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HomeMy WebLinkAbout1991-02-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 5,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 5,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Assistant City Manager George Hoffman Deputy City Clerk Lori Zmayefski Officer Ray Oberg Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell City Engineer Gordon Grandy Mr.Joseph Kelly 1355 W.4th Avenue Apache Junction,Arizona Mr.Ronald Scott HCR Box 512-C Payson,Arizona REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 1 Mr.Gary Mulholland 215 W.17th Avenue Apache Junction,Arizona Mr.Reggie Warren 2249 Belair Apache Junction,Arizona 10112 E.Wood Mesa,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Councilman Vehon MOVED THAT CONSENT AGENDA ITEM NOS.1 -7 BE ACCEPTED AS PRESENTED; AND THAT THE CITY MANAGER BE GIVEN AUTHORIZATION TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT AS PROVIDED BY MARICOPA COUNTY AS IT PERTAINS TO IMPROVEMENTS BY MARICOPA COUNTY TO BASELINE ROAD WITHIN THE CITY LIMITS; AND THAT THE INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID IN LAW ENFORCEMENT BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.91-04,AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT TO PURSUE ASSISTANCE FROM ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURPOSE OF TWO POLICE OFFICERS ATTENDING THE LIFESAVER 9 NATIONAL CONFERENCE ON HIGHWAY SAFETY PRIORITIES IN CHARLOTTE,NORTH CAROLINA,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.91-05,ADOPTING A HOUSING REHABILITATION PLAN AND GUIDELINES AS A RESULT OF HOUSING ACTIVITIES FUNDED IN WHOLE OR IN PART WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,BE APPROVED AND ADOPTED; AND THAT THE BID FOR THE POLICE BUILDING ANNEX BE AWARDED TO KWS CONSTRUCTION, IN THE AMOUNT OF $47,287.00,AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH KWS CONSTRUCTION; I FURTHER MOVE THAT ANY CHANGE ORDERS FOR THE CONSTRUCTION OF THE POLICE BUILDING ANNEX IN EXCESS OF $10,000 REQUIRE COUNCIL APPROVAL. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 2 Mayor Bluntschly welcomed everyone to the Council meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly read a Proclamation in Support of U.S.Troops in the Persian Gulf. Mayor Bluntschly announced that there are also decals available to the public,provided by former councilwoman Jean Perkins. Mayor Bluntschly gave the State of the City Presentation,highlighting pro- jects,events,and many accomplishments of the City,including all departments and staff. Mayor Bluntschly concluded the presentation by announcing that the community would be asked in 1991 whether or not the City will be authorized to initiate a sewer system,and that the Council has attempted to make this community the best that i t can be.Mayor Bluntschly thanked the Council and staff members for all of their efforts in accomplishing this. CALL TO THE PUBLIC Mr.Joseph Kelly,1355 W.4th Avenue,Apache Junction,representing Azure Skies Adult Subdivision,addressed the Council objecting to the removal of the fence at 4th Avenue. CITY MANAGER'S REPORT City Manager Michael R.Lee reported that the Baseline Road project will be completed by the end of the week,and will be a dirt road just to allow traffic through;the box culvert drainage improvement project at Weekes Wash will begin at any time,which will mean Superstition Boulevard closing for some time;and 16th Avenue adjacent to the Moose Lodge has been delayed due to relocating water lines. PUBLIC HEARINGS PROPOSED ORDINANCE NO.772,PZ-21-90, REVISION TO ARTICLE 3 OF THE ZONING ORDINANCE (NONCONFORMING USES)) )Planning Division Manager Jim Nakagawa explained that this was continued from December 18th,that this ordinance is to revise the nonconforming uses Article of the Zoning Ordinance, and that the ordinance handed out includes the requested additions. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 3 Mr.Nakagawa explained that the proposal was drafted by Building and Zoning Administrator Charles Coleman,who can answer any questions of the Council. Mayor Bluntschly opened the hearing to the public. Mr.Ronald Scott,HCR Box 512-C, Payson,addressed the Council in opposition to the proposed changes in the Nonconforming Uses portion of the Zoning Ordinance,asking why the existing regulations need to be changed as they seem to work.Mr.Scott further stated that this ordinance will probihit repairs and maintenance resulting in existing nonconforming uses rotting into the ground. Councilwoman Alger explained that the ordinance is not prohibiting maintenance or repair authorized by State Law, and read this from the proposal. Mr.Scott stated that this contra- dicts the rest of the ordinance. Councilwoman Alger stated that he cannot go beyond the point of reasonable repair,which the State allows,such as an addition cannot be constructed. Mr.Scott commented that this ordi- nance allows a lot of room for interpretation,and suggested that the Council take more time to look into this before taking action. Mayor Bluntschly asked i f there was anyone else who wished to address the Council on the item.There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.772 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. VOTE:Unanimous The motion carried. follows: Councilman Cox seconded the motion. City Clerk Kathleen Connelly read as ORDINANCE NO.772,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING ARTICLE 3,(APPLICATION OF ORDINANCE)AND ARTICLE 5 (DEFINITIONS)TO ESTABLISH NEW PROVISIONS AND DEFINITIONS AFFECTING NONCONFORMING USES;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 4 Councilwoman Alger MOVED THAT ORDINANCE NO.772,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: BY STRIKING IN SECTION 3.0104.b.,THE WORD "INTENSIFY";STRIKING IN SECTION 3.0107.c.,THE PHRASE "WHETHER CESSATION IS VOLUNTARY OR INVOLUNTARY";ADDING TO SECTION 3.0104."c.ANY STRUCTURE MADE NONCONFORMING DUE TO FAILURE TO MEET BULK REQUIREMENTS IS EXEMPTED FROM THIS SECTION.ANY NEW ADDITION TO SAID NONCONFORMING STRUCTURE WILL BE PERMITTED IF THE NEW ADDITION CONFORMS WITH THE CURRENT REQUIREMENTS OF THIS ORDINANCE." Councilman Vehon seconded the motion. Councilman Eidson stated that after much consideration of this ordinance,even with the amendments,i t is still negative to the people,and that it will be almost impossible for the property owner to come up with proof of grandfather rights. Councilman Eidson further stated that this would not allow the repair of his home should i t burn down,and will negatively affect the people of the community.Councilman Eidson stated that I f this passed it will be the biggest mistake the Council has made in two years, mainly because i t affects so many people,and that the Board of Adjustment appeal process is not sufficient recourse. Councilwoman Alger asked for an example of the type of problem this would cause the community. Councilman Eidson explained that the interpretation of the ordinance can be different,and with staff changes this is likely. Councilwoman Alger pointed out that those properties not meeting setback requirements are exempted from the section of the ordinance. Councilman Eidson added that staff may interpret i t differently when a case comes up. for a definition of "bulk"requirements. City Manager Michael R.Lee asked Building and Zoning Administrator Charles Coleman explained that "bulk"requirements are those that deal with num- bers of stories,height,side yards,front yards,rear yards,lot coverage,and those types of issues,so rather than spell every one of those out,i t is stan- dard to use the word "bulk"in land use law. Councilman Eidson reiterated that he would not have a problem then i f he comes in to get a permit and his setbacks are nonconforming. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 5 Mr.Coleman explained that i f he is changing from 100 AMP service to 200 AMP service,he won't even be asked where the house is located on the lot,but if an addition is being constructed without the proper setbacks,those would have to be met anyway.Mr.Coleman explained the options including going to the Board of Adjustment,which anybody would have to do,and that i t has nothing to do with the house not conforming,but the addi- tion. Councilman Eidson asked what would happen if a home were 51% damaged. Mr.Coleman replied that in most cases there would not be a problem with repair,but if a home were totally detroyed with the owner wishing to rebuild on the existing foundation that is too close to the property line,a permit will not be issued regardless of which ordinance is in place. Mr.Coleman stated that by and large,the intent of this ordinance is not to get rid of homes or people,but the purpose of the ordinance is to get rid of nonconforming uses in zoned districts,and not single family residence zones.Mr.Coleman added that the ordinance's purpose is to get rid of uses that are in a district they are not zoned for. Councilman Eidson asked that i f he has a building in a CB -2 zone,which is currently conforming,but the Council changes the CB -2 zone making his building nonconforming,would he be denied a building permit to remodel. Mr.Coleman stated that elimination of the CB -2 zone was brought to Council and was thrown out,so that won't be changed,but in the event that the property was rezoned to a zoning district that did not permit the business,it would be subject to this ordinance. Councilman Vehon commented that the reason the existing requirements need to be changed is that they are brought from Pinal County rules,and Pinal County is changing theirs as they are having similar problems as Apache Junction,and also that prior to 1969 Pinal County had no building codes or zoning in Apache Junction so when we became a City there were industrial uses in family neighborhoods,apartments next door to single family homes,commercial buildings next to an apartment building,and a lot of the buildings are lacking structurally,electrically and in the plumbing, and asked i f these things should be allowed forever.Councilman Vehon added that this is a step forward for the community -it will bring us out of the 1960's into the 1990's. Councilwoman Alger stated that placing the burden of proof on the property owner,is merely making this equitable for everybody -everyone follows the same rules unless you can prove that you should be treated differently because of the grandfather clause. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 6 Mr.Coleman commented that the feeling seems to be that this ordinance does things to people,and that cer- tainly this ordinance was drafted with the intent that these nonconforming uses would eventually go away,but there are protections under State Law that they are entitled to and whether you have a nonconforming use or an illegal use, you enjoy the same rights as someone with true vested rights as i t puts the bur- den on staff to find out if what someone is doing is illegal. Councilman Eidson asked if all a property owner has to do is to say that they are grandfathered. Mr.Coleman answered that i f the property owner can show that they were in existence prior to 1985,or that i t was legal and some change in the zoning ordinance made i t illegal,than they are entitled to those rights. Councilman Eidson asked what type of proof is required. Mr.Coleman replied that evidence is required,such as a business licenses,tax receipts,affidavits from neighbors, previous owners,telephone numbers in the phone showing that it was a business, etc. Councilwoman Alger pointed out that once grandfather rights are proven,a certificate is issued,so i t is not having to be reproven. Councilman Eidson stated that i f he gets complaints on this issue,he will refer them to the six other councilmem- bers that put this into place. VOTE:In Favor:Councilwoman Barker,Councilman Cox,Councilwoman Alger, Councilman Vehon,Mayor Bluntschly Opposed:Vice Mayor Damiano,Councilman Eidson The motion carried. Mayor Bluntschly recessed the meeting at 8:20 p.m. Mayor Bluntschly reconvened the meeting at 8:35 p.m. PROPOSED ORDINANCE NO.777,AMENDING CITY PERSONNEL POLICY,RUL I ,DEFINITION OF TERMS,SECTION 21,PERSONNEL OFFICER, AND RULE XVIII,SEPARATION FROM THE SERVICE,SECTION 2 LAY-OFF (WITH THE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 7 EMERGENCY CLAUSE)) )Assistant City Manager George Hoffman explained that this ordinance concerns the former definition of the Personnel Officer and also provides a Lay-off Policy. Councilwoman Barker asked if a per- son with a specific skill is layed-off,and are not senior,is the rehire depen- dant upon classification. Mr.Hoffman replied that the rehire will be based upon the vacancy that is to be filled,or the need in that department. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to address the Council on this item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Barker MOVED THAT ORDINANCE NO.777 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. Councilman Vehon asked i f i t is necessary to pass this ordinance with the emergency clause. Mr.Hoffman replied that a lay-off can occur now,but there is not a policy in place allowing the opportunity to "bump",so someone could be laid -off for a period of several weeks before coming back and "bumping". City Manager Michael R.Lee explained that at this point only entry level employees have been laid -off,but there are other in higher level positions who would be concerned with the ability to "bump",so this emergency clause is necessary to prevent other problems. Councilman Vehon asked i f there is a problem with making this retroactive since there are some employees already laid -off. Mr.Hoffman replied that staff does not have a problem with that. Mayor Bluntschly asked why there is a necessity for making this retroactive since there are only entry-level employees laid -off currently. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 8 Mr.Hoffman explained that the reason is that some have already been laid -off,and although they will not be able to avail of the "bumping"provision,they will be able to be placed on a lay-off list for rehire in the future. VOTE:Unanimous The motion carried. follows: City Clerk Kathleen Connelly read as ORDINANCE NO.777,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE JUNCTION,RULE I DEFINITION OF TERMS,SECTION 21 PERSONNEL OFFICER AND RULE XVIII SEPARATION FROM THE SERVICE,SECTION 2 LAY-OFF;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Barker MOVED THAT ORDINANCE NO.777,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE,APACHE JUNCTION ROTARY CLUB ) )Mr.Gary Mulholland,215 W.17th Avenue,Apache Junction,representing the Rotary Club,explained that this is an application for a Special Event Liquor License for a Lost Dutchman Days event to take place on February 23,1991 at 232 N.Idaho Road,Apache Junction. address is.Vice Mayor Damiano asked where this Mr.Mulholland replied that i t is north of the Grand Hotel complex and behind the Los Vaqueros Restaurant. just for the Rodeo Dance. Councilwoman Alger asked i f this is Mr.Mulholland confirmed this,and added that it will be for one night only,and that the application for the Rodeo Park had previously been approved by the Pinal County Board of Supervisors. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 9 Vice Mayor Damiano commented that this isn't the first time Mr.Mulholland has had this done. Mr.Mulholland stated that this is the first outdoor dance in conjunction with Lost Dutchman Days,that the past dances have been at private clubs. Councilman Vehon asked the City Attorney i f he would need to declare a conflict as a member of the Rotary Club. City Attorney David Alexander replied that he did not. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR THE APACHE JUNCTION ROTARY CLUB,SUBMITTED BY MR.GARY MULHOLLAND,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS PROPOSED RESOLUTION NO.91-02,NOTICE OF ELECTION FOR MARCH 19,1991,PRIMARY ELECTION;ESTABLISHING POLLING PLACES, VOTING DISTRICTS AND HOURS FOR POLLS TO BE OPEN;APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION ) )City Clerk Kathleen Connelly explained that this is another resolution to comply with State Law in the noti- fication of an election,and that this resolution gives more details such as establishing polling places,voting districts,hours polls will be open, designating election officials by title,and fixing their rate of compensation. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 10 Ms Connelly added that another reso- lution will be brought to the Council for action prior to the May General Election. Councilman Vehon asked i f the rate of pay is set by State Law. Ms Connelly replied that State Law sets a minimum of $30 or $40 per day,and that the City paid less in past years in lieu of providing meals,and as the size of polling places grew i t became more difficult to provide meals so staff recommended a change in 1985 to increase the pay rate and excluding meals.Ms Connelly further stated that this is the same rate paid by Pinal County. Councilman Eidson asked i f the Council will vote on the election workers at some point. Ms Connelly answer that they will not,and only designate the workers by title and category. Vice Mayor Damiano commented that the resolution reads as such that names should be included. Ms Connelly explained that the officer is designated by title,not by name,in the resolution. Vice Mayor Damiano suggested changing the wording. Ms Connelly explained that this wording is suggested by the State and League of Arizona Cities and Towns. Councilwoman Barker MOVED THAT RESOLUTION NO.91-02,PROVIDING NOTICE FOR THE REGULAR PRIMARY ELECTION; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN;AND APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: DIRECTION TO STAFF AND PLANNING AND ZONING COMMISSION TO AMEND ZONING ORDINANCE TO ALLOW CART VENDORS ON A TEMPORARY BASIS UNDER CERTAIN CONDITIONS. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 11 Mayor Bluntschly stated that this item was placed on the agenda by Vice Mayor Damiano. Vice Mayor Damiano stated that it was brought to his attention that a vending cart,providing hot dogs and drinks,was being placed in the parking lot of the County Complex,and suggested amending the Zoning Ordinance to allow this type of cart on a temporary basis under certain conditions.Vice Mayor Damiano further stated that this person with a hot dog cart should be allowed to move the cart to other locations also,on a temporary basis. Councilman Vehon asked i f the proposal is to amend the Zoning Ordinance to allow this activity in every zoning district,residential,commerical, industrial,multi -family,or only in certain districts. Vice Mayor Damiano replied that i t should be allowed in every district,on a temporary basis under certain conditions. Councilman Vehon asked what would be the definition of "temporary". Vice Mayor Damiano stated that temporary should be a couple of hours in one spot,and than he can move to another spot for a couple of hours. Councilman Vehon reiterated that it would be no more than two hours in one spot. Mayor Bluntschly further riterated the intent of Vice Mayor Damiano's propo- sal to be the vendors allowed to roam about at large in the community as they so choose,at any location they choose,for a period of time not to exceed two hours. Vice Mayor Damiano added that the two hour limit would be i f he is going to park,but to go up and down the streets "at will"- would be fine.Vice Mayor Damiano pointed out that there are ice cream trucks and "roach coaches"that do this very thing without prohibition,and are only required to buy a license. Councilwoman Barker asked why this vendor cannot be licensed the same way as an ice cream truck and "roach coaches",i f the hot dog cart is to be going up and down the streets. Ms Connelly explained that the difference would be that the hot dog cart is going to be stationery,at one location,and will not be physically going door- to-door,and that the original request of the vendor was to set up at a specific location for all day. Councilman Eidson commented that there should not be a problem with this cart setting up as the County doesn't have a problem with it,and that the other factors of Health Department approval and property owner approval should be suf- ficient.Councilman Eidson added that the City is being too strict on this as K Mart and other stores do this themselves in their own parking lots. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 12 Councilwoman Barker clarified the situation as being a specific vendor who wishes to set up a "mobile restaurant"at the County complex parking lot,and do business during 10 a.m.to 2 p.m. City Attorney David Alexander stated that he had contacted Pinal County, asking them i f they were claiming an exemption from City zoning regulations,and they replied yes.Mr.Alexander further stated that based on this information, the person with the hot dog cart was issued a business license,and it appears that the Vice Mayor Damiano wishes the person to be allowed to sell at other locations also,and with the license he currently has the only place he can sell is at the Pinal County complex. Councilwoman Barker asked Vice Mayor Damiano i f the issue is then,to license other individuals to do this type of thing on a mobile basis. Vice Mayor Damiano confirmed this,and added that it would not be a sta- tionery basis,but mobile. Councilwoman Barker stated that the sandwich trucks do that with a Peddlers License,and asked why this person can't. Ms Connelly answered that he is not staying there briefly,but is remaining for several hours,and the others only stay 30 minutes maximum.Ms Connelly commented that one of the other issues is the sanitary facilities. Councilwoman Alger stated that after speaking with Mr.Stan Griffis,his intent in his letter was was not to supercede any City ordinances,so there appears to be a miscommunication between County departments. Councilwoman Alger further stated that the biggest question now is that i f this is to be allowed,every park n'swap vendor will be able to take their mobile facility to any location with owner permission. Mayor Bluntschly commented that he is not ready for that situation,as there would be vendors everywhere,with enforcement being impossible. Councilwoman Alger pointed out that Pinal County may have said it was okay, but the hot dog vendor still has the comply with City ordinances,which currently say this is not allowed,so i t appears that this hot dog vendor should not have a business license. Councilman Eidson stated that if one is to be stopped from doing this - everyone should be stopped,such as K Mart and ABCO.Councilman Eidson added that Apache Junction is the only community that does not allow hot dog stands. Councilwoman Alger informed the Council that during the summer there was a stand at Osco's,and there were a couple of very upset Councilmembers as that person was allowed to sell. Councilman Eidson stated that he was one of those Councilmembers and it was because the vendor did not have a license. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 13 Councilwoman Alger asked how this could be made equitable without allowing the park n'swap vendors to set up as well. Vice Mayor Damiano suggested allowing food vendors only. Mayor Bluntschly stated that this may be discriminating against everyone else. Vice Mayor Damiano pointed out that at events,such as the rodeo,there are vendors selling ice cream,etc. Councilwoman Alger stated that those are licensed for "special events" Councilman Cox stated that he is all for these type of hot dog sales. Mr.Reggie Warren,2249 Belair,Apache Junction,and 10112 E.Wood,Mesa, addressed the Council requesting a change in the Zoning Ordinance to allow him to sell hot dogs from a cart,and volunteered to assist with enforcement of the laws. Mr.Warren explained that he was required to get health certificates in Pinal and Maricopa County,and that he uses the Health Department's sanitary facilities to comply with building regulations. Councilwoman Alger explained that the Council is not questioning Mr. Warren's hot dogs or facilities,but the concern is that the activity is not allowed within a GR zoning district. Mr.Warren commented that he had set up at the County complex prior to receiving a license,and the License Enforcement Specialist came and arrested him. Councilwoman Alger stated that there will be other vendors to deal with in the future. Mr.Warren stated that the Building Division staff wanted him to obtain a Peddlers license and keep moving,but it's difficult to sell hot dogs at 55 mph. Mr.Warren further stated that he would be selling at the Bayless shopping center for a Rally,and i f the City wished to arrest him or not. Councilwoman Alger asked i f the City is to ignore the rules for the war. Ms Connelly clarified that the License Enforcement Specialist does not have arrest authority and did not arrest Mr.Warren,but merely warned Mr.Warren that it was necessary to be licensed. Ms Connelly stated that the food concession at K Mart is an extension of the food concession inside the building,and they are permitted under the Zoning Ordinance to do so. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 14 Ms Connelly further stated that when this proposal was initiated several things were discussed,among them the requirement for this type of business to take place on developed commercial property -not on vacant lots - with the owners permission and health department clearance. Mayor Bluntschly asked how many different vendors this would apply to. Ms Connelly replied that food vendors were specifically addressed. Mayor Bluntschly asked i f this could be restricted to food vendors. City Attorney David Alexander requested that he be allowed to research that question. Councilman Eidson stated that other people have inquired about setting up hot dog stands,that this should not cause problems,and that Chandler is thinking about allowing them. Ms Connelly disagreed,stating that Chandler is working to disallow them, but that Mesa does allow them with tight restrictions and high license fees. Mr.Lee commented that Chandler is working to make i t legal. Councilman Eidson stated that the opinion seems to be that it would add a nice appearance to the downtown area in Chandler. Councilwoman Barker suggested that i f this type of activity were allowed i t could be done in an extraordinarily limiting way,with the temporary use;owners permission;on commercial property;and with health department approval. Ms Connelly pointed out that the intent was to have the activity on deve- loped commercial property,with sanitary facilities. Councilwoman Barker stated that these factors would make i t even more limiting. Councilman Vehon stated that this would be appropriate in a commercial area, but the location Mr.Warren is currently at is a nonconforming commercial use, and that if all of these restrictions were in place,this could be a neat thing for the community. Mr.Alexander stated that Mayor Bluntschly's concern over whether the ven- dors can be limited to food is a legitimate area of concern and should be researched. Councilwoman Barker suggested allowing for research prior to the Council taking action. Councilman Vehon agreed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 15 Mr.Jerry Michaels asked to speak. The City Council consented. Mr.Jerry Michaels suggested limiting the number of licenses to be issued for hot dog carts within a certain area,as a method of containment. Mayor Bluntschly did not agree that this could be done. Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN STAFF AND THE PLANNING AND ZONING COMMISSION,TO DRAFT AMENDMENTS TO THE ZONING ORDINANCE PERMITTING TEMPORARY PLACEMENT OF CART VENDORS ON DEVELOPED COMMERCIAL PROPERTY,WITH OWNER'S PERMISSION AND WITH HEALTH DEPARTMENT CLEARANCE. Councilman Cox seconded the motion. Councilman Vehon stated that he would still like for staff to research the questions that were raised prior to the Council taking this action. Councilwoman Alger agreed. Councilman Vehon pointed out that Uncle Reggie currently has a license,so a delay in order to do this right would not affect him. Councilwoman Barker agreed with Councilman Vehon's comments. Vice Mayor Damiano stated that as there is no point in voting on the motion, and if games are going to be played,he would withdraw the motion. Mayor Bluntschly pointed out that the Council wishes to get something accomplished properly. Vice Mayor Damiano replied that nothing ever will. Councilman Cox withdrew the second. Councilwoman Barker MOVED THAT DIRECTION BE GIVEN THE CITY ATTORNEY TO RESEARCH THOSE ITEMS IN QUESTIONS,SPECIFICALLY,CAN THE CITY LIMIT THIS TO A SPECIFIC TYPE OF BUSINESS,TO BE BROUGHT BACK AT THE NEXT REGULAR COUNCIL MEETING OF FEBRUARY 19,1991. Councilman Cox seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Vehon,Councilman Eidson, Vice Mayor Damiano,Councilwoman Barker,Councilwoman Alger Opposed:Mayor Bluntschly The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 16 SELECTION OF MEETING DATE,S,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, FEBRUARY 19,1991 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 6:00 P.M.,ON FEBRUARY 19,1991,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD ON FEBRUARY 11,1991,AT 6:30 P.M.,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS 1990 ANNUAL PLANNING REPORT ON THE STATUS OF THE GENERAL PLAN AS REQUIRED BY A.R.S.9-461.07. Planning Division Manager Jim Nakagawa explained that this report basically outlines accomplishments in 1990. Councilman Vehon commended Jim for the thorough report. ADJOURNMENT )There being no further business to conduct,Mayor Bluntschly adjourned the meeting at 9:27 p.m. Consent Agenda Items are as Follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 15,1991. 3.Approval of Intergovernmental Agreement to authorize Maricopa County to purchase property within city limits in conjunction with the design and construction of Baseline Road. 4.Approval of Intergovernmental Agreement for Mutual Aid in Law Enforcement. 5.Approval of Resolution No.91-04,Lifesaver 9 -National Conference on Highway Safety Priorities,to allow for application to the Governor's Office of Highway Safety for a grant to send two officers to the Lifesaver 9 Highway Safety Conference in May 1991. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 17 6.Approval of Resolution No.91-05,Housing Rehabilitation Plan and Guidelines (HRPG),will adopt eligibility guidelines and general requirements outlining the strategy for the CDBG funded Housing Rehabilitation Plan. 7.Approval/rejection of Bids and authorization for City Manager to enter into contract on Police Building Annex. ACCEPTED THIS 19TH DAY OF FEBRUARY ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 22ND DAY OF FEBRUARY ATTEST: KATHLEEN CONNELLY City Clerk KENNETH BLUNTSCHLY Mayor CITY COUNCIL MINUTES CERTIFICATION ,1991. 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 5th day of February,1991.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 18 Dated this //day of l a t r A 1991. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5,1991 PAGE 19