Loading...
HomeMy WebLinkAbout1996-06-18 City Council Regular MinutesStaff Present: CITY COUNCIL REGULAR MEETING JUNE 18,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 18,1996,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 Mayor Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Richmond led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hendricks Councilmember Surra (one vacancy) City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Services Director Larry Harmer Planning Manager Jim Nakagawa Others Present:Associate Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES: Parks and Recreation Director Jeff Bell;Officer Howard Williams and Detective Dick Boulden of the police department;and REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 1 OF 18 THAT WE MOVE ITEM NO.10 TO FOLLOW DIRECTLY AFTER THE CITY MANAGER'S REPORT. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Development Services Director Larry Harmer briefed the council on the City of Apache Junction receiving from the Arizona Association of Economic Developers two Awards of Merit for an advertising campaign in the East Valley Business Journal and the film commission's brochure for a special marketing campaign. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. NEW BUSINESS APPOINTMENT/REAPPOINTMENT OF BOARD AND COMMISSION MEMBERS )Mayor Coleman stated he did not feel comfortable in appointing all the board/commission members this evening, only those that appeared to be necessary and reserve a later time for the others.He commented on most all applicants wanting to be either on Planning & Zoning or on the Library Board. Councilmember Barker shared the mayor's feelings and stated additional applicants were interviewed a few weeks ago at a time when the council was not aware of the other openings upcoming, wherein they were not asked if they might be interested in other boards/commissions.She suggested doing Municipal Corporation,the Board of Adjustment,the Board of Appeals and Health & Human Services this evening and then divide the next two boards between the next two meetings.She also advised the Public Safety Personnel Retirement Board was left off the list. Councilmember Durbala noted the Planning & Zoning Commission has three members whose terms expire at the end of June. Councilmember Barker stated she had spoken with the city attorney today and he had explained what would happen. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 2 OF 18 City Attorney Glenn Gimbut explained to the council about the law allowing people to continue in office until their successor is chosen.He also stated the next council meeting is July 2,which is shortly after the terms expire. City Clerk Kathleen Connelly added that the city code also stated the same thing. Councilmember Barker discussed the Municipal Property Corporation further.A minimum of three people are needed on this board.Mr.Namsick has asked for reappointment.She mentioned W. Tate Little had stated he would serve on any board. There was a general council discussion on two others stating they would take other boards.It was mentioned Thomas Kelley -Devaney may have made that statement.Ted Julian had also made the statement he would not mind being on any board or commission. Marie Ewell interviewed a few weeks ago had stated she accept any board or commission to help the city.It was noted since this board does not meet very often,sitting on this board would not prevent them from being considered for another. Councilmember Surra MOVED THAT MR. NAMSICK,MR.KELLEY-DEVANEY,MARIA EWELL AND TEDDY JULIAN BE CONSIDERED FOR THE MUNICIPAL PROPERTY CORPORATION,BUT NOT EXCLUSIVELY FOR IT,WITH MR. KELLEY-DEVANEY AND TEDDY JULIAN HAVING THE TERMS EXPIRING IN 1998 AND MR. NAMSICK AND MARIA EWELL HAVING THE TERMS EXPIRING IN 1999. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general council discussion on the Board of Adjustment.It was noted Howard Littell and James Pfeifer had requested reappointment.It was mentioned Beth Kurras had stated she would serve on other boards and it was felt she would compliment the other members. Another applicant mentioned was Midge Conway. Councilmember Durbala MOVED THAT HOWARD LITTELL,JAMES PFEIFER AND MIDGE CONWAY BE APPOINTED TO SERVE ON THE BOARD OF ADJUSTMENT FOR TERMS TO EXPIRE JUNE 30,1999. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 3 OF 18 The motion carried. The council discussed the Construction Code Board of Appeals.There had been one applicant.It was noted there is a citizen member that can be appointed to this board. Councilmember Barker MOVED THAT DALLAS DEWEY BE APPOINTED (TO THE PROFESSIONAL CATEGORY)TO FILL THE TERM TO EXPIRE JUNE 30,1999,AND BETH KURRAS (CITIZEN MEMBER)FOR THE TERM TO EXPIRE ON JUNE 30,1999. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Surra stated she had three people she thought would be nice on the Economic Development Commission. She mentioned Mr.Stachar for reappointment,Maria Ewell and W.Tate Little, whose background would go very well with economic development. Councilmember Surra MOVED THAT MR. STACHAR,MARIA EWELL AND W.TATE LITTLE BE PLACED IN CONTENTION FOR THE TERMS FOR THE ECONOMIC DEVELOPMENT COMMISSION FOR TERMS TO EXPIRE JUNE 30,1999. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker stated if the Health & Human Services Commission is done it would leave two for the first meeting of July and two for the second meeting of July. Councilmember Surra thought the Health & Human Services Commission and the Library Board should be done tonight,as there are numerous reappointments on those. Councilmember Barker recommended taking Health & Human Services first,and liked the applicant who had applied. Councilmember Barker and Councilmember Surra jointly MOVED THAT CAROL CRANMER BE APPOINTED TO THE HEALTH & HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30,1999,AND JENNIE BENNETT BE REAPPOINTED TO THE HEALTH & HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30,1999. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 4 OF 18 Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Surra commented about Barb Gardner being a librarian and wanting to be on the Library Board,plus Jean Namsick and John Schoeph wanting reappointments. Councilmember Surra MOVED THAT BARB GARDNER,JEAN NAMSICK AND JOHN SCHOEPH BE APPOINTED TO THE LIBRARY BOARD FOR TERMS TO EXPIRE JUNE 30,1999. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman stated he would like the council to wait on the other appointments. City Clerk Kathleen Connelly stated there were four boards left to fill:Parks & Recreation,Planning & Zoning, the Transportation Board and the Public Safety Personnel Retirement Board. There was a general council discussion on whether these four boards could be added to the July 2 meeting agenda. Councilmember Durbala MOVED THAT THE REMAINING FOUR,FOR THE PARKS & RECREATION COMMISSION,THE PLANNING & ZONING COMMISSION,THE TRANSPORTATION BOARD AND THE PUBLIC SAFETY RETIREMENT BOARD, BE ON THE WORK SESSION AGENDA FOR THE FIRST OF JULY,AND ALL BE APPOINTED ON THE MEETING OF THE SECOND OF JULY. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS SD -96-02 (IDAHO AND SUPERSTITION COMMERCIAL/SLENTZ)FINAL PLAT APPROVAL ) REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 5 OF 18 )Development Services Larry Harmer briefed the council on this item.He stated there is no appreciable change between the final plat and the preliminary plat.He deferred questions to Planning Manager Jim Nakagawa. Planning Manager Jim Nakagawa stated there were two stipulations outstanding at the time of the report that needed to be met.One was the letter of commitment which they have received from the sewer district,the other is for a street improvement which needs to be executed by Mr.Slentz.This takes care of all the requirements for this plat and approval is recommended. John Slentz addressed the council to answer any questions.He stated the street agreement would be signed tomorrow. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Mayor Coleman opened the item up to questions or discussion from the council,hearing none he closed the discussion. Councilmember Durbala MOVED THAT SD- 96 -02 (IDAHO AND SUPERSTITION COMMERCIAL/SLENTZ)FINAL PLAT BE GIVEN CONDITIONAL APPROVAL AND THAT RECORDATION OF THE FINAL PLAT BE DEFERRED UNTIL SEWER COMMITMENT IS OBTAINED AND FINANCIAL ASSURANCES POSTED OR THE RELATED ECONOMIC STRENGTHS GRANT FOR THE STREET IMPROVEMENTS IS AWARDED TO THE CITY. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PZ-95-07 (SUPER 8 MOTEL/HYDE/IDAHO FWY ASSOCIATES)FINAL PLANNING DEVELOPMENT APPROVAL ) )Development Sevices Director Larry Harmer briefed the council on this item.Some deviations have been requested in the landscaping and setbacks to make the development better.One deviation raising questions had to do with a forty foot free standing sign, well beyond the current sign code limitations.Representatives of the applicant and Planning Manager Jim Nakagawa were there to answer any questions. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 6 OF 18 Planning Manager Jim Nakagawa stated stipulation one has been resolved in an agreement between the fire marshall and the building inspector.Stipulation four is moot with approval of the subdivision plat being given in the previous motion.Stipulations two and three are still in effect but are minor,having to do with the site electrical plan and any unresolved building code deficiencies. Mayor Coleman asked the applicant to address the council and explain the forty foot sign. Gary League of League Design Builders briefed the council on the project.They have changed the roof to red tile,the walls are stucco,and they have exceeded by 50% the tree plantings required by the city.He showed a drawing of the forty foot sign requested at the southwest corner of the property.He does not believe a twenty foot sign will be legible from 500 feet away from Idaho as the building is thirty feet high and three other buildings will eventually go in the area between the motel and Idaho Road.They are also requesting a four foot directional sign at the entry way.The only other way to identify the building as a motel,if the forty foot sign is not approved,is to mount signs on top of the building.He stated that according to present ordinances they could put up to eight signs on the top of the building,which could be twenty- four feet high coming from the eave area,which would be approximately four hundred square feet of signs.The forty foot sign is only ninety-six square feet.Visibility is greatly reduced in a twenty foot sign. Councilmember Barker discussed with City Clerk Kathleen Connelly the possibility of this area getting freeway signs to designate whether motels/restuarants were there.It was noted the Transportation Board in December indicated they were in support of this,and sometime recently the county supervisor advised that had been approved. Vice Mayor Richmond stated there is a sign on US 60 stating gas,food and lodging at exit 196. Councilmember Barker stated that was not the kind of sign she understood the city was going to receive. City Clerk Kathleen Connelly stated the council had wanted signs similar to those along Interstate 10 near Casa Grande. Councilmember Barker stated that was correct,as these signs would have the logo of the businesses. Councilmember Surra stated these signs would not give directions to the public on how to find the Super 8. Gary League stated once the people got to the intersection,they will not know where the facility is.It was REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 7 OF 18 their understanding the freeway sign would only say lodgings,not give any further information. Councilmember Durbala stated they apparently wanted the forty foot sign for exposure more than anything else. Gary League stated they wanted the sign so people would know where to look for the Super 8.He would rather see the forty foot sign then to mount signs on the roof. Mayor Coleman stated he could see problems with the impact of having a forty foot sign there.He stated there is another Super 8 motel further down which has a very low key sign. Gary League stated they are probably closer to the roadway and people are not going by at fifty-five miles per hour.He commented on the Four Sons sign.He then repeated the forty foot sign would only identify the project. feet higher than the building. would not look that way. convinced. Mayor Coleman stated it would be ten Gary League stated in perspective it Mayor Coleman stated he was not Gary League stated the forty foot sign would not appear to be large.Most of the motel signs you see on US 60 in Phoenix are sixty foot. Mayor Coleman stated he was trying to imagine what this would look like if their drawing had been drawn to scale. Gary League stated they cannot draw perspective to scale.He suggested floating a balloon out there to give them an idea of what it would look like. Mayor Coleman stated his own preference would be to have the twenty foot sign. Councilmember Surra asked if there was a way to compromise,such as a thirty foot sign. Gary League stated the owners have instructed him that if they do not go with the forty foot sign,the next step would be to look at signs on the roof.They could be 4'X 50'on each eave. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 8 OF 18 Councilmember Surra stated that sounded a little bit like a threat. Gary League stated it was not a threat,it was what he had been asked to look at next.They want the facility designated and easily identifiable as a Super 8 motel. Councilmember Surra commented there were few other items in the area that could be misconstrued as a motel. Gary League stated they have to know it is there.He stated the resort off to the south of them is not identifiable as a resort or a motel and he can see the same things happening here. seeing hotels/motels advertised in signs that are on the intersection was effective for her,she did not through signs at eye level. Councilmember Barker commented on other cities by nice,low,directional prior to that particular facility.That find it by a tall sign structure,but Gary League stated that was a possibility on Idaho,but does not help them on the freeway. Councilmember Barker wondered about the next builder then wanting a sixty foot sign if a forty foot sign was granted. Gary League stated that could be addressed on an individual basis.He commented on all the additional items the council requested,so the owners are now asking for some variances on the side.He stated other builders could be told of the additional work done by Super 8 as a reason why the variance was granted.The forty foot sign is the shortest sign they have ever put on a motel,most are sixty feet. City Attorney Glenn Gimbut reminded the council this is coming to them under planned development.They have the ability to put restrictions on the property as to where signs are,what size they are,including what signs may or may not be put on the roof and the size of those signs.What the signs look like on the roof can be regulated. Development Services Director Larry Harmer stated that a precedent would be set by the council.This request exceeds what was done last time and there is no guarantee what the next developer will request.Some options may be available:there is no provision in any of the codes that would allow some type of directory sign in our rights -of -way;a directory sign could be negotiated on the Four Sons property and there may be other options.This is a planned development,it can be approved with the stipulation that a comprehensive sign package for the entire REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 9 OF 18 development take place.This would establish a uniform package for the development. Mayor Coleman opened the public hearing.There being no one wishing to speak on the item,he closed the public hearing. further discussion by the council. Mayor Coleman opened the item up to Councilmember Durbala stated the twenty foot sign maximum in the freeway area should be maintained. Councilmember Barker and Councilmember Surra jointly MOVED THAT PZ-95-07 (SUPER 8 MOTEL/HYDE/IDAHO FWY ASSOCIATES)FINAL PLANNED DEVELOPMENT BE GIVEN CONDITIONAL APPROVAL SUBJECT TO THE FOLLOWING STIPULATIONS:THAT STAFF WORK WITH ALL THE DEVELOPERS IN THE WHOLE AREA THERE AND DETERMINE A COMPREHENSIVE SIGN PACKAGE FOR THE WHOLE AREA THAT IS NOT OVER TWENTY FEET;AND THAT THE SITE ELECTRICAL PLANS BE REVISED IF POWER IS TO BE PROVIDED TO THE DETACHED SIGNS;AND THAT ANY BUILDING CODE DEFICIENCIES/REQUIREMENTS BE RESOLVED TO THE SATISFACTION OF THE BUILDING OFFICIAL AND GAS/TELEPHONE SERVICES TO THE SITE BE APPROVED BY THE CITY ENGINEER. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PZ-96-06 (PROPOSED ORDINANCE NO.953)) )Development Services Director Larry Harmer briefed the council on this item.The Planning Commission recommended approval,the only question since then was the timing of the phasing.They plan to allow open air storage in the back areas until those buildings are constructed,with no time constraints or limitations.This has been raised as a concern since the Planning Commission meeting.Associate Planner Kate Morris and the owner's agent,Steve Cochran,were there to answer questions. Associate Planner Kate Morris briefed the council on the evolution of this project.The entrance off of Old West Highway has been angled to allow for fire apparatus,and another aisle has been widened for them also.The landscaping has been extended,the orientation angle for the exit is still being worked on.She commented on the improved landscaping,the masonry wall and the nice retail fronts.The one REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 10 OF 18 way access point for the retail shops has been widened,by evening out the buildings,and an on -site manager's office is proposed.There are three stages of development.The walls go up initially,then the landscaping,and they want to retain open air storage as the other buildings go up.The only two stipulations remaining are for Planning and Zoning to review the final plan development before building permits are issued,and the 33'portion of Hilton to be dedicated as right-of-way. Councilmember Barker asked if she or any of staff have been able to learn from the developers what their time limits might be. Associate Planner Kate Morris stated the last response to that question was they would build out as needed,as demand requires.The worst case scenario would be only the open air storage, the best case would be all three phases. Councilmember Barker confirmed the first things done are the outside the wall and the landscaping. Associate Planner Kate Morris agreed the exterior improvements would be done first,then the retail shops,then the mini -storage (all would be guaranteed),and the rest would be open air storage screened by the wall. Councilmember Durbala confirmed the retail shops would be built first. Associate Planner Kate Morris stated that was correct. Councilmember Durbala wanted to clarify they would not end up with just an open air lot. Associate Planner Kate Morris and Councilmember Durbala discussed phase one as the front retail area,Building E and Building D,which are the first two storage building directly north of the retail shops,and the masonry wall and landscaping,as being up before any occupancy. Councilmember Surra and Associate Planner Kate Morris discussed the one way lane and parking and how the traffic flow would be affected.Associate Planner Kate Morris stated it could be something to look at during final phases. Councilmember Barker asked if Planning & Zoning would be asking them about their time factor during final review. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 11 OF 18 Associate Planner Kate Morris stated it could be if it is not taken care of at this point.Normally during final review they review the final product,so alterations need to be known beforehand,or a time stipulation should be adopted,amending the resolution to reflect that time frame,or speak to the applicants to see if they have a time frame now in mind. Steve Cochran addressed the council. Time frame questions are unanswerable at this time.Half of Building F is included in phase one.The developer wants to get going on this project.The developer believes the landscaping is a little bit of an "overkill".They are hoping to see if any of the hundred foot right-of-way can be used in the future for parking.They will build as the demand is there. City Engineer Gordon Grandy and City Attorney Glenn Gimbut discussed the ordinance under Section 1,item number 2, and permits. Councilmember Barker stated the concern was seeing only phase one after twenty years.She would rather see Hilton Road portion being done at the earliest convenience. Councilmember Surra wanted to know if the owner would have a problem if the open air storage would not be allowed after a certain amount of time,regardless of how far along the deveopment is. Steve Cochran stated the owner had heard of the need for RV storage and it had crossed his mind,including having enclosed unit RV storage. City Manager Curtis Shook is concerned about this becoming a "glorified garage".He advised putting a time limit on the beginning of phase two,and if phase two has not started by then, to declare the open air storage null and void. Councilmember Barker commented on an RV being taller than the wall,and if roofs are placed above them they will be even higher than the wall,which would not enhance the area. City Manager Curtis Shook stated this was also a staff concern.They are wondering if the owners will determine it is more profitable for an open air storage and decide to turn it into an open air storage.This is not what was proposed to the staff. City Attorney Glenn Gimbut suggested a third stipulation be added to the city manager's suggestion,and the stipulation be that the use of open air storage be allowed on this property for a period of no longer than a set period of time and set a hard date,like twelve months or eighteen months.This is a planned development concept, REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 12 OF 18 under planned development you can decide certain uses within that zone may not be allowed. City Engineer Gordon Grandy asked if the project would be paved or be in gravel. Steve Cochran stated it would be paved. City Manager Curtis Shook stated his concern for the applicant possibly changing the intent of the project and recommended the council be real clear on the time frame.Typically something along this line would be no more than six months from the time they began open storage. Vice Mayor Richmond asked if the blacktopping would all be done in the initial phase. Steve Cochran stated they would be blacktopping as they are working their way back. City Clerk Kathleen Connelly asked if the council would have to be specific as to a beginning point from which they would calculate the time frame. City Attorney Glenn Gimbut stated they would,and he suggested one year from the effective date of the ordinance. the council phases,and City Manager Curtis Shook cautioned that this came to staff as a planned development,but is now in it troubles him the developer may be changing the concept. Steve Cochran stated they heard about the need for RV storage here among different departments in the city. The other concepts are just being talked about. Councilmember Barker reiterated the RV type storage was not on the plans and that was the kind of storage they were looking at. Steve Cochran stated their plan would be whatever the council told them it would be.He did not realize the council would be against the RV storage here. Councilmember Barker wondered if any open air storage had to be allowed before the other stages were completed. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 13 OF 18 City Attorney Glenn Gimbut stated the council can determine the property can not be used for any type of open air storage. There was a general discussion of the council about whether to allow a few "lots of storage"or none at all. Development Services Director Larry Harmer stated at build out there would be no place to do the storage as there would be no room.The RV storage is news to his staff as it had never been mentioned before.The rezoning could still be continued as council is not approving the final plan tonight,and staff is now aware of how the council feels on this project. Mayor Coleman opened the item up for the public hearing.There being no one wishing to speak on the item,he closed the public hearing. Mayor Coleman opened the item to further discussion for the council,hearing none he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO.953 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No.953,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-96-06 FROM GR (GENERAL RURAL,SINGLE FAMILY RESIDENTIAL,1.25 ACRE MINIMUM PARCEL SIZE)TO C-3/PD (GENERAL COMMERCIAL/PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilmember Barker MOVED THAT ORDINANCE NO.953,AS READ BY THE CITY CLERK,BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 14 OF 18 Vice Mayor Richmond SECONDED THE minute break. Mayor Coleman Mayor Coleman called for a ten reconvened the council meeting. PROPOSED RESOLUTION 96-18,ABANDONMENT AB -96-01,ABANDONMENT OF A PORTION OF 20TH AVENUE AND A PORTION OF PALO VERDE DRIVE IN CONJUNCTION WITH RENAISSANCE POINT SUBDIVISION ) )Development Services Director Larry Harmer briefed the council on the item.This abandonment will create a better street layout and will deter speeding.It has been recommended for approval by the Transportation Board. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak on the item,he closed the public hearing. Mayor Coleman opened the item to discussion by the council.There being no discussion he called for a motion. Councilmember Barker MOVED THAT PROPOSED RESOLUTON NO.96-18,A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL FOR THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN DEDICATED RIGHT-OF-WAY DESCRIBED AS A PORTION OF 20TH AVENUE AND A PORTION OF PALO VERDE DRIVE DESCRIBED IN ABANDONMENT CASE AB -96-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY VACATED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENT OF INTERIM PRESIDING MAGISTRATE AND APPROVAL OF CONTRACT AND/OR ADDITIONAL DIRECTION TO STAFF ) )Mayor Coleman commended the staff on the quality of the applicants they had interviewed. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 15 OF 18 Mayor Coleman opened the item up for discussion by the council. Councilmember Barker commented the council saw eight highly qualified,very professional people during the interviews. Mayor Coleman closed the discussion as there were no more comments and called for a motion. Councilmember Hendricks MOVED THAT WE APPOINT DAVID ARROW AS AN INTERIM PRESIDING MAGISTRATE TO SERVE UNTIL CITY COUNCIL SELECTS A PRESIDING MAGISTRATE WITH A TERM OF OFFICE AS CONTEMPLATED BY SECTION 5-2-1 OF THE CITY CODE,SAID PERIOD OF TIME TO NOT EXCEED SIX MONTHS;AND THAT THE FORM OF CONTRACT FOR THE INTERIM PRESIDING MAGISTRATE IS APPROVED; AND THAT THE ANNUAL BASE SALARY RATE FOR THE INTERIM PRESIDING MAGISTRATE BE SET AT $45,000 PER YEAR;AND THAT THE MAYOR IS HEREBY AUTHORIZED TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY;AND THAT THE HONORABLE JAMES DON,PRESIDING JUDGE OF THE PINAL COUNTY SUPERIOR COURT BE NOTIFIED OF OUR APPOINTMENT WITH THE REQUEST THAT THE COURT,USING ITS ADMINISTRATIVE POWERS,ALSO APPOINT DAVID ARROW AS INTERIM PRESIDING MAGISTRATE OF THE APACHE JUNCTION MAGISTRATE COURT PURSUANT TO ADMINISTRATIVE ORDER NO.96-13 OF THE PINAL COUNTY SUPERIOR COURT. Vice Mayor Richmond SECONDED THE MOTION. VOTE:2-4 (Councilmember Durbala,Councilmember Barker,Councilmember Surra and Mayor Coleman voted in opposition.) The motion failed. Councilmember Durbala MOVED THAT WE APPOINT DAVID F.ALEXANDER AS AN INTERIM PRESIDING MAGISTRATE TO SERVE UNTIL CITY COUNCIL SELECTS A PRESIDING MAGISTRATE WITH A TERM OF OFFICE AS CONTEMPLATED BY SECTION 5-2-1 OF THE CITY CODE,SAID PERIOD OF TIME TO NOT EXCEED SIX MONTHS;AND THAT THE FORM OF CONTRACT FOR THE INTERIM PRESIDING MAGISTRATE IS APPROVED; AND THAT THE ANNUAL BASE SALARY RATE FOR THE INTERIM PRESIDING MAGISTRATE BE SET AT $45,000 PER YEAR;AND REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 16 OF 18 THAT THE MAYOR IS HEREBY AUTHORIZED TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY;AND THAT THE HONORABLE JAMES DON,PRESIDING JUDGE OF THE PINAL COUNTY SUPERIOR COURT BE NOTIFIED OF OUR APPOINTMENT WITH THE REQUEST THAT THE COURT,USING ITS ADMINISTRATIVE POWERS,ALSO APPOINT DAVID F.ALEXANDER AS INTERIM PRESIDING MAGISTRATE OF THE APACHE JUNCTION MAGISTRATE COURT PURSUANT TO ADMINISTRATIVE ORDER NO.96-13 OF THE PINAL COUNTY SUPERIOR COURT. Councilmember Surra SECONDED THE MOTION. VOTE:4-2 (Councilmember Hendricks and Vice Mayor Richmond voted in opposition.) The motion carried. Mayor Coleman commented his vote did not reflect on Mr.Arrow,he just felt Mr.Alexander to be the best qualified at this time. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 1,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 2,1996,IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 8:55 p.m. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 17 OF 18 )Mayor Coleman adjourned the Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of June 4,1996. 3.Recognition of outstanding service to the community by city employees. ACCEPTED THIS 2ND DAY OF COUNCIL OF THE CITY OF APACHE SIGNED AND ATTESTED TO THIS ATTEST: HLEEN CONNELLY City Clerk JULY7 ,1996,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 3RD DAY OF JULY DOUG Mayor CITY COUNCIL MINUTES CERTIFICATION ,1996. 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 18th day of June,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of June,1996. REGULAR MEETING OF THE CITY COUNCIL JUNE 18,1996 PAGE 18 OF 18