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HomeMy WebLinkAbout1984-09-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 4,1984 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 4,1984,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:03 p.m. INVOCATION Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Damiano,Councilman Taylor,Councilman Steelsmith, Councilman Shanks,Councilman Hill,Vice Mayor Eidson, Mayor Clarke City Manager Michael J.McNulty City Clerk Kathleen Connelly Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Controller Keith Lewis Director of Planning Chuck Newcomer Economic Development Specialist John Schoeph City Engineer Jim Bakkedahl Associate Planner Jim Nakagawa City Attorney David Alexander Deputy City Clerk Lori Clark Cinda Graf,Interim Director Community Action Human Resources Agency Mr.Richard D.Damiano 6157 E.Hermosa Vista Drive Mesa,Arizona Mr.A.Richard Damiano 2304 W.Cortez Rd. Apache Junction,Arizona 85220 Realtor Paul Connolly 1935 S.Cactus Apache Junction,Arizona 85220 Mr.Richard Herbert 934 W.McDowell Phoenix,Arizona Pastor Lowell Downey 1518 W.Roosevelt Apache Junction,Arizona 85220 Mr.Leon Ovando 1521 N.Orange Mesa,Arizona Mr.Roy Hudson 2084 W.9th Avenue Apache Junction,Arizona 85220 Mr.Bob Jones 1727 N.Chestnut Circle Mesa,Arizona Mr.Chuck Jzastremski 5722 E.10th Avenue Apache Junction,Arizona 85220 Mr.Jim Hurst 1065 N.San Marcos Apache Junction,Arizona 85220 Mr.R.T.Haas 1126 N.Goldfield Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA ) )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE AGENDA BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A:PROPOSED ORDINANCE NO.275,PZ-17-84,APPLICATION BY AL BELLUCCI AND KEN RAGAN TO REZONE 10 ACRE PARCEL,LOCATED ON SOUTH SIDE OF LOST DUTCHMAN BOULEVARD BETWEEN IRONWOOD AND VALLEY DRIVES IN SECTION 17,FROM GR GENERAL RURAL TO TRAILER HOMESITE BY PLANNED DEVELOPMENT (TH/PD);B:PROPOSED ORDINANCE NO.195, PZ-30-84,APPLICATION BY LEONARD HARDY OF HARDY TURQUOISE COMPANY TO REZONE 3.5 ACRE PARCEL,LOCATED AT SOUTHEAST CORNER OF HIGHWAY 60 AND ROYAL PALM ROAD IN SECTION 28,FROM CB -1 LOCAL BUSINESS TO CB -2 GENERAL BUSINESS ZONE; C:PROPOSED ORDINANCE NO.296,PZ-34-84,APPLICATION BY DAVID AND TANEA BRADLEY TO REZONE 5 ACRE PARCEL,LOCATED ON SOUTH SIDE OF WINDSONG STREET BETWEEN DELAWARE AND GRAND DRIVES IN SECTION 18,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);D:PROPOSED ORDINANCE NO.301,PZ-39-84, APPLICATION BY COMMISSION INITIATIVE FOR A PROPOSED ZONING MAP AMENDMENT FOR HAVEN HOLLOW UNIT #2 AND A PORTION OF CHOLLA VISTA ESTATES FROM TRAILER HOMESITE ZONE (TH)TO CR-3 SINGLE RESIDENCE ZONE;E:ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF JULY 31,1984;F:ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF AUGUST 21,1984,BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 2 VOTE:In Favor:Councilman Taylor,Councilman Damiano,Councilman Steelsmith,Vice Mayor Eidson,Mayor Clarke Abstained:Councilman Shanks,Councilman Hill (not present at regular meeting of August 21,1984) The motion carried. Introduction of Distinguished Guests and Visitors Mayor Clarke recognized State Representative Roy Hudson. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Ms Cinda Graf,Interim Director of Community Action Human Resources Agency,expressed gratitude for assistance received from the City,espec- ially Community Services,and addressed the City Council requesting further assistance in the form of funds and suggestions. Mayor Clarke read the following letter with great regret: "Honorable Mayor and Councilmembers: Please accept my resignation from Apache Junction City Council effective October 2,1984.Personal and business commitments do not allow me to devote the time to City business.I t has been a pleasure serving with all of you.Thank you for your consideration. Sincerely, Hank Steelsmith" PUBLIC HEARINGS PROPOSED ORDINANCE NO.246,PZ-52-83 WEITKAMP CORP.,SAMBORSKI,MILLER (First Reading) the public. Mayor Clarke opened the hearing to Director of Planning Chuck Newcomer briefed the Council on the application for rezoning of a 14.82 acre parcel,located between Meridian and Warner Drives and Lost Dutchman Boulevard and Windsong Street in Section 18 from GR General Rural to TH/PD Trailer Homesite by Planned Development,. Realtor Paul Connolly,1935 S. Cactus,Apache Junction,stated that Mr.Teeples had not yet arrived at the meeting and requested that the hearing be postoned until a later time during the meeting or until another meeting. would be continued later in the meeting. PROPOSED ORDINANCE NO.288,PZ-29-84 A.R.DAMIANO (Postponed First Reading) the public. Mayor Clarke stated that the hearing Mayor Clarke opened the hearing to Mr.Newcomer briefed the Council on the application for rezoning of a 4.15 acre parcel,located at the southeast corner of Highway 88 and E.Hidalgo Street in Section 15 from CR-1 Single Residence to CB -2 General Business Zone. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 3 Mr.Richard D.Damiano,6157 E. Hermosa Vista Drive,Mesa,son of the applicant and operator of proposed business on the property in question,addressed the item and stated the nature of business which would be to repair golf carts with some retail sales. Councilman Shanks wished to know i f the entire property would be utilized for this endeavor. Mr.Damiano replied that a building of approximately 5000 square feet would be located on the northeast corner of the property and one acre would be sufficient for the business. Councilman Shanks asked i f any other business would be on the property also. Mr.A.Richard Damiano,2304 W. Cortez Rd.,Apache Junction,owner of the property,stated that the majority of the remaining property is washes,and would not be useable for businesses. Mayor Clarke 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 Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning and Zoning Commission recommends the rezoning to CB -1 Local Business Zone and that this type of business would be appropriate for this zoning,and that the Planning staff also recommends that the application be changed to CB -1 Local Business Zone. Councilman Shanks stated that as she understood the zoning administrator's opinion,i f the whole business;repair and sales,were enclosed in a building,CB -1 would be the appropriate zoning. Mr.Richard D.Damiano stated that the whole business,excluding storage,would be enclosed in the building. Mayor Clarke requested that further information be submitted at the second reading. Councilman Shanks requested a more accurate description be given of the area to be used for the business. City Manager Michael J.McNulty stated that a video of the area would be shown at the second reading. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.288,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.288,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-29-84 FROM CR-1 SINGLE RESIDENCE ZONE TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.297,PZ-35-84, HERBERT,AMERICAN BUSINESS CORP., MEAKER AND MURPHY (First Reading)) the public. Mayor Clarke opened the hearing to REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 4 Mr.Newcomer stated that this is an application for rezoning of a 4.6 acre parcel,located on the southwest corner of Broadway and San Marcos Drive in Section 29,from GR General Rural to CB -1 Local Business Zone. Mr.Richard Herbert,934 W. McDowell,Phoenix,one of the owners of the property,requested approval of the application. Vice Mayor Eidson asked what the proposed property use would be. Mr.Herbert stated that the property would be used for either reail shops or offices in a one-story garden plaza. Vice Mayor Eidson asked i f they understood that CB -1 zoning restricts the types of businesses allowed. Mr.Herbert replied that this was understood. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. There being no one wishing to address the Council,Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning Department has no objections and the Planning and Zoning Commission recommends approval of the application with certain stipulations. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.297,by title only for the first reading. ORDINANCE NO.297,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-35-84 FROM GR GENERAL RURAL TO CB -1 LOCAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.298,PZ-36-84, BEEMAN AND JOHNSON (First Reading)) )Mayor Clarke opened the hearing to the public. Mr.Newcomer briefed the Council on the request for rezoning of a .95 acre parcel,located on the southeast corner of Roosevelt Street and Ironwood Drive in Section 20,from GR General Rural to CB -2 General Business Zone. Mr.Keith Stachar requested approval of the application. Councilman Damiano wished to know the proposed use. Mr.Stachar stated that there is not a specific use planned at this time,possibly a tenant for business uses. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. Pastor Lowell Downey,1518 W. Roosevelt,Apache Junction,wished to know the type of business,because as the proposed rezoning is across the street from a church,especially i f the business would include liquor. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 5 Mayor Clarke explained that when applying for a liquor license,there is a 300 foot requirement of distance from churches and schools. There being no one else wishing to address the Council,Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning and Zoning Commission recommends approval of the rezoning request and the Planning staff has no objections to the application. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.298,by title only for the first reading. as follows: City Clerk Kathleen Connelly,read ORDINANCE NO.298,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-36-84 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.299,PZ-37-84, GRAVES (First Reading) )Mayor Clarke opened the hearing to the public. Mr.Newcomer stated that this is an application for rezoning of a 5 acre parcel located on the east side of Cactus Road,300 feet south of Scenic Street in Section 21,from GR General Rural to Trailer Homesite Zone (TH). Mr.Leon Ovando,1521 N.Orange, Mesa,representing the applicants,who are presently out-of-state,requested approval of the application. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. There being no one wishing to address the Council,Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning and Zoning Commission recommends approval,and that the Planning staff has no objection to the proposal. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.299,by title only for the first reading. as follows: City Clerk Kathleen Connelly,read ORDINANCE NO.299,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-37-84,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.300,PZ-38-84, HUDSON (First Reading) the public. Mayor Clarke opened the hearing to REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 6 Mr.Newcomer briefed the Council on the application for rezoning of a 1.5 acre parcel located at the southwest corner of Ironwood Drive and Broadway Avenue in Section 30,from CR-3 Single Residence to CB -2 General Business Zone. Mr.Roy Hudson,2084 W.9th Avenue, Apache Junction,requested approval of the rezoning for the purpose of building a retail shop plaza,and introduced the spokesman for the devel- oper. Vice Mayor Eidson asked i f re- strictions could be placed on the property which would prohibit businesses that might cause traffic congestion problems with the school. Mr.Hudson stated that he had no objection to restrictions of this nature. Mr.Bob Jones,1727 N.Chestnut Circle,Mesa,spokesman for the developer,outlined the proposal and re- quested approval of the application. Councilman Damiano asked i f gas stations or other businesses that would cause traffic congestion could be put in i f the property changed owners. Mr.Jones stated that restrictions such as this should be specified in the ordinance,and that the building permits for such a business would not be approved i f this was in violation of the ordinance restrictions. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. There being no one wishing to address the Council,Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning and Zoning Commission recommends denial of a CB -2 zoning in this area as i t would not be consistent with the General Plan,but may be rezoned CB -1 as i t would be more restrictive. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.300,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.300,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-38-84 FROM CR-3 SINGLE RESIDENCE TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting. PROPOSED ORDINANCE NO.315,AMENDING CHAPTER 2 OF THE CITY CODE (First Reading with Emergency Clause) the public. Mayor Clarke opened the hearing to City Clerk Kathleen Connelly ex- plained that in the future there would be proposed ordinances presented to the Council that would mend various sections of the City Code,that are REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 7 outdated in comparison with State regulations and City needs.Ms Connelly stated that this proposed ordinance amends two sections;requiring two Council meetings per month,and the order of business on the agenda.These amendments would permit the Mayor to cancel a meeting and further updates the City Code to the present order of agenda items in use. Mayor Clarke 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 Clarke closed the hearing to the public. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.315,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.315,by title only with the emergency clause. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.315,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,SECTION 2-4-1 REGULAR MEETINGS;AND SECTION 2-4-6 ORDER OF BUSINESS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.315,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,SECTION 2-4-1 REGULAR MEETINGS;AND SECTION 2-4-6 ORDER OF BUSINESS;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.318,AMENDING CHAPTER 10 OF THE CITY CODE,BARBED WIRE FENCES (First Reading with Emergency Clause) the public. Councilman Hill seconded the motion. Mayor Clarke opened the hearing to Director of Planning Chuck Newcomer outlined the amendment to the City Code as pertains to barbed wand electric fences. Mr.Chuck Jzastremski,5722 E.10th Avenue,Apache Junction,Chairman of the Superstition Horseman's Association,addressed the Council in favor of the proposed amendments. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 8 Mr.Jim Hurst,1065 N.San Marcos, Apache Junction,wished to know i f fence could be installed around a trailer park for protection. Mr.Newcomer stated that as trailer and RV parks are considered residential,barbed wire fences are not permitted. Mr.Hurst asked why the City pre- viously gave permission to place a barbed wire fence around his property. Mayor Clarke suggested this matter be checked into further. Mayor Clarke asked i f there was anyone else who wished to speak in favor of or in opposition to the amend- ment.There being no one else wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.318,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Councilman Taylor wished clari- fication of whether mobile home parks are considered residential or commercial,or i f they can or cannot use barbed wire. Mr.McNulty replied that this would have to be determined,and i f i t is desired,a future amendment can be made. Mayor Clarke called upon the City Clerk to read Ordinance No.318,by title only with the emergency clause. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.318,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10 OFFENSES,SECTION 10-1-8 FENCES; BARBED WIRE,AND ELECTRIC;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.318,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10 OFFENSES,SECTION 10-1-8 FENCES;BARBED WIRE,AND ELECTRIC; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 9 CONTINUANCE OF PROPOSED ORDINANCE NO.246, PZ-52-83,WEITKAM CORP.,SAMBORSKI,MILLER THROUGH BRENT TEEPLES. Mr.Paul Connolly stated that Mr.Brent Teeples has not yet appeared. City Attorney David Alexander stated that i f Mr.Connolly has proper designation by the applicants,he may present the case. Mayor Clarke reopened the hearing to the public. Mr.Connolly requested approval of the rezoning application. Mayor Clarke 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 Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning and Zoning Commission recommends approval of the application with stipulations,and the Planning staff also has no objections. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.246,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.246,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-52-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. OLD BUSINESS PROPOSED ORDINANCE NO.307,LIQUOR LICENSE FEES (Postponed Item) item should be further postponed. Mayor Clarke explained that this Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT PROPOSED ORDINANCE NO.307 BE FURTHER POSTPONED TO THE REGULAR MEETING OF OCTOBER 16,1984. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.84-48, AB -84-11,HARE (Postponed Item) )City Attorney Alexander informed the Council that this had been investigated and that the council could proceed with the item by resolution. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 10 Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-48,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT CERTAIN DEDICATIONS FOR PUBLIC RIGHTS -OF -WAY ON NORTH GRAND DRIVE FROM WEST PIONEER STREET TO WEST SMOKETREE STREET,AS DESCRIBED IN STREET ABANDONMENT CASE AB -84-11,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY VACATED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Damiano,Councilman Taylor,Councilman Hill, Councilman Steelsmith,Vice Mayor Eidson,Mayor Clarke Abstained:Councilman Shanks (not in attendance when case presented) The motion carried. NEW BUSINESS REQUEST FOR EXTENSION TO CLEAN PROPERTY -ARTICLE 9-2 OF CITY CODE ) )Ms Connelly explained Mrs.Marilyn Shine had received one extension on August 6,1984,to bring her property into compliance with Article 9-2 of the City Code and is now requesting a further extension as the property is in the process of being purchased. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXTENSION OF A MAXIMUM OF 14 DAYS BE GRANTED TO MRS.MARILYN SHINE,TO BRING SAID PROPERTY INTO COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NOS.84-38, 84-41,84-42,84-43,AND 84-44, COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION )Mr.Newcomer explained that these resolutions are an application for $125,000 for construction of a Senior Citizens/Community Center as an annex to the City Library. Vice Mayor Eidson asked i f i t would be necessary for the City to match these funds. Mr.Newcomer replied that no this was not a matching grant. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-44,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,COMMITTING LOCAL FUNDS AS LEVERAGE FOR THE 1984 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION,BE AND HEREBY IS APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 11,-1984 PAGE 11 BE IT FURTHER RESOLVED THAT RESOLUTION NO.84-38,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,COMMITTING AVAILABILITY FOR USAGE BY SENIOR CITIZENS OF THE PROPOSED SENIOR CITIZENS/COMMUNITY CENTER TO BE FUNDED IN PART BY 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT RESOLUTION NO.84-41,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,IDENTIFYING COMMUNITY DEVELOPMENT AND HOUSING NEEDS AND ACTIVITIES TO BE UNDERTAKEN TO MEET SUCH NEEDS,BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT RESOLUTION NO.84-42,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CERTIFYING THAT SAID APPLICATION MEETS THE LOW AND MODERATE BENEFIT REQUIREMENTS OF THE STATE CDBG PROGRAM,BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT RESOLUTION NO.84-43,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ADOPTING A PLAN TO MINIMIZE DISPLACEMENT AND ASSIST PERSONS ACTUALLY DISPLACED AS A RESULT OF ACTIVITIES FUNDED IN WHOLE OR IN PART WITH 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.84-37,AB -84-14, A.R.DAMIANO AND MATOUSEK )City Engineer Jim Bakkedahl briefed the Council on the abandonment of Hidalgo Street between Cortez Road and Bowman Road between Windsong Street and Highway 88,which is not open or maintained by the City,and the Development Coordinating Committee has no objection to the abandonment. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-37,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS -OF -WAY PURPOSES ON HIDALGO STREET BETWEEN CORTEZ ROAD AND BOWMAN ROAD AND BOWMAN ROAD BETWEEN WINDSONG STREET AND HIGHWAY 88,AS DESCRIBED IN STREET ABANDONMENT CASE AB -84-14,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Steelsmith,Councilman Hill, Councilman Shanks,Vice Mayor Eidson,Mayor Clarke Abstained:Councilman Damiano (possible conflict of interest) The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 12 PROPOSED RESOLUTION NO.83-18,AB -83-7, BARBER,KOERNER,HAAS,LAABS,JONES, SIERRA ENTERPRISES INC.,POLEGA ARMSBY AND YEAGER )Mr.Bakkedahl addressed the Council in regard to the application for abandonment of Manzanita Street, Mockingbird Street,and Greasewood Street from North Hilton Road to North Goldfield Road,which is not open or maintained by the City,and the Development Coordinating Committee has no objection to the abandonment. Mr.Bakkedahl stated that the next abandonment is the second phase of this application. Mr.R.T.Haas,1126 N.Goldfield, Apache Junction,questioned the easements being abandoned and wished to have this investigated further prior to abandonment. City Manager Michael McNulty re- commended that the Council postpone this case and the following abandonment case until the next regular meeting. City Attorney Alexander commented that this should be checked into before proceeding. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-18 AND RESOLUTION NO.84-50,BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF SEPTEMBER 18,1984. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. APPROVAL OF ENGINEERING DESIGN COST FOR PROSPECTOR PARK DEVELOPMENT )Superintendent of Community Services Jeff Bell briefed the Council on the proposal that was submitted to the Council,and recommended that $36,400.00 be approved for the engineering work by Carter Associates for the initial development of Prospector Park. Mr.McNulty stated that the costs will be within the $300,000.00 which was approved by the voters. Councilman Steelsmith pointed out that this includes construction staking,not just design. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE ENGINEERING DESIGN COST FOR PROSPECTOR PARK DEVELOPMENT PROVIDED BY CARTER ASSOCIATES,INC.,OF PHOENIX IN THE AMOUNT OF $36,400.00, BE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID FOR CORRUGATED METAL PIPE )Director of Public Works Rich Broman explained that this pipe will be utilized for storm drainage purposes and recommended the bid be awarded to the lowest bid submitted,ARMCO Construction Products,in the total amount of $25,905.60. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 13 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CONTRACT FOR PUBLIC WORKS PROJECT PW-84-30 CORRUGATED METAL PIPE BE AWARDED AS FOLLOWS: TO ARMCO CONSTRUCTION PRODUCTS IN THE AMOUNT OF $25,905.60 BE IT FURTHER RESOLVED THAT AUTHORIZATION BE GIVEN TO THE DIRECTOR OF PUBLIC WORKS,THROUGH THE CITY MANAGER,TO PURCHASE CORRUGATED METAL PIPE IN THE AMOUNTS NEEDED TO COMPLETE THE PROPOSED PROJECTS,AS PREVIOUSLY APPROVED BY THE CITY COUNCIL. Councilman Hill seconded the motion. Mr.McNulty informed the Council that there will be additional sections not covered by this bid. VOTE:Unanimous The motion carried. APPROVAL OF ADDITIONS TO ADMINISTRATIVE BUILDING IMPROVEMENTS) )Mr.McNulty explained that there have been some changes to the improvements to the administrative building, due to lower costs than planned,which would create an additional approx- imate 700 square feet of space,at a cost of $14,000.00. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE ADDITIONS TO THE ADMINISTRATIVE BUILDING IMPROVEMENTS IN THE AMOUNT OF $14,000.00 BE ACCEPTED AS PRESENTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO PLANNING AND ZONING COMMISSION )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE RESIGNATION OF MR.RICHARD ROGERS FROM THE PLANNING AND ZONING COMMISSION BE ACCEPTED WITH REGRET. Councilman Damiano read the following letter: "Dear Mayor,City Council,and Commissioners: Effective this date,I am resigning from the Planning and Zoning Commission. I will be moving out of the City of Apache Junction and,therefore,will not meet the qualifications to sit as a Commissioner. I wish to thank the Commissioners,and the Mayor and City Council for making my term a pleasant one. Sincerely, Richard Rogers" BE IT FURTHER RESOLVED THAT CHUCK HEERMANS,BE APPOINTED TO THE PLANNING AND ZONING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR. RICHARD ROGERS,SAID TERM TO EXPIRE JUNE 30,1986. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 14 Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,SEPTEMBER 17,1984 EXECUTIVE SESSION,WORK SESSION, SEPTEMBER 18,1984 )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A WORK SESSION BE HELD ON SEPTEMBER 17,1984,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON SEPTEMBER 18,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS None. REQUESTS OF COUNCIL None. ADJOURNMENT )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 9:35 P.M. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 18THDAY OF SEPTEMBER ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 15 Kathleen Connelly City Clerk Wendell J.Clark Mayor ATTEST: REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,1984 PAGE 16