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HomeMy WebLinkAbout1990-10-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 16,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 16,1990,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 Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff 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 Director of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Planning Division Manager Jim Nakagawa Parks and Recreation Director Jeff Bell Economic Development Specialist John Schoeph Assistant Planner Bob Dunn Assistant Planner Rudy Esquivias City Engineer Gordon Grandy Director of Library Pam Loui REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 1 Others Present:Ms Bonnie Moody 4475 N.Grand Apache Junction,Arizona Ms Midge Conway 902 S.Ocotillo Apache Junction,Arizona Mr.Tim Hunstall 1132 Goldfield Apache Junction,Arizona Ms Linda Wineburg 4268 N.Valley Drive Apache Junction,Arizona Ms Nancy Koerner 1026 N.Goldfield Apache Junction,Arizona Mr.Tandy Barge 4057 N.Valley Drive Apache Junction,Arizona Ms Betty Kringle 126 S.Goldfield Apache Junction,Arizona Ms Lila Lane 2475 W.Grand Apache Junction,Arizona Mr.Bill Conway 902 S.Ocotillo Apache Junction,Arizona Mr.John Lehi 353 N.Yale Mesa,Arizona Mr.Richard Palmer 1541 W.Windsong Apache Junction,Arizona Mr.Howard Roseberry 2360 S.Descanso Road Apache Junction,Arizona Mr.Don Rislo 1731 S.Idaho Road Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 2 Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Mr.Dave Meyer 1980 S.Warner Apache Junction,Arizona Ms Flonnie Cross 1029 E.Mesquite Apache Junction,Arizona Mr.Frank Ashland 2230 W.Apache Trail Apache Junction,Arizona Ms Anne Surra 1150 E.Estevan Apache Junction,Arizona Ms Sandie Smith 1881 W.Apache Trail Apache Junction,Arizona Ms Cora Blatterspiel 760 E.Mesquite Apache Junction,Arizona Ms Sharon Rawlins 2829 W.Superstition Blvd. Apache Junction,Arizona Councilman Vehon requested that Item 4 be pulled from the Consent Agenda and placed after the City Manager's report. ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -6 BE ACCEPTED AS PRESENTED,WITH THE EXCEPTION THAT ITEM NO.3,RESOLUTION NO.90-42 BE CONTINUED UNTIL THE NOVEMBER 6,1990 REGULAR MEETING,AND THAT ITEM NO.4 RESOLUTION NO.90-43 BE REMOVED FROM THE CONSENT AGENDA AND HEARD PRIOR TO ITEM NO.7; AND THAT RESOLUTION NO.90-36,SUPPORTING UNLIMITED METROPOLITAN AREA TELEPHONE CALLS TO AND FROM APACHE JUNCTION AT A FLAT RATE NOT TO EXCEED CURRENT BASE PRICING,BE APPROVED AND ADOPTED; AND THAT FRAN MORRIS-HIGGINS AND RICHARD BUSHON BE APPOINTED TO THE TRANSPORTATION BOARD,SAID TERMS TO EXPIRE JUNE 30,1992. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 3 Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed all those present. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT ITEM NO.4 RESOLUTION NO.90-43,ENDORSEMENT OF DUAL -TRACK APPROACH TO PLANNING FOR REGIONAL AIRPORT AND EXPANSION OF SKY HARBOR AIRPORT )Councilman Vehon pointed out that i t may be premature for Apache Junction to endorse this,when the cities surrounding Sky Harbor have not as yet endorsed this issue. Mayor Bluntschly explained that there is a considerable amount of monies available for this project,and that is the reason for obtaining the endorsement of the Pinal County Alliance members as quickly as possible. Vice Mayor Damiano stated that Tempe is against the expansion of Sky Harbor,however i t is inevitable,and Pinal County Alliance is going to pursue having the "jet port"built between Tucson and Phoenix,and added that i t is necessary to endorse the program as soon as possible. Vice Mayor Damiano MOVED THAT RESOLUTION NO.90-43,ENDORSING THE DUAL -TRACK APPROACH TO PLANNING FOR A REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 4 REGIONAL AIRPORT,TO MEET STATE AND REGIONAL AVIATION NEEDS,AND TO JOIN IN SUPPORTING MARICOPA COUNTY INITIATION OF A REQUEST AND APPLICATION TO THE FEDERAL GOVERNMENT FOR FUNDING OF A STATE-WIDE FEASIBILITY STUDY,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. Councilwoman Barker agreed with Councilman Vehon. VOTE:In Favor:Councilman Eidson,Vice Mayor Damiano,Councilman Cox, Mayor Bluntschly Opposed:Councilwoman Barker,Councilwoman Alger,Councilman Vehon The motion carried. PUBLIC HEARINGS PROPOSED RESOLUTION NO.90-38:GENERAL PLAN AMENDMENT (GPA)90-01 )Planning Division Manager Jim Nakagawa explained that this is a Council -initiated amendment to the General Plan striking out the provision which states that consideration of General Plan amendment requests only occur one time per year,and stated that the Planning and Zoning Commission recommends the provision be amended to allow for twice yearly amendment requests,but that staff recommends denial of the proposal as the disadvantages pointed out in the report would outweigh the benefit. to the public. Mayor Bluntschly opened the hearing Ms Bonnie Moody,4475 N.Grand, Apache Junction,Chairman of the Superstition Horseman's Association,addressed the Council on behalf of the organization,stating that the General Plan is deviated from more than once a year and that the Horseman's Association feels that the Council should be required to abide by the General Plan in all rezoning cases. Ms Midge Conway,902 S.Ocotillo, Apache Junction,stated that she was a member of the Planning and Zoning Commission when the General Plan was drafted and adopted,and stated that the General Plan is the future planning of the City and should not be amended at all. Councilman Vehon MOVED THAT RESOLUTION NO.90-38,APPROVING GENERAL PLAN AMENDMENT GPA-90-01,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 5 THAT THE TITLE OF THE RESOLUTION READ "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-90-01,A CITY -INITIATED PROPOSAL TO PERMIT AMENDING THE GENERAL PLAN TO NO MORE THAN TWICE A YEAR",AND THAT THE TEXT OF THE RESOLUTION BE CHANGED STARTING FROM THE SEVENTH LINE AT THE BOTTOM OF THE PAGE TO READ "GPA-90-01,A CITY COUNCIL -INITIATED GENERAL PLAN AMENDMENT CHANGING THE PROVISION WHICH APPEARS ON PAGE 111 OF THE 1987 GENERAL PLAN TO READ:HOWEVER, REVIEW OF SUCH REQUESTS SHALL BE UNDERTAKEN ONLY ON A REGULARLY SCHEDULED BASIS WHICH SHALL OCCUR ONLY TWO TIMES PER YEAR,AT SIX MONTH INTERVALS." Councilwoman Alger seconded the motion. Councilwoman Barker asked i f this is saying that the Council will not amend the General Plan concurrently with zoning,but will only consider amendments a maximum of every six months. Councilwoman Alger clarified that this is only providing the opportunity for individuals to apply for amendments, but does not mean that changes will be made. Councilman Vehon stated that he did initiate the proposal that amendments be allowed regularly with rezoning changes,but has since decided that it was a bad idea,however,the opportunity for review twice a year would be sufficient. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.90-39,GENERAL PLAN AMENDMENT (GPA)90-02 ) )Planning Division Manager Jim Nakagawa explained that this amendment would include the Regional Transportation Corridors of the Parsons-Brinckerhoff Study in the General Plan,and stated that the Planning and Zoning Commission recommended approval of the amendment with stipulations outlined in the resolution,and that staff concurs with their recommendation. to the public. Mayor Bluntschly opened the hearing Mr.Tim Hunstall,1132 Goldfield Rd.,Apache Junction,expressed objection to the Corridor going on Goldfield Road as i t restricts the use of his property. Ms Linda Wineburg,4268 N.Valley Drive,Apache Junction,addressed the Council in objection to the amendment due to the potentially increased traffic on the McKellips Corridor. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 6 Ms Nancy Koerner,1026 N.Goldfield, Apache Junction,stated that this is not the appropriate time to decide on this issue as the public should have more input,and added that this would be putting a six -land highway through a low -density area. Mr.Tandy Barge,4057 N.Valley Drive,Apache Junction,agreed with the statements made by Ms Koerner. Ms Betty Kringle,126 S.Goldfield, Apache Junction,spoke in opposition to a six -lane highway being constructed on Goldfield Road. Ms Lila Lane,2475 W.Grand,Apache Junction,expressed objection to the proposed McKellips Corridor. City Engineer Gordon Grandy explained that there is no way to forecast the future need or affordability of a six -lane highway,however i t is necessary to plan for something like that,and by adopting i t into the General Plan the attempt is being made to save the com- munity money in the future by restricting the development in that area should that Corridor be necessary. Mr.Bill Conway,902 S.Ocotillo, Apache Junction,asked what proof there is that auto traffic will increase with the oil and gasoline problems. Mr.Grandy replied that there is no way to predict the future,and that Mr.Conway may be right. Mr.Tim Hunstall,1132 S.Goldfield, Apache Junction,stated that because he is along a Corridor it would be necessary to have a survey in order to split the property. this. Mr.Grandy asked why he has to do Mr.Nakagawa replied that this is a requirement of the Land Split regulations in a single family dwelling district. Mr.John Lehi,353 N.Yale,Mesa, property owner in Apache Junction,stated that i f Phoenix had planned ahead like this he wouldn't have lost his home near the Red Mountain Freeway,and added that planning for a six -lane highway will be doing the community a favor in the future. Ms Conway asked i f this is the time when the General Plan will be amended,and that it won't occur again for six months. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 7 There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT RESOLUTION NO.90-39,APPROVING GENERAL PLAN AMENDMENT GPA-90-02,A CITY -INITIATED PROPOSAL TO INCLUDE THE REGIONAL TRANSPORTATION CORRIDORS OF THE 1988 PARSONS-BRINCKERHOFF STUDY IN THE GENERAL PLAN,BE APPROVED AND ADOPTED WITH THE FOLLOWING CHANGES: THAT THE MCKELLIPS CORRIDOR EAST OF THE RED MOUNTAIN FREEWAY,AND THE GOLDFIELD CORRIDOR NORTH OF SUPERSTITION BOULEVARD AND STATE ROUTE 360 BE DELETED FROM THE TRANSPORTATION CORRIDORS. Vice Mayor Damiano seconded the motion. Vice Mayor Damiano commented that this will more than likely be brought up again in six months. Councilman Vehon explained that rights -of -way are being acquired along Goldfield,and also that by putting a corridor along there,i t is speeding up the density change from low density. Vice Mayor Damiano agreed with Mr.Lehi,regarding the mistakes Phoenix made by not planning ahead. Councilwoman Barker stated that Apache Junction has tried for at least six months to obtain rights -of -way along Broadway for street improvements necessary for the Freeway,as well as incon- veniencing many people,and to plan ahead with the Corridors may prevent this in the future. Councilwoman Alger pointed out that people have requested the density be changed in those areas from low density, and there may be enough citizens wanting those changes in the future,and this planning is necessary rather than concentrating on the immediate. VOTE:In Favor:Vice Mayor Damiano,Councilman Cox,Councilman Vehon, Councilman Eidson Opposed:Councilwoman Barker,Councilwoman Alger,Mayor Bluntschly The motion carried. Mayor Bluntschly recessed the meeting. Mayor Bluntschly reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 8 PROPOSED RESOLUTION NO.90-40,GENERAL PLAN AMENDMENT (GPA)90-03 )Mr.Nakagawa explained that this amendment redesignates the low density residential to medium density residential in the area of Section 17 between Ironwood Drive and Valley Drive and between Tepee Street and Windsong Street,and stated that the Planning and Zoning Commission recommends approval of the amendment and staff concurs with that recommendation. Mayor Bluntschly opened the hearing to the public. Mr.Richard Palmer,1541 W. Windsong,Apache Junction,addressed the Council in favor of the amendment, stating that there are many split parcels and trailer parks in the area which should justify the change in density. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT RESOLUTION NO.90-40,APPROVING GENERAL PLAN AMENDMENT GPA-90-03,A CITY -INITIATED PROPOSAL TO REDESIGNATE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL THE AREA IN SECTION 17 BETWEEN IRONWOOD DRIVE AND VALLEY DRIVE AND BETWEEN TEPEE STREET AND WINDSONG STREET,BE APPROVED AND ADOPTED. largest part left open in this area. one 5 acre parcel. undeveloped. one mobile home on the property. VOTE:Unanimous The motion carried. Councilman Cox seconded the motion. Councilwoman Alger asked what is the Mr.Nakagawa replied that there is Councilwoman Alger asked i f i t is Mr.Nakagawa replied that there is PROPOSED RESOLUTION NO.90-41:GENERAL PLAN AMENDMENT (GPA)90-04 )Mr.Nakagawa stated that this amend- ment proposes the redesignation from Residential to Commercial for land fronting the arterial roads,Ironwood Drive,Idaho Road,Tomahawk,and Goldfield Road REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 9 from State Route 360 to U.S.Highway 60,and deletes policy B -4C which discoura- ges strip commercial,and further stated that the Planning and Zoning Commission recommends denial of the proposal and that staff concurs with the recommen- dation. Councilman Eidson agreed with the staff recommendation,and asked why there is a resolution to deny the proposal. Mr.Nakagawa explained that a reso- lution was drafted to reflect the recommendation of the Planning and Zoning Commission,and that Council would adopt the resolution i f they are in agreement with the recommendation. Mayor Bluntschly opened the hearing to the public,and asked the City Clerk to read a letter that was received into the record. follows: City Clerk Kathleen Connelly read as "As the owner of a mobile home on 1% acres at the corner of 19th Lane and Idaho Road I would like to offer my comments regarding the proposed rezoning. With the new designation of State Route 88,Idaho is scheduled to be a five -lane street complete with sidewalks.Once these additions are in place,and once the Superstition Freeway is completed,traffic on Idaho will greatly increase. The changes associated with these new developments are going to dramatically reduce my property's value as a residential dwelling.After all,who wants to live on a busy,five -lane freeway feeder road. However,i f light -commercial development is allowed along Idaho,I might be able to sell my property at a commercial rate.I view this as a win/win/win situation.I get to sell my property without taking a large loss.The com- munity gets a new business.The City gets more tax revenue. Whereas,i f no zoning change is allowed,everyone loses.The traffic and noise increases in any event.My property value decreases.The citizens do not get the benefit of new services.The City tax rates remain high as new businesses look elsewhere. Please,amend the General Plan so as to at least allow light -commercial zoning along Idaho Road. Sincerely, Gary Higgins" Mr.Howard Roseberry,2360 S. Descanso Rd.,Apache Junction,President of the Superstition Vista Mobile REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 10 Estates Homeowners Association,addressed the Council representing the Association,stating that they are in opposition to the amendment,and submitted petitions objecting to the change. Mr.Don Rislo,1731 S.Idaho,Apache Junction,spoke regarding problems with the residential area on the west side of Idaho Road i f this change occurs. Councilman Eidson commented that the public should be speaking in favor of the resolution as i t denies the amendment. Planning Division Manager Jim Nakagawa explained that the public are speaking in opposition to the amendment, the Planning and Zoning Commission recommended denial of the amendment,and i f the resolution is approved,the amendment will be denied. Mayor Bluntschly further explained that this is not a City Council -initiated General Plan amendment,but was ini- tiated by the Chairman of the Planning and Zoning Commission originally. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT RESOLUTION NO.90-41,DENYING GENERAL PLAN AMENDMENT GPA-90-04,A CITY -INITIATED PROPOSAL TO REDESIGNATE FROM RESIDENTIAL TO COMMERCIAL PROPERTY FRONTING THE ARTERIAL ROADS (IRONWOOD DRIVE,IDAHO ROAD,TOMAHAWK ROAD,AND GOLDFIELD ROAD) FROM SR 360 (SUPERSTITION FREEWAY)TO U.S.HIGHWAY 60 AND TO RETAIN POLICY B -4C FROM THE GENERAL PLAN WHICH DISCOURAGES STRIP COMMERCIAL DEVELOPMENT,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. Mayor Bluntschly clarified for the public,that the General Plan amendment to allow strip zoning was denied. PROPOSED ORDINANCE NO.760:PZ-12-90, AMENDING ARTICLE 15 OF THE ZONING ORDINANCE )Planning Division Manager Jim Nakagawa explained that this is a City Council -initiated amendment to Section 15.0305 of the CR-2/CR-2(MH)zone,Section 15.1.0305 of the R1-8/R1-8(MH)zone, Section 15.0405 of the CR-3/CR-3(MH)zone,Section 15.1.0405 of the R-1 Duplex REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 11 zone,and Section 15.0803 of the TH zone of Article 15 Residential Districts of the Zoning Ordinance to increase the minimum lot size to 20,000 net square feet, and further explained that the minimum lot size and lot width requirements would in some of these zones be reduced to lower figures.Mr.Nakagawa stated that the Planning and Zoning Commission recommended denial of the amendment to Article 15 of the Zoning Ordinance,and that staff recommend approval of Ordinance No.760. Councilwoman Alger clarified that lots already on an approved,dedicated City street,will be at the 11,000 square foot rather than 20,000. Mr.Nakagawa replied that whatever the zoning category calls,for instance in TH zoning it would call for a smaller lot size. Councilman Cox commented that he goes along with the Planning and Zoning Commission recommendation,as there are a lot of elderly people in Apache Junction who can't take care of 20,000 square feet of property,and lots should be kept smaller. to the public. Mayor Bluntschly opened the hearing Ms Nancy Koerner addressed the Council stating that this is a step in the right direction,but that the 20,000 square foot lots should be required everywhere in the City. Mayor Bluntschly stated that this could be a nice community without making requirements that stringent. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,spoke in opposition to the Ordinance,stating that requiring larger lots is going to decrease population in the City which will cause difficulties in creating street light improvement,etc. Ms Midge Conway stated that the City should not be paving streets for people,but should require that the property owners along a street should pave their own street. the reason for this ordinance. Mr.Nakagawa explained that this is Mr.Dave Meyer,1980 S.Warner, Apache Junction,addressed the Council in opposition to the ordinance,as the small property owner won't be able to afford the street improvements. Mr.Stachar commented that it would be impossible to do the engineering for a small portion of a street,which the property owner would be required to do. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 12 There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.760,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.760,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY INCREASING THE MINIMUM LOT SIZE REQUIREMENT TO 20,000 SQUARE FEET IF PUBLIC IMPROVEMENTS ARE NOT PROVIDED IN THE CR-2/CR-2(MH)ZONE,R1-8/R1-8(MH)ZONE,CR-3/CR-3(MH)ZONE,R-1 DUPLEX ZONE,AND THE TH ZONE OF ARTICLE 15 RESIDENTIAL DISTRICTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.760,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Mayor Bluntschly seconded the motion. Councilman Eidson agreed with the public comments,adding that it would not be appropriate to have a small portion of the street paved by the property owner when it would probably be torn up when the entire street was paved. Mayor Bluntschly stated that some type of action needs to be taken in order to get the streets paved,and asked i f the street improvement can coincide with future development. City Engineer Gordon Grandy replied that i t can be,but to tie in and connect with existing improvement,may go beyond the boundaries of that development. Mayor Bluntschly commented that curb,gutter and sidewalk is not necessary for every street in the City. Mr.Grandy agreed,and stated that staff can only act on what the Council adopts. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 13 Councilman Eidson stated that i t would be better to charge the property owners at the time of development for the development of a street,than to piece i t a little at a time. Councilwoman Alger stated that the reason for proposing this 20,000 square foot requirement,is to correct a policy made at some point in the past,saying that the residential properties won't be required to put in roads,which responsibility the City has taken on over the past 10 years.Councilwoman Alger added that something else has to happen. Councilwoman Alger further stated that this is an effort to minimize the intensity of the uses of the land as long as the City is having to pave streets,and asked the City Attorney i f there is another way this can be done. City Attorney David Alexander replied that there are several options -pave a street such as Superstition Blvd. and assess each property owner by creating a street improvement district is one, and stated that some of these options are going to have to be considered in the future. City Engineer Gordon Grandy made the observation that the City is not setting a very good example by chip sealing because of limited funds. is a temporary measure. Mayor Bluntschly commented that this Mr.Grandy stated that with limited funds it may become permanent,and the only reason all of the streets aren't improved to current standards is because of limited funds. Councilman Vehon stated that this situation cannot be allowed to continue,and this is the only thing possible to do at this time. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Vehon, Mayor Bluntschly Opposed:Vice Mayor Damiano,Councilman Cox,Councilman Eidson The motion carried. PROPOSED ORDINANCE NO.762,AMENDING THE CITY CODE,SECTION 8-8-2,LICENSING REQUIREMENTS FOR SPECIAL EVENTS PARTICIPANTS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 14 )City Clerk Kathleen Connelly stated that the Council requested the Special Events licensing requirements be amended to allow businesses in possession of a current City Business License to par- ticipate at special events without having to pay any additional license fees; someone without a current license could participate three times for $10,and on the fourth occasion would have to obtain a regular City Business License;and those selling hand crafted items could continue to do so without obtaining a license,however in all cases,sales taxes would have to be paid on any sales. Councilman Vehon asked i f the spon- sor of the special event has to provide the City with a list,to allow a way of tracking the business participating. Ms Connelly replied that the sponsor would have to provide a list of participants no later than 72 hours prior to the event,and that there has been excellant cooperation with this requirement in the past. will ensure proper payment of sales tax. to the public. Councilman Vehon commented that this Mayor Bluntschly opened the hearing Ms Flonnie Cross,1029 E.Mesquite, Apache Junction,stated that the sponsors work very hard on these events and requested that businesses not be required to pay additional fees as it would discourage them from participating. Mr.Frank Ashland,2230 W.Apache Trail,Apache Junction,spoke in opposition to the ordinance,stating that the businesses make a profit at these events so should be required to pay an addi- tional fee. Mr.Ashland further stated that there was a meeting at the Lost Dutchman Travel Trailer Park today,with five staff members present,and that this should have conformed with the Open Meeting Law. Mayor Bluntschly answered Mr.Ashland's remarks,stating that no one would be allowed to participate in events without a City Business License. City Attorney David Alexander explained that the people meeting were not a "public body",so was not required to follow the Open Meeting Law. Mr.Ashland argued that fact. Ms Connelly further explained that i f the committee was not appointed by the Council they are not considered a public body,and these individuals met on a volunteer basis,to work with staff. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 15 Ms Anne Surra,1150 E.Estevan, Apache Junction,stated that people who have already paid for a Business License should not be discouraged from participating in these events,and added that discussions on the Open Meeting Law should not be taking place during this agenda item. Ms Sandy Smith,1881 W.Apache Trail,Apache Junction,business owner,agreed that everyone should pay sales tax,that those having a license should not have to obtain any additional license,and that nonprofit organizations not be required to pay fees. City Clerk Kathleen Connelly informed the Council that i f this ordinance is adopted,it will be in affect for Fall Fiesta. Councilwoman Alger MOVED THAT ORDINANCE NO.762,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.762,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 8-8 SPECIAL EVENTS, SECTION 8-8-2 LIMITATIONS ON SPECIAL EVENTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.762,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. Councilman Eidson stated that he supports this ordinance,but i t doesn't go far enough. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 16 PROPOSED ORDINANCE NO.761;ADOPTION OF LIBRARY DISPLAY POLICY AND UPDATE OF CIRCULATION POLICY )Director of Library Pam Loui explained that the Library Board has approved the addition of a Library Display Policy to the Library Policies and also a revision of the Circulation Policy, and requested that the Council approve this ordinance which would bring the Library in line with standard practices in other municipalities. to the public. Mayor Bluntschly opened the hearing There being no one wishing to speak, Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.761 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Alger seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.761,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CITY OF APACHE JUNCTION PUBLIC LIBRARY POLICIES BY AMENDING SECTION I I CIRCULATION POLICY AND BY ADDING A NEW SECTION XVII ENTITLED LIBRARY DISPLAY POLICY;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.761,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting. Mayor Bluntschly reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 17 Councilwoman Alger seconded the OLD BUSINESS CONSIDERATION OF TRANSPORTATION BOARD'S RECOMMENDATION ON BROADWAY AVENUE AT ROYAL PALM CUL-DE-SAC )City Engineer Gordon Grandy stated that he had no additional information,but recommended a temporary solution of cul-de-sacing Broadway. Councilman Vehon asked what would eventually warrant reopening Broadway. Mr.Grandy replied that it would depend on the development coming into the area,however,even that may not be enough cause,but a solution becoming apparent may be cause. Mayor Bluntschly asked where would the cul-de-sac be located. Mr.Grandy replied that it would begin where the guard rail is located,within the existing right-of-way. Councilman Vehon asked if accidents were taken into consideration when coming up with the recommendation. Mr.Grandy answered that statistics were viewed through the Police Department,and there are actually less accidents at this intersection in comparison to other intersections. Councilman Cox commented that the guard rail is replaced on an average of twice a month. Mr.Grandy observed that at night, visibility of the guard rail is very poor. Councilman Cox asked about the one- way westbound option. Mr.Grandy explained that this option would require removing half of the road,and will not work. Mayor Bluntschly stated that the Council,Transportation Board,Planning and Zoning Commission,and staff have all spent considerable amount of time studying this intersection,and asked Mr.Grandy which entity substantiates his recommendation. Mr.Grandy stated that they are under the assumption that the opening of the Freeway and Southern Avenue will relieve the situation,but the situation is more due to discourteous drivers than volume of traffic. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 18 Councilwoman Alger asked what Mr.Grandy considered as a long-term,future solution to the situation. Mr.Grandy replied that he would not be willing to make a guess as the intersection requires a community involvement because of what it will do to disrupt traffic flows currently existing in that neighborhood,and what preference or priority to direction of travel should be given in the future. Councilwoman Alger stated that the cul-de-sac is only a temporary solution,until a permanent solution can be found. Mayor Bluntschly commented that one hasn't been found in ten years. Mr.Grandy asked i f he can work on that for the next ten years. Vice Mayor Damiano stated that something has to be done with this intersection. At the request of Vice Mayor Damiano,City Clerk Kathleen Connelly related a recent experience of the inter- section and concurred that the intersection is dangerous. Ms Cora Blatterspiel,760 E. Mesquite,Apache Junction,stated that the Transportation Board ignored the views of the residents,which was to make Broadway one-way westbound. Ms Anne Surra concurred that something needs to be with the intersection,and that a cul-de-sac is not the answer and a permanent solution needs to be found. Vice Mayor Damiano MOVED THAT THE FOLLOWING ACTION BE TAKEN REGARDING THE INTERSECTION OF BROADWAY AVENUE AND ROYAL PALM BOULEVARD: THAT A CUL-DE-SAC BE INSTALLED AT THE AREA JUST BEFORE THE BEND,AT THE WEST END OF THE GUARD RAIL (AS RECOMMENDED BY THE CITY ENGINEER),AND THAT FURTHER DIRECTION BE GIVEN TO HAVE ANY APPROPRIATE ORDINANCE DRAFTED. would take to implement this. Councilman Cox seconded the motion. Mayor Bluntschly asked how long i t City Attorney David Alexander stated that it would take an ordinance to remove the stop sign. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 19 Mr.Grandy added that a permit will be required for the construction. Councilman Eidson asked i f the pro- perty owners could take any kind of action against the City due to this. Mr.Alexander replied that they can sue,but as long as access is and provided the Council's decision is backed up by expert recommendation,their success would be questionable. Councilwoman Barker commented that temporary measures have a way of becoming permanent. VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Alger, Mayor Bluntschly Opposed:Councilman Vehon,Councilwoman Barker The motion carried. NEW BUSINESS COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DIRECTION TO DRAFT ORDINANCE AMENDING CITY CODE TO CREATE ADDITIONAL AND BETTER REGULATIONS REGARDING PLACEMENT OF NEWSPAPER BINS WITHIN THE CITY. Vice Mayor Damiano stated that there needs to be better regulations regarding the newspaper bins,as they are unsightly and it's difficult to locate the responsible parties. Damiano had any specifics in mind. Mayor Bluntschly asked i f Vice Mayor Vice Mayor Damiano stated that he could talk to Mr.Lee and come to some conclusions. Councilwoman Alger and Councilman Cox agreed with the Vice Mayor Damiano that something needs to be done in order to enhance the community image. Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,TO DRAFT AN ORDINANCE AMENDING THE CITY CODE TO CREATE ADDITIONAL AND BETTER REGULATIONS REGARDING PLACEMENT OF NEWSPAPER BINS WITHIN THE CITY. Councilman Cox seconded the motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 20 VOTE:Unanimous The motion carried. DIRECTION TO AMEND ZONING TO CONFORM WITH NEW STATE LAW CONCERNING DOMESTIC VIOLENCE LAW. Councilwoman Barker explained that i t is necessary to amend the Zoning Ordinance in order to conform with the new State Law,which pertains to shelters and the confidentiality involved. Councilman Vehon asked the City Attorney i f there is any reason this shouldn't be done. City Attorney David Alexander replied that i t can be done,and has discussed with Charles Coleman Zoning Administrator regarding how i t should be accomplished. Councilwoman Barker MOVED THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION TO PROCEED WITH AMENDING THE ZONING ORDINANCE TO CONFORM WITH NEW STATE LAW CONCERNING DOMESTIC VIOLENCE. motion. Councilwoman Alger seconded the Planning Division Manager Jim Nakagawa asked i f the intent is to amend the Zoning Ordinance so that Domestic Violence Shelters are permissible in any zoning district. Councilwoman Barker explained that the intent is to eliminate the requirement for the location to become public. Mr.Alexander further explained that there will have to be a certain use placed on the location. Mr.Nakagawa reiterated that this would mean amending so that when rezoning or applying for special use permit, the address is not made public. VOTE:Unanimous The motion carried. DIRECTION TO AMEND THE CITY CODE,BUSINESS LICENSES,TO READ ONE LICENSE ONE BUSINESS WITH BUSINESSES ABLE TO SELL AT SECOND LOCATION ON A TEMPORARY BASIS. Councilman Eidson stated that Ordinance No.762 is a step in the right direction,but should be applied for REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 21 all businesses by only requiring a business to have one license regardless of how many locations. City Clerk Kathleen Connelly pointed out the impact on the budget with the loss of approximately $2,300 in fees; impact on the current sales tax collection program;eliminating the method for health inspections and zoning compliance;the loss of control with peddlers going door to door,posing a safety hazard;as well as the vacant lot sales increasing when the Council has indicated the wish to eliminate these types of sales.Ms Connelly stated that these changes would have to apply to non -city businesses as well,and that it may create a situation of not being able to address the licensing situation with "Market Days". Ms Connelly recommended that those businesses holding a current City Business License be allowed to set up at multiple locations on a temporary,non -permanent basis,conducting the same type of business for which their license was issued with a cost of no less than $10 per location.Ms Connelly also recommended that door-to-door sales still be required to obtain an ID card,and that all temporary locations comply with all appropriate zoning,health,signage and tax regulations. Councilman Eidson stated that he did not believe that the City would be losing $2,300 in fees,as he had received other information from Elaine Sammons,Business License Clerk,and didn't like to be set up by staff. Mayor Bluntschly replied that there are 48 duplicate locations license,which multiplied by $35.00,confirms the City Clerk's figures. Councilman Eidson commented that he believed there were only 10 licenses that apply. Ms Sharon Rawlins,2829 W. Superstition Blvd.,Apache Junction,spoke in favor of the amendment as they had to obtain an additional license for park n'swap. Ms Sandie Smith,82553 E.Lavender Drive,or 1881 W.Apache Trail,Apache Junction,addressed the Council stating that this has been discussed many times and agreed that double licensing should not be necessary,asked why signage would be a problem. Ms Connelly stated that if a busi- ness reports that there will be an additional location,they can be informed of signage requirements for that zone. Ms Smith commented that this is inappropriate for the park n'swap licensing. Councilman Vehon stated that he is not in favor of eliminating additional licenses for a second location,but that REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 22 the recommendation given by the City Clerk is a favorable compromise,and added that "temporary"needs a definition. Mayor Bluntschly suggested giving direction to bring this back with several options. Councilman Eidson MOVED THAT DIRECTION BE GIVEN THE CITY CLERK,THROUGH THE CITY MANAGER,TO DRAFT AN ORDINANCE AMENDING THE CITY CODE REGARDING BUSINESS LICENSES,TO READ "A BUSINESS WITH A CITY BUSINESS LICENSE MAY SELL HIS BUSINESS PRODUCT AT OTHER LOCATIONS IN THE CITY ON A TEMPORARY BASIS IF ZONING AND HEALTH LAW PERMIT THE SALE,CREATING A ONE -LICENSE,ONE -BUSINESS CONCEPT,AND THAT THIS BE BROUGHT BACK TO THE COUNCIL ON NOVEMBER 20,1990. Councilman Cox seconded the motion. Councilman Vehon asked if Councilman Eidson would be willing to amend this to require a $10 fee for additional locations. Councilman Eidson indicated that he would not be in favor of this,not so much because of the fee but other factors. Mayor Bluntschly stated that the recommendation offered by the City Clerk should be considered. Councilman Vehon amended the motion: THAT A $10 FEE BE REQUIRED FOR EACH ADDITIONAL LOCATION. City Clerk Kathleen Connelly com- mented that the requirement for zoning and health compliance would eliminate the vacant lot sales,but that neither motion addresses door-to-door sales. Councilwoman Alger pointed out that the motion requires the businesses be "like businesses"regardless of the number of locations,and this would mean that someone going door-to-door would already have to have a peddler license. Councilman Vehon commented that this could mean $10 per house for door-to-door sales. Assistant City Manager George Hoffman asked the City Attorney i f the motion and amendment don't contradict each other,and can this be done. shouldn't be done this way. amendment. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 23 Mr.Alexander replied that i t Councilman Vehon withdrew the Councilwoman Alger asked i f sales on a temporary basis isn't defined in the park n'swap regulations. City Clerk Kathleen Connelly explained that there is a deposit required if a vendor doesn't have a license, and they must come back after the first time to get a business license. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Alger,Councilman Cox, Councilman Eidson Opposed:Councilwoman Barker Councilman Vehon,Mayor Bluntschly The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, NOVEMBER 5,1990 EXECUTIVE SESSION,WORK SESSION, NOVEMBER 6,1990 ) )Councilman Vehon MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON NOVEMBER 5,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON NOVEMBER 6,1990,IN THE CITY COUNCIL CHAMBER. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Councilwoman Alger confirmed the dinner with the Council and City of Mesa Council on November 14th. INFORMATION AND REPORTS None. ADJOURNMENT ) )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 11:08 p.m. Consent Agenda Items as follows: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 24 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of October 2,1990. 3.Resolution No.90-42,Establishing charges and policies for agenda and minu- tes subscriptions,items of public record,document certification,and city codes. 4.Resolution No.90-43,Endorsement of dual -track approach to planning for regional airport and expansion of Sky Harbor Airport. 5.Resolution No.90-36,Supporting unlimited metropolitan area telephone calls at a flat rate not to exceed current base pricing. 6.Appointments to the Transportation Board (Two Vacancies). APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 12TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk NnVFMRFR ENNRTH BLUNTSCHLY Mayor' REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1990 PAGE 25 ,1990. 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 16th day of October,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this b r day of ‘:/e/2 -1990. 2,4 KATHLEEN CONNELLY GrCity Clerk