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HomeMy WebLinkAbout1985-11-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 19,1985 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 19,1985,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:02 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Cub Scout Pack 580 led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Baljo,Councilman Jimenez Councilwoman Taylor,Councilwoman Gardner,Vice Mayor Bakkedahl, Mayor Hill Councilman Absent:Councilman Eidson Staff Present: Others Present: City Manager Michael J.McNulty City Clerk Kathleen Connelly Deputy City Clerk Lori Clark Controller Keith Lewis City Attorney David Alexander Representing Director of Public Safety,Lieutenant Reed Cox Director of Planning Chuck Newcomer Associate Planner Jim Nakagawa Director of Public Works Rich Broman Economic Development Specialist John Schoeph Ms Barbara Gordon 2287 Broadway Apache Junction,AZ 85220 Ms Sandy Smith,President Chamber of Commerce Mr.Keith Stachar 6301 E.Roundup Apache Junction,AZ 85220 Mr.Ray Hooker 565 W.16th Avenue Apache Junction,AZ 85220 Ms Midge Conway 902 S.Ocotillo Dr. Apache Junction,AZ 85220 Mr.John Granillo,Jr. 400 W.23rd Avenue Apache Junction,AZ 85220 Mr.Roy Hudson 2884 W.9th Avenue Apache Junction,AZ 85220 Mr.Ray Barton,President Mobar Investments,Inc. 2058 E.LaGuna Tempe,AZ Ms Claudia Don Scott N 4928 E.Rawhide Apache Junction,AZ 85220 Ms Cora Blatterspiel 760 E.Mesquite Avenue Apache Junction,AZ 85220 Mr.Jerry Michaels 715 E.Linda Apache Junction,AZ 85220 ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1 AND 2 BE ACCEPTED AS PRESENTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill recognized Chamber of Commerce Chairman,Sandy Smith and State Representative Roy Hudson. AWARDS,PRESENTATIONS AND COMMUNICATIONS Lieutenant Reed Cox,Chairman of the Committee for the Cub Scouts, introduced Cub Scout Pack 580,acquainted the Council with many of their activities and explained that attending this meeting will assist the Scouts i n earning their Citizenship Merit badges. Ms Barbara Gordon,2287 Broadway,Apache Junction,introduced herself as an applicant for the vacancy on the Library Board and answered questions from the Council regarding her application. CITY MANAGER'S REPORT City Manager Michael J.McNulty showed a video tape on the progress of the Library and the Prospector Park. Chamber of Commerce Chairman,Sandy Smith,presented a video tape which took fourth place,consisting of a trophy and $350,at the Arizona State Fair. Mr.McNulty presented the City's annual audit,which concluded that the auditors had no criticisms of the operations of the City. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 2 OF 16 PUBLIC HEARINGS PROPOSED ORDINANCE NOS.400,449,AND 450,PZ-36-85,LAND SPLITS public. Mayor Hill opened the hearing to the Director of Planning Chuck Newcomer, briefed the Council on the three alternatives addressing a land split regulation process and outlined the objectives. Associate Planner Jim Nakagawa explained each of the three alternative draft ordinances and the differences. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the proposal. Mr.Keith Stachar,6301 E.Roundup, Apache Junction,addressed the Council with many concerns of the effects of this ordinance to development i n Apache Junction. Mr.Ray Hooker,565 W.16th Avenue #3,Apache Junction,expressed opposition to various aspects of the proposed ordinance,and that the restrictions addressed i n this ordinance are already covered by Pinal County requirements and procedures prior to obtaining a building permit. Ms Midge Conway,902 S.Ocotillo Drive,Apache Junction,a member of the Planning and Zoning Commission, requested that staff read the Commission recommendation i n it's entirety, and suggested that a sample map be given to the applicants for completion. Mr.John Granillo,Jr.,400 W.23rd Avenue,Apache Junction,addressed the Council i n opposition to the land split ordinance,and asked how i t would be possible to enforce this. Mayor Hill asked i f there was anyone else who wished to speak on this item.There being no one else wishing t o address the Council,Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO.400 OR 449 OR 450,BE POSTPONED FOR FURTHER CONSIDERATION AND STUDY WITH NO DEFINITE DATE TO BE BROUGHT BACK TO THE COUNCIL. City Attorney David Alexander advised that i f a definite date i s not indicated the proposal will be terminated. Councilwoman Taylor seconded the motion. Councilman Baljo commented that this ordinance would unfavorably effect the landowners of Apache Junction. Councilman Jimenez explained that about three months ago this proposal was begun and that there have been many meetings on this issue,this ordinance being necessary to curtail illegal subdivisions.Councilman Jimenez stated that the real estate industry has been successful i n terminating this proposal and further,that this ordinance i s viable and fair and should be implemented at this time,not postponed. Councilwoman Taylor asked how many illegal lot splits are presently existing. Mr.Newcomer replied that there are none and any i n the past have been caught at building permit stages. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 3 OF 16 Vice Mayor Bakkedahl stated that there should be a land split ordinance,but that the proposed ordinance i s too extensive. Vice Mayor Bakkedahl asked the Director of Planning which draft of the ordinance was the most feasible. Mr.Newcomer replied that Draft No.7,because i t does not require,i n all cases,preparation by a registered land surveyor. I n Favor:Councilwoman Taylor,Councilman Baljo Opposed:Councilman Jimenez,Councilwoman Gardner,Vice Mayor Bakkedahl, Mayor Hill The motion failed. Councilman Jimenez MOVED THAT ORDINANCE NO.450,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED,WITH THE ORDINANCE AMENDED TO ELIMINATE REFERENCES TO THE SUBDIVISION COMMITTEE. Councilwoman Gardner seconded the motion. VOTE:I n Favor:Councilman Jimenez,Councilwoman Gardner,Councilman Baljo Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilwoman Taylor Since this vote was not unanimous,i t i s the entire ordinance. Ordinance No.450 i n it's entirety. required that the City Clerk read City Clerk Kathleen Connelly read Councilman Jimenez MOVED THAT ORDINANCE NO.450,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:WITH THE ELIMINATION OF REFERENCES TO THE SUBDIVISION COMMITTEE. Councilwoman Gardner seconded the motion. Councilwoman Taylor stated that the purpose of reading the entire ordinance was to make the point that the ordinance i s very well prepared and complete,but that to implement this ordinance would eliminate growth i n the community. Vice Mayor Bakkedahl amended the motion to delete Section 3-05-03 as not necessary,and Section 3.05.04 as not necessary,Section 3.07.03 needs revisions,Section 3.07.04,No.12 (deleted),No.13 (needs revision),No.17 (delete),No.19 (reduction of Planning Director),No.21 (greatly reduced),Section 3.07.07 (question on County Health Department requirement),Section 3.07.08 (Subdivision Committee),Section 3.07.11 (reduced). Councilwoman Gardner seconded the motion. Councilman Jimenez asked i f these amendments affect the enforcement of the ordinance. Mr.Roy Hudson addressed the Council stating that with these amendments,this becomes a different ordinance, which should require a public hearing for public comment. Vice Mayor Bakkedahl withdrew the amendments to the motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 4 OF 16 Councilwoman Gardner withdrew the second to the amendments to the motion. Councilman Baljo amended the motion as follows:Section 3.02.01 Land Splits "the division of improved or unimproved land which area i s 2 1/2 acres or less into two or three tracts of parcels of land for the purpose of sale or lease"be deleted;Section 3.05.01 "The regulation contained i n this ordinance shall apply to all divisions of land created for sale or lease within the corporate limits of Apache Junction,Arizona,defined by this ordinance to be a land split"be deleted;Section 3.05.02 "It shall be unlawful for any person,partnership or legal entity to sell or lease any parcel that i s subject to the re- quirements of this ordinance until an improved land split map complying with the provisions of this ordinance has been recorded i n the recorders office of the County herein or i n the platted area lies"be deleted;Section 3.05.05.03 "The division of any property into 2 or more parcel i f a new street i s involved,shall proceed through the subdivision process"be deleted;Section 3.05.06 "The creation of two (2),or three (3)units, having a right of exclusive occupancy coupled with an undivided interest i n the land such as i n a condominium,horizontal property regime,or similar project shall proceed through the land split map process"be deleted; Section 3.06."Sections 6.12,6.13,and 6.14 shall apply"be deleted; Section 3.07.03 Application Requirements delete the entire section. Councilwoman Taylor seconded the motion. City Attorney Alexander stated that the amendments are deleting items from the entire ordinance as i t was discussed publicly,and i f the Council wishes further public discussion they may do so,but there i s no necessity since there i s no new subject matter. Councilman Baljo MOVED THAT THE HEARING BE REOPENED TO THE PUBLIC. Councilman Jimenez seconded the motion. VOTE:Unanimous The motion carried. Mr.Roy Hudson,2884 W.9th Avenue, Apache Junction,addressed the Council i n opposition to the ordinance, stating that this proposal i s unconstitutional. Councilman Jimenez stated that as an elected official,to say that this ordinance i s unconstitutional i s inappropriate,since the attorneys and staff have done a lot of work to prepare this ordinance and they would not violate anyone's rights. Mr.Hudson responded that this i s his opinion. Mr.Granillo further addressed the Council opposing the ordinance. Ms Conway gave the Planning and Zoning Commission recommendation of denial of the ordinance,and stated that the Council should listen to the Commission. public. PUBLIC HEARING BE REOPENED. motion. Mayor Hill closed the hearing to the Vice Mayor Bakkedahl MOVED THAT THE Councilman Jimenez seconded the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 5 OF 16 VOTE:Unanimous The motion carried. Mr.Stachar addressed the Council, again opposing the ordinance. There being no one else wishing to speak,Mayor Hill closed the hearing to the public. VOTE (On amendments to the motion): I n Favor:Councilman Baljo,Councilwoman Taylor Opposed:Councilwoman Gardner,Councilman Jimenez, Vice Mayor Bakkedahl,Mayor Hill The amendments to the motion failed. Councilman Baljo MOVED TO AMEND THE ORDINANCE AS PREVIOUSLY READ BY VICE MAYOR BAKKEDAHL. Vice Mayor Bakkedahl seconded the motion. Councilwoman Taylor stated that the items read by Vice Mayor Bakkedahl previously had been too vague for an enforceable motion. Councilman Baljo MOVED TO AMEND THE AMENDMENT TO THE MOTION,THAT ALL SECTIONS AS READ BY VICE MAYOR BAKKEDAHL, BE DELETED. Councilwoman Taylor seconded the amendment to the amendment to the motion. Vice Mayor Bakkedahl stated that this should be studied for at least two weeks before taking action. All motions,amendments and seconds were withdrawn. Councilman Jimenez MOVED THAT ORDINANCE NO.400 OR 449 OR 450 BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF DECEMBER 3,1985. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting at 9:52 p.m. Councilman Baljo MOVED THAT THE MEETING BE CONTINUED UNTIL ALL BUSINESS IS COMPLETED. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 6 OF 16 Mayor Hill requested that Item No.12 be considered at this time. CORRECTION TO PREVIOUSLY ADOPTED COUNCIL ACTION ) )Councilman Jimenez explained that the action taken at the previous Council meeting regarding the 10 acres of BLM land,requires some modification and correction. Councilman Jimenez MOVED THAT THE COUNCIL MOTION OF NOVEMBER 5TH BE CORRECTED AND THAT THE NEW MOTION READ AS FOLLOWS: THAT THE REQUEST FROM THE APACHE JUNCTION AREA COMMUNITY FOUNDATION FOR THE SUBLEASE OF 10 ACRES OF BLM LAND FOR THE DEVELOPMENT OF A HUMAN SERVICES COMPLEX BE APPROVED. Councilwoman Gardner seconded the motion. Councilman Baljo stated that the objections he expressed at the November 5th Council meeting i n regards to this matter,still apply. VOTE:I n Favor:Councilman Jimenez,Councilwoman Gardner, Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Baljo,Councilwoman Taylor The motion carried. PROPOSED ORDINANCE NO.443, PZ-62-85,OPEN SPACE ) )Mayor Hill opened the hearing to the public. Mr.Newcomer explained that this i s a proposed amendment to the Apache Junction Zoning Ordinance,dealing with Planned Development,amending the current requirement that all Planned Developments contain 20%open space,and this amendment would allow the Planning and Zoning Commission and the City Council flexibility to increase or decrease that requirement. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the proposal.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.443,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.443,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING SECTION 19.0106 DEVELOPMENT STANDARDS,PARAGRAPH 3 USABLE OPEN AREA;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 7 OF 16 Councilwoman Gardner MOVED THAT ORDINANCE NO.443,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. Councilman Jimenez expressed his opinion that this ordinance would cause political decisions to accomodate individual developers and would,in effect,cause the City to not have an open space requirement. Councilman Baljo and Councilwoman Taylor expressed their feeling that this will result in being flexible. VOTE:In Favor:Councilman Baljo,Councilwoman Taylor, Councilwoman Gardner,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Jimenez The motion carried. PROPOSED ORDINANCE NO.444, PZ-63-85,MOBAR INVESTMENTS,INC. public. ) )Mayor Hill opened the hearing to the Mr.Newcomer briefed the Council on the request for rezoning of 6 1/2 combined lots of 5.5 acres from GR General Rural to C-2 Local Commercial District. Mr.Ray Barton,2058 E.LaGuna, Tempe,President of Mobar Investments,Inc.,requested approval of the rezoning,and stated that development plans may be a retail,speciality plaza. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill called upon the Director of Planning for recommendations. Mr.Newcomer stated that staff recommendations approval with stipulations and that the Planning and Zoning Commission unanimously recommends approval,also with stipulations. Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.444,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.444,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-63-85 FROM GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 8 OF 16 Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.444,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.445,PZ-64-85 PELLEGRINE AND LAWIEN ) ) public. Councilman Baljo seconded the Mayor Hill opened the hearing to the Mr.Newcomer briefed the Council on the request for rezoning of 2 parcels from TH Trailer Homesite to CR-3 MH/PD Single Family Residence by Planned Development. Mr.William Pelfrey,representing the applicants,explained that the purpose for the rezoning i s to develop a mobile home subdivision,and requested approval of the application. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill called upon the Director of Planning for recommendations. Mr.Newcomer stated that staff and Planning and Zoning Commission recommend approval with stipulations,and both feel that this rezoning will allow a much more desireable project than the existing Trailer Homesite zoning. Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.445,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.445,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-64-85 FROM TH TRAILER HOMESITE ZONE TO CR-3 MH/PD SINGLE FAMILY RESIDENCE BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner MOVED THAT ORDINANCE NO.445 AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 9 OF 16 PROPOSED ORDINANCE NO.448, AMENDING CHAPTER 3 OF CITY CODE Mayor Hill opened the hearing to the public. Councilwoman Gardner explained that this proposed ordinance amends Chapter 3 of the City Code,by providing that i n the absence of the City Manager,the City Clerk would become Acting City Manager,rather than the Director of Public Safety or the Director of Public Works.Councilwoman Gardner also stated that i n the instance of the prolonged absence of the City Manager,the Council may appoint any person as Acting City Manager. Councilwoman Taylor stated that there didn't seem to be a problem with the existing chain of command. Councilman Jimenez replied that this change results from the City Clerk being appointed Administrative Assistant to the City Manager,and also permits the City Manager to appoint anyone as Acting City Manager should the City Clerk be absent. Mayor Hill closed the hearing to the public. Councilman Jimenez MOVED THAT ORDINANCE NO.448,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Gardner seconded the motion. VOTE:I n Favor:Councilman Baljo,Councilwoman Gardner Councilman Jimenez,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilwoman Taylor The motion carried. City Clerk Kathleen Connelly read Ordinance No.448 i n it's entirety. Councilman Jimenez MOVED THAT ORDINANCE NO.448,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:I n Favor:Councilman Baljo,Councilwoman Gardner, Councilman Jimenez,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilwoman Taylor The motion carried. APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE, GEORGE'S STEAK HOUSE )Ms Connelly informed the Council that due to the possible sale of George's Steak House,the present owner requests that recommendation for the Person Transfer of a Series 6 Liquor License be postponed until the Regular Meeting of December 17,1985. Councilman Baljo MOVED THAT THE RECOMMENDATION FOR THE APPLICATION FOR PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MR.JERRY E.BURGESS AGENT FOR GEORGE'S STEAK HOUSE, BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF DECEMBER 17,1985. Councilwoman Taylor seconded the motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 10 OF 16 VOTE:Unanimous The motion carried. Councilwoman Taylor asked why this applicant was exempt from bonding. Ms Connelly explained that Series 6 Liquor Licenses are not required by the State to be bonded. APPLICATION FOR SERIES 7 LIQUOR LICENSE,KOVACS KORNER )Mayor Hill opened the hearing to the public. Ms Claudia Don Scott,4928 E. Rawhide,Apache Junction,requested a recommendation of approval for the application. Mayor Hill 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 Hill closed the hearing to the public. Councilwoman Taylor MOVED THAT THE APPLICATION FOR A SERIES 7 LIQUOR LICENSE,SUBMITTED BY MS CLAUDIA DON SCOTT AGENT FOR KOVACS KORNER,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED RESOLUTION NO.85-47, ROAD ABANDONMENT POLICY )Director of Public Works,Rich Broman explained that this establishes a policy to be used as a guideline for abandonments. Councilwoman Taylor MOVED THAT RESOLUTION NO.85-47,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING A POLICY TO BE USED AS A GUIDELINE FOR THE ABANDONMENT OR VACATION OF ROADS,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.85-48,DIRT ROAD CONSTRUCTION AND REALIGNMENT ) )Mr.Broman explained that this is a proposed policy to be used as a guideline for developing new dirt roads and realigning existing dirt roads. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 11 OF 16 Councilman Baljo MOVED THAT RESOLUTION NO.85-48,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING A POLICY TO BE USED AS A GUIDELINE FOR DEVELOPING NEW DIRT ROADS AND REALIGNING EXISTING DIRT ROADS,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID FOR USED CITY TRANSIT BUS (Postponed Item)) )City Manager McNulty recommended that the bid submitted be refused and suggested that staff use the budgeted funds to renovate the existing bus,due to the fact that the bus offered in the bid is older than the existing bus,and there i s no way to know for sure what repairs i t may need. Councilman Jimenez added that there was no assurance of a warranty on the bus and possibly in the future a new bus may be purchased. Councilwoman Gardner MOVED THAT THE BID FOR "USED CITY TRANSIT BUS"BE REJECTED IN THE AMOUNT OF $6,148.00. Councilwoman Taylor seconded the motion. VOTE:unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.85-50, 1/2 CENT SALES TAX ) )Councilman Baljo stated that the Committee to present the sales tax to the voters has requested endorsement by the City Council in the form of a resolution. Councilman Baljo MOVED THAT PUBLIC COMMENT BE ALLOWED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. Ms Sandy Smith,President of the Chamber of Commerce,distributed a pamphlet depicting the benefits of the 1/2 cent sales tax for Apache Junction. State Representative Roy Hudson, explained the procedures through the Legislature for approving the 1/2 cent sales tax bill,and requested approval of the resolution endorsing that bill. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 12 OF 16 Councilman Baljo MOVED THAT RESOLUTION NO.85-50,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUPPORTING PASSAGE OF THE ONE-HALF CENT SALES TAX BY APACHE JUNCTION AND PINAL COUNTY VOTERS TO BE USED FOR THE PURPOSE OF CONSTRUCTING,IMPROVING AND MAINTAINING STREETS AND ROADS,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. WATERLINE EXTENSION FOR LIBRARY )Mr.McNulty explained that i n order to obtain both the domestic and fire protection water for the new Library, i t i s necessary that the water main be extended from the current terminus to the site,and the estimated costs are $14,351.00.Mr.McNulty further explained that i t i s the water companies policy of not putting i n a line for fire protection with a dead end,and will require that the City extend the line to the next main,but this cost can be postponed until the next fiscal budget year. Councilwoman Taylor MOVED THAT APPROVAL BE GIVEN TO EXPEND $14,351.00 FOR THE EXTENSION OF THE CITY OF APACHE JUNCTION LIBRARY WATER LINE; AND THAT THE CITY MANAGER BE GIVEN AUTHORIZATION TO PROCEED WITH THE NECESSARY AGREEMENTS. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. REQUESTS FOR EXTENSIONS AND APPEAL OF LITTER NOTICES )Ms Connelly stated that three individuals have requested extensions to clean their property,and additionally,two requests for appeals to clean the property i n question. Councilwoman Gardner MOVED THAT THE FOLLOWING PERSONS BE GRANTED TIME EXTENSIONS TO BRING PROPERTY INTO COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE: GERWIN FOR 45 DAYS HERZOG FOR 45 DAYS SILVERLY FOR 45 DAYS Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. Councilwoman Taylor asked how many times these property owners had been notified to clean their property. Ms Connelly replied that this i s the second year Mr.Mabeus has been contacted,and this i s the first time Ms Talaga has been notified of a violation. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 13 OF 16 Councilwoman Gardner MOVED THAT LAVERLE MABEUS BE GRANTED A 45 DAY EXTENSION IN WHICH TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE. Councilwoman Taylor seconded the motion. VOTE:In Favor:Councilwoman Taylor,Councilman Baljo, Councilwoman Gardner,Mayor Hill Opposed:Councilman Jimenez,Vice Mayor Bakkedahl The motion carried. Ms Connelly stated that the property owned by Ms Talaga had construction materials placed by neighborhood children,but was otherwise clean. Councilman Baljo MOVED THAT ORNELLA TALAGA BE GRANTED APPEAL OF NOTICE. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. ,REPEAL OF ACTION LIMITING LENGTH OF COUNCIL MEETINGS ) )Ms Connelly stated that action was taken in 1979 to limit Council meetings to 2 1/2 hours,and i t appeared to be the consensus of the Council at the November 4th work session that this action be repealed. Councilwoman Taylor MOVED THAT THE COUNCIL ACTION TAKEN IN 1979 TO LIMIT COUNCIL MEETINGS TO TWO AND ONE-HALF HOURS IN LENGTH BE REPEALED AND THAT ALL FUTURE COUNCIL MEETINGS CONTINUE UNTIL ALL BUSINESS HAS BEEN COMPLETED. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilman Baljo,Councilwoman Gardner, Councilwoman Taylor,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Jimenez The motion carried. RESIGNATION FROM AND APPOINTMENT TO ECONOMIC OPPORTUNITIES ACTION TEAM ) )Economic Development Specialist John Schoeph recommended that Dr.John Niebling be appointed to the Educational Category of the Economic Opportunities Action Team. Vice Mayor Bakkedahl MOVED THAT THE RESIGNATION OF MR.TOM JOHNSON FROM THE ECONOMIC OPPORTUNITIES ACTION TEAM, BE ACCEPTED WITH REGRET; AND THAT DR.JOHN T.NIEBLING BE APPOINTED TO THE EDUCATIONAL CATEGORY OF THE ECONOMIC OPPORTUNITIES ACTION TEAM. Councilman Baljo seconded the motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 14 OF 16 VOTE:Unanimous The motion carried. RESIGNATION FROM AND APPOINTMENT TO THE LIBRARY BOARD ) )Councilwoman Gardner MOVED THAT THE RESIGNATION OF MR.CHARLES RUSSELL FROM THE LIBRARY BOARD,BE ACCEPTED WITH REGRET; AND THAT BARBARA BEZAK/GORDON BE APPOINTED TO THE LIBRARY BOARD,SAID TERM TO EXPIRE JUNE 30,1987. Councilman Jimenez seconded the motion. VOTE:In Favor:Councilwoman Taylor,Councilwoman Gardner, Councilman Jimenez,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Baljo The motion carried. WORK SESSION,EXECUTIVE SESSION, DECEMBER 2,1985 WORK SESSION,EXECUTIVE SESSION, DECEMBER 3,1985 ) )Councilwoman Gardner MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.,ON DECEMBER 2,1985,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON DECEMBER 3,1985,IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC Ms Cora Blatterspiel,760 E.Mesquite Avenue,Apache Junction,asked i f there was any way to control use of alleys by unauthorized vehicles. Mr.Jerry Michaels,715 E.Linda,Apache Junction,made a complaint against the Southwest ambulance drivers actions in a particular incident. Mr.Ray Hooker,565 W.16th Avenue,Apache Junction,asked i f there would be a Work Session for discussion on the Land Split Ordinance. Mayor Hill replied that i t would be discussed at the December 2nd Work Session. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Jimenez informed the Council that there would be a meeting on November 21st in the Chamber of Commerce building,for the purpose of discussing allocations of funds to the City of Apache Junction for Epicenter,and also a BHACA Board meeting the same night. Councilwoman Taylor reported that there would be an Economic Opportunities Action Team meeting on November 20th in the Community Services Activity Room. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 15 OF 16 REQUESTS OF COUNCIL None. ADJOURNMENT MEETING BE ADJOURNED AT 11:28 P.M. motion. VOTE:Unanimous The motion carried. Councilman Baljo MOVED THAT THE Councilwoman Gardner seconded the *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda. *2.Acceptance of Minutes from the Regular Meeting of November 5,1985 ACCEPTED THIS 3RD DAY OF DECEMBER ,1985,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ATTEST: ZcZ-e Norman S.Hill Mayor / / Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1985 PAGE 16 OF 16