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HomeMy WebLinkAbout1989-11-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 21,1989 The regular meeting of the City -Council of the City of Apache Junction, Arizona,was held on November 21,1989,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 7:07 p.m. INVOCATION Councilman Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Eidson led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff 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 Reed Cox Director of Public Works Rich Broman Economic Development Specialist John Schoeph Assistant Planner Bob Dunn Associate Planner/Deputy Director Jim Nakagawa Assistant Planner Rudy Esquivas Controller Keith Lewis Others Present:Mr.Robert W.Geake Arizona Water Company Mr.Robert Childe 1001 E.Gemini Tempe,AZ REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 1 Ms Nancy Koerner 1026 N.Goldfield Apache Junction,Arizona Father Charles Maloney St.George's Catholic Church 300 E.16th Avenue Apache Junction,Arizona Mr.Vinton Peck 1000 W.Apache Trail Apache Junction,Arizona Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Barker MOVED THAT CONSENT AGENDA ITEM NOS.1,2,4,5,6,AND 8 BE ACCEPTED AS PRESENTED. AND THAT PROPOSED RESOLUTION NO.89-32,REQUESTING THAT THE ARIZONA STATE SELECTION BOARD AND THE ARIZONA STATE LAND COMMISSIONER APPROVE THE ANNEXATION OF CERTAIN LANDS INTO THE INCORPORATED BOUNDARIES OF THE CITY OF APACHE JUNCTION,BE APPROVED AND ADOPTED; AND THAT ROY HUDSON AND WILLIAM WRIGHT BE APPOINTED TO THE TRANSPORTATION BOARD AS CITIZEN MEMBERS,WITH TERMS TO EXPIRE ON JUNE 30,1992; AND THAT THE LAND SPLIT STREAMLINING COMMITTEE RECOMMENDATIONS BE POSTPONED UNTIL JANUARY 16,1989; I FURTHER MOVE THAT PROPOSED RESOLUTION NO.89-33,ADOPTING A HOUSING REHABILITATION PLAN AND GUIDELINES AS A RESULT OF HOUSING ACTIVITIES FUNDED IN WHOLE OR IN PART WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,BE APPROVED AND ADOPTED; AND THAT ITEM NOS.3 AND 7 BE MOVED TO PRIOR TO ITEM NO.9. motion. Councilwoman Alger seconded the VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson,Mayor Bluntschly Opposed:Vice Mayor Damiano The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 2 Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the meeting,and wished all a very Happy Thanksgiving. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly stated that review of the applicants for the City Engineer and Director of Development Services has been completed,and are currently setting up interview panels,and persons for ratification by the Council for those positions,will be presented no later than December 19th,and further stated that the installation of the new gas pumps at Public Works is nearly complete.Ms Connelly,on behalf of staff and herself, extended a very happy Thanksgiving to the Council and members of the community. CONSENT AGENDA ITEM NO.3 AUTHORIZATION TO INSTALL CITY COMPLEX PARKING LOT LIGHTS )Director of Public Works Rich Broman explained that there are two alternatives to install the parking lot lights,one is to have Salt River Project -type steel pole lights at various locations,and the other is to continue to add lights as they exist on some of the buildings. Mr.Broman stated that there is significant cost difference. light patterns alternative two would emit? Mayor Bluntschly asked what type of Mr.Broman stated that it would be basically 80 feet out and about 120 feet each side,with a little back light with Salt River Project lights,and the other would be a 60 or 80 feet arc of light. Mayor Bluntschly asked i f the suggested alternative to add lights to those existing would be adequate for the safety of people,particularly in the area of the Handicapped Center? Mr.Broman explained that the Handicapped Center building construction did not include lighting,so the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 3 architect may be requested to design lighting,or the lights on the Finance Building could be extended. Vice Mayor Damiano stated that when Mr.Broman and himself walked the area,it was decided that a light on the Finance Building,facing the south would be sufficient,and that his concern is to save money,and that this proposed lighting would provide safety. Councilwoman Alger questioned spending money for a lighting design,rather than just putting in the lighting. Mr.Broman commented that as this Handicapped Building is a new,attractive building,the lighting should add not detract from it. Councilman Vehon asked i f the Engineering Division has checked into the lighting patterns of these proposals? not. Mr.Broman replied that they have Councilman Vehon suggested that this should be determined,and that $2,000 is money well spent to put in the lights In order to do i t right the first time. Vice Mayor Damiano stated that there wouldn't be a law suit when no one goes into the back parking lot,except maybe the handicapped,and the City can install those lights. Councilwoman Alger stated that there are many Chamber of Commerce meetings at night,which utilizes the back parking lot,and especially when the Handicapped Center is in use,that parking lot will have high activity. Vice Mayor Damiano reiterated that lights on the Finance Building would still be sufficient to light that parking lot. Mayor Bluntschly commented that the lighting patterns discussed by Mr.Broman and Vice Mayor Damiano will cover everything except the north side of the parking lot where the Handicapped Center is located,and expressed concern with this.Mayor Bluntschly stated that i f there is to be a lighting project,i t should be done properly. Councilwoman Barker suggested continuing this until the appropriate people can look into it,in particular "dead spots"such as the Handicapped Center. Councilman Vehon stated that i f staff can show that the areas are being covered,this second alternative would REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 4 not be a problem,but that this should be ascertained through professional judgement. Ms Connelly stated that the Architect referenced in Mr.Broman's memo may be more inclined to look at the asthetics rather than the lighting practicality,but that possibly Salt River Project provides that service. Councilwoman Barker asked how long it would take Mr.Broman to accomplish an analysis of this? Mr.Broman replied that i t could be prepared for the next Council meeting. Councilwoman Barker asked i f this item could be continued until then. Councilwoman Barker MOVED THAT THE CITY COMPLEX PARKING LOT LIGHTS ITEM BE POSTPONED UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEETING. Mayor Bluntschly commented that this would be December 5th. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. CONSENT AGENDA ITEM NO.7 AUHTORIZATION FOR USE OF CONTINGENCY FUNDS: Magistrate Court File Cabinets;Floor Covering for Center for the Handicapped, Computer Programming and additional expenses incurred by amendments to business license fees and business license regulations;Purchase of Fax Machine for on-line communication with the Arizona Department of Revenue )Acting City Manager/City Clerk Kathleen Connelly outlined the items which require a request for release of contingency funds,and stated that there is $154,928.00 available in Contingency and further stated that the Fax machine in Public Works has substantial use so an additional Fax machine in the City Clerk's office is justified. Councilwoman Barker stated that some of the Council are searching for a way around using the Contingency,and asked REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 5 i f there isn't some salary left that was set aside for the Licence Enforcement Officer? Ms Connelly replied that there is some funds still there for that position,but have been using that for overtime in the City Clerk's office,as well as overtime during the election. Councilman Eidson stated that the Magistrate Court,as Mr.Weiskotten expressed,desperately needs the file cabinets. Councilman Eidson also commented that the FAX machine would take traffic off the roads,by enabling people to obtain their tax numbers at City Hall rather than having to drive to Phoenix. Vice Mayor Damiano MOVED THAT AUTHORIZATION BE GIVEN TO THE ACTING CITY MANAGER TO EXPEND CONTINGENCY FUNDS FOR THE FOLLOWING:MAGISTRATE COURT FILE CABINETS;FLOOR COVERING FOR THE CENTER FOR THE HANDICAPPED,COMPUTER PROGRAMMING AND ADDITIONAL EXPENSES INCURRED BY AMENDMENTS TO BUSINESS LICENSE FEES AND BUSINESS LICENSE INCURRED BY AMENDMENTS TO BUSINESS LICENSE FEES AND BUSINESS LICENSE REGULATIONS;PURCHASE OF FAX MACHINE FOR ON-LINE COMMUNICATION WITH THE ARIZONA DEPARTMENT OF REVENUE, AND THAT THE BID FOR FLOOR COVERING BE AWARDED TO NORTHWEST FLOOR AND WALL COMPANY,IN THE AMOUTN OF $3,237.90. Councilman Cox seconded the motion. Councilman Vehon asked i f it would be possible for the cost of the FAX machine to come out of the unfilled position salary,and the remaining items out of Contingency. there is only a $200 difference. Ms Connelly replied that yes,as Councilman Vehon amended the motion THAT THE FAX MACHINE COME FROM THE CITY CLERK'S BUDGET,AND THE REST COME OUT OF CONTINGENCY. Councilwoman Barker seconded the motion. Ms Connelly interjected that it may be necessary to come back to Council for overtime incurred during the upcoming election. VOTE (on the amendment):Unanimous VOTE (on the motion as amended):Unanimous REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 6 The motion carried. PUBLIC HEARINGS APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE,JAKES-0'-MINE ) )Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to this request.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Barker MOVED THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MS ROSEMARIE NEARY FOR JAKES-0'-MINE,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.701,CREATION OF GRANTFUNDED HOUSING REHABILITATION TECHNICIAN POSITION (With the Emergency Clause)) )Assistant to the City Manager George Hoffman,and Acting Planning Director,explained that this proposes putting into the Classification Plan,the position of Housing Rehabilitation Technician,and that Kurt Knutson found a way to fund this position through grants. Councilwoman Barker congratulated staff on creative funding. Mayor Bluntschly opened the hearing to the public.There being no one wishing to address the Council either in favor of or in opposition to the ordinance,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.701,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 7 The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.701,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Eidson MOVED THAT ORDINANCE NO.701,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.698,PZ-12-89, GEAKE FOR ARIZONA WATER COMPANY )Mayor Bluntschly stated that this is an application for rezoning submitted by Robert W.Geake for Arizona Water Company,to rezone a .76 net acre parcel,located approximately 180 feet east of the intersection of Southern Avenue and the Delaware Road alignment on the north side of the road,from CR-3 Single Family Residence Zone to C-4 Heavy Commercial District. Assistant Planner Bob Dunn gave a brief overview of the application,stating that the property is currently used by Arizona Water Company to store pipes and such,and that they wish to construct a storage warehouse.Mr.Dunn explained that the CR-3 zoning does not permit that use and that C-4 is the lightest zoning which does permit that,but that this is not consistent with the General Plan,and that staff and the Planning and Zoning Commission both recommend denial of this request. protest filed for the surrounding property. Mr.Dunn added that there is a legal Councilman Vehon asked i f since the surrounding properties are mostly residential zoning,wouldn't the applicants be required to erect a block wall,to buffer this use? Mr.Dunn confirmed this. Councilman Vehon asked what the the heaviest use allowed is for this area? REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 8 Mr.Dunn replied that a C-1 or C-2 would possibly be compatible with a mixing of residential such as this. Councilman Vehon asked if C-3 would be the absolute heaviest? Mr.Dunn replied that at an intersection like this,it would depend what the proposal was. Vice Mayor Damiano asked how many years Arizona Water Company has been using this "yard"? Mr.Dunn pointed out that although the current use is nonconforming,i t doesn't involve permanent structures and would be expected to cease to exist over a period of time,and would easily be converted a different use. Councilman Cox asked how far Southern runs west of this location? Mr.Dunn answered that i t goes to Meridian,about 11/2 miles,and there is no road between Meridian and Delaware. Councilman Cox pointed out that this is a dead end location,and could be 10 or 20 years before anything happens at this location. Mr.Dunn stated that the Five Year Plan includes the section between Meridian and Delaware scheduled to be worked on. Councilman Cox commented that it was also in the last Five Year Plan,and nothing has happened yet. Mr.Dunn disagreed,but understood the point. Mr.Robert W.Geake,for Arizona Water Company,stated that the plan presented is what is proposed,and that i t was not understood that a block wall was required. Mayor Bluntschly asked if Mr.Geake understands that a block wall would have to be put in should the zoning be approved? Mr.Geake stated that he understood from the discussion tonight. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 9 Mayor Bluntschly commented that i t was also discussed at the Planning and Zoning Commission meeting,and i t is still the applicants contention that there is no plan to install a block wall. Mr.Geake replied that this is correct. Councilman Vehon asked i f the applicant didn't feel that perhaps a block building with a block wall would help this use fit in with the particular setting? Mr.Geake agreed that Arizona Water Company had done this in Casa Grande,although reluctantly,and i f there is no need to do this it wouldn't be fair to apply the additional cost to customers. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the rezoning? Mr.Robert Childe,1001 E.Gemini Drive,Tempe,stated that Apache Junction has made great strides in development approach in the last few years,and that this rezoning would violate the General Plan that Apache Junction has adopted. Ms Nancy Koerner,1026 N.Goldfield Road,Apache Junction,addressed the Council stating that this is an inappropriate change in zoning,however,i f the applicant were to go through the amendment to the General Plan process there would be no objection. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Assistant to the City Manager George Hoffman stated that a copy of the ordinance is not in the packets,and as the ordinance is read by title only,the Council may wish to wait until i t is located. meeting. meeting at 8:10 p.m. Mayor Bluntschly recessed the Mayor Bluntschly reconvened the Councilwoman Alger MOVED THAT ORDINANCE NO.698 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Eidson seconded the motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 10 VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.698,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-12-89 FROM CR-3 SINGLE FAMILY RESIDENCE ZONE TO C-4 HEAVY COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.698 BE POSTPONED UNTIL NOT LATER THAN FEBRUARY 20,1989,TO ALLOW THE APPLICANT OPPORTUNITY TO APPLY FOR A GENERAL PLAN AMENDMENT -IF WE DENY HIS REZONING REQUEST AT THIS TIME IT WOULD PRECLUDE HIM FROM GETTING ANY REZONING FOR A YEAR,IF WE POSTPONE IT THAN HE WILL HAVE OPPORTUNITY TO HAVE GENERAL PLAN AMENDMENT AND THAN WE CAN RECONSIDER IT AT THE FUTURE DATE. Councilman Cox seconded the motion. Vice Mayor Damiano asked i f this is postponed the Council can vote on this in February,but i f i t is denied -the applicant has to wait a year? Mr.Hoffman stated that he has not heard the applicant express a desire to request a General Plan amendment,but that i t is true that a denied rezoning may not come back before one year unless there is a change during the intervening period,such as a planned amendment occuring. Councilwoman Alger commented that this would prevent the applicant from losing his vested interests. Mr.Hoffman read Section 13.0110 of the Zoning Ordinance referring to reconsideration time limits. Mayor Bluntschly stated that apparently the applicant is not interested in meeting the requirements of the zoning district,and that he doesn't believe a C-4 is a justified use in that area,and cannot support this now or in the future. Councilwoman Barker concurred with the Mayor's opinion,and stated that a possible chain link fence in a residential designated area very inappropriate,although a nice block building with a block wall and nice landscaping may have been considered. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 11 Mayor Bluntschly added that first, this is against General Plan designation,secondly the respresentative knew over a month ago that there was a requirement for a block wall and yet,they have expressed no intention of doing anything other than a chain link fence. Councilwoman Barker further stated that this deviates so far from being consistent from the General Plan,that i t could not possibly answer the Statutes. Councilman Vehon stated that the applicant has been given ample time to show willingness to work within the surrounding area,and has been so far unwilling to do so,and also this does not even come close to "bordering"on the General Plan designation. Vice Mayor Damiano agreed with the statements made by Councilmembers,but stated that with Arizona Water Company's reputation and money they have,the Council would think that they would go along with what the citizens want and perhaps use property adjacent to the freeway for this purpose. Councilman Cox agreed with Mayor Bluntschly,but commented that "metal building"has been referred to tonight and across the street in two mobile home parks,there are almost 300 "metal buildings",which is not too far out of bounds. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Eidson Oppose:Councilwoman Barker,Councilman Vehon,Vice Mayor Damiano, Mayor Bluntschly The motion failed. Councilman Vehon MOVED THAT ORDINANCE NO.698,AS READ BY THE CITY CLERK,BE DENIED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.700,TRAFFIC CONTROL DEVICES AT IRONWOOD DRIVE AND BASELINE AVENUE (With Emergency Clause)) )Director of Public Works Rich Broman explained that Pinal County was contacted in reference to opening up Baseline Road as a dirt road,between Royal Palm and Ironwood Drive,in order to get the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 12 oversized,overweight water trucks off of improved City streets.Mr.Broman further stated that the Land Fill Department has requested of the Board of Supervisors for funding to purchase a new Water Wagon which would meet the City weight requirements,which they approved,so they should have trucks with 30 to 45 days,resulting in this request being withdrawn. Councilman Vehon MOVED THAT ORDINANCE NO.700 BE WITHDRAWN. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PRPOSED ORDINANCE NOS.703,704,AND 705,AMENDING THE MECHANICAL CODE FOR LOW TEMPERATURE DISHWASHER HOODS )Zoning Administrator/Building Official Charles Coleman explained that these ordinances are three proposed changes in the Mechanical Code,and recommended Ordinance No.703,which essentially gives the obligation to Pinal County Health Department who has the authority and jurisdiction in this area.Mr.Coleman further outlined the options for amending the Mechanical Code. Councilman Vehon asked i f basically, Ordinance No.703 states that i f Pinal County does not require it,neither will the City? Mr.Coleman replied that this is correct. Father Charles Maloney,St.George's Catholic Church,300 E.16th Avenue,Apache Junction,addressed the Council asking why Mr.Coleman has given these remarks at this time and not before,and further asked that the improper application for a hood over the dishwasher be removed from the Code. Mayor Bluntschly informed Father Maloney that Pinal County enforces City Health Codes. Father Maloney stated that he is aware of that,but that this is transferring the Code to the County as i t is. Mayor Bluntschly stated that i f this option is chosen,i f the County does not require hoods,neither will the City. Father Maloney further objected to the requirement,asking to be exempted from the application of the Mechanical Code in this case. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 13 Mr.Vincent Peck,1000 W.Apache Trail,Apache Junction,stated that this would be addressed to a Building Code Appeals Board of which the City does not have at this time,as the problem is one which does not exist in Apache Junction. Mayor Bluntschly asked i f there was anyone else wishing to address the Council in favor of or in opposition to the 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.703,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. read as follows: Councilman Eidson seconded the Deputy City Clerk Lori Zmayefski ORDINANCE NO.703,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 7 BUILDING,ARTICLE 7-1-8 MECHANICAL CODE BY REPEALING THE EXISTING SECTION 103 AND ENACTING A NEW SECTION OF LIKE NUMBER; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.703,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.702,ESTABLISHING THE CONSTRUCTION CODE BOARD OF APPEALS ) )Building Official Charles Coleman explained that this ordinance staffs the Construction Code Board of Appeals, requesting that the Council note whether five members are appropriate, determination of whether members are to be within the City or without,and confirm the composition of the Board,and stated that the three primary functions of this Board are:to hear appeal for the interpretation of the Construction Codes;review and make recommendation;and to conduct hearings in conjunction with the Dangerous Building Code. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 14 Mr.Coleman pointed out that the Board has no authority to grant variances,but simply to make interpretations. Councilman Eidson asked i f Mr.Coleman felt it would be difficult to find an architect or an engineer within the City to serve on this Board. Mr.Coleman replied that there may be some who are retired,but would prefer some who are active. 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 item? Mr.Vinton Peck,1000 W.ApacheTrail,Apache Junction,addressed the Council,questioning the staffing of the Board with an architect and engineer,and a professional,stating that this is not appropriate and will not contribute to the propriety of this Board. Mr.Peck also objected to the Board not having the authority to grant variances. Mr.Coleman clarified a point,that i f the Board is to hear dangerous building cases,it will be critical that the members have education in technical areas,such as whether or not a structure is sound,and added that this is not a rebuttal,but merely a clarification. There being no one else who wished to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.702 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. read as follows: Councilwoman Alger seconded the Deputy City Clerk Lori Zmayefski ORDINANCE NO.702,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 7,BY ESTABLISHING A NEW ARTICLE 7-3, ENTITLED CONSTRUCTION CODE BOARD OF APPEALS,TO HEAR APPEALS REGARDING CONSTRUCTION CODES AND THE DANGEROUS BUILDING CODE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 15 Councilman Vehon MOVED THAT ORDINANCE NO.702,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: WITH SECTION 7-3-2 (C)TO READ AS FOLLOWS:MEMBERS NEED NOT BE RESIDENTS OF THE CITY OF APACHE JUNCTION,HOWEVER,EVERY EFFORT SHOULD BE MADE TO MEET THE MEMBERSHIP FROM THE CITIZENRY. Councilwoman Alger seconded the motion. Councilman Vehon explained that should there be limitations within the City,i t should be possible to solicit members from outside the City limits. Mayor Bluntschly concurred. Councilwoman Alger asked i f there should be a stipulation to remain within the zone of influence? Mayor Bluntschly replied that i t would be better to leave it as is. Councilman Eidson commented that he would prefer that the members be residents of the City,but apparently that i t not the concensus of the Council. Mayor Bluntschly explained that this is only if members are not available within the City. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.706,AMENDING THE CITY CODE CHAPTER 3,ARTICLE 3 PERTAINING TO THE CITY MANAGER )City Attorney David Alexander requested that this be postponed until December 5th. Councilwoman Barker MOVED THAT ORDINANCE NO.706 BE POSTPONED UNTIL DECEMBER 5,1989. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 16 PROPOSED ORDINANCE NO.707,AMENDING THE CITY CODE,CHAPTER 8,ARTICLE 8A1 CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA SECTION 460(d) )Acting City Manager/City Clerk Kathleen Connelly stated that the Council has,in the past,discussed the possibility of making changes to the tax structure,specifically adopting a variable tax rate.Ms Connelly further stated that the options available includes the dollar amount of the "big ticket item"as well as the percentage, and that the suggested cut-off amount was $5,000. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,addressed the Council in favor of the ordinance and requested that the amount be lower than $5,000. Mayor Bluntschly asked i f there was anyone else who wished to speak in favor of or in opposition to the 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.707,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. read as follows: Councilwoman Barker seconded the Deputy City Clerk Lori Zmayefski ORDINANCE NO.707,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDINGT THE APACHE JUNCTION CITY CODE,CHAPTER 8,BUSINESS,ARTICLE 8A-1,CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,BY IMPOSING A TWO -LEVEL TAX STRUCTURE ON THE SALE AND OR PURCHASE OF CERTAIN ITEMS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.707,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THE LIMIT BE SET AT $2,000 RATHER THAN $5,000 Councilman Cox seconded the motion. Councilwoman Barker stated that the $5,000 was exhorbidant and wouldn't serve much of the community. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 17 Mayor Bluntschly suggested that staff monitor this closely in the future,to see i f this variable tax rate is workable and viable. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.708,ESTABLISHING A HEALTH AND HUMAN SERVICES COMMISSION (With the Emergency Clause) )Ms Connelly stated that the establishment of a Health and Human Services Commission has been discussed for at least four years,with the purpose of reviewing applicants for human services funding,make recommendations to the Council.Ms Connelly further stated that the minor changes requested have been made,and that as soon as a sufficient number of applications are received,this will be brought back to the Council for appointments. 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 address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.708 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. VOTE:Unanimous The motion carried. read as follows: Councilman Cox seconded the motion. Deputy City Clerk Lori Zmayefski ORDINANCE NO.708,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE 2-11 OF THE APACHE JUNCTION CITY CODE;PROVIDING FOR CONFLICTING PROVISIONS:PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Alger MOVED THAT ORDINANCE NO.708,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 18 The motion carried. Mayor Bluntschly recessed the meeting at 9:02 p.m. Mayor Bluntschly reconvened the meeting at 9:15 p.m. OLD BUSINESS SUPERSTITION BOULEVARD IMPROVEMENT DISTRICT )Director of Public Works Rich Broman explained that after last nights work session,it was decided to modify the assessments. Councilwoman Alger MOVED THAT THIS ITEM BE POSTPONED UNTIL THE DECEMBER 5TH COUNCIL MEETING. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.DIRECTION TO PROCEED WITH AN ORDINANCE PROHIBITING TRUCK TRAFFIC ON BROADWAY AVENUE. Vice Mayor Damiano stated that i t has been suggested that anything over 8,000 pounds should not be allowed on Broadway,and also mobile home sections being towed. that size rather than weight would anything that large would weigh at Mayor Bluntschly expressed a concern cause problems negotiating around turns. Councilman Cox explained that least 8,000 pounds. Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO PROCEED WITH DRAFTING AN ORDINANCE PROHIBITING TRUCK TRAFFIC ON BROADWAY AVENUE WITH TRUCKS OVER 8,000 POUNDS. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 19 Councilman Cox seconded the motion. Councilwoman Barker asked i f this would include any other type of vehicle,or only trucks? Councilman Cox replied that it would mean any type of vehicle over 8,000 pounds,and asked that signs be placed on the east bound side of Idaho with a warning,allowing trucks from Idaho to Winchester to get off of Broadway. Ms Connelly asked if Winchester is capable of taking this extra traffic? Mr.Broman replied that i t is constructed to take a reasonable amount of truck traffic. Mayor Bluntschly explained that the problem is the truck traffic blocking other traffic at the intersection of Royal Palm and Broadway,trying to negotiate the turns. Ms Connelly asked i f there was a problem for the Police Department in enforcing this short portion of Broadway. Councilman Cox stated that at least the weight limit already on the books could be enforced. Mr.Broman commented that i f trucks are going to be permitted to exit Broadway onto Winchester,it may be necessary to make an amendment to the existing weight restriction ordinance. Councilman Vehon asked why the whole section between Idaho and Royal Palm isn't just included? Mayor Bluntschly replied that negotiating the turn at Idaho and Broadway would be very difficult. just take trucks off Broadway entirely? Councilwoman Alger asked why not Ms Connelly agreed with Councilwoman Alger,as Broadway will be under construction for some time,and this may help that problem. Vice Mayor Damiano and Councilman Cox withdrew the motion and second. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO PROCEED WITH DRAFTING AN ORDINANCE PROHIBITING TRUCK TRAFFIC ON BROADWAY AVENUE,FROM MERIDIAN TO ROYAL PALM EXCEEDING 8,000 POUNDS. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 20 Lieutenant Reed Cox asked i f local truck traffic,as well as deliveries should be included? Councilwoman Alger added to the motion:THROUGH TRUCK TRAFFIC Councilwoman Alger commented that trucks are not allowed to park in a residential area. Councilwoman Alger withdrew the motion. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO PROCEED WITH DRAFTING AN ORDINANCE PROHIBITING TRUCK TRAFFIC ON BROADWAY AVENUE,OF OVER 8,000 POUNDS,FROM MERIDIAN TO ROYAL PALM. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. 2.DIRECTION TO PROCEED WITH AMENDING CITY CODE CHAPTER 3 ADMINISTRATION BY INSERTING A SECTION ESTABLISHING THE DEPARTMENT OF COMMUNITY SERVICES 4.DIRECTION.TO PROCEED WITH CITY CODE CHAPTER 2 MAYOR AND COUNCIL,BY INSERTING A SECTION ESTABLISHING THE ECONOMIC OPPORTUNITIES ACTION TEAM Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO PROCEED WITH DRAFTING AN ORDINANCE TO AMEND THE CITY CODE CHAPTER 3 ADMINISTRATION BY INSERTING A SECTION ESTABLISHING THE DEPARTMENT OF COMMUNITY SERVICES; AND TO DRAFT AN ORDINANCE INSERTING IN THE CITY CODE CHAPTER 2 MAYOR AND COUNCIL,THE ESTABLISHMENT OF THE ECONOMIC OPPORTUNITIES ACTION TEAM. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. 3.DIRECTION ON ADOPTING UPDATED UNIFORM BUILDING CODE AND TO BRING BACK FOR COUNCIL REVIEW SPRINKLER SYSTEM REQUIREMENTS AS CONTAINED IN THE UPDATED UNIFORM BUILDING CODES. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 21 Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO DRAFT AN ORDINANCE ADOPTING THE UPDATED UNIFORM BUILDING CODE,AND TO BRING BACK FOR COUNCIL REVIEW SPRINKLER SYSTEM REQUIREMENTS AS CONTAINED IN THE UPDATED UNIFORM BUILDING CODE. Vice Mayor Damiano seconded the motion. Councilman Vehon asked i f the City has the necessary books to implement this change in the Building Code,and is the money available to purchase those is not? Mr.Coleman replied that we have copies,but not enough to adopt the Codes,those will have to be purchased. Ms Connelly explained that there is a State Law requirement that when this type of action is taken,the City Clerk's office is required to have three copies available. Mr.Coleman commented that a total of 10 copies are necessary. Councilman Eidson asked what this motion does exactly? Mr.Coleman explained that this means looking at the Codes,and adopting them,but a concern is that the newer Codes rely heavily on sprinklers and reduce other requirements,and the problem Is that the independent water companies who are not required to provide fire flows which does not allow the water supply for sprinklers. Mr.Coleman further stated that the Code is not making provisions for non -sprinkled buildings,with no substitution, and to tell someone they can't build a building because there are no sprinklers will present a legal problem. VOTE:Unanimous The motion carried. 5.DIRECTION TO PROCEED WITH ESTABLISHING A BUSINESS LICENSE REVIEW COMMITTEE (Postponed from November 7,1989). Councilman Vehon requested that this Item be postponed again,as to go forward with this i t needs to be as definitive as possible. Councilwoman Alger stated that this needs to get done,as the Committee needs to handle certain situations Immediately. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 22 Acting City Manager/City Clerk Kathleen Connelly stated that staff has already been given direction regarding the Special Events portion,and one of the other items to be reviewed is advertising. Mayor Bluntschly commented that there is not a problem with the list of things the Committee will look at,which was presented to the Council. Councilman Eidson stated that he has a problem with some of these items on the list,and would like items spelled out exactly. Councilwoman Alger stated that there is no reason to delay this any longer. Ms Connelly stated that this list was put together by questions asked in the past,but the suggestion is that the Council be more specific on how the Committee is to proceed,so that they can get more done instead of being spread out over too general of an area. Councilwoman Alger argued that i f the Committee isn't formed,nothing will get done. Councilman Eidson stated that i f the Committee starts with this list,the requirements won't even be recognizable when they are done. Councilwoman Alger commented that this list is items for "review"not necessarily "change". Councilman Vehon MOVED THAT THIS ITEM BE POSTPONED UNTIL THE REGULAR MEETING OF DECEMBER 5,1989. Councilman Eidson seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Barker, Councilman Vehon,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilwoman Alger The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, DECEMBER 4,1989 EXECUTIVE SESSION,WORK SESSION,DECEMBER 5,1989 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 23 SPECIAL EXECUTIVE SESSION, DECEMBER 9,1989 )Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON DECEMBER 4,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON DECEMBER 5,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL EXECUTIVE SESSION BE HELD ON DECEMBER 9,1989,AT 8:00 A.M., FOR THE PURPOSE OF CONDUCTING CITY MANAGER INTERVIEWS. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Vice Mayor Damiano reported on the first "Concert in the Park"at the Gazebo on Sunday. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Regular Meeting of November 7,1989 3.Authorization to Install City Complex Parking Lot Lights 4.Proposed Resolution No.89-32,Annexation of State Land 5.Appointments to the Transportation Board 6.Update of Land Split Literature and Committee 7.Authorization for use of Contingency Funds:Magistrate Court File Cabinets; Floor Covering for Center for the Handicapped,Computer Programming and additional expenses incurred by amendments to business license fees and business license regulations;Purchase of Fax Machine for on-line communication with the Arizona Department of Revenue REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 24 8.Proposed Resolution No.89-33,Housing Rehabilitation Program Strategy Adoption ACCEPTED THIS 5TH DAY OF DECFMBFR ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ,1989.SIGNED AND ATTESTED TO THIS 7TH DAY OF DECEMBER KENNETH BLUNTSCHL Mayor ATTEST: KATHLEEN CONNELLY city clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 21,1989 PAGE 25 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 21st day of November ,1989.I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 1989. KATHLEEN CONNELLY City Clerk