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HomeMy WebLinkAbout1989-04-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 4,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 4,1989,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Damiano called the meeting to order at 7:05 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Burgess Councilman Cox Councilman Connolly Councilwoman Gardner Councilman Vehon Vice Mayor Damiano Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Assistant to the City Manager George Hoffman Deputy City Clerk Lori Zmayefski Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Economic Development Specialist John Schoeph Associate Planner/Deputy Director Jim Nakagawa Engineering Drafting Technician Tamara Mrs Midge Conway 902 S.Ocotillo Apache Junction,Arizona Ms Toni Pasquale 946 E.Osage Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 1 Mr.Jim Bockman 1046 E.Kachina Apache Junction,Arizona Mr.Don Newton 2397 S.Royal Palm Apache Junction,Arizona Mr.Keith Stachar Apache Junction,Arizona Mr.Greg Hansen 946 E.Osage Apache Junction,Arizona Mr.John Harambasic 1300 S.Spurr Mesa,AZ Mr.Scott Forbes 631 E.Desert Avenue Apache Junction,Arizona Mr.Larry Anderson 2948 E.Broadway Apache Junction,Arizona Mr.Bill Daniels 5463 N.Wolverine Pass Apache Junction,Arizona Mr.Neil Houck 1505 S.Sixshooter Apache Junction,Arizona Mr.George Heinrich 2225 W.McDowell Apache Junction,Arizona Ms Annabelle Richards 2512 E.4th Avenue Apache Junction,Arizona Ms Dawn Anderson 2948 E.Broadway Apache Junction,Arizona Mrs.Bernice Swift 2286 E.Broadway Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 2 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1-11 ARE ACCEPTED AFTER MOVING "OATH OF OFFICE AND SEATING OF NEW COUNCILMEMBER"TO TAKE PLACE PRIOR TO THE "DESIGNATION OF MAYOR", UNDER ITEM NO.18; AND THAT IT IS ACKNOWLEDGED,WITH NO OBJECTION,THAT MR.LARRY ENYART IS THE ARCHITECT CHOSEN BY CATHOLICE SOCIAL SERVICES FOR THE IMPROVEMENTS ON THE SENIOR CENTER; AND THAT THE CITY OF APACHE JUNCTION FIVE YEAR PARKS AND OPEN SPACE PLAN IS ACCEPTED AS PRESENTED; AND THAT AUTHORIZATION BE GIVEN FOR THE BUDGETED ITEM OF ADDITIONAL UNITS OF THE CDE-ROM BASED CATALOG,FOR THE LIBRARY; AND THAT AUTHORIZATION BE GIVEN TO SUBMIT A LIBRARY SERVICE AND CONSTRUCTION ACT GRANT PROPOSAL ENTITLED PROJECT CAIR,COMPUTER BASED COMMUNITY ACCESS AND INFORMATION REFERRAL SYSTEM,AND COMMUNITY COLLEGE CONNECTION; AND THAT AUTHORIZATION BE GIVEN TO WAIVE CITY BID PROCEDURES AND UTILIZE STATE BID CONTRACT INSTEAD;AND THAT AUTHORIZATION BE GIVEN TO PROCEED WITH THE PURCHASE OF COMPUTER EQUIPMENT,SOFTWARE AND SERVICES IN THE TOTAL AMOUNT OF $28,229.00 FROM ALJON COMPUTER SYSTEMS,INC.,UNDER STATE BID REQUEST A.O.C. RFP87-4 IN ACCORDANCE WITH THEIR PROPOSAL DATED MARCH 27,1989;AND AUTHORIZATION BE GIVEN TO MAKE THE PURCHASE OF SAID EQUIPMENT,SERVICES AND SOFTWARE THROUGH THE CONTINGENCY ACCOUNT; AND THAT THE BID FOR CITY HALL COMPLEX REMODEL BE AWARDED TO C.A.BALZER IN THE AMOUNT OF $73,655,AND THAT THE BIDS SUBMITTED FOR IMPROVEMENTS TO THE PUBLIC WORKS BUILDING BE REJECTED,AND THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER TO EITHER REBID THIS PORTION OF THE PROJECT IN ITS ENTIRETY OR REBID IT WITH THE CITY FUNCTIONING AS THE GENERAL CONTRACTOR,WHATER IS DETERMINE TO BE THE MOST COST EFFECTIVE AND IN THE BEST INTEREST OF THE CITY; AND THAT THE CLAIM AGAINST THE CITY,SUBMITTED BY MRS.HOINA,BE REJECTED; AND THAT AUTHORIZATION BE GIVEN TO TRADE THE 40 CONFISCATED WEAPONS FOR FOUR NEW WEAPONS FOR THE POLICE DEPARTMENT; AND THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER TO EXECUTE THE CONTRACT, AND EXPEND ADDITIONAL FUNDS FOR THE CLASSIFICATION STUDY; AND THAT THE REQUEST FOR REHEARING OF THE LIQUOR LICENSE APPLICATION FOR THE FRIENDLY NEIGHBORHOOD TAVERN BE APPROVED; WITH A HEARING TO BE SET FOR APRIL 18,1989,WITH A NOTICE TO BE POSTED ON THE PREMISES. Councilman Cox seconded the motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 3 VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Vice Mayor Damiano welcomed everyone present as distinguished visitors and guests,and acknowledged mayor -elect Ken Bluntschly. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC City Attorney David Alexander explained to all those wishing to speak on the Friendly Neighborhood Tavern,that there will be a public hearing on the Liquor License application on April 18,1989,and should they wish their comments "on the record"to be forwarded to the State Department of Liquor Licenses and Control,they should wait to speak until April 18th. Vice Mayor Damiano stated that these "Requests to Speak"would be kept for the April 18th hearing,and proceeded to call each name asking i f they wished to speak now or on April 18th.Each person called on indicated they would wait until the public hearing. City Attorney David Alexander further explained that the action taken tonight was only to decide whether or not to hold a public hearing in which to gather evidence in favor or or in opposition to,and that the hearing will be held on April 18th. Mrs.Midge Conway,902 S.Ocotillo,Apache Junction,addressed the Council in regards to the Polish boy who has been writing to the mayor,and read the latest letter thanking the Mayor and the City for the books and information sent to him. Vice Mayor Damiano reminded the public that on April 5th,beginning at 7:00 p.m.,at Four Peaks Elementary School Gymnasium,there will be a meeting on Apache Junction Wastewater Facilities Plan,and that there will be consultants and staff to answer questions and accept comments.Vice Mayor Damiano further explained that there are questionaires for the public to fill out regarding sewer systems. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly explained that the City has applied for,and passed the first phase,of approval for a grant that would REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 4 establish an alcohol community action program,and that this grant which is through the Governor's Office of Highway Safety would establish a comprehensive and coordinated alcohol and accident prevention program by providing personnel and equipment,with funds to be targeted for the reduction of fatal and injury accidents in which alcohol is a factor,also promoting public awareness,and i f the City is successful in acquiring the grant the equipment needed will be 100% paid for by grant funds.Ms Connelly stated that over a three year period,the grant will make funds available to the City in the amount of over $71,000. Ms Connelly stated that the week of March 24th -31st was designated as Community Development Block Grant Week throughout the country,and as part of this recognition,a ground -breaking ceremony for the Handicapped Center was held on March 30th,and further explained that the Center will be used to provide services to those individuals having physical,mental,emotional,or social handicaps,and read a brief excerpt from a letter received from the Department of Commerce congratulating the City for providing a needed service to the community. Ms Connelly reported that the City submitted the Senior Center as a project that successfully made use of CDBG funds,and that on March 28th Vice Mayor Damiano,Councilwoman Gardner,and herself attended a ceremony sponsored by the State Department of Commerce at which the City was recognized and presented with an "Outstanding CDBG Project"award. PUBLIC HEARINGS APPLICATION FOR SMALL GAME BINGO LICENSE,DESERT PARK )Vice Mayor Damiano opened the hearing to the public. Vice Mayor Damiano asked i f there was anyone who wished to speak on the item. Vice Mayor Damiano asked where Desert Park is located. Director of Public Safety Bill McDaniel replied that it's located at the corner of Broadway and Idaho. There being no one wishing to address the Council,Vice Mayor Damiano closed the hearing to the public. Councilman Vehon MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE FOR DESERT PARK,SUBMITTED BY ROBERT W.PARKER,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 5 Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.89-01,1988 GENERAL PLAN AMENDMENTS,GPA-88-01 - HARAMBASIC,GPA-88-02 -PARK,GPA-88-03 -GRAHAM,GPA-88-04 -HUNT,GPA-88-05 - KURTZ,GPA-88-06 -MILLER,GPA-88-07 - BELLUCCI )Assistant to the City Manager George Hoffman called on Associate Planner/Deputy Director Jim Nakagawa to brief the Council. Associate Planner/Deputy Director Jim Nakagawa explained that there were several privately-initated requests for amendments to the 1987 General Plan,and that those will each be presented.Mr. Nakagawa stated that the first is by Mr.Harambasic who wishes to change the General Plan designation from medium density to high density,and that the applicant owns 60 vacant acres on the east side of Royal Palm,south of Southern Avenue,and the request would be in keeping with the intent of the General Plan to try to intensify the uses along the Superstition Freeway corridor,however, at the Planning and Zoning Commission hearing a number of residents in the area objected to the increase in density,citing the existing high density that exist in the area which have not been maintained. Mr.Nakawaga stated that the concern with respect to the City planning land uses outside the City limits was also expressed,but the City Attorney did advise that State Statutes does not prohibit the City from planning those areas.Mr.Nakagawa further stated that the Planning and Zoning Commission recommends denial of the request,and asked for Council authority to meet with the Pinal County Planning Agency to discuss issues on extraterritorial planning,which staff concurrs with. Vice Mayor Damiano opened the hearing to the public. Ms Toni Pasquale,946 E.Osage, Apache Junction,addressed the Council in objection to the amendment to the General Plan,stating that petitions were submitted at the Planning and Zoning Commission against high density in this area,as the existing apartment building are not maintained and the desire for only single family homes in this area. Mr.Jim Bockman,1046 E.Kachina, Apache Junction,addressed the Council also in opposition to the amendment and the opportunity for more apartments to be built in this area. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 6 Mr.Don Newton,2397 S.Royal Palm, Apache Junction,also spoke in opposition to the change. Mr.Keith Stachar,representing the applicant Mr.John Harambasic,gave an explanation of the change and further stated that this site is an appropriate location for high density and that this type of development will be enhancing to the community,and further outlined the project. Mr.Greg Hansen,946 E.Osage, Apache Junction,addressed the Council in opposition to more apartments,and pointed out the benefits of a "small-town",natural image,and also stated that the proposed sewage for the complex should be looked into. Mr.John Harambasic,1300 S.Spurr, Mesa,stated that he has been a businessowner in Apache Junction for 30 years as well as residing in Apache Junction for many years,and that this property was purchased slowly over the years,and also pointed out the benefits of this type of apartment complex. Mr.Scott Forbes,631 E.Desert Avenue,Apache Junction,also spoke in opposition to the amendment to the General Plan. Mrs.Midge Conway asked how can i t be guaranteed that the development will be what is in the picture of an apartment complex which was shown,and that once this is changed to high density,i t can be developed as anything. Mr.Larry Anderson,2948 E. Broadway,Apache Junction,addressed the Council with concerns over air quality and water supply,and asked i f this community can afford to increase density. Mr.Stachar asked i f staff could give an explanation of planned development requirements prior to approval. Associate Planner/Deputy Director Jim Nakagawa explained that after a rezoning with planned development overlay, the restrictions accomplish assuring that the Planning and Zoning Commission and Council both approve the design and hold the developer to the plans and design, but in order to insure the proper maintenance of the development,other ordinances would have to be brought up -such as,trash. Councilman Burgess commented that even i f this General Plan amendment for high density is approved,the applicant will have to apply for a rezoning later,as this is not changing the actual zoning,and asked how many units are allowed with medium and high density. Mr.Nakagawa replied that per acre, six units are allowed for medium density,and from seven to eighteen units per acre on high density. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 7 Ms Pasquale stated that money should not be considered,but the lives of the people who have already purchased property and homes in this area,and how can i t be guaranteed that Mr. Harambasic is the one that will be developing this property,and demanded a guarantee on how this will be developed and who will be doing the developing prior to accepting this change,and asked why homes can't be put in instead of apartments. Councilman Connolly stated that Mr.Harambasic is not rezoning this property at this time. Ms Pasquale replied that this is changing the density. Councilman Connolly stated that i t is not changing the density,but a high density "opportunity". Ms Pasquale stated that she does not want to give him the "opportunity". Mr.Stachar stated that the definition of high density in Maricopa County is 0 -25 dwelling units per acre, with medium density 0 -12,and the developer is going to have to "sell" whatever units he wishes to develop to the community at the time of rezoning. Vice Mayor Damiano closed the hearing to the public. Councilman Burgess MOVED THAT THE GENERAL PLAN AMENDMENTS BE ACTED ON ONE AT A TIME,INDIVIDUALLY. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. Councilman Burgess MOVED THAT GPA-88-01,FROM JOHN HARAMBASIC,BE DENIED. Councilwoman Gardner seconded the motion. Councilman Burgess stated that knowing Mr.Harambasic,there is no doubt that whatever he built would be a quality project,however,the project should be presented at the time of rezoning and the property still can be rezoned. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 8 Councilman Connolly commented that this property should not be single family,and will vote with the motion,but the idea of i t being single family is impractical. Councilman Vehon concurred with Councilman Burgess,but would like to see a plan prior to this type of change and further stated that traffic may be a problem with the way this property will be probably be developed. Vice Mayor Damiano stated that traffic will be a problem no matter how the property is developed,but the residents need to be realistic and suggested developing the north 40 acre as medium density with the lower 20 acres as high density. VOTE:Unanimous The motion carried. Vice Mayor Damiano asked the City Attorney i f Mr.Harambasic can approach the Planning and Zoning Commission with the previously stated suggestion. City Attorney David Alexander replied that he can,and that the General Plan amendment does not deny the Council the ability to change the General Plan as part of the zoning process, but traditionally only once a year is the General Plan itself amended. Vice Mayor Damiano recessed the meeting at 8:20 p.m. Vice Mayor Damiano reconvened the meeting at 8:30 p.m. Vice Mayor Damiano opened the hearing to the public on GPA-88-02. Associate Planner/Deputy Director Jim Nakagawa explained that the planned amendment request is by Mr.Richard Park,who wishes a change from medium density to commercial for a 13 acre parcel on the southeast corner of Idaho and Broadway,for the reason that Idaho Road is designated by the State Department of Transportation as Highway 88,which makes this property a feasible location for commercial uses.Mr.Nakagawa stated that Planning and Zoning Commission and staff recommend approval of the amendment with stipulations. property wasn't 15 acres originally. 13 acres. Councilman Burgess asked i f this Mr.Park replied that there was only There being no one wishing to speak on this item,Vice Mayor Damiano closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 9 Councilwoman Gardner MOVED THAT GPA-88-02,A REQUEST BY RICHARD A.PARK,TO HAVE THE GENERAL PLAN DESIGNATION CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL,BE APPROVED. Councilman Connolly seconded the motion.Councilman Vehon asked THAT THE STIPULATIONS OFFERED BY THE PLANNING AND ZONING COMMISSION IN REGARDS TO THE PROJECT BEING BY PLANNED DEVELOPMENT AND THE APPLICANT OFFERING BUFFERING ELEMENTS,be part of the motion. Councilwoman Gardner and Councilman Connolly agreed to the addition to the motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano called on Associate Planner/Deputy Director Jim Nakagawa to brief the Council on GPA-88-03. Mr.Nakagawa stated that this request is by Brad and Skip Graham to change the density from medium to commercial for a 4.5 acre parcel on the northwest corner of what will be Superstition Freeway and Goldfield Road,and that the Planning and Zoning Commission and staff recommend approval with stipulations,and requested that the City also get together with Pinal County to discuss the land uses in the unincorporated areas. Mr.Nakagawa added that the Planning and Zoning Commission also stipulates that should the State allow the City to annex to the east,that they would join the City in annexation. Councilwoman Gardner asked i f the Council can require annexation as part of this amendment. City Attorney David Alexander replied that this would probably not be binding. Vice Mayor Damiano asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Vice Mayor Damiano closed the hearing to the public. Councilman Vehon asked i f when this particular zoning was done,i t was not known that the Superstition Freeway offramp would be at this location. Mr.Nakagawa confirmed this. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 10 Councilman Vehon MOVED THAT GPA-88-03,A REQUEST BY BRAD AND SKIP GRAHAM TO HAVE THE GENERAL PLAN DESIGNATION CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL FOR A 4.5 ACRE PARCEL,LOCATED AT THE NORTHWEST CORNER OF STATE ROUTE 360 AND GOLDFIELD ROAD, BE APPROVED WITH FOLLOWING STIPULATION:THAT THE ZONING APPROVAL FOR THIS AND THE SURROUNDING PARCELS BE BY PLANNED DEVELOPMENT ONLY TO PROVIDE FOR BUFFERS MITIGATION AND QUALITY DEVELOPMENT. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. Mr.Nakagawa explained that this is a request by Mr.Edward Hunt to delete from the City's General Plan the area east of Goldfield Road,between State Route 88 and U.S.Highway 60,because of aprehension regarding the City Land Use Policy,and additionally,the City's hiking and equestrian trail system is in the subject area,and to delete that from the Plan would not be consistant with the planning program.Mr.Nakagawa further stated that the Planning and Zoning Commission and staff recommend denial of this amendment. Vice Mayor Damiano opened the hearing to the public. Mr.Bill Daniels,5463 N.Wolverine Pass,Apache Junction,representing the Homeowners Viewpoint which is a homeowners association of the Superstition and Goldfield foothills,stated that at the last Board meeting,the Board voted to request denial of this application concurring with the Planning and Zoning Commission and Planning staff,and further that the lifestyle of this area would be better protected under the General Plan. Mr.Neil Houck,1505 S.Sixshooter, Apache Junction,resident of the area in question,also addressed the Council in opposition to this amendment,stating that much care went into the establishment of the General Plan of Apache Junction,and that i t is legal within three miles of boundaries where there is not a County Plan.Mr.Houck explained that he is on the Pinal County Task Force to obtain information for the establishment of a Plan,but in the meantime i t is important to maintain the Apache Junction General Plan as a guideline. Mr.Houck also stated that the Superstition Horseman's Association voted unanimously that the Council be requested to deny this amendment. Vice Mayor Damiano asked i f there was anyone else who wished to speak.There being no one else wishing to address the Council,Vice Mayor Damiano closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 11 Councilwoman Gardner MOVED THAT GPA-88-04 A REQUEST BY EDWARD L.HUNT,TO DELETE FROM THE CITY'S GENERAL PLAN AT THE THE FOOTHILL AREA OF THE SUPERSTITION MOUNTAINS,GOLDFIELD ROAD BETWEEN SR 88 AND U.S.60 BE DENIED. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. Mr.Nakagawa stated that this is a request for amendment to the General Plan by Mr.Kurtz and other residents in Section 5,from low density to a designation which would allow at least two dwelling units per 1*acre,but during the 1985 preparation many residents in the Goldfield area made i t clear to the City that they wished this area to remain low density and did not wish to see any increase in density. Mr.Nakagawa further stated that Mr.Kurtz wishes commercial designations at the intersections of the arterial roads,and that the City currently has a policy which allows for that but at this time a commercial use would be premature,that the current road system could not support an increase in traffic caused by higher density,that water supply also could not support an increase in density, and stated that the Planning and Zoning Commission and staff recommend denial of this requested amendment. Vice Mayor Damiano opened the hearing to the public. Mr.George Heinrich,2225 W. McDowell,Apache Junction,spoke against the amendment due to animal rights being greatly increased,and stated that should the Council wish to make this change,they should first take away the animal rights. Mr.Neil Houck addressed the Council stating that this is premature as Mr.Nakagawa has said,due to the road and public service conditions. Mr.Bill Daniels representing the Homeowners Viewpoint,stated that at the last Board meeting they agreed with the recommendation of the Commission and Planning staff. Vice Mayor Damiano asked i f there was anyone else wishing to speak.There being no one wishing to address the Council,Vice Mayor Damiano closed the hearing to the public. Councilwoman Gardner MOVED THAT GPA-88-05,A REQUEST BY RICHARD KURTZ AND OTHER RESIDENTS IN SECTION 5,WHICH IS REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 12 AT THE FOOTHILLS OF THE GOLDFIELD MOUNTAINS,TO HAVE THE GENERAL PLAN DESIGNATION CHANGED FROM LOW DENSITY RESIDENTIAL TO ANOTHER DESIGNATION,BE DENIED. Councilman Connolly seconded the motion. Vice Mayor Damiano commented that the less homes there are,the more taxes there will be,and i f two units per 1* acres were allowed there would be more homes,and why limit i t to one unit as two is the limit,but since the majority of people don't want i t -so be it. VOTE:In Favor:Councilman Cox,Councilman Connolly,Councilwoman Gardner, Councilman Vehon,Vice Mayor Damiano Abstained:Councilman Burgess The motion carried. Mr.Nakagawa briefed the Council on the request for General Plan amendment by Mr.Howard Miller and other residents of Section 22,from low density residential to another which would allow two dwelling units per 1*acre,with the residents of the area appearing to be divided,and stated that for reasons of high density impact the Planning and Zoning Commission and Planning staff recommend denial of the request. Mr.Houck spoke in opposition to the request,and stated that land owners and the Superstition Horsemans Association also are in opposition to any changes in density. Ms Annabelle Richards,2512,E.4th Avenue,Apache Junction,also addressed the Council in opposition to the amendment due to a desire to preserve the current lifestyle. Mr.Larry Anderson,2948 E. Broadway,Apache Junction,spoke in opposition to the amendment. Ms Dawn Anderson,2948 E.Broadway, Apache Junction,stated that i f two dwellings are allowed i t will soon be many more per 1*acre,and requested that the current lifestyle not be changed. Vice Mayor Damiano asked i f there was anyone else who wished to address the Council.There being no one else wishing to speak,Vice Mayor Damiano closed the hearing to the public. Councilman Vehon MOVED THAT GPA-88-06,REQUEST BY HOWARD MILLER AND OTHER RESIDENTS IN SECTION 22,TO HAVE THE GENERAL PLAN DESIGNATION CHANGED FROM LOW DENSITY RESIDENTIAL TO ANOTHER DESIGNATION WHICH WOULD ALLOW TWO DWELLING UNITS PER 1* ACRES IN SECTION 22,BE DENIED. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 13 Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. Mr.Nakagawa stated that Mr. Bellucci requested this General Plan amendment,changing from Commercial to Business Park Industrial for an eleven acre site at the northwest corner of Southern and Idaho Road,and that this amendment was necessary prior to rezonings being considered.Mr.Nakagawa further stated that after much study, the Planning and Zoning Commission and Planning staff both recommend denial,but that owners in this area wishing to develop industrial could be accomodated by changes to the Zoning Ordinance. Vice Mayor Damiano asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Vice Mayor Damiano closed the hearing to the public. Councilman Burgess MOVED THAT GPA-88-07 BE DENIED,AND THAT RESOLUTION NO.89-01,BE AMENDED TO REFLECT THE VOTES TAKEN BY COUNCIL IN GPA-88-01 THROUGH GPA-88-07. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano thanked the Planning and Zoning Commission,Planning Staff,Homeowner's Viewpoint,the Horsemen's Association,and all of the citizens who spent many hours reviewing and working on the General Plan amendments. OLD BUSINESS None. NEW BUSINESS PROPOSED RESOLUTION NO.89-08,CANVASS OF VOTES FOR MARCH 21ST PRIMARY ELECTION ) REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 14 )Acting City Manager/City Clerk Kathleen Connelly explained that this Resolution is the conclusion of the election cycle and a requirement of State Law,and accepts the outcome of the Primary Election of March 21st,and proposed Resolution No.89-08 also reflects the change caused by one question ballot which could not be counted on election night,and adds one vote to the total. Councilwoman Gardner MOVED THAT RESOLUTION NO.89-08,CONDUCTING AND ACCEPTING THE OFFICIAL CANVASS OF VOTES FOR THE APACHE JUNCTION PRIMARY ELECTION HELD MARCH 21,1989,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.89-06,AB -89-01, ABANDONMENT OF 7TH AVENUE FROM CONESTOGA ROAD TO BOWMAN ROAD )Engineering Drafting Technician Tamara Kirkham briefed the Council on the original request for abandonment made in February of 1988,by Mr.and Mrs.Swift,when due to a tie vote the request was denied by the Council,and that some Councilmembers requested this be postponed until after the Transportation Study which has been completed. Ms Kirkham also explained that Mr.and Mrs.Swift have again applied for the abandonment and that the Development Coordinating Committee recommends approval of the application,because among other reasons,the relocation of the building to build a roadway would cause a hardship to the property owner. Councilman Burgess pointed out that the majority of the area proposed to be abandoned is a wash anyway. Councilwoman Gardner asked i f there would be any utility easements in the right-of-way to be reserved should this abandonment be approved. Ms Kirkham replied that the utility companies have been contacted and they do not have a problem with this abandonment,as there is not a plant in place,but the City does not abandon the utility easement. Mrs.Bernice Swift,2286 E. Broadway,speaking for her husband,George Swift,also,explained that the house was built as part of the original homestead and happens to be in the place the road could be i f i t were built.Mrs.Swift requested approval of the abandonment. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 15 Vice Mayor Damiano asked how the applicant reaches their home. Mrs.Swift replied that there is access down Conestoga. Councilman Burgess apologized that the applicant had to wait a year to reapply,as the abandonment should have been approved the first time. Councilman Connolly agreed with Councilman Burgess,apologized,and stated that abandonments should be heard on a case to case basis. Vice Mayor Damiano commented that he personnally inspected the area,and did notice the wash. Mrs.Swift stated that i t would be very costly to construct a road. Councilwoman Gardner asked why the memo refers to required dedication of rights -of -way i f approved. Mr.Hoffman explained that the City is giving something up and this is a good time to get something back,which is a policy recommendation by the Development Coordinating Committee. Councilwoman Gardner asked i f this is something the Council wishes to have on this abandonment. Mr.Hoffman stated that this bears some scrutiny internally. Councilman Burgess MOVED THAT RESOLUTION NO.89-06,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS SEVENTH AVENUE FROM CONESTOGA ROAD TO BOWMAN ROAD DESCRIBED IN STREET ABANDONMENT CASE AB -88-02,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE APPROVED AND ADOPTED. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 16 COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: A.DIRECTION TO STAFF TO BEGIN PROCEDURES FOR CHANGE IN COUNCIL SALARIES Acting City Manager/City Clerk Kathleen Connelly referred this item to Councilman Burgess or Councilman Connolly,as they have requested this to be put on the agenda. Councilman Connolly stated that Councilmembers should be paid more as some are making $92.49 per month,and this is not sufficient and i t will not affect Councilman Burgess or himself as they are leaving the Council. Councilwoman Gardner commented that as one of the members being paid $92.49 and even though leaving the Council, with a Salary Study in the works there may be employees who have been waiting several years for increases,and this is more important.Councilwoman Gardner added that she would not be in favor of this salary increase for Council at this time. Councilman Connolly replied that the present salary is "sub -human"and would not be a "raise"but bringing i t a little closer to what they should be,and that a considerable amount of time is spent being a Councilmember. Councilman Burgess agreed with Councilman Connolly,and stated that originally these were volunteer positions, but there are now three or four meetings per week,and deserves to be paid much more. Councilman Connolly asked the City Attorney i f an increase could be passed tonight,and when would i t become effective. City Attorney David Alexander replied that the Council is giving direction tonight to draft an Ordinance for the change,and i f i t is passed prior to the new Councilmembers being seated, those individuals will receive the raise,and those who are presently on the Council will not. media take note of that fact. Councilman Burgess asked that the Councilman Burgess MOVED THAT DIRECTION BE GIVEN STAFF TO DRAFT AMENDMENTS TO THE CITY CODE TO REFLECT THE FOLLOWING CHANGES IN COUNCIL SALARY:NEW MAYOR TO $600 PER MONTH,AND NEW COUNCIL MEMBERS $400.00,TO BE BROUGHT BACK AT THE NEXT COUNCIL MEETING,AND THAT THE INCREASE TAKE EFFECT WHEN THE POSITIONS CHANGE. Councilman Connolly seconded the motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 17 VOTE:In Favor:Councilman Burgess,Councilman Connolly,Councilman Cox, Vice Mayor Damiano Opposed:Councilwoman Gardner,Councilman Vehon The motion carried. B.DIRECTION TO STAFF TO PROCEED WITH THE PREPARATION OF A POLICY FOR THE INSTALLATION OF STREET LIGHTS Director of Public Works Rich Broman stated that there have been requests to install street lights on residential streets,and i t is necessary to proceed with the preparation of a policy,and that alternatives have been presented to the Council for a decision. Councilwoman Gardner asked i f there wasn't a system where lights would be placed. Mr.Broman replied that i t hasn't been done annually,only by city initiation from time to time,but none in residential areas. Councilwoman Gardner suggested improvement districts instead. Mr.Broman stated that the fairness to other areas that have initiated improvement districts has been considered. Councilman Burgess MOVED THAT ALTERNATIVE NO.1 BE APPROVED AND THAT DIRECTION BE GIVEN TO STAFF THROUGH THE ACTING CITY MANAGER,TO PREPARE A RESOLUTION FOR FURTHER CONSIDERATION BY THE CITY COUNCIL. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. C.DIRECTION TO STAFF TO EXECUTE THE NECESSARY DOCUMENTS FOR CITY CONTRIBUTIONS TO UTILITY RELOCATIONS AND MODIFICATIONS Mr.Broman explained that Salt River Project is creating some funds through a policy,with money the City may use on various projects through underground existing overhead facilities,which amounts to about 1%construction funds that are budgeted by SRP in Apache Junction area, with our allocation for this years being approximately $173,000.Mr.Broman further suggested some possible projects,and stated that SRP has indicated that REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 18 they will match any funds that the City comes up with,which in the case of the Broadway Road project would amount to about $51,000 from the City. Councilman Burgess MOVED THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF PUBLIC WORKS,THROUGH THE ACTING CITY MANAGER,TO COORDINATE FURTHER WITH SALT RIVER PROJECT TO FINALIZE NECESSARY AGREEMENTS FOR THE PARTIAL UNDERGROUNDING OF ELECTRICAL UTILITIES ON BROADWAY AVENUE IN THE VICINITY BETWEEN MERIDIAN AND IDAHO ROADS;AND THAT AUTHORIZATION BE GIVEN TO THE ACTING CITY MANAGER TO EXECUTE THE SALT RIVER PROJECT CUSTOMER SERVICE ORDER AND OTHER NECESSARY DOCUMENTS TO INCLUDE THE CITY'S CONTRIBUTION OF APPROXIMATELY $51,000. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. D.DIRECTION TO STAFF AND PLANNING AND ZONING COMMISSION REGARDING SIGNAGE FOR HOME OCCUPATIONS Assistant to the City Manager George Hoffman,Acting Director of Planning explained that in 1986 the City Council sent the Signage for Home Occupation back to the Planning and Zoning Commission for possible recommendations for changes,but that the Commission voted to recommend that the Sign Code remain as i t is,and also stated that he concurrs with this recommendation,because among other reasons,the Code currently gives some advantages to having a business in a commercial district,but i f the Council does wish to change this,i t would be necessary for the Commission to hold a public hearing. Councilman Burgess stated that there are "loopholes"in this and they need to be resolved,as there are people using vehicles with signs to advertise their business in their homes. Mr.Hoffman replied that there are people attempting to use this,but the Zoning Administrator does have the ability to make a judgement call in those instances. Councilman Burgess MOVED THAT DIRECTION BE GIVEN STAFF TO TAKE THIS ISSUE BACK TO THE PLANNING AND ZONING COMMISSION FOR A PUBLIC HEARING TO POSSIBLY MAKE CHANGES IN THE SIGN CODE. Councilman Connolly seconded the motion. Councilwoman Gardner commented that the Sign Code has been back and forth several times. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 19 Vice Mayor Damiano replied that not the specific issue. Councilman Burgess added to the motion:THAT THE SPECIFIC ISSUE OF SIGNS ON VEHICLES AND SUCH BE TAKEN TO THE PLANNING AND ZONING COMMISSION. Councilman Connolly agreed to the addition to the motion. Mr.Hoffman stated that i t appears to be Councilman Burgess's intent to make this specific sign use explicit in the Code. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,APRIL 6,1989 EXECUTIVE SESSION,WORK SESSION, APRIL 17,1989 EXECUTIVE SESSION,WORK SESSION, APRIL 18,1989 )Councilwoman Gardner MOVED THAT AN EXECUTIVE SESSION BE HELD ON APRIL 6,1989,AT 6:00 P.M.,IN THE CITY COUNCIL CONFERENCE ROOM,WITH A SPECIAL MEETING TO BE HELD ON APRIL 6,1989,PRIOR TO THE EXECUTIVE SESSION,IN THE CITY COUNCIL CHAMBERS,AND THAT IF THE EXECUTIVE SESSION IS NOT HELD,NEITHER WILL THE SPECIAL MEETING; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON APRIL 17,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON APRIL 18,1989,IN THE CITY COUNCIL CHAMBERS. motion. VOTE:Unanimous The motion carried. APPOINTMENT TO COUNCIL VACANCY DESIGNATION OF MAYOR OATH OF OFFICE AND SEATING OF NEW COUNCILMEMBER REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 20 Councilman Connolly seconded the )Vice Mayor Damiano called for nominations for the City Council vacancy. Councilman Cox nominated Ken Bluntschly to the vacancy created by the death of Mayor Norman Hill. nomination. if there were any other nominations. NOMINATIONS BE CLOSED. motion. Councilwoman Gardner seconded the Vice Mayor Damiano asked three times Councilman Burgess MOVED THAT Councilman Connolly seconded the VOTE:Unanimous The motion carried. VOTE (ON THE NOMINATION OF KEN BLUNTSCHLY FOR COUNCIL):Unanimous The motion carried. Acting City Manager/City Clerk Kathleen Connelly gave the "Oath of Office"to Ken Bluntschly,after which Councilman Bluntschly took his seat with the City Council. Vice Mayor Damiano called for nominations for the position of mayor. Councilman Burgess nominated Councilman Bluntschly for Mayor,stating that he was honored to make this nomination,as for ten years the City of Apache Junction had Mayor Norman Hill as a councilmember and that he believed in Apache Junction and his decisions, and that Councilman Bluntschly will do the same. nomination. if there were any other nominations. NOMINATIONS BE CLOSED. motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 21 Councilman Cox seconded the Vice Mayor Damiano asked three times Councilwoman Gardner MOVED THAT Councilman Vehon seconded the VOTE:Unanimous VOTE (ON THE NOMINATION OF COUNCILMAN BLUNTSCHLY FOR MAYOR):Unanimous (With the exception of Councilman Blutschly abstaining) Acting City Manager/City Clerk Kathleen Connelly gave the "Oath of Office"to Councilman Bluntschly for the position of mayor,after which Mayor Bluntschly took his seat as Mayor. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. ADJOURNMENT )There being no further business to discuss,Vice Mayor Damiano adjourned the meeting at 9:55 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of March 7,1989 *3.Architect Chosen by Catholic Social Services for Senior Center *4.Consideration of Five Year Parks and Open Space Plan *5.a.Authorization to Solicit Bids for Additional Units for the CD-ROM Based Catalog b.Authorization to Submit LSCA Grant Proposal Entitled Project CAIR *6.Authorization to Waive Bid Procedures and Utilize State Bid Contract for Magistrate Court Computer Equipment;Authorization to Proceed with Purchase; Authorization to purchase through the Contingency Account *7.Award of Bid for City Complex Remodel and Public Works Building Remodel *8.Claim Against the City of Apache Junction Submitted by Mrs.Hoina *9.Authorization for the Police Department to Trade Confiscated Weapons for New Weapons *10 Authorization for Classification Study *11 Request by Applicant to Rehear Liquor License Application for The Friendly Neighborhood Tavern,Submitted by Ms Dale Howarth REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 22 APPROVED AND AODPTED THIS 2ND DAY OF MAY ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF MAY ATTEST: KATHLEEN CONNELLY City Clerk KEN1ETH BLUNTSCHL Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 4,1989 PAGE 23 ,1989.