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HomeMy WebLinkAbout1985-09-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 3,1985 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 3,1985,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 7:23 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Baljo,Councilman Eidson, Councilwoman Gardner,Councilman Jimenez,Councilwoman Taylor, Vice Mayor Bakkedahl,Mayor Hill City Manager Michael J.McNulty City Clerk Kathleen Connelly Director of Planning Chuck Newcomer Representing Director of Public Safety,Lieutenant Reed Cox Director of Public Works Rich Broman Deputy City Clerk Lori Clark City Attorney David Alexander Superintendent of Community Services Jeff Bell Economic Development Specialist John Schoeph Ms Deanene Weber 551 S.Main Drive Apache Junction,AZ 85220 Mr.Tom Kanasey Supervisor Youth and Family Services City of Tempe Mr.Roger Locke Arizona Department of Corrections Bureau of Prevention Services Ms Sharon Scully Department of Corrections Ms Sylvia Stevens 612 N.Signal Butte Apache Junction,AZ 85220 Mr.Keith Stachar 6301 E.Roundup Apache Junction,AZ 85220 Mr.Jim Swanson 5274 E.2nd Avenue Apache Junction,AZ 85220 Mr.Chuck Jazstremski 5722 E.10th Avenue Apache Junction,AZ 85220 Ms Martha Hopkins 538 N.Goldfield Apache Junction,AZ 85220 Mr.Gary Fuller 1855 E.Southern Avenue Mesa,AZ Attorney Bob Jones 7007 E.Apache Trail Mesa,AZ ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Bakkedahl MOVED THAT CONSENT AGENDA ITEM NOS.1 AND 2 BE ACCEPTED AS PRESENTED. Councilman Baljo seconded them motion. VOTE:In Favor:Councilman Baljo,Councilman Jimenez,Councilman Eidson, Councilwoman Taylor,Councilwoman Gardner, Vice Mayor Bakkedahl Abstained:Mayor Hill The motion carried. Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS Ms Deanene Weber,551 S.Main Drive,Apache Junction,introduced Sharon Scully and Roger Locke,to give a presentation on Youth Advisory Board. Mr.Tom Kanasey,Supervisor of Youth and Family Services,City of Tempe,addressed the Council outlining the membership and purpose of the Youth Advisory Board for the City of Tempe. Councilman Jimenez asked how the Board benefits the City and community. Mr.Kanasey stated that this Board has the status of any other Board or Commission and provides input at Council meetings,and many programs are adopted through their efforts. Mr.Roger Locke,Delinquency Prevention,Arizona Department of Correction Bureau of Prevention Services,addressed the Council in regards to funding for such a program,stating that the opportunities for funding are favorable. Ms Sharon Scully,Department of Corrections,stated that this organization i s a resource for funding of youth programs,as well as technical direction. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 2 OF 20 Councilman Baljo thanked these speakers for attending the Council meeting. City Manager Michael J.McNulty introduced the new City Building Official/Zoning Administrator,Charles L.Coleman. PUBLIC HEARINGS PROPOSED ORDINANCE NO.382,PZ-19-85, RESIDENTIAL DISTRICT AMENDMENTS )Director of Planning Chuck Newcomer requested that this ordinance be postponed until the regular Council meeting of September 17,1985,at which time a recommendation will be available from the Planning and Zoning Commission. Councilwoman Taylor MOVED THAT PROPOSED ORDINANCE NO.382,PZ-19-85,RESIDENTIAL ZONING DISTRICT AMENDMENTS,BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF SEPTEMBER 17, 1985. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.393, PZ-31-85,NEHLS AND STEVENS )Mr.Newcomer briefed the Council on the request for rezoning from GR General Rural t o TH Trailer Homesite of four 1 1/4 acre parcels,located at the southeast corner of the intersection of East Broadway Avenue and South Tomahawk Road i n Section 27. Ms Sylvia Stevens,612 N.Signal Butte,Apache Junction,co-owner of the property,requested approval of the application,explaining that the applicants wish t o place three mobile homes on each of the parcels. the trailers have been on the property. Councilwoman Taylor asked how long Ms Stevens replied that they have been on the property for 18 months,and acknowledged that there are protests against the rezoning. Ms Stevens further explained that there would be sufficient footage per unit,as required. Councilman Jimenez asked i f the four mobiles had been put on the property after i t was purchased. Ms Stevens replied that i t was understood at the time that i t was legal,i n conformance with State information. City Attorney David Alexander explained that the State i s telling property owners that they may divide the property into as many parcels as desired,complying with zoning regulations, as long as the owners don't sell the land nor lease for longer than a year, but that once the property i s divided into more than three parcels,i t appears to be a subdivision and must comply with City Subdivision regulations. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 3 OF 20 Councilman Jimenez commented that the illegal split occured prior to Ms Stevens acquiring the property. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill called upon the Director of Planning for recommendations. Mr.Newcomer stated that staff had a concern with there being a split of more than three parcels,and that the protests represent 70%on the east side of the property which necessitates a three-quarter vote by Council for approval,and further stated that the Planning and Zoning Commission recommend approval with stipulations. Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.393,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.393,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 IN REZONING CASE PZ-31-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.393,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 IN REZONING CASE PZ-31-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. Councilman Jimenez stated that the protesters made valid points and that the Council i s working on solving these types of problems. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.405,PZ-39-85, BUSBOOM,EDWARDS AND WYNN )Mr.Newcomer briefed the Council on the application for rezoning from GR General Rural to C-3 General Commercial District of two 2 1/2 acre parcels,3.5 acres net,bounded by South Tomahawk Road,South Vista Road,East 11th Avenue and East 12th Avenue. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 4 OF 20 Mr.Keith Stachar,6301 E.Roundup, Apache Junction,representing the applicant,stated that this i s an attempt to create a small but highly diverse commercial development,specifically service type businesses. Councilman Jimenez expressed concern that without a planned development on this property,i t could become similar to businesses to the south. Councilman Baljo stated that the restrictions on a C-3 zone i n the new Zoning Ordinance are strict enough t o prevent an eye -sore. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill called upon the Director of Planning for recommendations. Mr.Newcomer noted that the property i s close t o Highway 60,Tomahawk Road i s an arterial roadway,property to the west has been rezoned to CB -1 and land to the south i s CB -2 zoning,and that the designation for area i s low density residential with adjacent properties to the north and east are zoned General Rural,and stated that the Planning and Zoning Commission recommend approval with the stipulations that dedications be made for public roadway purposes,and also that this area should be considered for a change i n the next revision of the General Plan. Mr.Stachar stated that with the requirements of the new C-3 zoning,this development will help promote the property to south with non -conforming uses. Mayor Hill closed the hearing to the public. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.405,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.405,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 IN REZONING CASE PZ-39-85 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO.405,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 IN REZONING CASE PZ-39-85 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 5 OF 20 Councilman Jimenez expressed his feeling that this is deviating from the General Plan,and suggested that a site plan be requested or this property be rezoned with a planned development. Councilman Baljo stated that an additional restriction should not be added without applicant participation. City Attorney David Alexander advised that a condition may be placed on the rezoning i f the Council i s so inclined,and the applicant does not have to accept such a rezoning. Councilman Jimenez amended the motion by approving the rezoning with the applicant submitting a site plan to the Planning Department for review. Councilwoman Gardner seconded the motion. Councilwoman Taylor expressed her feeling that the applicant should be able to reply to this restriction. Councilman Jimenez MOVED THAT THE PUBLIC HEARING BE REOPENED. Councilman Baljo further discussed the General Plan designation of the application. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilman Eidson,Councilman Jimenez,Councilwoman Taylor Councilwoman Gardner,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Baljo The motion carried. Mr.Keith Stachar stated that anything that would be included in a site plan is already required with any type of development when dealing with the Building Department,Engineering, Fire Department,Health Department as the development progresses. Mr.McNulty agreed that site plans will have to be submitted for drainage retention,parking,set -backs,and street off -site improvements. Councilman Jimenez asked i f planned development procedures would include anything not mentioned as routine plans for any development. Mr.Newcomer replied that structure heights,land uses,points of access,landscaping and screening from residential areas would also be of major concern. Mayor Hill closed the hearing to the public. VOTE (On Amendment to the Motion):In Favor:Councilwoman Gardner, Councilman Jimenez Vice Mayor Bakkedahl Mayor Hill Opposed:Councilman Eidson, Councilwoman Taylor Councilman Baljo The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 6 OF 20 Councilman Baljo amended the amendment to the original motion THAT THE SITE PLAN WILL BE SUBMITTED TO THE PROPER CITY DEPARTMENT AT THE PROPER TIME OF DEVELOPMENT. Councilman Eidson seconded the motion. VOTE (On Amendment to the Amendment to the Original Motion): In Favor:Councilman Baljo,Councilman Eidson,Councilwoman Gardner, Councilwoman Taylor,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Jimenez The motion carried. VOTE (On the Original Motion): In Favor:Councilman Baljo,Councilman Eidson,Councilwoman Gardner, Councilwoman Taylor,Councilman Jimenez, Vice Mayor Bakkedahl,Mayor Hill The motion carried. PROPOSED ORDINANCE NO.418,HEALTH PERMITS (With Emergency Clause) )City Clerk Kathleen Connelly explained that as part of the Intergovernmental Agreement with the Pinal County Health Department this adopts licensing requirements for those businesses that serve food or beverages,and this ordinance puts those stipulations into the City Code. Mayor Hill asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Taylor asked i f this includes ice cream vendors,etc. Ms Connelly replied that this requires that they also obtain health certificates prior to licensing. Councilman Eidson asked i f this would prohibit clubs having cake sales or girl scouts selling cookies. Mr.McNulty stated that this i s basically addressing the preparation and preservation of food,and if we wish the County to perform this service we are required to indicate so,i f not,i t would be necessary for the City to provide the service.Mr.McNulty further stated that the County i s requesting that we not issue business licenses prior to securing a County Health Certificate. Mr.McNulty explained that charitable organizations not required to obtain a business license,would not be required to have a health inspection. Ms Connelly stated that the swap meet proprietor requires all food vendors within the swap meet to have a health certification. Councilman Eidson MOVED THAT ORDINANCE NO.418,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 7 OF 20 The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.418,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 SECTION 8-1-10 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED AND AMENDING SECTION 8-5-14 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.418,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 SECTION 8-1-10 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED AND AMENDING SECTION 8-5-14 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.421, ESTABLISHING SPEED LIMIT ON LOST DUTCHMAN FROM IDAHO ROAD TO GOLDFIELD ROAD (With Emergency Clause) )Mayor Hill opened the hearing to the public. Director of Public Works Rich Broman explained that the portion of Lost Dutchman Boulevard between Idaho Road and Goldfield Road i s lacking a speed designation and that this ordinance provides that. Mayor Hill asked i f anyone wished to speak on this item.There being no one wishing to address the Council, Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.421,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Baljo seconded the City Clerk Kathleen Connelly read: as ORDINANCE NO.421,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING THE SPEED LIMIT ON LOST DUTCHMAN BOULEVARD BETWEEN GOLDFIELD ROAD AND IDAHO ROAD;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 8 OF 20 Councilman Baljo MOVED THAT ORDINANCE NO.421,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING THE SPEED LIMIT ON LOST DUTCHMAN BOULEVARD BETWEEN GOLDFIELD ROAD AND IDAHO ROAD;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.422, ESTABLISHING ANIMAL REGULATIONS (With the Emergency Clause) )Mayor opened the hearing to the public. Ms Connelly stated that this ordinance i s i n conjunction with the proposed equine zoning district regulations,which will possibly be presented to the Council on September 17th regular meeting,and combines recommendations from the Superstition Horseman's Association and Pinal County Animal Regulations,and includes harboring of animals,sanitary conditions of premises,and provides for enforcement. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the issue. Councilwoman Taylor MOVED THAT ORDINANCE NO.422,BE POSTPONED FOR FURTHER DISCUSSION. Vice Mayor Bakkedahl seconded the motion. Mr.Chuck Jazstremski,5722 E.10th Avenue,Apache Junction,addressed the item stating that this ordinance i s a result of discussion between the City and the Horseman's Association but has been altered,specifically i n regards to manure removal,and requested that those sections of the ordinance be made less restrictive. motion. second. Councilwoman Taylor withdrew the Vice Mayor Bakkedahl withdrew the Councilwoman Taylor MOVED THAT ORDINANCE NO.422 BE AMENDED BY DELETING THE WORDS "ONE TIME PER WEEK OR" FROM SECTION 6-6-3 (A)SANITARY REGULATIONS,AND BY DELETING PARAGRAPH B OF THE SAME SECTION. Mr.Jim Swanson,5274 E.2nd Avenue, Apache Junction,addressed the Council i n opposition to the proposed ordinance,requesting specific changes. Ms Martha Hopkins,538 N.Goldfield, Apache Junction,expressed the opinion that manure should be removed every 30 days,and that the original ordinance i s not too restrictive,and complained about a neighbor with a manure problem. Councilwoman Taylor replied that i n the past the Horseman's Association has done some policing of other horse owners. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 9 OF 20 Councilman Baljo stated that the ordinance should be acted on and possibly amended at a later date. Mr.Jazstremski stated that the remedy i s not to put a number of days that manure must be removed,but should read "as often as necessary". Councilman Eidson stated that other complaints have been made with regards to manure problems,and asked i f the City may issue citations or does this have to go through the Pinal County Health Department. Mr.McNulty replied that an ordinance such as this would allow enforcement by the City. Councilwoman Gardner asked i f this ordinance were passed tonight,when would i t take effect? Ms Connelly stated that as this ordinance does include the emergency clause,i t would take effect immediately. Mr.McNulty clarified that the amendments would include striking "one time per week or"i n Section 6-6-3 (A),and paragraph B i n that same section. Councilman Baljo seconded the amendment to the ordinance. VOTE (On Amendment to the Ordinance):Unanimous The amendment to the Ordinance No.422 carried. Councilwoman Gardner MOVED THAT ORDINANCE NO.422 AS AMENDED,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.422,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 6 ANIMALS,BY ADDING ARTICLE 6-6 KEEPING OF ANIMALS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.422,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 6 ANIMALS,BY ADDING ARTICLE 6-6 KEEPING OF ANIMALS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED AS AMENDED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 10 OF 20 Mayor Hill recessed the meeting at 9:25 p.m. Mayor Hill reconvened the meeting at 9:35 p.m. PROPOSED ORDINANCE NO.423, TRAFFIC CONTROL DEVICES (With the Emergency Clause public. Mayor Hill opened the hearing to the Mr.Broman explained that this ordinance would allow the City to install approximately eight stop signs at various locations. Mayor Hill asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Jimenez MOVED THAT ORDINANCE NO.423,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.423,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.423,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.424, YOUTH ADVISORY BOARD (With the Emergency Clause) public. Councilman Baljo seconded the )Mayor Hill opened the hearing to the Ms Connelly explained that this ordinance establishes a Youth Advisory Board,consisting of nine members, of which five would be juveniles and four adults,and establishes other requirements and a brief description of duties. Councilwoman Taylor expressed her feeling that more juveniles should be on the Board. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 11 OF 20 Mayor Hill stated that more could be added i n the future. Councilman Eidson MOVED THAT ORDINANCE NO.424,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.424,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,BY ADDING ARTICLE 2-14 YOUTH ADVISORY BOARD;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Jimenez MOVED THAT ORDINANCE NO.424,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,BY ADDING ARTICLE 2-14 YOUTH ADVISORY BOARD;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED,AND THAT DEE WEBER BE APPOINTED TEMPORARY COORDINATOR. Councilman Jimenez explained that this appointment was made to provide a person to begin organizing the Board. City Attorney Alexander advised that no appointments should be made at this time as i t i s not on the agenda. Mr.McNulty suggested the Community Services Department be appointed on a temporary basis. Councilman Jimenez stated that he did not wish to withdraw the appointment,and felt that this would not violate Parliamentary Procedures. Councilwoman Gardner seconded the motion. Councilman Eidson asked again i f this appointment would be violating Open Meeting Law. Mr.Alexander stated that he felt i t was,but possibly not as long as this person had no powers. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.425, TRASH PICK-UP public. Mayor Hill opened the hearing t o the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 12 OF 20 Ms Connelly stated that this proposed ordinance establishes hours of operation from 6:00 a.m.t o 7:00 p.m.and also prohibits mechanical compaction of trash within a residential district,for trash disposal companies.Ms Connelly also explained that on two different occasions,letters were sent to the companies requesting that they comply with the hours of operation without passing an ordinance,but that avenue was not successful. Mr.McNulty stated that upon speaking with trash companies,6:00 a.m.i s considered a standard for other cities,however,the compacting prior to 8:00 a.m.restriction i s extremely limiting and the 6:00 a.m.requirement should be sufficient. Councilwoman Taylor gave the opinions of the trash companies that possibly these restrictions were not necessary,and could possibly cause an increase i n price. Mr.McNulty further explained that i t should not cause an increase i n price,but that the companies would have to work later,having started later and this i s a typical hour of operation for all cities i n the valley,and that the trucks have to compact every few pick-ups,and by not being able to compact trash until 8:00 a.m.,would prevent them from picking up. Councilwoman Gardner suggested deleting the restriction regarding trash compaction from the proposed ordinance. Councilman Eidson stated that the hours of operation should be until at least 9:00 p.m. Councilman Baljo MOVED THAT ORDINANCE NO.-425:BE AMENDED TO CHANGE SECTION 8-5-25 (A)TO 9:00 P.M.AND TO DELETE PARAGRAPH B. Councilwoman Taylor seconded the motion. VOTE (On Amendment to the Ordinance):Unanimous The motion carried. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.425,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Baljo seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.425,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 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,BY ADDING SECTION 8-5-25 HOURS OF OPERATION FOR TRASH DISPOSAL COMPANIES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 13 OF 20 Councilwoman Gardner MOVED THAT ORDINANCE NO.425,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 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,BY ADDING SECTION 8-5-25 HOURS OF OPERATION FOR TRASH DISPOSAL COMPANIES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.426, INDUSTRIAL DEVELOPMENT AUTHORITY (With the Emergency Clause) )Mayor Hill opened the hearing to the public. Ms Connelly explained that this ordinance creates the Industrial Development Authority,establishes number of members,officers,and what constitutes a quorum,in the City Code. Mayor Hill asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.426,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.426,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,BY ADDING ARTICLE 2-15 INDUSTRIAL DEVELOPMENT AUTHORITY;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO.426,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,BY ADDING ARTICLE 2-15 INDUSTRIAL DEVELOPMENT AUTHORITY; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 14 OF 20 NEW BUSINESS PRELIMINARY PLANNED DEVELOPMENT APPROVAL REQUEST,PZ-67-84,HATTIE'S SELF STORAGE -PHASE I )Mr.Newcomer stated that this i s an application for a Planned Development for Hattie's Attic Self Storage, Phase I ,which will be a mini storage and R.V.storage and Phase I I i s proposed for mini storage and leased office space. Mr.Gary Fuller,1855 E.Southern Avenue,Mesa,builder of the project,requested approval. Councilwoman Gardner asked how much space would be open. Mr.Fuller replied approximately 7% would be open space and that there would be a retention basin of trees and landscaping. Councilman Baljo asked why the developers chose to go with planned development and explained that with this there are additional restrictions,rather than CB -2 rezoning. Councilman Eidson agreed that the 20%open space i s restrictive for the size of this project. Vice Mayor Bakkedahl asked why open space i s necessary for this type of project. Mr.Newcomer explained that this would provide a buffer between the project and adjacent homes and that the open space i s a requirement i n the planned development ordinance. Mr.McNulty stated that when the planned development ordinance was adopted,the intent was that i t be applied to residential type developments and that the ordinance i s really not compatible with commercial developments,and that the way the ordinance i s written there i s no choice. Councilwoman Taylor asked i f this indicated that the development could be amended by deleting the 20%open space requirement. Mr.McNulty replied that the ordinance itself would have to be amended,and that the rezoning would have to be amended also. Mr.Newcomer quoted the section of the planned development ordinance pertaining to open space requirements. Mayor Hill expressed his feeling that i t was a waste of land and the developers money to require that much of an open space. Mr.McNulty stated that certain requirements may be waived,such as set -backs,but not open space. City Attorney David Alexander advised the Council that they have the power to pass any law they desire, but not necessarily i n accordance with the Statutes and Constitution and can be challenged by someone not receiving the same consideration. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 15 OF 20 Councilman Baljo suggested that they pass the development request with amendment,and request a moratorium on planned developments until the ordinance can be amended,so that other commercial planned developments would not have a reason for contesting the decision. Councilman Jimenez stated that Council should not set a precedent with this case. Mr.Bob Jones,7007 E.Apache Trail, Mesa,Attorney for the applicant,brought to the Councils attention what he felt were flexible points in the ordinance without setting a precedent. Councilman Baljo agreed that i t was not the intent upon writing the ordinance,that a precedent would be set for the Council to amend a development. City Attorney Alexander replied that i n that particular provision,Council can change base district zone and other developmental standards of CB -2,but planned development provisions has other developmental standards,so this provision only changes base district zone sections,and reiterated that by changing the planned development i t could be challenged. Mayor Hill suggested changing the ordinance prior to acting on this planned development application. Councilman Baljo agreed that this action should be postponed. Councilman Eidson expressed his feeling that as there may not be a similar case coming up in the near future,as long as the ordinance i s amended as soon as possible,the risk of being challenged would be minimized. Councilman Jimenez stated that staff recommendations are consistent with City policies and Council should comply with staff and City Attorney recommendations regardless of the extent of risk. Councilman Baljo asked i f the project could be approved with the change,and amend the planned development ordinance prior to submitting Phase I I to the Council. Mr.McNulty stated that the intent of the 20%open space requirement was for recreational type activities i n residential developments. Mr.Alexander suggested the possibility of restricting the construction and the use on Phase II, designating that as open space until such time as the applicant applies to the Council for a variance of use,using the open space requirement for RV storage until such time as Phase I I i s submitted. Mr.McNulty stated that currently the ordinance gives the Council the ability to exercise discretion on set -backs,interior or exterior,and that the ordinance could be amended to include discretion on the part of the Council as pertains to open space requirements. Councilman Baljo suggested that the item be postponed until the planned development ordinance could be amended. Mr.Fuller explained that the developers would like to begin building this project as soon as possible. Mayor Hill asked i f the developer would have to completely change their design i s the 20%open space were deleted. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 16 OF 20 Mr.Fuller stated that the 20%i s not in the plans:as i t stands. Councilman Baljo asked how long i t would take to amend the planned development ordinance by Council initiative. City Clerk Kathleen Connelly stated that i t couldn't be submitted to the City Council until October 15th,due to required publications and public hearing by the Planning and Zoning Commission. Mr.McNulty stated that the, developer would have to rezone after the amendment to the ordinance as.it was rezoned under the present ordinance and the change.would .onlyifffect that which was filed after the change. Mr.Alexander reiterated that there would be a question as to which requirement the development would be approved under. Mr.Alexander suggested that the motion read:that the preliminary planned development PZ-67-84 be approved in accordance with plans for Phase I only,elevations and written statements submitted to the Council and the following stipulations:1)that the use of the east portion of the site for RV storage to be terminated within 24 months of start of Phase II,however,Phase I I shall not be started until Council approves that particular phase.At the present time Phase I I will be utilized to fulfill 20%open space requirement. Councilman Baljo MOVED THAT THE PRELIMINARY PLANNED DEVELOPMENT PZ-67-84,BE APPROVED IN ACCORDANCE WITH PLANS FOR PHASE I ONLY,ELEVATIONS AND WRITTEN STATEMENTS SUBMITTED TO THE COUNCIL AND THE FOLLOWING STIPULATIONS: 1.THAT THE USE OF THE EAST PORTION OF THE SITE FOR RV STORAGE TO BE TERMINATED WITHIN 24 MONTHS OF START OF PHASE II,WHICHEVER OCCURS FIRST.HOWEVER,PHASE I I SHALL NOT BE STARTED UNTIL COUNCIL APPROVES THAT PARTICULAR PHASE.AT THE PRESENT TIME PHASE I I WILL BE UTILIZED TO FULFILL 20%OPEN SPACE REQUIREMENT. 2.THE USE OF A MOBILE HOME AS A CARETAKER'S RESIDENCE TO BE TERMINATED WITHIN 24 MONTHS OR START OF PHASE II,WHICHEVER OCCURS FIRST. 3.A DEFERMENT OF OFFSITE IMPROVEMENTS IS ALLOWED:FOR A .MAXIMUM OF 24 MONTHS. 4.SIGNAGE MUST COMPLY WITH THE CITY OF APACHE JUNCTION SIGN CODE. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. FINAL APPROVAL FOR PZ-30-83,PLANNED DEVELOPMENT ZONING DISTRICT SUPERSTITION HEIGHTS )Mr.Newcomer briefed the Council on the final approval request for Superstition Heights subdivision. Councilman Baljo MOVED THAT IN CASE PZ-30-83,SUPERSTITION HEIGHTS,IN ACCORDANCE WITH THE PROVISIONS OF SECTION 19.0301.4.a OF THE ZONING ORDINANCE,SAID APPLICANT HAVING PRESENTED PLANS FOR THE APPROVAL OF THE BUILDING OFFICIAL AND RECEIVING SAID APPROVAL IS NOW SEEKING FINAL PLANNED DEVELOPMENT ZONING APPROVAL WHICH SHALL BE GRANTED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 17 OF 20 Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. ECONOMIC DEVELOPMENT DISTRICT )City Manager McNulty explained that this Economic Development District was proposed to the Central Arizona Council of Governments Region and i f funded,the $50,000 as matched by local funds,would assist economically distressed areas of the district. Mr.McNulty stated that the City probably would not benefit,as we are not i n an economic depressed area,but would be required to contribute to the $50,000 i n matching funds. Councilman Eidson MOVED THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO RESPOND TO THE DEPARTMENT OF COMMERCE THAT THE CITY OF APACHE JUNCTION IS OPPOSED TO THE FORMATION OF THE ECONOMIC DEVELOPMENT DISTRICT. Councilman Baljo seconded the motion. VOTE:I n Favor:Councilman Eidson,Councilman Baljo,Councilwoman Taylor, Councilwoman Gardner,Vice Mayor Bakkedahl,Mayor Hill Abstained:Councilman Jimenez The motion carried. PROPOSED RESOLUTION NO.85-41, INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS )Mr.McNulty stated that this resolution will authorize the issuance of the bonds for the medical facility,Eye Tooth Enterprises,for which a public hearing was held. Councilman Baljo MOVED THAT RESOLUTION NO.85-41,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RELATING TO INDUSTRIAL DEVELOPMENT;APPROVING AND AUTHORIZING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF APACHE JUNCTION,ARIZONA,OF ITS MEDICAL FACILITIES REVENUE BONDS (EYE TOOTH ENTERPRISES PROJECT)SERIES 1985,BE APPROVED AND ADOPTED. The motion carried. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. SPECIAL MEETING,SEPTEMBER 9,1985 ) )Mr.McNulty explained that this Special Meeting i s necessary i n the Community Development Block Grant application process. Councilwoman Taylor MOVED THAT A SPECIAL MEETING BE HELD ON SEPTEMBER 9,1985,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 18 OF 20 The motion carried. SPECIAL EXECUTIVE SESSION )Councilwoman Taylor MOVED THAT A SPECIAL EXECUTIVE SESSION BE HELD ON SEPTEMBER 9,1985,AT 7:30 P.M.,IN THE CITY HALL CONFERENCE ROOM,FOR THE PURPOSE OF CONTRACT NEGOTIATIONS. motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the EXECUTIVE SESSION,WORK SESSION SEPTEMBER 16,1985 EXECUTIVE SESSION,WORK SESSION, SEPTEMBER 17,1985 )Councilwoman Taylor MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION BE HELD AT 7:00 P.M.,ON SEPTEMBER 16,1985,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON SEPTEMBER 17,1985,IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL None. ADJOURNMENT )There being no further business, Mayor Hill adjourned the meeting at 11:15 p.m. *Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Regular Meeting of August 20,1985 ACCEPTED THIS 1ST DAY Of OCTOBER ,1985,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 19 OF 20 I I Od;o6w -3-rel. Norman S.Hill Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1985 PAGE 20 OF 20