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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. REGULARiMEETING OF THE CITY COUNCIL 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. REGULAR MEETING OF THE CITY COUNCIL 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 REGULAR MEETING OF THE CITY COUNCIL 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 REGULAR MEETING OF THE CITY COUNCIL 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. REGULAR MEETING OF THE CITY COUNCIL 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. REGULAR MEETING OF THE CITY COUNCIL 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. REGULAR MEETING OF THE CITY COUNCIL 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. REGULAR MEETING OF THE CITY COUNCIL 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. REGULAR MEETING1ff THE CITY COUNCIL MARCH 16,,1993 PAGE 121ff 18 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