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HomeMy WebLinkAbout1990-09-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 4,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 4,1990,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 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Vehon 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 Director of Development Services Adriane Brown -White Parks and Recreation Director Jeff Bell Planning Division Manager Jim Nakagawa Economic Development Specialist John Schoeph Assistant Planner Bob Dunn Assistant Planner Rudy Esquivias City Engineer Gordon Grandy Operations Supervisor Doug Dobson Ms Mary Gauthier 1625 N.Prospector Rd. Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 1 Ms Grace Schenck 269 N.Winchester Apache Junction,Arizona Mr.Michael Parks 586 W.Apache Trail Apache Junction,Arizona Mr.James Fox 8701 E.Balsam Mesa,AZ Ms Susan Brenton,Executive Director Arizona Association of Manufactured Homeowners 20 E.Main St.,Suite 710 Mesa,AZ 85201 Mr.Jerry Michaels 715 E.Linda Avenue Apache Junction,Arizona Ms Betty Knipple 400 N.Plaza Apache Junction,Arizona Ms Betty Jarvis 200 E.Southern Apache Junction,Arizona Mr.Harold Rigg Roadhaven Resort Mr.William Rawlins 574 W.Greasewood Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilman Vehon MOVED THAT CONSENT AGENDA ITEM NOS.1 -5 BE ACCEPTED AS PRESENTED; NO.3 AND THAT THE BIDS BE AWARDED AS FOLLOWS: PW-90-11,UNIFORM RENTAL TO PRUDENTIAL OVERALL SUPPLY FOR $4.50 PER WEEK PER PERSON PW-90-12,CORROGATED METAL PIPE TO CONTECH FOR PRICE AS QUOTED,NOT TO EXCEED $50,000 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 2 PW-90-13,LEASE PURCHASE ROLLER,THAT ALL BIDS BE REJECTED PW-90-14,VEHICLES TO BERGE FORD FOR TWO PICKUPS,AT $11,067.48 EACH AND ONE UTILITY TRUCK FOR $14,673.96 PW-90-16,TIRES TO ROBERTS TIRES FOR 56 ASSORTED EQUIPMENT TIRES AT $12,150.00; NO.4 AND THAT THE DIRECTOR OF PUBLIC WORKS,THROUGH THE CITY MANAGER,BE AUTHORIZED TO POSTPONE THE OPENING OF 4TH AVENUE SUBSEQUENT TO THE COMPLETION OF THE INTERSECTION IMPROVEMENTS AT IRONWOOD DRIVE AND APACHE TRAIL; NO.5 AND THAT RESOLUTION NO.90-33,ENDORSING PARTICIPATION IN THE PINAL COUNTY ENTERPRISE ZONE AND THE CREATION OF A JOINT ENTERPRISE ZONE COMMISSION,BE APPROVED AND ADOPTED; AND THAT ITEM NO.14,DIRECTION TO STAFF,BE MOVED UP TO RIGHT AFTER THE "CITY MANAGER'S REPORT". motion. Item No.5 requests an appointment. Vice Mayor Damiano seconded the Councilman Eidson pointed out that City Clerk Kathleen Connelly com- mented that there are two names in the resolution,and that one of those may need to be changed. Councilwoman Barker stated that her name would have to be withdrawn from the resolution due to the meetings taking place during her work hours. second. Vice Mayor Damiano withdrew the Councilman Vehon added to the motion:THAT UNDER ITEM NO.5,ROBIN BARKER BE WITHDRAWN AND ALLOW THE MAYOR TO APPOINT ANOTHER MEMBER OF THE COUNCIL TO THE COMMISSION. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 3 Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Michael R.Lee reported that the recent storm damage cost an estimated $18,876.00 which includes man-hours,equipment hours and rental of equipment,and also last nights storm incurred approximately $3,000 to $5,000. Mr.Lee reported that the CDBG project on Virginia and Ohio was completed in time to make the City eligible for the Federal funds.Mr.Lee stated that mem- bers of CAAG have been displeased with staff support,and that Mayor Bluntschly is chairman of an evaluation committee to evaluate the Executive Director.Mr. Lee added that several members of CAAG are withholding fees,which could impact the City of Apache Junction by raising the fee paid by the City. Councilman Vehon asked i f there would be striping done on those roads just paved. Mr.Lee replied that those types of residential streets are not striped. Mr.Lee stated that recommendations for the Service First Policy and Policy and Appointments to Boards and Commissions,will be submitted to the Council at the next regular meeting. Mayor Bluntschly thanked the Operations crews,Engineering,and the Police Department,on behalf of the Council,for bringing this project to a conclusion. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS Consideration of a request to sublease Bureau of Land Management Land at Wickiup and Superstition.This is 5 acres on the northeast corner to be developed into a youth recreation park. Councilwoman Alger explained that this request was made on behalf of the Abuse Prevention Council and the Skateboard Club,and called on representative Mary Gauthier. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 4 Ms Mary Gauthier,1625 N.Prospector Rd.,Apache Junction,Treasurer of the Abuse Prevention Council,addressed the Council with presentation of a proposal for the youth recreational park.Ms Gauthier explained that the first project would be to pour a slab of concrete for skateboarders,with future plans for BMX bicyclers,roller skaters and tables for picnics and spectators,and added that they would be working with the Parks and Recreation Department on the projects. Vice Mayor Damiano asked i f the Abuse Prevention Council is incorporated in compliance with State law. Ms Gauthier replied that they are. Vice Mayor Damiano asked i f the organization is a non-profit corporation under State and Federal rules. Ms Gauthier replied that they are a non-profit organization. Vice Mayor Damiano asked i f they will be able to provide a park development plan,necessary liability insurance,and any other required insurances. Ms Gauthier answered that they will. Vice Mayor Damiano asked the City Attorney i f is it appropriate for a Councilmember to make this request on behalf of another organization. City Attorney David Alexander replied that there is nothing wrong with a Councilperson requesting an agenda item,and as long as i t is a non-profit cor- poration,Councilmembers may participate in those types of activities as long as they are not getting any type of personal benefit from that organization. Mr.Alexander concluded that there are no apparent violations of the conflict of interest law in this situation. Mayor Bluntschly asked Parks and Recreation Director Jeff Bell i f this is the appropriate "starting place"for this request. Parks and Recreation Director Jeff Bell stated that although the group did make a formal presentation to the Parks Board,the Board has not been able to make a recommendation to the Council and this should be involved in the process. Mr.Bell further stated that the five acres was obtained simultaneously with the 1600 acres for the Equestrian Trail,so i t has been proposed to BLM for equestrian -type uses making i t necessary to receive authorization from BLM to change the use. Mayor Bluntschly asked i f Parks would make the request to BLM. Mr.Bell pointed out that the agenda item was worded to include the develop- ment,operation and maintenance of the site,which would make a difference liability -wise,as the City would have to be named as an additional insured on the organizations insurance.Mr.Bell further pointed out that other organiza- tions have attempted this type of proposal in the past with little success,and REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 5 suggested taking a hard look at this with all of the necessary steps prior to making a decision. Councilwoman Alger agreed with Mr.Bell that there are other steps necessary,and that the purpose tonight is to obtain the Council's input before going any further with the project. Councilwoman Barker asked what specifically is the organization asking for tonight,if a lease is not being requested at this time. Councilwoman Alger replied that they are asking for direction to staff to begin the investigation,i f the Council looks upon this proposal with approval, not for preparation of a lease. Councilwoman Barker asked Mr.Bell how long it would take to go through the Parks and Recreation Commission and BLM. Mr.Bell replied it would take about 60 days for the initial steps. Mr.Alexander commented that the last time an application was submitted to BLM a plan was also included,which speeded up the process,so without a plan i t may take longer. Mayor Bluntschly stated that i t is premature to ask the Council whether they are in favor of the proposal or not without any plan in existence or BLM's acceptance. Councilwoman Barker asked i f these comments are saying that a plan is necessary at this time prior to proceeding. Mayor Bluntschly replied that a plan should go to the Parks and Recreation Commission for recommendation as to whether the proposal is feasible,and i f that is acceptable to BLM,i t can come back to the Council at that time. Councilwoman Alger stated that the group is not intending to waste staff time i f the Council is not in favor of this idea. Councilman Eidson asked where we would be i f the Parks and Recreation Commission comes back with a negative recommendation. Councilwoman Barker replied that i f the recommendation is negative,nothing more would be done with it. Mayor Bluntschly stated that the Parks and Recreation Commission has already heard the presentation,and should be forwarding a recommendation soon. Councilwoman Alger asked i f the Council indicates approval of the proposal, isn't the Parks Board more likely to recommend approval. Mr.Bell replied that it would,as many times the Parks Board feels left out of the process. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 6 Councilman Vehon commented that this proposal was initiated because of the lack of places for kids to skateboard,with problems occuring when kids skate- boarded in shopping center parking lots. Councilwoman Barker MOVED THAT THE PARKS AND RECREATION COMMISSION BE GIVEN DIRECTION TO FURTHER CONSIDER THE YOUTH RECREATION PARK AND RETURN THEIR FINDINGS TO THE CITY COUNCIL AS SOON AS POSSIBLE. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 7:28 p.m. Mayor Bluntschly reconvened the meeting at 7:35 p.m. PUBLIC HEARINGS ARIZONA DEPARTMENT OF TRANSPORTATION'S IDAHO ROAD DESIGN AT SCENIC ROAD )City Engineer Gordon Grandy stated that the Arizona Department of Transportation's design proposal for the inter- section is to cul-de-sac Scenic Road,so it would not be part of the Idaho Road/State Route 88 intersection,and additionally explained the turn signals and route alternatives. Councilman Vehon stated that the Transportation Board is recommending this design,rejected the diagonal design, considered the one-way option of Scenic that the Council recommended two years ago,and rejected that option also. Councilwoman Barker clarified that the Transportation Board did not actually reject the one-way option,but that ADOT informed them that they were not real interested in that option,so in order to reach a viable conclusion that option was put aside and the cul-de-sac option proposed by ADOT was accepted. Ms Grace Schenck,269 N.Winchester, Apache Junction,addressed the Council in opposition to the recommended cul-de- sac,due to having the trailer park residents cut off. Councilman Eidson commented that the City is not doing this,i t is the State's option,and the City tried to come up with a different alternative. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 7 Mayor Bluntschly explained that in the past four years,many different alternatives have been considered and the most viable to the Council was the one-way option,but ADOT really doesn't care what the City wants and will basically do what they want. Mayor Bluntschly asked i f there was anyone else wishing to speak. Mr.Michael Parks,586 W.Apache Trail,Apache Junction,addressed the Council reiterating the fact that the original design by ADOT seems to be the most cost effective and safe. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Barker MOVED THAT THE ARIZONA DEPARTMENT OF TRANSPORTATION CURRENT PLANS TO CUL-DE-SAC SCENIC STREET, BE ACCEPTED AS PRESENTED. motion. Councilwoman Alger seconded the Councilman Eidson stated that i f he were a resident or business owner out on Scenic,he wouldn't like this. Councilman Vehon commented that the last time the Council heard this he was very vocal in opposition to this option, but the other alternatives are much worse in cost and safety factors. Mayor Bluntschly stated that ADOT wants to get rid of U.S.60,but they don't like the City's alternative because of safety hazards to them,but ADOT's plan only causes more hazards in a dif- ferent area of the City. Councilwoman Alger stated that deve- lopers of subdivisions have used cul-de-sacs to keep traffic to a minimum;and it may do that with Scenic,eliminating some of the hazards,and further stated that she agrees with the Transportation Boards recommendation. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Vehon Opposed:Councilman Eidson,Vice Mayor Damiano,Councilman Cox, Mayor Bluntschly The motion failed. City Engineer Gordon Grandy asked that the Council make some recommendation to send back to ADOT. Mayor Bluntschly replied that the Council made one recommendation,and that should remain. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 8 Councilwoman Alger asked what the cost would be to the City for the one-way alternative,and that she had heard i t would be $300,000. Mr.Grandy replied that this was not accurate,it would cost some for construction,and the City would have to pre- pare a cost estimate,however,ADOT has indicated they are not in favor of the option so they may do what they want anyway. Councilman Vehon pointed out that the one-way option will not help with access to the park on Winchester. Mr.Grandy agreed. Mayor Bluntschly stated that in absence of any other direction,the original motion by the Council regarding the intersection should prevail. PROPOSED ORDINANCE NO.757,AMENDING MEMBERSHIP OF THE TRANSPORTATION BOARD ) )City Clerk Kathleen Connelly explained that this ordinance restructures the membership of the Transportation Board,and recommended changes to,first,allow greater citizen participation, and to bring i t into compliance with other existing ordinances. Vice Mayor Damiano commented that he Is in favor of eliminating the voting councilmember on the Board. Councilwoman Alger agreed and also questioned the feasibility of requiring a board member to pay dues to another organization just to be part of the Board. Councilman Vehon asked the City Attorney if a person currently on the Board does not fall into one of the cate- gories as proposed,will that person be removed from the Board prior to their expiration date by the passage of this ordinance. City Attorney David Alexander replied that this essentially does away with the old Transportation Board. Councilman Vehon asked if at some point new members will need to be appointed. Mr.Alexander confirmed this,and that appointments may be made within 30 days,as the ordinance will not take effect until then. Mayor Bluntschly asked i f there was anyone wishing to address the Council on this ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 9 Councilwoman Barker MOVED THAT ORDINANCE NO.757 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.757,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,ARTICLE 2-17 APACHE JUNCTION TRANSPORTATION BOARD,SECTION 2-17-2 MEMBERSHIP AND TERMS OF OFFICE; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.757,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: SECTION 2-17-2A LINE 4,DELETE THE WORDS "ONE MEMBER OF THE CHAMBER OF COMMERCE",ALSO DELETE ONE MEMBER OF THE CITY COUNCIL ON LINE 5,AND DELETE THE WORD "THREE"AND INSERT INSTEAD THE WORD "FIVE",ALSO ON LINE 5.AT THE END OF THAT SENTENCE WHICH ENDS IN "MEMBERS",INSERT "AT LEAST FOUR OF THE MEMBERS OF THIS COMMISSION SHALL BE RESIDENTS OF THE CITY".THEN,IN SUBSECTION C LINE 1, DELETE THE WORD "THREE"AND INSERT THE WORD "FIVE"-STILL IN LINE 1 OF THAT SUBSECTION,DELETE THE WORDS "SHALL BE RESIDENTS OF THE CITY".IN LINE 3 OF SUBSECTION C,DELETE THE WORD "AND"AND ADD THE WORD "THREE"AND AS PART OF THAT SENTENCE ADD "AND TWO EXPIRING JUNE 30,1992". Councilwoman Alger seconded the motion. Councilman Vehon asked i f it would still be feasible to allow the existing members to remain until the expiration of their terms,so that they would be replaced one by one according to this ordinance. Councilwoman Alger asked i f i t is mandatory to replace this Board,and that they meet the criteria established. City Manager Michael R.Lee stated that the problem is that some of the existing members don't meet the "old" criteria. Councilwoman Alger asked i f they will meet the "new"criteria. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 10 Councilwoman Barker replied that they will not. Mayor Bluntschly suggested that this ordinance be approved,i f that is the Council's wish,and appoint new members at the next meeting. Councilman Vehon further expressed concern that the existing members probably could not meet the criteria under these new guidelines. Councilwoman Barker added that the Transportation Board unanimously approved the majority of the board being resi- dents of the City. Ms Connelly clarified that there is still room on the Board for nonresident members. Councilman Eidson commented that he hoped that the Council didn't intend make a habit of appointing members to a board one month and removing them the next. Vice Mayor Damiano asked which mem- bers could be residents. Councilwoman Barker replied that the motion doesn't require that the "citizen"members all must be residents,but at least four of the entire membership. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:05 p.m. Mayor Bluntschly reconvened the meeting at 8:16 p.m. LONGHORN SALOON -PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE applicant. introduced himself to the Council. )Mayor Bluntschly called on the Mr.James Fox,8701 E.Balsam,Mesa, Mayor Bluntschly 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. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 11 Councilwoman Alger MOVED THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MR. JAMES FOX FOR THE LONGHORN SALOON,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.756,PZ-10-90, COMMERCIAL "MARKET DAYS"AS A CONDITIONAL USE )Councilwoman Alger asked i f it would be more appropriate to postpone this item until there are more residents in the parks. City Attorney David Alexander suggested opening the public hearing for purpose of public input and then post- poning a decision. Planning Division Manager Jim Nakagawa stated that this is a Council initiated amendment to the Zoning Ordinance to allow for Market Days in mobile home and RV parks.And as it was the desire of the Council not to prohibit these activities.The definition was refined;the concern of a commercial use taking place in a residential area exa- mined and suggested signage be prohibited so that i t doesn't resemble a commer- cial facility.Mr.Nakagawa further stated that the Planning and Zoning Commission recommended approval of the provision with the stipulations which are included in Ordinance No.756. Councilman Vehon clarified that this would allow commercial vendors into mobile home and travel trailer parks i f they obtain a conditional use permit one day per week. Mr.Nakagawa pointed out that i t would not be the vendors who would be responsible for obtaining the CUP,but the park owners through the managers. Councilman Vehon asked if a CUP would be necessary i f the park residents only wished to sell,inviting the public,would this already be allowed. under that impression. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 12 Mr.Nakagawa replied that he was Ms Connelly stated that 1982 Ordinance allows the sale of handi-crafted items by the residents,but is not to be open to the public. Councilman Vehon commented that even though a person may have a "garage sale"in residential areas,this is not allowed in a park. Councilman Eidson pointed out that no one would be allowed to sell vegetables,toys,candy,cookies,breads,tools, and stated that this is trying to go in the back door to put these people out of business. Councilwoman Alger agreed,and stated that she didn't remember this being part of the original direction given by Council,and that the intent was to provide a way for the parks to do this legally as currently i t is illegal. Councilman Vehon asked i f the park residents actually want public to come in to buy,or do they only wish commer- cial vendors to come in for the purpose of selling to park residents. Vice Mayor Damiano commented that he feels the whole ordinance should be rewritten,and suggested that the Council "bend"a little. Mr.Nakagawa explained that the reason the park managers appeared to want outside vendors to come in was that some of the park residents cannot go outside to do shopping,and this was bene- ficial for them.Mr.Nakagawa further explained that to invite the public in would change the nature of the use,but a visitor once in a while participating wouldn't raise a problem. Mr.Nakagawa added that there are some food sales allowed,such as coffee and donuts,as long as health issues are raised. Councilman Eidson pointed out that Mesa appears to be real lax in enforcement with this issue,and that the origi- nal point was to ensure the vendors pay their sales tax. Director of Development Services Adriane Brown -White stated that the concern is that with the larger scale you have,then a commercial use is ocurring in a residential district,which is the reason for some of the restrictions in the ordinance. City Clerk Kathleen Connelly explained that as the sales are currently conducted,they are illegal under the Zoning Ordinance,and to ignore that is throwing out the code enforcement program and that what is allowed under one residential district also has to be REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 13 allowed under other residential district.Ms Connelly stated that the parks wanted these sales to be allowed when the park residents return,so a delay will mean allowing illegal sales to continue. Councilman Vehon pointed out that City Clerk Kathleen Connelly did send out letters to the mobile home parks prior to this issue being brought to the Council,to allow for their input. Ms Connelly stated that this has been worked on since May. Councilman Eidson asked why this is the only City in Arizona that has to take this route to control things,and there wasn't good response to the letter because people feel that City Hall will do what they want anyway. Ms Connelly stated that there are only three parks doing this type of sales,and two of those were represented in process. Councilman Cox stated that i f others are going to be allowed to sell without obtaining a business license,he would vote to eliminate the requirement for licensing,as they should all be treated the same. Mr.Nakagawa replied to Councilman Eidson's comments on Mesa's Boutique regulations,stating that some of their ideas were borrowed for our proposed guidelines,but the main distinction is that their boutiques only occur during the holiday season and in residential areas. there are large Market Days in Mesa. Councilman Eidson pointed out that Mr.Nakagawa replied that the City of Mesa considers those illegal,but does not enforce that. Ms Connelly explained that the City of Mesa has said they prefer not to enforce those rules. Councilwoman Alger asked what this ordinance is attempting to enforce. Ms Connelly replied that the attempt is being made to allow the sales legally;to get the commercial vendors licen- sed;and to collect any sales tax that is due from those vendors. Councilwoman Alger asked if mobile home parks aren't licensed already to do business. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 14 Ms Connelly answered that they are licensed as a mobile home park to lease and rent spaces. fee is the same as retail businesses. Councilwoman Alger asked i f their Ms Connelly answered that they do. Councilwoman Alger asked why i t is so difficult to give them a permit to have Market Days,i f they are already licensed and the vendors are licensed. Ms Connelly replied that i t is because i t is not a permitted use for that zoning district. Councilwoman Alger stated that i t would be with a Conditional Use Permit. Mr.Nakagawa explained that because they are a slightly different type of residential district,it would be allowed with a Conditional Use Permit in order to limit the impacts with this quasi- commercial activity. Councilwoman Alger commented that the statement was made that all residential zoning districts have to be treated the same,but the difference between others and a mobile home park needs to be kept in mind. to the public. Mayor Bluntschly opened the hearing Ms Susan Brenton,Executive Director of the Arizona Association of Manufactured Homeowners,20 E.Main St.,Suite 710,Mesa,AZ 85201,addressed the Council with concerns about the timing of this issue as many residents are not back as yet,and asked that this be post- poned to allow for a study committee for further input. Mr.Jerry Michaels,715 E.Linda Avenue,Apache Junction,addressed the Council stating that once a week is what the parks want for the Market Days,and further that control on the sales would be good. Ms Betty Knipple,400 N.Plaza, Apache Junction,representing Lost Dutchman Travel Trailer Park,stated that her predecessor was present during the study of this issue,and requested for more study on the issue before the Council takes action. Ms Betty Jarvis,200 E.Southern, Apache Junction,Manager of Superstition RV Resort,stated that they have craft REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 15 sales one day a month in the park and at other craft shows,and further stated that the City is not giving the mobile home industry a "fair shake". Mr.Harold Rigg,Manager of Roadhaven Resort,stated that they never received a letter regarding this issue, and requested an opportunity to have input on these regulations. Mayor Bluntschly commented that at this point,the sales are illegal. Councilwoman Alger pointed out that they are only illegal i f commercial vendors are involved. City Clerk Kathleen Connelly clarified that there are some people selling commercial items,and those would have to be licensed,but that those selling handicrafts can do so now. Ms Grace Schenck,239 N.Winchester Road,Apache Junction,asked i f the park buys this conditional use permit,the commerical vendors can come in without a business license. Mayor Bluntschly replied that this is not the case,they would have to be licensed. Ms Schenck stated that they are the ones who should be licensed,and asked who is responsible for collecting the sales tax. Mayor Bluntschly replied that the vendor is responsible for paying it,and that the State collects the tax. Ms Schenck also commented that i t will not be practical to enforce "visitors"attending the sales,and that the regulations need to be refined. Mr.William Rawlins,574 W. Greasewood,Apache Junction,business owner,asked if a license would have to be obtained for every single park in which sales were conducted. Ms Connelly replied that each park would be considered a separate location,so a separate license would be necessary. Mr.Rawlins stated that he agreed with this as he had to obtain two licenses -for his business and for park n' swap. Mayor Bluntschly pointed out that Circle K has to buy a license for every location. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 16 There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Mr.Nakagawa addressed one of the concerns raised,stating that enforcement would mostly be in the case of signage,not checking ID's of visitors. Councilman Vehon explained that pre- viously there was an agreement between the City and the parks that residents could sell to each other,but in the past couple of years commercial vendors have been selling in the parks unlicensed,turning this into a commercial operation for themselves.I t is the City's responsibility to try to fix this situation. Councilman Eidson asked i f "grandfather"rights will apply to this as some of the parks have had these sales for years. City Attorney David Alexander stated that in order to obtain a vested right,it would exist only to the extent that the activity was in existence prior to 1985 only as intense as it was prior to that date. City Clerk Kathleen Connelly pointed out that those vendors selling at that period would still have a sales tax obligation. Mr.Alexander agreed,and that vested rights only applies to the zoning activity. Councilman Eidson MOVED THAT ORDINANCE NO.756,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.756,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE 6 OF THE APACHE JUNCTION ZONING ORDINANCE,BY AMENDING SECTION 6.0101(5.n.)TO PERMIT COMMERCIAL SALES OF GOODS AND SERVICES IN MOBILE HOME PARKS AND RECREATIONAL VEHICLES PARKS AS A CONDITIONAL USE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 17 Councilman Eidson MOVED THAT ORDINANCE NO.756,AS READ BY THE CITY CLERK,BE DENIED,WITH THE STIPULATION THAT A COMMITTEE BE FORMED OF PARK OWNERS,MANAGER,OR REPRESENTATIVES,AND THAT CITY STAFF BRING BACK AT THE EARLIEST TIME POSSIBLE AFTER IT GOES TO THE PLANNING AND ZONING COMMISSION,AS SOON AS POSSIBLE CONCERNING THIS ITEM. Vice Mayor Damiano seconded the motion. Councilman Vehon asked i f i t wouldn't be easier to postpone this item,to allow for staff to get together with the parks,rather than deny this and start all over. Mayor Bluntschly commented that i t would save on advertising fees. Councilman Eidson and Vice Mayor Damiano withdrew the motion and second. Councilman Vehon MOVED THAT ORDINANCE NO.756 BE CONTINUED UNTIL SUCH TIME THAT STAFF HAS AN OPPORTUNITY TO GET BACK TOGETHER WITH THE REPRESENTATIVES FROM THE LOCAL MOBILE HOME AND RV PARKS TO BRING A RECOMMENDATION BACK TO COUNCIL ON THIS. Vice Mayor Damiano seconded the motion. Councilwoman Barker stated that the staff understands the haste involved,as i t shouldn't be put off until next May. Councilman Vehon clarified that the commercial sales in parks will continue to be illegal as far as zoning,but that inhouse handicrafts are still legal. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.746,AMENDING CITY CODE CHAPTER 8,BUSINESS LICENSES )City Clerk Kathleen Connelly stated that a portion of this ordinance would be inappropriate in light of the previous action,however,a portion of i t deals with the revocation and suspension proce- dure does need to go forward to allow for conformity in the City Code. Ms Connelly asked the City Attorney i f there would be a problem with bringing back that portion at a later date. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 18 City Attorney David Alexander replied that that shouldn't be a problem. Mayor Bluntschly asked i f there was anyone who wished to address the Council on this ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Eidson stated that taking away someone's license may be justified in some cases,but those things have a way of getting out of hand. Councilman Eidson further stated that we have a lot of things in black and white that we didn't have that we wasn't gonna let i t do,and this should have a hearing process. Ms Connelly explained that there is a hearing process referenced in the ordinance,which is something that pre- viously did not exist. Councilwoman Barker MOVED THAT ORDINANCE NO.746,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.746,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-2 AUCTIONS,PAWNSHOPS AND SECOND HAND DEALERS;ARTICLE 8-4 OPERATION OF BATH HOUSES,MASSAGE PARLORS AND THERAPY CENTERS;ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX;ARTICLE 8-6 SWAP MEET OPERATIONS PERTAINING TO REVOCATION AND SUSPENSION OF LICENSES;AND ADDING A NEW ARTICLE 8-9 PERTAINING TO SALES WITHIN MOBILE HOME AND RV PARKS; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.746,AS READ BY THE CITY CLERK,WITH THE DELETION OF ARTICLE 8-9, BOTH IN THE TITLE AND IN THE ORDINANCE ITSELF,BE APPROVED AND ADOPTED. Councilman Vehon seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 19 Councilman Eidson again expressed disapproval of the ability of the City Clerk to revoke or suspend a license. Mayor Bluntschly pointed out that there are provisions for a hearing prior to that taking place. Ms Connelly stated that the hearing process involves appealing the decision to the City Council. Councilwoman Barker pointed out that this is not new,it's also in the 1980 and 1985 versions,that the only thing new is bringing all of the verbage in each section into conformance. Councilman Eidson stated that i f this isn't changing anything he would have no objection,but history shows that when things are taken out and put in,they don't work out the way they're sup- posed to. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.755,PZ-9-90, CODE CHANGES SUGGESTED BY THE CODE ENFORCEMENT SUBCOMMITTEE )Planning Division Manager Jim Nakagawa stated that the Council directed that a committee address some of enforcement procedures and code revisions,and the Committee has offered recom- mendations to the Council,this ordinance makes changes to include the deletion of the inoperative vehicle provisions from the Zoning Ordinance as Council has placed this provision in the City Code,in order to eliminate "grandfathered rights"which exist by having i t in the Zoning Ordinance.Mr.Nakagawa further stated that the Planning and Zoning Commission is in favor of this amendment. Mayor Bluntschly asked i f there was anyone who wished to speak on this item.There being no one wishing to speak, Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.755 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 20 Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as follows: ORDINANCE NO.755,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE 11 AND ARTICLE 20 OF THE APACHE JUNCTION ZONING ORDINANCE,BY AMENDING SECTION 11.0103(C)AND DELETING SECTION 20.0106(1.);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.755,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. PROPOSED 754,PZ-14-89,(CITY INITIATED/ REICHARD)ZONING REVERSION )Mr.Nakagawa explained that this is zoning reversion for a C-3/PD zoned property,because the property has not been developed and the owner has consented to the reversion,and further stated that the Planning and Zoning Commission recommends approval with stipulation.Mr. Nakagawa explained that the City Attorney does not recommend the stipulations be included in the ordinance,so staff suggests approval without those stipulations. Councilwoman Alger asked i f it would be proper to revert a property into a "holding"zoning which would require the owner to come back for a change in zoning,rather than revert the property back to GR. City Attorney David Alexander stated that the Zoning Ordinance allows the Council to revert property back to GR i f i t is not developed,but to revert to a "holding"would require creating a new zone.Mr.Alexander further stated that a property owner has to be able to uti- lize the property. Mayor Bluntschly asked i f the pro- perty were reverted to something different like C-1,wouldn't the City be liable for "down zoning". Mr.Alexander stated that there is currently proposed legislation for compensation of "down zoning",and the ten- dency is for more and more compensation for government taking. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 21 Mayor Bluntschly expressed concern with reverting the property back to GR. Assistant Planner Rudy Esquivias stated that there is another reason for the reversion,and that is that the ordinance which rezoned this property originally has an incorrect legal descrip- tion,and that correction is part of this ordinance. Councilman Vehon stated that GR is a pretty restrictive zoning,and does not allow the owner a lot of uses,so would not hurt the City. Mr.Nakagawa stated that staff did consider what could be built there with the reversion,and staff concluded that because of the location,the probability of something such as an RV dwelling unit would not be realized. Mayor Bluntschly asked i f there are any existing CC&R's prohibiting certain usages on the property. Mr.Nakagawa replied that staff is not aware of any,but that aspect wasn't investigated. Councilman Eidson suggested bringing back a correction to the legal description at the next meeting. Mr.Alexander stated that the origi- nal ordinance would have to be reconsidered,and it would have to be published, etc. Councilman Vehon asked if Councilman Eidson's concern is that the property owner is losing the zoning. Councilman Eidson replied that the concern is what the property could be used for with GR,since i t is next to the church,and that at one time apartments were proposed. Councilman Vehon pointed out that the property owner would have to rezone for that use. Mayor Bluntschly asked i f there was anyone who wished to address the Council on the item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.754,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 SEPTEMBER 4,1990 PAGE 22 VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.754,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-14-89,A CITY -COUNCIL INITIATED ZONING REVERSION,FROM C-3/PD (GENERAL COMMERCIAL DISTRICT/PLANNED DEVELOPMENT)TO GR (GENERAL RURAL)AND A RESCINDING OF ORDINANCE NO.429 (PZ-41-85)WHICH CLASSIFIED THE SITE TO C-3/PD; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.754,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: CHANGE BY DELETING STIPULATIONS A,B,AND C,AND THE REFERENCE TO THOSE STIPULATIONS. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Vehon Opposed:Councilman Eidson,Vice Mayor Damiano,Councilman Cox, Mayor Bluntschly The motion failed. Mayor Bluntschly commented that staff would have to prepare an agend item to fix the legal description. OLD BUSINESS None. NEW BUSINESS LAND SPLIT MAP 90-004 FILED BY CLARE F.HRUSKA applicant has withdrawn the appeal. )Mayor Bluntschly noted that the Councilman Vehon MOVED THAT THE APPEAL OF THE LAND SPLIT DENIAL,SUBMITTED BY PAUL CONNOLLY AGENT FOR CLARE HRUSKA,BE WITHDRAWN,AS PER THEIR LETTER DATED SEPTEMBER 4,1990. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 23 Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION AND WORK SESSION FOR SEPTEMBER 17,1990 ) )Vice Mayor Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 7:00 P.M.ON SEPTEMBER 6,1990,IN THE CITY COUNCIL CONFERENCE ROOM; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON SEPTEMBER 17,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON SEPTEMBER 18,1990,IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Mayor Bluntschly reminded the Council of the scheduled Council/Staff retreat at the Apache Junction Senior Center on September 15,1990. City Manager Michael R.Lee reported that the right-of-way for the Southern Avenue project has been acquired,and the engineering design is proceeding and should be completed within the next 30 days. ADJOURNMENT ) )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:52 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of August 7,1990. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 24 3.Awards of Bid --PW-90-11,Uniform Rental;PW-90-12,Corrogated Metal Pipe; PW-90-13,Lease Purchase Roller;PW-90-14,Vehicles;and PW-90-06,Tires. 4.Authorization to postpone opening of 4th Avenue subsequent to completion of the intersection improvements at Ironwood and Apache Trail. 5.Resolution No.90-33,Endorsing participation in the Pinal County Enterprise Zone. APPROVED AND ADOPTED THIS 18TH DAY OF SEPTEMBER ,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER ,1990. ATTEST: KATHLEEN CONNELLY City Clerk ETH BLUNTStHLY Mayor REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1990 PAGE 25 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 4th day of September,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this .26 day of 1990.1990. KATHLEEN CONNELLY City Clerk