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HomeMy WebLinkAbout1990-02-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 6,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 6,1990,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:03 p.m. INVOCATION Councilman Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Assistant to the City Manager George Hoffman Director of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel City Engineer Gordon Grandy Director of Public Works Rich Broman Planning Division Manager Jim Nakagawa Assistant Planner Rudy Esquivias Operations Supervisor Doug Dobson Director of Library Pam Loui Housing & Grants Specialist Kurt Knutsen REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 1 Others Present:Mrs.Arlevia "Art"Snyder 705 Yavapai Circle,Rt.1 Box 315 Florence,AZ Mrs.Albina Dworshak Pirate's Cove Supper Club Ms Dale Howarth 330 W.9th Avenue Apache Junction,Arizona Ms Eileen Samis 330 W.9th Avenue Apache Junction,Arizona Mr.John Buchholz 10440 E.Dreyfus Scottsdale,AZ Mr.Paul Connolly 1935 S.Cactus Apache Junction,Arizona Ms Christy Moile 1024 S.Starr Road Apache Junction,Arizona Mr.George Osborn 3135 E.10th Avenue Apache Junction,Arizona Mrs.Harold Arvestall 1130 S.Starr Rd. Apache Junction,Arizona Mr.Stud Thurough 2621 E.12th Avenue Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -5 BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.90-01,LENDING SUPPORT TO ACTIVITIES CONTRIBUTING TO AND ENDORSING THE 25TH ANNIVERSARY CELEBRATION OF THE LAND AND WATER CONSERVATION FUND,BE APPROVED AND ADOPTED; AND THAT POLICE CAR BID BE AWARDED TO ARNOLDS IN THE AMOUNT OF $15,050.00; REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 2 AND THAT CONSIDERATION OF THE CLAIM AGAINST THE CITY SUBMITTED BY O'DELL & ASSOCIATES BE REJECTED; AND THAT ITEM NO.18 BE MOVED TO AFTER THE CITY MANAGER'S REPORT. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the Council meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly read a Proclamation for "World Understanding and Peace Day",brought to the Council by the Rotary Club. Mayor Bluntschly presented the Proclamation to a Rotary Club President Dale Bancroft. City Clerk Kathleen Connelly read a Proclamation for "Arizona Archaeology Week",which was at the request of the Arizona State Parks Commission. Mayor Bluntschly requested the Proclamation be sent to the State Parks Commission. Mayor Bluntschly stated that during the past year,the City has been without a City Manager and Director of Planning,but that those jobs were very capably handled by two employees as well as their own job.Mayor Bluntschly presented City Clerk Kathleen Connelly with a plaque for filling the position of Acting City Manager,and to Assistant to the City Manager George Hoffman for serving as Acting Director of Planning. City Clerk Kathleen Connelly stated that this was also possible due to a lot of other people helping out. Mayor Bluntschly agreed that there was a lot of effort from all the other staff,but these two employees were the ones that were really out front in taking the brunt. CALL TO THE PUBLIC Mrs.Arlevia "Art"Snyder,705 Yavapai Circle,Rt.1 Box 315,Florence, Arizona,addressed the Council asking for support in opposing the proposed REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 3 Medical Waste Incinerator to be place in Casa Grande,which is in Pinal County. Mrs.Snyder suggested that the City of Apache Junction also consider passing an ordinance to place restrictions on this type of industry,to keep Pinal County safe. CITY MANAGER'S REPORT City Manager Michael R.Lee brought the Council up-to-date on the CDBG Street Lighting project,stating that there are sufficient savings in the City budget to pay for the City's share of the cost of an estimated $106,000,and that there is a schedule for completing this project within the time limits -assuming that a six month extension will be granted from HUD. Director of Development Services Adriane Brown -White informed the Council that the extension has not been received as yet,and that after the required documentation is completed,this will be brought back to the Council for authorization. Mr.Lee further stated that this extension is critical to the project. Mr.Lee reported that a staff committee has been assigned to do a "space utilization study"for City offices,due to the new personnel coming on board and attempting to keep departments all together,and that once that recommendation is completed,the findings will be presented to the Council.Mr. Lee stated that staff has identified several sewage treatment options,and one of those is to connect into Mesa,but that hopefully within six weeks a strong recommendation from staff will be brought back to the Council. City Manager Michael R.Lee informed the Council that the recent Code Enforcement meeting brought up the continuing problem of litter and lack of beautification,with a "Clean Community"program being proposed,which is a comprehensive nation-wide program having an on -going continuous effort to clean up the community. Mayor Bluntschly asked City Clerk Kathleen Connelly to introduce the new staff member. City Clerk Kathleen Connelly introduced to the Council,staff and community, Mr.Craig Muesel who will be starting on February 20th as the Licensing Compliance Specialist. Mayor Bluntschly also introduced Mr.Gordon Grandy,the new City Engineer. PROPOSED RESOLUTION NO.90-02,OPPOSING PROPOSED STATE LEGISLATION TO REDUCE OR ELIMINATE THE DISTRIBUTION OF STATESHARED REVENUES TO CITIES AND TOWNS THROUGHOUT ARIZONA )City Clerk Kathleen Connelly REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 4 explained that the State Legislature is proposing tapping of the State -shared revenues currently distributed to cities and towns in order to alleviate the budget deficit,which includes sales tax,urban revenue sharing,and highway users.Ms Connelly further stated that i f these funds are cut,Apache Junction stands to lose approximately $3.1 million dollars,roughly one-third of our budget,and we must respond by contacting our Legislature representatives to oppose this measure. Ms Connelly suggested that citizens fill out the letters,as provided by the City and addressed the to State Legislature,which simply endorse this opposition to the issue.All letters will be mailed or delivered to the State at the same time. City Clerk Kathleen Connelly the resolution as follows: RESOLUTION NO.90-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,OPPOSING STATE LEGISLATION THAT WOULD REDUCE,ELIMINATE,OR LIMIT IN ANY WAY,THE DISTRRIBUTION OF STATE -SHARED REVENUES TO THE CITY OF APACHE JUNCTION. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: WHEREAS,the City of Apache Junction relies heavily upon state -shared revenues to provide essential services to our residents;and WHEREAS,the reduction,elimination,or limitation in any manner,of state- shared revenues would be devastating to the operation of the City of Apache Junction;and WHEREAS,the reduction,elimination,or limitation,of state -shared revenues would adversely impact the ability of the City of Apache Junction to meet the needs and insure the protection of the health,safety and welfare of our residents;and WHEREAS,residents of the City of Apache Junction are entitled to expect a return on the tax dollars that they provide to the state for programs and services;and WHEREAS,the $3.14 million dollar loss of revenue that could befall the City of Apache Junction could not be easily replaced by imposing additional local sales or other taxes as suggested by state legislators;and WHEREAS,the reduction,elimination,or limitation,of these state -shared revenues would force the City of Apache Junction to curtail services and activities in the areas of police protection,human service funding,library programs,parks and recreation programs,as well as other community -mandated services. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction,Arizona that we join together and inform our state legislators REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 5 of the devastating impact that would be brought upon our city by the reduction, elimination,or limitation in any way,of state -shared revenues. BE IT FURTHER RESOLVED that our community leaders,members of the business community and all citizens join with us in petitioning our state officials that such harmful legislation should not be considered for adoption. Vice Mayor Damiano MOVED THAT RESOLUTION NO.90-02,OPPOSING PROPOSED STATE LEGISLATION THAT WOULD REDUCE, ELIMINATE OR LIMIT IN ANY WAY,THE DISTRIBUTION OF STATE -SHARED REVENUES TO THE CITY OF APACHE JUNCTION,BE APPROVED AND ADOPTED. VOTE:Unanimous The motion carried. PUBLIC HEARINGS APPLICATION FOR SERIES 12 LIQUOR LICENSE,PIRATES COVE SUPPER CLUB applicant or spokesman is present? Councilman Cox seconded the motion. )Mayor Bluntschly asked i f the Mrs.Albina Dworshak,Apache Junction,asked i f there were any questions? There being no questions from the Council,Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to speak in favor of or in opposition to the application? There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SERIES 12 LIQUOR LICENSE,SUBMITTED BY MS ALBINA AGNES DWORSHAK,FOR PIRATE'S COVE SUPPER CLUB,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker seconded the motion. Vice Mayor Damiano commented that since living in Apache Junction,he has never heard of any problems with this establishment. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 6 The motion carried. APPLICATION FOR LOCATION TRANSFER OF LIQUOR LICENSE FOR KOZY KORNER applicant or spokesman is present? )Mayor Bluntschly asked i f the Ms Dale Howarth,330 W.9th Avenue, Apache Junction,made herself available for questions of the Council. Ms Eileen Samis,addressed the Council stating that having operated this type of business many times before, they have no desire to cater to unsavory elements,as this is not good business sense,and that a soup and sandwich business is what is proposed. Mayor Bluntschly asked i f there was anyone else who wished to address the Council in favor of or in opposition to the application?There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT THE APPLICATION FOR LOCATION TRANSFER OF A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MS DALE HELEN HOWARTH,FOR KOZY KORNER,BE RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker seconded the motion. Councilwoman Alger stated that this is not an appropriate location,since the other businesses are against it,and would not make for a good business relationship for any of the people in the complex.Councilwoman Alger added that this location is not suitable for this type of business. Vice Mayor Damiano agreed,due to the amount of people in opposition to the business. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 10 LIQUOR LICENSE FOR TEXACO REFINING AND MARKETING,INC.) applicant is present. Mayor Bluntschly asked i f the Mr.John Buchholz,10440 E. Dreyfus,Scottsdale,Arizona,addressed the Council stating that this is being transferred from Short Stop to Texaco. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 7 Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the application?There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY MR.JOHN T.BUCHHOLZ, FOR TEXACO REFINING AND MARKETING INC.,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. Vice Mayor Damiano commented that there has been a liquor license there for years,so there is no reason not to approve it. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.717, PZ-17-89,CONNOLLY )Assistant Planner Rudy Esquivias briefed the Council on the request for rezoning from General Rural to CR-2(MH) Single Family Residential on Smaller -Sized Lots/Manufactured Homes,of a 1.25 acre parcel located at the northwest corner of Starr Road and 12th Avenue,which was submitted by Connolly Realty & Associates.Mr.Esquivias stated that this Is designated in the General Plan as medium density,which does coincide with CR-2(MH)zonings,and added that the non -conforming use,a storage shed,has been removed. Mr.Esquivias informed the Council that there is quite a bit of opposition from neighbors,and protests on the grounds of flooding accompanied by protest petitions,requiring that the zoning has to be approved with a three-quarter vote of the Council.Mr Esquivias stated that staff and the Planning and Zoning Commission recommend approval of the rezoning,and that the problems will have to be dealt with at the time of splitting the parcel. Councilman Vehon wished to know what the repercussions would be,should the individual try to cover a wash. Mr.Esquivias stated that the applicant had reiterated at the Planning and Zoning Commission meeting that he will not cover up the washes,feeling that i t is illegal. Councilman Vehon reiterated his question. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 8 Director of Public Works Rich Broman stated that in that case,the wash is rerouted or unplugged by the property owner. Vice Mayor Damiano wished clarification that this case is not for a land split,but a rezoning. Assistant Planner Rudy Esquivias reiterated that this is a rezoning case. Mr.Paul Connolly,1935 S.Cactus, Apache Junction,stated that he is not trying to increase density in the area -it's pretty dense already,and it does comply with the General Plan. Mr.Connolly also stated that plugging up the washes would be illegal,and he has no intention of commiting illegal acts. Councilman Vehon asked i f Mr.Connolly had considered rezoning to CR-1(MH),rather than the CR-2. Mr.Connolly replied that he had not. Ms Christy Moile,1024 S.Starr Rd., Apache Junction,addressed the Council in opposition to the rezoning because of increased density with three lots on this property. Mr.George Osborn,3135 E.10th Avenue,Apache Junction,spoke in opposition to the proposed rezoning,feeling that this could cause a health hazard with three septic tanks on this property with the washes located nearby. Mrs.Harold Arvestall,1130 S.Starr Rd.,Apache Junction,addressed the Council,stating that the washes are located on her property,and should the applicant plug those it would cause flooding. Mr.Stud Thurough,2621 E.12th Avenue,Apache Junction,also owner of rental property at 2645 E.12th Avenue, Apache Junction,spoke in opposition to the application as the property was designed as a 1% acre parcel,and when developed as less than that could be a disaster. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.717 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 9 Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.717,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-17-89 FROM GR GENERAL RURAL TO CR-2(MH)SINGLE FAMILY RESIDENTIAL ZONE (MANUFACTURED HOMES PERMITTED);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.717,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. Councilwoman Barker commented the the concern of the citizens is appreciated and understood,however,the General Plan calls for medium density in this area and that this case is not a lot split,and will have to be considered on its own merit.Councilwoman Barker added that the washes will remain the same and i t is illegal for the applicant to fill them. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.718,AMENDING THE CITY CODE,ADDING THE DEPARTMENT OF COMMUNITY SERVICES )City Manager Michael R.Lee explained that Ordinance No.718 is to amend the City Code,bringing the Code into compliance with actual operation,as the Community Services Department has been a separate department from Public Works Department for some time.Mr.Lee additionally recommended that the Ordinance be amended,changing the title of the Community Services Department to Parks and Recreation in order to eliminate confusion as to what the department is. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 10 Councilwoman Barker MOVED THAT ORDINANCE NO.718,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damian°seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.718,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION,BY ADDING ARTICLE 3-13, DEPARTMENT OF COMMUNITY SERVICES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.718,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THE WORDS "COMMUNITY SERVICES"BE DELETED WHEREVER THEY OCURR,AND REPLACED BY THE WORDS "PARKS AND RECREATION". Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.719,AMENDING THE CITY CODE,CONTRACT PROCEDURES,SURPLUS SUPPLIES AND EQUIPMENT )City Clerk Kathleen Connelly explained that Council previously discussed making changes in the Code that would allow a different method of disposing of unclaimed bicycles,and Ordinance No.719 allows for those bicycles to be dispensed to nonprofit or charitable organizations who have IRS determination and that the bicycles remain in City possession for 91 days.Ms Connelly further suggested that Subsection B be changed to insert the word "or"after "nonprofit"in place of the comma,to allow the bicycles to be dispensed to nonprofit or charitable organizations but leave discretion to the Police Department in the event that neither of these remedies are available. Mayor Bluntschly opened the hearing to the public,and asked i f there is anyone who wished to speak in favor of or REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 11 in opposition to the ordinance.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.719 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.719,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3,AMINISTRATION,BY ARTICLE 3-7 CONTRACT PROCEDURE SECTION 3-7-4 SURPLUS SUPPLIES AND EQUIPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.719,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: IN SECTION 3-7-4,SUBSECTION B,THAT PRECEEDING THE WORD "CHARITABLE"THE COMMA BE DELETED AND THE WORD "OR"INSERTED,IN ALL THREE INSTANCES. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. CUP -3-88,FULLER, REQUEST FOR TIME EXTENSION )Associate Planner/Deputy Director Jim Nakagawa briefed the Council on the request for a one-year time extension for a previously -approved Conditional Use Permit,south of McDonalds Restaurant area,for a sewage treatment plant.Mr.Nakagawa stated that staff in conjunction with the Engineering Consultants had developed a set of stipulations that would be effective with dealing with the nuisance type of complaints,and those should remain effective,and added that the recommendation from both the Planning and Zoning Commission and staff is for approval of the time extension. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 12 Councilman Cox asked if any construction has been done at all on the site. Mr.Nakagawa replied that there has not been anything done,and that the applicant is having problems putting together their financing package which is the reason for this request. Councilman Cox commented that he would be in favor of the extension,however i f nothing is done within the next year of considerable amount,the permit should be cancelled. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT A ONE-YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT CASE CUP -3-88,A PREVIOUSLY APPROVED REQUEST OF JUDD AND LYNDA FULLER FOR A 15,000 GALLON CAPACITY SEWAGE TREATMENT PLAN TO SERVICE A 46 -UNIT APARTMENT COMPLEX AT 161 S.DELAWARE DRIVE, BE APPROVED,WITH THE SIPULATIONS AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION AND STAFF. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:23 p.m. Mayor Bluntschly reconvened the meeting at 8:37 p.m. OLD BUSINESS RECONSIDERATION OF PREVIOUS COUNCIL ACTION ON CACTUS WREN/GOLDFIELD ROAD ) )Councilman Vehon MOVED THAT THE PREVIOUS COUNCIL ACTION ON CACTUS WREN/GOLDFIELD ROAD,BE RECONSIDERED. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson,Vice Mayor Damiano REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 13 Opposed:Mayor Bluntschly The motion carried. City Engineer Gordon Grandy explained that access to property owned by Mr.Robinson on Cactus Wren,however, access could be provided to him on Goldfield Road.Mr.Grandy stated that Mr. Robinson did not like that option,and that the physical blocking off of the road would revert the road to private property.Mr.Grandy explained that there is a potentiality of people accustomed to using the road,still traversing the route resulting in the same situation,and suggested the better solution of physically closing the road which has already been done,with a barricade,after Mr.Robinson's property. Councilman Eidson commented that Mr.Robinson had stated that it didn't matter what the Council did in this case. Mr.Grandy replied that in the meeting,which Mr.Robinson had been asked to attend,along with Mr.Cruise, Councilman Vehon,and himself,Mr.Robinson voiced an objection. Engineering Secretary Theryn Hansen further explained that Mr.Robinson requested an explanation of what the Council had done,which was provided to him,prior to that meeting. Mayor Bluntschly stated that abandoning this easement does not "land -lock"this individual -there are other accesses,and considering safety issues,this would be a wise action. Vice Mayor Damiano stated that Mr.Robinson had indicated in the past that he did not want the slope cut. Director of Public Works Rich Broman confirmed this,stating that when Mr.Robinson was asked to move his fence back so that the slope could be cut down,he refused to do so. is in the public easement. inches plus or minus. Mayor Bluntschly asked i f the fence Mr.Broman replied that i t is by six Councilwoman Alger asked how easy i t would be to provide access off Goldfield to the property. Mr.Grandy replied that the slope would be almost as bad as at Cactus Wren,with a north access to Goldfield Road, because of a visibility problem. Councilman Cox asked i f there is going to be a fence placed across Cactus Wren,to prevent bicycles going over the berm into Goldfield Road. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 14 Mr.Grandy replied that either Mr.Cruise or Mr.Robinson had made that suggestion,and would most easily be the thing to do,suggesting that the Operations Department put that in. Councilman Vehon commented that the initial concern was that the abandonment was being accomplished without surrounding property owner approval,and that Mr.Robinson seems to have legitimate concerns with having his driveway closed off. there would still be access to his property. Mayor Bluntschly pointed out that Councilman Vehon suggested only abandoning from Wagonwheel to Goldfield,which would allow Mr.Robinson to utilize the existing driveway,and would cut off the problem portion along with the fencing that was suggested. Councilman Vehon added that should the four property owners come up with another solution in the future,they can come in and request the abandonment of the rest of Cactus Wren. Councilman Vehon MOVED THAT THE FOLLOWING ACTION BE TAKEN IN REGARDS TO CACTUS WREN/GOLDFIELD ROAD: THAT WE ABANDON THE SECTION FROM THE EASTERN RIGHT-OF-WAY OF WAGONWHEEL TO THE WESTERN RIGHT-OF-WAY,WHICH WOULD BE 50 FOOT FROM THE CENTERLINE OF GOLDFIELD, AND THAT WE ALSO,ALONG WITH THE EXISTING BURM THAT THE CITY HAS PLACED AT THE INTERSECTION OF CACTUS WREN AND GOLDFIELD,PLACE A CHAIN LINK FENCE OR EQUAL TO PREVENT ANY TYPE OF ACCESS THROUGH THAT INTERSECTION. motion. Councilwoman Alger seconded the Vice Mayor Damiano asked i f this was o leave open Hilton to Wagonwheel,on Cactus Wren. is what this is suggesting. would be placed in two different locations. at the Goldfield/Cactus Wren intersection. would be placed on the fence also. Mayor Bluntschly replied that that Councilman Eidson asked i f the fence Councilman Vehon' replied that only Mr.Broman explained that reflectors Mr.Grandy commented that there would have to be address changes with the abandonment,for both Mr.Robinson and Mr.Cruise. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 15 City Attorney David Alexander asked i f the previous action included direction to prepare an ordinance to remove the stop sign. Mayor Bluntschly replied that this direction was given at the previous meeting,and the action tonight is in addition to that direction. Councilman Vehon commented that this was the intent. Vice Mayor Damiano asked i f the fence will be sufficient. Mr.Broman commented that fence and barricade could both be put up,i f the Council desires,but that if Mr.Cruise changes his driveway i t isn't clear how those will all tie in. Mr.Grandy stated that the City should put up fencing for the kids,barricades for traffic,and should Mr.Cruise Cruz change his driveway,i t should be up to him to tie i t all in together. VOTE:Unanimous The motion carried. RECONSIDERATION OF PREVIOUS ACTION ON PERSONNEL REVIEW BOARD RECOMMENDATION (APPEAL FILED BY DONALD FINCH) )Councilman Eidson MOVED THAT THIS ITEM BE POSTPONED UNTIL THE NEXT MEETING OF FEBRUARY 20,1990,AND THE CITY ATTORNEY BE DIRECTED TO RENEGOTIATE WITH MR.FINCH BEFORE THAT MEETING. Councilman Cox seconded the motion. Councilwoman Alger commented that she doesn't agree with postponing this again. VOTE:In Favor:Councilman Cox,Councilman Eidson,Vice Mayor Damiano, Mayor Bluntschly Opposed:Councilwoman Barker,Councilwoman Alger,Councilman Vehon The motion carried. APPROVAL OR REJECTION OF RECOMMENDATION MADE BY THE ARIZONA DEPARTMENT OF REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 16 TRANSPORTATION TO PROHIBIT NORTH -SOUTH LEFT TURNS AT THE U.S.HIGHWAY 60 AND IRONWOOD DRIVE INTERSECTION ) )Mayor Bluntschly stated that there has been quite a lot of discussion in the past on this item,and called for a motion. Councilwoman Alger MOVED THAT THE SOLUTION OF ADDING FIVE SECONDS TO THE GREEN TIME AT U.S.60 AND IRONWOOD DRIVE, INITIATED BY THE ARIZONA DEPARTMENT OF TRANSPORTATION BE ACCEPTED,AND NO OTHER ACTION TAKEN AT THIS TIME. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. DESIGN CONCEPT REPORT FOR ARIZONA DEPARTMENT OF TRANSPORTATION PROJECT S-214-309,IDAHO ROAD AND STATE ROUTE 88 ) )Director of Public Works Rich Broman explained that the Design Concept Report was submitted indicating that the State wished to do something other than the Council recommendation,and the State has requested that this be postponed,and that they will have another public meeting.Mr.Broman stated that the State is requesting that the Council further postpone this to on or before March 20,1990. Councilman Vehon asked i f the meeting which was advertised is postponed,how will the State let people know. Councilman Vehon MOVED THAT DESIGN CONCEPT REPORT FOR ADOT PROJECT S-214-309,IDAHO ROAD AND STATE ROUTE 88,BE POSTPONED UNTIL ON OR BEFORE MARCH 20,1990. motion. VOTE:Unanimous The motion carried. NEW BUSINESS Vice Mayor Damiano seconded the APPOINTMENTS TO JUDICIAL REVIEW COMMITTEE) )City Clerk Kathleen Connelly REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 17 explained that the Magistrate and Assistant Magistrate Contracts require that the Council appoint a Judicial Review Committee in January of this year. City Attorney David Alexander stated that in addition to the city magistrate possibilities in the memo,Robert DeArman J.P.of Florence has volunteered,and Rene Lesuitre has volunteered as a lay person.Mr.Alexander added that either Lowell or Bill Arnold will probably serve on the Committee should the Council wish. Councilwoman Alger MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE JUDICIAL REVIEW COMMITTEE AS FOLLOWS: CITY MAGISTRATE JUDGE DEARMON ATTORNEY APPOINTEES:KEVIN HAYS AND THOMAS ZAWORSKI LAY PEOPLE:MARVIN SMITH AND RENE LESUITRE ALTERNATIVE MAGISTRATE:JUDGE TRAYNOR ALTERNATE ATTORNEY:CONNIE SMYER ALTERNATE LAY PERSON:GARY COLLINS Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.DIRECTION TO PROCEED WITH MAKING THE AMENDMENTS TO THE CITY CODE IN REGARDS TO ANIMAL KENNELS Director of Public Safety Bill McDaniel explained that this is a "housekeeping"measure that would eliminate having to advertise the requirement for a kennel permit. Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN THE CITY CLERK,THROUGH THE CITY MANAGER,TO DRAFT AN ORDINANCE TO AMEND THE CITY CODE BY DELETING THE REQUIREMENT TO PUBLISH A NOTICE REGARDING THE REQUIREMENTS TO PAY A KENNEL PERMIT FEE. motion. VOTE:Unanimous The motion carried. Councilwoman Alger seconded the SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 18 EXECUTIVE SESSION,WORK SESSION, FEBRUARY 20,1990 )Vice Mayor Damiano MOVED THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD ON FEBRUARY 20,1990,AT 6:00 P.M., IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Vehon reported that all of his departments are doing real well. Councilwoman Barker and Councilwoman Alger seconded that statement. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:15 p.m. Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Regular Meeting 3.Proposed Resolution No.90-01,Lending Support and Endorsing the 25th Anniversary Celebration Conservation Fund. 4.Award of Bid for Police Vehicles 5.Claim Against the City (O'Dell & Associates) APPROVED AND ADOPTED THIS 20TH DAY OF MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. of January 16,1990 to Activities Contributing to of the Land and Water FEBRUARY SIGNED AND ATTESTED TO THIS 21ST DAY OF FEBRUARY REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 19 ,1990,BY THE ,1990. ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of February,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9 day of /*-iiiZe_ez.,7,1990. KATHLEEN CONNI City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1990 PAGE 20