Loading...
HomeMy WebLinkAbout1989-12-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 5,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 5,1989,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 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: 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 Director of Public Safety Bill McDaniel Director of Community Services Jeff Bell Assistant to the City Manager George Hoffman Director of Public Works Rich Broman Economic Development Specialist John Schoeph Assistant Planner Bob Dunn Associate Planner/Deputy Director Jim Nakagawa Mr.Keith Hilgendorf 1075 W.Smoketree Apache Junction,Arizona Mr.Gary Hatch Apache Grand,Inc. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 1 12801 S.71st Street Tempe,AZ Mr.Bill Duncan 6445 Lazy Lane Apache Junction,Arizona Mr.Bennett Merrill 8001 E.Broadway #772 Mesa,AZ Mrs.Ellen Durkin 5435 E.12th Avenue Apache Junction,Arizona Mr.Mike Sleeseman 1863 S.Buena Vista Apache Junction,Arizona Mr.Robert Wilkening B &B Cactus 950 W.Apache Trail Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -7 BE ACCEPTED AS PRESENTED; AND THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF PUBLIC WORKS,THROUGH THE ACTING CITY MANAGER TO FINALIZE THE AGREEMENT WITH BROWN AND CALDWELL FOR THE EVALUATION OF WASTEWATER PRIVATIZATION PROPOSALS AND THAT AUTHORIZATION BE GIVEN TO THE ACTING CITY MANAGER TO EXPEND FUNDS IN THE AMOUNT OF $4,200.00 FOR THAT AGREEMENT; AND THAT THE SUPERSTITION BOULEVARD IMPROVEMENT DISTRICT BE POSTPONED UNTIL THE REGULAR MEETING OF DECEMBER 19,1989; AND THAT THE CITY ATTORNEY BE GIVEN AUTHORIZATION TO ENTER INTO A SETTLEMENT ON THE ADMINISTRATIVE CLAIM AGAINST THE CITY OF APACHE JUNCTION; AND THAT THE CITY ATTORNEY BE GRANTED AUTHORITY TO COMMENCE LEGAL ACTION AGAINST THE PROPERTY OWNERS AT 1355 S.MERIDIAN,APACHE JUNCTION,ARIZONA AS FOLLOWS: TAKING STEPS AS NECESSARY TO COMPEL OWNERS'COMPLIANCE WITH BUILDING AND FIRE CODES; AND THAT THE EXECUTIVE SESSION THAT HAS BEEN RECESSED,BE RESUMED IMMEDIATELY FOLLOWING THIS MEETING IN THE CITY COUNCIL CONFERENCE ROOM,IN REFERENCE TO LEGAL ADVICE FOR THE PENDING BOND ELECTION AND FINANCING ALTERNATIVES. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 2 Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to this meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly announced that a suspect has been arrested for the homicide of Diane Johnson,that occured several months ago. CALL TO THE PUBLIC Mr.Keith Hilgendorf,1075 W.Smoketree,Apache Junction,Executive Director of the Chamber of Commerce,addressed the Council in regards to the agenda item on City Hall Parking Lot Lighting,stating that the Chamber of Commerce Conference Room is being used with greater frequency and i t is important to have sufficient lighting for the safety of the general public. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly announced that on December 3rd,six employees from the Department of Revenue,spent a day at Park n'Swap and found three vendors lacking in adequate licensing,and also that they have been canvassing several swap meets throughout the State and with the exception of Apache Junction,they have found a multitude of violations,and that the City's current licensing and enforcement program is effective. Ms Connelly stated that some of the information obtained from Sunday's operation will be reviewed by the State for tax and "second location"compliance,and the Department of Revenue is mainly interested in those vendors who follow the rules in Apache Junction,but were found to be in violation at other swap meets,and if warranted,some of the information will be forwarded to their Audit Division to follow up with the actual tax payments.Ms Connelly reported that Salt River Project has contacted the City about a cost-efficient project,which would involve the placement of temporary sun screening on the outside of the Library doors and windows,to act as a temperature barrier,and than Salt River Project would monitor the utility bills to determine the effectiveness of the project at no cost to the City.Ms Connelly stated that this week the annual Clean-up Program will take place,and that Operations received 96 phone calls in a two hour period yesterday in addition to the calls received prior to the deadline REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 3 last Friday,and that as of 4:00 p.m.today 468 requests for pick-up had been received. Ms Connelly further reported that confirmation has been received from the Arizona Humanities Council of a matching grant in the amount of $1,170.00 to be used for the "Visions of the West"program for the Library,involving reading programs and presentations,and also reported that there will be another Concert in Parks on December 11th featuring the "Cowboys Fiddle Band",at 2:30 p.m.at the Gazebo. PUBLIC HEARINGS APPLICATION FOR SERIES 10 LIQUOR LICENCE FOR TEXACO -FOOD MART )Mr.Gary Hatch,partner in Apache Grand,Inc.,12801 S.71st Street,Tempe,addressed the Council in regard to the Liquor License application. Vice Mayor Damiano asked i f the plans have been submitted for the project? Mr.Hatch replied that they have all been submitted. Vice Mayor Damiano commented that the Building Division does not indicate they have received those plans. Mr.Hatch added that the plans from the architect for the building are to be submitted within the next 10 days. Vice Mayor Damiano asked i f Mr.Hatch is aware that the address on the application is incorrect? Mr.Hatch replied that the address is that of the present Grandview Motel. Vice Mayor Damiano further pointed out that the address should have "W.Apache Trail"rather than "E.Apache Trail, and also that there is a liquor license at the Greyhound Park,which is not reflected on the application. Mr.Hatch answered that he was not aware of the liquor license at the Greyhound Park. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application? There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 4 Councilman Vehon MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY MR.GARY SEVILLE HATCH FOR A TEXACO -FOOD MART AT 2281 W.APACHE TRAIL,APACHE JUNCTION,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. motion. VOTE:Unanimous The motion carried. APPLICATION FOR PERSON AND LOCATION TRANSFER OF SERIES 6 LIQUOR LICENSE, THE WINCHESTER RESTAURANT &LOUNGE representative. Vice Mayor Damiano seconded the ) )Mayor Bluntschly called on the Mr.Bill Duncan,6445 Lazy Lane, Apache Junction,General Manager of the Winchester Lounge,addressed the Council in regards to the application. Vice Mayor Damiano pointed out that the zip code is incorrect on the application. Mr.Duncan replied that he had been made aware of that error. Councilwoman Alger clarified that this applicant is not the Chief of Police,for the public's benefit. Mayor Bluntschly asked if anyone wished to speak in favor of or in opposition to the application?There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A PERSON AND LOCATION TRANSFER OF A SERIES 6 LIQUOR LICENS, SUBMITTED BY MR.WILLIAM EDWARD MCDANIEL FOR THE WINCHESTER RESTAURANT &LOUNGE, BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 5 PROPOSED RESOLUTION NO.89-35, CUP -1-89,CHRISTIAN SCIENCE SOCIETY )Mayor Bluntschly explained that this is an application by Christian Science Society,represented by Bennett Merrill to erect a freestanding sign to display the days and times of church services and the name of the church,located at 624 S.Tomahawk Road. Assistant Planner Bob Dunn stated that this is a request for a second sign to be a free standing sign,although only one sign is allowed under the Zoning Ordinance,and stated that staffs opinion is that there should be "special"circumstances to warrant an additional sign,and in this instance none can be found although the proposal appears to be fine with current regulations. Mr.Dunn further stated that staff recommends denial of this request,based on the fact that there are no special circumstances offered by the applicant,but i f i t is the Council's wish to use the Special Use Permit on a case by case basis,there may be good reason to grant this permit.Mr.Dunn suggested the Church remove the sign on the building which would make this request allowable. sign is on the building? Mayor Bluntschly asked what type of Mr.Dunn replied that there are letters attached to the building reading "Christian Science Society",and that they have indicated a desire to have both signs,and added that the Council may attach stipulations i f this is approved. Mr.Dunn stated that the recommendations for stipulations are that the address be included on the sign, the final location be subject to review by the Engineering Department,and that the applicants submit a landscape plan for an approximately 20 foot wide strip along Tomahawk Road,as this is a landscape corridor,and further that the Planning and Zoning Commission recommends approval with the three conditions. Councilman Vehon asked i f the stipulation for landscaping is approved,do they have to submit a plan? Mr.Dunn replied that staff recommends a time limit be set as to when a landscape plan be submitted to be approved by the Development Coordinating Committee,with installation to occur sometime after the approval,180 days to one year possibly. Mr.Dunn added that the Commission felt that Churches are special in some ways,and when the Sign Code is amended, consider allowing one sign attached and one not attached for Churches. Councilman Eidson stated that he would support that amendment,but i f the landscaping is required within one year and than Tomahawk is widened,it will be to no avail. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 6 Mr.Dunn stated that the Planning and Zoning Commission had this same concern,and felt that it would be better to wait until offsites go in prior to requiring the Church to put in landscaping. Mr.Bennett Merrill,8001 E. Broadway,#772,Mesa,Arizona,representing the Christian Science Society, addressed the Council requesting approval of the application. Councilman Vehon asked what the Churches plans were for landscaping requirement? Mr.Merrill stated that the Church has agreed to landscape when the offsite improvements are made,but some will be done at this time. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the request?There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT RESOLUTION NO.89-35,APPROVING A CONDITIONAL USE PERMIT AUTHORIZING MORE THAN ONE SIGN FOR THE CHRISTIAN SCIENCE SOCIETY CHURCH,BE APPROVE AND ADOPTED WITH THE FOLLOWING STIPULATION: 1.THAT THE SIGN MUST DISPLAY THE STREET ADDRESS NUMBER OF THE CHURCH PER REQUIREMENTS OF SECTION 21.25.b.1.OF THE SIGN CODE. 2.FINAL SIGN LOCATI IS SUBJECT TO REVIEW AND APPROVAL BY THE ENGINEERING DEPARTMENT TO INSURE ADEQUATE AND SAFET SITE DISTANCES FROM THE EXISTING DRIVEWAYS. 3.THAT THE APPLICANTS SUBMIT A LANDSCAPE PLAN FOR AN APPROXIMATELY 20 -FOOT -WIDE STRIP ALONG TOMAHAWK ROAD FRONTAGE AND LANDSCAPE SAME STRIP AT THE POINT IN TIME WHEN THE OFFSITES ARE REQUIRED TO BE PUT IN. motion. plan should be submitted? Councilman Eidson seconded the Mayor Bluntschly asked i f the design Councilman Vehon stated that his intention was that those be submitted at the time that the offsites are going in,but not now,as who knows what will change. Councilman Vehon amended the motion THAT THE TITLE BE CHANGED TO SAY "AUTHORIZING ONE ADDITIONAL SIGN"RATHER THAN "MORE THAN ONE". REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 7 Councilman Eidson seconded the amendment. VOTE (on the amendment):Unanimous VOTE (on the original motion):Unanimous The motion carried. PROPOSED ORDINANCE NO.706,AMENDING THE CITY CODE PERTAINING TO CITY MANAGER (With Emergency Clause) )Mayor Bluntschly stated that this item was postponed from the November 21,1989,Council meeting. City Attorney David Alexander explained that the current City Code has provisions restricting the Council on terminating the City Manager,which is prohibited by State Law,and there is also a mandatory "due process procedure"in the Code which could be considered restrictions placed upon the Council in said termination,and that this ordinance repeals those sections of the City Code and brings the Code into compliance with State Law. 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 Barker MOVED THAT ORDINANCE NO.706 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. read as follows: Vice Mayor Damiano seconded the Deputy City Clerk Lori Zmayefski ORDINANCE NO.706,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY,CHAPTER 3 ADMINISTRATION,SECTION 3-1-10 REMOVAL PROCEDURES,BY REPEALING THE EXISTING SECTION 3-1-10 AND ENACTING A NEW SECTION OF LIKE NUMBER;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 8 Vice Mayor Damiano MOVED THAT ORDINANCE NO.706,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.708,RESTRICTING TRUCK TRAFFIC ON BROADWAY AVENUE )Engineering Division Secretary, Theryn Hansen explained that Council directed staff to draft an ordinance limiting truck traffic on Broadway Avenue,due to problems with traffic on Broadway and Royal Palm and at Broadway and Delaware. 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 address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.708 BE READ BY TITLE ONLY 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 THE APACHE JUNCTION CITY CODE,CHAPTER 12 TRAFFIC BY REVISING ARTICLE 12-4 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES. Vice Mayor Damiano MOVED THAT ORDINANCE NO.708,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 9 PROPOSED ORDINANCE NO.709,AMENDING THE CITY CODE,PERTAINING TO REQUIREMENT FOR SWAP MEET VENDORS AND PROPRIETORS ) )Acting City Manager/City Clerk Kathleen Connelly explained that this ordinance is a culmination of work on the part of the Committee,Council and staff,and further that this ordinance amends the requirements for Swap Meet Vendors and Proprietors. Councilman Vehon stated that the time put in by citizens,staff and Council is appreciated,that he feels that this is a workable ordinance. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance? Mrs.Ellen Durkin,5435 E.12th Avenue,Apache Junction,addressed the Council in favor of the ordinance and as a Committee member. Mr.Mike Sleeseman,General Manager of Park n'Swap,1863 S.Buena Vista,Apache Junction,spoke in favor of the ordinance,and further stated that currently the Swap Meet is pretty much doing the enforcement of the ordinance. Mr.Sleeseman also expressed objection to the advertisement aspect in the current ordinance,and suggested other businesses in town coming out to park n'swap to advertise only without having to obtain a license,unless they also conduct actual business. Mr.Robert Wilkening,B &B Cactus, Apache Junction,950 W.Apache Trail,addressed the Council in objection to the Sales Tax Reports. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.709 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: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 10 ORDINANCE NO.709,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-6 SWAP MEET OPERATIONS, PERTAINING TO LICENSE REQUIREMENTS FOR SWAP MEET PROPRIETORS AND SWAP MEET VENDORS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.709,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: 1.SECTION 8-6-1(A),DEFINITION OF "ADVERTISEMENT"BE LEFT AS IT IS CURRENTLY IN THE CITY CODE,AND THAT THE BALANCE OF THAT PORTION OF THE ORDINANCE BE OMITTED. 2.THAT SUBSECTION M OF SECTION 8-6-1 READ AS FOLLOWS:"SWAP MEET VENDOR MEANS ANY PERSON LOCATED UPON THE PREMISES OF THE SWAP MEET FOR THE PURPOSE OF CAUSING THE ADVERTISEMENT OF OR MAKING A SALE AT A SWAP MEET. 3.AND THAT SECTION 8-6-2(M)REMAIN AS IS CURRENTLY IS IN THE CITY CODE. 4.THAT SECTION 8-6-3 SUBSECTION A,SHOULD READ "TO FAIL TO FILE WITH THE CITY A REPORT OF ALL RETAIL AND WHOLESALE TRANSACTIONS CALCULATED ON A DAILY BASIS,AND BASED UPON THE SWAP MEET VENDORS DAILY GROSS RECEIPTS,SUCH REPORTS SHALL BE FILED WITH THE CITY CLERK'S OFFICE ON NOT LESS THAN A MONTHLY BASIS WITH EACH FILING TO OCCUR NO LATER THAN THE SIXTH DAY FOLLOWING THE END OF THE MONTH. 5.THAT THE CHANGES FOR THE REPORT OF THE GROSS SALES COMMENCE JANUARY 1,1990 Councilman Vehon explained as an overview of the changes,that instead of having two types of swap meet vendors there will only be one type,and vendors will only need to file reports on a monthly basis,and that advertising is put back in,and ADDITIONALLY IN 8-6-2(N) THAT AT THE END OF THAT SHOULD BE ADDED "WITH THE EXCEPTION OF THE FILING OF THE GROSS SALES REPORTS,therein not making the proprietor of the swap meet responsible for the swap meet vendors filing their gross reports. Mayor Bluntschly stated that prior to receiving a second to the motion,he would like to make an addition to the motion: THAT ANY VENDOR WHO IS REQUIRED BY THIS CHAPTER TO FILE A GROSS SALES REPORT, SHALL CAUSE THE IMMEDIATE REVOCATION OF THEIR CITY BUSINESS LICENSE IF SUCH VENDOR A.FAILS TO FILE THEIR GROSS SALES REPORT WITH THE CITY BY THE REQUIRED DEADLINE. B.FAILS TO PROVIDE THE INFORMATION ON THE GROSS SALES REPORT IN THE MANNER AS REQUIRED BY THE CITY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 11 C.FAILS TO COMPLY WITH THE CONTENT AS REQUIRED ON THE GROSS SALES REPORT TO INCLUDE THE LISTED BUSINESS,INFORMATION,SALES TAX LICENSE NUMBER,AND THE DATE OF THE WEEK,SPACE NUMBERS AND GROSS SALES PER DAY FOR EACH DAY ANY SPACE WAS RENTED OR LEASED,SUCH REPORT SHALL ALSO BE SIGNED BY THE BUSINESS OWNER OR PERSON COMPLETING THE REPORT. IN THE EVENT THAT SUCH A LICENSE IS REVOKED,IT SHALL BE NECESSARY TO APPLY FOR A NEW LICENSE AND NO LICENSE WILL BE ISSUED UNTIL ALL OUTSTANDING GROSS SALES REPORTS HAVE BEEN FILED WITH THE CITY. means paying a new license fee? correct. second incorporates the amendment? Councilwoman Alger asked i f this Mayor Bluntschly stated that this is Councilman Cox seconded the motion. Councilman Vehon asked i f this Mayor Bluntschly confirmed this,as the amendment was simply added to the motion,with Councilman Vehon's permission. Councilman Vehon stated that he understands the addition to the motion,as a lot of reports are filed without being filled out properly or with nasty notes,however,this is a minority and would hate to see the license revoked i f the report is not in by the sixth day of the month.Councilman Vehon suggested a notification of revocation or a grace period allowed. Councilwoman Alger agreed,but added that i f a grace period is given,they will take every day of it,and further suggested just extending the reporting deadline. Councilman Vehon replied that grace days for reporting and grace days for revocation of the license is two different things. Councilman Eidson asked how regular business licenses are handled when they are delinquent? Ms Connelly explained that penalty fees and interest is assessed,but failure to renew a license and failure to report taxes are two different issues. Councilwoman Alger commented that i f the method proposed by Mayor Bluntschly is not initiated,these have to go through Court which takes quite some time,and this will impose a fine on the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 12 vendors for not filing as required without having to go through the Court which is quite a bit cheaper. Ms Connelly added that a report can be faxed to the City,as a Fax Machine will be obtained soon. Councilwoman Alger suggested allowing ten days to file the reports. Councilman Eidson asked what happens i f someone gets sick or something and can't file? Ms Connelly stated that these types of occasions do arise,and the City can work with that,but that problems occur with the obscene messages rather than a report. Councilman Cox commented that six days is sufficent time for vendors to file the reports,and i f this is changed, he will withdraw his second. Councilman Vehon asked that the main motion be seconded,and the amendment be dealt with separately. Mayor Bluntschly asked for a second on the original motion without the additiona. motion. amendment to the motion again. amendment. Councilwoman Barker seconded the Mayor Bluntschly reiterated the Councilman Cox seconded the Councilman Eidson requested something in writing that staff will not just pull someones license,should something happen. Mayor Bluntschly replied that the intent of the Council will be in the minutes,that should something happen that is beyond the control of the individual vendor concerned,this will be taken into consideration and just being "late"will not automatically place his license into revocation. Ms Connelly stated that language may be placed in the ordinance that i f the vendor can provide proof of a true emergency,than the license will not be revoked,but that the emergency needs to be limited. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 13 Councilwoman Barker stated that when a date is chosen for a deadline i t needs to be consistent and not pick and choose who is going to be okay to let go beyond the deadline. Mayor Bluntschly stated that only i f the circumstances are "beyond their control"will the vendor be granted leeway. Councilwoman Alger reiterated that the deadline should be ten days. Councilman Eidson spoke in favor of a grace period instead. Vice Mayor Damlano also spoke in favor of a grace period. Mayor Bluntschly objected,stating that people take advantage of a grace period. Councilman Cox suggested giving ten days as a deadline,but charge a fee for each day after the sixth day. Councilman Vehon asked i f City Business Licenses are granted solely at the discretion of the City? City Attorney David Alexander replied that they are,and that the City may set up the terms and conditions. Councilman Vehon asked if a License may be revoked without any other "due process"? believes so. Mr.Alexander answered that yes,he Councilwoman Alger amended the motion THAT THE DEADLINE BE CHANGED TO THE TENTH DAY AT 5:00 P.M. Councilman Eidson seconded the amendment to the amendmendment to the motion. VOTE (on the amendment to the amendment to the motion): In favor:Councilman Eidson,Councilwoman Barker,Councilwoman Alger Opposed:Councilman Cox,Councilman Vehon,Vice Mayor Damiano, Mayor Bluntschly The amendment to the amendment to the motion failed. VOTE (on the amendment to the motion): REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 14 In Favor:Mayor Bluntschly Opposed:Councilman Eidson,Councilwoman Barker,Councilwoman Alger, Councilman Cox,Councilman Vehon,Vice Mayor Damiano The amendment to the motion failed. VOTE (on the original motion): In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson,Vice Mayor Damiano Opposed:Mayor Bluntschly The motion carried. Mayor Bluntschly recessed the meeting at 8:25 p.m. Mayor Bluntschly reconvened the meeting at 8:33 p.m. OLD BUSINESS CITY HALL COMPLEX PARKING LOT LIGHTING (Postponed Item)) )Engineering Division Secretary Theryn Hansen explained that the alternatives for the city complex parking lot lighting are that the City put in lights on the building and Salt River Project put in one light at Idaho Road,and the other is for Salt River Project to put in all lights with different methods of paying for those,and outlined the lighting patterns for the two alternatives. Vice Mayor Damiano expressed the opinion that the City could install the lights on the buildings. Ms Hansen further stated that should a parking lot be extended at the Handicapped Building,the additional lights would be necessary for lighting of that parking. Mayor Bluntschly asked what the estimated cost would be? Ms Hansen replied that for lights on buildings,it would be approximately $150.00 per light. Acting City Manager/City Clerk Kathleen Connelly stated that she has not heard of the extension of the parking lot at the Handicapped Center,and who is proposed to pay for this? REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 15 Councilman Vehon stated that it was a tentative discussion,and that i t appeared that the City would pay for it. Ms Connelly commented that i t really needs to be checked out prior to making any type of commitment. Councilman Vehon stated that paving wasn't anticipated,just graded as a dirt parking lot,and that lighting should be designed for that possibility. Ms Hansen stated that there is $4,800 budgeted that could be applied to this lighting. Mayor Bluntschly pointed out that some of these funds from Operations Supervisor Doug Dobson's budget can only be used for streets. Ms Connelly stated that the light on Idaho Road,according to Controller Keith Lewis,could be funded by those monies,but interior lighting installation from those funds could cause a problem. Mayor Bluntschly additionally pointed out that alternative one is going to be over the budgeted amount. Ms Hansen answered that with the exception of the Idaho Road light,which would cost approximately $1,000,and that any pole installation would add approximately $1,000 to the cost of a light,totalling $1,500.00. Vice Mayor Damiano expressed his opinion that the lighting on the buildings should be sufficient,without installing additional poles. Councilwoman Alger and Mayor Bluntschly commented that these still would not light the parking lot sufficiently between the Chamber of Commerce Building and the Handicapped Center. Councilwoman Barker stated that there also is not enough lighting provided between the Chamber of Commerce and the Finance Building,and suggested small lights to be connected to the buildings. Vice Mayor Damiano suggested installing a pole just to the east of Buildings A,B,and C,with the light on Idaho Road also. Councilman Vehon stated that there is enough money to place a pole to the south side of the Finance Building. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 16 Ms Hansen suggested a 16,000 lumina light at that location. Vice Mayor Damiano indicated on the overhead projector where the suggested poles and lights would be. Councilwoman Barker asked i f the one light on a existing pole,two on newly installed steel poles,one light for the west parking lot,one for the parking lot between the Chamber of Commerce and Finance Building,eliminating the obsolete lights,were installed,what would the approximate total cost be? Ms Hansen approximated $4,200 as a total. Councilwoman Barker pointed out that this is within the budgeted amount,although underground lines will have to be watched for,and that this plan can be considered "Alternative 5H. Councilwoman Alger suggested installing a 30,000 lumina rather than a 16,000 lumina between the Chamber of Commerce and the Finance Building. Councilwoman Barker MOVED THAT THE ENGINEERING DIVISION,THROUGH THE ACTING CITY MANAGER,BE AUTHORIZED TO COORDINATE WITH SALT RIVER PROJECT AND CITY INSTALLATION FOR THE INSTALLATION OF CITY COMPLEX PARKING LOT LIGHTS;AND THAT THE EXPENDITURE OF NO MORE THAN $4,800 BE AUTHORIZED AS STIPULATED IN ALTERNATIVE FIVE. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS LIBRARY EXPANSION )Ms Hansen briefed the Council on the proposal for three alternatives for the expansion of the Library/Senior Center Parking Lot. Councilman Vehon stated that alternative one would be preferable,keeping i t on City property until the property can be purchased,and asked i f this expansion was budgeted? REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 17 Ms Hansen recalled that only the design of the parking lot extension was budgeted. Councilwoman Alger agreed. Mayor Bluntschly commented that the Council cannot make a decision on this without knowing i f the money is available,and from where. Councilwoman Alger MOVED THAT THE LIBRARY PARKING LOT EXPANSION BE POSTPONED UNTIL THE REGULAR MEETING OF JANUARY 16,1989. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.DIRECTION TO PROCEED WITH ESTABLISHING A BUSINESS LICENSE REVIEW COMMITTEE (Postponed from November 21,1989.) Councilman Vehon MOVED THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO PROCEED WITH THE ESTABLISHMENT OF A BUSINESS LICENSE REVIEW COMMITTEE AS FOLLOWS: TO BE MADE UP OF FIVE LOCAL BUSINESS PEOPLE,WITH AN EFFORT TO TRY FOR DIFFERENT TYPES OF BUSINESSES,PREFERABLY BUSINESS OWNERS,TWO COUNCILMEMBERS,CITY STAFF, AND A CHAMBER OF COMMERCE STAFF REPRESENTATION (IF THEY CARE TO PARTICIPATE,AS NON -VOTING MEMBERS); AND THAT THE ITEMS TO BE REVIEW AS PER THE LIST SUBMITTED SHALL BE ITEMS NO.1, 2,4,7,8,9,10,11,13 (REPLACE WITH "REVIEW A NEW LICENSE SET-UP (PROCESSING FEE),14,15,16,17,18,AND 19. Vice Mayor Damiano seconded the motion. Councilman Vehon asked i f advertising needed to be discussed also in this Committee? Ms Connelly asked i f he wished her personal preference? Councilman Vehon replied that yes, as long as the question was asked. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 18 prefer i t remained as i t is in the Code.Ms Connelly replied that she would Mayor Bluntschly agreed with Ms Connelly. motion THAT ENHANCED ENFORCEMENT PROC Councilwoman Alger amended the EDURES BE REVIEWED. Councilman Vehon seconded the motion. Ms Connelly reminded the Council that the Business License Clerk will be out for approximately a month,and with an election coming up,it will be difficult to bring this back quickly. Ms Connelly asked i f Talent Bank applications should be solicited,or volunteers? Mayor Bluntschly and Councilman Vehon replied that volunteers would be sufficient. VOTE (on the amendment):Unanimous VOTE (on the original motion as amended):Unanimous The motion carried. 2.DIRECTION TO PLANNING AND ZONING COMMISSION TO CONDUCT HEARINGS AND MAKE RECOMMENDATIONS ON THE PROCEDURE FOR GENERAL PLAN AMENDMENTS. Councilman Vehon MOVED THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION TO CONDUCT PUBLIC HEARINGS AND MAKE RECOMMENDATIONS ON THE PROCEDURES FOR GENERAL PLAN AMENDMENTS: SPECIFICALLY TO LOOK AT ALLOWING GENERAL PLAN AMENDMENTS TO BE DONE ON A CASE BY CASE BASIS AND TO LOOK AT APPLYING AN APPLICATION FEE FOR THOSE AMENDMENTS. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. 3.DIRECTION TO THE PLANNING AND ZONING COMMISSION TO CONDUCT HEARINGS AND MAKE RECOMMENDATIONS ON THE EXPANSION OF MOBILE HOME OVERLAY AREAS. Councilman Vehon MOVED THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION TO CONDUCT PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 19 AND MAKE RECOMMENDATIONS ON THE EXPANSION OF MOBILE HOME OVERLAY AREAS, SPECIFICALLY IN SECTIONS 17,18,20,AND 21 WITHIN THE CITY. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION PERTAINING TO LEGAL AND PERSONNEL MATTER,DECEMBER 11,1989 EXECUTIVE SESSION,WORK SESSION, DECEMBER 18,1989 EXECUTIVE SESSION,WORK SESSION, DECEMBER 19,1989 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD ON DECEMBER 13,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS,PERTAINING TO LEGAL MATTERS REGARDING SEWER ISSUES AND ALTERNATIVE FINANCING; AND THAT AN EXECUTIVE SESSION BE HELD ON DECEMBER 11,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CONFERENCE ROOM,PERTAINING TO LEGAL AND PERSONNEL MATTERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M..,ON DECEMBER 18,1989,IN THE CITY COUNCIL CHAMBERS: AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON DECEMBER 19,1989,IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:33 p.m. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 20 Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Regular Meeting of November 21,1989 3.Proposed Resolution No.89-34,Expressing Support for the Concept of an East Valley Campus of Arizona State University 4.Authorization to Finalize agreement with Brown and Caldwell for Evaluation of Wastewater Privatization Proposals and Authorization to expend funds in excess of $5,000. 5.Superstition Boulevard Improvement District,Request for Postponement 6.Authorization for City Attorney to enter into Settlement on Administrative Claim against the City of Apache Junction. 7.Granting Authorization to the City Attorney to Commence Legal Action against Property Owners at 1355 S.Meridian,Apache Junction,Arizona APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED THIS 21ST DAY OF DECEMBER ATTEST: KATHLEEN CONNELLY City Clerk KENNETH BLUNTSCHLY Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,1989 PAGE 21 ,1989. 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 5th day of December,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