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Home My WebLink About1990-09-10 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA SEPTEMBER 10,1990 7:00 P.M. NO WORK SESSION HELD PRESENT ABSENT GUESTS Mrs.Blatterspiel Mrs.Kelley List in Mrs.Gardner Mr.Wilson Planning Mr.Leffler*Office Mr.Schaffer Mr.Sanchez,Chairman Mr.Nakagawa,Staff Mr.Vehon,Councilman/Board Liaison Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary SYNOPSIS ROLL CALL AGENDA Agenda for September 10,1990 approved as submitted. Minutes for work session and regular meeting of August 13, 1990 approved as submitted. Discussion of Board of Adjustment Revised Rules of Conduct Five members present and two absent as shown above. (*Mr.Leffler excused himself at 7:50 p.m.due to illness.) Chairman Sanchez asked for a motion to approve the agenda Board Members Blatterspiel/Leffler -M/S "I move we accept the agenda dated September 10,1990 as submitted." Motion passed unanimously. MINUTES Chairman Sanchez asked for a motion to approve the minutes for the work session and regular meeting dated August 13,1990. Board Members Blatterspiel/Leffler -M/S "I move we accept the minutes for the work session and regular meeting dated August 13,1990 as presented." Motion passed unanimously. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 10,1990 PAGE TWO ITEM 3:Review,Discussion and Action on Board of Adjustment Revised Rules of Conduct Chairman Sanchez asked Ms.Brown -White to lead the discussion regarding changes for the Board of Adjustment Revised Rules of Conduct. Ms.Brown -White covered each section of the revision and pointed out changes made in each.She noted a Table of Contents had been added for ease in locating the sections. She welcomed any additional comments for changes. Section I .Authorization -New section. Section II.Organization Subsection A.Membership:Delete "taxpayer"per City Attorney and City Clerk. Subsection B.Term of Appointment:Minor changes in language. Subsection C.Election of Officers:No changes. Subsection D.Duties of Officers:No change in language but restructured for clarity.Item 1,"administering oaths and taking evidence,"was discussed.Ms.Brown- White advised the Board the City Attorney recommended that all witnesses should be sworn in because the Board is a quasi-judicial board.Some disagreement was voiced by Board members. Subsection E.Executive Secretary Duties:Changes in assignment of responsibilities to reflect Department reorganization. Section III.Removal of Members:New section.Discussion followed whether to change the word "shall"to "may";however, final consensus was to leave the word as "shall". Section IV.Duties of the Board of Adjustment:New section. Section V.Meeting Time and Place:Corrected to reflect accurate information including language on holidays. Section VI.Quorum:Restructured for clarity.Minor change in language.The term "without readvertising agenda items' was discussed.The Chairman was unsure as to the accuracy of this statement.The Board decided to leave the revision as presented. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 10,1990 PAGE THREE Section VII.Voting:Restructured for clarity.Section C. changed to delete motion to "table"and insert motion to "continue."Deletion of wording allowing note passing. Deletion of voting "present."Allowance of abstention vote. Paragraph 1,page 4,was revised to indicate "a unified vote of no less than a majority of the Board"was required to change any of the Board rules. Paragraph 1,page 4,was revised to direct members to "abstain"rather than vote "present"when abstaining from a vote. Section VIII.Abstention: Restructured from old rules to add this section.Deletion of voting "present"and addition of "abstention"vote.Insertion of some language to clarify potential conflict of interest. Section IX.Rules of Conduct: Deletion of reference to note passing and conversations. An additional paragraph was added regarding the current Municipal Records Management Manual and authorization for destruction of tapes of work sessions and meetings 6 months following the approval of the official minutes. Addendum No.1,Agenda Format: New addendum.After discussion regarding "Old Business,""New Business,"and placement of "Information and Reports"on the Agenda Format,the Board decided to leave the agenda as it was presented. Addendum No.2,Procedures for Conducting Meetings...: Procedures for Conducting Meetings -General.Changes made in wording.Addition of section to accept agenda.Change in when staff presentation is made. Procedures for Conducting Public Hearings.Minor changes in language.Change in when staff presentation is made. Procedure for Appealing Decision of Building Official/ Zoning Administrator.Minor changes in language.Change in when staff presentation is made. Addendum No.3,Chapter 5,"Conflict of Interest"from Local Government Handbook:New addendum. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 10,1990 PAGE FOUR Ms.Brown -White asked members to familiarize themselves with the "Conflict of Interest"information provided in this addendum. Addendum No.4,Open Meeting Law:New addendum. Addendum No.5,Articles 11 and 12,Apache Junction Zoning Ordinance:New addendum. Article 11 from the Zoning Ordinance Book addresses the creation of the Board of Adjustment and establishes its procedure and powers.Article 12 explains the variance procedure. Addendum No.6,Arizona Revised Statutes Title 9, Section 462.06:New addendum. Arizona Revised Statutes Title 9,Section 462.06,is the enabling legislation which allows a municipality to create the Board of Adjustment.This was reviewed in depth at the last meeting. Ms.Brown -White concluded the Revised Rules and Conduct presentation.She commented the City Clerk is in the process of updating the Boards and Commissions Handbook.This possibly could be added to the Board's Rules of Conduct as another addendum after i t is completed and reviewed by the Board.The Board agreed to this suggestion. The Board requested that the corrected,revised document be included on the next agenda for possible adoption. ITEM 4:Discussion on Ivancovich v.City of Tucson Board of Adjustment Case (December 19,1974) Ms.Brown -White suggested since the Board Member who had expressed interest in discussion of this case (Mrs.Kelley) was not present,perhaps this could be scheduled for the next agenda. The Board agreed. ITEM 5:Development Services Director's Report Chairman Sanchez asked for the Development Services Director's report. Ms.Brown -White indicated all items on her report had been previously covered in other items and she had no further information. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 10,1990 PAGE FIVE She pointed out that there seemed to be old material from previous cases in Board Members'packets which should possibly be removed. ADJOURNMENT Chairman Sanchez asked for a motion for adjournment. Board Members Gardner/Schaffer -M/S to adjourn at 9:00 p.m. a/241;m) /52oze-A- Adriane Brown -White,Executive Secretary 1en Sanch ,e2„4/0174 airman BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA SEPTEMBER 10,1990 WORK SESSION 6:45 P.M. PRESENT Mrs.Blatterspiel Mrs.Gardner Mr.Leffler Mr.Schaffer Mr.Sanchez,Chairman Mr.Nakagawa,Staff Mr.Vehon,Councilman/Board Liaison Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary ABSENT Mrs.Kelley Mr.Wilson GUESTS None There were no cases to discuss,so a formal work session was not held.The regular meeting convened at 7:00 p.m. •• 7c4) Adriape Brown-Whitp1;2xecutpeg;Secretary en Sdkhez,-Lhairmah