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HomeMy WebLinkAbout1991-07-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 2,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 2,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Cox Councilman Perkins Councilwoman Alger Councilman Coleman City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Assistant City Manager George Hoffman Parks and Recreation Director Jeff Bell Captain Reed Cox Senior Planner Jim Nakagawa Economic Development Manager John Schoeph City Engineer Gordon Grandy License Compliance Specialist Craig Meusel Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 1 Ms Toni Pasquale 946 E.Osage Apache Junction,Arizona Ms Geneva Panasevicz 2196 S.Arizona Road Apache Junction,Arizona Ms Midge Conway 902 S.Ocotillo Drive Apache Junction,Arizona Rev.Glenn Stout 1406 S.Lawther Drive Apache Junction,Arizona Mr.Mike McGarvey 1495 E.Southern Avenue Apache Junction,Arizona Ms Lila Flumerfelt 925 E.Kachina Apache Junction,Arizona Mr.Bill Wilson 671 E.Quail Apache Junction,Arizona Mr.Tony Vehon 230 W.Tepee Street Apache Junction,Arizona Ms Nancy Robertson 722 E.Quail Apache Junction,Arizona Mr.Ronald Staples 734 E.Quail Apache Junction,Arizona Ms Eileen Mistle 8111 E.Iran Mesa,AZ Ms Elaine Chambers 421 Hondo Avenue Apache Junction,Arizona Mr.Reggie Warren REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 2 Mr.John Koza Lucky Bob's Liquor Store ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -3 BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.91-27,AUTHORIZING THE MAYOR TO TAKE THE APPROPRIATE ACTIONS NECESSARY FOR SUBMISSION OF APPLICATIONS FOR THE FY 1992 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CERTIFYING THAT SAID APPLICATIONS MEET THE LOW AND MODERATE BENEFIT REQUIREMENTS OF THE STATE CDBG PROGRAM,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.91-28,IDENTIFYING FY 1992 COMMUNITY DEVELOPMENT AND HOUSING NEEDS AND ACTIVITIES TO BE UNDERTAKEN TO MEET SUCH NEEDS,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.91-29,ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN,AS REQUIRED UNDER SECTION 104(d)OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.91-30,COMMITTING LOCAL FUNDS AS LEVERAGE FOR THE 1992 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION,BE APPROVED AND ADOPTED WITH A LEVERAGE OF $16,000 AS OUTLINED IN THE RESOLUTION. I FURTHER MOVE THAT KENNETH BLUNTSCHLY BE APPOINTED TO THE BOARD OF ADJUSTMENT, SAID TERM TO EXPIRE JUNE 30,1994; AND THAT DALLAS DEWEY BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS, SAID TERM TO EXPIRE JUNE 30,1993; AND THAT BRUCE EAGLESHAM BE APPOINTED TO THE ECONOMIC DEVELOPMENT COMMISSION, SAID TERM TO EXPIRE JUNE 30,1994. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 3 Mayor Damiano informed those present that at the State-wide City Attorney's meeting,League of Arizona Cities officials thanked City Clerk Kathy Connelly for her work on various issues of interest to cities and towns during the 1990 legislative session.Mayor Damiano congratulated City Clerk Kathleen Connelly for her work and the special recognition she brought herself and the "plus"she brought to the city. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Michael R.Lee reported on the activities in the Code Enforcement Division of the Development Services Department,that in May 1991 they conducted 273 other inspections -non -building inspections,compared to 187 made the previous year in May,and stated that they are making great strides in making Apache Junction a better place to live,commending that department for their efforts.Mr.Lee stated that Council directed staff to start a targeted enforcement program,concentrating on areas of the City,and as a result of that department has covered the entire top one-third northern part of the City and are now down in the bottom one-third,beginning in the southeast and working their way towards the west. Mr.Lee reported that use of the milled asphalt,donated by Nesbitt Contracting,has allowed approximately 21/2 miles of asphalt to be put down.Mr. Lee stated that the City received a $10,000 grant today from the Department of Commerce to go towards a Capital Improvement Program. Mr.Lee further reported that at 9:30 a.m.he became the proud grandfather of a granddaughter by the name of Brianna. Mayor Damiano asked Mr.Lee to brief the public on the asbestos problem with the fire at Meridian and Broadway. Mr.Lee stated that having recently become aware of the requirements involved with asbestos removal for buildings to be torn down or burning up,the City will have to contract with an asbestos removal firm to take care of that problem prior to tearing down the building at Meridian and Broadway.Mr.Lee added that the same problem exists with the old AMVETS building at Tomahawk and U.S.60. Mayor Damiano stated that having taken a tour of the roads being paved with milled asphalt,he felt i t looks very good. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 4 PRPOSED RESOLUTION NO.91-14,GPA-91W-03, GENERAL PLAN AMENDMENT,HARAMBASIC )Senior Planner Jim Nakagawa briefed the Council on the request by John Harambasic to redesignate 40 acres in Section 33 located on the east side of Royal Palm Road and 660 feet south of Southern Avenue,from Medium Density Residential to his proposed Recreational Vehicle Park.Mr.Nakagawa stated that several years ago another General Plan rede- signation for Mr.Harambasic was considered from Medium Density to High Density Residential,which staff recommended approval of but was denied by Council,and that this is basically the same area with 40 rather than 60 acres. Mr.Nakagawa stated that staff and the Planning and Zoning Commission recommend denial of the request because the community's image needs to be considered;a walled RV park would not be an attractive view of Apache Junction from the freeway;the community's economic base needs to be diversified;and the request appears to run contrary to the basic objectives of the General Plan. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,addressed the Council requesting approval of the redesignation, and stating that RV parks provides jobs for citizens and homes for new resi- dents. Councilman Perkins asked i f the owner also owns the 20 acres above this property,and what plans for development does he have for that property. has no plans at this time. Mr.Stachar replied that the owner Councilman Perkins asked Mr.Nakagawa how rezoning the 40 acres will affect the 20 acres. Mr.Nakagawa replied that at this time the City does not have jurisdiction to rezone,as this is a preparatory stage,but that land use conflicts are anticipated,and i f there are conven- tional homes on the 20 acres to the north they will be abutting this RV park. Councilman Perkins asked i f this amendment is approved,would the applicant have to come back to the Council in order to rezone. Mr.Nakagawa replied that i f the Plan amendment is approved,the applicant may develop an RV park. Councilman Perkins asked i f he deci- des to include the 20 acres in the future,will he have to come back to the Council. Mr.Nakagawa replied that he would have to come back to the Council in order for the Council to support any zoning change in the County. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 5 Vice Mayor Eidson asked i f the County approved a zone change,would the restrictions be basically the same as in the City. Mr.Stachar answered that the City would be permitted to have substantial input for the zoning change to be approved,and he understood that the requirements are the same. Mr.Stachar stated that the 20 acres has possibilities for light garden -type offices,or muti-family,twin homes. Mr.Nakagawa pointed out that the difference between the City and County's sewage treatment plant requirements, would be that the County does not require a conditional use permit,as the City does. Councilman Coleman questioned why only the first page of the petitions mentions not opposing the General Plan amendment. Mr.Stachar explained that the first page is signatures of property owners adjoining the property in question,the following page is primarily business owners throughout the community who support the RV industry. Councilman Coleman commented that he is not sure he opposes Recreational Vehicle parks,however,he is concerned with changing the General Plan. Mr.Stachar argued that the defini- tion of the General Plan is "general"not "specific",which provides the oppor- tunity for more change. fication of the petitions. Councilwoman Alger asked for clari- Mr.Stachar explained that the first petition is signed by property owners within 300 feet of the property in question,and the second petition is signed by business owners in the area of Apache Junction who support the RV industry as a whole. Mayor Damiano stated that he disagrees with the the Planning and Zoning Commission's reasons for recommending denial. Councilman Coleman pointed out that the Council needs to consider very carefully that the Planning and Zoning Commission did recommend denial and their reasons. Councilman Perkins commented that the apartment buildings next to the single family homes in the Royal Palm area REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 6 should never have happened -it was a poor decision -and now the Council is debating allowing an RV park to develop below those homes.Councilman Perkins asked what this might do to home values in that area. Mr.Stachar replied that as a real estate broker and owner of a duplex,he would choose to be next to an RV park rather than the apartments that exist in town. Councilwoman Barker pointed out that there are 80 people who live adjacent to the property and signed a petition opposing this development,and although we cater to a large number of winter visitors who reside in RV parks,there is an entire neighborhood that appears to be up in arms. Mr.Stachar requested to respond to any oppositions in rebuttal. Mayor Damiano opened the hearing to the public,and asked i f there was anyone who wished to speak in favor of the amendment. Ms Toni Pasquale,946 E.Osage, Apache Junction,addressed the Council in opposition to the amendment,stating that this development would adversely effect the image of Apache Junction. Ms Geneva Panasevicz,2196 S. Arizona Road,Apache Junction,spoke in opposition to the amendment,commenting that Apache Junction is growing for permanent residents and there is becoming a need for more single family homes. Ms Midge Conway,902 S.Ocotillo Drive,Apache Junction,stated that it would be detrimental to Apache Junction to approve this amendment to the General Plan,and that there are already too many mobile home and RV parks in the area. Rev.Glenn Stout,1406 S.Lawther Drive,Apache Junction,spoke in opposition to winter visitors and providing more RV parks for them. Mr.Mike McGarvey,1495 E.Southern, Apache Junction,spoke in favor of the area remaining the way i t is. Ms Lila Flumerfelt,925 E.Kachina Avenue,Apache Junction,stated that when they moved to Apache Junction i t appeared to be moving in the direction of year-round residents,and this would be a backwards step. rebuttal to the opposition. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 7 Mayor Damiano asked i f there is any Mr.John Harambasic,1300 S.Spurr, Mesa,applicant and owner of Basic Drilling Company in Apache Junction,argued In favor of the amendment,stating that the wall around the RV park would be attractive,and that no one is going to want to build single family homes along the freeway. Councilwoman Alger asked how soon Mr.Harambasic would start the project,should he get approval. Mr.Harambasic replied that after the paperwork,it would probably begin in six months. Vice Mayor Eidson stated that pro- perty owner has a basic right to develop his property however he sees fit,but under County regulations septic tanks could be used and this could cause concern. Mr.Harambasic commented that test wells have already been drilled. Vice Mayor Eidson added that i t could be a bad problem in the future to have that many septic tanks that close together. Councilwoman Alger asked how many units are proposed for the property. Mr.Harambasic replied that it would be approximately 400 units,but i t could be cut down. Councilwoman Alger asked how far could Mr.Harambasic cut it down. Mr.Harambasic pointed out that in order to have swimming pools,etc.,there needs to be quite a few units. Councilwoman Alger asked i f the number of units could be cut in half. Mr.Harambasic answered that he would have a problem cutting the number of spaces,and pointed out that the sep- tic tanks are scattered out and would be dry for six months of the year. Mayor Damiano asked how many RVs are hooked up to one septic tank. Mr.Harambasic replied that probably ten could be hooked up to one tank,and that the alternative is a sewage treat- ment plant. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 8 There being no one else wishing to speak,Mayor Damiano closed the hearing to the public. Councilwoman Alger stated that there are a lot of trailer parks and spaces in town,understanding that Mr.Harambasic doesn't want to keep paying taxes on empty land,but adding another 400 units with septic tanks into the ground are going to add to the problem . Councilwoman Alger further stated that the petitions are a problem,105 signatures of people opposed to the deve- lopment,and 169 signatures on Mr.Harambasic's petitions but only 29 of those people live in the Palm Springs area.Councilwoman Alger added that the Council should listen to what the people effected have to say. Councilwoman Alger commented that we should get more involved with the Vision Program for the City and decide what the community wants to become in the future. Mayor Damiano pointed out that there are four mobile home parks to the west of this property,trailers in the northeast corner,and trailers on Tomahawk,so what else is Mr.Harambasic sup- posed to do with his property -eat it?Mayor Damiano agreed that there are a lot of RV parks in Apache Junction,but there weren't very many homes built in the last year,so what's a person to do? Councilwoman Alger asked the appli- cant why he wouldn't want to put in single family residences - why aren't deve- lopers building homes in this community? Mr.Stachar replied that it's because of the land cost and what the average resident of Apache Junction can afford. it's because mobile homes are cheaper,then. to get financing on a mobile home. Councilwoman Alger commented that Mr.Stachar stated that it's easier Councilwoman Alger reiterated that i t is land cost,and no buyers market that is causing the lack of home building, and asked i f there were less mobile homes wouldn't more homes be built. Mr.Stachar disagreed,and added that Mr.Harambasic is willing to negotiate on the number of spaces and septic tanks versus a sewage treatment plant. Mayor Damiano asked i f the Council had any objection to reopening the public hearing,as there is a gentleman wishing to speak. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 9 PUBLIC HEARING BE REOPENED. Vice Mayor Eidson MOVED THAT THE Councilman Cox seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Coleman,Vice Mayor Eidson, Councilwoman Barker,Councilwoman Alger,Mayor Damiano Opposed:Councilman Perkins The motion carried. Mr.Bill Wilson,671 E.Quail, Apache Junction,property owner at 5th Avenue and Royal Palm,stated that he would rather see an RV Park than apartment building,and that there will be sep- tic tanks no matter what is developed on the property. hearing. Mayor Damiano closed the public Councilman Perkins MOVED THAT RESOLUTION NO.91-14,APPROVING GENERAL PLAN AMENDMENT GPA-91W-03,A PRIVATELY -INITIATED PROPOSAL TO REDESIGNATE FORTY ACRES SITUATED ON THE EAST SIDE OF ROYAL PALM ROAD 660 FEET SOUTH OF SOUTHERN AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO RECREATIONAL VEHICLE PARK,BE DENIED. Councilman Coleman seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Perkins,Councilman Coleman, Councilwoman Barker,Councilwoman Alger Opposed:Vice Mayor Eidson,Mayor Damiano The motion carried. Mayor Damiano recessed the meeting at 8:45 p.m. Mayor Damiano reconvened the meeting at 9:00 p.m. PROPOSED ORDINANCE NO.790,PZ-4-91, AMENDMENT TO ZONING ORDINANCE TO ALLOW PRE-EXISTING ACCESSORY BUILDINGS WITHOUT A MAIN BUILDING )Mr.Nakagwa explained that this ordinance amends the Zoning Ordinance to allow pre-existing accessory buildings without a main building and to allow them in the buidable area of the main building,and stated that the Planning and Zoning Commission recommends denial of the amendment,but that staff recommends approval providing that certain con- ditions are met. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 10 Mayor Damiano asked i f there was anyone who wishes to speak on this item. Mr.Tony Vehon,230 W.Tepee Street, Apache Junction,stated that while on the Council,he had proposed that this amendment be made because the Council was beginning to see more situations where property was being split leaving a perfectly good building to be torn down because there was not a main structure with it.Mr.Vehon requested that this ordinance be approved. There being no one else wishing to speak,Mayor Damiano closed the hearing to the public. Councilman Coleman asked Mr.Vehon if anyone was ever required to tear down a sound structure because of this regulation. Mr.Vehon answered that there was a case or two where the applicant withdrew the application because of this,and there was at least one occasion where the applicant was allowed to keep the building with a stipulation that a main structure be added within 180 days. Mr.Vehon stated that this would be a better avenue,and i f the building isn't in good shape it will probably have to be torn down anyway. Councilwoman Barker MOVED THAT ORDINANCE NO.790,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.790,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING SECTION 6.0116 OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY ALLOWING PRE-EXISTING ACCESSORY BUILDINGS WITHOUT A MAIN BUILDING AND ALLOWING ACCESSORY BUILDINGS IN THE BUILDABLE AREA WHERE THE MAIN BUILDING IS PERMITTED;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.790,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 11 Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.795,PZ-5-91, DELETION OF PROHIBITION OF SWINE FROM THE ZONING ORDINANCE )Mr.Nakagawa explained that this Zoning Ordinance amendment would delete the prohibition of swine in the zoning districts,and that this deletion was requested by the City Council,and also requested that regulations be added to the City Code so that pot-bellied pigs would be allowable in the City.Mr.Nakagawa stated that the Planning and Zoning Commission recommended denial of the zoning amendment,but that staff is in favor of the deletion so that the control of these animals can be solely vested in Chapter 6 of the City Code. Mayor Damiano asked i f this passes but the next item doesn't pass,what will happen. Mr.Nakagawa explained that Chapter 6 of the City Code still prohibits pigs,so i f the next amendment doesn't pass, there will remain a prohibition on pigs. Councilwoman Alger clarified that the prohibition is listed twice:in the Zoning Ordinance and in the City Code, so i f one is deleted,there will still remain one prohibition. Mayor Damiano asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance. Rev.Glen Stout,1486 S.Lawther Drive,Apache Junction,spoke in opposition to deleting the prohibition from the Zoning Ordinance. Ms Nancy Robertson,722 E.Quail, Apache Junction,read a letter from a doctor of Veterinary Medicine from Washington,endorsing the pot-bellied pig as a pet.Ms Robertson further requested that this ordinance be approved,and to be able to keep up to three pot-bellied pigs within the City limits as pets. Mr.Ronald Staples,734 E.Quail, Apache Junction,neighbor of Nancy and Dan Robertson,spoke in favor of pot- bellied pigs being allowed in the City as pets. Mr.Bill Wilson,671 E.Quail, Apache Junction,neighbor of Dan Robertson,spoke in favor of the pot-bellied pig being allowed as pets. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 12 Ms Eileen Mistle,8111 E.Iran, Mesa,owner of a pot-bellied pig,addressed the Council in favor of the ordi- nance and City Code amendment. Mr.Stout asked how much a pot- bellied pig cost,and asked who would want to throw their children away and keep a pig. Ms Mistle stated that she would not throw her kids away,but they can have clean pets with a pot-bellied pig,and Mr.Stout should keep an open mind. There being no one else wishing to speak,Mayor Damiano closed the hearing to the public. Councilman Coleman asked what the benefit is of deleting the word "swine"from the Zoning Ordinance,i f the amend- ment is to be made to the City Code. City Attorney David Alexander explained that there are two prohibitions,so it will require two changes in order to allow the pigs,so i f the prohibition is kept in the Zoning Ordinance a stipulation allowing registered Vietnamese Pot -Bellied Pigs would have to be placed in the Zoning Ordinance and also in the City Code with regulations. hibition is still in the City Code. Councilman Perkins asked i f the pro- Mr.Alexander replied that i t is. Councilwoman Barker pointed out that these two ordinances are "piggy -back",and suggested discussing both items at once. Mr.Alexander stated that the Council could make a motion to "suspend the rules"and discuss both together, although the Council has already discussed both in a sense. Councilwoman Barker asked i f there wouldn't be a problem i f the prohibition is not taken out of the Zoning Ordinance,so in other words,she is going to have to decide how she will vote on the next ordinance in order to determine how to vote on this ordinance. Councilwoman Alger further explained that the decision to be made with this ordinance is,in which Code does the Council wish the prohibition to remain. Councilman Coleman pointed out that i t could remain in both with stipulations. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 13 Councilwoman Barker asked i f Councilwoman Alger is advocating passing this ordinance,and debate on the next ordinance. Councilwoman Alger confirmed this. Councilwoman Barker asked i f this ordinance really isn't dealing with pot-bellied pigs at all,why are all these people speaking on them. are also confused. Councilwoman Alger replied that they City Clerk Kathleen Connelly asked i f the Council wished to keep the prohibition with stipulations,would there be a need for readvertisement? Councilwoman Alger MOVED THAT ORDINANCE NO.795 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Barker seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.795,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING SECTION 15.1.0103 OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY DELETING THE PROHIBITION ON SWINE FROM THE ZONING ORDINANCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.795,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. fication on the ordinance. purpose of this ordinance. Councilman Perkins seconded the Councilwoman Alger asked for clan- Mr.AlexanderAlexander further explained the VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Perkins, Councilman Coleman,Vice Mayor Eidson,Mayor Damiano REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 14 Opposed:Councilman Cox The motion carried. Mayor Damiano asked for an answer to Mr.Stout's question,on how much the pigs cost. Ms Robertson replied that they start at about $500. PROPOSED ORDINANCE NO.792,AMENDING CITY CODE CHAPTER 6 ANIMALS,SECTION 6-1-4 SWINE PROHIBITED,AND ADDING A NEW ARTICLE 6-8 POT-BELLIED PIGS,ESTABLISHING REQUIREMENTS AND REGULATIONS FOR THE KEEPING OF POT-BELLIED PIGS WITHIN CITY LIMITS )Ms Connelly explained that this ordinance amends the City Code,adding a section allowing registered miniature Vietnamese pot-bellied pigs or other similar registered purebred miniature pigs, and establishing requirements and regulations for the keeping of the pigs within the City.Ms Connelly further explained that these regulations include,a weight limit of 100 lbs.;mandatory licensing;noise restrictions;authority of the Animal Control Officer to impound;prohibition on the pigs running at large; how the City would deal with the situation of a pig biting someone;authority to impose impoundment fees;establishing owner responsibility and liability;and also keeping the pigs to comply with sanitary regulations.Ms Connelly stated that not included is the requirement for a rabies vaccination as she could not find where a rabies vaccination would serve any purpose,and also not included was the capability to have a kennel permit for more than three pigs.Ms Connelly further stated that the ordinance does prohibit breeding or retail sales of the pigs. vaccination in not required. Mayor Damiano asked why the rabies Ms Connelly replied that after speaking with a number of veterinarians,none have said that the pigs should have the shots,and that there is not enough information on the subject. Mayor Damiano asked i f there was anyone wishing to speak on the item.There being no one wishing to address the Council,Mayor Damiano closed the hearing to the public. Councilman Coleman stated that he has investigated both sides of the issue,and people have told him that if pigs are allowed Apache Junction will look like a "hick"town,and other people have told him that i f pigs are not allowed Apache Junction will look like a "hick" town,and yet other people have said that because this is a big issue Apache Junction is a "hick"town,so whether or not Apache Junction is a "hick"town REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 15 has nothing to do with pot-bellied pigs.Councilman Coleman further stated that the previous Council,with the exception of Councilwoman Barker who was not pre- sent at the previous meeting,had given direction to staff to draft the ordi- nance allowing pot-bellied pigs,and as a new councilmember he would like to follow this recommendation. Vice Mayor Eidson asked what kind of precedent will be set by allowing pot-bellied pigs in the City - will this possibly allow miniature horses,chickens,etc.in the future. Councilwoman Alger pointed out that the only animals prohibited in the City Code are swine. Councilwoman Barker stated that she has read a lot of material and has done a lot of research on the subject,and that some people who have pot-bellied pigs in the community are breeding and selling them,which this ordinance does not allow,and asked where can these pigs be bred. Ms Connelly replied that they would have to go through the licensing process and obtain zoning clearance. Mr.Nakagawa stated that he suspected it would fall under the small animal,veterinary type of use. Ms Connelly commented that it would be the same as someone wishing to breed schnauzers. Councilwoman Barker asked how this would be regulated,as there are many people breeding small animals currently who don't have a license or zoning clearance.Councilwoman Barker added that this may be putting one more ordinance on the books that can't be regulated. Ms Connelly replied that i f someone is advertising in the newspaper,they can be contacted for licensing. Councilwoman Barker pointed out that a single litter of pigs could be worth a large amount of money. Lieutenant Dan Scott stated that someone would have to report them,but that Animal Control would not search them out,especially since the pigs are quiet,there would be no way of knowing without seeing advertisements or getting complaints. Mayor Damiano commented that there are numerous ordinances now that are difficult to enforce,as police officers can't stand at every corner. Ms Connelly stated that the alter- native would be to pass it without this,and then there would be conflicts with the Zoning Ordinance. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 16 Councilwoman Alger commented that i t only appears to be unenforceable,but i t is in fact enforceable,and that it at least allows for action to be taken. Councilwoman Barker pointed out that the Department of Health Services in California recommends that no pot-bellied pig should be considered a pet unless i t is spayed or neutered,which would answer the problem of breeding. Councilman Perkins pointed out that three of any species of animals are allowed on an acre until they are six months of age. Councilwoman Alger stated that this is only true in that zoning district. Councilman Cox stated that the only people that called him on this issue are those opposed to the pigs being allowed,so he has to support those people who elected him. Councilwoman Barker commented that no one has called her that are against the pigs. Councilwoman Alger stated that the City Code change is not allowing for litters. Councilwoman Barker stated that i f breeding is prohibited,there shouldn't be litters. Councilwoman Alger pointed out that "commercial"breeding isn't allowed,but there may be a sow that has a litter. Councilwoman Alger stated that i f i f kennel permits are allowed for three or more dogs. Ms Connelly stated that there is no allowance for a kennel permit for the pigs. Councilwoman Alger suggested having a provision for allowing a litter of pigs to be kept until four months of age. Ms Connelly stated that this may be indirectly allowing breeding. Councilwoman Alger pointed out that it's allowed for other species. Ms Connelly read Section 6-1-6(b) which allows kennel permits after three dogs,so is the suggestion that kennel permits be allowed for pigs. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 17 Councilwoman Alger argued that i t doesn't allow for a kennel permit,simply allows an occasional litter to be be weaned. Ms Connelly asked i f in addition to three pigs,someone could have three litters,as long as they don't exceed four months of age. Mayor Damiano stated that this ordi- nance deals with pot-bellied pigs,not dogs,so why are regulations for dogs being discussed. Councilwoman Alger stated that everything in this ordinance is the same as the dog ordinance,with a few spe- ciality items for the pigs,and in order to make i t equitable,litters should be allowed with pigs just as they are for dogs. Ms Connelly stated that i f someone had three dogs,all with litters,she would consider that a business and not an accident. Ms Connelly pointed out that anyone keeping 10 -15 dogs at one time would be considered in business. Councilwoman Alger stated that the dog ordinance needs to be changed also in order to be equitable. Councilman Cox asked i f there are three pregnant pigs at one time - where's the male pig. Vice Mayor Eidson stated that he can live with pot-bellied pigs as pets,but can't vote for a neighbor having possibly 20 pigs even for a period of four months. Councilwoman Barker pointed out that the ordinance plainly does not allow selling piglets,so why would anyone want a pregnant pig i f they can't sell them especially since they are worth from $500 to $5,000. Councilwoman Alger asked if a dog owner sells a litter of puppies,would that be considered a business. Ms Connelly replied that i f the owner is advertising the puppies for sale,it would have to be considered a business. Mayor Damiano stated that i f the dog ordinance needs to be changed then i t can be done,but not tonight. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 18 Ms Connelly stated that if a sow is having a litter -it wasn't accidental -someone intended to have a litter and sell the litter,and commercial breeding is prohibited. Councilman Perkins stated that this ordinance allows the pigs as pets,but does not allow pigs bred and given away in order to control how many pigs there are per household.Councilman Perkins added that i f someone has their pig bred,they do so knowing full well they are violating the ordinance. Councilwoman Alger stated that this is fine as long as everyone out there understands that. Councilwoman Alger MOVED THAT ORDINANCE NO.792 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Perkins seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.792,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 6 ANIMALS,SECTION 6-1-4,SWINE PROHIBITED AND ADDING A NEW ARTICLE 6-3 POT-BELLIED PIGS,ESTABLISHING REQUIREMENTS AND REGULATIONS FOR THE KEEPING OF POT -BELLIES PIGS WITH THE CITY LIMITS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.792,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED AMENDING THE TITLE TO READ "ARTICLE 6-8H. Councilman Perkins seconded the motion. VOTE:In Favor:Councilman Perkins,Councilman Coleman,Vice Mayor Eidson, Councilwoman Alger,Mayor Damiano Opposed:Councilman Cox,Councilwoman Barker The motion carried. Mayor Damiano recessed the meeting at 10:22 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 19 Mayor Damiano reconvened the meeting at 10:31 p.m. Mr.Alexander requested that Ordinance No.792 be reconsidered,as there is a problem. Councilwoman Alger protested that the ordinance is to be reconsidered after the public has left. Mr.Alexander stated that they left with the impression that only three pigs will be allowed,and a housekeeping rule is necessary to make sure that is true.Mr.Alexander further stated that 6-1-6 talks about a kennel permit for three animals of the same species over four months of age,and the type of animal is not specified,so i t is necessary to add to Section 6-8-9 the sentence "pot-bellied pigs shall not be entitled to a kennel permit". Ms Connelly suggested adding "that the provisions of Section 6-1-6 shall not apply". Councilwoman Alger stated that i f this is to be reconsidered,litters should be allowed until they are four months of age. Mr.Alexander suggested that i t can be reconsidered tonight or at the next meeting. Councilman Coleman commented that this shouldn't be put off when the public left feeling that this had been approved. Councilman Perkins stated that he doesn't mind pigs being kept as pets,but not to be bred,and this needs to be clear in the ordinance. Councilman Perkins MOVED THAT ORDINANCE NO.792 BE RECONSIDERED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Councilman Perkins MOVED THAT ORDINANCE NO.792,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT THE FOLLOWING SENTENCE "PROVISIONS OF SECTION 6-1-6 PROVIDING FOR ANIMAL KENNEL PERMITS SHALL NOT APPLY TO ARTICLE 6-8,POT-BELLIED PIGS",AND THAT SHALL REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 20 BE PLACED IN SECTION 6-8-10 COMMERCIAL BREEDING PROHIBITED,AND THAT THE TITLE READ ARTICLE 6-8. Councilman Coleman seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.796,PZ-7-91, AMENDMENT TO THE ZONING ORDINANCE TO PERMIT ITINERANT VENDORS/CART VENDORS TO OPERATE IN CERTAIN ZONES )Mr.Nakagawa explained that this is a city -initiated amendment to the Zoning Ordinance to allow itinerant or cart vendors in some of the commericial or industrial zones,and that research has been done as to how other cities allow the use.Mr.Nakagawa stated that other cities allow the vendors on sidewalks which brought up the zoning issues,and further stated that Planning and Zoning Commission and staff both recommend approval of the ordinance stipulating that the conditions be handled through the City Code. Mr.Nakagawa added that staff asks the Council to consider different areas such as hours of operation,the number of vendors per area,carefully as these could pose problems. Mayor Damiano asked i f there was anyone who wished to speak on the item. Ms Elaine Chambers,421 Hondo Avenue, Apache Junction,asked where CB -2,C-3 and TR zones are in Apache Junction. Mr.Nakagawa replied that CB -2 is commonly along Apache Trail,City Hall Complex is one of the few zoned TR,and there are a few C-3 zones. Ms Chambers outlined suggestions for the ordinance to amend the City Code,and spoke in favor of allowing the cart vendors to operate. Councilwoman Barker asked Ms Chambers i f the intent of her comments was that more than one vendor should not be allowed in one location. Ms Chambers explained that she meant that a vendor should not be licensed to operate more than one cart. Ms Connelly stated that the only restriction brought up by the Planning and Zoning Commission which she did not REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 21 include was parking,as she felt it would be incidental to the permanent busi- ness at that location,and also that the definition suggested to the Planning and Zoning Commission is inconsistent,as a temporary contrivance could mean many things,so this was left out of her ordinance. Mayor Damiano asked why a cart ven- dor has to be 600 feet from a school,and why the restriction on hours of operation. Councilwoman Alger commented that additional hours could apply to a special event. Councilman Coleman stated that where schools are concerned,a cart vendor would be in competition with the school lunch program,and that Apache Junction has a closed campus policy. Mr.Nakagawa stated that Planning staff has no objection to deleting the words "stand or temporary contrivance" from the ordinance. Mayor Damiano asked what the Council thinks of Ms Chambers suggestions. Councilwoman Barker replied that they are very similar to the way the ordinance is written,and asked i f the owners permission is being required. Ms Connelly replied that in the next ordinance which amends the City Code,both the property owner and the business owner would give their permission. Councilwoman Alger pointed out that the Council is again talking about both ordinances,and this one should be dealt with first. Councilwoman Alger asked why all three zones are needed for this change,as the Zoning Ordinance was changed to be cumulative. Mr.Nakagawa replied that i t is not totally cumulative,as this order of uses was never established,but certain districts are cumulative. Councilwoman Alger asked i f the iti- nerant vendor/transient merchants should be changed also to be consistent with the Code amendment. Ms Connelly replied that they are referred to as cart vendors in the Code amendment,as the other is too similar to peddlers and she thought was also unflattering. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 22 Councilwoman Alger pointed out that the definition may cause interpretation differences. Mr.Nakagawa explained that the reason the term itinerant/transient merchants was used was because the City of Phoenix's ordinance deals with people using other things such as ice cream trucks. Councilwoman Alger stated that i f the intent is not to allow ice cream trucks,catering trucks,etc...then the those words should be deleted. Ms Connelly agreed that i f these words are left in,a catering truck would receive this type of license and not a peddlers license. Councilwoman Alger asked i f this was the intent -to allow vehicles. Councilwoman Barker stated that the original intent was to allow "carts",not trucks pulling in to sell merchandise or food. Councilwoman Alger agreed that the words "itinerant vendor/transient merchants"and "vehicle"should be removed. Vice Mayor Eidson MOVED THAT ORDINANCE NO.796,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Barker seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.796,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING PROVISIONS OF THE TRANSITIONAL (TR)ZONE,GENERAL BUSINESS (CB -2)ZONE AND THE GENERAL COMMERCIAL (C-3)DISTRICT OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,TO PERMIT ITINERANT VENDORS/TRANSIENT MERCHANTS (CART VENDORS)IN THOSE DISTRICTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.796,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 23 THAT ALL OCCURANCES OF THE WORDS "ITINERNANT VENDORS/TRANSIENT MERCHANTS"BE DELETED ALONG WITH ANY REFERENCE TO A "STAND OR CONTRIVANCE"WHICH WILL LEAVE THE DEFINITION AS "CART VENDORS:PERSONS WHO ENGAGE IN THE TEMPORARY SELLING OR DISPLAYING OF FOOD AND BEVERAGES UTILIZING A CART,"ALSO DELETE ALL REFERENCES TO "VEHICLE". Councilwoman Barker seconded the motion. Vice Mayor Eidson amended the motion THAT UNDER SECTION I IN GENERAL,ADD A SUBSECTION B TO READ THAT "VENDORS WILL BE ALLOWED TO SELL FOOD AND BEVERAGES AT GOVERNMENT COMPLEXES". Vice Mayor Eidson offered as a reason being that the County Complex,Library,and the Park are under General Rural. Mr.Alexander stated that there is no such zoning classification as "Government Complex". Mr.Nakagawa also stated that i t would have to be placed under Article 3 or 6. Mr.Alexander explained that this would have to be fit in the Zoning Ordinance somewhere,and he isn't sure where it would be. Mr.Nakagawa pointed out that government complexes are in various zoning districts,so the use would have to be specified in one of the Articles of the Zoning Ordinance. Councilwoman Alger asked i f i t could be handled in any other Ordinance other than the Zoning Ordinance. Mr.Alexander replied that i t has to be a permitted use,and that the County Complex is not subject to City zoning regulations. Vice Mayor Eidson stated that Reggie is still going to have to get County permission to sell at their Complex. Councilwoman Barker pointed out that he can sell at the County Complex anyway,and at the City Complex because i t is TR. Vice Mayor Eidson stated that the County Manager may not give permission as he did before. Councilwoman Alger stated that i t would be cleaner for the City to allow cart vendors on government complexes regardless of the zoning,if we knew where to put it,rather than in GR zones. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 24 Mr.Alexander stated that the problem is where to put it. Councilwoman Barker stated that she would not want i t carte blanche,GR. Councilman Perkins pointed out that i f the City gave permission to sell on the Complex,couldn't the County workers walk across the street. Ms Connelly stated that the County has indicated that they would defer to the City as far as zoning requirements go. Vice Mayor Eidson commented that Circle K may not want them selling at the City Complex either,because of the close proximity. Mayor Damiano seconded the amendment. VOTE (on the amendment):In Favor:Vice Mayor Eidson,Mayor Damiano Opposed:Councilwoman Alger,Councilman Cox, Councilman Perkins,Councilman Coleman, Councilwoman Barker The amendment failed. VOTE (on the original motion):Unanimous The motion carried. PROPOSED ORDINANCE NO.793,AMENDING CITY CODE,CHAPTER 8 BUSINESS BY ADDING A NEW ARTICLE 8-10 CART VENDORS )Ms Connelly explained that this ordinance is tied directly to the previous ordinance,and will allow cart ven- dors to operate with regulations to include,obtaining a business license; paying sales taxes;separate locations.Ms Connelly also explained that the ordinance includes limitations and stipulations to include,that the vendor be permitted to operate only in commercially zoned property;not be authorized to operate on vacant lots;that there be an open,operating,permanent business operating at the location;hours of operations;that the vendor obtain the per- mission of the property owner and business owner. Vice Mayor Eidson pointed out that the property owner may be difficult to contact,which would cause a hardship for the vendor. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 25 Councilwoman Alger asked if a shopping center such as ABCO,the property owner has the liability,but the business owner may not agree to having the vendor in the shopping center,so permission of both should be considered. Ms Connelly stated that most pro- perty owners would want to know who is operating on their property,and the business owner may not want the property owner authorizing something that may be a hinderance to their business. Councilwoman Alger asked i f the City could be responsible i f the property owners permission is not obtained. Mayor Damiano pointed out that in a shopping center,wouldn't all of the business owners have to give permission. Mr.Reggie Wilson informed the Council that no cart is allowed to operate without PL and PP insurance,which protects the City and the commercial property,and added that he has been invited to the new County Complex,however,the County specifies that the City has to issue a city license to operate at that location. Mr.Wilson asked i f he has to have a Special Event permit to sell at the July 4th festival. Ms Chambers answered that he could under the Arizona Action as a nonprofit organization. Ms Connelly commented that this is correct,that it was approved by Parks and Recreation Director Jeff Bell,as long as a portion goes to a charitable organization. Councilman Perkins asked how the City can require insurance i f the vendor is selling on private property. Ms Connelly replied that she is not recommending it. Councilwoman Alger stated that pro- perty owner permission should be left in. Ms Connelly explained that each ven- dor cannot be limited as to number of carts as it may be considered "restriction of trade",however,there is a restriction to vendors being within 300 feet of one another. Vice Mayor Eidson voiced objection to the 300 foot restriction,as this is a long distance. Councilman Perkins commented that the restrictions for permission and distance are both getting very strict. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 26 Ms Connelly suggested requiring permission of both the property owner and sponsoring business owner,but not every business owner within a plaza would have to given permission. Councilwoman Alger stated that the number of vendors within a shopping center should be regulated. Councilwoman Barker pointed out that the property and business owners would probably regulate this themselves. Councilwoman Alger disagreed,as they could make more money renting to more then one vendor. Councilman Cox commented that the law of supply and demand will regulate this. Councilwoman Alger asked i f the Council wishes to have ten vendors in one shopping plaza. Vice Mayor Eidson stated that he didn't care,as long as they get a license,pay taxes,and get permission. Mayor Damiano and Councilman Cox agreed. Councilwoman Alger commented that this could create a bad image. Mayor Damiano commented that there is only one man selling hot dogs. Ms Connelly stated that there have been numerous inquiries. Mayor Damiano stated that the requirements are going to eliminate a lot of them. "or another cart vendor"to Item F. Councilman Coleman suggested adding Mayor Damiano asked John Koza of Lucky Bob's Liquor Store i f he sells hot dogs. Mr.Koza replied that he does,and pointed out that the shopping centers have dispensing machines,and the vendors aren't going to want to compete with that -they will be mostly in complexes. Mr.Koza suggested limiting the number of vendors allowed to be licensed. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 27 Mr.Alexander stated that i f i t is a permitted use in the Zoning Ordinance,the number shouldn't be limited,and the responsibility is being given to the property owner. Councilwoman Barker stated that Councilman Coleman's suggestion would keep the numbers down. Councilwoman Alger stated that these regulations are easier to meet then most cities'regulations. Councilman Perkins pointed out that the City owes an obligation to those permanent businesses in existence. Councilwoman Alger requested that a stipulation be put in the ordinance restricting vendors from 600 feet from schools. Ms Connelly explained that Subsection G restricts the size of cart to 16 square feet total,as too large would obstruct fire lanes and such. Vice Mayor Eidson stated that that isn't very large. Councilwoman Alger pointed out that this is the size of Uncle Reggie's cart. Ms Connelly also explained that the ordinance states that the cart vendor would be responsible for litter pickup; that the cart be removed when the permanent business is not open;that i t is movable;requires a health certificate;and repeats the standard business license requirements. Councilwoman Alger requested that 16 square feet total,non -motorized carts,and that the cart be approved by the County Health Department,be included in the ordinance. Mayor Damiano asked i f there was anyone who wished to speak on the item. Mr.John Koza,owner of Lucky Bob's Liquor Store,stated that most business owners would have to have permission of the property owner first anyway prior to allowing a vendor on the property. Ms Chambers stated that if a busi- ness wants a vendor and so does the next door business,who gets to have a vendor. Councilman Perkins commented that i t would be whoever applies for a license first,and i f both apply at the same time, neither one would be allowed to sell. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 28 Councilwoman Alger stated that 150 feet apart should be sufficient. Mr.Koza pointed out that as a busi- ness owner,he would not want a cart vendor in front of his business i f the business sells the same thing. Councilman Perkins stated that until the City gets sidewalks to where the vendors can be regulated by the City,the reponsibility is basically on the private property owner to regulate. There being no one else wishing to speak,Mayor Damiano closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.793 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Barker seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.793,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS BY ADDING A NEW ARTICLE 8-10 CART VENDORS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.793,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: IN SECTION 8-10-1 THE WORDS "VEHICLE OR"BE OMITTED,UTILIZING A CART SHOULD BE THE WAY IT ENDS;SECTION 8-10-5(D)"THAT THE CART VENDOR SECURE THE PERMISSION OF THE PROPERTY OWNER AND THE SPONSORING BUSINESS OWNER";SECTION 8-10-5(F) "THAT NO CART VENDOR SHALL OPERATE WITHIN 300 FEET OF A LIKE BUSINESS SELLING THE SAME ITEMS AND IN THE SAME FORM OR ANOTHER CART VENDOR";(G)"THAT THE SPACE OCCUPIED BY THE TEMPORARY CART",DELETE THE WORDS "OR VEHICLE";"THAT THE CART NOT EXCEED 16 SQUARE FEET TOTAL,THE CART BE NON -MOTORIZED AND BE APPROVED BY THE COUNTY HEALTH DEPARTMENT";(I)DELETE "OR VEHICLE"IN THAT SENTENCE;ADD SUBSECTION (J)TO READ "CART VENDOR SHALL BE LOCATED 600 FEET FROM ANY SCHOOLS", OR "A DISTANCE THAT AGREES WITH THE SCHOOL REGULATIONS". Councilwoman Barker seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 29 Vice Mayor Eidson stated that he favors having the carts in the community,but does not favor all of these restrictions being put on the vendors. Mayor Damiano agreed with Vice Mayor Eidson. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Perkins, Councilman Coleman Opposed:Councilman Cox,Vice Mayor Eidson,Mayor Damiano The motion carried. APPLICATION FOR A SERIES 10 LIQUOR LICENSE,LUCKY BOB'S I I MINI -MART applicant. be a mini -mart,and requested approval. gas. ) )Mayor Damiano called on the Mr.John Koza stated that this will Mayor Damiano asked i f he would sell Mr.Koza replied that he would not. Mayor Damiano asked i f there was anyone who wished to speak on this item.There being no one wishing to speak, Mayor Damiano closed the hearing to the public. Councilwoman Barker MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE SUBMITTED BY MR.JOHN KOZA FOR LUCKY BOB'S I I MINI MART,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE,VETERAN'S OF FOREIGN WARS, JULY 4,1991 ) )Ms Connelly explained that the VFW had applied for a Special Event Liquor License to be held on July 4th after the REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 30 deadline for the Council packet,and due to this,the Fire Department has notified staff today that there are Fire Code violations that have not been corrected.Ms Connelly suggested,as per the Fire District request,that the Council approve the License with the stipulation that the VFW take care of the fire safety violation,specifically illegal doors that the Fire District has been attempting to get them to take care of for nine months,prior to releasing the letter of recommendation. Vice Mayor Eidson asked what the violation is. Ms Connelly replied that she wasn't sure. Mayor Damiano stated that the Council Chambers are in violation. Councilman Perkins disagreed and stated that the Chambers aren't in violation because of the panic bar,and VFW's violation could be something allowing people to get out in a hurry in case of a fire. Mr.Alexander agreed with Ms Connelly's and the Fire Department's recommendation. stipulation is important for one day. Vice Mayor Eidson asked why this Ms Connelly replied that the City requests a professional opinion of the Fire Department in the case of all Liquor Licenses,and that is what they have given us,and that the Fire Department will make an inspection first thing tomorrow after which Mr.Diehl,the applicant, will personally take this to the State. Councilman Perkins MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY MR.GEORGE T.DIEHL, SR.,FOR VFW,SUPERSTITION MOUNTAIN POST 9399,BE RECOMMENDED FOR APPROVAL BUT THAT THE LETTER GIVING THIS RECOMMENDATION NOT BE ISSUED UNTIL THE DOORS POSING A SAFETY HAZARD AND VIOLATING FIRE CODES,ARE REMOVED. Councilman Coleman seconded the motion. Vice Mayor Eidson asked that the Fire Department give more details in the future as to what the violation is. Ms Connelly stated that ordinarily they would,but this individual was accommodated outside of the normal proce- dures,so as a result,everything was not done as preferred. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 31 VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENT OF CITY COUNCIL LIAISONS IN ACCORDANCE WITH CITY CODE SECTION 2-18-2. Mayor Damiano made appointments of Council liaisons as follows: BOARDS,COMMISSIONS,OTHER AGENCIES: PLANNING AND ZONING COMMISSION -Councilman Perkins PARKS AND RECREATION COMMISSION -Councilwoman Barker LIBRARY BOARD -Mayor Damiano ECONOMIC DEVELOPMENT COMMISSION -Councilman Cox BOARD OF ADJUSTMENTS -Councilwoman Alger DEVELOPMENT COORDINATING COMMITTEE -Vice Mayor Eidson TRANSPORTATION BOARD -Councilwoman Barker COMMUNITY RELATIONS COMMISSION -Councilman Coleman CHAMBER OF COMMERCE -Mayor Damiano SUBSTANCE ABUSE TASK FORCE -Councilman Coleman APACHE JUNCTION UNIFIED SCHOOL DISTRICT -Councilman Coleman PINAL AND MARICOPA COUNTY PLANNING/ZONING COMMISSIONS -Councilwoman Alger PINAL AND MARICOPA COUNTY BOARDS OF SUPERVISORS -Vice Mayor Eidson APACHE JUNCTION FIRE DISTRICT - Councilman Cox HEALTH AND HUMAN SERVICES COMMISSION -Councilwoman Barker CITY DEPARTMENTS: CITY MANAGER -Mayor Damiano CITY CLERK -Mayor Damiano PARKS AND RECREATION -Councilwoman Barker PUBLIC SAFETY -Vice Mayor Eidson LIBRARY -Councilman Coleman MAGISTRATE COURT -Vice Mayor Eidson PUBLIC WORKS -Councilwoman Alger FINANCE -Councilman Cox ENGINEERING -Councilwoman Alger DEVELOPMENT SERVICES -Councilman Perkins REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 32 Councilwoman Alger MOVED THAT THE COUNCIL LIAISONS AS MADE BY MAYOR DAMIANO BE RATIFIED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: None. SELECTION OF MEETINGS DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,SPECIAL MEETING AND WORK SESSION,JULY 15,1991 EXECUTIVE SESSION,WORK SESSION, JULY 16,1991 ) )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION,SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION,AND WORK SESSION BE HELD ON MONDAY,JULY 15,1991,AT 6:00 P.M.AND 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON JULY 16, 1991,IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. City Manager Michael R.Lee com- mented that the date for the Council Retreat may need to be rescheduled. Council be kept informed. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS None. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 33 Mayor Damiano requested that the ADJOURNMENT )There being no further business to discuss,Mayor Damiano adjourned the meeting at 12:55 a.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Adoption of resolutions for 1992 Community Development Block Grant. Proposed Resolution No.91-27:Authorizing submission of applications for FY 1992 State Community Development Block Grant Funds and certifying that said applications meet the low and moderate benefit requirements of the CDBG program. Proposed Resolution No.91-28:Identifying FY 1992 Community Development and Housing Needs and Activities to be undertaken to meet such needs. Proposed Resolution No.91-29:Adopting a Residential Antidisplacement and Relocation Assistance Plan,as required under Section 104(d)of the Housing and Community Development Act of 1974 as amended. Proposed Resolution No.91-30:Committing local funds as leverage for the 1992 Community Development Block Grant application. 3.Appointment of members to Board of Adjustment,Economic Development Commission,and Construction Code Board of Appeals. APPROVED AND ADOPTED THIS 16TH DAY OF JULY AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JULY ATTEST: KATHLEEN CONNELLY City Clerk ,1991,BY THE MAYOR ,1991. THOMAS DAMIANO Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 34 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 2nd day of July,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of \74:4 1991. KATHLEEN CONNELLY Lazy werk REGULAR MEETING OF THE CITY COUNCIL JULY 2,1991 PAGE 35