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HomeMy WebLinkAbout1989-07-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 18,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 18,1989,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 7:09 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon Vice Mayor Damiano Mayor Bluntschly Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Assistant to the City Manager George Hoffman Lieutenant Dan Scott Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Associate Planner/Deputy Director Jim Nakagawa Mr.James Greer 2545 S.Winchester Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 1 Ms Jean Perkins 616 N.Cactus Apache Junction,Arizona Mr.J.R.Palmer 2761 S.Winchester Apache Junction,Arizona Ms Bonnie McCune,Manager Arizona Supermarkets Ms Lillian Moody State Land Department Mr.J.A.Long 475 E.26th Avenue Apache Junction,Arizona Ms Midge Conway 902 S.Ocotillo Apache Junction,Arizona Mr.Bill Moser P.O.Box 768 Apache Junction,Arizona Mr.John Harambasic 1300 S.Spurr Apache Junction,Arizona Mr.David Alexander 6915 E.Apache Trail Apache Junction,Arizona Mr.Earl Laabs 1322 N.Goldfield Apache Junction,Arizona Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Mayor Bluntschly stated that there are requests from the public to speak on Consent Agenda Items,and asked for a consensus of the Council to pull those from the Consent Agenda,to allow public comment. ACCEPTANCE OF CONSENT AGENDA )Councilman Cox MOVED THAT CONSENT REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 2 AGENDA ITEMS NOS.1-11 BE ACCEPTED AS PRESENTED,WITH THE EXCEPTION OF ITEM NOS. 8 AND 9,THAT THEY BE REMOVED FROM THE CONSENT AGENDA. AND THAT THE SUPERSTITION BOULEVARD STREET IMPROVEMENT DISTRICT AND RECAPTURE AGREEMENT BE CONTINUED TO THE REGULAR CITY COUNCIL MEETING OF AUGUST 1,1989; AND THAT THE ANNUAL REPORT OF THE LIBRARY BOARD OF TRUSTEES FOR JULY 1,1988, THROUGH JUNE 17,1989,BE ACCEPTED AS PRESENTED; AND THAT THE RESIGNATION OF MICHAEL SLEESEMAN FROM THE BOARD OF ADJUSTMENTS BE ACCEPTED WITH REGRET,AND THAT DANIEL WILSON BE APPOINTED TO THE BOARD OF ADJUSTMENTS TO THE UNEXPIRED TERM TO END ON JUNE 30,1990; AND THAT THE BID FOR UMPIRING SERVICES BE AWARDED TO EAST MESA OFFICIALS IN THE AMOUNT OF $13.75 PER GAME,NOT TO EXCEED $8,250.00; AND THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF COMMUNITY SERVICES,THROUGH THE ACTING CITY MANAGER,TO RENEGOTIATE THE LICENSE AGREEMENT FOR USE OF THE SENIOR CENTER. Councilman Cox added to the motion THAT ITEM 8 AND 9 BE CONSIDERED PRECEDING ITEM NO.12. Councilwoman Barker seconded the motion. Councilwoman Alger amended the motion:THAT SECTION 5 OF THE LEASE AGREEMENT BE NEGOTIATED SO THAT THE CITY WILL HAVE APPROVAL OF THE RESPONSIBLE PARTY THAT WILL BE IN CHARGE OF THE SENIOR CENTER. Vice Mayor Damiano seconded the amendment. VOTE (on the amendment):Unanimous VOTE (on the original motion as amended):Unanimous The motion carried as amended. Introduction of Distinguished Visitors and Guests Mayor Bluntschly thanked everyone for attending the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 3 Mayor Bluntschly presented Certificates of Appreciation to Lillian Castro, Charlotte Callahan,Eleanor Lynch,Richard Taylor,for service on Boards and Commissions. CALL TO THE PUBLIC Mr.James Greer,2545 S.Winchester,Apache Junction,addressed the Council regarding his difficulty in obtaining a business license as a ferrier and horse trainer,and expressed objections to the proposed rezoning. Ms Jean Perkins,616 N.Cactus,Apache Junction,stated that people that wish to be reappointed to boards and commissions,should be,as i t appears that members are being hand picked.Ms Perkins also addressed the Council regarding a bingo license for the Senior Center,to bring revenue to the Center,and that a holding cell be provided for the Police Department. Ms Perkins asked that the property under the power lines be annexed,so that i t may be developed as a hiking and equestrian trail. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly stated that today was the deadline for proposals for the use of the Handicapped Center,and that one was received which will be presented to a Committee composed of individuals representing professional agencies not involved with those submitting a proposal,and after which i t will be returned to the Council for action.Ms Connelly also stated that the deadline for the construction of the Center is coming up,and a recommendation for award will be placed on the August 1st Council agenda,and i f the schedule is kept the Center should be open for use by November. Ms Connelly reminded the Council that the tentative budget adoption has been continued to July 20th,Thursday at 6:30 p.m.,in the City Council Chambers,and encouraged the public to attend,and further,that the final budget adoption is tentatively scheduled for August 1st. WASTEWATER FACILITIES PLAN AND CAAG 208 WATER QUALITY MANAGEMENT PROGRAM AMENDMENT) )Mayor Bluntschly opened the item for public comment. Mr.J.R.Palmer,2761 S.Winchester, Apache Junction,addressed the Council stating that the wastewater facility is not necessary at this time,based upon his experience with septic tanks. Councilwoman Alger MOVED THAT THE "WASTEWATER FACILITIES PLAN"DATED JUNE 29,1989,AND THE "CENTRAL ARIZONA REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 4 ASSOCIATION OF GOVERNMENTS 208 WATER QUALITY MANAGEMENT PROGRAM AMENDMENT"DATED JUNE 1989,BE ACCEPTED AS PUBLIC DOCUMENTS;AND FURTHER THAT THE LETTER TO THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS RELATIVE TO DESIGNATION OF THE CITY OF APACHE JUNCTION AS A MANAGEMENT AGENCY DATED JUNE 26,1989,AND THE LETTER TO THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY RELATIVE TO THE CONSTRUCTION GRANTS PROGRAM DATED JUNE 27,1989,BE RATIFIED. motion. Vice Mayor Damiano seconded the Councilman Vehon pointed out to the public that this action is only accepting the document prepared by the consultant as a preliminary study of Apache Junction,i f the plant were constructed,and does not indicate that i t will be done at this time or even in the near future,but in order to make an intelligent decision i t is necessary to have facts to base i t on. VOTE:Unanimous The motion carried. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION )Councilwoman Alger MOVED THAT RAMONA SLEESEMAN AND NICK MCVICKER BE APPOINTED TO THE PARKS AND RECREATION COMMISSION, SAID TERMS TO EXPIRE ON JUNE 30,1992. Councilman Cox seconded the motion. Vice Mayor Damiano stated that Jean Perkins comments are correct in some ways,that perhaps a maximum number of terms should be decided for an individual to be a member of a board or commission,as to continue reappointing may discourage people from applying,but that Ramona has only been on the Commission for one year. Mayor Bluntschly asked i f someone is serving on a board or commission,are qualified,and doing an excellant job,why should that be limited? Vice Mayor Damiano stated that there may be someone else out there who is just as qualified. Mayor Bluntschly further commented that why change something i f it's known to be working well. Councilman Cox commented that there are no other applications. Vice Mayor Damiano added that the vacancy was advertised,but no one responded. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 5 VOTE:Unanimous The motion carried. PUBLIC HEARINGS APPLICATION FOR PERSON TRANSFER OF SERIES 9 LIQUOR LICENSE AND INTERIM PERMIT FOR ARIZONA SUPERMARKETS,INC., DBA BAYLESS #32 )Mayor Bluntschly asked i f the applicant is present. Ms Bonnie McCune,Manager for Arizona Supermarkets,addressed the public and Council stating that the store is open for suggestions to improve the store and become community oriented. Mayor Bluntschly opened the hearing to the public and asked i f anyone wished to address the Council.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 9 LIQUOR LICENSE AND INTERIM PERMIT,SUBMITTED BY MR.H.J.LEWKOWITZ,AGENT FOR ARIZONA SUPERMARKETS,INC., DBA BAYLESS #32,LOCATED AT 350 W.APACHE TRAIL,APACHE JUNCTION,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.680,PZ-4-89, COMMISSION INITIATED REZONING OF ANNEXED AREAS OF SECTION 33,T.1 N., R.8 E AND OF SECTIONS 4,5,AND 6, T.1 S.,R.8 E. )Associate Planner/Deputy Director Jim Nakagawa briefed the Council on the Planning and Zoning Commission -initiated zoning of most of the 1986 and 1989 annexed areas of Section 33,T.1 N.,R.8 E. and Sections 4,5,and 6,T.1 S.,R.8 E.,which are overdue to be zoned to a city classification. Mr.Nakagawa stated that the Planning and Zoning Commission recommends State Trust Lands in Sections 4,5, REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 6 and 6 be zoned to GR/PD,the area in Section 33 that was recommended previously for R1-43/PD be zoned to GR,and certain parcels in Section 33 previously recommended for TH be zoned CI -1 and CI -2. Councilman Vehon asked i f the representative from the State Land Department would address the Council with input at this time. Ms Lillian Moody,State Land Department,asked i f there were any questions? Councilman Vehon asked i f once the State began the process for planning the site for development,and the City did not choose the zoning proposed,how would that be handled? Ms Moody replied that the State Land Commissioner may over -ride the zoning chosen by the City,but is not politically desireable by the State,and the State does work hard to work with the municipality.Ms Moody also commented that the R1-43/PD was considered to be inappropriate for that large of an area,especially with the "public perception". Councilwoman Alger stated that the purpose of R1-43/PD is a deeper version of GR with the intent for a "holding pattern". Mr.Palmer addressed the Council in opposition to the rezoning,asking that i t be zoned GR. Mr.J.A.Long,475 E.26th Avenue, Apache Junction,spoke in opposition to the rezoning. Mr.Greer also addressed the Council in opposition to rezoning to GR,and asked what "PD"is. Mayor Bluntschly explained that i t requires an approved,planned approach to development. Mr.Greer suggested "PD"be added to the GR zoning. Councilman Vehon asked i f Mr.Greer would like to have gone through the planned development process to develop his property as i t is,explaining what that would mean. Mr.Greer stated that this area already has homes,and should someone sell their property,i t would control the uses. Councilman Vehon replied that a new owner can still request rezoning to CR-2,for example,so it's redundant to have PD placed on GR and serves no purpose. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 7 Mr.Greer commented that nothing, than,is cast in stone. Mrs.Midge Conway,902 S.Ocotillo, Apache Junction,stated that something should be done with the property as pertains to zoning now,rather than letting i t stay GR,so that developers will know what they're working with. City Attorney David Alexander asked to be excused as City Attorney,in order to address the Council. Mr.David Alexander,6915 E.Apache Trail,Apache Junction,addressed the Council regarding the east quarter of Section 33,the "Baseline Corridor"which is a strip of land about 100'in width and pointed out that the County land adjoining that is zoned CI -1,and that people will be requesting rezoning when they will have a portion of land in the County and a portion in the City.Mr.Alexander requested that that small strip of land be zoned CI -1 to conform. Mr.Bill Moser,P.O.Box 768,Apache Junction,property owner,asked that this area be zoned to conform with the adjoining CI -1 or 2. Mr.John Harambasic,1300 S.Spurr, Apache Junction,business owner in Apache Junction,also pointed out that much of the adjoining properties are zoned CI -1 and 2,and requested CI -1 zoning. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.680 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. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.680,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,ESTABLISHING ZONING DISTRICT CLASSIFICATIONS IN ANNEXED AREAS IN REZONING CASE PZ-4-89 TO TH (TRAILER HOMESITE),CR-2/MH REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 8 (SINGLE FAMILY RESIDENCE ZONE/MANUFACTURED HOME),CI -1 (LIGHT INDUSTRY AND WAREHOUSE ZONE),CI -2 (HEAVY INDUSTRIAL ZONE),AND R1-43/PD (SINGLE FAMILY RESIDENCE ZONE;CONVENTIONAL CONSTRUCTION;1.0 TO 1.25 ACRE LOTS/PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.680,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: 1.THAT THE PORTION OF SECTION 33 IN THE NORTHWEST QUARTER THAT WAS RECENTLY ANNEXED,EXCEPTING THE PUEBLO RESORT AND TWIN PALMS MOBILE HOME PARK,BE REZONED TO TH (EXISTING MOBILE HOME PARK),THAT THE EXISTING CR-2 (MH) PARCEL BE RETAINED AS SUCH,AND THAT THE BALANCE OF THAT PROPERTY BE REZONED TO GENERAL RURAL; 2.THAT THE SOUTHWEST QUARTER OF SECTION 33,SOUTH OF THE FREEWAY,THE TWO EXISTING PARCELS THAT HAVE BEEN ZONED CI -1 AND CI -2,BE RETAINED AS SUCH, AND THAT THE BALANCE OF THAT PROPERTY BE REZONED TO CI-1/PD; 3.THAT THE SOUTHEAST QUARTER OF SECTION 33,THE 100 FOOT STRIP,THE NORTHWEST CORNER OF TOMAHAWK AND BASELINE BE REZONED TO CI -1,AND THAT ANY OTHER PROPERTIES THAT ABUTT THAT PROPERTY THAT ARE ALREADY ZONED CI -1,REMAIN CI -1,AND ANY OTHER PORTIONS BE REZONED TO CI-1/PD; 4.THAT SECTIONS 4,5,AND 6,THAT HAVE BEEN ANNEXED,BE REZONED TO GENERAL RURAL. motion. Councilman Eidson seconded the Councilwoman Alger stated that GR is not sufficient,but i f the State does the planning as they say they will,i t will be agreeable at this time,and asked why not all CI areas be "PD"i f some are to be? Councilman Vehon replied that i f those properties are now zoned under the County without,they should remain so as i t could leave the City open for problems to do otherwise. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:40 p.m. Mayor Bluntschly reconvened the meeting at 8:52 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 9 PROPOSED ORDINANCE NO.681,PZ-1-89, REPEAL OF LAND SPLIT ORDINANCE )Associate Planner/Deputy Director Jim Nakagawa explained that staff was directed to forward recommendations on the possible repeal of the Land Split Ordinance to the Council,as Councilman Burgess felt that i t was not accomplishing what i t was intended to,and outlined the rationale of the Subdivision and Land Split regulations. Mr.Nakagawa stated that staff suggests a committee be formed to expand the literature on the subject,and that the Planning and Zoning Commission posed several policy questions and recommends a committee also that the Land Split Ordinance be retained,denying Ordinance No.681. Mayor Bluntschly asked i f i t is staff's opinion that the repeal of Ordinance No.681,be denied? Mr.Nakagawa agreed,along with the amendments being implemented. Councilwoman Barker asked what time frame is considered for the Committee,study,consideration,etc. Assistant to the City Manager George Hoffman and Acting Director of Planning,suggested waiting until Council priorities are set prior to selecting a date to accomplish this. Councilwoman Barker commented that in other words,this is for some future unknown time. Ms Connelly suggested postponing this until the first joint Council/Planning and Zoning Commission work session to discuss all options,and asked the City Attorney that i f the Council doesn't wish to repeal this,i t would have to be readvertised after the work session i f i t is not continued. Councilwoman Barker asked i f the Council denies this Ordinance and postpones recommendations,will i t do anything other than simply that? Mayor Bluntschly stated that the simplest solution would be to postpone the entire issue until the work session. Councilwoman Alger stated that this ordinance should be denied,and to look at the study later. Mr.Hoffman further commented that at the time of the work session,the Council may set a date in which to bring back recommendations. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 10 Vice Mayor Damiano recommended taking the staff recommendations. Councilman Vehon asked who would be in the Committee? Mr.Hoffman stated that i t could be a couple of private sector persons and a couple of staff. taking the staff recommendations. in the Committee? Councilman Vehon suggested some public at large,who have gone through the lot split process to allow for more understanding of the process. Mayor Bluntschly opened the hearing to the public. Mr.Earl Laabs,1322 N.Goldfield, Apache Junction,requested that he be on the Committee. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,also requested a place on the Committee. Mrs.Midge Conway volunteered for the Committee,and stated that she worked on the original Land Split Ordinance. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.681 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.681,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE III OF THE APACHE JUNCTION SUBDIVISION REGULATIONS,DELETING THE REQUIREMENTS FOR LAND SPLITS BY REPEALING ORDINANCE NO.457 AND ORDINANCE NO. 625;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.681,AS READ BY THE CITY CLERK,BE DENIED,AND THAT: REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 11 1.THE CITY COUNCIL ADOPT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION TO RETAIN THE LAND SPLIT ORDINANCE AND THAT PROPOSED ORDINANCE NO.681,WHICH PROPOSES THE REPEAL OF THE ORDINANCE,BE DENIED; 2.THAT STAFF BE ALLOWED TO FORM A COMMITTEE THAT WOULD ASSIST IN EXPANDING CUSTOMER LITERATURE REGARDING THE ORDINANCE; 3.THAT THE COUNCIL,THE COMMISSION,AND STAFF REEVALUATE THE LAND SPLIT ORDINANCE WITHIN THE OVERALL REVIEW OF PROVIDING FOR INFRASTRUCTURE (DEVELOPMENT IMPACT FEE). AND THAT RECOMMENDATIONS BE BROUGHT BACK TO THE CITY COUNCIL ON SEPTEMBER 19, 1989. Councilman Cox seconded the motion. Councilman Vehon asked that his comments earlier about the Committee membership be taken into consideration, though not as part of the motion. Mr.Hoffman acknowledged that those comments will be taken as instruction. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.89-14,DECLARING UNIFORM SIGN CODE,1982 EDITION PUBLIC RECORD PROPOSED ORDINANCE NO.677,ADOPTING THE UNIFORM SIGN CODE,1982 EDITION BY REFERENCE )Mayor Bluntschly called upon the Acting City Manager/City Clerk Kathleen Connelly. Ms Connelly explained that May 16th, staff requested that this Resolution and Ordinance be adopted declaring the Uniform Sign Code public record and adopting by reference,which is due to the fact that these regulations are being followed by the City but have not been properly incorporated into the City Code and is simply a "housekeeping"measure. Councilman Eidson asked i f this would mean the City being without a Sign Code for the 30 day period before this becomes effective. Ms Connelly stated that this is not the Sign Code,but is an enhancement for safety purposes. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 12 City Attorney David Alexander explained that the City Sign Code referrs to these regulations,which are construction as opposed to size of signs and location. Ms Connelly added that until recently that particular portion of the Sign Code had not been used,and i t is appropriate to adopt this officially. Vice Mayor Damiano asked what portion of the Sign Code deals with "dummies"sitting on a chair. Mr.Alexander replied that i t is not in this document,but that a "dummy"may not be a sign. Vice Mayor Damiano stated that the owners of the two Indians sitting on a chair have heard rumors that they will have to be removed,and i t would effect their business. Mayor Bluntschly stated that this is a concern but does not pertain to this agenda item. Ms Connelly commented that i t may be in the Sign Ordinance itself. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to this item.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT RESOLUTION NO.89-14,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED UNIFORM SIGN CODE,1982 EDITION,BE APPROVED AND ADOPTED; AND THAT ORDINANCE NO.677,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. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.677,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 7 BUILDING,BY ADDING SECTION 7-1-12 UNIFORM REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 13 SIGN CODE;ADOPTING THE UNIFORM SIGN CODE,1982 EDITION,BY REFERENCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.677,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS SUPERSTITION BOULEVARD/WEEKES WASH CROSSING )Director of Public Works Rich Broman explained that the consultant has a work order for the conception design in the amount of $45,300.00,which includes a change order,but tonight the amount considered is $38,100 for the design.Mr.Broman stated that a request has been made to ADOT to allow the City to do as much of the work as possible in order to reduce the cost,but that the ADOT cost is unknown at this time. Mayor Bluntschly asked i f there was any idea what the cost would be,as the funding has to be covered by the City or we lose $155,000. Mr.Broman outlined the questions involved before a cost can be estimated,and the question may be whether the City wants to do this project or not,and should i t be funded from the street projects or should i t be delayed for a year. Councilwoman Alger reiterated that the Federal Aide Project monies is "bankrolled"in the amount of $275,000,and asked what i f this money is not used for this project what happens to that money? Mr.Broman replied that i f the City says no to the project,the money will still be there,but we will have to go through the MAAG process again which takes 18 months to two years. Councilman Vehon asked i f Mr.Broman would have a problem with authorizing this project with the stipulation that the REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 14 City Manager and he find the funding in another area of the budget other than the money designated for street programs. Mayor Bluntschly stated that the money would possibly be taken from Highway User Funds or assets of sales tax funds,or a fund that is existing. Councilman Vehon pointed out that i f the $40,000 in the Engineering budget for this type of thing is used for this, that essentially says there will only be one project although there are other projects that are priorities built into that $40,000,so the money will need to come from somewhere else,and i f this is accomplished the project can be done. Mr.Broman stated that with "in-house"work,or construction management,the dollars should be available. Councilwoman Alger MOVED THAT THE SUPERSTITION WEEKES WASH CROSSING NOT BE CONTINUED AT THIS TIME. The motion died due to lack of a second. Councilman Eidson MOVED THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER TO APPROVE THE PROPOSAL AS SUBMITTED BY DONOHUE AND ASSOCIATES,INC.,IN THE AMOUNT OF $38,100 FOR THE DESIGN OF A BRIDGE ON SUPERSTITION BOULEVARD AT WEEKES WASH CROSSING. Vice Mayor Damiano seconded the motion. Councilwoman Barker reiterated that this money is not coming out of the $40,000 designated for other street projects. VOTE:In Favor:Councilwoman Barker,Councilman Cox,Councilman Vehon, Councilman Eidson,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilwoman Alger The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: 1.DIRECTION TO PROCEED WITH NUMBERING CITY VEHICLES Councilman Cox stated that city vehicles should be numbered on both front fenders and on the back so that people following can get the number,although some vehicles may have to be numbered at a different location on the back. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 15 Councilman Vehon asked staff i f this is practical,as proposed. Director of Public Safety Bill McDaniel replied that on police vehicles,i t will need to be placed lower because of existing numbers,etc. Councilman Cox MOVED THAT DIRECTION BE GIVEN TO PROCEED WITH THE NUMBERING OF MARKED CITY VEHICLES IN THE FENDER AND TRUNK AREAS. Vice Mayor Damiano seconded the motion. Mayor Bluntschly stated that the numbering will be done by Operations. VOTE:Unanimous The motion carried. 2.DIRECTION ON DEPARTMENTAL REORGANIZATIONS;PLANNING/COMMUNITY DEVELOPMENT AND ENGINEERING Councilman Vehon expressed concern that in order to proceed,in a cost effective manner,specifics will be necessary. Mayor Bluntschly commented that should Ms Connelly need more specific direction than given,she will certainly let the Council know. Acting City Manager/City Clerk Kathleen Connelly confirmed this. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO REORGANIZE THE PLANNING/COMMUNITY DEVELOPMENT AND ENGINEERING DEPARTMENTS WITH THE CITY ENGINEER BEING A DEPARTMENT HEAD,WITH ECONOMIC DEVELOPMENT,ZONING,PLANNING,HOUSING AND GRANTS,COMBINED UNDER A COMMUNITY DEVELOPMENT DIRECTOR. Mayor Bluntschly asked i f this is specific enough. Acting City Manager/City Clerk Kathleen Connelly replied that something in draft form can be brought back to the Council. Councilman Cox seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 16 Councilman Vehon asked i f there would be any input from existing staff that will be effected? Ms Connelly stated that i t has to be that way as those people are more familiar with the process as i t is now,and that there will be a series of meetings with the staff effected. Councilman Eidson asked i f this will come back to the Council at a work session? Ms Connelly confirmed this. VOTE:Unanimous The motion carried. 3.DIRECTION ON CITY MANAGER RECRUITMENT Mayor Bluntschly stated that substantial information has been received by Council,to include a job description and qualifications,and asked i f there is any additional discussion? Councilwoman Barker asked i f in order to change the original direction,is i t necessary to give new direction? Ms Connelly replied that to cancel the previous direction,new direction is necessary. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO PROCEED WITH CITY MANAGER RECRUITMENT AS FOLLOWS: THAT THE CRITERIA ESTABLISHED BY THE CONSULTANTS BE ADOPTED AND BEGIN RECRUITING STATE-WIDE,USING THE ACMA PROCESS VERSUS WHAT THE COUNCIL ORIGINALLY DECIDED TO DO. Councilman Cox seconded the motion. Councilman Eidson asked i f a number of applicants to be presented to the Council shouldn't be specified,rather than the Council interviewing all applicants? Councilwoman Alger stated that this is done automatically. Acting City Manager/City Clerk Kathleen Connelly stated that a job announcement needs to be approved by the Council for advertisement,prior to contacting the ACMA. Councilman Eidson commented that i f approval of the job announcement waits until the next meeting,i t is going to take too long. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 17 Councilwoman Alger asked i f the Council can't just review the announcement and say "okay"informally,rather than in a formal meeting? Assistant to the City Manager George Hoffman stated that many times similar positions are advertised with the salary "dependent on qualifications",and is negotiated depending on the experience of the applicant. Ms Connelly stated that the advertisement should not have to come back at a meeting,just allow for each councilmember to have the opportunity to review it. Vice Mayor Damiano asked Councilwoman Alger what consultant she is referring to. Councilwoman Alger stated that the consultants are Ralph Anderson & Associates who are conducting the salary study and job assessment. Vice Mayor Damiano asked when was this approved by the Council? Ms Connelly replied that the salary and job classification study was authorized last year. is paying for this,and i f so what? Vice Mayor Damiano asked i f the City Ms Connelly replied that the cost is $25,000 for the entire study,but that the City Manager position was speeded up for purposes of this recruitment. Councilwoman Alger amended the motion to add THAT THE SALARY WILL BE STATED AS "DEPENDING ON QUALIFICATIONS", AND THAT EACH COUNCILPERSON SHOULD HAVE THE OPPORTUNITY TO REVIEW THE ANNOUNCEMENT PRIOR TO ACTUALLY GOING OUT FOR PUBLICATION. Councilman Cox seconded the amendment. Mayor Bluntschly asked i f there was any further discussion.There being no further discussion,Mayor Bluntschly called for a vote on the amendment. VOTE (on the amendment):Unanimous VOTE (on the original motion as amended):Unanimous REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 18 The motion carried as amended. 4.DIRECTION ON AMENDMENTS TO SWAP MEET BUSINESS LICENSE REQUIREMENTS Mayor Bluntschly asked i f there is any additional discussion on this item,apart from work session discussion? Councilwoman Barker asked i f Councilman Eidson would reiterate the four points for inclusion. Councilman Eidson stated that the four points are:established businesses be required to have only one license to include selling at park n'swap,cost be the same as a regular license,vendor weekly sales forms be discontinued,and that the arts and crafts sales at park n'swap be considered the same category as yard sale merchandise. Mayor Bluntschly asked that the "arts and crafts"point be clarified. Councilman Eidson explained that should a person make crafts to sell at park n'swap,i t be categorized with the yard sale type sales,which allows selling as a vendor six times before a license is required,and that currently a license is required prior to selling one time. Mayor Bluntschly pointed out that yard sale vendors are making i t a business,and should be licensed prior to six times,but agreed that a licensed business should not have to have an additional license to sell the same product or service at park n'swap. Councilwoman Alger stated that arts and crafts can be very expensive items and should not be equated with yard sale items,and how can this be allowed at park n'swap but not in front yards or stores. Councilman Eidson stated that arts and crafts or yard sale items could be restricted to one or two times prior to licensing,rather than six. Councilwoman Alger stated that "arts and crafts"needs to be defined prior to making this decision. Councilman Eidson replied that the definition,to his understanding,is any new merchandise that has been put together with other new merchandise to make some kind of special object. Councilwoman Alger disagreed that i t is a hand made creation. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 19 Councilwoman Barker stated that the terminology is "handicrafts"that you might make out of something you buy or have. Mayor Bluntschly added that some vendors are telling him what these quote "yard sale vendors"are selling,and should not continue as i t is. Ms Connelly related an example of a couple who sold accumulated articles from their home.Ms Connelly explained that while one of the spouses in the committee meeting was stating that they were barely surviving from sales at park n'swap,the other was in the lobby telling the receptionist how they had traveled around the world,how they bought a brand new car every two years,and how they took a number of cruises,on their proceeds from park n'swap. Mayor Bluntschly stated that there are many that do this,paying only space fees,competing with licensed businesses,and themselves conducting a actual commercial business. Councilman Eidson commented that the space rental fee would accumulate to the same as a business license in a short time. Ms Connelly stated that the 50t per day rental fee is not collected by the City. Mayor Bluntschly also pointed out that they are not paying sales tax. Councilman Cox informed the Council that they would have to be there 90 days before the space fee accumulates to the same as a business license fee. Ms Connelly pointed out that arts and crafts can mean something different to different people,and that one of the "big dollar"items at park n'swap is turquoise jewelry which could be considered arts and crafts,and that i t could lead to "in home"sales of arts and crafts to keep everything equal which would than be allowing an "in home" occupation which is prohibited currently under zoning regulations. Councilman Eidson MOVED THAT DIRECTION BE GIVEN TO DRAFT AMENDMENTS TO SWAP MEET BUSINESS LICENSE REQUIREMENTS AS FOLLOWS: 1.THAT EACH BUSINESS THAT HAS A BUSINESS LICENSE BE ALLOWED TO SELL THEIR MERCHANDISE,THE SAME PRODUCT OR SERVICE,AT PARK N'SWAP WITHOUT HAVING TO BUY A SEPARATE LICENSE 2.THAT THE COST OF A BUSINESS LICENSE FOR A ALL BUSINESS SELLING THIS TYPE MERCHANDISE BE THE SAME REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 20 3.THAT THE PARK N'SWAP REQUIRED WEEKLY SALES FORM,BE DISCONTINUED 4.THAT ARTS AND CRAFTS SALES AT PARK N'SWAP BE CONSIDERED THE SAME AS YARD SALES MERCHANDISE (if someone can come up with different wording,that would be agreeable) Vice Mayor Damiano seconded the motion. Councilman Eidson stated that each of these four thing,as presently required,represents a double standard of operating within the City.Councilman Eidson added that some good comments have been made by staff,but that some staff seem to recommend a double standard of operating within the City,and a number of things will be brought up within the next few months whether staff likes i t or not. Councilman Cox stated that yard sales vendors should not be allowed to continue when only paying rent on the space,when the business people are required to be licensed,and suggested a daily fee for those type of businesses. Councilman Cox amended the motion THAT A DAILY FEE BE REQUIRED FOR YARD SALE VENDORS IN ADDITION TO A SPACE RENTAL FEE. amendment. Councilman Eidson seconded the Mayor Bluntschly stated that he cannot support discontinuing the sales forms,as i t has been an excellant tool in collecting sales taxes and also a benefit to the State in recapturing sales tax. Councilman Eidson commented that increased revenue for the City does not make i t right. Mayor Bluntschly reiterated that i t is a necessary tool,as every other business has to pay taxes. Councilwoman Alger agreed that i t is necessary,especially since a vendor can leave and never be seen again,although their business should not be discouraged,and even a regular business should not be allowed to regularly sell at park n'swap without an additional license. Councilwoman Alger stated that the fee should be the same for both,but that a definition still needs found for "arts and crafts"and that the yard sales should be regulated and adjusted,but that to keep everything fair and equal, yard sales at residences will also need to have fees and permits. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 21 Ms Connelly asked i f the first point made by Councilman Eidson is referring to one business license for a permanent business,such as Circle K with several locations,and also i f a business outside the city limits with a license would not be required an additional license to sell at park n'swap,such as Crystal Bottled Water. Councilwoman Alger suggested setting a limit on how often an established business can sell at park n'swap on one license. Councilman Cox stated that a business owner would rather sell from their store than at park n'swap,so that should take care of itself. Ms Connelly stated that many could find that park n'swap is more lucrative,close up their licensed business and use park n'swap as a permanent location. Councilman Eidson commented that i t appears that the Council is trying to cover more details than is possible. Ms Connelly pointed out that what is available in the budget be considered prior to changes being made. Councilman Eidson asked that the amendment be repeated. Deputy City Clerk Lori Zmayefski read the amendment as made by Councilman Cox. Councilman Eidson asked i f there was an amount for the daily fee set in the amendment. Ms Zmayefski answered that an amount was not specified. Councilman Cox stated that the fee could be set later. VOTE (on the amendment):In Favor:Councilman Eidson,Councilman Cox, Vice Mayor Damiano In Opposition:Councilwoman Barker, Councilwoman Alger,Councilman Vehon, Mayor Bluntschly The amendment failed. VOTE (on the original motion):In Favor:Councilman Cox,Councilman Eidson, Vice Mayor Damiano REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 22 In Opposition:Councilwoman Barker, Councilwoman Alger,Councilman Vehon, Mayor Bluntschly The motion failed. Acting City Manager/City Clerk Kathleen Connelly stated that several avenues have been explored on the licensing of swap meet vendors,with this method being the most efficient, although there are some areas that need looking into. Councilman Eidson stated that this will probably be put on every agenda until something is worked out. Councilwoman Barker commented that i f these four points were addressed one at a time,some of them may go through, but not all four as a package.Councilwoman Barker added that she is in agreement with points 1,2,and possibly 4. Mayor Bluntschly also stated that he is in agreement with everything but eliminating the weekly sales forms. Councilwoman Alger suggested that since most of the Council is in agreement with some of the proposed changes, would i t not be a good idea to form a committee to review and recommend on these proposals. Councilman Eidson stated that there have been many committees since the City has begun,but the majority of them have accomplished nothing,and regardless of a committee's recommendation,his requested changes will remain the same. Councilwoman Alger added that the purpose of a committee is to communicate with the citizens and come to a compromise,and this is a situation where this would be appropriate. Councilman Eidson stated that he could have plenty of park n'swap vendors at the next Council meeting,that they would be happy to attend. Councilwoman Alger asked what was wrong with an informal setting,to meet as people instead of vendors and councilmembers? Councilman Eidson stated that he objects to the time factor involved. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO MAKE NO AMENDMENT CHANGES AT THIS TIME TO THE PARK N'SWAP REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 23 ORDINANCE AND THAT A CITIZEN COMMITTEE BE SET UP TO MEET WITH SOME OF THE PARK N'SWAP VENDORS,WITH MANAGERS,A COUPLE OF COUNCILPERSONS,AND SIT DOWN AND DISCUSS AND COMMUNICATE -TALK OVER THE DIFFERENCES AND SEE IF WE CAN FIGURE SOMETHING OUT. Councilman Eidson asked i f their recommendation will be accepted,or will this be a wasted effort? everything,there has to be a compromise. Councilwoman Alger stated that as in Councilman Cox seconded the motion. VOTE:In Favor:Councilman Cox,Councilwoman Barker,Councilwoman Alger, Councilman Vehon,Mayor Bluntschly Opposed:Councilman Eidson,Vice Mayor Damiano The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: SPECIAL MEETING,EXECUTIVE SESSION, JULY 20,1989, EXECUTIVE SESSION,WORK SESSION, JULY 31,1989 EXECUTIVE SESSION,WORK SESSION, AUGUST 1,1989 )Councilman Cox MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JULY 31,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON AUGUST 1,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL MEETING BE HELD AT 6:30 P.M.,AND AN EXECUTIVE SESSION AT 5:45 P.M.,ON JULY 20,1989,AT THE CITY HALL COMPLEX. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 24 ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 10:21 p.m. Consent Agenda Items are as Follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Special Meeting of May 24,1989 3.Acceptance of Minutes from the Regular Meeting of June 6,1989 4.Acceptance of Minutes from the Regular Meeting of June 20,1989 5.Request for Continuance of:Superstition Boulevard Street Improvement District,Recapture Agreement 6.Acceptance of Apache Junction Library Board of Trustees Annual Report,July 1,1988 through June 17,1989 7.Acceptance of Resignation from and appointment to the Board of Adjustments 8.Wastewater Facilities Plan and CAAG 208 Water Quality Management Program Amendment 9.Appointments to the Parks and Recreation Commission 10.Award of Bid for Umpiring Services 11.Renegotiation of License Agreement for Use of Senior Center ACCEPTED THIS 19TH DAY OF SEPTEMBER ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER ,1989. .0",A../1 ENN TIHT BLUNTSCHr - 4 Mayor ATTEST: REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 25 ATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 18,1989 PAGE 26 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 18th day of July ,1989.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 2nd day of October 1989. KATHLEEN CONNELLY City Clerk