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HomeMy WebLinkAbout1998-01-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 20,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 20,1998,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Reverend David Forrester gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember Durbala Staff Present: Others Present: (Councilmember McClain was absent.) City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Gordon Grandy Parks & Recreation Director Jeff Bell Finance Director Keith Lewis Public Works Director Doug Dobson Development Services Director Larry Harmer Interim Public Safety Director Captain Dan Scott Associate Planner Rudy Esquivias Accountant John White ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED WITH THE EXCEPTION OF ITEM NUMBER 4,WHICH I WOULD REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 1 OF 18 LIKE TO PULL TO BE AN ITEM ON THE DISCUSSION AGENDA,APPROVAL OF AWARD OF BID FOR SPEED MONITORING RADAR TRAILER,TO BE PLACED AFTER THE CITY MANAGER'S REPORT;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:RECREATION SUPERINTENDENT BETH COWLES;THE LIBRARY STAFF;VICTIM ASSISTANCE COORDINATOR JUDY ROBLES;THE PUBLIC WORKS STAFF; LIBRARY EMPLOYEE GAIL GRAHAM-FISEL;PARKS & RECREATION DIRECTOR JEFF BELL; DEPUTY CITY CLERK JAN MASON;PARKS MAINTENANCE COORDINATOR GREG HANLEY;THE PARKS MAINTENANCE CREW;AND THAT THE AWARD OF BID FOR PROJECT NO.PR -97-03, PROSPECTOR PARK STORAGE BUILDING EXPANSION BE REJECTED AS ALL BIDS EXCEEDED THE PROPOSED BUDGET. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Parks & Recreation Director Jeff Bell stated each year the parks and recreation department recognizes an individual for their volunteer contributions to the community's youth sports program.The honoree is given the "Brian Nosey Award",which is named after a coach who played an instrumental role in the development of youth sports in the community.This year's honoree is John Underwood,and a brief history of his contributions was given,followed by the presentation of the award. Mr.Larry Fester,a certified public accountant from Starkweather & Fester, gave a brief audited financial statement for the year ended June 30,1997.He pointed out some of the major areas and significant differences in the statement from last year.The city was again given a clean opinion,which is the best possible result one can receive on an audit.The audit showed that better internal controls and a further segration of duties are needed for the water district.However,the hiring of new employees and their follow-up have shown that these problems are being corrected.He complimented the city staff for their assistance. City Manager Curtis Shook thanked Mr.Fester and his group for an excellent job every year and for pointing out the areas the city needs to improve in. He gave most of the credit to Keith Lewis and John White and complimented the finance department staff on maintaining an excellent financial structure. Mr.Larry Fester seconded the city manager's statement and added that he has known John White from other localities he has worked at and complimented him on being a hard worker who knows his stuff and does a good job. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 2 OF 18 Mayor Coleman read a proclamation for "School To Work Week"and presented it to Hugo Steinkamp from the Pinal County School To Work Partnership. Mayor Coleman read a proclamation for "The Legend Lives",Lost Dutchman Days '98 and presented it to Elaine Schrader of the Apache Junction Chamber of Commerce. Mrs.Elaine Schrader stated this is her second year as the coordinator for Lost Dutchman Days and one of her goals is to improve the events center rodeo grounds.Last year P.J.Patton from the Treasure Chest Granite Pit,plus BMB Carnival and the Chamber of Commerce added $10,000 of decomposed granite to part of the events center grounds.This year P.J.Patton and the Treasure Chest Granite Pit have donated another $12,000 of decomposed granite,and Scenic Southwest Landscaping put in 1,000'of 2 -inch water line,enabling them to have water on the north side and back along the east side.Salt River Project has also donated two "western -style"gates.These add up to approximately $20,000 in capital improvements,with the help of the public works and recreation departments staff.She commented what they really need is a building shell for events to be held there throughout the year. CALL TO THE PUBLIC Mr.Gordon Haack,1695 W.13th Avenue,Apache Junction,addressed the council regarding a "pooper scooper"ordinance.He commented bodily wastes,whether animal or human,are still unsightly and carry disease.He requested the city to set up a fine system,and he would be willing to work toward the accomplishment of the first step in an animal control program. Ms Celia Bachman,201 E.Southern Avenue,Apache Junction,addressed the council to compliment them on the wonderful things going on in the city.She commended the planning staff for their hard work and the council for their positive reception on the revision of the zoning code to make it more understandable to the public.She added the council will be giving direction to staff on the sexually oriented business ordinance,and it is important for the city to address this concern.She commended the hard work put in by the council,the present city attorney and his predecessor.She commented another item before them tonight concerns amendments to the heavy industrial zoning ordinance which she considers an excellent piece of legislation.She finished by stating she hoped the council would continue to address adopted codes from the past and address the problems that they had nothing to do with. CITY MANAGER'S REPORT None. CONSENT AGENDA BID FOR UNMANNED SPEED TRAILER REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 3 OF 18 )Vice Mayor Surra explained she wanted this taken off the consent agenda because the vendor recommended to be awarded the bid did not have the lowest amount.She wanted everyone to understand why staff did not recommend the lowest bid.She added she agrees with the recommendation of staff as they are getting some extras for that additional money. City Engineer Gordon Grandy briefed the council on this trailer which will be used to deter speeding in the community.It will be used by the police department and the engineering department.He stated the computer graphics and the presentation of statistics is much better on the Kustom Signals trailer for what the engineering department needs,and the police department recommended Kustom Signals for their construction and availability of service.The other companies would have to provide service out of state,creating time delays and adding to the cost of repairs.The two departments therefore recommend awarding the bid to Kustom Signals. Councilmember Durbala commented he received many calls from residents when the demo was put in on Southern near Royal Palm stating it was causing traffic to slow down and become a residential street instead of a "freeway".He believes it will be an excellent buy,and he hopes it will help people realize they are speeding and slow them down. City Engineer Gordon Grandy added that trailer was provided free of charge to the city by the Arizona Department of Public Safety. Vice Mayor Surra MOVED THAT THE BID FOR AN UNMANNED SPEED MONITORING AWARENESS RADAR TRAILER WITH TRAFFIC COUNTING CAPABILITY BE AWARDED TO KUSTOM SIGNALS INC.IN THE AMOUNT OF $13,804.00, WHICH INCLUDES THE $12,840 PLUS TAX. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION CHAMBER OF COMMERCE )Mrs.Elaine Schrader, representing the Chamber of Commerce,addressed the council regarding the REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 4 OF 18 liquor license.She stated those serving beer will attend a meeting conducted by a former liquor control agent.The servers will receive a certificate for liquor class completion.They are giving flyers to everyone involved with the rodeo or attending it as to who will be allowed to be served beer and the rules that will be followed.She requested the special event liquor license for Lost Dutchman Days be approved. Mayor Coleman asked if they are going to try to limit the accessibility of the area to minors. Mrs.Elaine Schrader stated they are using a banding procedure.In order to be banded,identification must be shown and the rodeo staff is supposed to assist in making sure that no one still participating in the rodeo will be banded.You must be banded to be served a drink of any kind. Vice Mayor Surra asked if a non- alcoholic drink could be served if they were not banded. Mrs.Elaine Schrader stated you could get soda pop,but no alcoholic drink.The servers are also being trained as to what identifications used would be legal,and if there is any question,those people will not be banded. Vice Mayor Surra asked how many other vendors would be selling alcoholic beverages on the grounds. Mrs.Elaine Schrader stated there would be no other vendors allowed to sell alcoholic beverages.They will also not allow any alcoholic beverages to be brought in or leave the premises.She added anyone who is working in any capacity,vendors or otherwise,may not have an alcoholic drink. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY CAROLYN DOTY OF THE APACHE JUNCTION CHAMBER OF COMMERCE FOR LOST DUTCHMAN DAYS BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 5 OF 18 The motion carried. PROPOSED ORDINANCE NO.1023/CITY-INITIATED AMENDMENTS TO THE ZONING ORDINANCE, SECTION 5.0101 DEFINITIONS AND SECTION 17.0200 CI -2 HEAVY INDUSTRIAL ZONE )Associate Planner Rudy Esquivias briefed the council on the item.He stated the definitions section would include adding definitions for municipal solid waste landfill,solid waste landfill,transfer facility and waste tire collection site.Subdefinitions would include defining what is a waste tire,what is a conditionally exempt small quantity generator waste,household hazardous waste and household wastes in general.The definitions were suggested by Bill Farrell in order to bring the definitions in line with those in the Arizona Revised Statutes.The heavy industrial zone section is being amended to delete the vague,current definition of a landfill and replace it with the new definitions mentioned in Section 5.0101.In addition,the former and current city attorneys suggested a process for a special use permit to address a municipal solid waste landfill,a transfer facility and a waste tire collection site.It would add a new section to the heavy industrial zone called "Uses Subject to a Special Use Permit".Applicants for those uses would have to undergo a public hearing process through the planning and zoning commission and the city council.He added he gave council a draft of the application form that would be used for the special use permit process,similar to the application form for a conditional use permit.He briefly described what the applicant would have to do for the application process.Stipulations were added to Ordinance No.1023 that were recommended by planning and zoning and the general public.The city attorney recommends adopting the ordinance as is. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He wanted to make a recommendation on the landfill issue. City Attorney Joel Stern stated that is off the issue,as the landfill is not on the agenda. Mayor Coleman stated the definitions do apply to the landfill. City Attorney Joel Stern asked if he was talking about the current landfill or the definitions on the agenda tonight. Mr.Elliott Fisher stated it was about definitions on an application for special use. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 6 OF 18 City Attorney Joel Stern stated if they are speaking in general,he could continue. Mr.Elliott Fisher stated the council might want to consider having the applicant for these special use permits take out an advertisement in the local paper as part of the application process,explaining what they are going to do. Mayor Coleman closed the public hearing with no one else wishing to speak.He then opened the item to council discussion. Vice Mayor Surra asked the city attorney if there are provisions for the city council to direct an applicant to expend money for advertisements over and above the permit and public hearing processes. City Attorney Joel Stern stated he does not believe there is a restriction.There might be some preemptive issues depending on what was required. Vice Mayor Surra gave as an example an advertisement. Development Services Director Larry Harmer stated they are addressing the definitions tonight;the vice mayor's question would be addressing the actual application process.There are provisions in the city code that if additional advertising is needed,the fee is born by the applicant himself.The council has the authority to establish the method of advertising,as long as i t is nothing less than what is prescribed by Arizona Revised Statutes.Therefore,there is already a vehicle in place for this. Vice Mayor Surra wanted it verified that this did not have to be placed in this particular ordinance. Development Services Director Larry Harmer stated the application draft form states the applicant shall have to pay any additional fees which may be incurred by the city for legal advertising,mailings,publishing... City Attorney Joel Stern commented those can be added as they come up. Vice Mayor Surra wanted it clarified that no additional fee would have to be levied during this process. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 7 OF 18 Development Services Director Larry Harmer stated they are already following this process in other types of cases. Vice Mayor Surra stated she wanted Mr.Fisher to understand why they would not be adding anything new to the ordinance in this area,as i t is already included. Councilmember Durbala asked what type of liability would the city have if this is passed before or during the application process of the landfill if the expansion is denied. City Attorney Joel Stern stated that is not on the agenda and should not be discussed at this time. Councilmember Durbala stated the definitions are referring to that. City Attorney Joel Stern stated the definitions,if they are passed tonight,would apply to anyone who applies after this goes into effect. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1023 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1023,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 8 OF 18 PROPOSED RESOLUTION OF INTENTION NO. 97-35,STREET LIGHT IMPROVEMENT DISTRICT (SLID 9709-1)CIMMARRON/PROPOSED RESOLUTION ORDERING WORK NO.97-36 ) briefed the council on the item.He owners within the district are based therefore is is hard to project what property owner. )City Engineer Gordon Grandy stated the assessments for the property on the assessed value by Pinal County; the monthly fee will be for every Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.97-35,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING ITS INTENTION TO CREATE A DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN AN AREA DESCRIBED AS CIMMARRON,A SUBDIVISION,AS RECORDED IN CABINET C,SLIDE 006 OF THE PINAL COUNTY RECORDERS OFFICE,PINAL COUNTY,ARIZONA;ALL WITHIN THE CITY LIMITS OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,PURSUANT TO A.R.S.48-616 AND 48-617 AND DECLARING THE PURCHASE OF ELECTRICITY TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT,AND THAT THE COST OF SAID ELECTRICITY SHALL BE ASSESSED ON THAT CERTAIN DISTRICT,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT RESOLUTION NO.97-36,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS CIMARRON, A SUBDIVISION RECORDED IN CABINET C,SLIDE 006,PINAL COUNTY RECORDER,PINAL COUNTY,ARIZONA,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 9 OF 18 OLD BUSINESS. None. NEW BUSINESS. PROPOSED RESOLUTION NO.97-46/ABANDONMENT OF DRAINAGE EASEMENT AT MEGA FOODS ) )City Engineer Gordon Grandy briefed the council on the item.When Bashas'had the property surveyed,they found the easement for drainage purposes did not contain the underground pipes according to where they were described in the easement.They were located elsewhere on the property.Therefore,they would like to give the city a new easement where the pipes are located in exchange for abandoning the original easement.A recorded document has already been provided by Bashas'and i t is in the books in Pinal County.He recommended abandoning the old easement. Mayor Coleman opened the item to discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.97-46,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A DRAINAGE EASEMENT DESCRIBED IN INSTRUMENT NO.1923-138,PINAL COUNTY RECORD,IS NO LONGER NECESSARY FOR USE AS A DRAINAGE EASEMENT AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE EASEMENT,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON IDENTIFYING THE SUPERSTITION MOUNTAINS AS A NATIONALLY RECOGNIZED TREASURE ) )Councilmember Urich stated the National Parks Service has developed a vanishing treasures initiative.As our mountains are world renowned,she would like to see their beauty preserved by making them a national treasure.She believes i t is up to Apache Junction to do this as i t is the home of the Superstition Mountains.She understands the area must first be designated as a national park or monument,and it must contain ruins.The Superstitions contain petroglifs so they should qualify. The city must seek an Act of Congress to get them designated a national monument,which she is presently proposing to do. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 10 OF 18 Mayor Coleman opened the item to discussion by the council. Councilmember Durbala commented he thought it was an excellent idea.He thinks they should do everything they possibly can to get it designated at least as a national park or point of interest.Besides already being a focal point for the community,it would reflect community pride and bring in tourism.This would also make the Superstitions truly the city's own instead of all the surrounding cities laying claim to them. Mayor Coleman commented he was not sure they would be able to change the other cities claiming them. Councilmember Durbala stated that they should do something concerning the mountains. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT APPROVAL BE GIVEN TO THE CITY MANAGER TO DRAFT AND SEND A LETTER TO THE APPROPRIATE FEDERAL OFFICIALS OR FEDERAL AGENCY TO SEEK NATIONAL RECOGNITION OF THE SUPERSTITION MOUNTAINS AS A NATIONAL MONUMENT AND,IN ADDITION,SEEK INFORMATION ON THE PROCESS FOR DESIGNATION AS A NATIONAL TREASURE. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman minute break. Mayor Coleman meeting. APPROVAL OF THE STREET AND ROADS PROGRAM CONCEPT AND AUTHORIZATION TO THE CITY MANAGER TO IMPLEMENT THE FINANCE AND CONSTRUCTION OF THE STREETS PROGRAM ) the council on the item.This will list of roads to be paved.It does repaired and renovated.Other dirt maintenance and are not part of the REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 11 OF 18 called for a ten reconvened the )City Manager Curtis Shook briefed complete the bond sale which will allow a not reflect the list of roads that will be roads will receive their yearly bonds program.He commented there has been a legal decision involving the City of Chandler which will require public projects over the amount of $150,000,going up each year,to be bid publicly. The city will bid on the projects that will require public bidding.He added that there are funds to buy heavy equipment to bring the fleet back up to current status in the bond funds.He complimented the city road crews for putting down some of the best roadway he has ever seen. Mayor Coleman opened the item to council discussion. Councilmember Eck commented he thought i t as an excellent program and he is glad to see i t finally starting. City Manager Curtis Shook added this bond rates are very low and the 8% and 5.2%.He commented the program their streets and roads over the next is a good time to be doing this as the interest rate should come in between 4. should make a tremendous difference in couple of years. Vice Mayor Surra does not like the idea that the paving program has to be put out to bid.She asked if the city street paving unit would have to bid for a particular job along with any other construction company. City Attorney Joel Stern stated they would have to bid against other vendors if it is more than $150,000,though he believes i t is over $157,000 this year. Vice Mayor Surra asked if that meant the total package would have to be bid or if it could be broken down into small units. Public Works Director Doug Dobson stated it would be broken down into each project. Vice Mayor Surra asked if each project could be broken down so it would be less than $150,000. Public Works Director Doug Dobson stated they could not. Vice Mayor Surra stated she just wanted to be sure they would get the best for their dollar.In the past they have had to do other things to repair what they thought was going to be a good job. Public Works Director Doug Dobson stated they would have to bid against the other vendors as a city. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 12 OF 18 City Manager Curtis Shook stated they would only have to bid out the larger jobs. Vice Mayor Surra commented they could do all the jobs under $150,000 in house,but they could not break down larger jobs into separate parts within the job. City Manager Curtis Shook stated they could not,for example,break down the two miles of Broadway needing to be paved into tenths of a mile sections. Councilmember Durbala stated there are only about 3 or 4 sections that cannot be done by the city without bidding them out. Vice Mayor Surra commented that those are the heavily trafficked ones that need to be done right the first time. Councilmember Durbala stated that the city should learn to bid very well. Councilmember Eck stated he would find it difficult to believe that a company could outbid the city. Vice Mayor Surra stated they can, but they may not produce the same product. City Clerk Kathleen Connelly commented that the city would still prepare the bid package. Mayor Coleman added things that are considered necessities by some people,like getting the streets paved,are considered before things that are considered niceties,like curbs and sidewalks.He then closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE STREET AND ROADS PROGRAM CONCEPT BE APPROVED AND THAT THE CITY MANAGER BE GIVEN AUTHORIZATION TO IMPLEMENT THE FINANCE AND CONSTRUCTION OF THE STREETS PROGRAM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 13 OF 18 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DISCUSSION AND CONSIDERATION OF PROPOSED SEXUALLY ORIENTED BUSINESS LICENSING ORDINANCE AND DIRECTION TO STAFF REGARDING PROPOSED AMENDMENTS TO ZONING CODE AND PROPOSED ORDINANCE REQUIRING CRIMINAL HISTORY BACKGROUND INVESTIGATIONS ) )City Attorney Joel Stern briefed the council on the item.The ordinance will regulate businesses, entertainers,managers and anyone associated with the business in opening up a sexually oriented business.He added he had given council copies of studies that talk about the secondary effects of these businesses on surrounding properties.He urged them to read the studies,and that he would be supplying them with more studies as they come in.He commented he would be making the appropriate changes from last night and he recommended they direct him to redraft the ordinance with the amendments suggested.As the city currently has no authority to conduct criminal history background investigations,he recommended a specific direction from council for him to draft an ordinance allowing the city to conduct those investigations.He also requires direction to draft an intergovernmental agreement with the appropriate agency with the authority to give out that type of information.He added the zoning definitions for this type of business would have to be basically compatible with the definitions under the adult uses as defined in the zoning ordinance. He requested they direct the planning staff to present such amendments with his assistance to the planning and zoning commission and bring it back within 60 days. Mayor Coleman opened the item to council discussion. Vice Mayor Surra commented the conditional use permit that they have in the heavy industrial for obnoxious uses may apply here.She asked if that would open this to public hearing and not just the normal process of opening a business. City Attorney Joel Stern stated he believed a special use permit is not currently required of an adult entertainment business.He believes the council could decide to include adult entertainment business under the definition of an obnoxious use,but he would want to do further research on that first. Development Services Director Larry Harmer stated they do not currently require a special use permit,but they do have specific criteria for siting,location and approximation to residential, church and school properties.He suggested they look at some of the case law established in the last year across the country. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 14 OF 18 City Attorney Joel Stern added the ordinance by itself is not a zoning regulation.The zoning regulation is already covered in the zoning ordinance under heavy industrial uses.This new ordinance will not change the zoning ordinance;it will make the definitions compatible. Mayor Coleman stated it was interesting reading and he was looking forward to more information.He then closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO THE PLANNING STAFF AND THE PLANNING AND ZONING COMMISSION REGARDING PROPOSED AMENDMENTS TO THE ZONING CODE RELATING TO THE PROPOSED SEXUALLY ORIENTED BUSINESS LICENSE AS WELL AS THE CITY ATTORNEY: DIRECTION TO THE PLANNING STAFF:WORK WITH THE DEFINITIONS AND PRESENT APPROPRIATE DEFINITIONS CHANGES OF ADULT USES WHICH ARE CURRENTLY IN EFFECT; HAVE THAT COME BACK TO THE COUNCIL WITHIN A PERIOD OF SIXTY DAYS;DIRECTION TO THE CITY ATTORNEY:HISTORICAL BACKGROUND INVESTIGATIONS,THE CRIMINAL HISTORIES,DRAFT APPROPRIATELY IN ALLOWING CITY TO CONDUCT CRIMINAL HISTORY BACKGROUND INVESTIGATIONS;DRAFT APPROPRIATE INTERGOVERNMENTAL AGREEMENT WITH AGENCY HAVING LAWFUL AUTHORITY TO ACCESS CRIMINAL HISTORY AND BACKGROUND INVESTIGATION USES;AND TO REDRAFT SOME OF THE SUGGESTIONS AND COMMENTS MADE BY THE COUNCILMEMBERS LAST NIGHT;ALSO TO HAVE TWO MORE PUBLIC HEARINGS ON THIS,ONE TO COMMENCE WITHIN SIX WEEKS AND THE OTHER WITHIN EIGHT WEEKS,SO THAT THE PUBLIC WOULD HAVE ANOTHER TWO MORE OPPORTUNITIES IN ORDER TO GIVE ANY INPUT. City Attorney Joel Stern asked him to clarify that he wanted two more public hearings. Councilmember Durbala stated that was correct. City Attorney Joel Stern stated he believed they only needed one more for the ordinance to pass.He would suggest some work sessions instead. Councilmember Durbala AMENDED THE MOTION TO READ TWO MORE WORK SESSIONS AND ONE ACTUAL PUBLIC HEARING ON IT, WITH THE WORK SESSIONS AFTER THE CITY ATTORNEY AND THE OTHER INFORMATION GETS BACK TO THE COUNCIL. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 15 OF 18 DIRECTION TO STAFF REGARDING HEAVY INDUSTRIAL (CI -2)SECTION OF THE ZONING CODE )Development Services Director Larry Harmer briefed the council on the item.The planning commission is requesting direction to proceed with adding other obnoxious uses from the CI -2 zone in the special use permit requirement. Mayor Coleman opened the item to council discussion.Mayor Coleman asked if this would give the city more authority. Development Services Director Larry Harmer stated it would give them planned development authority,which is the ability to look at site planning and other portions of development and the land use itself on a case by case basis.The process would be made more comprehensive and it would guarantee the ability for public input into obnoxious uses. Mayor Coleman closed the discussion and called for a motion. Councilmember Insalaco MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO THE PLANNING STAFF REGARDING THE HEAVY INDUSTRIAL (CI -2)SECTION OF THE ZONING CODE:TO ESTABLISH A SPECIAL USE PERMIT PROCESS FOR OBNOXIOUS USES AS DEFINED IN THE CI -2 SECTION OF THE ZONING ORDINANCE. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,FEBRUARY 2,1998,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 3,1998, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 16 OF 18 VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala announced that his son won the school district spelling bee. City Manager Curtis Shook stated there will be a hearing tomorrow morning on House Bill No.2089 which is a bill by Representative Sue Lynch of the Education Committee regarding school impact fees.He will be attending along with Dr.Sutter for the purpose of giving testimony on what the city has done, and to encourage the legislature to adopt something along the lines of HB 2089.He commented they are now getting calls from Phoenix,Scottsdale and other municipalities asking for our ordinances.He praised the council for stepping out and determining they would not wait to see what would happen.He added there are a lot of other communities that are now lining up behind the city regarding school impact fees. Mayor Coleman stated he believed it is a step in the right direction and requested the city manager to thank Representative Lynch on behalf of the city. City Manager Curtis Shook commented that George Hoffman is deeply appreciative of all the support he received over the last couple of weeks helping him to cope with his loss. Councilmember Eck stated he went to the memorial softball tournament for the Munoz family on Saturday that was very successful.The three children in the Munoz family lost their father and mother in about three weeks time in December. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:51 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 6,1998. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval of Award of Bid for Speed Monitoring Radar Trailer. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 17 OF 18 5.Request to Reject Bid Award,Project No. Storage Building Expansion. ACCEPTED THIS 3RD DAY OF FEBRUARY PR -97-03,Prospector Park ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF FEBRUARY City Clerk DOUGLAS U3LEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,1998. 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 20th day of January,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of January,1998. REGULAR MEETING OF THE CITY COUNCIL JANUARY 20,1998 PAGE 18 OF 18