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HomeMy WebLinkAbout1994-09-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 6,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 6,1994,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:10 p.m. INVOCATION Councilwoman Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilwoman Surra Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Supt.Doug Dobson Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Associate Planner Rudy Esquivias Library Director Pam Loui Finance Director Keith Lewis Parks and Rec.Director Jeff Bell Judge Alex Harris,Presiding Magistrate Building and Safety Mgr.Dale McKendrick Susie Belcher,2330 E.10th Ave.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 1 OF 23 Karen Spear,237 N.Vista,Apache Junction Cheri Sillers,P.O.Box 2893,Apache Junction John Pein,6326 E.20th Ave,Apache Junction Jensen Sippy,4070 N.Delaware,Apache Junction Maria Jones,288 W.Smoketree,Apache Junction J.R.Palmer,2761 S.Winchester,Apache Junction Midge Conway,901 S.Ocotillo,Apache Junction Frank Fahey,322 W.Foothill,Apache Junction Paul Perkins,1077 E.Mesquite,Apache Junction Dr.G.M.Frederick,1815 S.Cactus Rd.,Apache Junction Ken Ferrill,2880 E.10th Ave.,Apache Junction Fred Bear,559 S.30 St.,Mesa Gary Mulholland,737 W.Rosal,Apache Junction Carol Urich,201 E.Southern Ave.,#39,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT BID FOR CONSTRUCTION OF TWO CITY ENTRY SIGNS,PROJECT NO.ENG 94-01,BE AWARDED TO SIGN WORLD IN THE AMOUNT OF $14,123.10; THAT BID FOR CONSTRUCTION OF A CONCRETE BOX CULVERT,PROJECT NO.ENG 94-02,BE AWARDED TO TEMCON CONCRETE IN THE AMOUNT OF $29,082.00; THAT BID FOR USED WATER TRUCK,PW 94-01,BE REJECTED DUE TO OVER BUDGET PRICES; THAT THE FOLLOWING BIDS BE AWARDED: CHIP SEAL OILS,PW 94-06,TO COPPERSTATE EMULSIONS IN THE AMOUNT OF $0.743 PER GALLON FOR CRS -2P APPLIED; STREET STRIPING,PW 94-08,TO ROAD MARKING,INC.AS FOLLOWS:4"STRIPE (PAINT)AT $.065 PER LINER FOOT;4"STRIPE (THERMO)AT $.185 PER L.F.;SCHOOL CROSSWALKS (PAINT)AT $.57 PER SQUARE FOOT;TURN ARROWS (PAINT)AT $50.00 EACH;TURN ARROWS (THERMO)AT $75.00 EACH;STOP BARS (PAINT)AT $.65 PER S.F.; STOP BARS (THERMO)AT $.75 PER S.F.;TURN LANES (PAINT)AT $.50 PER S.F.;TURN LANES (THERMO)AT $.75 PER S.F.;"ONLY"SIGNS (PAINT)AT $70.00 EACH;"ONLY" SIGNS (THERMO)AT $115.00 EACH;AND PEDESTRIAN CROSSWALKS (THERMO)AT $.75 PER S.F.; YARD LOADER,PW 94-11,TO CANYON STATE EQUIPMENT LTD FOR A 60 -MONTH LEASE PURCHASE AT 7.5%INTEREST;60 PAYMENTS @ $2,488.93;TOTAL PAYMENTS OF $149,335.80. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 2 OF 23 I FURTHER MOVE THAT RESOLUTION NO.94-25,AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL,BE APPROVED; THAT RESOLUTION NO.94-26,AUTHORIZING OFFICERS/AGENTS TO DEPOSIT,TRANSFER AND WITHDRAW MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL,BE APPROVED; THAT RESOLUTION NO.94-20,EXPRESSING SUPPORT TO PROCEED WITH THE WILLIAMS REGIONAL PLANNING STUDY,BE APPROVED; THAT INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR A JOINT SPECIAL CENSUS, BE APPROVED; THAT CONTRACTS WITH BILL STEPHENS AND ASSOCIATES FOR LEGAL SERVICES IN THE AMOUNT OF $9,041.10 BE APPROVED;AND AN ADDITIONAL AMOUNT NOT TO EXCEED $2,500.00,BE APPROVED; THAT WE APPROVE THE APPOINTMENT OF PRESIDING MAGISTRATE M.ALEX HARRIS AS JUVENILE HEARINGS OFFICER FOR PINAL COUNTY/CITY OF APACHE JUNCTION;AND THAT ITEM NO.23 BE MOVED UP TO FOLLOWING THE CITY MANAGER'S REPORT;AND THAT ITEMS 27A and 27B and 28 BE DELETED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented certificates to the three top readers from the Library Summer Reading Program. CALL TO THE PUBLIC Susie Belcher,Karen Spear,Cheri Sellers,John Pein,Janeen Sippy,Maria Jones and J.R.Palmer spoke in opposition to any new restrictions or regulations on horses. Midge Conway spoke in opposition to restrictions on horses and in opposition to having to maintain areas of right-of-way in easements and alleys. Frank Fahey supported regulation of commercial businesses in residential areas even if it involves regulating horses. Councilman Paul Perkins apologized to Judge Harris,Mayor and Council and the community for his behavior and for losing his temper. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 3 OF 23 CITY MANAGER'S REPORT City Manager Mike Lee reported on the building permits activity and Circle K offsite improvements. In conjunction with the City Manager's report,Presiding Magistrate M.Alex Harris presented a status report on the Magistrate Court. New Business: DISCUSSION AND POSSIBLE SELECTION OF DATE, TIME AND LOCATION FOR A SPECIAL MEETING ON ZONING AND OTHER ISSUES AS THEY RELATE TO HORSES KEPT WITHIN THE CITY LIMITS )Council considered this item at this time and after public input at Call to the Public they decided not to hold a special meeting on horse -related issues. SPECIAL MEETING. Councilman Coleman MOVED TO HOLD NO Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS ORDINANCE NO.911,AMENDING CITY CODE CHAPTER 5,MAGISTRATE COURT,SECTION 5-2-2 MAGISTRATE PRO-TEM (WITH EMERGENCY CLAUSE) )Judge Harris stated the current ordinance does not meet Supreme Court's guidelines and the proposed change would comply with that. Councilman Perkins asked if anyone from the Supreme Court had reviewed the wording on this ordinance. Judge Harris replied that the change in the wording will bring the court into compliance with the Supreme Court in that respect;so there should not be any problem with this. Councilman Hendricks asked if changing the wording was a big task. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 4 OF 23 Judge Harris answered no and that they only used the Supreme Court's wording for their pro-tem selection. Councilman Hendricks asked if this could have been done last year without a major effort. Judge Harris answered she could not respond to that. City Attorney Glenn Gimbut read the wording added to the ordinance for the selection of a pro -tern judge:"a person selected in accordance with the administrative orders of the Supreme Court of the State of Arizona."He explained this wording allows the court to use the administrative orders of the Supreme Court in selecting a pro -tern judge. City Clerk Kathy Connelly stated that Karen Korowski from the Supreme Court was provided a copy of this ordinance and she had not called back with any problems about it. Mayor Perkins opened the public hearing;there being no one wishing to speak,she closed the public hearing. Vice Mayor Barker MOVED THAT ORDINANCE NO.911,WITH THE EMERGENCY CLAUSE,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 5,MAGISTRATE COURT, SECTION 5-5-2 MAGISTRATE PRO-TEM;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Vice Mayor Barker MOVED THAT ORDINANCE NO.911,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 5 OF 23 ORDINANCE NO.912,AMENDING PERSONNEL CLASSIFICATIONS AND SALARY RANGES FOR POSITIONS IN MAGISTRATE COURT ) )Judge Harris explained that based on her assessment needs of the court and her previous experience in court administration,she considers the title and classification of Court Administrator not necessary for the court.She proposed that it be retitled to Chief Clerk of the court. Councilman Perkins asked about the classification for that new position. Asst.City Manager George Hoffman answered it would be fitted in a 23 range according to this ordinance. Councilwoman Richmond MOVED THAT ORDINANCE NO.912 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION, ARIZONA:REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY." Councilwoman Richmond MOVED THAT ORDINANCE NO.912,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting at 8:05 p.m.She reconvened the meeting at 8:25 p.m. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 6 OF 23 BINGO LICENSE APPLICATION FOR R.V.W. PUEBLO )City Clerk Kathy Connelly addressed the council on this item.She stated that a representative was present to speak to the council. Ms.Carol Urich,201 E.Southern Ave.#39,spoke on behalf of the R.V.W.Pueblo residents and requested approval of their application. Mayor Perkins opened the public hearing;there being no one wishing to speak,she closed the hearing. Councilwoman Richmond referred to the letter from the Fire District on this application and asked what the "very minor violations"found at the location were. Councilman Perkins replied he was the one who conducted the inspection and explained what the minor violations were. Vice Mayor Barker MOVED THAT BINGO LICENSE FOR R.V.W.PUEBLO BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR FRATERNAL ORDER OF POLICE, MESA LODGE #9,INC. )City Clerk Kathy Connelly briefed the council on this item. Mr.Mulholland,President of the Superstition Mountain Horsemen's Association,spoke in favor of this application. Mr.David Furnas briefed the council on their application. Councilwoman Surra asked about the security at the rodeo grounds and who will be responsible for checking the ID for the proper ages for beer. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 7 OF 23 Mr.Furnas answered that the Mesa Fraternal Order of Police and the Ladies Auxiliary will be handling the sale of beer;the beer stand will be on the east side of the arena,which is all fenced off,and volunteers from the Mesa and Apache Junction police departments will be handling security in that area;and that Mesa and Apache Junction explorers will be handling security in the parking area. Vice Mayor Barker MOVED THAT SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR FRATERNAL ORDER OF POLICE MESA LODGE #9, INC.,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.902,AMENDING CITY CODE CH.2, MAYOR AND COUNCIL,BY ADDING ART.2-14 REQUESTS FOR FINANCIAL ASSISTANCE )City Clerk Kathy Connelly explained this ordinance would establish a process for non-profit organizations requesting city financial assistance during mid -budget year; that this ordinance would supplement Ordinance No.659,which already establishes a very specific policy for requesting city funds.She stated this process would exclude,if the council so decided,governmental or quasi- governmental entities,because according to this ordinance,if the county proposed an agreement for funds during mid -budget year,the council could not do it.She further briefed the council based on her memo included in the packet. Vice Mayor Barker asked clarification on the "Special Note"in the memo. City Clerk Kathy Connelly stated she was not certain if the council intended this to apply to anything more than non-profit agencies. Vice Mayor Barker explained that the ordinance seems to cover all that is necessary. Councilwoman Surra agreed. City Engineer Gordon Grandy asked if this ordinance would affect any future agreements with either Pinal or Maricopa counties on participation of funds for road improvement projects. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 8 OF 23 The council clarified that would be a mutual aid agreement between two entities and that this ordinance excludes intergovernmental agreements. Vice Mayor Barker MOVED THAT ORDINANCE NO.902 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilwoman Surra asked if this would apply to organizations already with a city contract. The council clarified that those organizations would have to follow the contractual stipulations,but if they wanted additional funding,they would have to follow this new process. City Clerk Kathy Connelly read,"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 A NEW ARTICLE 2-14,REQUESTS FOR FINANCIAL ASSISTANCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.902,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.904;CITY -INITIATED ANNEXATION REQUEST (AN -92-01) AND ORDINANCE NO.909;CITY -INITIATED REZONING REQUEST (PZ-94-05) )Planning Division Mgr.Jim Nakagawa briefed the council on this item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 9 OF 23 Mayor Perkins opened the public hearing;there being no one wishing to speak,she closed the hearing. Mrs.Sandy Smith,Pinal County Supervisor,expressed appreciation to the council for their consideration of this annexation request. Vice Mayor Barker MOVED THAT ORDINANCE NO.904 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,STATE OF ARIZONA,PURSUANT TO THE PROVISIONS OF TITLE 9,CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING THERETO CERTAIN STATE AND FEDERAL TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION:PROVIDING FOR RECORDATION OF SAME;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.904,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Barker MOVED THAT ORDINANCE NO.909 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 10 OF 23 'City Clerk Kathy Connelly read,"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,APPLYING ZONING DISTRICT CLASSIFICATIONS IN CITY -INITIATED REZONING CASE PZ-94-05 TO STATE AND FEDERAL LAND ANNEXED PURSUANT TO ORDINANCE NO.904;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.909,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.906,REZONING REQUEST FROM BOERNER/BEAR (PZ-3-94)) )Planning Division Mgr.Jim Nakagawa reminded the council they had considered this item previously,but because of a 3-3 vote it was denied;that a request for reconsideration was submitted and therefore it was being presented to the council again. Mr.Fred Bear,559 S.30th St., Mesa,briefed the council on his application on behalf of Michael and Mary Boerner. Mr.Ken Farrow,2880 E.10th Ave., spoke opposing this item. Mr.Jim Moyle,1024 S.Starr Rd., spoke against this item. Councilwoman Surra stated that the council was told they were going to hear new information on this item but she has not heard anything new;instead people have spoken against it.She asked if approval of this rezoning would mean that the property could automatically be split. Mr.Nakagawa explained there was an additional step in order to do that,which is the land split,and that was the intent of the property owner;that there is no discretion in that and if the zoning is in compliance,there is no reason for turning that down. Councilwoman Surra asked what would be the size of the lots in that case. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 11 OF 23 Mr.Nakagawa answered they would be five -eights of an acre which is close to one-half of an acre. Councilwoman Surra asked if that would not allow for horses. Mr.Nakagawa answered that a size less than one acre and one quarter would not allow horses. Councilwoman Surra recalled that at the original hearing horses was a concern because of other property with horses adjacent this property. Vice Mayor Barker asked clarification on the zoning and verified with Mr.Nakagawa that this property would be properly zoned for the land split. Councilman Hendricks MOVED THAT ORDINANCE NO.906 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"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-3-94 FROM GR (GENERAL RURAL)TO CR-1(MH)(CONVENTIONAL OR MANUFACTURED SINGLE-FAMILY HOMES ON 20,000 SQ.FT. MINIMUM LOTS);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Hendricks MOVED THAT ORDINANCE NO.906,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:In favor:Councilwoman Richmond,Councilman Perkins, Councilman Hendricks. Opposed:Councilman Coleman,Vice Mayor Barker, Councilwoman Surra,Mayor Perkins. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 12 OF 23 The motion carried. ORDINANCE NO.908;CITY -INITIATED REQUEST TO REMOVE THE REAR -YARD SETBACKS FOR COMMERCIAL LOTS ABUTTING DEDICATED ALLEYWAYS (PZ-94-04) )Planning Division Mgr.Jim Nakagawa stated that this issue was previously presented to the council due to a request from Los Vaqueros who wants to extend its building structure to the back,and the proposed ordinance was being presented following direction from the council to change the rear -yard setbacks. Vice Mayor Barker asked if this ordinance would apply only to areas with already established alleys. Mr.Nakagawa answered that was included in the ordinance. Vice Mayor Barker asked clarification on the Fire Marshal's concerns. Councilman Perkins explained they were concerned with not being able to have access to the rear of structures in that area;that they need a minimum of 20 -feet clearance. Vice Mayor Barker asked for the recommendation from the Fire District on this. Councilman Perkins answered it was not to change the zoning at this time. Councilwoman Surra asked if there are any kind of impediments now for the Fire District to get to the rear of some of those establishments. Councilman Perkins replied he did not know;that is something they deal with on a case -by -case basis;and that the setbacks are there to provide access in case of an emergency. Councilwoman Richmond asked if all alleyways are 20 -feet wide. City Engineer Gordon Grandy answered that is the case in this particular alley but the minimum clearance for alleys is sixteen feet;that property owners are allowed to put fences up to the property line,and any obstructions beyond that such as cars or trash containers,is not going to change that by reducing the setbacks to zero.He added that some utilities are already occupying some of the alleys. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 13 OF 23 Mrs.Pat Nelson,manager of Los Vaqueros,briefed the council on their needs and the benefits for extending their business structure. Councilwoman Surra asked if the ordinance was addressing the zero setbacks in commercial areas only and not allowing the improvements or enhancements on commercial buildings. Mr.Nakagawa answered that was correct. Councilman Perkins asked if a variance would be better in this case rather than an ordinance. Mr.Nakagawa answered that would be a subject matter for the Board of Adjustment;that staff is still looking at the parking requirements and in terms of zoning issues the Board would have to decide on any variances from the zoning code. City Attorney Glenn Gimbut repeated the question that if a variance could deal with the zero setbacks as opposed to an ordinance. Mr.Nakagawa answered that the criteria for consideration of a variance would be if there was a stringent reason for doing that;for instance a problem with the topography of the parcel that would require changing the rear -yard setbacks to zero. Councilman Perkins was concerned that this ordinance would be a precedent for other businesses who might want to make similar type changes on their properties.He recommended to deal with those problems on a case -by -case basis and,instead of creating an ordinance each time,let them go through the Board of Adjustment. Councilwoman Richmond stated that if parking was a problem,they would not be able to get a building permit. Mr.Nakagawa agreed. Councilman Perkins replied that would be the case unless a councilmember wanted to bring the parking requirements to the council for consideration to change them.He added there might be a problem already if the business is providing seating in their patio without having the appropriate parking. Vice Mayor Barker stated she was not considering this item as an issue for a particular business but for all commercial businesses abutting already established alleys,so that they can REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 14 OF 23 have zero rear -yard setbacks;but if parking becomes a problem,then the business would have to resolve that. Councilman Perkins further explained his concerns. Vice Mayor Barker asked if according to the code Los Vaqueros could not build a roof over the patio. Mr.Nakagawa agreed,they could not build a structure according to the zoning code. Vaqueros would not be adding any more build a roof over the patio;it would round regardless of the weather.She city staff on the addition of parking Mrs.Nelson clarified that Los people in the premises if they could only allow them to use the patio year added they are working together with and that will be possible. Mr.Nakagawa explained that city parking requirements cover only the square footage of a building and it does not include patios;that other zoning codes in the valley include patio seating as well,which does not have to be covered,and that our zoning ordinance needs to be amended to include that. Councilwoman Richmond asked if the council approves this now and the business does not have enough parking for the added structure,then they will not be able to do it. The council confirmed that. Mr.Gimbut explained that if the business cannot provide the additional parking,they may apply for a variance from the parking requirements,and if the Board of Adjustments approves it, then they may be permitted to build. Vice Mayor Barker MOVED THAT ORDINANCE NO.908 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 15 OF 23 ARTICLE 16 COMMERCIAL DISTRICTS,MAKING SPECIFIC AMENDMENTS TO SECTIONS 16.0100,16.0200,16.0300,16.0400,16.0500 AND 16.0600 TO ALLOW FOR "ZERO" REAR -YARD BUILDING SETBACKS FOR COMMERCIAL PROPERTIES ABUTTING DEDICATED ALLEYWAYS,IN CASE PZ-4-94;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.908,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:In favor:Councilman Hendricks,Councilman Coleman, Councilwoman Richmond,Councilwoman Surra,Vice Mayor Barker,Mayor Perkins. Opposed:Councilman Perkins. The motion carried. Mayor Perkins recessed the meeting at 9:52 p.m. She reconvened the meeting at 10:05 p.m. RESOLUTION NO.94-24;PRELIMINARY PLAT APPROVAL FOR IRONWOOD HOMES (SD -94-01)) )Planning Division Mgr.Jim Nakagawa briefed the council on this item.He stated the Planning and Zoning Commission,on August 23,recommended conditional approval with the stipulations as listed in the memo,and Planning staff also recommends approval with the options as listed in their memo. Vice Mayor Barker referred to option No.2 and confirmed that the city would have the right to enforce the upkeep of the retention basin. Councilman Hendricks asked if there will be grass or dirt in the basin. Mr.Nakagawa answered that included in the resolution was a requirement for the subdivider to submit to the Parks and Recreation Director a landscaping plan for approval. Parks & Rec.Director Jeff Bell replied he had not seen any plans for this project and he would have to evaluate the retention basin as a recreational site and determine if something can be done with it;that they first needed to develop some standards for that type of recreational site. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 16 OF 23 Vice Mayor Barker asked if they needed to develop those standards prior to any further plat approvals which may or may not include retention basins. Mr.Bell answered that it would be a good idea to do so. Vice Mayor Barker replied that was reasonable. Mr.Bell added that some retention basins do not have a recreational value and the proposed retention basin should then be directed to the Engineering Department. Vice Mayor Barker stated she had a problem with this because both the commission and planning staff are recommending a retention basin,but other staff have not looked at this yet. Mr.Bell stated that a one -acre retention basin does not provide a recreational value. Vice Mayor Barker asked if recreation was the primary purpose of the retention basin. Mr.Nakagawa answered no,that was an engineering requirement. City Engineer Gordon Grandy clarified that the size of the subdivision dictates that a one -acre retention basin must be there,and the council must decide who will take care of that; that he commented at one time that the city should maintain the basin because of the benefit it serves the community by containing the runoff water. Vice Mayor Barker pointed out that the resolution included the wording that landscaping plans had to be sent to Parks and Recreation for approval but that would not be the case now. Councilwoman Richmond asked if the subdivision was for adults only or included children,and stated that if the basin was not big enough for a park,there was already the Ironwood Park nearby. Councilwoman Surra asked if there were any developers in the audience who would like to comment on this matter. Mr.Steven Ray,1855 S.Recker Rd., Mesa,agreed that the retention basin was not big enough for a park and suggested that it be landscaped in such a way to require minimal maintenance REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 17 OF 23 by the city.He asked Mr.Howard Standage,who was the engineer for this project,to further comment on this. Mr.Standage commented that the maintenance district concept,to his knowledge,has not been tried yet,but that may be an option to provide money for the maintenance of the retention basin. Mr.Gimbut informed the council that the Town of Gilbert tried this maintenance district approach and they were sued by the Center for Law in the Public Interest and lost badly,so he would not recommend that approach. Vice Mayor Barker stated they needed to amend the resolution so that this does not go to Parks and Recreation until they decide who is going to deal with it. Mr.Nakagawa suggested that since the retention basin was an engineering requirement,to send it to Engineering. The council agreed. Vice Mayor Barker MOVED THAT RESOLUTION NO.94-24,APPROVING PRELIMINARY SUBDIVISION PLAT SD -94-01, IRONWOOD HOMES,BY SRC HOMES,BE APPROVED WITH THE FOLLOWING AMENDMENTS:THAT ITEM NO.11 READ "PROPOSED 10TH AVENUE SHALL BE REDESIGNATED AS RAY AVENUE" AND IN ITEM NO.15 THE REFERENCE TO PARKS AND RECREATION SHALL BE CHANGED TO CITY ENGINEERING." Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS: DISCUSSION AND POSSIBLE DIRECTION ON DESIGN REVIEW SAMPLE ORDINANCES )Vice Mayor Barker suggested to postpone this item for another time because of the long agenda.SHE MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT WORK SESSION (SEPTEMBER 19). Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 18 OF 23 The motion carried. NEW BUSINESS DISCUSSION AND SELECTION OF DATE,TIME AND LOCATION FOR A SPECIAL MEETING ON ZONING AND OTHER ISSUES AS THEY RELATE TO HORSES KEPT WITHIN THE CITY LIMITS. (This item was considered after the City Manager's report.) BID AWARD FOR PROJECT NO.ED -1-94:SHORT- TERM ECONOMIC DEVELOPMENT SERVICES )City Clerk Kathy Connelly briefed the council on this item. Vice Mayor Barker asked for further clarification on the Chamber of Commerce proposal. Mr.Donald McNamara,president of Chamber of Commerce,answered Vice Mayor Barker's questions. Vice Mayor Barker I MOVE THAT PROPOSAL FOR SHORT-TERM ECONOMIC DEVELOPMENT SERVICES,PROJECT NO.ED -1-94, SUBMITTED BY CHAMBER OF COMMERCE BE ACCEPTED AS PRESENTED AND THAT CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT. MOTION. VOTE:Unanimous. The motion carried. CONTRACT WITH APACHE JUNCTION CHAMBER OF COMMERCE that money from the short-term economi this contract. there is a stipulation in the Request be used for other projects. Councilwoman Richmond SECONDED THE )Vice Mayor Barker was concerned c development services might be used for City Clerk Kathy Connelly stated for Proposal (RFP)that those funds not Councilwoman Richmond MOVED THAT CONTRACT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES FOR FY 1994-95,BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 19 OF 23 VOTE:Unanimous. The motion carried. NEIGHBORHOOD PARK IN THE WEEKES WASH/PALM SPRINGS AREA briefed the council on this item. )Parks and Rec.Director Jeff Bell Councilman Coleman stated that at the last meeting of the General Plan Update Task Force homeowners from the proposed area expressed some concerns about it. Planning Division Mgr.Jim Nakagawa stated that their concerns were about privacy,security,land ownership. Vice Mayor Barker stated that those and other concerns have been addressed by Parks and Recreation. Councilwoman Surra added that was why Parks and Recreation was asked to look at this and work together with the neighborhood,to find out if the park was feasible or not. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING NEIGHBORHOOD PARK IN THE WEEKES WASH/PALM SPRINGS AREA:THAT STAFF WORK COOPERATIVELY WITH THE PALM SPRINGS GROUP AND OTHER NEIGHBORHOOD GROUPS WHO ARE INTERESTED IN PARKS BY OUTLINING THE NECESSARY PROCESS REQUIRED TO PROPERLY PLAN,DEVELOP AND OPERATE THESE TYPES OF FACILITIES;AND THAT WEEKES WASH CORRIDOR NOT BE CONSIDERED AS A NEIGHBORHOOD PARK DUE TO THE MANY PROBLEMS IDENTIFIED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Perkins stated that County Supervisor Sandy Smith wished to address the council. Supervisor Smith expressed appreciation for help received from the city Public Works Dept.crews on a paving project the county had to do in District 3.She also commended city crews for their work. (ITEMS NO.27A AND 27B WERE DELETED IN THE MOTION FOR THE CONSENT AGENDA.) REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 20 OF 23 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS (Item No.28 was deleted in the motion for the consent agenda.) SELECTION OF MEETING DATES.TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,SEPTEMBER 19,1994,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,SEPTEMBER 20,1994, IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )Mayor Perkins adjourned the meeting at 10:50 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of August 2,1994. 3.Bid award for Project No.ENG 94-01,construction of two entry signs, block with stucco,"Welcome to Apache Junction." 4.Bid award for Project No.ENG 94-02,construction of a concrete box culvert at Winchester Road and Old West Highway. 5.Bid awards for used water truck,chip seal oil,street striping,and 3.5 -yard loader. 6.Approval of Resolution No.94-25,authorizing investment of monies in the Local Government Investment Pool. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 21 OF 23 7.Approval of Resolution No.94-26,authorizing officers/agents to deposit,transfer and withdraw monies in the Local Government Investment Pool. 8.Approval of Resolution No.94-20,supporting a regional planning study of the Williams Redevelopment Partnership. 9.Approval of Intergovernmental Agreement with Pinal County for a Joint Special Census. 10.Approval of contracts for legal services with Bill Stephens and Associates. 11.Approval of City Magistrate,Presiding Judge,as Juvenile Hearings Officer.(Superior Court of Pinal County requires this appointment by council in order for juvenile matters to be heard by the Magistrate Court.) Item No.23 was moved to following the City Manager's report. Items No.27A and 27B,and 28 were deleted. ACCEPTED THIS 4TH DAY OF OCTOBER ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF OCTOBER ATTEST: 0 DZ kaidENCONNELCi-r City ClerK REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 22 OF 23 ,1994. JEAVERKINS Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of September,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of September,1994. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,1994 PAGE 23 OF 23