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HomeMy WebLinkAbout1984-10-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 16,1984 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on October 16,1984,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 7:02 p.m. INVOCATION Father Maloney led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Taylor,Councilman Damiano,Councilman Hill,Vice Mayor Eidson,Mayor Clarke Councilman Absent:Councilman Shanks (ill) Staff Present: Others Present: City Manager Michael J.McNulty City Clerk Kathleen Connelly Controller Keith Lewis Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph City Attorney David Alexander Deputy City Clerk Lori Clark Associate Planner Jim Nakagawa Superintendent of Community Services,Jeff Bell Mr.A.R.Sullivan 435 N.Saguaro Apache Junction,Arizona 85220 Ms Jean Perkins 616 N.Cactus Apache Junction,Arizona 85220 Ms lone Chovanec 1890 W.Canyon Apache Junction,Arizona 85220 Attorney Marty Jones 2333 N.Central Phoenix,Arizona Ms Elva Davies 181 N.Winchester Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA )Councilman Hill 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.303,PZ-40-84,APPLICATION BY DAVID AND LAURETTA DRUCKMAN THROUGH MIKE KOVACS TO REZONE A 3.4 ACRE PARCEL,LOCATED ON SOUTHWEST SIDE OF HIGHWAY 60,ABOUT 600 FEET WEST OF CORTEZ ROAD IN SECTION 27,FROM TRAILER HOMESITE (TH)TO CB -2 GENERAL BUSINESS ZONE;B:PROPOSED ORDINANCE NO.305,PZ-42-84,APPLICATION BY RONALD AND ANNA MAY WILLIAMS THROUGH KEITH STACHAR TO REZONE A 57,000 SQUARE FOOT PARCEL, LOCATED AT SOUTHEAST CORNER OF SCENIC STREET AND CACTUS ROAD IN SECTION 21,FROM CR-5 MULTIPLE RESIDENCE TO TRAILER HOMESITE ZONE (TH);AND C: ACCEPTANCE OF MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 18,1984, ARE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:In Favor:Councilman Hill,Councilman Taylor, Councilman Damiano,Vice Mayor Eidson Abstained:Mayor Clarke (did not attend 9/18/84 meeting) The motion carried. Introduction of Distinguished Guests and Visitors Mayor Clarke recognized Mrs.Clarke as being present. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented a Certificate of Appreciation to Mr.John Lappen for his many contributions to the growth of Apache Junction. Mayor Clarke presented a plaque to Superintendent of Community Services,Jeff Bell,for the "Young Professional of the Year"awarded by the Arizona Parks and Recreation Association. CITY MANAGER'S REPORT City Manager Michael J.McNulty reported that the street con- struction is on schedule,that the library is being designed and the City Hall Complex is under construction. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 2 PUBLIC BEARINGS PROPOSED ORDINANCE NO.308,PZ-44-84, GOLTER (First Reading) to the public. Mayor Clarke opened the hearing Director of Planning Chuck Newcomer briefed the Council on the request for rezoning from GR General Rural to Trailer Homesite Zone (TH)of a 5 acre parcel,which is located on the northwest corner of the intersection of West Roundup Street and North Delaware Drive in Section 18 and is presently un- developed in a residential,medium/high density opportunity area. Mr.A.R.Sullivan,435 N. Saguaro,Apache Junction,representing the applicant addressed the item and requested approval of the application. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition of the rezoning. Ms Jean Perkins,616 N.Cactus, Apache Junction,asked i f this was a proposed trailer park. proposed use was not a trailer park. Mayor Clarke replied that the 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 staff has no objections to the rezoning and the Planning and Zoning Commission recommends approval of the application with stipulations. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.308, by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.308,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-44-84 1 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.309,PZ-45-84, SOWASH,HIGGINS,KIM,MORKUNAS (First Reading) to the public. Mayor Clarke opened the hearing Mr.Newcomer addressed the application for rezoning from GR General Rural to Trailer Homesite Zone (TH)of a.5 acre parcel,located on the northwest corner of the inter- section of North Delaware Drive and West Shiprock Street in Section 18, which is presently undeveloped in a residential medium/high density area. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 3 Ms lone Chovanec,1890 W. Canyon,Apache Junction,representing the applicants,addressed the Council,requesting approval of the application and explained that the applicants wish to divide each of the four parcels into three parcels. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the request. 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 staff has no objection to the rezoning and the Planning and Zoning Commission recommends approval with stipulations. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.309, by title only for the first reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.309,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHEJUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION ARIZONA,ZONING ORDINANCE'BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-45 84 FROWGR GENERAL RURAL TO TRAILER,:HOMESITE ZONE (TN);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.310,PZ-46-84, NIELSON AND LUNT (First Reading)) to the public. Mayor Clarke opened the hearing Mr.Newcomer briefed the Council on the application for rezoning from Gr General Rural to CB -2 General Business Zone of a 182,000 square foot parcel located 200'feet north of West Apache Trail,and 400'feet west of North Delaware Drive in Section 19,which is presently undeveloped in a general commercial designated area. 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 staff has no objections to the rezoning and the Planning and Zoning Commission recommends approval with stipulations. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.310, by title only for the first reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.310,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 CLASSIFICATION IN REZONING CASE PZ-46-84 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.316,PZ-50-84, SELTZER (First Reading) to the public. Mayor Clarke opened the hearing REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 ' PAGE 4 Mr.Newcomer briefed the Council on the proposed rezoning from CR-1 Single Residence Zone to CR-4/PD Multiple Residence by Planned Development of approximately 9 acres,located at the northwest corner of East 16th Avenue and South Winchester Road in Section 28. Attorney Marty Jones,2333 N. Central,Phoenix,representing the applicant,made a presentation out- lining the proposed project,which is a 63 unit townhome subdivision. Vice Mayor Eidson asked i f there were objections from surrounding property owners. Mr.Jones stated that there were none. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition of 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 with stipulations and the Planning staff also recommends approval. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.316, by title only for the first reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.316,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-50-84 FROM CR-1 SINGLE RESIDENCE TO CR-4/PD MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.317,PZ-51-84, CRYE (First Reading) to the public. Mayor Clarke opened the hearing Mr.Newcomer briefed the Council on the rezoning from GR General Rural to CB -2 General Business Zone of a 1 1 /4 acre parcel,located at the southwest corner of East 5th Avenue and Royal Palm Road,approximately 300'north of U.S.60 in Section 21. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the request. 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 staff has no objections to the rezoning and the Planning and Zoning Commission recommends approval with stipulations. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.317 by title only,for the first reading. City Clerk Kathleen Connelly, read as follows: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 5 ORDINANCE NO.317,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-51-84 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. City Manager McNulty suggested that should the Council wish to include recommendations and amendments in the ordinance,the Council should approved those amendments at this time. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE FOLLOWING AMENDMENTS BE MADE TO ORDINANCE NO.317: 1.THAT THE NORTH SIDE OF THE SUBJECT PROPERTY SHALL BE FENCED WITH PROPER SCREENING FROM THE RESIDENTIAL AREA TO THE NORTH. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.307,AMENDING CHAPTER 8 OF THE CITY CODE (LIQUOR LICENSES)(First Reading with the Emergency Clause) to the public. )) Councilman Hill seconded the Mayor Clarke opened the hearing City Clerk Kathleen Connelly addressed the item,explaining that this ordinance was originally presented to the Council in August of 1984 and proposes to amend the section of the City Code pertaining to Liquor Licenses:1.A $50 non-refundable application fee paid to the City;2.Changing the re- newal fee from $35 to $35 plus 25%of the initial fee. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the issue. There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.307,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.307,by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 6 ORDINANCE NO.307,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 8 BUSINESS, ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-4 SCHEDULE, PERTAINING TO DEALERS IN ALCOHOLIC BEVERAGES;REPEALING ANY CUNTETTMG PROVISIONS;AND DECLARING AN EMERGENCY. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.307,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 8 BUSINESS,ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX SECTION 8-5-4 SCHEDULE,PERTAINING TO DEALERS IN ALCOHOLIC BEVERAGES;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.325,AMENDING CHAPTER 8 OF CITY CODE (APPLICATION OF SALES TAX TO ADVERTISING)(First Reading with Emergency Clause) to the public. Councilman Hill seconded the Mayor Clarke opened the hearing Ms Connelly explained that this ordinance amending Chapter 8 of the City Code by adding specific definitions pertaining to advertising and defining what forms of advertising are required to pay sales tax,such as magazines and bill- boards. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the issue. There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.325,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.325,by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.325,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 8-3 TRANSACTION PRIVILEGE TAX,SECTION 8-3-1 DEFINITIONS AND SECTION 8-3-3 IMPOSITION OF TAX -TAX SCHEDULE,AND BY ADDING SECTION 8-3-9 ASSIGNMENT OF COLLECTIONS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 7 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.325,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 8 BUSINESS,ARTICLE 8-3 TRANSACTION PRIVILEGE TAX,SECTION 8-3-1 DEFINITIONS AND SECTION 8-3-3 IMPOSITION OF TAX -TAX SCHEDULE,AND BY ADDING SECTION 8-3-9 ASSIGNMENT OF COLLECTIONS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SMALL GAME BINGO LICENSE,SUNRISE R.V.RESORT )Mayor Clarke opened the hearing to the public. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the appli- cation.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Damian()asked i f the Fire Department findings had been corrected. Director of Public Safety Bill McDaniel replied that they had been corrected. Councilman Damiano MOVED THAT BE IT RESOLVED:BY THE MAYOR AND CITY COUNCIL OF;THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE APPLICATION_FORA SMALLGAME'BINGO LICENSE, SUBMITTED BY SUNRISE R.V.RESORT BE RECOMMENDED TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO LICENSING: AUTHORITY FOR APPROVAL. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 7 LIQUOR LICENSE,JR'S PIZZA Mayor Clarke opened the hearing to the public. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the appli- cation.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE APPLICATION FOR A SERIES 7 LIQUOR LICENSE, SUBMITTED BY ERNEST L.RUBENDALL AGENT FOR JR'S PIZZA,BE AND HEREBY IS RECOMMENDED TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilman Hill seconded the motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 8 VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting at 8:04 p.m. Mayor Clarke reconvened the meeting. OLD BUSINESS PROPOSED ORDINANCE NO.217,PZ-30-83, HAMBLIN (Postponed Item) )Mr.Newcomer briefed the Council on the application for rezoning from CR-3 Single Residence to CR-5/PD for Parcel No.1 and to CR-5 for Parcel No.2. Councilman Taylor commented that she appreciated this type of development proposal. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.217,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAVIED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.217,by title only for the second reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.217,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-30-83 FROM CR-3 SINGLE RESIDENCE ZONE TO CR-5/PD MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT;AND FROM CR-3 SINGLE RESIDENCE TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.217,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-30-83 FROM CR-3 SINGLE RESIDENCE TO CR-5/PD MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT IS APPROVED;AND FROM CR-3 SINGLE RESIDENCE TO CR-5 MULTIPLE RESIDENCE ZONE IS DENIED;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF'THE CITY COUNCIL OCTOBER 16,1984 PAGE 9 PROPOSED ORDINANCE NO.288,PZ-29-84, DAMIANO (Postponed Item) )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.288,BE READ BY TITLE ONLY 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.288,by title only for the second 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 TO CB -2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT 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 TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Hill, Vice Mayor Eidson,Mayor Clarke Abstained:Councilman Damiano (possible conflict of interest) The motion carried. PROPOSED ORDINANCE NO.289,PZ-31-84, DUNRITE ASPHALT,INC. (Postponed Item)(Second Reading)) )Mayor Clarke stated that this item requires a three-quarter vote and as there are only five councilmembers present,a motion should be made for postponment. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCCTION,ARIZONA,THAT ORDINANCE NO.289 BE POSTPONED UNTIL THE NOVEMBER 6,1984,COUNCIL MEETING. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 10 PROPOSED ORDINANCE NO.304,PZ-41-84, CHRISTENSEN AND WILLIAMS )Mayor Clarke stated that this item requires a three-quarter vote and must be postponed. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.304,BE POSTPONED UNTIL THE REGULAR MEETING OF NOVEMBER 6,1984. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION TO PROCEED WITH CONSTRUCTION,SUPERSTITION VIEW MOBILE HOME SUBDIVISION )City Manager McNulty explained that this subdivision brought protests from the community due to street problems and i t was delayed,and that the applicant Mr.Pelfrey has obtained agreements from the protesters by providing adequate access to the subdivision. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE CONTINUED PROCESSING OF THE PLANS FOR DEVELOPMENT OF SUPERSTITION VIEW MOBILE HOME SUBDIVISION BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. FINAL PLAT APPROVAL FOR PUEBLO R.V.RESORT )Director of Public Works Rich Broman explained that the Pueblo development,located between Idaho and Winchester has been reviewed and found to be in compliance for final approval. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE FINAL PLAT FOR PUEBLO R.V.RESORT BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT TO SUBDIVISION COMMITTEE AND/OR ANNEXATION COMMITTEE )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT JACK LEE BE APPOINTED TO THE ANNEXATION COMMITTEE AND SUBDIVISION COMMITTEE. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 11 1 motion. VOTE:Unanimous The motion carried. NEW BUSINESS ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO LIBRARY BOARD following letter: "Kathy Connelly: )) Councilman Damiano seconded the Councilman Damiano read the I have taken a full-time position as Volunteer Coordinator with Vista, and find that I will no longer be able to fulfill my duties as a member of the Library Board of Trustees. I therefore tender my resignation,as of this date. Margaret F.Hammer" Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE RESIGNATION OF MARGARET HAMMER FROM THE LIBRARY BOARD,BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT RUBY FORSBERG BE APPOINTED TO THE LIBRARY BOARD TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MARGARET HAMMER,SAID TERM TO EXPIRE JUNE 30,1985. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSAL FOR TOWN HALL PUBLIC FORUM ) )Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THIS PROPOSAL BE TABLED. Damiano seconded the motion. VOTE:Unanimous The motion carried. RECOGNITION OF AND APPOINTMENT TO EAST VALLEY BEHAVIORAL TASK FORCE AND HEALTH ENTITY )Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,AIRZONA,THAT THE APPOINTMENT BE POSTPONED UNTIL THE REGULAR MEETING OF NOVEMBER 6,1984. motion. VOTE:Unanimous The motion carried. Councilman Hill seconded the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 12 3.Nominations cannot be closed i f someone still wants to make a nomination. 4.First person nominated is voted upon first. 5.Procedures regarding moninations should be adopted before any nominations are accepted. Mt Connelly further stated that the Council has the option of setting additional rules. Councilman Damiano MOVED THAT BE IT !RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE PROCEDURES FROM ROBERT'S RULES OF ORDER ! READ -BY THE CITY CLERK BE ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO CITY COUNCIL )Councilman Damiano read the following letter of resignation: "Honorable Mayor and Councllmembers Please accept my resignation from the effective October 2,1984. Personal and business committments do to city business. Apache Junction City Council, not allow me to devote the time I t has been a pleasure serving with all of you. Thank yowfor your consideration. Sincerely, Hank Steelsmith" Councilman Damiano MOVED THAT BE IT RESOLVED!BY THE MAYOR AND CITY COUNCIL OF THE!CITY OF,APACHE JUNCTION!,ARIZONA,THAT THE RESIGNATION OF:HANK .STEELSMITH FROM THE !CITY COUNCIL,BE AND lHEREBY IS ACCEPTED WITH REGRET. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke nominated Mr.George Baljo for Council. Councilman Hill nominated Ms Midge Conway for Council. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT NOMINATIONS BE CLOSED. Councilman Taylor seconded the motion. REGULAR MEETING OF THE! CITY COUNCIL OCTOBER 16, 1984 PAGE 14 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE CITY MANAGER IS AUTHORIZED TO NOTIFY THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS THAT THE CITY OF APACHE JUNCTION WILL REMAIN WITHIN THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS CATCHMENT AREA FOR BEHAVIORAL HEALTH. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REQUEST FOR EXTENSION,ARTICLE 9,2 OF THE CITY CODE )City Clerk Kathleen Connelly explained that .Mrs.Rose Thompson has requested amadditional 30 days to bring her property into compliance with -city code regulations. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT A TIME EXTENSION TO COMPLY WITH ARTICLE 9-2 OF THE CITY CODE OF 30 DAYS BE GRANTED TO MRS.ROSE THOMPSON,TO EXPIRE 30 DAYS FROM OCTOBER 16,1984. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION TO ACCELERATE HIRING OF ENGINEERING AIDE AND POLICE OFFICER ) )Mr.McNulty stated that the budget provides for the position of Engineering Technician and Police Officer to be hired in January,but due to workloads in both depart- ments i t is requested that authorization be given to fi ll these positions as soon as possible. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE CITY MANAGER BE AUTHORIZED TO ACCELERATE THE HIRING OF AN ENGINEERING AIDE AND POLICE OFFICER. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. ADOPTION OF PROCEDURES FOR FILLING COUNCIL VACANCIES )Ms Connelly addressed the item, stating that the Council has previously adopted Robert's Rules of Order,with certain procedures for accepting nominations for Council and nominations in general,and quoted the following: 1.No second is required. 2.2/3 vote required to close nomination. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 13 VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly gave a Roll Call Vote on the nomination for George Baljo. VOTE:In Favor:Councilman Taylor,Councilman Damiano, Vice Mayor Eidson,Mayor Clarke Opposed:Councilman Hill The motion carried. City Clerk Kathleen Connelly gave a Roll Call Vote on the nomination for Midge Conway. VOTE:In Favor:Councilman Hill Opposed:Councilman Damiano,Councilman Taylor, Vice Mayor Eidson,Mayor Clarke The motion failed. Councilman Taylor MOVED THAT BE IT FURTHER RESOLVED THAT GEORGE BALJO BE APPOINTED TO THE CITY COUNCIL, EFFECTIVE IMMEDIATELY,TERM TO EXPIRE MAY,1987. Mayor Clarke seconded the motion. VOTE:In Favor:Councilman Damiano,Councilman Taylor Vice Mayor Eidson,Mayor Clarke Opposed:Councilman Hill The motion carried. SPECIAL MEETING,OCTOBER 24,1984 ) )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT A SPECIAL MEETING BE HELD ON OCTOBER 24,1984, AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,NOVEMBER 5,1984 EXECUTIVE SESSION,WORK SESSION, NOVEMBER 6,1984 )Councilman Damiano 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 NOVEMBER 5,1984,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 NOVEMBER 6,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Taylor seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 15 The motion carried. CALL TO THE PUBLIC Ms Elva Davies,181 N.Winchester,Apache Junction,former chairman of Reach Out Food Bank,thanked the Council for the assistance of funds,and as a member of the Zoning Ordinance Rewrite Committee wished work on the Sign Ordinance and the Planned Development Ordinance to proceed more rapidly. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL None. ADJOURNMENT )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:59 P.M. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 6TH DAY OF NOVEMBER ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Clar Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16,1984 PAGE 16