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HomeMy WebLinkAbout1991-11-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 19,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 19,1991 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 Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilmen Absent:Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Senior Planner Jim Nakagawa Building and Safety Manager Lynn Underwood Al Langenderfer,1165 W.Shiprock,Apache Junction. Jimmy S.Eidson,944 W.3rd.Avenue,Apache Junction. ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 1 OF 13 Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS None. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano presented a Certificate of Award to Mr.Ray Salvatore from citizens in recognition of his contribution to fund raising events in Apache Junction. Mayor Damiano read a proclamation designating the month of December 1991 as "Food Bank Month"and presented the proclamation to the chairman of the Food Bank.He pointed out the City collected food donations from City Council members and staff. CALL TO THE PUBLIC Mr.Al Langenderfer,1165 W. Shiprock,complained about junk and trash at some properties.He stated such places make it difficult to encourage desirable development in those areas and that most residents are unaware of the city's ordinances that regulate property conditions.He requested the City to have a concise,one -page notice in the newspaper of all ordinances regarding what is not allowed in the city such as storage of travel trailers and RVs,unlicensed vehicles,inoperable vehicles and miscellaneous materials;what a warning to offenders would be; and where to report such properties. Jimmy Eidson,944 W.3rd Ave., Apache Junction,stated some of the small businesses in Apache Junction will be out of business within the next few months;the economy is such that they will not be able stay in business.He mentioned a committee would be making some recommendations to Council on revenue raising and that they should consider the present economy.He asked City Council and staff to not add any more restrictions that could be costly to citizens until the economy improves; but if it is a factor of safety,then restrictions should apply. CITY MANAGER'S REPORT City Manager Mike Lee reported the City has addressed some cut -backs in order to reduce expenditures.He briefed Council with individual reports from staff stating the reductions these departments have assumed;such as office supplies,equipment,and work force as well.He gave an update on the City's REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 2 OF 13 financial situation,as reported from the Finance Director,and stated the sales tax have not decreased so far as it was expected with the opening of the Superstition Freeway and the Wal-Mart store.He reported the City has collected some of its sales tax through the audit and that the estimated revenues for this year are on target. Mr.Lee also reported that ADOT,City Engineer,and Public Works Director met regarding improvements at Goldfield and US60 intersection;ADOT would provide some materials and design and the City would provide labor. Mr.Lee reported the Hazardous Waste Collection on November 16th had been a success and invited Public Works Director Rich Broman to brief Council on this event. Mr.Broman described the various items collected and stated sponsors of this event were the A.J.Fire District,Pinal County and Maricopa County,and the City of Apache Junction.He also listed individuals and groups who volunteered their help.He stated some people indicated they would be willing to pay a fee for the hazardous waste collection in the future. PUBLIC HEARINGS REQUEST BY TURF PARADISE RACE COURSE FOR CONSIDERATION FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY )Mayor Damiano indicated a letter from Turf Paradise Race Course was received asking Council to postpone their request. Councilwoman Barker MOVED THAT AGENDA ITEM NO.3 BE POSTPONED UNTIL A LATER DATE. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SERIES 6 LIQUOR LICENSE FOR JAKES '0'MINE LOUNGE )Mayor Damiano called upon applicant James Hazelbaker to speak on this item. Mr.Hazelbaker briefed Council on his business and application. Mayor Damiano opened the hearing for comments.There being no one wishing to speak,he closed the hearing and asked for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 3 OF 13 Councilman Coleman MOVED THAT THE APPLICATION FOR A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MR.JAMES HAZELBAKER FOR JAKES '0'MINE LOUNGE,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.811,AMENDING CHAPTER 5, VOLUME I I OF THE LAND DEVELOPMENT CODE PERTAINING TO FLOODPLAIN MANAGEMENT )Mayor Damiano called upon City Engineer to address this item. City Engineer Gordon Grandy stated there are some discrepancies in the floodplain ordinance between the definition of a mobile home and a recreational vehicle and this ordinance will specify the difference.He stated the difference is the portability of the recreational vehicle which is allowed in a floodplain area for that reason versus the mobile home that need to be anchored in the ground and for that reason is not allowed in a floodplain area. Mayor Damiano opened the hearing for comments.There being no one wishing to speak,he closed the hearing and asked for a motion. Councilwoman Barker MOVED THAT ORDINANCE NO.811 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 Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA;AMENDING VOLUME II OF THE APACHE JUNCTION CITY CODE,ENTITLED LAND DEVELOPMENT CODE,CHAPTER 5,PERTAINING TO FLOODPLAIN MANAGEMENT,REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.811,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 4 OF 13 MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.812,SPEED LIMIT ON IRONWOOD DRIVE City Engineer to speak on this item. requested this item to be postponed. Councilman Coleman SECONDED THE )Mayor Damiano called upon the City Engineer Gordon Grandy City Manager Mike Lee stated staff makes that request in order to allow the school district time to study the issue and submit their recommendation. Councilwoman Alger MOVED TO POSTPONE ORDINANCE NO.812 UNTIL DECEMBER 3,1991 TO ALLOW THE SCHOOL DISTRICT TIME TO STUDY THE ISSUE. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS ORDINANCE NO.813,AMENDING CITY CODE SECTION 8-10-5(D)LIMITATIONS AND CON- DITIONS OF LICENSE FOR CART VENDORS )Mayor Damiano called upon the City Clerk to speak on this item. City Clerk Kathleen Connelly stated this ordinance eliminates the stipulation that the cart vendor obtain both the property owner and business owner permission and it requires only the business owner permission.She stated should Council approve the ordinance it would not become effective until thirty days. Mayor Damiano opened the hearing to the public for comments.There being no one wishing to speak,he closed the hearing and asked for a motion. Councilman Coleman MOVED THAT ORDINANCE NO.813 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 5 OF 13 Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,SECTION 8-10-5 LIMITATIONS AND CONDITIONS ON LICENSE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.813,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.815,AMENDING CITY CODE SECTION 7-1-11 ENTITLED "MOBILE MANU- FACTURED HOME STANDARDS." Building Manager to speak on this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon the Building Manager Lynn Underwood stated this ordinance will prevent PRE -HUD mobile homes from being moved within the city limits;it will not prohibit PRE -HUD mobile homes from remaining where they are now.He stated currently they may be moved if they are within the city to a park in the city;this ordinance will prevent that move and will require that any PRE -HUD mobile home that is intended to be moved be moved to outside the city.He explained a PRE -HUD mobile home is one that was built before HUD requirements established certain minimum safety standards in mobile homes in 1976. Mayor Damiano opened the hearing to the public for comments;there being no one wishing to speak,he closed the hearing and asked for a motion. Councilwoman Alger MOVED THAT ORDINANCE NO.815 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 6 OF 13 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 7,BY DELETING SUBSECTION 7-1-11b,REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY." Councilwoman Alger MOVED THAT ORDINANCE NO.815,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano called the meeting to a recess at 8:03 p.m.The meeting resumed at 8:16 p.m. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DIRECTION TO STAFF ON ESTABLISHING REGULATIONS FOR YARD SALES SIGNS )Mayor Damiano stated he had addressed a memo to Council on the subject making some recommendations and asked Council for comments. Vice Mayor Eidson stated he did not agree with some of the recommendations and explained his reasons.He stated that City employees have been removing signs off of the right of way and private property as well,and only from two streets in particular.He stated he did not see any safety or liability factors involved in signs being on the right of way.He stated the City should not decide for the people when they can have a yard sale.He also stated city employees should not spend time removing yard sales. Councilwoman Alger asked Vice Mayor Eidson if he thinks the same way towards real estate signs. Vice Mayor Eidson replied he does not care if the signs do not represent a hazard. Councilwoman Alger asked Vice Mayor Eidson what he thinks about A -frame signs for businesses that are set up along the sidewalk or the roadside advertising the business. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 7 OF 13 Vice Mayor Eidson replied those signs pertain to the sign code and that is not what he would like to see changed. Councilwoman Alger stated all signs pertain to the sign code and they all are regulated;some are legal and some are illegal.She stated yard sale signs,the way they are handled now,are illegal;but if Council decide to enact the Mayor's recommendations,that would be the means for making yard sale signs legal.She explained if the City does not make yard sale signs legal,realtors and businesses would complain if their signs are not allowed. Vice Mayor Eidson stated citizens have the right to conduct yard sales and they should be allowed to do them any way they want. City Manager Mike Lee invited Ms. Audrey Rawson from the Operations Division to speak and he stated Ms.Rawson is the one assigned to remove the yard sale signs from the right of way. Ms.Rawson stated she does not only remove the signs at certain areas but citywide. Mr.Lee stated Operations had in storage the signs collected in a period of seven working days and indicated they all have addresses and these are from citywide areas. City Attorney Glenn Gimbut explained the law states the City is responsible for the maintenance of the right of way and that anything in the right of way that is potentially a hazard and if the City allows it to exist,the City is liable.He stated yard sales signs on the right of way represent a hazard and is up to the City Council to decide whether they want the City to take the risk of liability or not. Councilwoman Barker stated there have to be restrictions when people are irresponsible and pointed out that a group of citizens cleaned up an area where most of the material was yard sale signs.She stated that Council is seeking is to have citizen responsibility; let them have yard sales but in a responsible manner. Vice Mayor Eidson stated he agreed with that but not with telling people when they can have their yard sales. Councilwoman Alger suggested to omit #3 regarding the days and times permitted for yard sale signs and amend #8 to say that "the yard sale sponsor be responsible for removing all signs at the end of the last day of sale or by a certain time at the last day of sale." REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 8 OF 13 Public Works Rich Broman emphasized that signs be posted on private property,otherwise the City will continue to remove them from the right of way. Councilwoman alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF AND THE PLANNING AND ZONING ON ESTABLISHING REGULATIONS FOR YARD SALES SIGNS,THAT THE CITY ADOPT THE ITEMS IN MEMORANDUM FROM THE MAYOR,THAT #3 BE OMITTED AND #8 BE AMENDED TO SAY THAT SIGNS HAVE TO BE REMOVED AT THE END OF THE LAST DAY OF THE YARD SALE." Councilwoman Barker SECONDED THE MOTION. VOTE:In favor:Councilwoman Alger,Councilwoman Barker,Councilman Coleman, Councilman Perkins,Mayor Damiano. Opposed:Vice Mayor Eidson. The motion carried. DIRECTION TO STAFF TO MAKE CHANGES TO THE GR ZONE AND CI -I ZONE )Mayor Damiano called upon Councilwoman Alger to speak on this item. Councilwoman Alger MOVED THAT STAFF BE GIVEN DIRECTION DISALLOWING RECREATIONAL VEHICLES TO BE USED AS PERMANENT DWELLING UNITS IN ANY GR ZONE AND CI -I INDUSTRIAL ZONE;WITH A PROVISION FOR A TEMPORARY BUILDING. MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF TO MAKE CHANGES TO ARTICLE 3 OF THE ZONING ORDINANCE Councilwoman Alger to address this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon Councilwoman Alger stated changes would be to delete a sentence in Section 3.0107(b)which is misinterpreted that the Zoning Administrator must notify owners of a non -conforming use that it is at a point of potential loss.She explained the way this reads now makes it difficult to establish clearly the City's position on non -conforming uses. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 9 OF 13 Councilwoman Barker asked if that means to relieve the City of the responsibility to notify people when their non -conformity is lost and why. Councilwoman Alger replied that yes, because people are assuming the City will notify them six months before their non -conforming use expires and that wasn't the intent;it is there only as a courtesy. City Attorney Glenn Gimbut stated his legal opinion to staff was that the way the ordinance reads now means that the City staff shall give notice at least six months prior to the ending of the non -conforming use.He stated that due to the word "shall",unless staff has in fact given the notice,a person automatically has the legal right to expect the six-month period notice. Councilwoman Barker asked if the permissive "may"could be used to infer courtesy. Mr.Gimbut replied zoning is interpreted by law differently than any other areas and if there is a grey area where there is a question,it is interpreted in favor of the landowner; so the word "may"is not useful. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO STAFF TO GO AHEAD AND MAKE THE CHANGE AND GO THROUGH THE PLANNING AND ZONING PROCESS. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF TO AMEND CODE TO REQUIRE CLEANING DEPOSIT FOR CIRCUSES AND CARNIVALS )Mayor Damiano stated some time ago a carnival set up at the ABCO plaza and they left some trash at the place and he did not know who should be responsible for cleaning up.He stated a fee should be imposed to ensure that people will be responsible for cleaning up. Councilwoman Barker asked if this fee could also be applied on a temporary basis such as special events. City Attorney Glen Gimbut stated the City already has ordinances for maintaining private properties.He stated the City could use the cleaning deposit in the case its crews would have to clean up the property,then the deposit would be used to recoup the costs. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 10 OF 13 Vice Mayor Eidson was concerned that property owners would not be responsible upon knowing that a cleaning deposit had been paid;that they would expect the City to clean up.He also wanted to know how the fee would be collected. Mr.Gimbut stated that could be part of the property owner business license. Council consensus was that this issue needed further research. Councilwoman Alger MOVED THAT STAFF STUDY THIS ISSUE AND BRING BACK RECOMMENDATIONS FOR CLEANING DEPOSITS FOR CIRCUSES AND CARNIVALS AND ANY OTHER TYPE OF EVENTS THAT WOULD LEAVE TRASH ON A PROPERTY. MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF REGARDING COUNCIL PRIORITY DISCUSSION SESSION Councilwoman Alger to address this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon Councilwoman Alger stated this item is based on some requests and possible actions made to Council at their last meeting.She said she would like to know if Council would have the time before the end of January to meet and discuss their priorities. Council consensus was to make this meeting part of a regular work session in December. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO STAFF TO SCHEDULE A PRIORITY DISCUSSION WITH COUNCIL FOR DECEMBER 16 AND THAT BE THE ONLY ITEM ON THE AGENDA. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 11 OF 13 Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,DECEMBER 2,1991 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 3,1991 IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Damiano reported he attended a Veterans Day parade on Saturday, Nov.16;Sunday,Nov.10 the Pearl Harbor Survivors Day in Phoenix;Monday, Nov.11 another Veterans Day parade in Phoenix. ADJOURNMENT meeting at 9:25 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. Mayor Damiano adjourned the ACCEPTED THIS 3RD DAY OF DECEMBER ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF DECEMBER ,1991. THOMAS DAM IANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 12 OF 13 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 19th day of November,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1991 PAGE 13 OF 13 November ,1991.