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HomeMy WebLinkAbout1986-10-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 21,1986 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 21,1986,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Eidson Councilman Baljo Councilwoman Gardner Councilwoman Taylor Vice Mayor Bakkedahl Mayor Hill Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Controller Keith Lewis Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph Director of Community Services Jeff Bell Deputy City Clerk Lori Clark Director of Library Pam Loui Mr.Phil Goldsberry Ms Trish Georgeoff Central Arizona Association of Governments Mr.Anthony Zeiber 1417 E.17th Avenue Apache Junction,AZ Ms Judith Van Houten 5110 N.40th St. Phoenix,AZ Ms Ruth Armsby 160 Victoria View Queen Valley,AZ Mr.Tom Beaman 5670 S.Ecantro Mesa,AZ Mr.Terry Kutzbach 2462 S.Gaucho Mesa,AZ REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 1 Mr.Keith Stachar 6301 E.Roundup Apache Junction,AZ Mr.Terry Spence 1701 S.Monterey Apache Junction,AZ Mr.Thomas Vittori 522 S.Cortez Apache Junction,AZ Mr.Dan Ruby 1325 N.Desert View Drive Apache Junction,AZ ACCEPTANCE OF CONSENT AGENDA )Councilman Baljo MOVED THAT CONSENT AGENDA ITEM NOS.1 AND 2 BE ACCEPTED AS PRESENTED. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilman Baljo,Councilwoman Gardner,Councilman Eidson, Councilwoman Taylor,Vice Mayor Bakkedahl,Mayor Hill Abstained:Mayor Hill (on Items No.2,as was not present at meeting) Introduction of Distinguished Visitors and Guests Mayor Hill thanked all those present for attending the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mr.Phil Goldsberry,Central Arizona Association of Governments,outlined the purpose of CAAG. Ms Trish Georgeoff explained the various programs available through CAAG, including Block Grants. CALL TO THE PUBLIC Mr.Anthony Zeiber,1417 E.17th Avenue,Apache Junction,addressed the Council with a complaint pertaining to the Apache Junction Fire Department,and requested a letter to waive a fire plug required by the Fire Department. Councilman Eidson stated that i t has been concluded by the Council that an improvement district should be formed in this area,to eventually provide fire hydrants which would eliminate the requirement for a fire plug. City Attorney David Alexander advised Mr.Zeiber that the City has no control over the Fire Department,as they are governed by the Fire Board and the Fire District. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly read into the record the consensus report from the Apache Junction Growth Conference,held in Wickenburg the previous weekend. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 2 PROPOSED ORDINANCE NO.530,AMENDMENT TO CHAPTER 3 ADMINISTRATION OF THE CITY CODE,PERTAINING TO REVISIONS AND ADDITIONS TO THE POLICE POLICIES AND PROCEDURES (With Emergency Clause) )Director of Public Safety Bill McDaniel explained that proposed Ordinance No.530 brings the Police Policies in line with the Fair Labor Standards,and defines duties of some of the newer positions and responsibilities,but that no new positions are being created. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO:530,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Taylor seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.530,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION,ARTICLE 3-10 PERSONNEL SYSTEM,PERTAINING TO DEFINITIONS OF TERMS,POSITIONS AND DUTIES, HOURS OF WORK,VACATION LEAVE,OVERTIME,RETIREMENT,UNIFORM AND EQUIPMENT,CODE OF DISCIPLINE,BOARD OF INQUIRY,PERSONAL DAYS,PERSONNEL/INTERNAL AFFAIRS, OUTSIDE EMPLOYMENT,PORTABLE ROADBLOCK SYSTEMS,AND RENUMBERING TO CONFORM; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Eidson MOVED THAT ORDINANCE NO.530,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.533, PZ-32-86,CRISTALL AND ROLLINGHER (Postponed Item) )Associate Planner/Deputy Director Jim Nakagawa briefed the Council on the request for rezoning of a five acre parcel,located on the north side of Smoketree Street between Cedar and Warner Drive,from GR General Rural to CR-3 (MH)Single Family Residence,and stated that the Planning and Zoning Commission recommends approval of the application. Ms Judith Van Houten,5110 N.40th Street,Phoenix,addressed the Council requesting approval of the application, and stated that there is not a proposal for development at this time. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO.533,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 3 Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.533,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-32-86,FROM GR GENERAL RURAL TO CR-3 (MH)SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.533,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. Councilman Baljo amended the motion THAT A SUBDIVISION PLAT NOT BE FILED WITH THE CITY WITHIN TWO YEARS (INSTEAD OF ONE YEAR),OR THE ZONING REVERTS TO GENERAL RURAL. Councilman Eidson seconded the amendment to the motion. Councilman Baljo explained the reason for the amendment being that as the applicant does not have a present proposal,one year may not be sufficient. Councilwoman Gardner asked i f the Council can legally make this type of amendment. City Attorney David Alexander replied that the upon enacting a conditional zoning amendment provisions in the City's amendment procedures,with the general statement that i f the zoning classification request is not utilized within a two year period,that the Planning and Zoning Commission may request that i t revert back to the original classification,and also that the Council may also stipulate a conditional zoning amendment based upon form of development,which applies in this case. VOTE (on the amendment to the motion):Unanimous The amendment to the motion carried. VOTE (on the original motion with the amendment):Unanimous The motion carried. PROPOSED ORDINANCE NO.539 AND RESOLUTION NO.86-37,ADOPTION OF AND DECLARING A PUBLIC RECORD,THE POLICIES FOR THE USE OF THE LIBRARY'S PROGRAM ROOM (With the Emergency Clause) )Director of Library Pam Loui stated that this the Library Board of Trustees has made recommendations for the Policies for the use of Library's Program Room,and members of the Board are present should the Council wish to ask questions. Vice Mayor Bakkedahl clarified that there are two rooms available;the Program Room,and the Community Center meeting room. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 4 Councilwoman Gardner suggested that the smoking policy be changed to having a designated area,the patio. Councilman Eidson asked i f this room is available to "private"organizations. Ms Loui explained that private organizations have the use of the room in the Community Center. Councilwoman Taylor asked i f the fee schedule is included in the ordinance. City Attorney David Alexander recommended that a minimal charge be established for every organization,except City departments,and not exempt any group from the fee. Acting City Manager/City Clerk Kathleen Connelly suggested a fee of $5.00 per hour for the use of the facility, so that i t is uniform. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Taylor MOVED THAT ORDINANCE NO.539,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.539,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.539,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THERE BE DESIGNATED SMOKING AREAS AND FURTHER THAT RESOLUTION NO.86-37,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.541,REVISION TO PERSONNEL POLICIES -SEXUAL HARRASSMENT (With the Emergency Clause)) )Acting City Manager Kathleen REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 5 Connelly explained that Ordinance No.541 adds to the Personnel Policies a section on sexual harrassment. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.541,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.541,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION,ARTICLE 3-10 PERSONNEL SYSTEM,PERTAINING TO SEXUAL HARASSMENT,RENUMBERING TO CONFORM, REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.541,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. Councilman Eidson expressed concern that employees could take advantage of this,without real cause. Vice Mayor Bakkedahl asked i f an employee directly supervised by the City Manager,with a complaint,could go to the person immediately below the City Manager,rather than to the City Council. City Attorney David Alexander stated that i t would not be appropriate to go down in the chain of command. City Clerk Kathleen Connelly suggested the City Attorney as an alternative in that type of instance. Vice Mayor Bakkedahl felt that this would also be inappropriate. VOTE:In Favor:Councilman Baljo,Councilwoman Gardner,Councilwoman Taylor, Mayor Hill Opposed:Vice Mayor Bakkedahl,Councilman Eidson The motion carried without the Emergency Clause. PROPOSED ORDINANCE NO.542, PZ-28-86,ARNOLD TRUST )Director of Planning Chuck Newcomer briefed the Council on the request for rezoning of a 1.25 acre parcel,located between East 17th Avenue and East 18th Avenue on Wickiup Road,from GR General Rural to C-2 Local Commercial District,by Continental Illinois National Bank & Trust Co.of Chicago,Trustee of the Marie Arnold Trust,and stated that the Planning and Zoning Commission recommended denial of the original application for C-3 zoning,but after being sent back to the Commission and changing the request to C-2,the Commission recommended approval of the application with stipulations. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 6 Ms Ruth Armsby,160 Victoria View, Queen Valley,Apache Junction,representative for the applicant,stated that the proposed use for the property was sales of water accessories and the storage of well drilling equipment,which C-3 zoning would have better suited. Mr.Tom Beaman,owner of Beaman Drilling Company,5670 S.Ecantro,stated that his company is in the process of purchasing the property,and explained the proposed use. Mr.Newcomer explained that i t will be necessary for the applicants to request a Special Use Permit,should be zoning be approved for C-2,as a C-4 zoning would have been more appropriate, but was recommended for denial in this area. Councilwoman Gardner explained that the Council cannot amend this rezoning to a higher use,but can for a lower use, so unless the applicant reapplies for a higher use the request must remain as is. Councilmembers asked the applicant which they wished to do,based on that fact. Ms Armsby and Mr.Beaman stated that they wished an action on the application as i t is currently. Mayor Hill 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 Hill closed the hearing to the public. Planning and Zoning Commission Chairman,Tony Vehon,addressed the Council outlining the reasons for the Planning and Zoning Commission recommendations,and gave the opinion that the highest zoning the applicant should request for this area is C-2. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.542,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.542,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,BY 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-28-86 FROM GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.542,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 7 Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting. PROPOSED ORDINANCE NO.543,TRANSPORTATION BOARD (With Emergency Clause)(Postponed)) )Acting City Manager Kathleen Connelly explained that during the Transportation Board meetings,certain problems have become apparent,such as most communications come from the Department of Public Works,and recommended that the coordination for this Board be done by the Department of Public Works.Ms Connelly further stated that due to lack of agenda items on a monthly basis,i t is not necessary for the Board to meet once a month as dictated by the existing Ordinance,and suggested amending the Ordinance to require meetings only as necessary. Mayor Hill 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 Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.543,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.543,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 2 MAYOR AND COUNCIL,ARTICLE 2-17 APACHE JUNCTION TRANSPORATION BOARD;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.543,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. Vice Mayor Bakkedahl amended the motion THAT THE TRANSPORTATION BOARD MEET A MINIMUM OF ONCE PER YEAR. Councilman Baljo seconded the amendment to the motion. VOTE (on the amendment to the motion):Unanimous The amendment carried. VOTE (on the motion with the amendment):Unanimous The motion carried. PROPOSED ORDINANCE NO.536,PZ-37-86, DAV SUPERSTITION MOUNTAIN CHAPTER NO.30 ) )Director of Planning Chuck Newcomer explained that the applicant could not attend this hearing,and requests postponement until the next regular meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 8 Councilman Baljo MOVED THAT ORDINANCE NO.536 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4,1986. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.537, PZ-38-86,ITAM LIZZIE LO CURTO )Director of Planning Chuck Newcomer explained that this is an application for rezoning of a 5 acre parcel,located between 16th Avenue and East 17th Avenue from South Bowman Road to South Cortez Road,from General Rural to C-3/PD General Commercial District by Planned Development,and stated that the Planning and Zoning Commission recommends approval with stipulations as pertain to a planned development. Mr.Terry Kutzbach,2462 S.Gaucho, Mesa,requested approval of the application,and outlined the proposal for a shopping center. Mayor Hill 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 Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.537,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.537,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 MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-38-86 FROM GR GENERAL RURAL TO C-3/PD GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.537,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilman Eidson,Councilman Baljo,Councilwoman Gardner, Vice Mayor Bakkedahl,Mayor Hill Abstained:Councilwoman Taylor The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 9 PROPOSED ORDINANCE NO.538, PZ-39-86,HARAMBASIC )Assistant Planner,Doug Williams, briefed the Council on the request for rezoning of a 2.3 acre parcel,located east of Meridian 300 feet north of Apache Trail,from General Rural to C-3 General Commercial,and further stated that the Planning and Zoning Commission recommends approval of the application with stipulations. Mr.Keith Stachar,6301 E.Roundup, Apache Junction,representing the applicants,requested approval of the rezoning. Mayor Hill asked if 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 Hill closed the hearing to the public. Councilwoman Taylor MOVED THAT ORDINANCE NO.538,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.538,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 MAP,APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-86 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO.538,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.544,AMENDING THE APACHE JUNCTION COMMUNITY SERVICES FACILITY USE MANUAL,USER CATEGORIES (With the Emergency Clause)(Postponed)) )Director of Community Services Jeff Bell explained that the acceptance of this Use Manual was postponed pending recommendations for insurance requirements,and recommended that should the facilities be requested for the use they were intended for,no liability insurance be required,and that be a requirement for one million dollars in coverage for non -city sponsored activity with the exception of the Community Center. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO.544,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 10 Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.544,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CITY OF APACHE JUNCTION COMMUNITY SERVICES DEPARTMENT FACILITY USE MANUAL; REPEALING ANY CONFLICTING;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.544,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT UNDER USER CATEGORIES NOS.2 AND 3 BE NONE FOR USES AS DESIGNATED,AND ANY OTHER USES TO REQUEST CITY COUNCIL CONSIDERATION. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.545,OPTIONAL DEADLINE FOR FILING NOMINATION PAPERS (With the Emergency Clause) )Acting City Manager/City Clerk Kathleen Connelly explained that State law was recently changed to allow for optional filing dates for the nomination papers necessary to run for city council,with a provision that a city or town may use the old method i f adopted by ordinance. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.545,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.545,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,FIXING THE DATES FOR CANDIDATES TO FILE NOMINATION PAPERS FOR MUNICIPAL ELECTIONS AS AUTHORIZED BY ARIZONA REVISED STATUTES §16-311;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.545,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. Councilman Eidson seconded the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 11 VOTE:Unanimous The motion carried. OLD BUSINESS None. III NEW BUSINESS APPOINTMENT TO THE LIBRARY BOARD ) )Mr.Terry Spence,1701 S.Monterey Avenue,Apache Junction,a member of the Library Board,explained that Rosaline Debnam resigned from the Board,creating a vacancy.Mr.Spence stated that the Library Board recommends the appointment of Cheryl Class -Erickson to that vacancy. Councilwoman Taylor MOVED THAT MS CHERYL CLASS-ERICKSON BE APPOINTED TO THE LIBRARY BOARD,SAID TERM TO EXPIRE JUNE 30,1988. motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the PROPOSED RESOLUTION NO.86-39, AB -86-06,VITTORI AND MCKAY )Director of Public Works Rich Broman briefed the Council on the request for the abandonment of Fifth Avenue from Conestoga Road to Cortez Road,and stated that the Development Coordinating Committee recommends approval of the abandonment. Mr.Thomas Vittori,522 S.Cortez, Apache Junction,requested approval of the application for abandonment. Councilwoman Taylor MOVED THAT RESOLUTION NO.86-39,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS FIFTH AVENUE BETWEEN CORTEZ ROAD AND CONESTOGA ROAD DESCRIBED IN STREET ABANDONMENT CASE AB -86-06,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE RIGHTS -OF -WAY,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. WATER IMPROVEMENT DISTRICT )Director of Public Works Rich Broman explained that a request was made for a Community Development Block Grant by Mr.Kenneth Rheim on August 5th,to provide water to certain areas,and because the request did not comply with CDBG requirements i t was concluded that an Improvement District would be a more viable alternative.Mr.Broman requested that the Council give authorization to allow the Department of Public Works to coordinate the establishment of an Improvement District for the extension of water mains. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 12 Mr.Kenneth Rheim,2181 N.Starr Rd.,Apache Junction,addressed the Council requesting approval. Councilwoman Gardner MOVED THAT AUTHORIZATION BE GIVEN THE DEPARTMENT OF PUBLIC WORKS,THROUGH THE ACTING CITY MANAGER,TO COORDINATE WITH PROPERTY OWNERS AND THE ARIZONA WATER COMPANY TO ASSIST IN THE PREPARATION OF A PETITION TO ESTABLISH AN IMPROVEMENT DISTRICT FOR THE EXTENSION OF WATER MAINS. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. AMENDED FINAL PLAT,INDIAN SUMMERS CONDOMINIUMS,PHASE II,III,AND IV ) )Director of Planning Chuck Newcomer stated that this is a request for approval of an amendment to a final plat for the Indian Summers Condominiums,Phase II,III,and IV,and further stated that upon review,the Subdivision Committee recommends approval. Councilman Baljo MOVED THAT THE "FINAL PLAT OF INDIAN SUMMERS CONDOMINIUMS,PHASE II,III,AND IV AMENDED",BE APPROVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. TRANSPORTATION BOARD GOALS, DESIGN CONCEPT REPORT FOR FREEWAY BILLBOARD POLICY ) )Transportation Board Chairman,Tony Vehon,addressed the Council outlining the Transportation Board Goals and Objectives,recommendations to the Arizona Department of Transportation on Design Concept Report for the Superstition Freeway,and recommended the Sign Ordinance as pertains to Billboard policy be sent back to the Planning and Zoning Commission for review and possible amendment. Councilwoman Gardner MOVED THAT THE GOALS AND OBJECTIVES FOR THE TRANSPORTATION BOARD,BE APPROVED; AND THAT THE RECOMMENDATIONS AS PRESENTED BY THE TRANSPORTATION BOARD BE APPROVED,AND THAT THE DEPARTMENT OF PUBLIC WORKS,THROUGH THE ACTING CITY MANAGER,BE DIRECTED TO PROVIDE THE ARIZONA DEPARTMENT OF TRANSPORTATION WITH NOTICE OF THESE ACTIONS AND FURTHER COORDINATE AS MAY BE APPROPRIATE; AND THAT THE SIGN ORDINANCE BE REVIEWED IN REGARD TO BILLBOARD CONSTRUCTION ALONG THE SUPERSTITION FREEWAY CORRIDOR. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. REQUESTS FOR COMMUNITY CENTER FACILITY USE FOR POLITICAL PURPOSES FOR JEAN PERKINS AND THE APACHE JUNCTION AREA DEMOCRATS ) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 13 )Director of Community Services Jeff Bell explained that there are two requests for the use of the Community Center Facility for political purposes;one by the Apache Junction Area Democrats to conduct monthly meetings;and one by Jean Perkins to hold a "Meet Your Candidate"night,and recommended approval. Vice Mayor Bakkedahl MOVED THAT THE REQUEST FOR THE USE OF THE COMMUNITY CENTER FACILITY BY THE APACHE JUNCTION AREA DEMOCRATS TO CONDUCT MONTHLY MEETINGS,AND BY JEAN PERKINS FOR "MEET YOUR CANDIDATE NIGHTS"ON NOVEMBER 2,1986,BE APPROVED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. OFFICIAL DESIGNATION OF CITY VEHICLES )Acting City Manager/City Clerk Kathleen Connelly stated that State law stipulates that each political subdivision,such as the city,designate it's official vehicles in a particular manner to include a city seal and specific wording.The law allows the Council to exempt vehicles which would not have the official seal and governmental license plates i f they are used in felony investigations and in confidential matters.Ms Connelly recommended the Police Department undercover vehicles,and the vehicles used by the Chief of Police and the City Manager be exempted,since they are equipped to be used for unmarked police cars. Councilman Baljo MOVED THAT THE FOLLOWING CITY VEHICLES BE DESIGNATED AS EXEMPT: POLICE UNDERCOVER WORK CARS,CHIEF OF POLICE CAR,AND THE CITY MANAGER'S CAR,IN COMPLIANCE WITH ARIZONA REVISED STATUTE §28-1443. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.86-40,VACATION OF A PORTION OF MANZANITA STREET,EAST OF DESERT VIEW DRIVE (RUBY) )Ms Connelly explained that at the first meeting in July,the abandonment of a portion of Manzanita Street was discussed due to the abandonment of an adjacent section of the Street,and in order to complete this,i t is necessary for the Council to take action. Mr.Dan Ruby,1325 N.Desert View, Apache Junction,requested approval of the abandonment. Mayor Hill explained that this action is to give the property back to Mr.Ruby. Councilwoman Taylor asked i f Mr.Ruby has total use of the property following this action. Director of Public Works Rich Broman replied that this is correct,this is not a Federally Patented Easement. Councilwoman Gardner MOVED THAT RESOLUTION NO.86-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A PORTION OF A ROADWAY LOCATED ON REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 14 MANZANITA STREET BE VACATED,AND THAT THE TITLE TO SUCH PORTION OF ROADWAY SHALL VEST IN THE NAMES OF DANIEL T.RUBY AND GLORIA A.RUBY AS JOINT TENANTS SUBJECT TO THE SAME ENCUMBERANCES,LIENS,LIMITATIONS,RESTRICTIONS,AND ESTATES AS EXIST ON THE LAND TO WHICH IT ACCRUES,BE APPROVED AND ADOPTED. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION ON GROWTH CONFERENCE RECOMMENDATIONS (PUBLIC INFORMATION PERSON,BED TAX,SEWER SYSTEM) )Ms Connelly stated that this item requires action from the Council to authorize staff to take the steps necessary to study and research of the recommendations resulting from the Apache Junction Growth Conference,as i t will constitute the use of staff time and resources. Councilman Baljo MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO TAKE THE FOLLOWING STEPS TO RESEARCH AND/OR IMPLEMENT THE FOLLOWING RECOMMENDATIONS RESULTING FROM THE APACHE JUNCTION GROWTH CONFERENCE: 1.CONTACT THE CITY OF MESA IN REGARDS TO DEVELOPING AN INTERGOVERNMENTAL AGREEMENT FOR SEWAGE TREATMENT 2.CONTACT PUBLIC AGENCIES AND PRIVATIZATION FIRMS TO OBTAIN PRELIMINARY INFORMATION FOR DEVELOPMENT OF PROPOSALS,REP,IN REGARDS SEWAGE COLLECTION AND TREATMENT SYSTEMS 3.INVESTIGATE WHAT COSTS WOULD BE INCURRED FOR ENGINEERING AND FINANCE STUDIES TO EVALUATE THE DIFFERENCE BETWEEN A SEWAGE SYSTEM,1)TOTALING DEVELOPED AND FINANCED BY THE CITY INCLUDING GRANTS,2)PARTIALLY DEVELOPED BY THE CITY TO INCLUDE WITH MESA FOR TREATMENT,3)PRIVATIZATION OF THE COLLECTION AND TREATMENT,4)PRIVATIZATION OF THE COLLECTION WITH THE MESA OPTION FOR TREATMENT. 4.DETERMINE WHAT ENGINEERING AND ECONOMIC ASSESSMENT FEE WOULD BE NEEDED TO DETERMINE IF THE CITY CAN DEVELOP A SEWAGE SYSTEM AND ACQUIRE WATER COMPANIES SIMULTANEOUSLY,CONSIDERING THE MESA OPTION AND PRIVATIZATION OF THE SEWAGE SYSTEM,AND SUBMIT THE RECOMMENDATIONS FOR FINANCING. I FURTHER MOVE THAT DIRECTION BE GIVEN TO CONTACT THE CITY OF MESA REGARDING SEWER SYSTEM EXPANSION AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION FOR BID:COMPUTER UPGRADE TO SYSTEM 36 )Controller Keith Lewis explained that the present system,an IBM System 34,is not cost-efficient,and requested authorization to solicit bids for a new IBM System 36 with three options available at currently. Vice Mayor Bakkedahl MOVED THAT AUTHORIZATION BE GIVEN THE CONTROLLER,THROUGH THE ACTING CITY MANAGER,TO PROCEED WITH AN RFP FOR THE PURCHASE OF AN IBM SYSTEM 36 TO INCLUDE THE APPROPRIATE SOFTWARE. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 15 Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT TO THE CITY COUNCIL ) )Councilwoman Taylor MOVED THAT THE APPOINTMENT TO THE CITY COUNCIL,TO FILL THE VACANT SEAT,BE POSTPONED UNTIL THE COUNCIL HAS SET A TIME TO INTERVIEW THE APPLICANTS. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,WORK SESSION, NOVEMBER 3,1986 EXECUTIVE SESSION,WORK SESSION NOVEMBER 4,1986 ) )Councilwoman Gardner MOVED THAT AN EXECUTIVE SESSION BE HELD AT 5:30 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON NOVEMBER 3,1986,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND AND A WORK SESSION BE HELD AT 5:30 P.M.,ON NOVEMBER 4,1986,IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL None. ADJOURNMENT ) )Councilman Baljo MOVED THAT THE MEETING BE ADJOURNED AT 10:10 P.M. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from Regular Meeting of October 7,1986 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 16 ACCEPTED THIS 4TH DAY OF NOVFMRFR ,1986,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. 77 a -1.27A NORMAN S.HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 21,1986 PAGE 17