HomeMy WebLinkAbout1993-12-07 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
DECEMBER 7,1993
The regular meeting of the City Council of the City of Apache Junction,
Arizona,was held on December 7,1993 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 7:15 p.m.
INVOCATION
Councilman Coleman gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilwoman Richmond led the Pledge of Allegiance.
ROLL CALL
Councilmen Present:Mayor Perkins
Vice Mayor Barker
Councilwoman Richmond
Councilman Hendricks
Councilman Coleman
Councilman Cox
(Councilman Perkins was absent.)
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 Bill McDaniel
City Engineer Gordon Grandy
Public Works Supt.Doug Dobson
Planning Division Manager/Acting Director of
Development Services Jim Nakagawa
Penni Wallace,1727 S.Mariposa,Apache Junction
Carol Doty,Apache Junction Chamber of Commerce
Michelle Wilson,86 N.Raindance,Apache
Junction
Robert Trepp,2300 W.Apache Trail (Dairy
Queen),Apache Junction
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 1 OF 18
John Pein,6326E.20th Ave.,Apache Junction
Gary Mulholland,215 W.17th Ave.,Apache
Junction
Lorin Scholtes,3405 Tomahawk Rd.,Apache
Junction
ACCEPTANCE OF CONSENT AGENDA
)Councilwoman Richmond MOVED THAT
THE CONSENT AGENDA BE ACCEPTED AS PRESENTED.
Vice Mayor Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
AWARDS,PRESENTATIONS AND COMMUNICATIONS
City Clerk Kathy Connelly read a mayoral proclamation designating December as
"Food Bank Month."
CALL TO THE PUBLIC
None.
CITY MANAGER'S REPORT
City Manager Mike Lee reminded the Council that tomorrow at 2:00 p.m.will be
the dedication for the Richard Broman Operations Center.He reported on the
Adopt -A -Street program;the City Clean -Up Week;the Christmas lights on Apache
Trail;a survey questionnaire on the landfill siting that will be published
for the public's input;the results of a Total Quality Management Survey that
was made by the Public Works Department;and the entry way sign into the City
from the west that is about 80% complete.He also gave a financial report for
the month of November.
PUBLIC HEARINGS
ORDINANCE NO.881,PZ-93-08,A CITY-
INITIATED AMENDMENT TO THE ZONING
ORDINANCE
)Planning Division Manager Jim
Nakagawa briefed the Council on this item.He stated that the City Engineer
made recommendations to the Planning and Zoning Commission about the color to
be used for the stripes on parking lots but the commission did not want to
specify a color in this ordinance.
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DECEMBER 7,1993
PAGE 2 OF 18
City Engineer Gordon Grandy
explained that in the Manual of Uniform Traffic Control Devices,which is a
national standard for distinction of painting on public roadways,the color
yellow is to distinguish when traffic is opposite on your other side;the
color white is to indicate people going in the same direction.He stated that
the reason for his recommendation was for uniformity purposes and to avoid
confusion.
Councilman Coleman asked if the way
this ordinance reads now people have the option to use either color.
have the option to choose either color.
Mr.Grandy answered that people will
Vice Mayor Barker encouraged the
Council to approve this ordinance.She stated that the Council has discussed
the paving of parking lots in the past and this is part of their commitment to
help keep our environment in the city as clean as possible.
Mayor Perkins opened the hearing to
the public.There being no one wishing to speak on this item,she closed the
hearing to the public.
Vice Mayor Barker MOVED THAT
ORDINANCE NO.881 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,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING
SECTION 20.0103 REQUIRING THE PAVING OF DRIVEWAY,PARKING AND LOADING AREAS OF
NEW MULTIPLE -FAMILY RESIDENTIAL,COMMERCIAL,MUNICIPAL,AND INDUSTRIAL
DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY."
Vice Mayor Barker MOVED THAT
ORDINANCE NO.881,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED.
Councilman Coleman SECONDED THE
MOTION.
VOTE:Unanimous.
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DECEMBER 7,1993
PAGE 3 OF 18
The motion carried.
ORDINANCE NO.868,AMENDING THE APACHE
JUNCTION CITY CODE,CHAPTER 5,
MAGISTRATE COURT
)City Attorney Glenn Gimbut stated
this item is being brought back according to the Council's decision at the
October 5,1993 meeting.He stated that he was still working on this matter
with Mr.Wininger of the Supreme Court and it is not yet ready for final
adoption.He recommended this item be continued to the next meeting.
Vice Mayor Barker MOVED THAT THIS
PARTICULAR ITEM BE POSTPONED UNTIL 12/21/93.
Councilman Hendricks SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
OLD BUSINESS
None.
NEW BUSINESS
PINAL COUNTY I.G.A.FOR ROAD IMPROVEMENTS
ON BASELINE AVENUE
)City Engineer Gordon Grandy
briefed the Council on this item.
Vice Mayor Barker MOVED THAT THE
MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVE THE
INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND APACHE JUNCTION FOR THE
IMPROVEMENTS TO BASELINE AVENUE,AND AUTHORIZE THE CITY MANAGER TO SIGN SAID
AGREEMENT.
Councilwoman Richmond SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
PINAL COUNTY I.G.A.FOR EQUIPMENT LEASE )
)City Engineer Gordon Grandy
briefed the Council on this item.
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DECEMBER 7,1993
PAGE 4 OF 18
Councilman Hendricks MOVED THAT THE
MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVE THE
INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND APACHE JUNCTION FOR THE
LEASING OF CITY EQUIPMENT,AND AUTHORIZE THE CITY MANAGER TO SIGN SAID
AGREEMENT.
Councilman Coleman SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
ORDINANCE NO.828,TOWING SERVICE POLICY )
)Councilman Hendricks stated that
the City should not guarantee the success of one or two businesses and not
allow other businesses in the community to participate in the towing rotation
list.
Mrs.Penny Wallace,1727 S.
Mariposa,stated that there were two different sets of City towing policies
currently in existence.She briefed the Council about the time she addressed
the Council on the towing list back in January 19,1993 when this ordinance
was passed.She stated that to this date it has not been decided who the
primary companies and the alternate are;that she assumed that the alternate
company was hers but that was not clear and asked the Council to answer that.
She stated that on February 19,1993,she had a meeting with the Police Chief
and others and she was presented with a copy of the new city towing policies
which had to be approved by the City Council,but that did not happen.She
added that the new towing policies had stiffer regulations.
Councilman Hendricks asked which one
of the two towing policies that were submitted to them would they honor.
City Clerk Kathy Connelly explained
that the changes made so far to the original policies should be minimal;one
change has to do with the number of meetings and another change has to do with
the rotation list from last year;except for these two changes,both policies
submitted to the Council should match what was adopted under Ordinance No.606
in 1987.
City Manager Mike Lee stated that
policy "B"at the end states that it was adopted by ordinance,so these rules
and regulations were adopted by ordinance on January 19,1993.
Vice Mayor Barker stated that the
Council at that time did not understand they were adopting the policies;they
understood that they were simply amending a portion of the policies.
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DECEMBER 7,1993
PAGE 5 OF 18
Ms.Connelly stated that the
authority that Council gave by adopting Ordinance No.828 was simply to change
the verbiage under "Number of List Companies"and other changes made within
the context were done without authority of the City Council.
Vice Mayor Barker stated she had in
her hand a copy of the Arizona Department of Public Safety Towing Policies and
they have many towing companies.She read in there the qualifications for tow
truck drivers and stated that ours were these rambling words without numbers.
Mr.Gary Secor,198 S.Thunderbird,
owner of Action Towing,stated that in the DPS application to be in the
rotation list there are terms that need to be met such as a certain number of
years of experience.
Vice Mayor Barker stated that the
Council changed the towing policy from 5,000 population for every towing truck
to 10,000 population instead of increasing the number of towing companies;
that the Council accepted the change,which she opposed,with the addition of
an alternate which was left up to the Police Chief to implement,but she heard
nothing about who that alternate was.
Councilman Hendricks stated he did
not understand why we have to set a population number for how many tow
companies we have;if we have ten companies which meet the qualifications and
they all are eligible,they should be on the rotation list.He pointed out
that DPS has about a $500,000 insurance level and we ask for one million.
City Attorney Glenn Gimbut explained
that when the police orders that a particular towing company tows away a
vehicle,that company can be considered to be possibly our agent or our
representative.He added that these days on personal injury lawsuits a
million dollars is not very much.
Councilman Hendricks asked if all of
these companies meet the standards,why should they not be allowed on the
list.
City Manager Mike Lee suggested to
allow Chief McDaniel to answer that question.
Chief McDaniel replied that if they
wanted to eliminate that number it was fine.
Vice Mayor Barker suggested to
delineate the facility,equipment,and reputation standards as those of DPS.
Chief McDaniel replied that the
equipment would be the same used for a call from a citizen.
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DECEMBER 7,1993
PAGE 6 OF 18
regarding the character or reputation
Revised Statutes that should not be br
delineate our requirements in the same
it.
also needed to delineate the standards
were our responsibility and they would
rather than sitting in a wash.
the facilities were well delineated in
specifications should remain in there
company.
and stated she was concerned with havi
specific.
was an alternate company.
was an alternate.
was decided upon by the towing
in the latest policy.
McKinley Towing Company was selected as
answer that question right now
it.
Vice Mayor Barker stated that
DPS made reference to different Arizona
oken such as DUI,etc.She suggested to
way solthat there is no question about
Ms.Connelly stated that the Council
for facilities because the vehicles
be safer behind a chain -link fence
Vice Mayor Barker pointed out that
the policies.
Chief McDaniel replied that those
for the benefit of the City and the
Vice Mayor Barker agreed with that
ng the statutes in there to be more
Councilman Hendricks asked if there
Chief McDaniel answered that there
Councilman Hendricks asked if that
company committee within the police department.
Chief McDaniel answered that it was
Councilman Hendricks asked if
the alternate by the committee.
Chief McDaniel answered he could not
because he needed to go back and find out about
Vice Mayor Barker asked Councilman
Hendricks if his purpose at this point was to ask staff to draw up a change in
this ordinance.
direction.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE TOE 18
Councilman Hendricks answered yes.
Mayor Perkins asked what will be the
Councilman Hendricks answered that
it will be to eliminate the population clause and make it equitable for all
eligible towing companies to be put on the rotation list.
Mayor Perkins asked if we then would
have rotation instead of primary companies.
Councilman Hendricks replied that
whoever meets the qualifications can be put on the towing company list and it
just goes on a rotation basis.He stated that his objective is to make it
fair to all the qualified companies and not restrict it to just a few.
Vice Mayor Barker asked Councilman
Hendricks if he would like to open this up to any towing company within Apache
Junction who has a city business license and who meets the qualifications set
up in this towing policy.
Councilman Hendricks answered yes
and added that it would be according to the policy that is the correct one.
Vice Mayor Barker asked if he would
add the definition of terms to that.
Councilman Hendricks answered yes.
Vice Mayor Barker asked that those
terms be similar to the ones in the DPS policy.
Mr.Gimbut stated that both "A"and
"B"towing policies make reference to compliance with all of the requirements
of the State law and all of the rules and regulations regarding tow truck
operations promulgated by the Arizona Department of Public Safety.He stated
tow truck companies in our State have to be licensed and regulated by DPS and
he believed those companies already know what those rules are.He added we do
not necessarily have to duplicate those rules in our policies.
reference that however.
Ms.Connelly replied that we should
Vice Mayor Barker agreed with that.
Mr.Gimbut stated he is saying that
we already have that reference in our policy.
Vice Mayor Barker replied she felt
better if the reference is an A.R.S.
Mrs.Wallace asked that the Council
also add in the ordinance that the records of calls for towing be released.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 8 OF 18
public records.
request for those records at
department is to forward the
was not referred to the City
Mr.Gimbut stated those were already
Ms.Connelly suggested to fill out a
her office because their practice with the police
request to them.
Mayor Perkins asked if Mrs.Wallace
Clerk's office for her request.
Mrs.Wallace answered she was told
that it was not a matter of public record.
Ms.Connelly stated that those are
public records.
Councilman Coleman asked what the
towing policies are in other cities and if they limit it on the basis of
population.
City Manager Lee answered he knows
some that do it that way but he could not remember what the reason was.He
believed it was management and administrative reasons because it was easier to
manage a handful of tow companies.
Vice Mayor Barker recalled that last
time the Council got several different towing policies and it was 50/50;some
of them based it on population and some left it open.
tow companies are in Apache Junction.
three that are licensed.
Councilwoman Richmond asked how many
Ms.Connelly answered there are
Councilwoman Richmond stated that
she did not see a harm in having three companies on our rotation list.
Councilman Hendricks MOVED TO HAVE
STAFF GO BACK THROUGH THIS ORDINANCE AND DELETE THE POPULATION CLAUSE AND OPEN
IT UP TO QUALIFYING TOWING COMPANIES THAT MEET THE REQUIREMENTS,HAVE A CITY
BUSINESS LICENSE,RESIDE IN THE CITY AND THEIR LOTS ARE IN THE CITY;AND THAT
WE HAVE MORE DEFINITION OF TERMS AS FAR AS FACILITIES AND REPUTATION AND TO
REFERENCE D.P.S.TOWING (POLICIES).
City Clerk Kathy Connelly asked if
he wanted to stipulate a level of insurance.
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DECEMBER 7,1993
PAGE 9 OF 18
Councilman Hendricks answered to
leave it as is.
Vice Mayor Barker SECONDED THE
MOTION.
Councilman Hendricks asked if it was
possible to have this back by the end of this year.
Assistant City Manager stated that
it was a week's time because staff had to submit the materials for the next
Council agenda by next Monday.
leave it as is.
MOTION.
January 18,1994 meeting.
was enough time.
VOTE:Unanimous.
The motion carried.
Vice Mayor Barker suggested the
Councilman Hendricks asked if that
Ms.Connelly confirmed that.
Mayor Perkins recessed the meeting
at 8:17 p.m.She reconvened the meeting at 8:34 p.m.
CONTINGENCY FUNDS TO SUPPLEMENT PARKS
AND RECREATION BUDGET TO MAKE
IMPROVEMENTS AT THE RODEO ARENA
)Mayor Perkins called on Carol
Doty,Chamber of Commerce Director,to speak on this item.
Ms.Carol Doty stated that the
in support of a general purpose facility being
needs of the community of Apache Junction such as the
She further spoke on the development and use of the
Chamber of Commerce is
developed to serve the
present rodeo grounds.
rodeo grounds.
Ms.Michelle Wilson,86 N.Raindance
Rd.,president of the Superstition Mountain 4-H Community Club,spoke in
support of developing the rodeo arena.
Mr.Robert Trepp,2300 W.Apache
Trail (Dairy Queen),spoke on behalf of Main Street in support of funding the
development of the rodeo grounds.
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DECEMBER 7,1993
PAGE 10 OF 18
Mr.John Pein,6326 E.20th Ave.,
spoke on behalf of the Superstition Horsemen's Association in favor of this
item.
Mr.Gary Mulholland,215 W.17th
Ave.,Parks & Recreation commissioner,spoke in favor of this item.
Mayor Perkins asked the City Manager
to speak on this item.
City Manager Mike Lee supported the
project and asked Mr.Mulholland if they were still asking for $60,000 for the
rodeo arena.
Mr.Mulholland explained it would be
$60,000 for the initial phase and $4,000 additional for the lighting.
Mr.Lee stated this project would be
a good investment;that there are ways to finance things such as a four-or
five -lease purchase;if we do it this way initially,we can help repay that
lease purchase debt with revenues that would be generated from the facility.
He stated that instead of the Chamber spending the thousands of dollars to
rent those facilities,they could use those funds to help buy the facility.
Mr.Lee further explained that the
City has a bond program which was thought it might generate approximately
$800,000 or $900,000 which could be used for the first phase of a new City
Hall,but i t looks now like it will be closer to $400,000 or $500,000 instead,
and he did not believe that was adequate funds to justify the first phase of
another city building,but they could be made available for the rodeo grounds.
He also favored having a masterplan or long-range plan for that facility and
that maybe we needed to consider spending some money in the planning process.
Mr.Lee stated we need to be
cautious about simply taking $60,000 out of contingency funds tonight and
suggested to consider other options that will have less financial impact on
the City right now when we are still uncertain about the revenues for this
year.He also reminded the Council that a merit increase was not approved for
employees this year,that several positions have not been filled,and besides
we are spending more than what our revenues are.
Mayor Perkins agreed on having a
masterplan for this project.
Vice Mayor Barker suggested to come
up with a methodology that would allow us to meet the short-term needs while
exploring the availability of paths for the long term.She asked what can we
do to answer the short-term needs of say the next six weeks or so.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 11 OF 18
Mr.Lee answered that we can have a
lease -purchase quickly in a couple of weeks.
Mr.Lee stated he did not doubt that
we could take the $60,000 out of the bond funds and still have the other
projects as we planned,but he did not know how long that process will take.
Mr.Gimbut suggested to ask Mark
Reader if we can do a lease purchase for a short-term financing to be taken
out by the bond funds and be replaced by the bond funds,because the interest
rate on those bond funds were not going to get a lease purchase.
Mr.Lee replied that it may not even
be a lease -purchase but a C.O.P or Certificate of Participation which they
have normally recommended in the past.
Vice Mayor Barker asked how soon can
they get information on all of these options.
Mr.Lee answered that it could be by
the next meeting,December 21st.
Vice Mayor Barker stated she
supported the development of the rodeo grounds,but before they committed the
money,she would like to have some good,sound,concrete information of ways
that we can do it.
Mr.Lee replied that Mike Cafisso
said there was a process that can be followed which is not unusual and
consisted of notifying the bond holders,getting approval from the Trustee,
and getting the approval from the M.P.C.(Municipal Property Corporation);but
whether or not they would approve it,he did not know.
They further discussed what the
process would be for getting the funds from the bond program for this project.
Someone speaking away from the
microphone stated that the only delay on this project is getting the Council's
approval along with the process of public advertisement for the bid.He
suggested that the Council show their vote of approval tonight and the dollar
amount later after they find out where the money will be coming from.
Parks & Recreation Director Jeff
Bell stated that the rodeo park is on top of the Five -Years Parks Plan list.
He stated that the rodeo arena could go in and things could be masterplaned
around it;that they are looking at a site larger than the twenty acres that
they presently have,maybe sixty,eighty,or a hundred acres and that they
neededito get the public's input on things such as exhibit halls,an outdoor
concert,an amphitheater or stage,and that these things also needed to be
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 12 OF 18
considered by people from the Lost Dutchman Days and the Old West Festival.
He stated that the $60,000 does not include any money for the announcer stand
that was lost in the fire which the insurance company estimated would be about
$8,500 to reconstruct,but we would only get $4,000 or $5,000 for that.
Mayor Perkins asked if the announcer
stand can be built of stucco instead of wood.
Mr.Bell answered that they could
surely do that but they are relying on only so much money.
Mayor Perkins stated that the way
she is hearing it is a -few sticks of wood thrown together but that is not the
way she is seeing the rodeo park;that if we are going to do it,we should do
it well and attractively.
Mr.Bell indicated that we may get
about a quarter -million dollars in grant money from the heritage funds for the
third phase of prospector park which is about a half -million project and this
is coming up soon,so there might be some other delays besides the Council's
decision because staff will be working on that but they will try their best
effort on this.
Mr.Bell stated he was concerned
with our maintenance capabilities because Parks was understaffed right now,and
he listed some of the city maintenance work needed.He added that there were
enough volunteers to help the rodeo facility get started and get it maintained
for the short term and maybe in the long term also.He stated that a full-
time maintenance person needed to be considered in the future because we keep
building things but more people are needed to maintain the new facilities.
Vice Mayor Barker agreed with
Mr.Bell's comments and Mayor Perkins commended the department for their job.
spoke away from the microphone).
this project.
Mr.Pein made some comments (he
Councilman Cox expressed support for
Vice Mayor Barker stated she
supported the project but it was difficult for her to decide on the money,but
she would vote yes either way.
Vice Mayor Barker MOVED THAT THIS
COUNCIL SHOW SUPPORT FOR THE RODEO GROUNDS AND THAT THE STAFF PLEASE FIND A
METHOD WITH WHICH WE COULD FUND IT AND BRING THOSE OPTIONS BACK IN TWO WEEKS.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 13 OF 18
Councilman Hendricks SECONDED THE
MOTION.
Councilman Coleman offered a
substitute motion:THAT WE APPROVE SUPPLEMENTING THE PARKS AND RECREATION
BUDGET TO BEGIN IMPROVEMENTS AT THE RODEO GROUNDS AND INSTRUCT STAFF TO COME
BACK WITH OPTIONS IN TWO WEEKS ON HOW TO FUND IT.
Vice Mayor Barker SECONDED THE
MOTION.She withdrew her motion and Councilman Hendricks his second on their
first motion.
VOTE:Unanimous.
The motion carried.
COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS
CHANGES TO CART VENDOR REGULATIONS
)Mayor Perkins indicated there was
a request for a concession stand which our regulations did not provide for.
Mr.Lorin Scholtes,3405 Tomahawk
Rd.,explained to the Council that our regulations are restricted to sixteen
square foot carts and his concession stand is only 8'x 10'square foot.
Vice Mayor Barker asked if that was
a peddler's cart or a concession stand and if that is not a different thing.
City Clerk Kathleen Connelly
answered it was a concession stand.She stated that the ordinance right now
strictly addresses cart vendors which have to be on wheels.
Vice Mayor Barker stated this is a
concession stand and does not even fall under our peddlers ordinance.
Ms.Connelly replied that peddlers
are different than cart vendors,which is why it is on the agenda for
direction to staff.She stated that staff has thought for some time that the
16 square foot cart was overly restrictive and there needed to be some
expansion,however this concession stand is a different type structure and
they would possibly need to look at some zoning issues.She suggested that
something of this size would be on a very limited basis such as a grand
opening or no more than three days or a special type of sale and an estate
sale.
Vice Mayor Barker asked if a store
that is having a grand opening cannot have somebody outside set up to sell
hamburgers when they request it.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 14 OF 18
ordinance that is correct.
when Q -Fresh and others sell hot dogs.
have a cart.
concession stand.
whatever Q -Fresh had.
Ms.Connelly replied that under our
Mayor Perkins asked what happens
Ms.Connelly answered they usually
Mayor Perkins stated they had a
Ms.Connelly replied she did not see
Mayor Perkins commented it was fine
if the stores ask a concession stand to come in and set up but she did not
agree on them being out here on their own and that most of these concession
stands are used at carnivals and the such but they cannot go out and compete
with the business community with those.
Ms.Connelly stated that when the
cart vendor ordinance was done,one of the provisions was that if a cart was
selling hot dogs,it could not be within a certain distance of a business
selling the same type of things so that there would not be competition.
Vice Mayor Barker asked for
clarification on what the Council wanted to do.
Ms.Connelly answered that they were
suggesting two things:(1)do something to allow a larger size cart and (2)to
allow something such as what Mr.Scholtes has but on a limited basis.She
added that i t has to be on commercial property that has open restroom
facilities so that people can wash their hands and be similar to what we
reuire for cart vendors.
Mayor Perkins stated that our Health
Department was very strict and asked Mr.Scholtes if he had his business
inspected by Pinal County Health Department.
Mr.Scholtes answered that he
informed the Health Department of his type of business but they did not check
it out.
Ms.Connelly stated that the City
could not issue a business license without a clearance from the Health
Department.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 15 OF 18
Vice Mayor Barker agreed with
Ms.Connelly's suggested changes.
The Council and staff further
discussed the changes.
Ms.Connelly clarified that staff
would be looking at making two proposals:first,to change the square footage
requirement of a regular cart and then introduce something that would allow
for the concession stand but they also should limit the size of this.
Mayor Perkins asked about the
average size for a concession stand.
Mr.Scholtes answered...(inaudible,
he spoke away from the microphone).
Mrs.Anne Williams,479 N.Cactus,
stated she had an 8'x 10'cart and she has not seen one that was
4'x 4'.She suggested to rather state that it cannot take up a space larger
than 4'x 4'and asked that the ordinance be changed.
Ms.Connelly stated that they will
call around and get some general ideas for the size limit.
Mayor Perkins asked if they will
also address the concession stands.
Ms.Connelly answered that it will
require adding another section to the Code but that was no problem.
Councilwoman Richmond MOVED THAT WE
DIRECT STAFF TO REVIEW THE CURRENT CART VENDOR AND CONCESSION STAND
REGULATIONS AND BRING BACK A PROPOSED CHANGE FOR COUNCIL CONSIDERATION.
Vice Mayor Barker SECONDED THE
MOTION.
Ms.Connelly asked if the Council
wanted back an ordinance for adoption or if they wanted to see a report and
then give further direction to staff.
Vice Mayor Barker asked if they
could have the report put in their mail boxes and then,unless staff heard
from the Council,have it in ordinance form.
Ms.Connelly pointed out this was
the holiday season and asked the Council when they would expect to see this
back.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 16 OF 18
Councilwoman Richmond suggested the
first meeting in February 1994.
Ms.Connelly agreed on that.
VOTE:Unanimous.
The motion carried.
SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES
Vice Mayor Barker MOVED THAT AN
EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON:
MONDAY,DECEMBER 20,1993,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY
COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION BE HELD AT
6:00 P.M.ON TUESDAY,DECEMBER 21,1993,IN THE CITY COUNCIL CONFERENCE ROOM.
MOTION.
VOTE:Unanimous.
The motion carried.
INFORMATION AND REPORTS
None.
ADJOURNMENT
Councilwoman Richmond SECONDED THE
)Mayor Perkins adjourned the
meeting at 9:35 p.m.
Consent Agenda Items are as follows:
1.Acceptance of Agenda.
2.Acceptance of the Minutes of the Regular Meeting of November 16,1993.
ACCEPTED THIS 21ST DAY OF DECEMBER 1993,BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNEDAND:ATTESTED TO THIS.22ND DAY OF DECEMBER
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 17 OF 18
,1993.
ATTEST:
KATHLEEN CONNELLY
City Clerk
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 7th day of December,1993.I further certify
that the meeting was duly called and held and that a quorum was present.
Dated this 13th day of December,1993.
KATHLEEN CONNEL
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 7,1993
PAGE 18 OF 18