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HomeMy WebLinkAbout1984-05-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 15,1984 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 15,1984,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Shanks,Councilman Steelsmith,Councilman Damian°, Councilman Taylor,Vice Mayor Eidson,Mayor Clarke Councilman Absent:Councilman Hill (ill) Staff Present:City Manager Michael J.McNulty Deputy City Clerk Lori V.Clark Controller Keith Lewis Representing Director of Public Safety,Patrol Lieutenant Reed Cox Associate Planner Jim Nakagawa Director of Public Works Rich Broman Economic Development Specialist John Schoeph City Engineer Jim Bakkedahl City Attorney David Alexander Others Present!Mr.Charles Newcomer Mr.Leland Wray 1447 S.Starr Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE AGENDA BE ACCEPTED AS PRESENTED. motion. VOTE:Unanimous The motion carried. Councilman Damiano seconded the ACCEPTANCE OF CONSENT AGENDA )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AFTER REMOVING ITEM "B"AND PLACING IT UNDER "OLD BUSINESS". BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A:PROPOSED ORDINANCE NO.252,PZ-1-84,APPLICATION BY KEN BAKKE AND MIKE PURCELL TO REZONE 15 ACRE PARCEL,LOCATED AT NORTHWEST CORNER OF SAN MARCOS DRIVE AND 12TH AVENUE IN SECTION 29.,FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT;C:PROPOSED ORDINANCE NO.263,PZ-10-84,APPLICATION BY DONNA AND ROBERT LOEWENSTEIN TO REZONE 10.8 ACRE PARCEL,LOCATED AT NORTHEAST CORNER OF BROADWAY AND IRONWOOD IN SECTION 20,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);D:PROPOSED ORDINANCE NO.264,PZ-11-84, APPLICATION BY GUY AND DOROTHY RIDENHOUR TO REZONE 1.25 ACRE PARCEL,LOCATED ON SOUTH SIDE OF SHIPROCK STREET,165 FEET EAST OF MAIN DRIVE IN SECTION 18, FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);E:ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF APRIL 23,1984;F:ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF APRIL 30,1984;AND G:ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF MAY 1,1984,BE AND HEREBY IS ACCEPTED AS PRESENTED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous Councilman Steelsmith and Mayor Clarke abstained specifically from Item "A",due to possible conflict of interest. The motion carried. PROPOSED ORDINANCE NO.258,PZ-5-84 ICAM PROPERTIES AND CARNEY (Second Reading) )Vice Mayor Eidson reiterated the problems discussed at the first reading,and asked if the developer could be required not to build units flush with the property line. City Manager Michael McNulty suggested that possibly the design for building the units could be worked with and some changes made. Vice Mayor Eidson asked i f the op- tions were to approve the rezoning for CB -1 or to deny the application.He also asked the applicants could submit a different zoning request. Mr.McNulty replied that the appli- cant could submit a new request,but could not bring back the same request for a year. Vice Mayor Eidson expressed his objection to two-story buildings next to a church. Mr.McNulty stated that apartments are considered a buffer area between the commercial areas on the highway and the single family dwelling units,which is what this project would provide. Councilman Shanks agreed that apart- ments are an effective buffer between homes and commercial areas. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.258,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 15,1984 PAGE 2 VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.258,by title only for the second reading. Deputy City Clerk Lori Clark,read as follows: ORDINANCE NO.258,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-84 FROM GR GENERAL RURAL TO CB -1 LOCAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.258,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-84 FROM GR GENERAL RURAL TO CB -1 LOCAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Steelsmith seconded the motion. VOTE:In Favor:Councilman Shanks,Councilman Steelsmith,Mayor Clarke Opposed:Councilman Damiano,Councilman Taylor,Vice Mayor Eidson The motion failed. Introduction of Distinguished Guests and Visitors Mayor Clarke recognized State Representative Roy Hudson. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented a Proclamation declaring May 20th through May 26th "Public Works Week",to Director of Public Works Rich Broman. Mr.Broman stated that if citizens of the community call in during this week,the Department of Public Works will pick up trash to improve the City. Mayor Clarke asked how much trash was picked up last year. Mr.Broman stated that approximately 70 loads were taken to the dump. Mayor Clarke read a Proclamation declaring May 16,1984,as "Older American's Day". CITY MANAGER'S REPORT City Manager Michael J.McNulty introduced Mr.Charles Newcomer,a former Associate Planner for the City,as the new Director of Planning. Mr.Newcomer expressed his wish to get started in the new position. REGULAR MEETING OF THE CITY COUNCIL MAY 15,1984 PAGE 3 NEW BUSINESS PROPOSED RESOLUTION NO.84-19, DECLARING CABLE COMMUNICATIONS FRANCHISE PROPOSAL AS PUBLIC RECORD ) )Mr.Broman stated that this resolution declares the proposal a public record,and the next agenda item offers license to Dowsat of Arizona for the installation of a cable tele- vision system in Apache Junction. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-19,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 CABLE COMMUNICATIONS FRANCHISE PROPOSAL FOR THE CITY OF APACHE JUNCTION BY DOWDEN COMMUNICATIONS,INC.,ATLANTA,GEORGIA (JANUARY 3,1984),WHICH MAY BE REFERRED TO AS THE "CABLE TELEVISION PROPOSAL",BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.281,AMENDING CHAPTER 14,CABLE TELEVISION,OF THE APACHE JUNCTION CITY CODE (First Reading with the Emergency Clause)) )Mr.Broman explained that there were minor revisions to the City Code with regard to Cable Television,specifi- cally construction,damages,fees,insurance,etc.,and is being presented with the emergency clause. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.281,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.281,by title only with the emergency clause. Deputy City Clerk Lori Clark,read as follows: ORDINANCE NO.281,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 14 CABLE TELEVISION,SECTION 14-1-17 CONSTRUCTION SEQUENCING,14-1-21 TIMELINESS,14-1-22 LIQUIDATED DAMAGES, 14-1-24 RATES,14-1-25 LICENSE FEES,14-1-33 REVERSION,14-1-46 INSURANCE, AND 14-1-47 PERFORMANCE BOND;AND BY ADDING ARTICLE 14-2 LICENSE GRANTED, SECTIONS 14-2-1 THROUGH 14-2-5,GRANTING A NON-EXCLUSIVE LICENSE TO CONSTRUCT INSTALL AND OPERATE LINES,WIRES,COAXIAL CABLE AND APPURTENANCES FOR ORIGINATING,RECEIVING,DISTRIBUTING AND SUPPLYING RADIO,TELEVISION AND OTHER CABLE COMMUNICATIONS SERVICES,ALONG,ACROSS AND UPON THE PUBLIC'S REGULAR MEETING OF THE CITY COUNCIL MAY 15,1984 PAGE 4 STREETS,WAYS,ALLEYS AND PLACES WITHIN THE CITY OF APACHE JUNCTION; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.281,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 14 CABLE TELEVISION,SECTION 14-1-17 CONSTRUCTION SEQUENCING, 14-1-21 TIMELINESS,14-1-22 LIQUIDATED DAMAGES,14-1-24 RATES,14-1-25 LICENSE FEES,14-1-33 REVERSION,14-1-46 INSURANCE,AND 12r:1=47 PERFORMANCE BOND;AND BY ADDING ARTICLE 14-2 LICENSE GRANTED,SECTIONS 14-2-1 THROUGH 14=7-5,GRANTING A NON-EXCLUSIVE LICENSE TO CONSTRUCT INSTALL AND OPERATE LINES,WIRES,COAXIAL CABLE AND APPURTENANCES FOR ORIGINATING,RECEIVING, DISTRIBUTING AND SUPPLYING RADIO,TELEVISION AND OTHER CABLE COMMUNICATIONS SERVICES,ALONG,ACROSS AND UPON THE PUBLIC'S STREETS,WAYS,ALLEYS AND PLACES WITHIN THE CITY OF APACHE JUNCTION;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.259,PZ-6-84, AMENDMENT TO LEGAL DESCRIPTION (First Reading as Amended with the Emergency Clause) )Associate Planner Jim Nakagawa, explained that due to an error found in the legal description,i t is necessary to amend this ordinance. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.259,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Steelsmith seconded the motion. VOTE:Unanimous Themotion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.259,by title only with the emergency clause. Deputy City Clerk Lori Clark,read as follows: ORDINANCE NO.259,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-6-84 FROM GR 'GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.259,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-6-84 FROM GR GENERAL REGULAR MEETING! OF THE: CITY COUNCIL MAY 15,1984 PAGE 5 RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED,AND THAT ORDINANCE NO.259,BE APPROVED AS AMENDED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.84-6, AB -84-4 CASPER,WRAY )City Engineer Jim Bakkedahl,briefed the Council on the request for abandonment of East 15th Avenue between Starr Road and South Vaquero Road,and stated that the Development Coordinating Committee has no objection. Councilman Damiano asked if 15th Avenue is an existing road. Mr.Bakkedahl stated that i t exists only as an easement. Mr.Leland Wray,1447 S.Starr, Apache Junction,requested approval of the abandonment request. Avenue is an existing road. only as an easement. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-6,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS -OF -WAY ON EAST 15TH AVENUE BETWEEN SOUTH STARR ROAD AND SOUTH VAQUERO ROAD,AS DESCRIBED IN STREET ABANDONMENT CASE AB -84-4,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE: .Unanimous The motion carried.. REQUEST FOR EXTENSION FOR LOT CLEAN-UP) )Mr.McNUltyiexplatned that three property owners have requested extensions to clean their,property,,mhich is required of them in order to comply with ArticleA-2tof the City Code. Councilman Shanks stated that as i t appears that these property owners are attempting to comply,they should be given some consideration. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE FOLLOWING INDIVIDUALS BE GRANTED AN EXTENSION OF TIME TO BRING THEIR PROPERTY INTO COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE. MARTIN MAFFEI AND CECELIA BERYL,30 DAY. EXTENSION TO EXPIRE JUNE 14,1984. KENNETH MUDGE,,30 DAY EXTENSION TO EXPIRE JUNE 14,1984. ROBERT COOK,45 DAY -EXTENSION TO EXPIRE JUNE 29, 1984.: Councilman Taylor seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY: 15,..1984 PAGE 6 VOTE:Unanimous The motion carried. SPECIAL MEETING,MAY 21,1984 WORK SESSION,MAY 29,1984 WORK SESSION,JUNE 4,1984 EXECUTIVE SESSION,WORK SESSION JUNE 5,1984 )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT:(a)A SPECIAL MEETING BE HELD ON MAY 21,1984,AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS FOR THE CANVASS OF VOTES;(b)A WORK SESSION BE HELD ON MAY 29,1984,IN THE COMMUNITY SERVICES BUILDING,AT 7:00 P.M.,FOR A BUDGET WORKSHOP;(c)A WORK SESSION BE HELD ON JUNE 4,1984,AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS,AND (d)THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JUNE 5,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION TO PURCHASE FIVE VEHICLES FOR DEPARTMENT OF PUBLIC SAFETY ) )Mr.McNulty stated that the funds are available to replace five very high -mileage vehicles. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AUTHORIZATION BE GIVEN TO THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE CITY MANAGER,TO PURCHASE FIVE (5)VEHICLES FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $10,650.00 (EACH)PLUS APPLICABLE SALES TAX. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Shanks reported that the Apache Junction Fire District will be conducting an election on June 19,1984,for a bond issue. REQUESTS OF COUNCIL None. ADJOURNMENT )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 7:44 P.M. Councilman Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 15,1984 PAGE 7 VOTE:Unanimous The motion carried. ACCEPTED THIS 5TH DAY OF JUNE ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 15,1984 PAGE 8