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HomeMy WebLinkAbout1990-08-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 7,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 7,1990,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 7:02 p.m. INVOCATION Councilman Vehon 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 Deputy City Clerk Lori Zmayefski Assistant City Manager George Hoffman Director of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell Planning Division Manager Jim Nakagawa Economic Development Specialist John Schoeph City Engineer Gordon Grandy Operations Supervisor Doug Dobson Mr.Joseph Kelly 1355 W.4th Avenue Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 1 Ms Donna Tunison 401 S.Ironwood Apache Junction,Arizona Ms Jean Perkins 616 N.Cactus Apache Junction,Arizona Mr.Gerald LeDoux 1754 W.Idaho Road Apache Junction,Arizona Mr.Kenneth Robertson 1346 S.Saguaro Drive Apache Junction,Arizona Mr.Duke Arnold 1980 W.13th Avenue Apache Junction,Arizona Ms Billie Carlson 1748 W.15th Avenue Apache Junction,Arizona Mr.Harry Weaver 1722 W.13th Avenue Apache Junction,Arizona Ms Doris Manrey 1126 S.Palo Verde Apache Junction,Arizona Mr.Joe Saggio 543 N.Ironwood Drive Apache Junction,Arizona Ms Wanda Meldrum 1324 S.Saguaro Apache Junction,Arizona Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Mr.Norm LeSage 333 W.Apache Trail Apache Junction,Arizona Ms Pat Nelson 1543 S.Warner Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 2 Ms Betsy Grandlich 8044 E.Hermosa Drive Mesa,AZ Mr.Arlie Meyers 855 E.Desert Apache Junction,Arizona Ms Midge Conway 902 S.Ocotillo Apache Junction,Arizona Mr.Michael Parks Dirtwater Springs 586 W.Apache Trail Apache Junction,Arizona Mr.Bill McDaniel Winchester Restaurant and Lounge 417 W.Winchester Apache Junction,Arizona Mr.William Rawlins 574 W.Greasewood Apache Junction,Arizona Mr.Keith Hilgendorf Executive Director Chamber of Commerce 1075 W.Smoketree Apache Junction,Arizona Ms Cleo Johnson 1408 W.Apache Trail Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -18 BE ACCEPTED AS PRESENTED; EXCEPT THAT NUMBER 3,7,8,AND 9 BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY PRIOR TO NUMBER 19,AND THAT ITEM NUMBER 26 BE DELETED FROM THE AGENDA; AND THAT RESOLUTION NO.90-30,INDICATING SUPPORT ON BEHALF OF THE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE SUBMITTED BY PINAL COUNTY FOR FY 1990/91,BE APPROVED AND ADOPTED; REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 3 AND THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF PUBLIC SAFETY,THROUGH THE CITY MANAGER,TO PURCHASE THREE VEHICLES THROUGH STATE CONTRACT NO.00188AA FOR $12,396.16 EACH,PLUS TAX,THE THIRD VEHICLE TO BE PAID FOR WITH FUNDS OBTAINED THROUGH A GRANT FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY,AND THAT THE CITY BID REQUIREMENTS BE WAIVED; AND THAT THE STREET LIGHT IMPROVEMENT DISTRICT LIST BE APPROVED AS PRESENTED, AND AUTHORIZATION BE GIVEN THE CITY ENGINEER,THROUGH THE CITY MANAGER,TO FORWARD THE LIST TO PINAL COUNTY FOR COLLECTION OF TAXES; AND THAT AUTHORIZATION BE GIVEN THE PARKS AND RECREATION DIRECTOR,THROUGH THE CITY MANAGER,TO USE THE MASTER INTERGOVERNMENTAL AGREEMENT AND THAT THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT BE APPROVED AS PRESENTED; AND THAT THE RESOLUTIONS SUBMITTED TO THE LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE FOR INCLUSION IN THE 1991 MUNICIPAL POLICY STATEMENT,BE RATIFIED; AND THAT RESOLUTION NO.90-29,RESPECTFULLY REQUESTING THAT THE PINAL COUNTY TOWN HALL PLANNING COMMITTEE HOLD THE 1991 PINAL COUNTY TOWN HALL IN THE CITY OF APACHE JUNCTION,BE APPROVED AND ADOPTED; AND THAT THE HUMAN SERVICE AGREEMENTS FOR SUPERSTITION MOUNTAIN MENTAL HEALTH, SALVATION ARMY,EAST VALLEY CATHOLIC SOCIAL SERVICES,AND THE COMMUNITY ACTION HUMAN RESOURCES AGENCY,BE APPROVED AS PRESENTED; AND THAT RESOLUTION NO.90-28,SUPPORTING THE DEVELOPMENT OF A CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF APACHE JUNCTION IN CONJUNCTION WITH THE STATE DEVELOPMENT FUND;ASSURING THE CITY OF APACHE JUNCTION'S COMMITMENT TO PROVIDE MATCHING FUNDS IN AN AMOUNT OF NOT LESS THAN $10,000;AND ASSURING THE CITY OF APACHE JUNCTION'S COMMITMENT TO ADOPT AND FUND IMPLEMENTATION OF THE CAPITAL IMPROVEMENTS PROGRAM IF SUCH GRANT FUNDS ARE AWARDED TO THE CITY BY THE ARIZONA DEPARTMENT OF COMMERCE,BE APPROVED AND ADOPTED; AND THAT THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE CHAMBER OF COMMERCE FOR FISCAL YEAR 1990-91,BE APPROVED AS PRESENTED; AND THAT THE APPROVED BID REQUISITION #124502 AWARDED BY PINAL COUNTY TO SAHUARO PETROLEUM FOR DUST PALLIATIVE IN THE AMOUNT OF $112.32 PER TON BE ACCEPTED PURSUANT TO CITY CODE SECTION 3-7-6,AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A CONTRACT WITH SAHUARO PETROLEUM IN AN AMOUNT NOT TO EXCEED $30,000, AND THAT INITIALLLY APPROXIMATELY 5.5 MILES OF DIRT ROADS BE TREATED AS OUTLINED IN THE COUNCIL MEMORANDUM DATED JULY 26,1990; AND THAT THE CITY MANAGER MAY AUTHORIZE ADDITIONAL DIRT ROADS TO BE TREATED ON A FIRST -COME,FIRST -SERVE BASIS WHILE PROVIDING FOR FLUSH COATS TO BE APPLIED UP TO THE NOT -TO -EXCEED AMOUNT AUTHORIZED. I FURTHER MOVE THAT THE CONTROLLER BE AUTHORIZED,THROUGH THE CITY MANAGER,TO PAY THE FY 1991 MEMBERSHIP DUES FOR CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS, IN THE AMOUNT OF $5,421.00; REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 4 AND THAT RESOLUTION NO.90-32,ENDORSING PARTICIPATION IN THE KEEP AMERICA BEAUTIFUL PROGRAM AND ACCEPTING SPONSORSHIP,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed all those present to the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly made a special presentation of a plaque to the Operations Division for work completed on street improvements,and for saving City dollars on these in-house street projects. CALL TO THE PUBLIC Mr.Joseph Kelly,1355 W.4th Avenue,Apache Junction,spoke in opposition to opening the gate on 4th Avenue as a resident of Azure Skies subdivision, stating that this would effect the safety and peaceful life of the residents of Azure Skies. Ms Donna Tunison,401 S.Ironwood Drive,manager of VIP Resort,stating that the gate is located at this park,and requested that the gate remain permanently closed. Ms Jean Perkins,616 N.Cactus,Apache Junction,stated that she has gathered signatures against the he sales tax increase that Pinal County has since passed,and that the public have made comments regarding the need for an Assistant City Manager for this size of city,that i f the City Manager can't handle the job then the Council should hire one who can.Ms Perkins added that she has heard many compliments on Kathy Connelly as Acting City Manager. Ms Perkins further stated that the Council needs to "sell"the City to the public. Ms Perkins addressed the deleted agenda item regarding photo cop,hoping that the Council considers i t carefully prior to implementing,and also com- mented that if grants aren't needed in the City,that we not grab at them since the funds have to be matched. Mr.Gerald LeDoux,1754 W.Idaho Road,Apache Junction,addressed the Council in favor of keeping the Age Specific Overlay Zoning in place. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 5 CITY MANAGER'S REPORT City Manager Michael R.Lee reported that the recent chip seal project of 91/2 miles was completed in 5 days at about the same price as last year in spite of the increase in costs,that there is a $25,000 balance in street maintenance which is not expected to be used this year. Mr.Lee stated that staff is in the process of putting together a bibliography of reference material to allow for an in-house training program on the "service first policy";have been unsuccessful in obtaining a copy of Pinal County's policy as i t appears to not be a formal,written policy;and that work is being done on the boards and commissions review project by obtaining infor- mation from other cities. ITEM NO.3: LETTER OF INTENT TO PARTICIPATE IN ACQUISITION OF RIGHT-OF-WAY WITH PINAL COUNTY FLOOD CONTROL DISTRICT FOR WEEKES WASH FLOOD CONTROL DAM. City Manager Michael R.Lee encouraged the Council to consider the merits of this project,as this will benefit the City of Apache Junction more than i t would the County,and that unless the City indicates interest in working with them on this project,Pinal County will withdraw the project. Mayor Bluntschly agreed that this is a good project but not like the present dam construction which is a monstrosity,and expressed concern with the infor- mation included in the Letter of Intent that the City would have to obtain per- mission from the County to use this as a recreational area,even though it would be a mutual project. Mr.Lee replied that this is due to the fact that this is a Pinal County project which puts liabilities on them to administer the project and the land, although the City is participating to a minimal extent.Mr.Lee added that Maricopa County has informally agreed to participate in the acquisition of rights -of -way,and clarified that this is merely a "letter of intent"and a contract would be required at some point. Mayor Bluntschly also expressed concern with the shortfall in next years budget,and this is going to cost $175,000. Mr.Lee stated that the latest information indicates that the cost will not be that high,more like $25,000,but that there is no commitment at this point. Mayor Bluntschly commented that that information was only verbal,and asked what problems would be caused by delaying this letter of intent until more information can be obtained. Mr.Lee stated that a delay would not be a problem. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 6 Vice Mayor Damiano requested that this be postponed until something may be obtained in writing as to where the money from Senator DeConcini is going, Maricopa County's commitment,and added that something should be done with Weekes Wash but the City of Apache Junction cannot afford i t at this time as we are being taxed heavily as i t is. Mr.Lee again clarified that this is only a "letter of intent"and is not a commitment to any specific dollar amount. Councilwoman Barker suggested that Section E of the Letter of Intent could be changed to permissive language. City Attorney David Alexander replied that at one time the letters going back and forth had all permissive language,and that with the change the Letter couldn't be read to say the City "will"do anything. Councilman Vehon stated that there are hundreds of acres of privately owned residential land that could be opened up once the floodway is done away with. Areas where people own property that they can't build on because they are not allowed,by the County,to put in a septic tank because of the floodway,and will also be a solution to the dangers when a flood does occur.Councilman Vehon added that the City will benefit most from this. Mayor Bluntschly stated that these points aren't being disputed,however, he would like to see facts and figures in writing. Councilman Vehon agreed,but that the language could be changed to tell the County that the City would like to go forward but with more information. Director of Public Works Rich Broman informed the Council that the Pinal County Engineer has indicated that the Corps of Engineers will not receive any money from the Federal Government until the rights -of -way are obtained,however the project has been funded. Councilwoman Barker MOVED THAT THE LETTER OF INTENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY,REGARDING THE ACQUISITION OF RIGHT-OF-WAY FOR WEEKES WASH FLOOD CONTROL DAM BE ACCEPTED AS PRESENTED EXCEPT FOR THE AMENDMENT IN SECTION 2(E),WHICH WOULD CHANGE THE MANDATORY LANGUAGE TO PERMISSIVE LANGUAGE IN BOTH PLACES (WILL TO MAY). motion. Vice Mayor Damiano seconded the VOTE:In Favor:Councilman Vehon,Councilman Eidson,Vice Mayor Damiano, Councilwoman Barker,Councilwoman Alger,Mayor Bluntschly Opposed:Councilman Cox The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 7 ITEM NO.7: APPOINTMENT OF MEMBERS TO THE ECONOMIC DEVELOPMENT COMMISSION. Vice Mayor Damiano asked how many vacancies exist. Director of Development Services Adriane Brown -White replied that there are nine vacancies with ten applicants. Councilwoman Alger MOVED THAT THE FOLLOWING PEOPLE BE APPOINTED TO THE ECONOMIC DEVELOPMENT COMMISSION: GARY HIGGINS,JUDY HOLDER,AND JANICE KERWIN,WITH TERMS TO EXPIRE JUNE 30, 1991; ROY OTTINGER,SANDRA SMITH,AND THOMAS JOHNSON,WITH TERMS TO EXPIRE JUNE 30, 1992; JOHN NIEBLING,KEITH STACHAR,AND HERBY JORDAN,WITH TERMS TO EXPIRE JUNE 30, 1993. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. ITEM NO.8 APPOINTMENT OF MEMBER TO THE PLANNING AND ZONING COMMISSION. Vice Mayor Damiano MOVED THAT JOHN BROOKHEART BE APPOINTED TO THE PLANNING AND ZONING COMMISSION,SAID TERM TO EXPIRE JUNE 30,1993. Councilman Cox seconded the motion. Councilman Vehon asked i f Mr.Brookheart has made any inquiries into the Planning and Zoning Commission, so that he may be familiar with the responsibilities. Adriane Brown -White replied that he has not. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 8 Director of Development Services ITEM NO.9 APPOINTMENT OF MEMBERS TO PARKS AND RECREATION COMMISSION. Vice Mayor Damiano MOVED THAT GARY MULHOLLAND AND LOIS BROMAN BE APPOINTED TO THE PARKS AND RECREATION COMMISSION, SAID TERMS TO EXPIRE JUNE 30,1993. Councilwoman Alger seconded the motion. Vice Mayor Damiano commented that Gary Mulholland has been very helpful in the community. VOTE:Unanimous The motion carried. PUBLIC HEARINGS PROPOSED RESOLUTION NO.90-31, CONDEMNATION ON STARR AND SUPERSTITION (With the Emergency Clause)) )City Attorney David Alexander explained that one of the requirements prior to commencing with a condemnation action is that the Council find that i t is a necessity for the acquisition for roadway or drainage right-of-way,and Resolution No.90-31 is the initial step in the commencement of that condemnation. resolution has an emergency clause. Councilwoman Barker asked why this Mr.Alexander stated that resolu- tions apparently require an emergency clause in order to become effective imme- diately,and since we are getting sued i t is necessary to respond to the complaint with an action in condemnation,and a response is due by the end of this week. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the resolution. There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT RESOLUTION NO.90-31,FINDING IT NECESSARY TO ACQUIRE ADDITIONAL ROADWAY AND/OR DRAINAGE RIGHT-OF-WAY ON SUPERSTITION BOULEVARD AND STARR ROAD AT THE INTERSECTION THEREOF,AND DIRECTING THE CITY ATTORNEY IN THE NAME OF THE CITY OF APACHE JUNCTION,ARIZONA,TO CONDEMN PROPERTY NECESSARY AND CONVENIENT TO BE TAKEN FOR THE IMPROVEMENTS,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 9 Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.751,ESTABLISHING SPEED LIMITS ON IRONWOOD DRIVE,IDAHO ROAD,BASELINE AVENUE. (With the Emergency Clause)) )City Engineer Gordon Grandy stated that he had no objection to adding a lower speed limit,during school hours, along Ironwood Drive between Southern Avenue to State Route 360,and suggested that the motion reflect the need for additional signage of 25 mph during hours of school operation. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to address the Council pertaining to this agenda item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.751,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano reiterated the location of the speed limit signs. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.751,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING THE SPEED LIMIT ON IRONWOOD DRIVE BETWEEN SOUTHERN AVENUE AND GUADALUPE AVENUE, ON IDAHO ROAD BETWEEN SOUTHERN AVENUE AND BASELINE AVENUE,ON BASELINE AVENUE BETWEEN TOMAHAWK ROAD AND IDAHO ROAD;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.751,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 10 ADDITIONAL SIGNS OF 25 MPH BETWEEN ROUTE 360 AND SOUTHERN DURING SCHOOL HOURS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.752,PZ-18-89, AGE SPECIFIC OVERLAY,REPEALING ORDINANCES 415 AND 480 )Planning Division Manager Jim Nakagawa explained that previously the Council declined to approve Ordinance No. 744 which would have amended Article 24 of the Zoning Ordinance pertaining to Age Specific Zoning,to bring i t into compliance with the recently enacted Federal Fair Housing Act.Mr.Nakagawa added that the Council gave direction to bring back an ordinance repealing Article 24,which the Planning and Zoning Commission has heard and recommends approval of. Councilman Vehon clarified that this ordinance will do away with Article 24 which allows for an Age Specific Overlay zoning and would repeal Ordinance 480 which placed that zoning over Apache Villa. to the public. Mayor Bluntschly opened the hearing Mr.Kenneth Robertson,1346 S. Saguaro Drive,Apache Junction,addressed the Council in opposition of repealing Article 24 and removing the Age Specific Zoning from Apache Villa. Mr.Duke Arnold,1980 W.13th Avenue,Apache Junction,resident of Apache Villa,spoke in opposition of the ordinance and asked that the residents be allowed to maintain their current lifestyle which Age Specific Overlay zoning permits. Mayor Bluntschly commented that the residents of Apache Villa don't seem to under this process and would the City Attorney explain. City Attorney David Alexander explained that several years ago legislation was passed on State level which permitted areas to be designated as Age Specific Overlay,Apache Villa residents then requested this designation,after which the Council passed an ordinance amending the City Zoning Ordinance to have an Age Specific Overlay and then passed an ordinance applying that Overlay to Apache Villa.Mr.Alexander further explained that the Council had this ability because Apache Villa had been developed as a retirement community and had age restrictions contained in REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 11 their covenants,however since then,cases occured where younger people were prohibited from areas although there was a housing shortage,causing HUD to pass regulations which Age Specific ordinances must comply with,which is why the previously denied ordinance was brought to the Council to allow conformance with these new regulations.Mr.Alexander stated that at that point the Council gave direction to bring an ordinance back which would repeal Age Specific Overlay zoning from the Zoning Ordinance entirely,however,this does not take away from any individual the right to enforce any contractual rights under the restrictive covenants that exist in Apache Villa. Mr.Alexander stated that when Age Specific Overlay was created in Apache Junction this also created i t as a crimi- nal offense and the City is now removing that "criminal offense",but i t in no way affects anyones civil legal rights through the deed restrictions.Mr. Alexander explained that i f this ordinance is not passed tonight,the city will still have a law on the books that is unenforceable,and the Council would have to make an amendment so that this law would be in conformance with Federal Law. Councilwoman Barker reiterated that the passage of this ordinance would not deny Apache Villa the right to be age specific through their private deed restrictions. Mr.Alexander agreed that the City cannot effect anything that is contained in those deed restrictions by passing a Zoning Ordinance. Ms Billie Carlson,1748 W.15th Avenue,Apache Junction,asked if a real estate agent sells to a younger person is i t then the responsibility of the residents of Apache Villa to get them out, and added that the police shouldn't have to be involved with the enforcement of Age Specific zoning. Councilwoman Alger explained that the comments on a police officer were made pertaining to the documentation required by having someone,a police officer,observe that the ordinance is being broken. Mr.Alexander stated that what Apache Villa appears to want is a law that makes i t a crime to be a young person living in Apache Villa,because a Zoning Ordinance establishes the crime of a misdemeanor i f i t is violated,and the discussions have been on how to prove someone guilty of the ordinance violation.Mr.Alexander further explained the court procedure for enforcing the Zoning Ordinance. Mr.Harry E.Weaver,1722 W.13th Avenue,Apache Junction,addressed the Council opposing the removal of Article 24 from the Zoning Ordinance,requested that Age Specific Overlay zoning remain in effect,and pointed out that the real estate industry should be edu- cated in the fact that they can't sell to younger people in Apache Villa. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 12 Ms Doris Manrey,1126 S.Palo Verde, Apache Junction,requested that Age Specific zoning remain in Apache Villa. Mr.Joe Saggio,543 N.Ironwood, Apache Junction,stated that the ordinance was passed with the Council knowing the deed restrictions gave civil recourse,and the Council appears to be renigging on this ordinance,and also that there are hundreds of statutes in this State which do not comply with Federal law. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger related that the Council is not trying to take away the peace and tranquility of Apache Villa,i t is protected by their CC&R 1s,but there is nothing the City can do to assist in the enforcement and will only get in the way by proceeding with criminal process. Ms Manrey replied that the residents of Apache Villa don't want to prosecute anyone criminally. Councilwoman Alger reiterated that the way the ordinances are established,it would have to be criminally prosecuted. Ms Wanda Meldrum,1324 S.Saguaro, Apache Junction,stated that there were no problems with the ordinance before, but by bringing this up will give other people the impression that they now can buy in Apache Villa without the age restriction. Mayor Bluntschly explained that in order to prove that a crime has been committed by violating the ordinance,an officer is going to have to visually document that those younger people have been there all of that time. Ms Meldrum commented that in one case,it was the Homeowners Association and the residents that cause the younger people to move,not the police or the City. Mayor Bluntschly further commented that this case was prior to the Age Specific Overlay zoning. Councilwoman Barker stated that Apache Villa is the only adult community that has Age Specific Overlay zoning, while all other adult communities are maintaining their adult style of living without youngsters moving in with only CC&R's. Councilwoman Alger MOVED THAT ORDINANCE NO.752 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 13 Councilwoman Barker seconded the motion. Vice Mayor Damiano explained that realtors should know what is in the deed restrictions and should not sell to those who do not meet the restrictions,and further explained the effect of the repeal of Article 24. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.752,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RESCINDING ORDINANCE NO.415,WHICH ENACTED ARTICLE 24,AGE SPECIFIC OVERLAY ZONING DISTRICT OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE;AND RESCINDING ORDINANCE NO.480,WHICH APPLIED THE AGE SPECIFIC OVERLAY TO THE APACHE VILLA SUBDIVISION;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.752,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. Councilman Eidson asked i f there was anyway the City can give these people a guarantee of Age Specific Overlay. Mr.Alexander stated that the way i t can be done is to amend the Zoning Ordinance to conform with Federal guidelines, which is what was previously denied by the Council. Councilman Eidson stated that they have a point in saying that this is a "deterrent",and possibly something could be done to say that at some point the City will take over the prosecution if a violation can in fact be proven. Councilman Eidson added that i t shouldn't be the City's responsibility to prove the violation,however maybe some kind of mention to real estate agents not to sell to younger people in this community could be made. Councilwoman Alger stated that realtors have a fudiciary responsibility to know these deed restrictions prior to selling the property,or they can be taken penalized by the State. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 14 Councilman Eidson asked again i f there is any way possible to give Apache Villa some assurance from the City. Mayor Bluntschly replied that according to the City Attorney there is not. Councilman Vehon stated that the residents of Apache Villa don't appear to understand the difference between the Age Specific Overlay and their deed restrictions,and suggested delaying this action to allow time to sit down and talk to them until they understand. VOTE:In Favor:Councilman Cox,Councilwoman Barker,Councilwoman Alger, Mayor Bluntschly Opposed:Councilman Vehon,Councilman Eidson,Vice Mayor Damiano The motion carried. Mayor Bluntschly recessed the meeting at 8:50 p.m. Mayor Bluntschly reconvened the meeting at 9:05 p.m. PROPOSED ORDINANCE NO.730,AMENDMENT TO THE CITY CODE,SECTIONS 13-2-3 AND SECTION 13-2-5 )City Attorney David Alexander recom- mended continuing this item until September 18th,as i t is necessary to address several matters including dedication of right-of-way,and time periods involved in delay of improvements,and that there will need to be changes made in the ordinance. Councilwoman Barker MOVED THAT ORDINANCE NO.730 BE POSTPONED UNTIL SEPTEMBER 18,1990,CITY COUNCIL MEETING. motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano seconded the PROPOSED ORDINANCE NO.753,PZ-9-90, AMENDMENT TO THE CITY CODE BY ADDING SECTION 9-2-15,INOPERATIVE VEHICLES ) )Planning Division Manager Jim Nakagawa stated that the Council gave previous direction to bring back an ordi- REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 15 nance implementing the code changes recommended by the Code Enforcement Committee,with two additional changes to be considered by the Planning and Zoning Commission on August 14th and by the Council on September 4th. Mr.Nakagawa further stated that Ordinance No.753 amends the City Code regarding inoperative vehicles and does not need to be considered by the Planning and Zoning Commission,and that at the work session last night Council indicated a desire to allow vehicles in the side yard as well as the rear yard. Mayor Bluntschly commented that this is only i f the rear yard is not accessible. Mr.Nakagawa suggested allowing side yards be allowed in addition to rear yards,as requiring enforcement personnel to make an additional determination as to whether access to the rear yard is feasible or not merely creates another area for dispute between the city and its citizens. Councilman Vehon asked i f once this ordinance is passed,how much time would those people in violation of the ordi- nance have to bring themselves into comformance. Mr.Alexander explained that this ordinance will not go into effect for 30 days,which allows for notification, and generally notification is given prior to issuing a citation. Councilman Vehon expressed concern that there may be people with several inoperative vehicles that are unable to move them that soon,and asked i f it would be possible to put something in the ordinance to allow them some kind of a grace period such as three months. Councilman Vehon added that he is in favor of cleaning up the junk cars in town,but also would like to be fair to those who do have them,and some of them will be grandfathered under the Zoning Ordinance. Mr.Alexander commented that Building Division personnel are reasonable and anytime a continuance is requested,i t has been granted,and that the problem usually occurs when the City is not contacted with a request for more time. Mayor Bluntschly stated that there shouldn't be a problem as long as there is a "good faith"effort on the part of the property owner. Councilman Vehon asked if making this a City Code violation instead of a Zoning Ordinance violation,would i t still involve the Building Division personnel in the issuing of citations. Vice Mayor Damiano commented that in the past property owners have always been given 30 days to comply,and if a time extension is requested i t has always been granted. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 16 City Clerk Kathleen Connelly stated that i f i t follows the same process as a litter violation,there is a lot of time allowed for compliance. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.753 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.753,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 9 (HEALTH AND SANITATION)OF THE CODE OF THE CITY OF APACHE JUNCTION,BY ADDING SECTION 9-2-15 (INOPERATIVE VEHICLES)TO ARTICLE 9-2;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.753,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT THE VEHICLES LISTED UNDER EXCEPTIONS I I AND III BE PERMITTED TO BE STORED IN THE SIDE YARDS ALSO. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 17 NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS CONSIDERATION OF DIRECTION TO DRAFT ORDINANCE TO PROVIDE FOR INCREASING MINIMUM LOT SIZE TO 20,000 SQUARE FEET OUTSIDE OF SUBDIVISIONS AND INCLUDING A POLICY FOR OFF -SITES. Councilwoman Alger requested that staff be given direction to increase the lot size for parcels outside of a subdivision as i t is difficult being able to acquire sufficient offsites that are needed for development of streets. Mayor Bluntschly asked i f there was anyone wishing to address the Council pertaining to this item. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,stated that offsites and septic tanks are a consideration, however,this eliminates more lot splits and residences which creates other eco- nomic considerations. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,TO DRAFT AN ORDINANCE TO PROVIDE FOR INCREASING MINIMUM LOT SIZE TO 20,000 SQUARE FEET OUTSIDE OF SUBDIVISIONS AND INCLUDING A POLICY STATEMENT FOR OFFSITES,THAT FOR SINGLE FAMILY RESIDENTIAL LOTS OF 20,000 SQUARE FEET WOULD NOT CALL FOR DEVELOPMENT OF ANY OF THE INFRASTRUCTURE,AND IF THE LOT IS SMALLER THAN 20,000 FEET THEY COULD STILL CREATE THE LOT BUT THE INFRASTRUCTURE WOULD BE REQUIRED TO GO ALONG WITH THAT LOT,IF IT WERE OUTSIDE OF A SUBDIVISION. Councilman Vehon seconded the motion. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Barker,Councilwoman Alger, Councilman Vehon,Mayor Bluntschly Opposed:Councilman Eidson,Councilman Cox The motion carried. CONSIDERATION OF ALTERNATIVE REVENUE SOURCE IDEAS AND DIRECTION TO STAFF. Assistant City Manager George Hoffman stated that as the City has increased services to the citizens such as streets,and parks,the City is faced with maintaining these services with fewer REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 18 and fewer dollars,and several months ago staff brought back to the Council ways that costs may be cut while improving efficiency.Mr.Hoffman stated that staff has also come up with 25 alternative methods of increasing revenue,and encouraged Council to consider whether the fee recovers the cost of doing busi- ness;do those who receive the benefits pay that cost;does the City remain com- parable with the East Valley;and should funds be considered for marketing tourist programs through a tourist tax,delay this until the Chamber of Commerce completes their marketing study and come back with a recommendation. Mayor Bluntschly asked what type of direction is staff seeking. Mr.Hoffman explained that some of these alternatives can be implemented tonight,some will require drafting of an ordinance for action,and direction is desired on which of those to proceed with and on which alternatives the Council would not wish any further action taken. Mayor Bluntschly informed the Council that there are several requests to speak on this item. Mr.Norm LeSage,333 W.Apache Trail,Apache Junction,new owner of the Longhorn Saloon,spoke in opposition to increasing fees or taxes for liquor/restaurant type of businesses. Ms Pat Nelson,1543 S.Warner, Apache Junction,manager of Las Vaqueros Restaurant and Lounge,addressed the Council opposing the proposed alternative for an increase in business license and liquor license fees. Ms Betsy Grandlich,8044 E.Hermosa Drive,Mesa,owner of The Superstition/Grand Hotel located at 201 W.Apache Trail,Apache Junction,also spoke in opposition to the alternative for an increase in liquor license fees. Ms Jean Perkins addressed the Council stating that everyone is going to have to work together to come up with alternative revenue sources. Mr.Arlie Meyers,855 E.Desert, Apache Junction,spoke in opposition to increasing the business license fees. Ms Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the Council suggesting a trailer "pad"tax. Mr.Michael Parks,Dirtwater Springs,586 W.Apache Trail,Apache Junction,stated that he could understand a small increase in liquor license fees but not the amount proposed. Mr.Bill McDaniel,owner of the Winchester Retaurant and Lounge,417 W.Winchester,Apache Junction,addressed the Council opposing the increase in liquor license. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 19 Mr.William Rawlins,574 W. Greasewood,Apache Junction,owner of Gil's Carpet Store,suggested that as the State is in a recession and jobs are not plentiful,this is not the time to raise taxes. Mr.Keith Hilgendorf,Executive Director of the Chamber of Commerce,1075 W.Smoketree,Apache Junction,stated that representatives of Apache Junction,Casa Grande,and Coolidge,addressed the Pinal County Board of Supervisors in an attempt to dissuade them from passing the 1/2t increase in sales tax,although the Board of Supervisors did pass the additional tax.Mr.Hilgendorf stated that the City's increase in sales tax did not double the revenue as anticipated and is also going to feel the effects of the County increase in tax by losing sales in the City. Ms Cleo Johnson,1408 W.Apache Trail,Apache Junction,addressed the Council,pointing out that most of the business people have given the City loyalty throughout the years and asked that the City do the same. Councilman Vehon pointed out the items that he has no interest in proceeding with as,"Request by Applicant for Research/Plans Review";the need for more information on the "Tourist Tax"prior to any action being taken;the "Use Tax"is not appropriate at this time;the "Business License Fees"and the "Liquor License Fees"both require more input from the business community. Councilman Eidson asked what exactly is done when there is a reinspection of manufactured home installations. Building Official Charles Coleman explained that the City has an intergovernmental agreement with the State to monitor installations of mobile homes,to guarantee that they are installed in comformance with State regulations,and this item was requested by the State over a year ago. Councilman Eidson asked why only one Conditional Use Permit is sited as an increase in the fee. Planning Division Manager Jim Nakagawa commented that this is based upon historical figures. Councilman Eidson stated that the Development Impact Fee/Excise Fee will eventually run the businesses out of town,as new development does pay for itself.Councilman Eidson also stated that he would not support an increase in business license fees until everyone doing business in the City has a license,and further,that an increase in liquor license fees should be examined closely prior to any action. Councilman Cox commented that the tourist tax is going to impact the year-round residents more then the tourists, and also that the liquor license fee increase as proposed is too high. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 20 Vice Mayor Damiano agreed with Councilman Cox on the tourist tax,and also that we should wait for the Chamber of Commerce research before acting,and stated that he doesn't know about the business license fees,and further stated that regarding the liquor license fee increase -having heard the business people express their views,they're not dummies like some of those on the Council.Vice Mayor Damiano suggested forming a committee to address the liquor license fee increase,and further stated that the City can generate funds by stopping spending and reducing the sales tax by 1%,which may bring sales back into the City. Councilwoman Alger agreed with most of what Councilman Vehon stated,stated that the notary fees should not be pursued,and requested that the Chamber of Commerce get together and come up with some way that the City can pay the bills,keep the services,and not have to come back with additional taxes.Councilwoman Alger commented that it may be possible to reduce the sales tax by 1%i f other sources of revenue could be found. Councilwoman Barker stated that the business people have made good comments,including Vice Mayor Damiano's idea of a committee;agreed that notary fees could cause problems;stated that there needs to be more information on research fees;that the Use Tax could cause problems with enforcement but may work;and agreed with Councilman Eidson on the business license fee increase. Mayor Bluntschly agreed that the liquor license fees should be looked at further,especially since the liquor industry does demand more service in law enforcement and stated that the Use Tax should not be pursued,and with the expected shortfall in the next budget there will have to be either a cut in service or increase in revenue. Mr.Hoffman outlined the comments made by Council,that more specifics on the Research/Plan Review alternative are desired;at least one who wants a hard look taken on Development Impact Fees;at least five wish to ease up on the Tourist Tax option,some wish the Chamber allowed some time on that;four indicated no interest in the Use Tax coming back;almost all indicated closer scrutiny on the business license tax,and wish involvement on that with the Chamber of Commerce with similar comments on the liquor license fee increase;and at least three don't wish a fee for notary service. Mr.Hoffman added that those that need to come back to Council will be prepared in adoption form. Councilman Vehon asked if a motion needs to be made. Councilwoman Barker thanked the business people for coming to the meeting and for staying through the long meeting. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 21 Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE ASSISTANT CITY MANAGER,THROUGH THE CITY MANAGER,TO PROCEED WITH THE IMPLEMENTATION OF THE FOLLOWING ALTERNATIVE REVENUE SOURCES: AS DISCUSSED THIS EVENING AND AS SUMMARIZED BY THE ASSISTANT CITY MANAGER. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: WORK SESSION,EXECUTIVE SESSION, SEPTEMBER 4,1990 JOINT WORK SESSION BETWEEN THE ECONOMIC DEVELOPMENT COMMISSION/ PLANNING AND ZONING COMMISSION/ CITY COUNCIL )Councilwoman Alger MOVED THAT A WORK SESSION BE HELD AT 6:00 P.M.ON SEPTEMBER 4,1990,IN THE CITY COUNCIL CHAMBERS, AND THAT AN EXECUTIVE SESSION BE HELD FOLLOWING THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 4,1990,IF NECESSARY; AND THAT A JOINT SESSION WITH THE ECONOMIC DEVELOPMENT COMMISSION,CITY COUNCIL, AND THE PLANNING AND ZONING COMMISSION,BE HELD ON SEPTEMBER 27,1990,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 10:25 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 22 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of July 17,1990. 3.Letter of Intent to participate in acquisition of right-of-way with Pinal County Flood Control District for Weekes Wash Flood Control Dam. 4.Resolution No.90-30,Supporting Pinal County Community Development Block Grant Program Application for FY 90/91 for the construction of a storage and distribution center for the Apache Junction Food Bank and also for providing housing rehabilitation grants for persons outside of,but adjacent to,the City limits. 5.Authorization for the purchase of three police vehicles through State Contract. 6.Authorization to forward to Pinal County street light improvement district listing for collection of taxes. 7.Appointment of members to the Economic Development Commission. 8.Appointment of member to Planning and Zoning Commission. 9.Appointment of members to Parks and Recreation Commission. 10.Authorization to use Master Intergovernmental Agreement with Apache Junction Unified School District. 11.Ratification of Resolutions submitted to League of Arizona Cities and Towns Resolutions Committee by the City of Apache Junction for inclusion in 1991 Municipal Policy Statement. 12.Resolution No.90-29,requesting 1991 Pinal County Town Hall be held in Apache Junction at the Grand Center. 13.Approval of Human Service Agreements for Superstition Mountain Mental Health,the Salvation Army,East Valley Catholic Social Services,and the Community Action Human Resources Agency. 14.Resolution No.90-28,supporting the development of a capital improvement plan,commitment to providing matching funds for the grant,and a commitment to adopt and fund implementation of the capital improvement plan. 15.Approval of Economic Development Agreement between the City of Apache Junction and the Apache Junction Chamber of Commerce for Fiscal Year 1990-91. 16.Authorization to participate with Pinal County on a bid for the application of dust palliative/Raybinder for the purposes of dust control on dirt roads. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 23 17.Authorization to pay membership dues to the Central Arizona Association of Governments for FY 1991. 18.Resolution No.90-32,Endorsing sponsorship and participation in Keep America Beautiful System and also appointing three persons to the organiza- tional team for training. 4THACCEPTEDTHIS DAY OF SEPTEMBER COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED THIS 6TH DAY OF SEPTEMBER ATTEST: ,1990,BY THE MAYOR AND CITY KATHLEEN CONNELLY 4rLitLierK KENNETH BLUNTSCHLY Mayor CITY COUNCIL MINUTES CERTIFICATION ,1990. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 7th day of August,1990.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 24 Dated this ag2 day of 1990. KATHLEEN City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,1990 PAGE 25 NNELLY