TON FOR 3/4"-5.5%; PROJECT NO.PW-88-13,SAND AND AGGREGATES TO BASELINE MATERIALS IN THE AMOUNT OF $58,400.00; PROJECT NO.PW-88-14,STREET STRIPING TO TRAFFIC MARKING AND STRIPING,INC.IN THE AMOUNT OF $23,500.00. Councilman Connolly seconded the motion. Councilman Damiano stated that he would have to abstain from Item No.4. Councilwoman Gardner amended the motion:THAT AUTHORIZATION BE GIVEN COUNCILMAN DAMIANO TO BE ABSENT FROM THE CITY FOR MORE THAN 30 DAYS. Vice Mayor Bluntschly seconded the motion. VOTE (On the amendment):In Favor:Councilwoman Perkins,Councilman Burgess, Councilwoman Gardner,Councilman Connolly, Vice Mayor Bluntschly,Mayor Hill Abstained:Councilman Damiano The amendment carried. VOTE (On the original motion):Unanimous The motion as amended carried. Introduction of Distinguished Visitors and Guests Mayor Hill thanked everyone for attending this meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 3 1111 CALL TO THE PUBLIC Ms Ilene Taylor,1617 S.Cortez,Apache Junction,addressed the Council regarding an article in the Republic,which quoted Councilwoman Gardner's statements on renaming Prospector Park after past Mayor Wendell Clarke. Mr.Jimmy Eidson,944 W.3rd Avenue,Apache Junction,also addressed the Council regarding the article in the Republic,considering statements made as being irresponsible. Councilman Damiano pointed out that State Representative Roy Hudson is present. CITY MANAGER'S REPORT City Manager Bill Da Vee stated that the Department of Economic Security has advised the City that the joint application for a $200,000 grant for services to the homeless will be reconsidered,with a deadline for reapplication of August 30th,and that the reason for this is not enough applications were received to deplete the funds available.Mr.Da Vee announced that the Apache Junction program for the CDBG Housing Rehabilitation will receive additional funding that will be targeted for rental property,which will be at least $33,000,and stated that the Central Arizona Association of Governments met last week to discuss recommendations for procedures to identify regional priorities, and that those suggestions will form the draft of the paper to be reviewed by the Committee after which a final will be prepared for the Regional Council to consider at the September meeting. Mr.Da Vee reported that all of the Council sub -committee guidelines have been finalized and will be distributed to each sub -committee member tomorrow,so that they can begin meeting,and further reported that notice was received from the AAA that Apache Junction is the recipient of a Traffic Safety Award for 1987,due to no traffic/pedestrian fatalities during that year,and that the Police Department should be commended.Mr.Da Vee stated that an announcement was received from the State Department of Commerce that $315,000 will be made available for rehabilitation programs in rural Arizona,and an application workshop is set for August 16th in Phoenix,and the City will have a representative attending. PUBLIC HEARINGS PROPOSED ORDINANCE NO.641,AMENDING CITY CODE CHAPTER 8,PERTAINING TO LICENSING REQUIREMENTS FOR SWAP MEET VENDORS (Postponed Item)(With Emergency Clause)) )City Clerk Kathleen Connelly REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 4 INI explained that the Council first considered Ordinance No.641 two weeks ago, which proposed to make changes in the City Code pertaining to licensing requirements for swap meet vendors,with the main intent to put vendors on an equal basis with the permanent licensed businesses in the City,to establish documentation putting those vendors on the sales tax collection program,as records gathered over the past 18 months show that a good portion of the vendors are not complying with sales tax payments.Ms Connelly stated that at the previous meeting the Ordinance was postponed and a committee appointed to review the Ordinance and identify difficulties.This committee met twice and proposed changes to the Ordinance,such as establishing categories for vendors,full- time and yard sale type vendors with a series of regulations for each type of vendor,including that yard sale vendors are restricted to a number of days allowed which the Council needs to designate.Ms Connelly also stated that all vendors are required to report daily gross receipts,and also outlined requirements for wholesale sales and charitable organizations. Mr.Mike Sleeseman,1863 S.Buena Vista,Apache Junction,General Manager of the Apache Park n'Swap,thanked the Council for setting up the Committee,agreed that most vendors will be paying less by having a license fee of $45.00 with the 50t space fee eliminated,and that a daily sales report based on a gross receipt is much more manageable than issuing receipts for every item sold.He stated that Park n'Swap would install a computer system for record keeping but requested that the time limit be six days for yard sales rather three,Park n'Swap loses 30% of the busines i t would not be feasible to install a computer system. Councilman Connolly asked why Park n'Swap would lose 30% of their business. Mr.Sleeseman suggested that three days as a limit would not be feasible with the expense of -installing the system. days could be classified as a yard sale. days is per year,not in a row. public. Councilman Damiano asked how six Mr.Sleeseman stated that the six Mayor Hill opened the hearing to the Ms Debbie Anderson,330 W.16th Avenue,Apache Junction,a business owner in Apache Junction,stated that the Ordinance is agreeable,and asked i f i t is true that only items over $10 have to be receipted by swap meet vendors. City Clerk Kathleen Connelly replied that the present ordinance requires anything over $25 be receipted,but Ordinance No.641 proposed that every item be receipted,and the Committee's suggestion is that the vendors declare gross receipts on a daily basis. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 5 E l Ms Anderson stated that all other businesses have to receipt any items so i t is only fair that the vendors do the same. Mr.Keith Hilgendorf,Business Director of Apache Junction Chamber of Commerce,1075 W.Smoketree,Apache Junction,addressed the Council on behalf of the Chamber of Commerce thanking the Council for the opportunity to be part of the Committee,and that the recommendations are a result of sound discussion by the Committee members and offered the Chamber of Commerce assistance in the future. Mr.Parvin Schriber,5933 E.Main St.,Mesa,stated that the proposed ordinance will run off the vendors and may result in Park n'Swap closing,and opposed writing receipts for every item. Ms Connelly explained that the receipts have to be reported by total gross receipts daily,not each item. Ms Sandra Smith,3575 N.Prospector, Apache Junction,owner of Copperstate Trading Post,member of Committee to discuss this ordinance,stated that this Ordinance will not affect those who pay their sales tax and will decrease the amount paid with the $45.00 rather than a 50 space fee,and with proper implementation will force all vendors to pay sales tax. Mr.Mike Bloom,10704 Roadrunner, Apache Junction,addressed the Council in opposition to fees for part-time vendors. There being no one else wishing to speak,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.641 BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.641,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-6 SWAP MEET OPERATIONS, REGARDING LICENSE REQUIREMENTS FOR SWAP MEET VENDORS;REPEALING ANY CONFLICTING REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 6 PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.641,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT THE REGULATIONS FOR FULL TIME VENDORS BE AS FOLLOWS: $45 ANNUAL LICENSE FEE,BASED UPON 12 CONSECUTIVE MONTHS $45 ANNUAL RENEWAL FEE,BASED UPON 12 CONSECUTIVE MONTHS PAYMENT OF ALL REQUIRED CITY,COUNTY AND STATE SALES TAX ELIMINATION OF 50t PER SPACE PER DAY FEE ALL REQUIRED CITY/COUNTY/STATE LICENSES,PERMITS AND HEALTH CERTIFICATES MANDATORY REPORTING OF DAILY SALES BASED ON GROSS RECEIPTS IMMEDIATELY AFTER LAST TRANSACTION.ALL REPORTS TO BE FILED WITH THE CITY IN A MANNER TO BE ESTABLISHED BY THE CITY. ALL OTHER PROVISIONS OF THE ORDINANCE REGARDING THESE VENDORS AND THEIR SALES TO REMAIN THE SAME THAT THE REGULATIONS FOR "YARD SALE/GARAGE SALE"VENDORS BE: SUCH SALES APPLY TO THOSE PERSONS SELLING THEIR OWN PERSONAL HOUSEHOLD ITEMS SUCH SALES DO NOT INCLUDE THOSE PERSONS SELLING NEW GOODS OR USED GOODS THAT HAVE BEEN PURCHASED FOR PURPOSES OF RESALE SUCH SALES DO NOT APPLY TO ANTIQUES,RARE COINS,STAMPS ORDINANCE OTHER ITEMS THAT MAY BE CONSIDERED AS COLLECTABLES THAT SUCH VENDORS CONTINUE TO BE CHARGED THE 50t PER SPACE PER DAY FEE,PAYABLE AT THE TIME THE SPACE IS LEASED OR RENTED THAT THE MAXIMUM NUMBER OF DAYS PERMITTED TO OPERATE AS A "YARD SALE/GARAGE SALE"VENDOR BE LIMITED TO THREE DAYS. SUCH SALES SHALL NOT INCLUDE FOOD OR BEVERAGE ITEMS ANY SUCH VENDOR OPERATING UNDER THIS CATEGORY SHALL IMMEDIATELY OBTAIN A REGULAR CITY BUSINESS LICENSE PRIOR TO LEASING SPACE AT THE SWAP MEET ONCE THEY HAVE REACHED THE MAXIMUM NUMBER OF DAYS PERMITTED.NO SUCH VENDOR SHALL BE ALLOWED TO EXCEED THE MAXIMUM NUMBER OF DAYS WITHOUT FIRST COMPLYING WITH ALL BASIC CITY LICENSING REQUIREMENTS TO INCLUDE ALL NECESSARY LICENSES,PERMITS AND SALES TAX PAYMENTS. THAT THE DEFINITION OF SUCH VENDORS BE: ENGAGING IN THE RENTAL OF REAL PROPERTY, "YARD SALES/GARAGE SALES"ACTIVITIES FOR THAT THEY ARE ENGAGED IN ACTIVITIES SUCH ITEMS,NONE OF WHICH HAVE BEEN PURCHASED DURING ANY CALENDAR." "THOSE INDIVIDUALS,OTHER THAN THOSE MAY BE CONSIDERED TO BE ENGAGED IN THE PURPOSE OF THIS ARTICLE PROVIDED AS THE SALE OF PERSONAL,HOUSEHOLD FOR RESALE,ON NO MORE THAN THREE DAYS THAT THE REGULATIONS FOR NEW ITEM/RESALE ITEM VENDORS BE: THAT THESE REGULATIONS APPLY TO ALL VENDORS SELLING NEW GOODS AND/OR GOODS PURCHASED FOR THE PURPOSE OF RESALE REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 7 THAT VENDORS UNDER THIS CATEGORY,IF ATTEMPTING TO LEASE SPACE AT A SWAP MEET DURING CITY BUSINESS HOURS,SHALL,BEFORE LEASING SUCH SPACE,OBTAIN A REGULAR CITY BUSINESS LICENSE AT A COST OF $45.00,RENEWABLE ANNUALLY FOR THE SAME FEE, SUCH LICENSE TO BE VALID FOR 12 CONSECUTIVE MONTHS;THAT ALL APPLICABLE CITY, COUNTY AND STATE SALES TAXES BE PAID;THAT ALL OTHER REQUIRED CITY,COUNTY,AND STATE LICENSES AND PERMITS BE OBTAINED;THAT THEY COMPLY WITH ANY AND ALL REGULATIONS THAT PERTAIN TO FULL-TIME VENDORS LICENSED UNDER THIS ARTICLE. THAT ALL REQUIREMENTS FOR THESE VENDORS BE COMPLIED WITH PRIOR TO THE SALE OF ANY MERCHANDISE THAT VENDORS WHO LEASE OR RENT SPACE AT TIMES OTHER THAN NORMAL CITY BUSINESS HOURS COMPLY WITH THE FOLLOWING:PAY THE CURRENT 50t PER SPACE PER DAY FEE;PAY ALL APPLICABLE CITY,COUNTY AND STATE SALES TAX;PAY A BUSINESS LICENSE DEPOSIT FEE IN THE AMOUNT OF $25.00 PER DAY WHICH WILL BE APPLIED TO THE COST OF A REGULAR CITY BUSINESS LICENSE.SUCH REGULAR CITY BUSINESS LICENSE SHALL BE OBTAINED AT CITY HALL ON THE NEXT REGULAR BUSINESS DAY THAT CITY OFFICES ARE OPEN OR WITHIN THREE DAYS AFTER SUCH VENDOR HAS INITIALLY PAID THE LICENSE DEPOSIT FEE.FAILURE TO OBTAIN THE CITY BUSINESS LICENSE SHALL RESULT IN THE LICENSE DEPOSIT FEE TO BE FORFEITED.THE BUSINESS LICENSE DEPOSIT FEE SHALL CONTINUE TO BE CHARGED ANY VENDOR WHO SETS UP AT THE SWAP MEET WITHOUT FIRST HAVING OBTAINED THE REGULAR CITY BUSINESS LICENSE. ANY SUCH VENDORS UNDER THIS CATEGORY SHALL BE REQUIRED TO COMPLY WITH ANY AND ALL REGULATIONS PERTAINING TO FULL TIME VENDORS UNDER THIS ARTICLE.SUCH REGULATIONS INCLUDE REPORTS OF DAILY SALES BASED ON GROSS RECEIPTS,HEALTH CERTIFICATIONS,ETC. OTHER AMENDMENTS: WHOLESALERS:THAT DOCUMENTATION BE REQUIRED FOR ALL ITEMS SOLD ON A WHOLESALE BASIS TO INCLUDE THE NAME OF THE PURCHASER,ADDRESS,BUSINESS NAME AND ADDRESS, TELEPHONE NUMBERS,WHOLESALER'S LICENSE NUMBER AND STATE OF ISSUE,SOCIAL SECURITY NUMBER,STATE/FEDERAL TAX IDENTIFICATION NUMBERS,DRIVER'S LICENSE NUMBER,ETC. THAT ANY SALES MADE ON A WHOLESALE BASIS WITHOUT FIRST OBTAINING THIS INFORMATION OR WITHOUT ACQUIRING THIS INFORMATION SHALL CAUSE THE VENDOR TO BE RESPONSIBLE FOR THE PAYMENT OF SALES TAX.RECORDS SHALL BE KEPT DESCRIBING THE ITEMS SOLD,TO INCLUDE THE COST,OF ANY AND ALL SALES MADE ON A WHOLESALE BASIS. EXEMPTIONS: THAT NON-PROFIT AND CHARITABLE ORGANIZATIONS WHICH HAVE PROPERLY REGISTERED SUCH STATUS WITH THE CITY AND ACQUIRED SUCH STATUS FROM THE PROPER STATE AND FEDERAL AUTHORITIES BE EXEMPT FROM THIS ARTICLE.SUCH ORGANIZATIONS SHALL STILL BE REQUIRED TO OBTAIN REQUIRED COUNTY HEALTH PERMITS IF SELLING FOOD OR BEVERAGE ITEMS. I FURTHER MOVE THAT THE CITY CLERK REVIEW THE CITY CODE PROVISIONS CONCERNING SWAP MEET PROPRIETORS AND RECOMMEND AMENDMENTS TO THOSE PROVISIONS IN THE FOLLOWING AREAS: REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 8 1.REQUIRING A SWAP MEET OPERATOR TO IMMEDIATELY REPORT AND DEPOSIT WITH THE CITY CLERK ALL BUSINESS LICENSE DEPOSIT FEES ON THE NEXT REGULAR CITY BUSINESS DAY. 2.REQUIRING AS A CONDITION OF PERMITTING A SWAP MEET VENDOR TO ENTER THE SWAP MEET PROPRIETORS PREMISES FOR PURPOSE OF DOING BUSINESS,THAT THE PROPRIETOR SHALL INQUIRE AS TO THE VENDORS COMPLIANCE WITH THE CITY'S BUSINESS LICENSE REGULATIONS AND MAINTAIN RECORDS INDICATING ALL VENDORS COMPLIANCE. motion. motion: Councilwoman Perkins seconded the Councilman Damiano amended the THAT UPON IMPLEMENTATION OF A COMPUTER BY PARK N'SWAP,THE MAXIMUM NUMBER OF DAYS PERMITTED TO OPERATE AS A YARD SALE/GARAGE SALE VENDOR BE LIMITED TO SIX DAYS PER CALENDAR YEAR. Councilman Burgess seconded the motion. Councilwoman Gardner asked for an explanation on the amendment. Councilman Damiano explained that Mr.Sleeseman requested six days and stated that Park n'Swap would get a computer system,so until the computer is in i t should remain at three days. VOTE (on the amendment):Unanimous The amendment carried. City Attorney David Alexander stated that the Ordinance,as presented,has the emergency clause,and this will take some time to set up so the emergency clause should be deleted. Councilwoman Gardner amended the motion: THAT THE EMERGENCY CLAUSE BE DELETED FOR THE ENTIRE ORDINANCE. Councilman Burgess seconded the amendment. VOTE (on the second amendment):Unanimous The second amendment carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 9 MI I I VOTE (on the original motion):Unanimous The motion carried as amended. Mayor Hill recessed the meeting at 8:11 p.m. Mayor Hill reconvened the meeting at 8:28 p.m. PROPOSED ORDINANCE NO.637,AMENDING CITY CODE CHAPTER 13 PUBLIC WORKS, SECTION 13-2-3,PERTAINING TO REQUIRED OFFSITE IMPROVEMENTS FOR INDIVIDUAL SINGLE FAMILY CONSTRUCTION ) )City Attorney David Alexander stated that in the past direction was given to do away with the requirement of offsite improvements with concern to single family construction on individual lots,and Ordinance No.637 accomplishes this and also takes away,as a condition preceding to the issuance of a building permit,the requirement of dedication of right-of-way as far as single family construction.Included in the Ordinance is the requirement for the dedication of street right-of-way as a condition for a building permit for new construction,and i f there is a desire to omit the requirement of dedication,i t can be accomplished by deleting certain words.He also also stated that the legal ramifications,as previously discussed,are not clear-cut. City Manager Bill Da Vee stated that basically,i t is the means of the City securing the right-of-way,being a problem for street systems. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Perkins MOVED THAT ORDINANCE NO.637 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 10 Vice Mayor Bluntschly seconded the City Clerk Kathleen Connelly read as • ORDINANCE NO.637,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 13 OF THE APACHE JUNCTION CITY CODE,SECTION 13-2-3,STREET IMPROVEMENTS,BY REPEALING SECTIONS 13-2-3.6 AND C,AND ENACTING SECTIONS 13-2-3.6 AND C OF THE APACHE JUNCTION CITY CODE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Connolly MOVED THAT ORDINANCE NO.637,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. Vice Mayor Bluntschly seconded the Councilman Burgess stated that there is a problem with the legality of this ordinance,and to require the dedication of the 17 foot right-of-way could make the sale of some property impossible. Vice Mayor Bluntschly stated that this is more advantageous for both parties than requiring the offsites,and that there may be no statutory authority,but the City Attorney did not say this is illegal,and in the interest of the development of this community,this is necessary. Vice Mayor Bluntschly. Councilwoman Perkins agreed with Councilman Burgess stated that i t will be necessary to pay some property owners for those rights -of -way,and others are required to give i t to the City for nothing,and that there should be an equitable way to obtain these rights -of -way,as this will cause court cases. Mayor Hill stated that most people would not want to pay taxes on property that will be part of a street,and that one person has blocked off an entire neighborhood by blocking off his property, but this same person drives all over town on City streets,and that this ordinance is necessary for proper street development. VOTE:In Favor:Councilman Damiano,Councilwoman Perkins,Councilwoman Gardner Councilman Connolly,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilman Burgess The motion carried. TRANSPORTATION BOARD RECOMMENDATION FOR STATE ROUTE 88/IDAHO ROAD/SCENIC STREET INTERSECTION FOR COUNCIL CONSIDERATION ) )Director of Public Works Rich Broman REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 11 a explained that staff has for some time been reviewing alternatives for the State Route 88/Idaho Road/Scenic Street intersection,and that after receiving public input,the Transportation Board has recommended Alternative 1 and 1-A,which is to alter Scenic Street just west of Winchester Road.Mr.Broman stated that another alternative that has been presented is to make Scenic a one-way street eastbound,and that the ADOT District Engineer has indicated that as long as a "raised median"is part of the recommendation this alternative would be acceptable to the State.Mr.Broman also explained Alternative E is to provide for a future right-of-way half -way between Idaho and Winchester,on Sombrero. Councilman Burgess asked i f with Option E there is no combination with anyone's property. Mr.Broman replied that this is true. Councilman Connolly asked i f we should reserve an option on Sombrero. Mr.Broman stated that this is a good idea. Vice Mayor Bluntschly asked how many property owners are involved where there should be future dedication of Sombrero,and how many have been communicated with. Mr.Broman stated that there are four property owners involved,and two were in favor of dedication. Mr.Rand Asay,420 N.Apache Trail, Apache Junction,stated that he resides in Mesa,but is a property owner at the intersection of Idaho and State Route 88,and he encouraged the Council to approve an alternative that does not affect the intersection due to damage to businesses. Mayor Hill stated that there would have to be alternative roads provided i f there is construction in the intersection. Mr.Asay stated that he was referring to the alternative abandoning State Route 88 north of Idaho,but noticed that this option is not presently being considered. Mayor Hill replied that that particular alternative was discussed and discarded. Mr.Pat Flynn,1221 N.Hilcrest, Mesa,property owner on Sombrero,suggested parking lot access rather than streets,and asked that his father be made more aware of these proposals,and that the properties in question may be expensive to obtain for dedications. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 12 There being no one else wishing to speak,Mayor Hill closed the hearing to the public. Vice Mayor Bluntschly MOVED THAT ALTERNATIVE OPTION "E"BE APPROVED,WHICH MODIFIES SCENIC STREET AS A ONE-WAY EASTBOUND CORRIDOR BETWEEN IDAHO AND WINCHESTER ROADS. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. STREET LIGHT ASSESSMENTS ) )Engineering Technician Jerry Brady stated that Arizona Revised Statutes requires that the Council shall each year fix,levy and assess the amount to be taxed upon all of the property of the district and collect as county taxes are collected,and that there is an increase in the rates this year,and provided a list of assessments for Council review and consideration. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Damiano MOVED THAT THE ASSESSMENTS AS LISTED ON EXHIBIT "C"BE APPROVED AND FORWARDED BY THE CITY MANAGER TO PINAL COUNTY FOR COLLECTION. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS HEAD START AGREEMENT ) )City Attorney David Alexander explained that the agreement was reviewed and modifications suggested,and the agreement presented has the changes incorporated. Councilwoman Gardner MOVED THAT THE AGREEMENT FOR HEAD START BUILDING BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 13 III motion. a fire hydrant near the building location. fire hydrant scheduled to be put in. Councilman Damiano seconded the Councilman Damiano asked i f there is Mr.Broman replied that there is a Vice Mayor Bluntschly asked i f the agreement could be identified for the record. Mr.Alexander stated,for the record,that this is the agreement between the City of Apache Junction and Pinal/Gila Community Child Services,Inc. VOTE:Unanimous The motion carried. NEW BUSINESS RESOLUTION NO.88-27,OPPOSING HIGHER TELEPHONE RATES CHARGED CITY RESIDENTS ) )Councilman Damiano gave recognition to Ms Anita Marie Capps,who initiated this action opposing long distance rates for Apache Junction residents,and who has also filed with the Corporation Commission requesting more comparable rates. Councilman Damiano MOVED THAT RESOLUTION NO.88-27,A RESOLUTION OPPOSING HIGHER TELEPHONE RATES CHARGED CITY RESIDENTS,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. RESOLUTION NO.88-28,AMENDING AGREEMENT WITH STATE DEPARTMENT OF REVENUE TO PERMIT CITY AUDIT OF SALES TAX FOR COLLECTION PURPOSES ) )City Clerk Kathleen Connelly explained that this is the first step to be taken to conduct an audit program for sales tax collection,and that this will amend the agreement with the State REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 14 I I Department of Revenue for the collection of city taxes,and stated that the State is agreeable to this amendment,and that the next step will be to set up a hearing appeals process. Councilwoman Gardner MOVED THAT RESOLUTION NO.88-28,AMENDING AGREEMENT WITH STATE DEPARTMENT OF REVENUE TO PERMIT CITY AUDIT OF SALES TAX FOR COLLECTION PURPOSES,BE APPROVED AND ADOPTED. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. MAINTENANCE WITHIN CITY RIGHT OF WAY )Mr.Broman explained that this action provides for maintenance within a right-of-way,and the area is west of Ironwood between 12th Avenue and 16th Avenue.He stated that the developer landscaped the area before the agreement existed with the City for maintenance, and that the developer was allowed to do that provided the City did not incurr any cost.Mr.Broman stated that presently the ownership has changed with the landscaping falling into disrepair as the developer will not maintain the area, and that there is a question as to whether the City or the Homeowners Association should be maintaining this area. Mr.Broman stated that the suggestion from the Homeowners Association is that the City initially clean the area,place granite and sidewalk,and than the Association will continue the maintenance,and outlined the options for Council consideration. Mayor Hill asked i f the Apache Villa Homeowner's Association representative would like to address the Council. Mr.Vern Crider,1509 S.Palo Verde, Apache Junction,stated that he is the only Association member present in Apache Junction at this time,and any special business requires a quorum to make a decision,but that the City had already put in a lot of sidewalk. Councilwoman Gardner informed Mr.Crider that the developer installed the sidewalk,not the City,and asked i f since the developer was maintaining in past,did he indicate what arrangements had been made for maintenance. Mr.Crider replied that the developer Mr.Ray was doing maintenance to sell lots,but as they aren't selling anymore they don't wish to maintain the area,and the Homeowner's Association has not been able to contact the developers. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 15 1111 Councilman Connolly MOVED THAT THE CITY MINIMALLY CLEAN THE AREA AND WAIT UNTIL OCTOBER WHEN A QUORUM OF HOMEOWNER'S ASSOCIATION MEMBERS ARE AVAILABLE,SO THAT THEY CAN BE REPRESENTED IN DEALING WITH THIS SITUATION. area was just cleaned. can just wait until October then. motion. VOTE:Unanimous The motion carried. Councilwoman Gardner stated that the Councilman Connolly stated that we Councilman Burgess seconded the COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION: A.DISCUSSION AND DIRECTION TO REVIEW EXISTING BUSINESS LICENSE FEES AND REGULATIONS B.DISCUSSION AND DIRECTION ON EXPENDITURE LIMITATION City Clerk Kathleen Connelly stated that Council has discussed making amendments to the existing business license regulations,to create uniformity in procedures,eliminate any exemptions that might exist for special interest groups or certain organizations,remove any regulations that may be considered preferential,create a fee structure which is fair and equitable,and to identify other areas of concern,one being that the number of days allowed for a yard sale.Ms Connelly requested authorization to begin reviewing the ordinance to make changes,with specific areas in mind,and suggested the Council review a draft at a work session in October and establishing a committee of business owners in the community to make recommendations. City Manager Bill Da Vee explained that four years ago the City obtained authority from the electorate to exceed the expenditure limitation imposed by State Constitution,and the change in State Law was intended to limit the amount of authority that a local government would have to increase it's budget,which is imposed on all local governments in this state and is a component of the population taken from the base year of 1979 and 1980 with economic factors which computes the amount the City can spend in a budget.Mr.Da Vee stated that this formula has been very difficult for cities,particularly those such as Apache Junction that are in "growth posture", and presented to the Council on expenditure limits by the Economics Estimate Commission of the State,which shows what the expenditure limitations are for all cities,and the City of Apache Junction has the authority until 1989 to REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 16 l i exceed that.Mr.Da Vee also stated that we are required to have an election each fourth year to exceed that limitation,and pointed out some of the inequities of the formula. Mr.Da Vee recommended that the City should look at a plan of action that would deal with the expenditure limitation in terms of the possibility of the voters not giving the authority to spend,and stated that the Council has received a summary in terms of the present budget compared to what would have to be cut out with the limitation,which is about one-third of the present operating budget,and suggested the preparation of a budget showing the expenditure limits and presenting options on how that budget could be balanced,and what services the City provides now would be affected, with a review by a citizens committee to make recommendations to the Council,to provide this plan of action. Mr.Da Vee also pointed out that the base year used for the formula is 1979-80,which of course the year that this community was formulated,when the budget was $1,581,484.00 which was a "start up"budget,and this is one of the problems that confronts us. Mayor Hill stated that this is a very serious problem,and will require a lot of attention. Councilman Burgess MOVED THAT DIRECTION BE GIVEN THE CITY CLERK,THROUGH THE CITY MANAGER,TO REVIEW CURRENT BUSINESS LICENSE REQUIREMENTS.SUCH REVIEW SHOULD INCLUDE THE FOLLOWING AREAS: FEE STRUCTURE INEQUITIES,AND ALL THE SUGGESTIONS MADE BY THE CITY CLERK; I FURTHER MOVE THAT SUCH INFORMATION BE RETURNED FOR COUNCIL REVIEW AT THE FIRST WORK SESSION IN OCTOBER. I MOVE THAT CITY STAFF BE DIRECTED TO PREPARE A BUDGET WHICH WOULD COMPLY WITH THE STATE EXPENDITURE LIMIT; AND THAT A CITIZENS COMMITTEE TO REVIEW THE BUDGET ALTERNATIVES,BE APPOINTED AND WORK WITH THE CHAMBER OF COMMERCE AND ANY OTHER INTERESTED PARTIES. Councilman Damiano seconded the motion. Councilwoman Gardner asked i f the Committee would be through the Chamber of Commerce or i f members of the Chamber would be part of the Committee. Mr.Da Vee stated that the Committee should be as broad a based committee as possible,and suggested homeowner associations,human service delivery agencies,along with Chamber of Commerce representatives. Vice Mayor Bluntschly suggested that during the review i t be taken into consideration to include specifically the REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 17 minimum fee for renewal of business license,the liquor license fees,that the fee schedule be amended upward,that the delinquency fees be elevated,that any business in the City operating any other place than at their primary location, be required to carry an ID card. Vice Mayor Bluntschly further stated that regarding the expenditure limitation committee,there should be two representatives from the business community,two citizens at large,two members of the Chamber of Commerce,one from the Economic Development,and one from staff to be be appointed. Councilman Connolly commented that someone operating outside the main location of their business carrying identification cards,in some instances may be necessary,but would not be feasible otherwise,such as insurance or real estate agents,bottled water deli verymen. Vice Mayor Bluntschly stated that he provides a mobile service outside the shop,and cannot see why i t would be a problem,but that i t is a reasonable expectation. Councilwoman Gardner stated that she appreciates salesmen clipping their identification from City Hall on their person,as i t gives citizens a guarantee that they are licensed. Councilman Connolly stated that this requirement for all workers,such as construction workers,would be unreasonable. Mayor Hill pointed out that i t would increase revenue,as present revenue does not pay for an employee to collect those fees and taxes. Councilman Burgess stated that the idea has advantages and disadvantages. Vice Mayor Bluntschly asked that his business license and expenditure limitation committee suggestions be an amendment to the motion. Vice Mayor Bluntschly amended the amendment to include THAT AT THE DISCRETION OF THE CITY MANAGER,COMMITTEE MEMBERS BE DESIGNATED. amendment. VOTE (on the amendment):Unanimous VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 18 Councilwoman Gardner seconded the The motion carried as amended. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: WORK SESSION,SEPTEMBER 6,1988 AT 6:00 P.M. EXECUTIVE SESSION,SEPTEMBER 6,1988 AT 6:00 P.M. WORK SESSION FOR SIGN CODE AMENDMENTS Councilwoman Gardner MOVED THAT A WORK SESSION BE HELD ON SEPTEMBER 6,1988,AT 6:00 P.M.,AND AN EXECUTIVE SESSION BE HELD ON SEPTEMBER 6,1988,AT 6:00 P.M.; AND THAT A WORK SESSION ON THE SIGN CODE AMENDMENTS,BE HELD ON SEPTEMBER 19, 1988,AT 6:00 P.M. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Gardner reported that the Chamber of Commerce is working on the Fall Fiesta Committee,and will be meeting on November 19th and i f anyone is interested call Sharon Alger,and also that the July 13th Marketing Seminar was a success with 40 local business people attending.Councilwoman Gardner also reported that on August 6th there is a Stress Management Seminar,a Tourism Committee meeting on August 9th,and a Board of Directors meeting on August 11th. ADJOURNMENT )There being no further business to discuss,Mayor Hill adjourned the meeting at 9:58 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of July 19,1988 *3.Claim Against City,Virzuela *4.Authorization for Councilmember to be absent from the City for more than 30 days. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 19 *5.Ratification of previous Council action:Architect selection for Handicapped Center of June 21,1988 *6.Award of Bid for Umpiring Services *7.Award of Bid for Head Start Electrical &Telephone Distribution Syuste, PW #800-23-E *8.Award of Bids for Fuel,Paving Materials,Sand and Aggregates,and Street Striping ACCEPTED THIS 6TH DAY OF SEPTEMBER COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ,1988,BY THE MAYOR AND CITY SIGNED AND ATTESTED TO THIS 13TH DAY OF SEPTEMBER ,1988. NORMAN S.HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 2,1988 PAGE 20