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HomeMy WebLinkAbout1998-10-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 6,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 6,1998,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Long Range Planner Kate Morris Special Projects Bob Galloway Assistant Planner Paul Michaud Code Enforcement Supervisor Bob Mayes Associate Planner Rudy Esquivias Assistant to the City Manager Michael Munroe ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;THAT WE RECOGNIZE THE FOLLOWING EMPLOYEES FROM THE CITY FOR OUTSTANDING SERVICE TO THE COMMUNITY:PATROL SERGEANT RON MARTIN;PATROL CORPORAL PAT WAGNER;PATROL OFFICER JEFF ROBINSON; OUR LIBRARY STAFF;THE PUBLIC WORKS STREET CREW;CITY CLERK KATHY CONNELLY; REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 1 OF 18 VEHICLE SUPERVISOR MIKE RUSH;AND THE VEHICLE MAINTENANCE STAFF;AND THAT RESOLUTION NO.98-28,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS CERTIFYING THAT SAID APPLICATIONS MEET THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIRMENTS OF THE STATE HOUSING PROGRAMS;AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION BE APPROVED;AND THAT THE BID FOR PUBLIC WORKS 98-20,DIESEL -POWERED SINGLE AXLE 7 -YARD DUMP TRUCK BE AWARDED TO FREIGHTLINER ARIZONA,LTD.IN THE AMOUNT OF $50,409.60;AND THAT THE BID FOR PUBLIC WORKS 98-21,DIESEL -POWERED SKID STEER/LOADER BE AWARDED TO FALCON POWER INC.IN THE AMOUNT OF $20,826.00. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation for the Superstition Mountain Gathering of Cowboy Poets to be held October 16-18,1998.The proclamation had been given to Main Street Program earlier for publication in the program. Mayor Coleman read a proclamation designating November 1-6,1998,as Code Enforcement Week.He presented the proclamation to Code Enforcement Supervisor Bob Mayes. CALL TO THE PUBLIC Mr.Harold Kortsen,3005 E.Baseline,Gilbert,addressed the council concerning the high cost of the sewer.His laundromat is located in Apache Junction and is on the sewer system.Initially his sewer bill was $457;after the new company took over,it jumped to $1,653.It is currently $1,900.62, and after talking to them he was told to raise his prices.He feels his prices are already too high.Customers are complaining of his higher prices, which are about fifty cents higher than Tempe and Mesa.The sewer district told him to contact the city manager and have him write a letter to them,but the city manager stated there was nothing he could do.He has since learned that no one has any control over the sewer district,and he is concerned that there is nothing that anyone can do to control them. Mr.Jerry Dean,825 W.12th Avenue,Apache Junction,addressed the council. He would like to see the city have a municipal golf course.He believes the leased land and the price that is paid for it,coupled with Senator Hayworth being able to get funding for the city,should allow for the city to have one. He is also concerned about garbage trucks using San Marcos on non -pickup days. He counted nine of them today,and they are ruining the roads.In addition, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 2 OF 18 he would like to see the council meetings videotaped so that the councilmembers could see how they conduct themselves.It would reveal their unspoken communications and allow them to critique themselves.Lastly,he commented he had filled out a talent bank application to be on a committee, and he believed councilmembers should have called him about being on a committee.He believes the people are working for the city council,not the other way around,and complained that everything brought before the council gets turned down. CITY MANAGER'S REPORT City Manager Curtis Shook announced the Citizen's Leadership Training Institute had been formulated into a six session program over six months for members of the public.The first one starts November 18,1998,and he briefed the council on when the sessions would be and what would be covered in each session.The final session is on March 10,1999.The purpose is to provide an opportunity for people to learn about municipal government and its boards and functions.He urged anyone interested to sign up for the institute. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR 4 SONS FOOD STORE/IDAHO AND 29TH AVENUE )City Clerk Kathleen Connelly briefed the council on the item.She commented this and the next item deal with corporate changes for 4 Sons Food Stores in the city.It was noted that a different address had been used on the application than what had been provided by the city for the Idaho and 29th Avenue location.The correct address is 75 E.29th Avenue,and the council's motion should ask that the change be recognized by both the applicant and the state.She commented the applicant was present to speak to the council. Mr.Ray Downs,14644 N.74th Street, Suite 101,Scottsdale,addressed the council.He commented they have merged two of their family businesses into one group.The stores will continue to be run the same way as they have in the past. Councilmember Durbala asked if all of the employees would be sent to the Arizona Beverage & Liquor class. Mr.Ray Downs stated they would. They require it of all current employees and any new ones. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to further council discussion.There being no further discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE :3 OF 18 Councilmember Durbala MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE SUBMITTED BY KENT BRO FOR 4 SONS FOOD STORE,LOCATED AT 75 E.29TH AVENUE,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES,AND THAT THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL APPLICATION AND THE APPLICANT BE NOTIFIED OF THE CORRECT STREET ADDRESS WHICH WE ALREADY DID. There was general discussion on whether anything else needed to be added to the motion.It was determined the State needs to recognize that there needs to be an address change. Councilmember Durbala added AND THAT THE APPLICANT BE NOTIFIED THAT THE CORRECT STREET ADDRESS FOR THIS LOCATION IS 75 E.29TH AVENUE,APACHE JUNCTION,ARIZONA,AND THAT THE APPLICATION BE REVISED ACCORDINGLY. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. APPLICATION FOR A LIQUOR LICENSE FOR 4 SONS FOOD STORE/SUPERSTITION BLVD. )City Clerk Kathleen Connelly briefed the council on the item.She commented the recommendations are for approval. Mayor Coleman asked Mr.Downs if he had any additional comments,which he did not.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE SUBMITTED BY KENT BRO FOR 4 SONS FOOD STORE,1633 W.SUPERSTITION BLVD.,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1062/PLANNED DEVELOPMENT AMENDMENT FOR A CONVENIENCE STORE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 4 OF 18 )Long Range Planner Kate Morris briefed the council on the item.There would be no change in the zoning for this site,which is located at the northwest corner of Ironwood and Baseline and is slightly over 4 acres in size.This plan is for the convenience store only,with the northern two-thirds of the property being set aside for a motel whose plans have already been approved.This was presented to the Planning and Zoning Commission in a slightly different format,and both were included in the packet.The setback and screening issues have been met in the revised plan.The original plan called for a restaurant instead of a convenience store here,but the zoning will allow either one. City Attorney Joel Stern stated the plan could not be rejected because of the change in use as this is just a site plan,not a zoning case.The proposed use of a convenience market is a permitted use under this zoning,and the site plan meets all regulations applicable to the site plan amendment. Mayor Coleman asked why this would need to come before the council if the council has very little option as to what is developed at the site. City Attorney Joel Stern stated any major amendment has to come back before council by code. Long Range Planner Kate Morris commented,this was speculative in nature,no end users had been identified. The motel was identified when the original application was filed.The planned development allows the council to address specific needs and concerns. Mayor Coleman asked if all stipulations would follow this procedure. Long Range Planner Kate Morris stated they have to determine if it meets the basic site plan layout,which it does. Vice Mayor Surra asked if the first design would come back to the council. Long Range Planner Kate Morris stated the site plan indicates where the landscaping will be,other than plants and flowers which will be designated on the building permit application.She commented there is also a final design. Vice Mayor Surra asked if the council would see it at final design. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 5 OF 18 Long Range Planner Kate Morris stated it would be informational only to see if it conforms with the basic site plan. Vice Mayor Surra commented they negotiate many times over subdivision plats,and she asked how many times they will be able to negotiate over this site. Long Range Planner Kate Morris stated the platting process is different than the straight zoning planned development.In the straight zoning they only review it once,unless there is a major change to the plan.In this case there was a change in the parking amenities,which forced this amendment to come before the council. Vice Mayor Surra commented they are frequently told by these commercial corner developments that there are no end users at the moment.The council has always been told not to worry about i t as the plans will have to come back before the council.She asked if this is an example of her being able to say what she would want to see there and what she would not want to see there. Long Range Planner Kate Morris stated when vacant land is being dealt with,and the zoning stays the same but there are multiple uses available in the zoning,there are potential uses indicated.However,those uses are not guaranteed.She commented she is not sure how they could guarantee that the use would be the one indicated. Vice Mayor Surra commented they could not rezone anything until they had the end users identified.She suggested doing that in the future since the council was misled as to their control over what goes into a development. Long Range Planner Kate Morris stated they have input into the site plan and input into the use and impact of the community.The legal question is whether council has the authority to determine what can go in the development. City Attorney Joel Stern reminded them it is not a subdivision,which has different regulations. Vice Mayor Surra stated she is talking about commercial development on a corner of a planned development that includes residential.Several have come before the council where they have opted to put some commercial corners on planned development.They have been told to just give them the zoning as it will •come back before the council •when i t is time to put i t in.She added the council apparently does not have much control over what will come before them and she is worried over what may be put in with those zonings previously approved. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 6 OF 18 City Attorney Joel Stern commented some cities handle it with a design review board where even commercial developments have to come before the board to get something approved. Councilmember Insalaco commented he thought the city needs more restaurants than it does gas stations or convenience stores.He does not like the location as it is close to some of the largest mobile home communities.He would prefer to see a restaurant there as many winter visitors reside in that area,and he believes the year round residents would like another restaurant choice. Mayor Coleman requested the applicant to address the council. Ms.Linda Pearson,1632 W.Mountain View,Mesa,addressed the council on behalf of Alex White and his family.She commented the family had speculated on putting a hotel and restaurant on the location.In the last year they had contacted numerous sit down and fast food restaurants,all of which stated they were not interested as the demographics were not there.Though the growth is coming,it is not here yet.They look at traffic counts and population.They had been told about the influx of people in the winter,which they understood.The restaurants also complained that they would be south of the freeway,which seems to be a dividing line for the traffic flow.The demographics showed the same thing -10,000 cars on Southern,but only 2,000 on Baseline.She commented there is virtually no housing south of them,though there is a golf course east of them.Growth is coming from the west which they believe will help them.Phase 1 of the hotel has been permitted,and in Phase 2 of the hotel they do have an area where they can add a restaurant site.However,the area has to grow up some before an end user will be interested.She does not believe anyone wants to see a restaurant go under and there be an empty building left sitting there.They do anticipate putting in a sandwich shop of some kind in the convenience store,plus an ice cream establishment.They have had some success getting end users for those sites. Councilmember Eck asked if the convenience store chain had been selected. Ms.Linda Pearson stated they are doing a joint venture with a fuel vendor and an owner -occupied home/family business. Councilmember Insalaco commented they are going to have a hotel there with no facilities for them to have breakfast or anything to eat.He believes those people will impact and cause more problems on the restaurants that are already in the city now.He questioned whether there would be any property left for restaurants once the growth is there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 7 OF 18 Ms.Linda Pearson stated the Comfort Inn,which is the hotel,does serve continental breakfast.Areas have been designated for that.She repeated they would still have room in Phase 2 for a restaurant end user if council would approve that at a later time. Councilmember Urich commented she believed they should have gotten a different surveying company that would have been more responsive to a fluctuation of population as is seen in Apache Junction.She believes that this location with a restaurant and a hotel would generate the traffic and lessen the load on the existing restaurants in the city. Ms.Linda Pearson stated the demographics they had were from their survey company and the end users who were contacted.Those end users do them year round. Councilmember Urich commented the population growth is here and continuing. Ms.Linda Pearson agreed and stated they have demographics that show it is coming.But the end users are stating the area is not ready for a really nice restaurant. Councilmember Eck asked when the Comfort Inn would be built. Mr.Linda Pearson stated they are getting their finances together and as soon as they have those it will be built. Vice Mayor Surra asked what the deadline is on the motel before it reverts back to the original zoning. Long Range Planner Kate Morris stated the deadline is May 20,1999. Mayor Coleman opened the public hearing on the item. Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the council.She commented that Marie Callendar's,one of the restaurants previously approached by the applicants, is not the kind of a restaurant that opens with a hotel.She urged the council to think about the city and not the developer.She stated this one is too close to the one already opened at Southern and Ironwood.She commented a restaurant is needed where there is a hotel. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 8 OF 18 Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Durbala stated he was confused.He realized they need the restaurant and the hotel,however,the vice mayor's comments scared him when she suggested the council should know the end user at the time of approval of a commercial development.He understands that the land is bought on speculation that they can get that type of business in there.However,sometimes deals fall through and they are not able to do that.He is more concerned with the vice mayor's suggestion and he requested her to explain i t further. Vice Mayor Surra stated she was just making a comment on how she felt regarding their pledge to do what they can to control the growth that happens in the city.Though they keep saying that phrase,she does not see them moving in a direction that shows that the council is imposing their residents and cultural feelings on the city and what is happening within it.The council has been told that they will have final say,but today she has learned that they do not have final say on anything. That upsets her,as she was entrusted by the people to do that.She added she will not give a yes vote on any rezoning unless she knows who the end user is in the future. Councilmember Eck agreed with her. Councilmember Durbala stated a number of different things can be put into zoning areas.He asked her if she would be requiring them to pick exactly what would be in there,especially if that caused the land to revert back because they could not get that end user in there. Vice Mayor Surra stated they would have to come in two years later for another rezoning.She added if he found that unreasonable,he had the right to vote yes. Councilmember Durbala stated he might do that.He believed the other way would be unreasonable. Mayor Coleman recalled that this was originally zoned for high density residential. Long Range Planner Kate Morris stated it was trailer homesites,which could have been developed as part of the park. Mayor Coleman stated he would have voted the way he voted regardless of the end user as he believes i t is a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 9 OF 18 viable commercial corner.He would prefer for this corner what they now have versus what they had as it should give the city some services that they need. Councilmember Durbala agreed. City Attorney Joel Stern commented the city council would have to take further steps to revert the property back in May of 1999. Vice Mayor Surra stated if she was still here in May,she would institute the steps necessary. Councilmember Durbala MOVED THAT ORDINANCENO.1062 BE READ BY TITLE ONLY AND THE READIN&OF THE ENTIRE ORDINANCE BE WAIVED, MOTION. VOTE:Unanimous. The motion carried. the ordinance by title only. Councilmember Dietz SECONDED THE City Clerk Kathleen Connelly read Councilmember Durbala MOVED THAT ORDINANCE NO.1062,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:4-3 (Vice Mayor Surra and Councilmembers Insalaco and Urich voted in opposition.) The motion carried. minute break. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ORDINANCE NO.1059/REZONING 5 ACRES TO 14 LOT SUBDIVISION )Assistant Planner Paul Michaud briefed the council on the item.This is located across from the Boys and Girls Club.This is to rezone to a 14 lot,single family home subdivision. They are requesting the conceptual plan submitted be approved before applying REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 10 OF 18 for the preliminary plat request.The requested zoning has an allowance for approved subdivisions to reduce the lot size to 11,000 net square feet and it does not have a travel trailer allowance during construction of a dwelling. I t is a low density district.The site plan calls for medium density of 2.8 homes per acre.The surrounding properties are low density to medium density. The lots will be developed by the owner and will be of single story construction.Lots 6-9 are on cul-de-sacs and are narrower in width than the zoning calls for,but since the easement for Winchester is actually 20 feet less than shown,the width minimum should be able to be met.Parks and Recreation is recommending that the open space along Winchester be maintained by the homeowners association.The applicant is leaning towards placing the responsibility on the adjacent lot owner.Mr.Knapp,a property owner southwest of the subdivision,had related a concern about reduced property values for the remaining CR-1 lots in the area.Mr.Thomas Ready,another neighbor,requested the lots be no smaller than a half acre.The applicant stated all air-conditioning units would be ground mounted except on Santa Fe style models.The Commission recommended approval unanimously. Councilmember Durbala asked Mr. Michaud to go over lots 6-9 again. Assistant Planner Paul Michaud stated lots 6-9 show lot widths of less than the required 80 feet.Some of this is caused by the way these odd lots have to be measured due to the setback line.The setback line is supposed to be pushed back to get an accurate reading.In addition,the roadway easement is only 30 feet,not 50 feet,and they can push everything down and make them larger as well. Councilmember Durbala asked if the 80 foot minimum width requirement would then be met. Assistant Planner Paul Michaud commented he had scaled everything out by pushing it back and the lots would meet the minimum width.However,this is only a conceptual plan. Councilmember Durbala commented he liked the subdivision other than the question on the lot width. Mayor Coleman requested the applicant to address the council. Mr.Gene Wilson,1357 S.Idaho, Apache Junction,addressed the council.He commented he would like to build some nicer,larger homes for the area.He added if this subdivision works out well,he will probably do it again somewhere else. Councilmember Durbala asked who would be responsible for maintaining the retention area. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 11 OF 18 Mr.Gene Wilson stated he needed help with that issue.He is researching it right now.His engineer is recommending that the open space be maintained by the adjacent lot owners.He does not believe the community is large enough for a homeowners association, so he is leaning towards his engineer's recommendation.If that does not work out,there should be another way. Vice Mayor Surra asked what the other way may be. Mr.Gene Wilson stated he was open to suggestions.He commented if this condition has to be met prior to approval,he does not know where he stands on it.He does not know if it is that high of a priority at this time.He believes once this is engineered a reasonable condition could be met. Councilmember Durbala asked if the retention basin could be deeded to the adjacent landowners to require them to clean i t up. i t is one applicant his first ascertain City Attorney Joel Stern commented possibility if the property owners wanted to do that.However,the appears to be unsure as to where he wants to go with that. Mr.Gene Wilson commented that is choice.However,he is leaving it open to the city engineers to if it would work. Councilmember Durbala stated i t is listed in the ordinance so they are concerned about it.He asked the attorney if anything else would have to be added to condition three (retention area responsibility)to make sure the city would not have that responsibility later. City Attorney Joel Stern stated the condition appears to cover the possibilities,but he could look at i t if he had more time.They would have to continue the item for him to do so. However,from the information in the packet and the language it seems to cover it broadly. Councilmember Durbala asked if this condition was written the same as in all the other subdivisions. City Attorney Joel Stern believed this had been tailored for this one specifically. Vice Mayor Surra asked what kind of traffic impact there would be on Winchester from the residents leaving that subdivision and if they would have to do any off -site improvements. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 12 OF 18 Councilmember Durbala doubted it would bring much extra traffic as there are only 14 new homes. Vice Mayor Surra stated she was concerned about ingress and egress. Councilmember Durbala asked how much of the dedication the applicant has to give for Winchester. Assistant Planner Paul Michaud stated he has to give 30 feet for Winchester,and the plat addresses off -site improvements for water. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for any additional council discussion. Councilmember Eck commented these are the types of subdivisions the city is desperately searching for and he would like to see more of them. Councilmember Insalaco agreed. Vice Mayor Surra asked how the air conditioning unit would be hidden on the Santa Fe units. Mr.Gene Wilson stated Santa Fe homes have a roof lower than the exterior walls. Vice Mayor Surra commented they would be roof -mounted then. Mr.Gene Wilson stated that was correct.They cannot be put on the ground for Santa Fe models because there is no attic space. Mayor Coleman closed the council discussion and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1059 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 13 OF 18 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1059,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.98-26/RESCINDING RESOLUTION NO.97-19/CORRECTING LEGAL DESCRIPTION ON STREET ABANDONMENT )Associate Planner Rudy Esquivias briefed the council on this item.This is to correct a previous resolution for an abandonment of a roadway adjacent to the new Cortez Ranch Subdivision. I t is for a 50'stretch of roadway between the Wickiup alignment and the South Cortez Road alignment which is no longer needed.The subdivision did not gain any more lots with this abandonment but the city did gain more open space. The original resolution had an incorrect legal description which will be rescinded with this new resolution.He read into the record one more correction on page two:"except these forty feet together with a parcel of land described as follow",the fifth line down where it says then "north zero degrees,seventeen minutes,twenty seconds west",should read "north zero degrees,fourteen minutes,forty-eight seconds west",and four lines down from that where it says "then south zero degrees,seventeen minutes,twenty seconds east",should read "zero degrees,sixteen minutes,fifty-five minutes east". This should correct it once and for all.He requested approval of the resolution. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he called for any council discussion.There being no discussion,he called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.98-26,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RESCINDING RESOLUTION NO.97-19,A RESOLUTION FOR A ROADWAY ABANDONMENT CONTAINING AN INCORRECT LEGAL DESCRIPTION AND OTHER CLERICAL ERRORS INCLUDING THOSE DEGREES,MINUTES AND SECTIONS AS POINTED OUT BY OUR ASSOCIATE PLANNER,AND ADOPTING THE NECESSARY CORRECTIONS TO THOSE: PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED SECTION 28-1907,DECLARING THAT A PORTION OF PUBLIC ROADWAY EASEMENT DESCRIBED AS THE NORTH 50 FEET OF A 100 FOOT EASEMENT NORTH OF THE SECTION LINE AT EAST BASELINE AVENUE,FROM 1/4 MILE EAST OF TOMAHAWK ROAD TO CORTEZ ROAD,DESCRIBED IN ABANDONMENT CASE AB -97-01, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 14 OF 18 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. CABLE TELEVISION CITIZEN'S ADVISORY COMMITTEE FINAL REPORT )Assistant to the City Manager Michael Munroe briefed the council on the item.He stated this is the final report which has been submitted to the city clerk's office.He advised the chairman of the committee,Michael McNulty,was present to address the council on the report.He added Dr.Barry Sutter would also like to address the council concerning the school district's role in the needs assessment.He commented Triax had a representative in the audience. Mr.Michael McNulty,958 E.Friar, Apache Junction,addressed the council.He complimented the time and effort put in by the members of the committee and the services of Michael Munroe.He commented the committee was to define the future needs of the community relative to cable television service.The response to the questionaire showed the community was interested in the future of cable television service.The current contract lacks giving the city the ability to look at the contract with the provider regarding state of the art service and the absence of any type of penalty for noncompliance,of which there is currently noncompliance. They believe both should be included in any new contract.The schooldistricts,local and community college,did provide information on what their needs would be in the future. Mayor Coleman thanked the committee for their work in going through the surveys and creating the report. Council member Durbala acknowledged all the committee members that were present.He added Michael Munroe had given them an in depth briefing at the work session. Mr.Michael McNulty stated the comments made on the surveys demonstrated the depth of feelings of the respondents. Dr.Barry Sutter,1960 S.Cactus, Apache Junction,addressed the council.He commented that technology and REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 15 OF 18 growth are upon the city.The district and the community have made a commitment to support the school district's effort in technology.The last bond issue assisted in spending millions on technology.The future is technology and children need to be put in the best position to succeed.He stressed the importance of putting in the committee's recommendations into the next contract.The district is trying to change from an analog system to a digital system with the capability of expanding distance learning in all of their schools.I t is important to have governmental and educational access channels and they should be expanded.Football games,plays,concerts, programs and the arts will soon be on the cable television program.They would like to have a community university through the school system with educational programs over the access channel.The provisions need to be in the next contract,and it should be done through a contract,not through the taxpayers.He requested they get a good contract for the school district's needs. Assistant to the City Manager Michael Munroe commented this is part of the renewal process outlined by the Federal Communications Commission.This is one part of a report that will be coming to the council that will frame the whole issue of cable television. The report will be forthcoming in the near future,at which time council may review the two reports and seek a proposal from the cable operator.At that time the future of cable television in the city will be assessed. Mayor Coleman called for any questions or comments. Councilmember Eck commented they all did an excellent job. Mayor Coleman closed the discussion and called for a motion. Councilmember Insalaco MOVED THAT THE FINAL REPORT FROM THE CABLE TELEVISION CITIZEN'S ADVISORY COMMITTEE BE ACCEPTED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 16 OF 18 Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A SPECIAL MEETING AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 19,1998,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY.THE REASON IS SEVERAL COUNCIL MEMBERS WILL BE ATTENDING THE LEAGUE OF ARIZONA CITIES AND TOWNS ANNUAL CONFERENCE IN LAKE HAVASU IN OCTOBER;THE REGULAR OCTOBER 20,1998,COUNCIL MEETING WAS CANCELLED BY THE MAYOR AND THERE WILL BE NO WORK SESSION ON OCTOBER 19. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala reported the death of Mary Warga to the council.He commented she raised challenging and relevant issues relating to environmental protection and showed a genuine concern for the community.Her passing will be felt by many. Councilmember Insalaco commented he and Councilmember Urich attended Valley Forward at the Arizona Biltmore along with Ken Simpkins,Bob Galloway and Paul Michaud.He stated it was very interesting and some very nice things were said about Apache Junction. Councilmember Urich added she was looking forward to the city getting some recognition awards at next year's Valley Forward. Mayor Coleman stated it is his privilege to chair the resolutions committee for the League of Cities and Towns this year.He commented the meetings are tough to control as the approximate 80 members are primarily mayors. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:53 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 15,1998. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Sgt.Ron Martin;Corporal Pat Wagner;Officer Jeff Robinson;Library staff;Public Works Street Crew and Supervisors;Kathy Connelly;Mike Rush and Mechanics staff. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 17 OF 18 4.Approval of Resolution No.98-28,Authorization for submission of HOME application to Arizona Department of Commerce for state housing funds. 5.Approval and authorization to award bid PW 98-20 to lowest qualified bidder for a diesel -powered single axle 7 -yard dump truck. 6.Approval and authorization to award bid PW 98-21 to lowest qualified bidder for a diesel -powered skid steer/loader. ACCEPTED THIS 3RD DAY OF NOVEMBER ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER ,1998. ATTEST: City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of October,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of October,1998. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1998 PAGE 18 OF 18