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HomeMy WebLinkAbout1985-04-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 16,1985 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on April 16,1985,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 7:00 p.m. INVOCATION Councilman Taylor led the Invocation. PLEDGE OF ALLEGIANCE Councilman Baljo led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Taylor,Councilman Shanks,Councilman Baljo, Councilman Hill,Vice Mayor Eidson,Mayor Clarke Councilman Absent:Councilman Damiano Staff 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 Others Present:Mr.Michael Turner Gannett Outdoor Mr.Chuck Jastremski 5722 E.10th Avenue Apache Junction,Arizona 85220 Mr.Jerry Burgess 349 S.Saguaro Apache Junction,Arizona 85220 Mr.Richard Taylor 616 S.Saguaro Apache Junction,Arizona 85220 Ms Midge Conway 902 S.Ocotillo Drive Apache Junction,Arizona 85220 Mr.Dick Weaver 2151 N.Warner Apache Junction,Arizona 85220 Mr.Gene Sargent 1353 E.Jarvis Avenue Mesa,Arizona Ms Jane Ellen Merryman KC Bar BQ Ms Mari Gardner 1244 S.Pinto Apache Junction,Arizona 85220 Ms Jenny Bennett 422 Rosal Apache Junction,Arizona 85220 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor MOVED THAT THE CONSENT AGENDA BE APPROVED AFTER REMOVING ITEM NO.5 FROM THE CONSENT AGENDA AND PLACING IT UNDER NEW BUSINESS. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. -CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.292,SIGN CODE (With the Emergency Clause) to the public. Mayor Clarke opened the hearing Director of Planning Chuck Newcomer explained that the Sign Code represents nearly twelve months of work by the Zoning Ordinance Rewrite Committee and the Planning and Zoning Commission and prefaced with a video tape of possible impacts by the Sign Code from the City of Scottsdale,and outlined a few of the sign requirements.Mr.Newcomer stated that information was solicited and received from the Chamber of Commerce,sign companies,outdoor advertising companies,Zoning Ordinance Rewrite Committee,general citizenry,and also reflects recommendations by the Planning and Zoning Commission and staff. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the issue. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 2 Mr.Michael Turner,Gannett Outdoor,addressed the Council with opposition to many points of the ordinance. Mr.Chuck Jastremski,5722 E. 10th Avenue,Apache Junction,Chairman of the Zoning Ordinance Rewrite Committee,stated that this was not taken lightly and the Planning and Zoning Commission looked for support from the community and the only responses came from the owners of the sign companies,and that the community feeling was that i f one billboard is allowed more than one must be allowed. Mayor Clarke closed the hearing to the public. Councilman Shanks MOVED THAT ORDINANCE NO.292 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.292,by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.292,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,"BY AMENDING "ARTICLE 21";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO.292,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1, ZONING ORDINANCE,"BY AMENDING "ARTICLE 21";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Councilman Baljo commended the Zoning Ordinance Rewrite Committee and the Planning and Zoning Commission on the new sign ordinance,and that amendments to this ordinance may be proposed in the future i f changes are necessary. Vice Mayor Eidson expressed concern over the eight foot height requirements for signs and stated that there may be problems with this in the future. Councilman Taylor addressed the issue,reiterating that changes can be made as they are necessary. Mayor Clarke recognized State Representative Roy Hudson. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 3 I I I PROPOSED ORDINANCE NO.342, PZ-69-84,JONES AND BURGESS to the public. Mayor Clarke opened the hearing Mr.Newcomer stated that the applicants are requesting rezoning of a 2.5 acre parcel,located on the south side of 12th Avenue between the Solana and Acacia Road alignments in Section 27,from GR General Rural to Trailer Homesite Zone. Mr.Jerry Burgess,349 S. Saguaro,Apache Junction,made himself available to answer any questions from the Council. 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 staff recommends approval of the application with stipulations of dedications of rights -of -way,and that the Planning and Zoning Commission recommends approval with the stipulation that the parcel not be developed into an RV or mobile home park unless otherwise permitted by the City. Mayor Clarke closed the hearing to the public. Councilman Shanks MOVED THAT ORDINANCE NO.342,BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.342 by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.342,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-69-84 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Eidson MOVED THAT ORDINANCE NO.342,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-69-84 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous Councilman Hill seconded the REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 4 The motion carried. PROPOSED ORDINANCE NO.343,PZ-70-84, JONES,BURGESS,SITEK AND SALIDO ) to the public. Mayor Clarke opened the hearing Mr.Newcomer briefed the Council on the request for rezoning of a 5 acre parcel,located on the northeast corner of Royal Palm Road and 4th Avenue in Section 21,from GR General Rural to Trailer Homesite,and stated that there has been one protest filed which was rescinded. Mr.Burgess 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 application. Mr.Richard Taylor,616 S. Saguaro,owner of property to the east of this parcel,expressed concern for the many subdivisions in the area and that he had asked the Planning and Zoning Commission limit lot sizes to 11,000 square feet, which would prohibit anything greater than three units per 1 1/4 acre, and this was not done on the advice of the City Attorney unless done by ordinance amending the code. Mr.Chuck Jastremski addressed the Council with concern that there may be illegal subdivisions devel- oped in instances similar to this. 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 staff and the Planning and Zoning Commission recommended approval with stipulations. Mayor Clarke closed the hearing to the public. Councilman Taylor MOVED THAT ORDINANCE NO.343 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.343 by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.343,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-70-84 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 5 Councilman Shanks MOVED THAT ORDINANCE NO.343,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-70-84 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Eidson asked i f there have been many rezoning applications. Mr.Newcomer stated that there have been 15-20 rezoning applications,most of which are to TH. City Attorney David Alexander explained that i f a stipulation was put on this application,i t would create a precedent and could cause action against the City as i t is inappropriate to make exceptions in one or two particular cases. PROPOSED ORDINANCE NO.349, PZ-1-85,SLOWINSKI )Mayor Clarke opened the hearing to the public. Mr.Newcomer briefed the Council on the application for rezoning of a 1.25 acre parcel,located on the east side of Grand Drive,165 feet south of Windsong Street in Section 18. Mr.Jerry Burgess,owner of the parcel,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 application. Ms Midge Conway,902 S. Ocotillo Drive,Apache Junction,wished to know why there has been no action on the residential rezoning ordinance as i t was completed by the Zoning Ordinance Rewrite Committee nearly a year ago,and i t could have prevented many problems. City Manager McNulty stated that i t has not been presented to the Planning and Zoning Commission as yet. Mr.Newcomer explained that a rough draft was received from the Zoning Ordinance Rewrite Committee and is approximately 50% of an "ordinance"and there is much more to be completed by the staff. Mayor Clarke added that the Zoning Ordinance Rewrite Committee had completed their portion and now i t is up to the staff to complete this to be submitted to the Planning and Zoning Commission. There being no one else wishing to address the rezoning application,Mayor Clarke called upon the Director of Planning for recommendations. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 6 Mr.Newcomer stated that the staff recommends approval with stipulations contained in the ordinance and that the Planning and Zoning Commission also recommends approval. Mayor Clarke closed the hearing to the public. Vice Mayor Eidson MOVED THAT ORDINANCE NO.349 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.349 by title only. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.349,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Shanks MOVED THAT ORDINANCE NO.349,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-85 FROM GR GENERAL RURAL TO TN TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:20 p.m. PROPOSED ORDINANCE NO.372, POLICE PERSONNEL POLICIES (With the Emergency Clause) to the public. )Mayor Clarke opened the hearing Director of Public Safety Bill McDaniel explained that this is a revision of the Police Personnel Policies. 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. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 7 Councilman Taylor MOVED THAT ORDINANCE NO.372,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.372 by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.372,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 3-10 PERSONNEL SYSTEM;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO.372,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 3-10 PERSONNEL SYSTEM;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.375, EQUESTRIAN CROSSING (With the Emergency Clause) to the public. Councilman Hill seconded the )Mayor Clarke opened the hearing Mr.Broman stated that the owners of the Superstition Stables,Mr.and Mrs.Weaver have requested that the City install equestrian crossing signs on Lost Dutchman Road, east of Meridian Drive. Mr.Dick Weaver,2151 N. Warner,Apache Junction,explained that this problem has occurred only since the road has been developed,causing people to drive faster and creating a hazard. Mayor Clarke asked i f there was anyone else wishing to address the Council.There being no one else wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Shanks MOVED THAT ORDINANCE NO.375,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 8 Mayor Clarke called upon the City Clerk to read Ordinance No.375,by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.375,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING EQUESTRIAN CROSSINGS ON LOST DUTCHMAN BOULEVARD,BETWEEN MERIDIAN AND DELAWARE DRIVES;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Shanks MOVED THAT ORDINANCE NO.375,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING EQUESTRIAN CROSSINGS ON LOST DUTCHMAN BOULEVARD,BETWEEN MERIDIAN AND DELAWARE DRIVES; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.377,SPEED LIMITS (With Emergency Clause) to the public. )) Councilman Taylor seconded the Mayor Clarke opened the hearing Mr.Broman explained that in conjunction with the street program,i t is necessary to install speed limits and in order to enforce these this ordinance has been prepared for consideration. 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 ORDINANCE NO.377,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.377 by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.377,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING THE SPEED LIMIT ON LOST DUTCHMAN BOULEVARD BETWEEN MERIDIAN DRIVE AND IDAHO ROAD,TOMAHAWK ROAD BETWEEN SUPERSTITION BOULEVARD AND STATE ROUTE 88,SOUTHERN AVENUE BETWEEN TOMAHAWK ROAD AND CORTEZ ROAD,GOLDFIELD ROAD BETWEEN LOST DUTCHMAN AND U.S.HIGHWAY 60, TEPEE STREET BETWEEN MERIDIAN DRIVE AND IDAHO ROAD,SHIPROCK STREET BETWEEN MERIDIAN DRIVE AND MAIN DRIVE,ROUNDUP STREET BETWEEN MERIDIAN REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 9 DRIVE AND SAN MARCOS DRIVE,SAN MARCOS DRIVE BETWEEN BROADWAY AVENUE AND SOUTHERN AVENUE,TEPEE STREET BETWEEN STATE ROUTE 88 AND GOLDFIELD ROAD,JUNCTION STREET BETWEEN IDAHO ROAD AND GOLDFIELD ROAD,4TH AVENUE BETWEEN WINCHESTER ROAD AND GOLDFIELD ROAD,CORTEZ ROAD BETWEEN SOUTHERN AVENUE AND U.S.HIGHWAY 60,STARR ROAD BETWEEN SUPERSTITION BOULEVARD AND U.S.HIGHWAY 60,HILTON ROAD BETWEEN SUPERSTITION BOULEVARD AND BROADWAY AVENUE;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO.377,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING THE SPEED LIMIT ON LOST DUTCHMAN BOULEVARD BETWEEN MERIDIAN DRIVE AND IDAHO ROAD,TOMAHAWK ROAD BETWEEN SUPERSTITION BOULEVARD AND STATE ROUTE 88,SOUTHERN AVENUE BETWEEN TOMAHAWK ROAD AND CORTEZ ROAD,GOLDFIELD ROAD BETWEEN LOST DUTCHMAN AND U.S.HIGHWAY 60,TEPEE STREET BETWEEN MERIDIAN DRIVE AND IDAHO ROAD,SHIPROCK STREET BETWEEN MERIDIAN DRIVE AND MAIN DRIVE, ROUNDUP STREET BETWEEN MERIDIAN DRIVE AND SAN MARCOS DRIVE,SAN MARCOS DRIVE BETWEEN BROADWAY AVENUE AND SOUTHERN AVENUE,TEPEE STREET BETWEEN STATE ROUTE 88 AND GOLDFIELD ROAD,JUNCTION STREET BETWEEN IDAHO ROAD AND GOLDFIELD ROAD,4TH AVENUE BETWEEN WINCHESTER ROAD AND GOLDFIELD ROAD,CORTEZ ROAD BETWEEN SOUTHERN AVENUE AND U.S.HIGHWAY 60,STARR ROAD BETWEEN SUPERSTITION BOULEVARD AND U.S.HIGHWAY 60,HILTON ROAD BETWEEN SUPERSTITION BOULEVARD AND BROADWAY AVENUE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.378, TRAFFIC CONTROL DEVICES (With the Emergency Clause) to the public. Councilman Taylor seconded the )Mayor Clarke opened the hearing Mr.Broman stated that also due to the street improvement program,additional traffic control devices are necessary and i t was discovered that many existing control devices were not approved by ordinance,so this ordinance includes both. 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 ORDINANCE NO.378,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT 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.378 by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 10 ORDINANCE NO.378,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilman Taylor MOVED THAT ORDINANCE NO.378,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.379,INITIATIVE PETITIONS (With Emergency Clause ) to the public. Vice Mayor Eidson seconded the Mayor Clarke opened the hearing City Clerk Kathleen Connelly stated that there have been different methods of enforcing City regulations regarding initiative petitions and further outlined the requirements and guidelines amendments,including the responsibilities of the City Clerk and the applicant for the petition. Councilman Baljo felt that i t was appropriate for the City to establish a code for filing initiative petitions in addition to State Statutes. 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 Shanks MOVED THAT ORDINANCE NO.379,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.379,by title only with the Emergency Clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.379,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 1 GENERAL,BY ADDING ARTICLE 1-11 INITIATIVE PETITIONS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 11 Councilman Baljo MOVED THAT ORDINANCE NO.379,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 1 GENERAL,BY ADDING ARTICLE 1-11 INITIATIVE PETITIONS; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE,AMERICAN LEGION,POST 27 ) )Mayor Clarke opened the hearing to the public. Mr.Gene Sargent,1353 E. Jarvis Avenue,Mesa,Manager of the American Legion Post 27,requested approval of the application. Mayor Clarke asked i f there were any members of the public who wished to speak in regards to this issue.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Taylor MOVED THAT THE APPLICATION SUBMITTED BY AMERICAN LEGION,POST 27,FOR A SPECIAL EVENT LIQUOR LICENSE,TO BE HELD ON APRIL 21,1985,BE RECOMMENDED TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS RECONSIDERATION OF PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE,KC BAR BQ ) )City Manager McNulty stated that i t was brought to staff attention that changes have been made to this establishment by the new owner,who wishes to address the Council. Ms Jane Ellen Merryman stated that upon purchasing this property and business,changes have been made and in order to benefit from the cost of improving this establishment a liquor license would be necessary. Vice Mayor Eidson explained that the motion was made in denial due to negative attitudes towards police officers at this business in the past. Ms Merryman replied that the intention is to change the clientele and atmosphere of this business. Councilman Taylor asked i f building permits had been checked into with regards to this business. Mr.Broman stated that the applicant was informed that permits would be necessary for some of the proposed improvements. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 12 Vice Mayor Eidson MOVED THAT THE APPLICATION SUBMITTED BY MS JANE ELLEN MERRYMAN,AGENT FOR KC BAR BQ,FOR PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE,BE RECONSIDERED AND RECOMMENDED TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.85-13,AB -85-03 PORTIONS OF OHIO AND CODY STREETS ) )Mayor Clarke reminded the Council and public that this item was pulled from the Consent Agenda to be considered separately. Mr.McNulty stated that this was a request by Councilman Hill to abandon portions of Ohio and Cody Street,which are deadend streets and since they are public rights -of -way they are a continuing problem to the City and recommended that they be abandoned back to the property owners. Mayor Clarke asked i f any members of the public wished to address this issue. Ms Mari Gardner,1244 S.Pinto, Apache Junction,representing the citizens in approval of the abandonment. Councilman Hill MOVED THAT RESOLUTION NO.85-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN RIGHT-OF-WAY ON OHIO STREET FROM THE WESTERLY RIGHT-OF-WAY LINE ON PINYON DRIVE TO THE WEST PROPERTY LINE OF LOT 2 BLOCK 3 AND LOT 1 BLOCK 6,AND ON CODY STREET (CENTURY STREET)FROM THE WESTERLY RIGHT-OF-WAY LINE ON PINYON STREET TO THE WEST PROPERTY LINE OF LOT 2 BLOCK 6 AND LOT 1 BLOCK 7 AS RECORDED IN PUEBLO DEL SOL -A SUBDIVISION OF RECORD IN PINAL COUNTY RECORDERS BOOK 9 PAGE 4 AND AS DESCRIBED IN STREET ABANDONMENT CASE AB -85-03 ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY VACATED AS A PRESENT OR FUTURE RIGHT-OF-WAYS CONDITIONED UPON PROVISIONS FOR UTILITY EASEMENTS,BE APPROVED AND ADOPTED. Councilman Shanks seconded the motion. Councilman Hill stated that these street have caused problems in the past and this abandonment will solve those problems. VOTE:Unanimous The motion carried. REQUEST FOR AMENDMENT TO PLANNED DEVELOPMENT FOR SIERRA ENTRADA )Mr.Newcomer explained that Sierra Entrada Homeowners are requesting this amendment to the Planned Development to permit the 26,400 square foot Tract D to be used for motor home,boat and travel trailer storage. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 13 Jenny Bennet,422 Rosal,Sierra Entrada Subdivision,Apache Junction,expressed her opinion that this proposal would benefit the residents of this development. Vice Mayor Eidson MOVED THAT THE REQUEST FOR AMENDMENT TO THE PLANNED DEVELOPMENT BY SIERRA ENTRADA HOMEOWNERS BE APPROVED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. RESIGNATION FROM AND APPOINTMENT TO PLANNING AND ZONING COMMISSION ) )Councilman Taylor MOVED THAT THE RESIGNATION OF MR.DAN TEPOLT FROM THE PLANNING AND ZONING COMMISSION BE ACCEPTED WITH REGRET; AND THAT AN APPOINTMENT TO THE PLANNING AND ZONING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR.TEPOLT BE POSTPONED UNTIL THE NEXT REGULAR MEETING OF MAY 7,1985. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENTS TO RECREATIONAL VEHICLE REVIEW COMMITTEE )Vice Mayor Eidson MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE RECREATIONAL VEHICLE REVIEW COMMITTEE:JAMES W.HURST,MANAGER. Vice Mayor Eidson stated that a precedent should be set that appointments not be made to a board or commission unless the applicant attend the meeting and introduce themselves to the Council. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID FOR AUDITING SERVICES ) )Mr.McNulty recommended the firm of Alexander &Devoley,P.C.,CPA,as theirs was the lowest bid submitted,for the one year contract with the option to renew for two. Vice Mayor Eidson MOVED THAT THE BID FOR AUDITING SERVICES BE AWARDED TO ALEXANDER &DEVOLEY,IN THE AMOUNT OF $5,500.00. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 14 CONSULTING SERVICES/CITY ENGINEER ) )Mr.McNulty stated that upon reviewing this position,i t is recommended that the City eliminate a full-time City Engineer and go out for bid for the services the City would require. Councilman Shanks MOVED THAT THE CITY MANAGER BE AUTHORIZED TO PROCEED WITH THE STEPS NECESSARY TO SOLICIT AND CONTRACT FOR CONSULTING SERVICES/CITY ENGINEER. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,MAY 6,1985 EXECUTIVE SESSION,WORK SESSION, MAY 7,1985 )Councilman Taylor MOVED THAT A WORK SESSION BE HELD ON MAY 6,1985,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON MAY 7, 1985,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Baljo 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 Baljo MOVED THAT THE MEETING BE ADJOURNED AT 9:15 P.M. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 7TH DAY OF MAY ,1985,BY THE MAYOR AND CITY COUNCIL OF THE CITY ut-APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 15 Wendell J.Clarke Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 16,1985 PAGE 16