HomeMy WebLinkAbout1993-03-16 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
MARCH 16,1993
The regular meeting of the City Council of the City of Apache Junction,
Arizona,was held on March 16,1993 at the Apache Junction City Council
Chambers pursuant to the notice required by law.
CALL TO ORDER
Mayor Damiano called the meeting to order at 7:00 p.m.
INVOCATION
Vice Mayor Eidson gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilwoman Alger led the Pledge of Allegiance.
ROLL CALL
Councilmen Present:Mayor Damiano
Vice Mayor Eidson
Councilwoman Barker
Councilman Perkins
Councilwoman Alger
Councilman Coleman
Councilman Cox
Staff Present:
Others Present:
City Manager Michael R.Lee
City Clerk Kathleen Connelly
City Attorney Glenn Gimbut
Assistant City Manager George Hoffman
Public Safety Director Bill McDaniel
Public Works Director Rich Broman
City Engineer Gordon Grandy
Planning Division Manager Jim Nakagawa
Associate Planner Rudy Esquivias
Associate Planner Rodney Class -Erickson
Parks and Recreation Director Jeff Bell
Rodney Rock,1474 W.2nd Ave.,Apache Junction
Floyd Kenison,2292 N.Ironwood Dr.#85,Apache
Junction
Arthur Derham,6250 E.Foothill St.,Apache
Junction
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 1 OF 18
Harold Brumbaugh,2935 E.18th Ave.,Apache
Junction
ACCEPTANCE OF CONSENT AGENDA
)Councilwoman Barker MOVED THAT
ITEM NO.3 ON THE CONSENT AGENDA BE MOVED TO FOLLOW THE CITY MANAGER'S REPORT;
AND
THAT TOM KELLEY-DEVANEY AND ELMER JOE DURBALA BE APPOINTED TO THE PLANNING AND
ZONING COMMISSION FOR TERMS TO EXPIRE JUNE 30,1993 AND JUNE 30,1995
RESPECTIVELY;AND
THAT JAMES R.PALMER AND KRISTI MOYLE BE APPOINTED TO THE PARKS AND RECREATION
COMMISSION FOR TERMS TO EXPIRE JUNE 30,1994 AND JUNE 30,1995 RESPECTIVELY.
Councilwoman Alger SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
AWARDS,PRESENTATIONS AND COMMUNICATIONS
Mr.Richard Dick Carr,6128N.28th
St.,Phoenix,updated the Council on the status of the Community Facilities
District.He showed a map of the designated areas of those who have expressed
an interest in the process of the Community Facilities District but who have
not committed themselves to hook up to the system.
dump the stuff.
Mayor Damiano asked where would they
Mr.Carr answered that it is first
hauled to the edge of the sewer location where it is placed on a concrete slab
and decomposed;after it's thoroughly dried it is then hauled and used as a
livestock feed or a soil enrichment.
Mr.Ray Harlan asked who conducts
the sale of that material.
Mr.Carr answered that this system
is a not -for-profit process,so any revenue received from the sale of the
material goes back to the district and it translates into presumably lower
rates,but it is better to get rid of this type of material.
Mr.Ray Harlan in the audience asked
what would happen to the treated affluent.
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MARCH 16;1993
PAGE 2 OF 18
Mr.Carr answered that adjacent to
the wastewater treatment plant there will be filtration ponds which will allow
the treated affluent to filtrate back into the ground water legally and it
could be used by the city as credits for their water requirement;or,perhaps
more efficiently,it could be piped back into the city and sold for irrigation
water for agricultural and recreational purposes.
Mr.Carr answered a question from a
woman in the audience stating that in the past wastewater treatment plants
were funded by federal grants and as a consequence there was no real incentive
for people to look for an efficient and less costly way of processing
wastewater;that this community has decided in the past not to seek those
kinds of funds and they are no longer available.So,industries such as this
are looking for ways to treat wastewater more efficiently and less costly.He
stated that the overall budget is estimated at $23,000,000.He explained what
the individual user cost would be.
Mr.Harold Brumbaugh,2935 E.18th
Ave.,asked Mr.Carr who is going to pay for the main line laid in the middle
of the road before it branches out to the properties.
Mr.Carr answered that by paying the
connection fee and the monthly fee there are no other obligations to the
district.He explained that the assessment he mentioned is not in the form of
a tax but in the form of an assurance that "if you fail to pay those monthly
fees the district has a way to collect it."
Mr.Brumbaugh replied that Mr.Carr
did not answer his question,who pays for the main line in the middle of the
road.
district pays for the main lines.
get the money.
Mr.Carr replied the facilities
Mr.Brumbaugh asked where do they
Mr.Carr answered that they get the
money from the customer's monthly payments.
Mayor Damiano brought the meeting to
order and suggested that Mr.Brumbaugh and Mr.Carr discuss this issue at
another time.
Mr.Carr informed the Council that
they are having several public meetings in the city where public questions and
concerns will be answered.
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MARCH 16,1993
PAGE 3 OF 18
Vice Mayor Eidson referred to
information provided by Mr.Carr and pointed out the high cost for commercial
areas.
Mr.Carr explained that commercial
establishments have high rates because they tend to put things in the system
that are very difficult to treat,but these establishments may be able to put
in a pre-treatment system and then the rates can be adjusted down.
Vice Mayor Eidson asked if the rates
for Mobile Home Parks have been discussed with them.
Mr.Carr answered that they are just
starting to meet with them.
Vice Mayor Eidson stated that he
would not like to have a lien on any of his properties;if he owes something
then it's okay,but if he doesn't,then he would not like to have a lien on
his property.
Mr.Carr replied that if that is a
concern anyone who wants can pay that amount up front and it would be the end
of it.
CALL TO THE PUBLIC
Mr.Arthur Derham,6250 E.Foothill
St.,addressed the Council regarding an accident he was involved in on March
4th and the prompt response he received from the Police Department.He
thanked and commended the department.
CITY MANAGER'S REPORT
City Manager Mike Lee reported to the Council on several construction
projects.He stated that paving at the Broadway and Delaware intersection has
started and the project should be completed next week;that the traffic light
at Tomahawk and Old West Highway will be in operation next week;and that the
clean up of debris caused by the heavy rains still continues.
Mr.Lee informed the Council that an intergovernmental agreement with
the Town of Gilbert that started a year ago was completed.He explained that
the Town of Gilbert did street striping for Apache Junction and the City did
paving for the Town of Gilbert.
RESOLUTION 93-04:PRIMARY ELECTION
CANVASS OF VOTES
)City Clerk Kathleen Connelly
briefed the Council on the Canvass of Votes resolution.She stated that
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MARCH 16,1993
PAGE 4 OF 18
Arizona Revised Statutes requires that within six and fifteen days following
an election,the appropriate governing body,which in this case is the City
Council,convene and canvass the votes.She explained that the canvass of
votes is simply an acceptance of the results of the election and State law is
very specific as to what must be contained in the canvass.She stated that
even though the law does not say the canvass must be in the form of a
resolution,for the preservation of the record that has not been only Apache
Junction procedures but for the cities and towns throughout the State of
Arizona.She stated that following this Council action and following the
appropriate filing of financial statements on the part of candidates,
candidates will be issued either a certificate of nomination or a certificate
of election.
City Attorney Glenn Gimbut briefed
the Council on the additional proposed motion.He stated this was a possible
action to recount votes for one or more offices;that at the present time the
results of the election appear to show there is a two -vote difference between
Henry Steelsmith and Thomas Damiano in the race for mayor,making a difference
as to who qualifies for the run-off at the General Election.He explained
that the option they have is to certify certain facts to the Superior Court
for a recount of that particular race between those two particular candidates
and determine what the true count is.
Councilwoman Barker MOVED THAT
RESOLUTION NO.93-04,CONDUCTING AND ACCEPTING THE OFFICIAL CANVASS OF VOTES
FOR THE APACHE JUNCTION PRIMARY ELECTION HELD MARCH 9,1993,BE APPROVED.
Councilwoman Alger SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
Councilwoman Barker MOVED THAT
BECAUSE THE CANVASS OF RETURNS OF THE PRIMARY ELECTION SHOW THAT THE MARGIN
BETWEEN TWO CANDIDATES FOR THE OFFICE OF MAYOR,NAMED AS THOMAS DAMIANO AND
HENRY STEELSMITH DOES NOT EXCEED TEN VOTES,AN AUTOMATIC RECOUNT OF THE VOTE
UPON SUCH CANDIDATES BE REQUESTED THROUGH SUPERIOR COURT,AND THAT THE CITY
COUNCIL HEREBY DIRECTS THE APPROPRIATE STAFF THAT SUCH FACTS BE CERTIFIED TO
THE SUPERIOR COURT REQUIRING A RECOUNT IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 12 CHAPTER 4 TITLE 16 OF THE ARIZONA REVISED STATUTES.
Vice Mayor Eidson SECONDED THE
MOTION.
Vice Mayor Eidson commented that he
was under the assumption that we had something similar to State and County law
regulations governing the City but apparently we don't;that the County and
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MARCH 16,1993
PAGE 5 OF 18
State say something to the effect that if there is less than a ten.vote
difference,then a recount of those votes is automatic.He stated that he
would like that the Council,at some point,pass whatever is necessary and put
that as part of our city code or where it would actually belong;that he feels
that anything other than what the County and State and Federal have as a
regulation,it probably should be our regulation also.
City Clerk Kathleen Connelly
requested that the Council indicate in the motion where the funds for this
would be coming from.
Councilwoman Barker ADDED THAT THIS
COME OUT OF CONTINGENCY FUND IF THAT IS A POSSIBILITY.She asked the City
Manager if that is something we can do.
City Manager Mike Lee answered yes.
Vice Mayor Eidson AGREED TO THAT.
VOTE:In favor:Councilwoman Barker,Vice Mayor Eidson,Councilwoman Alger,
Councilman Coleman.
Councilwoman Alger stated that as an
incumbent candidate this is a very sensitive issue,but that in fairness to
accuracy of the count to us and to the public,that she would like to vote in
favor.
Opposed:Councilman Perkins,Councilman Cox.
Abstained:Mayor Damiano.
The motion carried.
PUBLIC HEARINGS
ORDINANCE NO.844,PZ-8-92,PLANNED
DEVELOPMENT MAJOR AMENDMENT REQUEST
BY WINDSONG MOBILE HOME PARK
)Planning Division Manager Jim
Nakagawa briefed the Council on this item stating this item was postponed in
November 1992;that Windsong MHP was seeking approval to allow recreational
vehicles in their park which is restricted to HUD mobile home units;that the
Council was advised in November that the park was in bankruptcy proceedings
and the applicants would know at this time whether they would get the park
back or not.
Mr.Ed Grundstrom,P.O.Box 88,
Novato,CA.,informed the Council they will continue with ownership of the
park.He stated that their park is the only one in Apache Junction that is
restricted from having RV or park models.He explained that they turn down
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 610F 18
many of these each year and it is a share of the market they would like to
participate in,particularly in view of their reorganization it is critical
that they increase the amount of cash flow in the park.He stated that no one
in the park objects to this change and he further explained in detail their
situation financially and in comparison to other parks.
are some petitions against the request.
residents of the park.
Councilman Coleman pointed out there
Mr.Grundstrom replied they were not
Councilman Coleman asked if the RV
spaces were going to be for overnight guests.
Mr.Grundstrom answered no,that
they wouldn't want to take them for less than 30 days.
Councilwoman Alger mentioned that
Mr.Grundstrom spoke of certain stipulations that have been taken care of.
She asked if those are stipulations recommended by city staff.
Mr.Grundstrom answered that staff
indicated there were some units in the park that were not skirted and others
that appeared to be junk units and those have already been skirted or removed
or repaired.
Councilwoman Alger asked if all the
units were skirted now.
Mr.Grundstrom answered no,there
are still three that are not;two of them moved in within the last two weeks
and one of them will be skirted as soon as possible.
Councilwoman Alger listed several
other requirements that the park needed to conform with and asked if these
have been taken care of.
for the weeds because of the rains.
Mr.Grundstrom answered yes,except
Councilwoman Alger asked
Mr.Grundstrom why does he feel that the original purpose of a family park
with only HUD units did not succeed.
Mr.Grundstrom answered that it did
not succeed because of the economy which he explained.
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MARCH 16,1993
PAGE 7 OF18
Councilwoman Alger asked if he did
not feel that with the upswing in the economy and other mobile home lenders
things won't turn around.
Mr.Grundstrom answered that it
could happen.
Councilwoman Alger asked if he did
not feel that the way the park looked,the aesthetics of the park had anything
to do with people not wanting to come in.
Mr.Grundstrom answered he did not
think it had a great impact on it;it may have discouraged a few but they are
hopeful it will improve.
Vice Mayor Eidson asked the city
attorney that considering the grandfather rights,if the Council allows non-
HUD units in that park,are we accepting any liability as to anything that
might happen in that zone?
City Attorney Glenn Gimbut answered
that by approving non -HUD units we are not talking pre -1975 mobile homes;that
construction or design will meet regulatory authorities and he did not believe
by this act we will be creating a city liability.
Councilwoman Alger mentioned there
are two other family parks in that area and asked if those have RV spaces.
Mr.Nakagawa answered he did not
know.
Mr.Grundstrom replied yes,they do
have RV spaces.
Mayor Damiano noticed that there
were also junk cars in the park back in August 1992.
Mr.Grundstrom replied they have
been removed.
Mayor Damiano asked if the manager
is the same they have had for years.
Mr.Grundstrom answered no,this is
a new manager and that she is doing a good job.
Mayor Damiano stated that according
to the report they had a "bad name."
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 8 OF 18
working to overcome that.
Mr.Grundstrom replied that they are
Councilwoman Alger asked if the car
ports and covered patios was one of the stipulations in their planned
development.
Mr.Nakagawa answered that in their
typical space plan they indicated the setting up of either a single or a
double -wide unit with at least a car port on one side and a patio on the
other.
Councilwoman Alger pointed out that
the typical plan indicates there would be a cart port and a patio on every
unit in the park;that the typical plan is part of the planned development and
they have to do what is indicated in there.
Mr.Floyd Kenison,2292 N.Ironwood
Dr.,Space #85,stated there are people inside the park who oppose to allowing
RVs in the park and he spoke against this request.
hearing.
Mayor Damiano closed the public
Councilwoman Alger MOVED THAT
ORDINANCE NO.844 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE
ORDINANCE BE WAIVED.
Councilwoman Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
City Clerk Kathleen Connelly read,
"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,ALLOWING A PLANNED DEVELOPMENT MAJOR AMENDMENT FOR THE WINDSONG
MOBILE HOME PARK (CASE PZ-8-92)BY AMENDING REZONING ORDINANCE NO.245 TO
ALLOW SPACES 7 THROUGH 21 TO BE USED AS PARK MODEL RENTAL SPACES;REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY."
Councilwoman Alger MOVED THAT
ORDINANCE NO.844,AS READ BY THE CITY CLERK,BE DENIED.
Councilwoman Barker SECONDED THE
MOTION.
VOTE:Unanimous.
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MARCH 16,1993
PAGE 9 OF 18
The motion carried.
Mayor Damiano recessed the meeting
at 8:20 p.m.He reconvened the meeting at 8:37 p.m.
OLD BUSINESS
PERSONNEL POLICIES:DISCIPLINARY AND
APPEAL PROCEDURES
)Assistant City Manager George
Hoffman apologized to the Council for not having this item completed at this
time.
Councilwoman Alger MOVED THAT THIS
ITEM BE POSTPONED TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING (APRIL 6TH).
Councilwoman Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
APPOINTMENT OF MEMBERS TO GENERAL PLAN
TASK FORCE COMMITTEE
)Planning Division Jim Nakagawa
briefed the Council on this item stating that there were seven city residents
and five county residents who have applied.He reminded the Council they
decided to have a seven -member task force of which five of them would be city
residents.He mentioned that the applicants were present in the audience.
Associate Planner Rodney Class-
Erickson stated that another city resident picked up an application this
morning and that makes it eight city residents.
Councilwoman Barker asked for more
time to review the applications.
City Manager Mike Lee agreed that it
was a good idea to postpone this item and allow the Council some time to know
these applicants.
Councilwoman Alger asked if it would
be possible to meet these applicants at the work session prior to the next
regular Council meeting,so that the Council can talk to them and share what
the Council's intent is for the General Plan Update Task Force.
Some of the applicants present
introduced themselves to the Council.
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MARCH 16,1993
PAGE 10 OF 18
Councilwoman Alger MOVED THAT THIS
ITEM BE POSTPONED UNTIL THE NEXT SCHEDULED COUNCIL MEETING (APRIL 6TH)AND
THAT AT THE WORK SESSION ON APRIL 5TH THE COUNCIL MEET WITH CANDIDATES TO
SHARE THEIR INTENT ON THE UPDATING OF THE GENERAL PLAN.
Councilwoman Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
NEW BUSINESS
SUPERSTITION MOUNTAIN MENTAL HEALTH
CENTER'S REQUEST FOR FINANCIAL
ASSISTANCE
)Assistant City Manager George
Hoffman briefed the Council on this item and introduced Mr.Gary Selvy of the
Superstition Mountain Mental Health Center to address the Council.
Mr.Gary Selvy,Executive Director
of Superstition Mountain Mental Health,stated that SMMHC provides for the
behavioral health needs of the citizens of Apache Junction;that SMMHC
purchased the property at 150 N.Ocotillo from Pinal County and the building
has been completely renovated,and now,serves at their out -patient department.
Mr.Selvy stated that SMMHC applied for funding from the Pinal-Gila Behavioral
Health Association for remodeling of the facilities and they received
$290,000,but they finished $33,000 over budget.He stated that SMMHC is
asking the City to participate in half of the cost override.He further
briefed the Council about the operation of the Mental Health Center.
Councilman Perkins referred to the
change orders that Mr.Selvy mentioned which were necessary to meet the
building codes and caused the override.He asked if the plans were submitted
and approved by architectural firms and County or City Planning and Zoning.
Mr.Selvy answered yes and explained
that an item had to do with a valve necessary in the sprinkling system;that
in the initial planning they were told there might not be any cost for that
but later in the project it was presented to them otherwise;it was about
$8,000 they had not anticipated.
Councilman Perkins asked if they
have any other sources of income or funding to meet this shortfall.
Mr.Selvy answered SMMHC did not
have any other capital funds at this point.
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MARCH 16,1993
PAGE 11 OF 18
Councilman Perkins asked if there
were other places in their budget of the project,such as the furnishing,
where the money can come from now until they can make the proper request next
year.
Mr.Selvy answered that they have
done everything they can think of to meet these needs and explained that the
furnishing of the building is on a long-term lease which did not require cash
outlay.
Councilman Perkins commented he was
surprised that the budget override was due to uniform building code problems
at the end of the project;that if the plans were drawn by an architect and
approved in the proper manner these problems should have been caught before
the end of the project.
Mr.Selvy replied he would agree
with Councilman Perkins and they have looked at that too,but nevertheless the
bottom line is still the same.
Mayor Damiano commented favorably
about the need for the Mental Health Center.
Councilwoman Alger MOVED THAT THE
FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING SUPERSTITION MOUNTAIN MENTAL
HEALTH CENTER'S REQUEST FOR FINANCIAL ASSISTANCE,THAT THE $16,750 REQUESTED
BE APPROVED OUT OF CONTINGENCY FUNDS.
Councilwoman Barker SECONDED THE
MOTION.
VOTE:In favor:Vice Mayor Eidson,Councilman Coleman,Councilwoman alger,
Councilman cox,Councilwoman Barker,Mayor Damian°.
Opposed:Councilman Perkins.
FINAL PLANNED DEVELOPMENT APPROVAL FOR
MEGAFOODS (PZ-92-09)
)Planning Division Jim Nakagawa
briefed the Council on this item stating that the original plans approved by
the Council have slightly changed.He stated that the project will now be
built in phases with the MegaFoods store being the first phase.He further
explained in detail some of the issues raised.He explained the issue of a
proposed screening wall and landscaping area which the developer would provide
but without irrigation;that of the five property owners some have indicated
they are prepared to assume the responsibility for the maintenance of the
landscape.
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MARCH 16,,1993
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Mayor Damiano commented on a similar
problem with Roadhaven Resort regarding a wall.
Mr.Nakagawa briefed the Council
about the issue with Roadhaven Resort.
Mr.Andy Pulcifer,1521 W.Lawrence
Rd.in Phoenix,representing the developer of MegaFoods,offered to answer any
questions from the Council and to workout any solutions regarding the wall and
landscape issue.
Councilwoman Alger asked if indeed
some property owners of Azure Skies were willing to take care of the
landscape.
Mr.Nakagawa answered that it was in
response to Tom Master's concerns about the property owners perhaps disturbing
the vegetation that he installs.
Councilwoman Alger asked if
MegaFoods was still ultimately responsible for the landscape.
Mr.Nakagawa answered that was a
good legal question.
Councilwoman Alger stated that the
developer is normally the one who has to take care of it and not the other
property owners.
Mr.Nakagawa stated that concern
arose because of the placement of the 6 -foot wall;that Tom Masters is fearful
that once the screening wall is placed he will start to lose control of the
site and it also presents a landscape maintenance problem for him.
Councilwoman Alger stated that as
long as Mr.Masters can make an agreement with the property owners it is fine,
but what if the property owners changed and the new ones don't want to do it.
She stated there needs to be the understanding of who is really responsible
for it.
Mr.Pulcifer explained that at this
point the developer,Tom Masters,has worked out some compromise about this
wall that was originally sitting on the retaining wall and was eight feet.He
further stated that in lieu of having the 8 -foot wall facing the neighbor's
yard they were willing to move it back approximately eight feet which will
give the tiered -wall effect and put the landscaping on the neighbors'side.
He explained that the problem with it is the ongoing maintenance of the
landscaping which is difficult to control from the MegaFoods's side.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 13 OF 18
Mayor Damiano asked if the wall was
going to be on the east side of the property.
Mr.Pulcifer answered no,only on
the south side of the property.
City Engineer Gordon Grandy
explained the advantages of the bifurcated wall concept.He stated that the
landscaping is for softening the impact of the wall and one of the trade-offs
is that the property owners might have to agree to the maintenance of the
landscape.
Councilwoman Alger asked who will be
responsible to the City for maintaining the landscaping.
Mr.Grandy answered that he would
assume,because it is the developer's property,that he is technically liable
for the maintenance of it,but he would hope that the property owners would
take the initiative to keep the weeds down.
Vice Mayor Eidson commented that
actually the property owner is being given an extra 8 -foot that he can use
virtually as his own if he takes care of it.
length of that wall.
Mayor Damiano asked what is the
Mr.Pulcifer answered he believed
that the wall runs the length of the south property line of the first two lots
and on the west side the three lots that abut the property.
Mayor Damiano asked if the lower
wall is two feet plus another foot.
Mr.Pulcifer answered that he
believed the retaining wall will be two feet.
Mayor Damiano commented that some of
the people are elderly and might not be able to get over that wall to take
care of the landscaping,unless they have to walk around the end of the wall
to get in there.
considered that problem.
Mr.Pulcifer replied he had not
Mr.Rodney Rock,1475 W.2nd Ave.,
stated that if the developer puts an irrigation system and a shut-off valve in
case there is a problem,they would take care of that.He stated that he is
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 14 OF 18
basically the only person that is here year-round,but they are willing to
work with the developer.
Mr.Nakagawa delivered to the
Council a letter from the Swigarts who were not able to attend this meeting
but they do not object to this double wall,and they would be willing to take
care of the plants and trees.
Mr.Pulcifer stated that according
to the developer,if this double wall concept is accepted,they would provide
the neighbors with a letter of agreement with the provision that the use of
the property was free of charge;this would solve the problem of any adverse
position that would take place over the years.
Mayor Damiano asked if Mr.Pulcifer
knew anything about the other stores going in there besides MegaFoods.
Mr.Pulcifer answered that currently
the real estate people are involved with several prospective tenants but he
did not know who they are.
Mayor Damiano stated that the City
is being blamed for Walgreens not going in there but it's going to be built on
the other side of the county line.
Mr.Nakagawa asked Mr.Pulcifer if
he would make a brief presentation of what the shopping center is going to
look like.
Council the plans of the shopping center.
Mr.Pulcifer briefly showed the
Councilwoman Alger asked
clarification on the list of conditions by Planning for the building permit.
Mr.Nakagawa replied that Planning
is asking to accommodate MegaFoods by granting a conditional approval;that
is,all of the building codes,Engineering,and Planning and Zoning
requirements are satisfied;so,the building permit can be issued without
having to be reviewed or looked at again by the City Council.
Councilwoman Alger asked what are
the things that the Council normally looks at which they would be concerned
with or might want to change,but they might not get the opportunity to do so.
Mr.Nakagawa answered that unless
the project theoretically changed from the way it looked at the time of zoning
approval,he was not sure that the City Council needs to look at it again.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 15 OF 18
Councilwoman Barker MOVED THAT FINAL
PLANNED DEVELOPMENT AND THE BUILDING PERMIT FOR THE MEGAFOODS PROJECT,PZ-92-
09,BE APPROVED SUBJECT TO THE CONDITIONS STATED IN MEMORANDUM FROM THE
PLANNING DIVISION MANAGER TO THE CITY COUNCIL DATED MARCH 8,1993.
Councilwoman Alger SECONDED THE
MOTION.
Mr.Grandy pointed out that the
dollar figure stated in point two of the conditions was $7,890.00 and not
$7,800.00.
It ...$7,890.00 be paid...."
to that.
VOTE:Unanimous.
The motion carried.
COUNCIL DIRECTION TO STAFF ON=PROPOSED ,LEGISLATION OR ACTIONS'
None.
SELECTION OFMEETING-DATES,TIMES,LOCATIONS;AND PURPOSES
Mr.Gimbut added that i t should say
Councilwomen Barker and Alger agreed
Councilwoman Alger MOVED THAT AN
EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON
MONDAY,APRIL 5,1993 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL
CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON
TUESDAY,APRIL 6,1993 IN THE CITY COUNCIL CONFERENCE ROOM.
Councilwoman Barker SECONDED THE
MOTION.
VOTE:•Unanimous.
The motion carried.
INFORMATION AND REPORTS
Councilman Perkins informed the Council that tickets for the First
Annual Fire Fighters -Policemen's Ball were available for sale.
REGULAR'MEETING ,OF THE CITY COUNCIL
MARCH 16,1991
PAGE 16 'OF 18
ADJOURNMENT
meeting at 9:28 p.m.
Consent Agenda Items are as follows:
1.Acceptance of Agenda.
2.Acceptance of the Minutes of the Regular Meeting of
)Mayor Damiano adjourned the
ACCEPTED THIS 6TH DAY OF APRIL ,1993,BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 7TH DAY OF APRIL
ATTEST:
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY'COUNCIL
MARCW16,1993
PAGE 17OF 18
,1993.
THOMAS DAMIANO
Mayor
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 16th day of March,1993.I further certify
that the meeting was duly called and held and that a quorum was present.
Dated this 24rd day of March,1993.
KATHLEEN COgkELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
MARCH 16,1993
PAGE 18 OF 18