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HomeMy WebLinkAbout1990-12-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 18,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 18,1990,at the Community/Senior Center pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:02 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Eidson Councilwoman Alger Councilman Vehon Councilman Absent:Councilman Cox (ill) Staff Present: Others Present: 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 Assistant Planner Rudy Esquivias City Engineer Gordon Grandy Ms Evelyn Hillard 1109 N.Valley Rd. Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 1 Ms Madeline Bastock 400 N.Plaza Drive Apache Junction,Arizona Mr.Bruce Klingaman 201 E.Southern Apache Junction,Arizona Mr.W.Dean Thorpe 1615 N.Delaware Apache Junction,Arizona Mr.Glen TenHoven 865 S.Wickiup Rd. Apache Junction,Arizona Ms June Thompson 240 E.Estevan Apache Junction,Arizona Mr.Ron Scott 8CR Box 512C Payson,Arizona Mr.William Leffler 1450 S.Meridian Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -5 BE ACCEPTED AS PRESENTED; AND THAT THE CLAIM AGAINST THE CITY FILED BY JOHN LARRY MCLAWS ON BEHALF OF BERNICE CURTISS,BE DENIED; AND THAT THE INTERGOVERNMENTAL AGREEMENT TO JOIN THE PINAL COUNTY LIBRARY DISTRICT,BE ACCEPTED AS PRESENTED; AND THAT THE BID FOR PROJECT NO.ENG-90-08,RELOCATION AND CONSTRUCTION OF POLICE DEPARTMENT SUPPORT FACILITIES AND REMODELING OF EXISTING POLICE BUILDING, BE REJECTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 2 Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the Council meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS Library Assistant Donna Headrick presented Certificates of Appreciation to Library Volunteers. Mayor Bluntschly presented Certificates and pins to employees for five years and ten years of service,to include a ten year pin and certificate to Vice Mayor Damiano. CALL TO THE PUBLIC Vice Mayor Damiano,822 E.Kachina,Apache Junction,addressed the public and Council opposing the approval of PZ-16-90.Vice Mayor Damiano stated that this property is owned by Mr.Paul Connolly and that Councilman Vehon had sup- ported the rezoning,and the approval of the case was a "mockery"of the General Plan.He asked the Council to follow the General Plan in the future. CITY MANAGER'S REPORT City Manager Michael R.Lee reported that the cul-de-sac at Broadway and Royal Palm is scheduled for paving Thursday or Friday;that the rights -of -way have all been received for the Broadway project;that hopefully Southern Avenue will be opened before Christmas;that due to rains the Ironwood project will not be completed until at least January 1st.Mr.Lee also reported that there will be a General Plan Review Committee meeting to solicit citizen input. PUBLIC HEARINGS PROPOSED ORDINANCE NO.756,PZ-10-90, MARKET DAYS )Planning Division Manager Jim Nakagawa briefed the Council on the history of this proposed ordinance,stating that the market days activity was recognized as illegal and this ordinance allows the market days to commence through a conditional use permit,and that the Council postponed this item at the September 4th meeting to allow for a meeting with park owners and staff and to come back to Council with a recommen- dation.Mr.Nakagawa explained that the market day sponsors had three major concerns:that residents with hand-crafted items be allowed to sell at other REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 3 parks without having to comply with license regulations;the prohibition of signage for the events,that banner or portable signs be allowed;and they had a problem with the Planning and Zoning Commission recommendation that the parks apply for a new permit each year. Mr.Nakagawa stated that the Planning and Zoning Commission recommended that Ordinance No.756 be denied,and that accommodation be made by amending the City Code to permit the events,with an additional suggestion that the Zoning Ordinance permit these events by right. Mr.Nakagawa sited the opinion that i f this was done,should the City wish to control these uses in the future,the uses already established would be grand- fathered.Mr.Nakagawa further stated that two of the concerns discussed by the park representatives could be worked out,such as the allowing of sales in other parks by park representatives,could be allowed in "sister parks";and further that banner signs could be allowed;the third concern of filing an application for a permit annually would have to be handled either by a yearly renewal,or a time limit placed upon the permit. City Attorney David Alexander explained the subject of his memo dated December 18th is what is and is not desireable in Ordinance No.756,and that major amendments to the Zoning Ordinance are not desireable,and recommended that the Council either go with the Planning and Zoning Commission recommendation,the ordinance prepared by staff,or the language in his memo of December 18th.Mr.Alexander further advised that conditional use permits have a termination date,and that even with an annual review there could be problems,and that the Council cannot look at different zoning district classifications tonight,only what has been advertised for a public hearing,which is the conditional use amendment. Councilwoman Barker asked i f the health,safety,welfare,etc.requirements are not redundant as they already are required by the City Code. City Attorney David Alexander replied that they are,but this is authorizing a permanent utilization in an area that is not normally zoned for that type of use. Councilwoman Barker asked i f the health,safety,etc.,regulations are necessary with the time limit on the CUP. Mr.Alexander replied that they are because the application will not be reapplied for,there will need to be some sort of standards for the annual review. Councilman Vehon clarified that i f there is not an annual review,those additional criteria may not be necessary. Councilwoman Alger asked i f there is an alternative to conditional use permits for this use. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 4 City Attorney David Alexander replied that these mobile homes are located in several zoning classifications, and i f the Council wished to permit the use in a zoning classification,it would not affect all of the market day locations.Mr.Alexander added that the request of the Council is the creation of an additional use for what is pri- marily a residential area,usually in residential areas you do not conduct business,and this is creating an exception to the primary use of this land. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance. Ms Evelyn Hillard,1109 N.Valley Road,Apache Junction,stated that as a market day vendor who does not live within a park,she will not be allowed to go to these events even though she sells hand-crafted items. Ms Madeline Bastock,400 N.Plaza Drive,Apache Junction,representing a mobile home park,addressed the Council in opposition to the requirement for a conditional use permit and licensing of non-commercial vendors. Mr.Bruce Klingaman,201 E.Southern Avenue,Apache Junction,Pueblo R.V.Park,and President of Pueblo Activities Organization,addressed the Council stating that although it may not be the intent,the parks look at this permit as just one more way to limit and regulate activities in Apache Junction. Mr.Klingaman submitted a proposal, to include exempting handi-craft vendors,requiring licensing of outside retail vendors,allowing portable signs,one day per week events allowed,and adequate space to accomodate the event. Mr.W.Dean Thorpe,1615 N. Delaware,Apache Junction,Carefree Manor Mobile Home Park,spoke in opposition to the ordinance. Mr.Joshua Bell,200 E.Southern, Apache Junction,Superstition Mountain RV Resort,reiterated that handi-craft sales should not have to be licensed,and asked to be treated as the Council would like to be treated and that the points he had made be considered. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.756,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 5 Mayor Bluntschly explained the pur- pose of the motion for reading by "title only". Councilman Eidson asked for clarifi- cation of the Planning and Zoning Commission recommendation,as they stipulated that the events be permitted by City Code amendment. City Attorney David Alexander replied that this is a zoning and licensing issue,and an amendment to the City Code would not resolve the zoning issue,but that the business license issue is further up on the agenda. Councilwoman Alger asked if an exception clause could be inserted into the conditional use permit provision in the Zoning Ordinance,excepting mobile home parks. Mr.Alexander explained that the problem would be that the zoning classifications of those parks would still be residential,and making an exception to an exception to a conditional use permit has changed nothing in the zoning classifications. Councilwoman Alger asked i f it would make a difference i f each park had a Homeowner's Association holding non-profit special events. Mr.Alexander replied that there would still be a license fee involved,and they would have to qualify as a "tax exempt"non-profit organization. would be a viable solution. think so,but i t could be checked into. Councilwoman Alger asked i f this Mr.Alexander replied that he didn't Councilwoman Barker asked i f this problem came about because of commercial vendors going into the parks. firmed this. City Clerk Kathleen Connelly con- Councilwoman Barker pointed out that the market days could continue then according to the 1982 regulations,only they couldn't have commercial vendors. what they want -commercial vendors. Mayor Bluntschly stated that this is Councilwoman Alger asked i f she could invite commercial vendors and her friends to her home,as long as the ven- dors were licensed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 6 Mr.Alexander replied that at some point it would become a business,such as tupperware parties -it would a dif- ference whether they were conducted once a year or once a week at one location. Councilwoman Barker stated that Avon or Shaklee sales were exempted from licensing in the 1982 regulations. City Clerk Kathleen Connelly explained that the 1982 regulations permitted a park resident to sell Avon,with a license,but a non-resident vendor was prohibited from selling in the park. Councilwoman Alger asked how a peddler can be restricted from going anywhere in the City they wish to. City Clerk Kathleen Connelly replied that their actions can be restricted i f they cease to be a peddler and are no longer mobile,and set up at one location,and then the zoning issue comes up again. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: 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 VEHICLE PARKS AS A CONDITIONAL USE PERMIT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Mayor Bluntschly recessed the meeting at 8:15 p.m. Mayor Bluntschly reconvened the meeting at 8:37 p.m. Councilwoman Alger MOVED THAT ORDINANCE NO.756,AS READ BY THE CITY CLERK,BE DENIED,AND THAT THE MARKET DAYS CONTINUE TO OPERATE UNDER THE POLICY OF 1982,FOR THE CRAFTERS WITHOUT COMMERCIAL VENDORS,WITHOUT THE CURRENT "A"FRAME SIGNS -BANNERS ARE ALLOWED AND THERE ARE ORDINANCES THAT CAN BE USED INSTEAD. Councilman Vehon seconded the motion. Councilwoman Barker reiterated that this disallows commercial vendors. Mayor Bluntschly clarifies that this would take the market day policy back to the 1982 provisions,allowing handi- REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 7 craft vendors to sell,but would not permit commercial vendors in any of the parks,and there would be no requirement for a conditional use permit. City Attorney David Alexander read the 1982 regulations:that sales be restricted to handi-crafts by park resi- dents only;to include residents of "sister"parks;any park residents selling commercial items within the park be licensed and have state sales tax numbers; residents from "sister"parks would not be allowed to sell commercial items; that the Planning and Zoning Commission consider these regulations with the rewrite of the Zoning Ordinance;that attempt be made to work out future problems. Councilman Vehon asked for a defini- tion of "sister"park. Ms Connelly replied that i t has been interpreted to mean just another park within the City of Apache Junction. Councilman Vehon stated that at this time,a person may go to another park with handi-craft items and sell to resi- dents without a license,which isn't exactly what is in the regulations but is how it's being enforced. Mr.Alexander confirmed that this is correct. Councilman Eidson commented that this is not a solution,but will only drag the issue out another year,as the market days center around the commercial vendors. Councilwoman Alger asked how many parks have commercial vendors come in at this point. Mr.Klingaman replied that it would be a small amount,with some of the bigger parks having more. Councilwoman Alger stated that she was told that only two to three parks would be affected by this ordinance. VOTE:In Opposition:Unanimous In Favor:None The motion failed. Councilman Eidson MOVED THAT ORDINANCE NO.756,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 8 1.BY STRIKING THE ENTIRETY OF SECTION I OF THE ORDINANCE 2.BY ADDING SECTION I IN GENERAL,SECTION 6.0101(5.n.)IS HEREBY ADDED TO READ AS FOLLOWS:"TO PERMIT WITHIN MOBILE HOME AND TRAVEL TRAILER PARKS, THE RETAIL SALES OF GOODS AND SERVICES BY PARK TENANTS AND OUTSIDE VENDORS,ONE DAY A WEEK WITH THE FOLLOWING PROVISIONS: A.THE PARK HAVE A MINIMUM OF FOUR DEVELOPED ACRES IN SIZE. B.THE PARK BE FULLY SCREENED TO THE OUTSIDE. C.THE PARK HAVE A RECREATION HALL LARGE ENOUGH TO ACCOMMODATE THE EVENT. D.THE CONDITIONAL USE PERMIT BE RENEWED EVERY FOUR YEARS. E.HOURS OF OPERATION SHALL BE 8:00 A.M.TO 5:00 P.M. F.ALL OTHER PROVISIONS OF THIS SECTION AND OTHER APPLICABLE LAWS BE MET. G.HAND-CRAFTED ITEMS/PATIO SALES BEING EXEMPT FROM VENDOR LICENSE REQUIREMENTS. Vice Mayor Damiano seconded the motion. Mayor Bluntschly requested that the City Attorney relate what the effects of this motion will be. City Attorney David Alexander explained that this will require parks to obtain a conditional use permit once every four years;that the park making application -or residents -have at least four developed acres;that handi-craft and patio sales are exempted now, so this won't change;that the park have an area large enough to accommodate the event;hours of operation 8 a.m.to 5 p.m. Councilman Vehon explained that even if a Homeowner's Association did all of the work involved with obtaining the conditional use permit,the application would have to actually be made by the property owner. Councilman Eidson asked i f this would be required to take place indoors. Mr.Alexander replied that this is not stipulated,and i f required to take place within a recreational hall, questions would be asked as to whether it's large enough,are there kitchen facilities,etc. Councilman Eidson added to the motion:THAT THE MARKET DAYS TAKE PLACE IN A RECREATIONAL AREA,AND NOT IN THE AREAS NORMALLY USED FOR RESIDENTIAL PURPOSES. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 9 Vice Mayor Damiano agreed to the addition to the motion. Councilwoman Alger asked i f this means someone wishing to have an individual patio sale during market days,they would not be allowed to do so. Mr.Alexander replied that this is not what he said,but that the event would take place at a particular location, and what an individual person does on their own or leased property is up to them,and i f park owners allow people to have rummage sales in front of their own house it would not be regulated by this ordinance. Councilwoman Alger argued that is she did not want to take her items to the recreational or common area and set up a table,she would be allowed to set up in front of her own home. Mr.Alexander replied that this is true. Councilman Vehon stated that the neighbors around the park may not wish to be a part of the market days,so would like to offer as an amendment to the ordinance:THAT THE PARK BE WHOLLY SCREENED TO THE OUTSIDE. Councilwoman Barker seconded the amendment. Councilman Eidson commented that he wouldn't object i f the parks are already screened,but that this would necessi- tate stipulating how the parks have to be screened. Mayor Bluntschly pointed out that if the ordinance passes with the amendment and a park is not screened,then i t would be required to be screened. Vice Mayor Damiano asked what the purpose of screening would be. Mayor Bluntschly offered the point of view that those living around a park may not wish to be subjected to the activities going on. Councilwoman Alger pointed out that i f the activities will be taking place at the recreational hall,which is usually in the center of the parks,why would screening be necessary. Councilman Vehon explained that the reason for requiring the screening is that this ordinance will be allowing a commercial use within a residential area,and that is not a problem as long as REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 10 i t is contained within that area and since most parks are already screened, activities can take place without surrounding neighbors even knowing it's going on. Councilman Vehon added that possibly parks without screening or only chain link fence can be excluded from these events,and this requirement would help with that exclusion. Councilwoman Alger commented that there are several parks that are not screened,and may be conducting market days,especially the older parks. Councilwoman Alger asked the audience i f there are any parks that would like to have market days,that do not have screening. The audience indicated that there are some. VOTE (on the amendment):In Favor:Councilman Vehon,Councilwoman Barker, Mayor Bluntschly Opposed:Councilwoman Alger,Councilman Eidson, Vice Mayor Damiano The amendment to the motion failed. VOTE (on the original motion): In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Vehon, Councilman Eidson,Vice Mayor Damiano Opposed:Mayor Bluntschly The motion carried. Mayor Bluntschly recessed the meeting at 9:02 p.m. Mayor Bluntschly reconvened the meeting at 9:12 p.m. PROPOSED ORDINANCE NO.770,AMENDING BUSINESS LICENSE REQUIREMENTS, MARKET DAYS )City Clerk Kathleen Connelly explained that these provisions for market day commercial vendors were con- sidered in September,and since there were no voiced objections to the ordi- nance,the same ordinance has been brought back with one change.Ms Connelly stated that the change is a $10 fee for additional locations rather than $15, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 11 and clarified that this would not apply to those people selling handi-crafts on a casual basis in their own park or another park,but it would apply however,to people in the handi-craft business and are regularly going within and without the City for the sole purpose of making money on those handi-craft items. Ms Connelly added that a memo was distributed recently requesting three additional changes,and recommended that those be incorporated into the ordinance.Ms Connelly thanked all of those representatives from the parks who participated on the committee for all of their help. Mayor Bluntschly asked i f the addi- tional location fee would enable a vendor to sell the same merchandise that they normally sell under their regular City Business License. Ms Connelly answered that this is correct,but that this would have to be inserted into the motion for incor- poration into the ordinance also. Councilman Eidson asked i f the City Clerk is going to read the ordinance by title only,with all of these amend- ments,what would the Clerk read. Ms Connelly explained that the title won't change,and that in the motion to adopt the amendments would be sited. Councilman Eidson voiced the opinion that some of this ordinance contradicts Ordinance No.756. Ms Connelly stated that it does not, and explained the relationship between "casual"handi-craft sales and yard sales. Councilman Eidson pointed out that Ordinance No.756 stated that the sales are to "park residents only",but yet this ordinance requires outside commercial vendors to be licensed. Ms Connelly explained that the sales are to be to park residents only,but the vendors can come into the park as long as they are licensed. Councilman Eidson said that he had though Ordinance 756 allowed anyone to go into the parks for the market days. City Attorney David Alexander retirated that Ordinance 756 permits commercial activity within travel trailer and mobile home parks,and that as long as the purchaser is a park tenant,there is uniformity between Ordinance 756 and Ordinance 770. words "for park tenants only". REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 12 Ms Connelly suggested deleting the Mayor Bluntschly opened the hearing to the public. Ms Evelyn Hillard addressed the Council in opposition to the ordinance,as a handi-craft vendor that does not live within a park. Mr.Bruce Klingaman expressed sympathy for Ms Hillard as someone in the "grey"area,and stated that not everyone's situation can be addressed in these regulations,and may need to be addressed on a case -to -case basis. Councilwoman Barker MOVED THAT ORDINANCE NO.770 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.770,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,BY ADDING A NEW ARTICLE 8-9 ENTITLED SALES WITHIN MOBILE HOME PARKS,RV PARKS,AND MOBILE HOME SUBDIVISIONS; REPEALING ANY CONFLICTING PROVISIONS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.770,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: A.FOURTH LINE,DELETE THE WORDS "FOR PARK TENANTS ONLY". ADD THE RECOMMENDATIONS PROPOSED BY STAFF IN THE MEMO DATED DECEMBER 18,1990, AS FOLLOWS: 1.AMEND SECTION 8-9-2 BY SPECIFICALLY LISTING THE ANNUAL RENEWAL FEE OF $35.00 FOR THE FIRST LICENSE AND $10.00 FOR EACH ADDITIONAL LICENSE. 2.AMEND SECTION 8-9-2 TO SPECIFICALLY INDICATE THAT ALL LICENSES UNDER THIS SECTION ARE VALID FOR A PERIOD OF 12 CONSECUTIVE MONTHS FROM THE MONTH OF ISSUE. 3.ADD A SUBSECTION C TO SECTION 8-9-2 WHICH CLEARLY SPELLS OUT THAT ALL LICENSES MUST COMPLY WITH THE APPROPRIATE HEALTH REGULATIONS. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 13 4.ADD A SUBSECTION D TO SECTION 8-9-2 WHICH STIPULATES THAT THE LICENSEE SHALL ALWAYS BE IN POSSESSION OF THEIR LICENSE(S)ISSUED FOR MARKET DAY SALES AND THAT THEY SHALL PRODUCE THE LICENSE OR A COPY THEREOF UPON THE REQUEST OF THE CITY OR THE EVENT SPONSOR. AND WHERE THE ADDITIONAL FEE IS ADDED IN SECTION 8-9-2,"ADDITIONAL FEE FOR EACH ADDITIONAL PARK AT WHICH VENDOR ELECTS TO SELL THE SAME GOODS AND ITEMS FOR WHICH THEY WERE LICENSED". Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. City Attorney David Alexander stated that this ordinance,by striking out "for park tenants only",conforms with Ordinance 756 by permitting outside people to come in and purchase at market days;that the vendors have to sell the same things in the parks that they are licensed to sell;the renewal fees will be $35.00;licenses are valid for a 12 month period from issuance;and i f the license applies to health regu- lation,those need to be complied with;and that the vendor is always to have a copy of the license available to produce to show the City or the park. PROPOSED RESOLUTION NO.90-51,CUP -3-90, (CONNOLLY/TENHOVEN) )Planning Division Manager Jim Nakagawa explained that this is an appeal by Glen TenHoven,represented by Paul Connolly,of a decision made by the Planning and Zoning Commission to deny a conditional use permit.Mr.Nakagawa further explained that the request was to open a golf driving range 100 feet southeast of the intersection of Royal Palm and Highway 60,on a presently vacant lot which is zoned C-4 Heavy Commercial. City Manager Michael R.Lee stated that after attending the demonstration at the golf driving range,he did not feel there was any concern with golf balls reaching any surrounding residences, however,i t is conceivable that a ball could go out into the highway,and recom- mended screening along 150 yards of the highway and that the developer list the City as an additional insured. City Attorney David Alexander apolo- gized to Paul Connolly for not contacting him regarding the advice given Council,not to go to the demonstration. Councilman Vehon asked i f there was a lot of information regarding the design of golf driving ranges. Mr.Nakagawa replied that there was not at first,and not being a golfer,he had to rely on information from city REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 14 staff that do golf and from the City of Mesa whose Council recently denied a similar case. Councilman Vehon reiterated that there was no professional advice as far as golf ranges. Mr.Nakagawa added that Parks and Recreation Director Jeff Bell's advice was solicited,although he is not an "expert". Mr.Glen TenHoven,865 S.Wickiup Road,Apache Junction,requested approval of the appeal,stating that he did not believe that screening was necessary as it would be unlikely a ball would go to the highway,however,i f there is a problem with that happening he would put up netting.Mr.TenHoven also stated that he would add the City on the insurance for $1 million dollars. Councilwoman Barker stated that i t appears that a barrier will not be put up until someone gets hurt. Mr.TenHoven stated that he felt that it would be not be risk of that happening,but if balls start going in that area,netting will be put up. Councilwoman Barker asked what cri- teria would be used to ascertain that netting is necessary. Mr.TenHoven replied that if balls go into the 50 foot right-of-way,close to the highway,netting will be put up for 300 feet in that area but that a problem is not foreseen. Councilman Vehon asked the applicant what standards were used in the design of the range. Mr.TenHoven replied that it was designed by his own experience,and the tee boxes were placed to keep them away from the road,but that he has no professional experience. Vice Mayor Damiano asked i f flooded areas would be diverted to Weekes Wash. Mr.TenHoven stated that he would not object to putting in a retention basin,but the lay of land indicates that the water would naturally go into Weekes Wash. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the appeal. Ms June Thompson,240 E.Estevan, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 15 Apache Junction,property owner directly behind the property in question, addressed the Council in favor of the driving range,stating that she felt i t would be an improvement to the property. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT RESOLUTION NO.90-51,APPROVING A CONDITIONAL USE PERMIT,CASE NO.CUP -3-90,FOR A GOLF DRIVING RANGE ON A COMMERCIAL PROPERTY ZONED C-4 (HEAVY COMMERCIAL),BE APPROVED AND ADOPTED. Councilwoman Alger seconded the motion. Councilman Vehon asked i f it would be necessary to insert the stipulations discussed. Councilwoman Alger pointed out that i f the applicant doesn't follow through with the agreed upon stipulations,the permit can be rescinded. City Attorney David Alexander stated that i f the motion is adopted,the Council is approving the resolution only. Vice Mayor Damiano and Councilwoman Alger withdrew the motion and second. Councilman Eidson suggested including a three month review in the motion,so that if balls are going out on the highway,a fence will be put up. blanks in the resolution are for. Councilwoman Alger asked what the Councilwoman Barker explained that these are to be filled in with evidence that the golf drive range does not pre- sent a hazard. Mayor Bluntschly stated that the first 150 yards wouldn't need the screening -it would be further down. Mr.Lee disagreed,and stated that by attending the demonstration,he had observed that it would be the first 150 yards. Councilman Vehon asked if authoriza- tion could be given the City Manager to watch the situation,and require fencing i f i t becomes necessary. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 16 City Attorney David Alexander com- mented that i t is questionable whether the Council can delegate legislative decisions to the City Manager,and what standard would the City Manager base a decision on -two golf balls in the road? Councilman Vehon commented that the Council will have the same problem in determining a standard for requiring screening. Councilwoman Barker clarified the two problems as:the proposed usage of the land was not done professionally with any specific criteria;and that there were no standards by which to gauge health,safety,etc. City Attorney David Alexander suggested limiting the use,with a required review after possibly six months, with monitoring during that time. Councilwoman Alger asked i f the Zoning Administrator doesn't have the right to rescind a CUP i f the property owner is not complying with stipulations. Mr.Alexander replied that this is correct. Councilwoman Alger asked i f i t wouldn't be more consistent to vest this ability to the Zoning Administrator, rather than the City Manager. Mr.Alexander replied that it would be. Councilwoman Alger suggested the Zoning Administrator rescind the permit,should he deem i t necessary because of a hazard existing. City Attorney David Alexander suggested that it may be difficult for the Zoning Administrator to determine what is a safety hazard. Councilwoman Alger stated that i f someone calls in a complaint that a golf ball went by their windshield,that would be a safety hazard. Councilwoman Alger MOVED THAT RESOLUTION NO.90-51,APPROVING THE CONDITIONAL USE PERMIT,CASE NO.CUP -3-90, FOR A GOLF DRIVING RANGE ON A COMMERCIAL PROPERTY ZONED C-4 (HEAVY COMMERCIAL), BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 17 PAGE 1,PARAGRAPH 2,DELETE "WHEREAS,THE FOLLOWING SATISFACTORY EVIDENCE HAS BEEN RECEIVED,ETC...INDENTED PARAGRAPH 1)"THE APPLICANTS ARE TO ARRANGE THE OVERALL LAYOUT PER PLANS PREVIOUSLY TO BE SUBMITTED TO THE DEVELOPMENT SERVICES DEPARTMENT.INDENTED PARAGRAPH 2),DELETE;3),DELETE;4),REMAINS AS IS;5), WATER RETENTION BASIN ALONG THE SOUTHERN BOUNDARIES TO BE CONSTRUCTED,ALLOWING FOR EASEMENTS,REMAINS;ADD 6)TO READ "THAT SHOULD THIS ENDEAVOR BECOME A DEMONSTRATED HAZARD,THE ZONING ADMINISTRATOR SHALL WITHDRAW THE CUP;AND THAT THE CITY BE AN ADDITIONAL INSURED FOR ONE MILLION DOLLARS. Mayor Bluntschly seconded the motion. Councilman Eidson expressed concern over requiring a water retention basin,as the neighbors will have a pond of water in their back yards. Councilwoman Alger added to the motion THAT INDENTED PARAGRAPH 5 BE DELETED. Mayor Bluntschly,having seconded the motion,agreed to the addition to the motion. Councilman Vehon asked i f the stipu- lation in the resolution requiring the applicant to comply with the Dark Sky Ordinance isn't redundant,as the applicant would have to comply with that anyway. true. Mr.Nakagawa replied that this is Councilman Vehon commented that the neighbors would rather have the trees and shrubbery than a water retention basin. Councilman Vehon asked i f i t is determined that a fence is necessary,will the City set the height requirement. Mayor Bluntschly replied that that would be the decision of the Zoning Administrator. Councilman Vehon asked what happens I f the applicant disagrees with the decision of the Zoning Administrator. City Attorney David Alexander answered that anytime there is a disagreement such as this,the applicant would have an appeal process. Mr.Nakagawa commented that Council may wish to request information from the City Engineer regarding the necessity REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 18 of a water retention basin,and that should fencing be required,while it may resolve safety problems,fences aren't always that attractive and that staff had submitted landscaping requirement for consideration. Councilwoman Barker asked for an opinion from City Engineer Gordon Grandy. City Engineer Gordon Grandy stated that a water retention basin wouldn't be necessary for this type of development. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.771,PZ-17-90, DAVID AND LINDA BEYER )Planning Division Manager Jim Nakagawa briefed the Council on the request for rezoning of a 1.25 acre parcel located at the northwest corner of East 20th Avenue and Southe Hilton Road,from General Rural to CR-2(MH)Single Family Residence/Manufactured Homes permitted, and stated that the Planning and Zoning Commission recommended approval of the rezoning subject to stipulation,and that staff recommends approval also. Mr.David Beyer,1980 S.Hilton, Apache Junction,stated that the only problem he had with the stipulations was the requirement to remove the legal nonconforming structure,which is a garage. applicant is proposing. is to divide one lot off of the property. Mayor Bluntschly asked what the Mr.Beyer replied that the proposal Councilman Vehon pointed out to staff that the applicant would still not be able to split the lot even with the stipulation. Mr.Nakagawa stated that the issue is that the garage sits in the side yard instead of the read yard where the Code requires it,and the applicant intends to split off the north portion,so the parcel would still have the house and garage on one parcel.Mr.Nakagawa explained that anytime there is a rezoning,if a nonconforming situation exists, the City has an opportunity to eliminate i f the Council believes i t is serious enough although this doesn't appear to be a serious nonconformity. Councilman Vehon asked what the set- back requirement would be if a mobile home were there and a garage was being constructed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 19 Mr.Nakagawa replied that the garage would be required to be in the rear yard with a 40 foot rear and side yard,and the garage would be behind that. Councilman Vehon asked i f there aren't different setbacks for accessory structures. Mr.Nakagawa answered that there are,it would have to be four feet to the lot lines. Councilman Vehon asked how far to another building. Mr.Nakagawa replied that it would have to be seven feet from the main building. Councilman Vehon asked how many feet exist with this building. Mr.Nakagawa replied that he has seven feet. Councilman Vehon pointed out that the garage is actually ten feet from the mobile home,so the problem is that i t isn't in the back yard. 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. Councilwoman Alger MOVED THAT ORDINANCE NO.771,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Eidson seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.771,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-17-90 FROM GR (GENERAL RURAL)TO CR-2(MH)(SINGLE FAMILY REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 20 RESIDENCES ON 11,000 SQ.FT.MINIMUM LOTS/MANUFACTURED HOMES PERMITTED); REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.771,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT IN TITLE THE LINE THAT SAYS "SINGLE FAMILY RESIDENCES ON 11,000 SQ FT. MINIMUM LOTS/MANUFACTURED HOMES PERMITTED"BE DELETED; AND THAT IN SECTION I ,THE SAME SENTENCE BE DELETED. motion. pulation regarding the garage still applies. would have had to be added to the ordinance. VOTE:Unanimous The motion carried. Councilwoman Barker seconded the Councilman Eidson asked i f the sti- Councilwoman Alger replied that i t PROPOSED ORDINANCE NO.772,PZ-21-90, REVISION TO ARTICLE 3 OF THE ZONING ORDINANCE (NONCONFORMING USES) )Planning Division Manager Jim Nakagawa explained this project has been worked on for two to three years,by the Planning and Zoning Commission,Economic Development Commission and staff, and outlined the issues involved.Mr.Nakagawa stated that the Planning and Zoning Commission recommended approval of the the proposal to include Section D of the Mesa Ordinance and the concerns of the City Attorney and Building Official with the amendment that the property owner be notified six months prior to the expiration of the twelve month nonconforming use cessation period. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the item. Mr.Ron Scott,8CR Box 512C,Payson, Arizona,addressed the Council,stating that he had just purchased property in Apache Junction,and addressed concerns he has with portions of the ordinance. Mr.William Leffler,1450 S. Meridian,Apache Junction,new owner of property in Apache Junction,stated that i f this ordinance is passed he will lose his business as i t is some of the few low-income homes still available. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 21 There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.772,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.772,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING ARTICLE 3 APPLICATION OF ORDINANCE AND ARTICLE 5 DEFINITIONS TO ESTABLISH NEW PROVISIONS AND DEFINITIONS AFFECTING NONCONFORMING USES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.772,AS READ BY THE CITY CLERK,BE DENIED. Vice Mayor Damiano seconded the motion. Councilman Eidson stated that his house is nonconforming,and many in Apache Junction area nonconforming,and what would this ordinance do to those homeowners. Councilwoman Alger asked what the difference is between Building Code and Zoning Ordinance nonconforming uses. Building Official Charles Coleman stated that one is not in conformance with the Building Code,and one is not in conformance with the Zoning Ordinance. Councilwoman Alger asked which would Councilman Eidson's house be in nonconformance with. Councilman Eidson stated that he was referring to lot sizes and setbacks. Mr.Coleman explained that many of these structures are not in compliance with the Code requirements,but this ordinance does not address that,i t addresses primarily land and structures that are not in compliance with the zoning district within which they are located. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 22 Mr.Coleman added that should the ordinance be approved,the same nonconformances existing today will continue to exist,unless Councilman Eidson's house burned down,he would not be able to rebuild i f it wasn't within the zoning district in which i t should be located, and much of these nonconformances deal with exceptions that can be dealt with through the Board of Adjustments. Councilman Eidson stated that many things are not addressed specifically in the ordinance. Mr.Coleman stated that this ordi- nance is a total rewrite,and that this prohibits the expansion of nonconforming uses which is the direction given to staff by Council,and further that this puts the burden on the property owner which was also the direction given. Mr.Coleman further stated that this ordinance addresses an appropriate ter- mination of nonconforming uses,particularly in zoning districts,and this is authorized by the State. Councilman Eidson objected to the citizen having the burden of proof. Mr.Coleman explained that noncon- forming uses enjoy rights that another property owner within the same district does not enjoy,and we are simply requiring him to show why he is entitled to those rights that were given him,and further that the State does protect those rights. Mr.Coleman further explained that these nonconforming uses will not go away soon,and i t can take years,however, they will be regulated much more carefully. Councilwoman Alger suggested that the Council needs more time to discuss this issue,so this should be postponed. Damiano withdrew the motion and second. Councilman Eidson and Vice Mayor Councilwoman Alger MOVED THAT ORDINANCE NO.772 BE POSTPONED TO THE WORK SESSION OF FEBRUARY 4TH AND THE REGULAR MEETING OF FEBRUARY 5TH. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 23 PROPOSED ORDINANCE NO.773,ESTABLISHING STOP SIGNS ON IDAHO AT BASELINE,BASELINE AT IRONWOOD,AND SOUTHERN AT MERIDIAN (WITH THE EMERGENCY CLAUSE) )City Engineer Gordon Grandy stated that two new roads are being opened and stop signs are necessary. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.773,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. as follows: Councilwoman Barker seconded the City Clerk Kathleen Connelly read ORDINANCE NO.773,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING LOCATIONS FOR STOP SIGNS WITHIN THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.773,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 24 CONSIDERATION OF REQUEST TO REMOVE BOARD OF ADJUSTMENT MEMBER )Vice Mayor Damiano MOVED THAT MR.DANIEL WILSON BE REMOVED FROM THE BOARD OF ADJUSTMENT. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS WASTEWATER POLICY CRITERIA Director of Public Works Rich Broman stated that confirmation of the Wastewater policy criteria is requested. Vice Mayor Damiano MOVED THAT ITEMS ONE THROUGH TEN,OUTLINED IN THE STAFF MEMORANDUM DATED DECEMBER 10,1990,BE APPROVED; AND THAT THE CITY MANAGER BE DIRECTED TO USE THESE ITEMS AS PARAMETERS IN FORMULATING A WASTEWATER FACILITIES PLAN,A PUBLIC INFORMATION PROGRAM AND DEVELOPING NECESSARY DOCUMENTS. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. AMENDMENT TO ZONING ORDINANCE,SECTION 21.10(g)RELATED TO PLACEMENT OF BANNERS ) )Councilman Vehon asked i f the intent of this direction is to allow the banners permanently. is the intent,or until they are tattered.Vice Mayor Damiano replied that this Councilwoman Barker commented that we would have banners strung all over town. Vice Mayor Damiano MOVED THAT STAFF BE DIRECTED,THROUGH THE CITY MANAGER,TO PREPARE AMENDMENTS TO SECTION 21.10(g) REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 25 OF THE ZONING ORDINANCE TO ALLOW FOR PLACEMENT OF BANNERS WITHOUT SPECIFIC TIME LIMITS. motion. Councilman Eidson seconded the VOTE:In Favor:Councilman Eidson,Vice Mayor Damiano,Councilwoman Alger Opposed:Councilwoman Barker,Councilman Vehon,Mayor Bluntschly The motion failed. EXECUTIVE SESSION,WORK SESSION, JANUARY 14,1991 EXECUTIVE SESSION,JANUARY 15,1991 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JANUARY 14,1991,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,ON JANUARY 15,1991,IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilman Eidson,Councilwoman Barker,Councilwoman Alger, Mayor Bluntschly Opposed:Vice Mayor Damiano Abstained:Councilman Vehon The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 11:25 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 26 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of December 4,1990. 3.Acceptance or denial of claim against City filed by John Larry McLaws on behalf of Bernice Curtiss. 4.Approval of Intergovernmental Agreement to join the Pinal County Library District. 5.Award of Bid Project No.ENG-90-03,Relocation and Contruction of Police Department Support Facilities and Remodeling of Existing Police Building. APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF JANUARY ATTEST: KATHLEEN CONNELLY City Clerk KE ETH BLUNTSCHLY Mayor CITY COUNCIL MINUTES CERTIFICATION ,1991. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 18th day of December,1990.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 27 Dated this cati day of JANUARY 1991. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,1990 PAGE 28