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HomeMy WebLinkAbout1988-01-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 19,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 19,1988,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Acting Mayor Bluntschly called the meeting to order at 7:03 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Burgess led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Damiano Councilman Burgess Councilwoman Perkins Councilwoman Gardner Acting Mayor Bluntschly City Manager Bill R.Da Vee City Clerk Kathleen Connelly Deputy City Clerk Lori Zmayefski City Attorney David Alexander Assistant to the City Manager George Hoffman Controller Keith Lewis Lieutenant Reed CiSx Director of Planning Chuck Newcomer Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Mr.Rodney Valentine 1924 E.Jacinto Mesa,AZ REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 1 Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Mr.Ray Hooker 1507 S.Main Dr. Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1,2,3,AND 4,BE ACCEPTED AS PRESENTED,AFTER DELETING ITEM NO.15 FROM THE AGENDA. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Acting Mayor Bluntschly acknowledged former councilmember Jimmy Eidson,and thanked everyone present for attending the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Rodney Valentine,1924 E.Jacinto,Mesa,addressed the Council requesting an update on the "Massage Ordinance",presenting a model ordinance for the Council's and staff review,which is the City of Chandler's ordinance. Acting Mayor Bluntschly stated that this request would be taken under advisement. CITY MANAGER'S REPORT City Manager Bill R.Da Vee reported on a meeting with Western Technologies, Inc.,the firm retained to evaluate the State's report on materials dumped at the Apache Mine site last December,that there is evidence of two elements REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 2 • leaching out of the materials into the depression draining from the site which has been reported to the State,and will await advise from the State as to what next step they will take.Mr.Da Vee stated that Council has received suggestions and comments relative to the list of priorities for discussion at any time,and since budget preparations are beginning,i t is important that direction be .given-on that to allow -for those to be included in the next budget for each department.Mr.Da Vee also stated that the proposed work scope for the planned Salary Survey and Compensation Study has been presented to the Council,urging Council to advise of any amendments prior to that Study. PUBLIC HEARINGS APPLICATION FOR SERIES 12 LIQUOR LICENSE,PIRATES COVE SUPPER CLUB )City Clerk Kathleen Connelly stated that Council had questions at the Work Session regarding incomplete sections on the application,which the Chief of Police has noted that there is a history of "implied consent"on Mr.Medland's drivers license,which means he has refused to take an intoxilyzer test upon being arrested for alcohol -related offenses, which has not been resolved.Ms Connelly further stated that Mr.Medland has not paid the $50.00 nonrefundable application fee,required by the City Code prior to a public hearing. Councilman Damiano-MOVED THAT THIS APPLICATION BE -POSTPONED UNTIL THE REGULAR MEETING OF FEBRUARY 16,1988,AND THAT THE STATE DEPARTMENT OF LIQUOR LICENSES BE NOTIFIED OF THE REASONS:$50.00 FEE NOT PAID, AND FAILURE TO ANSWER ITEM NO.16 ON THE APPLICATION. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. PZ-19-87,PLANNING AND ZONING COMMISSION REQUEST FOR CONTINUANCE,CONNOLLY/KROFF ) )Director of Planning Chuck Newcomer stated that at their regular meeting of January 12th,the Planning and Zoning Commission voted to postpone this rezoning case until January 26th,and requested that the Council postone until February 16th. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 3 • Councilwoman Perkins MOVED THAT PZ-19-87 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 16, 1988. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.607, PZ-20-87,SAMBALUK-BARTH )Associate Planner/Deputy Director Jim Nakagawa explained that this is a request for rezoning of a 1.21 acre parcel located at the southwest corner of Roundup Street and Cedar Drive,from General Rural to CR-2(MH)Single Family Residence,and stated that staff recommends denial,as a mechanism to provide for street improvements has not been adopted by Council,and the Planning and Zoning Commission recommends approval with stipulations,and stated that protests have been withdrawn as the applicant met with the protesting property owners and came to an agreement in regards to their concerns. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,requested approval of the rezoning,and outlined the agreement with the other property owners to alleviate the problems. Acting Mayor Bluntschly 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,Acting Mayor Bluntschly closed the hearing to the public. Councilman Burgess MOVED THAT ORDINANCE NO.607 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.607,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 4 • 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-20-87 FROM GR GENERAL RURAL TO CR-2(MH)SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED ORDINANCE NO.607,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:-- THAT THE OFF -SITE IMPROVEMENTS BE WAIVED UNTIL A TIME THAT THE APPLICANT ORDINARILY WOULD APPROVE AN IMPROVEMENT DISTRICT. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.608,LITTER VIOLATIONS -CRIMINAL OFFENSE ) .City Attorney David Alexander explained that this ordinance provides for the creation of criminal penalties for litter violations,against both the owner and the occupant of the property, or a manager of the property,and incorporates the existing litter removal procedure in -addition to additions in regards to withholding inspection approval for building inspections i f the property has not been cleaned. Acting Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There being no one wishing to address the Council,Acting Mayor Bluntschly closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.608 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.608,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REPEALING REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 5 • ARTICLE 9-2 OF THE CODE OF THE CITY OF APACHE JUNCTION,REMOVAL OF LITTER AND ENACTING ARTICLE 9-2 OF THE CODE OF THE CITY OF APACHE JUNCTION,ACCUMULATIONS OF LITTER PROHIBITED,REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED THAT ORDINANCE NO.608,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. concrete is specified in the ordinance. Councilman Burgess seconded the Councilman Damiano asked where Mr.Alexander suggested adding that to the definitions for "Rubbish"or "Refuse". Councilman Damiano added the word "concrete"to the definition for "Refuse",and Councilman Burgess agreed to the addition. VOTE:Unanimous The motion carried. OLD BUSINESS DIRECTION TO-PROCEED WITH CITY CODE AMENDMENTS REGARDING RESIDENTIAL OFF -SITE IMPROVEMENTS )City Clerk Kathleen Connelly explained that this item was at the request of Councilman Burgess,i t was postponed from a prior meeting pending the work session with the Planning and Zoning Commission. Councilman Burgess stated that residential rezonings,not subdivisions or commercial rezonings,the off -site improvements should be waived in City ordinances so that there is not a problem when rezoning. Councilman Burgess MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND CITY ATTORNEY TO PROCEED WITH THE FOLLOWING AMENDMENTS TO CITY CODE REGARDING OFF -SITE IMPROVEMENTS FOR RESIDENTIAL DEVELOPMENT: REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 6 THAT OFF -SITE IMPROVEMENTS BE WAIVED,BUT NOT FOR SUBDIVISIONS OR COMMERCIAL DEVELOPMENTS. motion. Councilman Damiano seconded the City Manager Bill R.Da Vee clarified that this revolves around the previous discussion on single lot development,to accomplish paving with sales tax,not to consider assessing property or other than in a voluntary improvement district.Mr.Da Vee further stated that the discussion at the joint work session favored the use of improvement districts to accomplish curbs,street lighting,side walks,etc..., i f those things are desired in a particular neighborhood,and i f this is indeed correct,i f would not affect subdivisions or commercial property improvements. Councilman Burgess replied that this is correct. Councilman Damiano asked i f the specific sections of the Code should be amended. Mr.Alexander stated that this action simply gives direction to staff to prepare amendments to present to the Council for approval. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.88-02,DIRECTION ON MINIMUM LOT SIZE REQUIREMENTS (COUNCIL INITIATIVE ACTION);DIRECTION ON ACCEPTANCE OF NEW SINGLE FAMILY RESIDENTIAL REZONING APPLICATIONS )Director of Planning Chuck Newcomer explained that this resolution was drafted from staff perception of the outcome of the joint work session between the Council and the Planning and Zoning Commission,and provides for the Planning and Zoning Commission to consider amendments to the Zoning Ordinance to raise minimum lot sizes to 20,000 square feet for single family residential districts outside of approved subdivisions, and provides for a temporary freeze on new rezoning applications for these single family residential zoning districts,and that Council does need to specify a number of days and square footage for the lot sizes also needs to be specified. Mr.Da Vee stated that when considering lot sizes,the City needs to consider what direction the State is going on waste water standards which is how a minimum lot size is established, and i t would be wise to adopt a standard that would not end up polluting the REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 7 groundwater source.Mr.Da Vee also explained that the other aspect to consider with minimum -lot size is perhaps to encourage the development of subdivisions, rather than encouraging single lot development,and may at some point in time want to consider,a denser standard for subdivisions to make i t economically feasible to develop subdivisions on smaller parcels. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,addressed the Council stating that there is a problem with septic tanks,but there doesn't appear to be an eminent problem with groundwater contamination,and the lot size probably wouldn't cause a problem. Mr.Da Vee stated that the consideration -is that a standard is established where a problem will not be created in the future,and that there are not any studies that point to groundwater pollution currently. Mr.Ray Hooker,1507 S.Main Dr., Apache Junction,spoke in opposition to any kind of freeze,and -in favor of smaller lots as -people cannot utilize the larger lots. Councilman Burgess agreed with Mr.Hooker that any kind of freeze is not a solution,and would cause additional problems.- Mr.Newcomer explained how State standards for groundwater protection are established,which lot size is based upon. Councilman Burgess replied that there are other alternatives than those presented. Mr.Newcomer stated that there are a number of other alternatives. Mr.Da Vee stated that essentially the City is adopting a standard,and the State is going to that standard of 1200 gallons per acre,whether i t is presently being enforced or not,and i t might be wise to have a standard that would meet what the State is -going to require. Councilman Burgess replied that we could worry about that i f i t does happen. Acting Mayor Bluntschly asked i f this resolution is passed,what is a minimum time frame in which a freeze would be necessary. Mr.Newcomer answered that 90 to 120 days would be a minimum time,and that this would not affect any applications already received. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 8 Councilman Burgess asked how many applications -have been submitted this year that this freeze would affect. Mr.Newcomer replied that there has been an average of a couple per month. Councilman Burgess stated that this freeze would -hold an application up for six to seven months. Councilman Damiano suggested the Council recessing,to allow staff time to come up with an acceptable motion. Acting Mayor Bluntschly asked i f this is necessary,or could the paragraph regarding a freeze just be deleted from the resolution? City Attorney David Alexander stated that the last sentence in the title,and the paragraph regarding a temporary freeze could be deleted. Councilman Burgess MOVED THAT RESOLUTION NO.88-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PROVIDING DIRECTION,BY COUNCIL INITIATIVE,ON PROPOSED AMENDMENTS TO MINIMUM LOT SIZE REQUIREMENTS IN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS;AND PROVIDING DIRECTION ON THE ACCEPTANCE OF NEW SINGLE FAMILY RESIDENTIAL REZONING APPLICATIONS,BE APPROVED AND ADOPTED,AND THAT THE WORDING OF RESOLUTION NO.88-02 BE AMENDED TO THE AFFECT THAT THERE WILL BE NO FREEZE PLACED ON NEW REZONINGS FOR SINGLE FAMILY RESIDENTIAL ZONING. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Burgess,Councilman Damiano, _Acting Mayor Bluntschly Opposed:Councilwoman Perkins,Councilwoman Gardner The motion carried. Acting Mayor Bluntschly recessed the meeting at 8:12 p.m. Acting Mayor Bluntschly reconvened the meeting at 8:23 p.m. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 9 INTERGOVERNMENTAL AGREEMENTS WITH CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS AND DEPARTMENT OF-COMMERCE FOR LABOR MARKET SURVEY )Economic Development Specialist John Schoeph explained that this action finalizes two intergovernmental agreements to perform the Labor Market Survey,one with Central Arizona Association of Governments to actually perform the Survey,and the other with the State Department of Commerce under State Development Fund Matching Grant to help pay for the Survey. Councilwoman Gardner MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS IN THE AMOUNT OF $2,6461.00 FOR PERFORMING A LABOR MARKET -SURVEY OF THE APACHE JUNCTION ZIP CODE AREA;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ARIZONA DEPARTMENT OF-COMMERCE FOR A MATCHING GRANT IN THE AMOUNT OF $1,500.00 TOWARD THE COST OF SUCH LABOR MARKET SURVEY BE APPROVED AND ADOPTED. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. EXTENSION OF CONTRACT FOR ENGINEERING CONSULTING SERVICES;DIRECTION ON HIRING OF FULL-TIME CITY ENGINEER )Mr.Da Vee stated that at the direction of the City Council,a contract with Consultant Engineer William O'Dell was prepared to end in January 1988,and the City budgeted to establish a City Engineer position,to construct work space,etc.,and requested that until these things can be accomplished,the contract be extended on a month -to -month basis. Councilwoman Gardner asked what the City Manager would recommend as an appropriate time for evaluation of recruitment. Mr.Da Vee requested at least 30 days to adquately advertise and an additional two weeks for interviewing. Councilman Damiano MOVED THAT AUTHORIZATION BE GIVEN TO EXTEND FROM JANUARY 1988 TO A TIME TO OVERLAP APPROXIMATELY 30 DAYS WITH THE HIRING OF A CIVIL ENGINEER,THE ENGINEERING SERVICES CONTRACT AS PREVIOUSLY ENTERED INTO WITH O'DELL AND ASSOCIATES; REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 10 I FURTHER MOVE THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH THE RECRUITMENT OF A CITY ENGINEER AND THAT A STATUS REPORT BE PRESENTED TO THE COUNCIL WITHIN 45 -60 DAYS. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. DIRECTION ON INSTALLATION OF HUD-. STANDARD MOBILE HOME;DIRECTION ON ACCEPTANCE OF PERMIT APPLICATIONS FOR MOBILE HOME INSTALLATIONS ON AN INTERIM BASIS .-- )Associate Planner/Deputy Director Jim Nakagawa stated that at the joint work session with the Planning and Zoning Commission,there was discussion of establishing by ordinance standards to which mobile homes shall conform i f they are to be installed in Apache Junction,and i t is necessary to decide whether or not to impose a moratorium on the issuance of mobile home permits until the new ordinance goes into effect,and further, outlined alternative standards that appear to be available. Councilwoman Gardner expressed concern with "older"mobile homes being set up in Apache Junction. Mr.Da Vee stated that there are parks in Apache Junction that are unable to place older model mobile homes,so We are mostly dealing with standard for individual lots. Councilwoman Perkins asked i f this issue didn't come before the Council in the past,and that there was a problem with people -moving older mobile homes from park to park at that time. Councilman Burgess asked i f there would be a public hearing on this issue prior to any action. Mr.Newcomer replied that there would be a public hearing,and suggested the building code as an appropriate place for any standards. Councilman Burgess requested that all mobile home sales. lots be notified in writing of a public hearing,should a hearing .take place. City Attorney David Alexander explained that such standards will not make those dealers selling older mobile REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 11 homes happy,and that grandfathering does not apply to health,safety,and welfare considerations. Acting Mayor Bluntschly asked i f this proposed temporary freeze would apply to all mobile homes being moved into the City. Mr.Newcomer that this is the consideration,only i f this was the intent of the Council..- Acting Mayor Bluntschly stated that shutting down placement of all mobile homes would not be viable. City Clerk Kathleen Connelly explained that staff was not certain what the Council intent was from the work session discussion,a complete freeze or only for older mobile homes,but this is at the option of the Council. Mr.Alexander asked Planning staff i f this referrs to installations,or mobile home parks that were approved prior to 1986. Mr.Nakagawa replied that this referrs to mobile home parks approved prior to 1986. Mr.Da Vee stated that at one point i t appeared that the State was agreeing to inspect and recertify units that had been altered,but now they don't appear to be willing to inspect alterations, and i f the City wishes to do that,i t would be our responsibility. Councilwoman Gardner asked for clarification on the intent of this action,or what exactly is being discussed. Mr.Newcomer explained that one would be one would be the age of the mobile home,HUD standards are from 1976 or newer,the other thing being discussed is mobile home parks,granting them exemptions to the standards unless i t was a new mobile home park. Councilman Burgess asked i f this isn't in essence denying affordable housing for some people. Mr.Newcomer stated that those older mobile home parks would provide that opportunity. City Attorney David Alexander stated that i f the City can establish a reasonable standard to measure to,five or ten years,we could live with a temporary freeze except for manufactored housing, not older than five years. freeze would be 90 to 120 days. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 12 Councilman Bluntschly asked i f the • Associate Planner/Deputy Director Jim Nakagawa replied that i f this will require a change in the zoning ordinance, in regards to mobile homes,the procedure will take a time frame of 90 to 120 days minimum. Mr.Alexander stated that i t would take 75 days with an absolutely perfect calendar. Councilwoman Gardner MOVED THAT DIRECTION BE.GIVEN TO STAFF TO PREPARE -AN ORDINANCE THAT REQUIRES COMPLIANCE WITH FEDERAL HOUSING AND URBAN DEVELOPMENT STANDARDS FOR MOBILE/MANUFACTURED HOMES INSTALLED IN APACHE JUNCTION WITH THE EXCEPTION OF THOSE INSTALLED IN MOBILE HOME PARKS THAT WERE APPROVED BEFORE 1986; I FURTHER MOVE THAT A TEMPORARY FREEZE BE PLACED ON THE ISSUANCE OF PERMITS FOR MOBILE HOMES INSTALLED OUTSIDE OF MOBILE HOME PARKS UNTIL SUCH STANDARDS ARE ADOPTED OR FOR A PREIOD NOT TO EXCEED 90 DAYS. Councilman Damiano seconded the motion. Councilwoman Gardner reread the motion with additions: THAT DIRECTION BE GIVEN TO STAFF TO PREPARE AN ORDINANCE THAT REQUIRES COMPLIANCE WITH FEDERAL HOUSING AND URBAN DEVELOPMENT STANDARDS FOR MOBILE/MANUFACTURED HOMES NOT OLDER THAN FIVE YEARS OLD INSTALLED IN APACHE JUNCTION WITH THE EXCEPTION OF THOSE INSTALLED IN MOBILE HOME PARKS THAT WERE APPROVED BEFORE 1986; I FURTHER MOVE THAT A TEMPORARY FREEZE BE PLACED ON THE ISSUANCE OF PERMITS FOR MOBILE HOMES INSTALLED OUTSIDE OF MOBILE HOME PARKS UNTIL SUCH STANDARDS ARE ADOPTED OR FOR A PERIOD NOT TO EXCEED 90 DAYS. Councilwoman Gardner withdrew the motion. Mr.Alexander explained that the discussion was that this was a modification of the temporary freeze,except that such freeze should not be applicable to mobile homes five years or newer. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO STAFF TO PREPARE AN ORDINANCE THAT REQUIRES COMPLIANCE WITH FEDERAL HOUSING AND URBAN DEVELOPMENT STANDARDS FOR MOBILE HOMES/MANUFACTURED HOMES INSTALLED IN APACHE JUNCTION WITH THE EXCEPTION OF THOSE INSTALLED IN MOBILE HOME PARKS THAT WERE APPROVED BEFORE 1986; I FURTHER MOVE THAT A TEMPORARY FREEZE BE PLACED ON THE ISSUANCE OF PERMITS FOR MOBILE HOMES INSTALLED OUTSIDE OF MOBILE HOME PARKS UNTIL SUCH STANDARDS ARE ADOPTED OR FOR A PERIOD NOT TO EXCEED 90 DAYS,AND FREEZE SHALL NOT BE APPLICABLE TO MOBILE HOMES FIVE YEARS OR NEWER. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 13 • Councilman Damiano seconded the motion. Councilman Burgess stated that HUD approved is 1976,but yet this motion says five years or newer,and what will a person who just bought a 1982 mobile home do. Mr.Alexander replied that such a person would have "vested rights",that anytime an ordinance is enacted and a person produces a contract dated prior to that enactment,where we would be depriving arreconomic benefit,that interest has to be protected. Councilman Burgess stated ttl,t a freeze is not -the answer,and would stop growth in the City. would take effect -in 30 days. Councilwoman Gardner asked i f this Mr.Alexander stated that i t is not an ordinance and would take effect immediately. Councilwoman Gardner gave her opinion that'a freeze for 90 days will not hurt,and is necessary. VOTE:In Favor:Councilman Damiano,Councilwoman Gardner;Councilwoman Perkins Councilman Bluntschly Opposed:Councilman Burgess The motion carried. PROPOSED RESOLUTION NO.88-01,LAND AND WATER CONSERVATION FUND )Director of Community Services Jeff Bell explained that this resolution will support a bill to be introduced by Congressman Udall that would revitalize the Land and Water Conservation Fund, and that the City of Apache Junction has been the recipient of $350,000.00 from this program over the past eight years,and requested approval of the resolution. Councilman Damiano MOVED THAT RESOLUTION NO.88-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUPPORTING CONGRESSMAN MORRIS UDALL'S LEGISLATION FOR THE CONTINUATION OF THE LAND AND WATER CONSERVATION FUND GRANT-IN-AID PROGRAM, BE APPROVED AND ADOPTED. motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 14 Councilwoman Perkins seconded the • VOTE:Unanimous The motion carried. AUTHORIZATION FOR RELEASE OF CONTINGENCY FUNDS FOR SENIOR CITIZENS MEALS PROGRAM ) )This item was deleted from the agenda as part of the Consent Agenda. ACCEPTANCE OF RESIGNATION FROM PLANNING AND ZONING COMMISSION;APPOINTMENT TO PLANNING AND ZONING COMMISSION )Councilman Damiano MOVED THAT THE RESIGNATION OF MARY KITCHEN FROM THE PLANNING AND ZONING COMMISSION,BE ACCEPTED i ) WITH REGRET; AND THAT RAY HOOKER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION,SAID TERM TO EXPIRE JUNE 30,1990. motion. Councilman Burgess seconded the Councilwoman Gardner gave her opinion that as a real estate agent,Mr.Hooker would have too many conflicts of interest. Councilman Damiano disagreed with this statement. Councilman Burgess pointed out that the City of Mesa has five realtors and developers on their City Council. Councilwoman Perkins agreed with Councilwoman Gardner's comment. VOTE:In Favor:Councilman Burgess,Councilman Damiano, Acting Mayor Bluntschly Opposed:Councilwoman Perkins,Councilwoman Gardner The motion carried. REQUEST FOR EXTENSION OF TIME TO CLEAN LITTER VIOLATION,PARKS )City Clerk Kathleen Connelly stated REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 15 that a violation on this particular property has not come before the Council before,and a -letter was received from Mr.Park's attorney indicating that he would like additional time to clean the property,as people have been dumping mainly construction materials on his property. Councilman Damiano MOVED THAT AN EXTENSION OF 30 WORKING DAYS,FROM THE DATE OF NOTIFICATION,BE GRANTEDTO MR.HOWARD E.PARKS TO CLEAN HIS PROPERTY. motion. Councilwoman Gardner seconded the Councilman Damiano commented that Mr.Parks has had two months to clean the property already. Councilwoman Gardner stated that nothing has been removed from that property. VOTE:Unanimous The motion carried. AWARD OF BID FOR IBM SYSTEM 36 FOR POLICE DEPARTMENT )Controller Keith Lewis explained that the IBM System 36 has been rebid,with the lowest bid submitted by Harris Data of Arizona,in the amount of $17,034.45,which reflects about $1,900 lower the the lowest bid of the previous bidding. Councilman Damiano MOVED THAT THE BID FOR AN IBM SYSTEM 36 FOR THE POLICE DEPARTMENT,BE AWARDED TO HARRIS DATA OF ARIZONA,IN THE AMOUNT OF $17,034.45. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,WORK SESSION, FEBRUARY 1,1988 EXECUTIVE SESSION,WORK SESSION, FEBRUARY 2,1988 )Councilman Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON FEBRUARY 1,1988,IN THE CITY COUNCIL CHAMBERS; REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 16 AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON FEBRUARY 2,1988,IN THE CITY COUNCIL CHAMBERS. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Perkins reported on progress of the Arizona Beautification Committee,with the assistance of staff,specifically Mr.Newcomer and Julie Reid. REQUESTS OF COUNCIL None. ADJOURNMENT )Councilwoman Gardner -MOVED THAT THE MEETING BE ADJOURNED AT 9:20 P.M. motion. VOTE:Unanimous - The motion carried. Councilman Damiano seconded the *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of December 15,1987 *3.Acceptance of Minutes from the Special Meeting of January 4,1988 *4.Acceptance of Minutes from the Regular Meeting of January 5,1988 ACCEPTED THIS 2ND DAY OF FEBRUARY ,1988,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 17 • SIGNED AND ATTESTED TO THIS 10TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk FEBRUARY DRMAN S.HILL MAYOA by Kenneth Bluntschly Acting Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1988 PAGE 18 ,1988.