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HomeMy WebLinkAbout1984-11-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 20,1984 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on November 20,1984,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Eidson called the meeting to order at 7:00 p.m. INVOCATION Councilman Taylor led the Invocation. PLEDGE OF ALLEGIANCE David Carter of the Apache Junction Explorers led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Damiano,Councilman Taylor,Councilman Shanks, Councilman Baljo,Councilman Hill,Vice Mayor Eidson Councilman Absent:Mayor Clarke Staff Present:City Manager Michael J.McNulty City Clerk Kathleen Connelly Director of Public Safety Bill McDaniel Controller Keith Lewis Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph City Attorney Arnold Hirsch Deputy City Clerk Lori Clark Others Present:Apache Junction Explorer Scouts Mr.George Petticrew 247 E.Junction Apache Junction,Arizona 85220 Mr.Keith Stachar 6301 E.Roundup Apache Junction,Arizona 85220 Mr.Charles Adams 201 W.20th Apache Junction,Arizona 85220 ACCEPTANCE OF CONSENT AGENDA )Councilman Taylor MOVED THAT THE CONSENT AGENDA ITEMS 1 THROUGH 6 BE ACCEPTED AS PRESENTED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Vice Mayor Eidson recognized the Apache Junction Explorer Scouts. AWARDS,PRESENTATIONS AND COMMUNICATIONS Director of Public Safety Bill McDaniel introduced the Explorer Scouts,a new organization through the Police Department,and outlined the training and duties of the Scouts. Vice Mayor Eidson presented a Proclamation declaring March 26, 1984,as the date for the Primary Election. CITY MANAGER'S REPORT City Manager Michael J.McNulty reported on the progress on street improvements,and stated that Central Arizona Water Project was granted an extension on signing a contract.Mr.McNulty also stated that the signal light at Idaho and Highway 60 will be turned on in the near future. PUBLIC HEARINGS PROPOSED ORDINANCE NO.333,AMENDING CITY CODE (With Emergency Clause)) hearing to the public. Vice Mayor Eidson opened the 0 City Clerk Kathleen Connelly explained that the purpose of this amendment is to streamline council meeting procedures,and would enable the Council to have a first reading of an ordinance by title only,conduct a public hearing and actually vote on an ordinance all at the same meeting. Vice Mayor Eidson 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,Vice Mayor Eidson closed the hearing to the public. Councilman Damiano MOVED THAT ORDINANCE NO.333,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Eidson called upon the City Clerk to read Ordinance No.333,by title only with the Emergency Clause. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 2 City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.333,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 2-5 ORDINANCES,RESOLUTIONS AND CONTRACTS,BY AMENDING THE TITLE OF ARTICLE 2-5 AND BY AMENDING SECTION 2-5-4 TWO SEPARATE READINGS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT ORDINANCE NO.333,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 2-5 ORDINANCES,RESOLUTIONS AND CONTRACTS,BY AMENDING THE TITLE OF ARTICLE 2=5 AND BY AMENDING SECTION 2-5-4 TWO SEPARATE READINGS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.287,PZ-28-84, CUNNING (First Reading) hearing to the public. Councilman Hill seconded the Vice Mayor Eidson opened the Director of Planning Chuck Newcomer briefed the Council on the application for rezoning from GR General Rural to Trailer Homesite TH of a 9 acre parcel,located at the northwest corner of Junction Street in Section 21. Mr.Keith Stachar,6301 E. Roundup,Apache Junction,explained that plans are to develop a mobile home park on this parcel. Vice Mayor Eidson asked i f there was anyone who wished to speak in favor of or in opposition to the application. Mr.George Petticrew,247 E. Junction,Apache Junction,a property owner directly across from the parcel in question,addressed the Council in opposition to the rezoning. Mr.Stachar rebutted the statements made by Mr.Petticrew. Mr.Petticrew returned the rebuttal. Vice Mayor Eidson closed the hearing to the public and called upon the City Clerk to read Ordinance No.287,by title only for the first reading. City Clerk Kathleen Connelly, read as follows: REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 3 ORDINANCE NO.287,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-28-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. APPLICATION FOR SERIES 7 AND SERIES 10 LIQUOR LICENSE,ADAM'S CHEVRON )Vice Mayor Eidson opened the hearing to the public. Mr.Charles Adams,201 W.20th Avenue,Apache Junction,owner and operator of Adam's Chevron, requested approval of the applications. Vice Mayor Eidson asked i f Mr.Evans owns the property. Mr.Adams repliedAhat Evans Management Corp.owns the property and is aware of the applications submitted. Vice Mayor Eidson asked i f there had been any complaints from the public. Mr.Adams replied that no complaints have ,been expressed. Vice Mayor Eidson wished to know i f the City would be liable for injuries or property damage due to someone leaving the premises drinking,with these ideal circumstances to drink and drive. City Manager McNulty explained that the State of Arizona grants the license,not the City,so the City would not be liable. City Attorney Arnold Hirsch gave the opinion that the liability would lie with the server of the alcohol,as the City has no control over the licensee. Councilman Taylor MOVED THAT , THE APPLICATIOWFOR A SERIES 7 'LIQUOR LICENSE,SUBMITTED BY ADAM'S CHEVRON BE RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL BECAUSE: 1.IT ISI4OT IN THE BEST INTEREST OF THE PUBLIC NOR FOR THE PERSON DRINKING. 2.IT COULD POSSIBLY CONTRIBUTE TO ACCIDENTS AND CREATE :A NUISANCE. Councilman Shanks seconded the motion. VOTE:In Favor:Councilman Shanks,Councilman Hill, Councilman Taylor,Councilman Damiano Vice Mayor Eidson Opposed:Councilman Baljo The motion carried. Councilman Damiano MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY ADAM'S CHEVRON,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 4 Councilman Hill seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Hill, Councilman Shanks,Councilman Damiano Councilman Baljo Opposed:Vice Mayor Eidson The motion carried. APPLICATION FOR PERSON TRANSFER OF SERIES 9 LIQUOR LICENSE, ABCO MARKETS,INC. )Vice Mayor Eidson opened the hearing to the public. Vice Mayor. Eidson 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, Vice Mayor Eidson closed the hearing to the public. Councilman Shanks MOVED THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 9 LIQUOR LICENSE, SUBMITTED BY ABCO MARKETS,INC.,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.314,PZ-49-84 W.A.YOUNG (Second Reading) )Director of Planning Chuck Newcomer briefed the Council on the application for rezoning from GR General Rural to Trailer Homesite Zone (TH),of a 1 1/4 acre parcel located on the east side of North Valley Drive and 165 feet south of Shiprock Street in Section 17,and stated that there have been valid protests received. Councilman Shanks MOVED THAT ORDINANCE NO.314,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Eidson called upon the City Clerk to read Ordinance No.314,by title only for the second reading. City Clerk Kathleen Connelly, read as follows: REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 5- ORDINANCE NO.314,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-49-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED THAT ORDINANCE NO.314,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-49-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. Councilman Shanks commented that she felt that protests are not valid as this area is predominantly trailers already,and the protesters have trailers. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.321,PZ-54-84 JONES AND BURGESS (Second Reading)) )Vice Mayor Eidson informed the Council that the staff has recommended returning this application to the Planning and Zoning Commission. Councilman Damiano MOVED THAT ORDINANCE NO.321,REZONING CASE PZ-54-84 BE RETURNED TO THE PLANNING AND ZONING COMMISSION FOR A NEW PUBLIC HEARING. Councilman Shanks seconded the motion. Councilman Shanks stated that as there were substantial changes in the original application,this is being returned for further review by the Planning and Zoning Commission. VOTE:Unanimous The motion carried. ECONOMIC OPPORTUNITIES ACTION TEAM VACANCIES AND NOMINATIONS )Economic Development Specialist John Schoeph addressed the item stating that a number of vacancies have occurred in the various categories and requested appointment of the indicated nominees. Councilman Shanks MOVED THAT RICHARD BURKLAND,BOB BURD,TOM HARPIN,TERRY SECOR,HENRY STEELSMITH, AND RONALD WARD BE REMOVED FROM THE ECONOMIC OPPORTUNITIES ACTION TEAM WITH APPRECIATION FOR SERVICES RENDERED. AND THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED TO THE ECONOMIC OPPORTUNITIES ACTION TEAM: REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 6 FINANCIAL INSTITUTIONS CATEGORY VALLEY NATIONAL BANK FIRST INTERSTATE BANK AL VILLEGAS ALMA GOSS UTILITY SERVICES CATEGORY GAS BERNARD GALLENBECK (SOUTHWEST GAS CORP.) Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSAL FOR TOWN HALL PUBLIC FORUM ) )Councilman Shanks requested that the Council consider the program of Town Hall Public Forums to be held four times throughout the year,with the first to be held on January 24,1985,at 7:00 p.m. Councilman Shanks MOVED THAT A TOWN HALL PUBLIC FORUM BE HELD ON JANUARY 24,1985,AT 7:00 P.M.,IN A PLACE TO BE DESIGNATED. VOTE:Unanimous The motion carried. APPLICATION FOR LARGE GAME BINGO LICENSE,ROADHAVEN RESORTS,INC.) )Ms Connelly explained that this item is continued from the public hearing held at the previous meeting. Councilman Damiano MOVED THAT THE APPLICATION SUBMITTED BY ROADHAVEN RESORTS,INC.,FOR A LARGE GAME BINGO LICENSE,BE RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY/APACHE JUNCTION )Mr.Broman briefed the Council, stating that Maricopa County is engineering Broadway Road for construction of a 4 -lane roadway from Ellsworth to Meridian Drive, which will improve the traffic and drainage problems in this area,and that the City's share for the improvements to the intersection would be approximately $101,516.00. Councilman Baljo MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION,ARIZONA,FOR IMPROVEMENTS TO BROADWAY ROAD AND MERIDIAN DRIVE,AS PREPARED BY MARICOPA COUNTY,AND IN ADDITION THAT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 7 THE TOTAL BE $101,516.00,BUT CANNOT BE EXCEEDED WITHOUT FURTHER AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MARICOPA COUNTY,BE AND HEREBY IS ACCEPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,DECEMBER 3,1984 EXECUTIVE SESSION,WORK SESSION, DECEMBER 4,1984 )Councilman Baljo MOVED THAT A WORK SESSION BE HELD ON DECEMBER 3,1984,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON DECEMBER 4, 1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Taylor reported that the Economic Development Action Team will meet on Wednesday,November 21,1984. Councilman Baljo reported on the lottery funds granted to the City,at a total of $285,184.00,and i f the City were not incorporated, these funds would not be available. REQUESTS OF COUNCIL None. ADJOURNMENT )Councilman Hill MOVED THAT THE MEETING BE ADJOURNED AT 8:13 P.M. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 8 ACCEPTED THIS 4TH DAY OF DECEM8ER 1984 ,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Clar Mayor Kathleen Connelly City Clerk ' REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1984 PAGE 9