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HomeMy WebLinkAbout1984-07-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 17,1984 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 17,1984,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: Staff Present: Others Present: Councilman Taylor,Councilman Shanks,Councilman Steelsmith, Councilman Hill,Councilman Damiano,Vice Mayor Eidson, Mayor Clarke City Manager Michael J.McNulty City Clerk Kathleen Connelly Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman City Engineer Jim Bakkedahl Controller Keith Lewis Economic Development Specialist John Schoeph City Attorney Dave Alexander Deputy City Clerk Lori Clark George and Jean Vaughn P.O.Box 187 Young,Arizona 85554 Mr.Harvey Morrison 1834 W.Roundup Apache Junction,Arizona 85220 Mr.William B.Wallace 1535 E.Hwy 60 Apache Junction,Arizona 85220 Mr.Jerry Nickels 602 E.Navajo Apache Junction,Arizona 85220 ACCEPTANCE OF THE AGENDA )Councilman Hill 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. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA )Councilman Steelsmith 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. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A:PROPOSED ORDINANCE NO.277,PZ-19-84,APPLICATION BY MARGARET STRAUSS,APACHE JUNCTION ASSOCIATES,ALFRED SCHLEHLEIN,RICHARD HERRLE,AND MURRAY ROTH TO REZONE 36 ACRE PARCEL,LOCATED BETWEEN BROADWAY,TOMAHAWK,AND U.S.HIGHWAY 60 IN SECTION 28,FROM GR GENERAL RURAL TO CB -1 LOCAL BUSINESS ZONE,CB -2 GENERAL BUSINESS ZONE,AND CR-5 MULTIPLE RESIDENCE ZONE;B:PROPOSED ORDINANCE NO.278,PZ-20-84,APPLICATION BY PORTUS IDSO AND MARSHALL AND PORTIA WHITE TO REZONE 1.25 ACRE PARCEL,LOCATED ON SOUTHWEST CORNER OF SMOKETREE STREET AND MAIN DRIVE IN SECTION 18,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);C:PROPOSED ORDINANCE NO.279,PZ-21-84,APPLICATION BY DUANE BEEMAN TO REZONE 0.9 ACRE PARCEL,LOCATED AT SOUTHEAST CORNER OF GREASEWOOD STREET AND WARNER DRIVE IN SECTION 18,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);D:PROPOSED ORDINANCE NO.280,PZ-22-84,APPLICATION BY DUANE BEEMAN TO REZONE 2.5 ACRE PARCEL,LOCATED AT SOUTHWEST CORNER OF ROUNDUP STREET AND VALLEY DRIVE IN SECTION 17,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);AND E:ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF JULY 3,1984,BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Shanks seconded the motion. VOTE:Unanimous (Councilman Damiano abstained from Item "E",as he was not present at the meeting in question.) The motion carried. Introduction of Distinguished Guests and Visitors Councilman Hill welcomed Director of Public Safety Bill McDaniel,and Wendy Derzawiec,a reporter for Apache Junction News,back from their va- cations in Hawaii. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CITY MANAGER'S REPORT City Manager Michael J.McNulty reported that Cable Television in the City is progressing on schedule.Mr.McNulty also informed the public that copies of the City's Five -Year Street Improvement Plan are available,and that streets are being prepared for the first phase of improvements. Mr.McNulty informed the Council that the Library Selection Committee is meeting for architect selection. REGULAR MEETING OF THE CITY COUNCIL JULY 17,1984 PAGE 2 PUBLIC HEARINGS PROPOSED ORDINANCE NO.283,PZ-24-84, VAUGHN (First Reading) the public. Mayor Clarke opened the hearing to Director of Planning Chuck Newcomer, briefed the Council on the request for rezoning from GR General Rural to CB -2 General Business Zone of a 4.75 acre parcel,located at the northeast corner of Broadway and Royal Palm in Section 21. George and Jean Vaughn,P.O.Box 187,Young,Arizona 85554,requested approval of the rezoning application and explained the various right-of-way dedications made and that the additional 40 foot right-of-way would not be used for permanent dwellings, as this dedication had been requested.They requested to be compensated for the additional right-of-way if it were ever needed,based on the appraised value. Mayor Clarke 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 Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the staff has no objections,and that the Planning and Zoning Commission recommends approval. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.283,by title only for the first reading. as follows: City Clerk Kathleen Connelly,read ORDINANCE NO.283,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 CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-24-84 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.285,PZ-26-84, HOLSINGER AND HARTSHORN(First Reading)) )Mayor Clarke opened the hearing to the public. Mr.Newcomer briefed the Council on the application for rezoning from GR General Rural to Trailer Homesite Zone of a 27,000 square foot parcel,located on the west side of Ocotillo Drive about 150 feet south of Ohio Street in Section 19. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council,Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning and Zoning Commission have no objections to the application and that the Planning staff recommend approval. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.285,by title only for the first reading. REGULAR MEETING OF THE CITY COUNCIL JULY 17,1984 PAGE 3 City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.285,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-26-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED RESOLUTION NO.84-27, PROVIDES LEGAL NOTICE THAT THE CITY INTENDS TO MAINTAIN CONTROL OF FLOODPLAIN MANAGEMENT )City Manager McNulty explained that this resolution provides legal notice that the city intends to maintain control of floodplain management with the city limits,which must be done officially otherwise i t would revert to the County. Mr.Harvey Morrison,1834 W. Roundup,Apache Junction,asked for an explanation of "Floodplain Management". Mr.McNulty outlined the different categories of flood areas ,and howithese categories affect Flood insurance, and that: if the city does not have Floodplain Management,Federal Flood Insurance would not be available. Mayor Clarke closed the hearing to -the: public.. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RETAINING THE RESPONSIBILITY FOR THE MANAGEMENT OF FLOODPLAIN ACTIVITIES TO REDUCE FUTURE FLOOD LOSSES PURSUANT TO THE NATIONAL FLOOD INSURANCE ACT OF 1968 AND TITLE 45,CHAPTER 10,ARTICLE 4 CF THE ARIZONA REVISED STATUTES AND AMENDMENTS THERETO;AND DECLARING AN EMERGENCY. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Councilman Damiano expressed the urgency of doing this now,rather than in the future. PROPOSED ORDINANCE NO.294,AMENDING THE CITY FLOODPLAIN MANAGEMENT ORDINANCE TO COMPLY WITH ARIZONA REVISED STATUTES (First Reading with Emergency Clause)) )Mayor Clarke opened the hearing to the public. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.294,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 REGULAR MEETING OF THE. CITY COUNCIL JULY'17,1984 PAGE 4 . The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.294,by title only with the emergency clause. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.294,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 5,VOLUME I I OF THE LAND DEVELOPMENT CODE OF THE CITY OF APACHE JUNCTION,PERTAINING TO FLOODPLAIN MANAGEMENT;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.294,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 5,VOLUME I I OF THE LAND DEVELOPMENT CODE OF THE CITY OF APACHE JUNCTION,PERTAINING TO FLOODPLAIN MANAGEMENT;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 16 LIQUOR LICENSE SUNDANCER RESTAURANT &LOUNGE )Mayor Clarke opened the hearing to the public. Mr.William B.Wallace 1535 E. Highway 60,Apache Junction,requested approval of the application. Councilman Damiano asked i f Mr. Wallace is buying from Mr.Tippett. Mr.Wallace replied that he is. Mayor Clarke asked is the applicant is new to Apache Junction. Mr.Wallace stated that he had moved here recently. Mayor Clarke 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 Clarke closed the hearing to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR A SERIES 16 LIQUOR LICENSE,SUBMITTED BY MR.WILLIAM B.WALLACE AGENT FOR SUNDANCER RESTAURANT &LOUNGE,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY :COUNCIL . JULY 17,1984 PAGE .5 Vice Mayor Eidson informed the Council and public that there will be a proposed change in the business license ordinance on the next work session agenda. OLD BUSINESS PROPOSED ORDINANCE NO.236,PZ-35-83, ANDERSON (Second Reading) (Postponed Item) )Several Councilmembers expressed their opinion that this rezoning request does not comply with the General Plan. Councilman Damiano stated that the trailer park presently owned by the applicants is in great need of cleaning up. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.236,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous Mayor Clarke called upon the City Clerk to read Ordinance No.236,by title only for the second reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.236,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 CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-35-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.236,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 CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-35-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS DENIED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. APPROVAL OF CONTRACT FOR CITY ATTORNEY FOR FISCAL YEAR OF 1985-86 )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE ATTORNEY CONTRACT FOR THE FISCAL YEARS 1985 AND 1986 BE AWARDED TO HIRSCH & ALEXANDER,IN THE AMOUNT OF $65,000.00 PER YEAR. Councilman Hill seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JULY 17,1984 PAGE 6 VOTE:In Favor:Councilman Shanks,Councilman Damiano,Councilman Taylor, Councilman Steelsmith,Councilman Hill,Vice Mayor Eidson Abstained:Mayor Clarke The motion carried. AWARD OF CONTRACTS TO CONSULTANTS (Street Improvement Bonds) )Director of Public Works explained the procedures for solicitation and selection of consultants for the series of streets in the first phase,and recommended firms for consulting services and engineering work on those streets. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN CONJUNCTION WITH THE STREET IMPROVEMENT PROGRAM, AUTHORIZATION IS GIVEN TO THE CITY MANAGER TO EXPEND $69,845 FOR CONSULTING SERVICES AND ENGINEERING WORK TO THE FIRMS OF: CELLA BAR & ASSOCIATES FRANZOY-COREY CIVIL ENGINEERING COMPANY O'DELL AND ASSOCIATES CONSULTING ENGINEERS PARSONS,BRINCKERHOFF,QUADE &DOUGLAS,INC. RITOCH-HERZ-POWELL CONSULTING ENGINEERS,INC. ROYDEN ENGINEERING COMPANY WILSON &COMPANY ENGINEERS FOR THE FOLLOWING PROJECTS: PW-84-12 PALM SPRINGS MOBILE HOME ESTATES PW-84-8 JUNCTION -IDAHO TO TOMAHAWK PW-84-6 LOST DUTCHMAN -MERIDIAN TO IRONWOOD PW-84-7 ROUNDUP -MERIDIAN TO IRONWOOD PW-84-10 STARR RD.-SUPERSTITION TO BROADWAY PW-84-11 SUPERSTITION ESTATES SUBDIVISION PW-84-9 4TH AVENUE -WINCHESTER TO TOMAHAWK motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF AMENDMENTS TO DEVELOPMENT GUIDE • the Apache Junction Development Guide. Councilman Taylor seconded the Mr.Broman outlined the revision to Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CERTAIN DOCUMENT,FILED WITH THE CITY CLERK AND. ENTITLED APACHE JUNCTION DEVELOPMENT GUIDE,PROCEDURES FOR DEVELOPERS AND ENGINEERS IN PREPARING PLANS FOR REVIEW AND APPROVAL,WHICH MAY BE REFERRED TO AS THE "CITY OF APACHE JUNCTION,AR/ZONA DEVELOPMENT GUIDE",ADOPTED AS A PUBLIC DOCUMENT BY ACTION OF RESOLUTION NO.82-35,BE AND HEREBY IS APPROVED AND ADOPTED AS AMENDED. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 17,1984 PAGE 7 Councilman Hill seconded the motion. REQUESTS FOR EXTENSION OF TIME ON LITTER VIOLATIONS )City Clerk Kathleen Connelly stated that three different property owners who have been informed of litter violations,are requesting an extension of time to clean up their property for various reasons. Vice Mayor Eidson expressed his feeling that extensions should not be given beyond one or two times,and that after these,some action should be taken against the property owners. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT EXTENSIONS OF TIME FOR COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE BE GRANTED TO THE FOLLOWING PROPERTY OWNERS: ROY AND MARGARET -EXTENSION TO AUGUST 23,1984. MARILYN SHINE -EXTENSION TO AUGUST 30,1984. VIRGINIA ASAN -EXTENSION TO JULY 30,1984. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,AUGUST 6,1984 EXECUTIVE SESSION,WORK SESSION, AUGUST 7,1984 )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A WORK SESSION BE HELD ON AUGUST 6,1984,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON AUGUST 7,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC Mr.Jerry Nickels,602 E.Navajo,Apache Junction,asked about the proposal of bonding sanitation companies. Mr.McNulty explained that proposal of bonding and that this would protect the citizens of the city from a repeat of past problems with sanitation. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL None. REGULAR MEETING OF THE CITY COUNCIL JULY 17,1984 PAGE 8 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 8:22 P.M. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 7TH DAY OF AUGUST_.,BY.-THE MAYOR - AND CITY COUNCIL UF.THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Cla Mayor ATTEST: Kathleen Connelly City. Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 174 1984 PAGE 9 CITY COUNCIL SPECIAL MEETING JULY 31,1984 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on JuTy:31 .;1984,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke declared a "no quorum",as there were three couhcilmembers- present;Vice Mayor Eidson,Councilman Damiano,Mayor Clarke Mayor Clarke adjourned the meeting at 7:08 p.m. ACCEPTED THIS 4TH DAY OF SEPTEMII_ER ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Clark Mayor ATTEST: Kathleen Connelly City Clerk SPECIAL MEETING OF THE CITY COUNCIL JULY 31,1984 PAGE ONE