Loading...
HomeMy WebLinkAbout1984-12-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 4,1984 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on December 4,1984,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 Damiano,Councilman Shanks,Councilman Taylor, Councilman Baljo,Vice Mayor Eidson,Mayor Clarke Councilman Absent:Councilman Hill (ill) Staff Present: Others 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 David Alexander Deputy City Clerk Lori Clark State Representative Roy Hudson 2084 W.9th Avenue Apache Junction,Arizona 85220 Mr.John Granillo,Jr. 1002 E.Hondo Apache Junction,Arizona 85220 Ms Mikki Frazier Rt.1 Box 1223 Queen Creek,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilman Shanks MOVED THAT CONSENT AGENDA ITEMS 1 AND 2 BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Baljo seconded the motion. VOTE:In Favor:Councilman Baljo,Councilman Shanks, Councilman Taylor,Councilman Damiano, Vice Mayor Eidson Abstained:Mayor Clarke (from Item 2,as was not present) The motion carried. Introduction of Distinguished Visitors and Guests State Representative Roy Hudson,addressed the Council and public with a request that assistance be donated to Velma Furness for medical bills due to her health. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CITY MANAGER'S REPORT Mr.Scott Ellsworth,of Henry and Horne,presented the Financial Statements for the year and reported on the annual audit conducted. Mr.Ellsworth commented on the improvements in the accounting system. PUBLIC HEARINGS PROPOSED ORDINANCE NO.338,AMENDMENT TO CITY CODE,CHAPTER 10,OFFENSES, (With the Emergency Clause) to the public. Mayor Clarke opened the hearing Director of Public Safety Bill McDaniel explained that this ordinance is to prevent the abuse of the emergency telephone number,911,which possibly will be in use by July 1,1985. Mayor Clarke asked i f there was anyone who wished to speak on this issue.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO.338,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.338,by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 2 ORDINANCE NO.338,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10 OFFENSES,BY ADDING SECTION 10-1-23 MISUSE OF 911 EMERGENCY TELEPHONE NUMBER SYSTEM;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT ORDINANCE NO.338,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10 OFFENSES,BY ADDING SECTION 10-1-23 MISUSE OF 911 EMERGENCY TELEPHONE NUMBER SYSTEM;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.322, PZ-55-84,LIMESTALL )Mayor Clarke opened the hearing to the public. Mr.Newcomer briefed the Council on the application for rezoning from GR General Rural to CB -1 Local Business of a 11,560 square foot parcel,located on the east side of Delaware Drive,85 feet south of Superstition Boulevard in Section 19. Mr.John Granillo,Jr.,1002 E. Hondo,Apache Junction,explained that the Limestall's wish to expand their business and requested approval of the rezoning. 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 Planning staff has no objections to the rezoning and the Planning and Zoning Commission recommends approval of the application. Vice Mayor Eidson MOVED THAT ORDINANCE NO.322,BE READ BY TITLE ONLY 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.322,by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.322,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-55-84 FROM GR GENERAL RURAL TO CB -1 LOCAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 3 Councilman Baljo MOVED THAT ORDINANCE NO.322,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-55-84 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. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.323, PZ-56-84,KILBURN to the public. Councilman Damiano seconded the Mayor Clarke opened the hearing Mr.Newcomer briefed the Council on the application for rezoning from CR-1 Single Residence to CB -2 General Business of a 3.1 acre parcel,located on the southeast side of Highway 88,about 300 feet northeast of Tomahawk Road in Section 15. Ms Mikki Frazier,Rt.1 Box 1223,Queen Creek,Arizona,representing the applicant,addressed the item and requested approval of the rezoning. 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 Planning and Zoning Commission recommends approval of the rezoning and the Planning staff has no objections with the stipulation of dedication of the east 33 feet on the subject property. Mayor Clarke closed the hearing to the public. Councilman Damiano MOVED THAT ORDINANCE NO.323 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.323 by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.323,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-56-84 FROM CR4 SINGLE RESIDENCE TO CB -2 -GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY; REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 4 Councilman Baljo MOVED THAT ORDINANCE NO.323,AN ORDINANCE OF THE MAYOR'AND CITY COUNCIL OF THE' CITY OF APACHE- JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCEBY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-56-84 FROM CR-1 SINGLE RESIDENCE TO CB -2 .GENERAL BUSINESS ZONE; .REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.341,REVISING BUILDING CODE,UNBURNED CLAY MASONRY) )Mayor Clarke opened the hearing to the public. Building Official/Zoning Administrator,Leo Frazier,Jr.,briefed the Council on the revision of Section 2405 of the Uniform Building Code,1982 Edition,pertaining to adobe buildings. City Manager Michael J.McNulty added that this is to demonstrate to the State Legislature that cities can act responsibly to a problem without the State mandating a solution. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the amendment.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Taylor MOVED THAT ORDINANCE NO.341,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.341 by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.341,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, REVISING SECTION 2405 OF THE UNIFORM BUILDING CODE,1982 EDITION; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Taylor MOVED THAT ORDINANCE NO.341,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REVISING SECTION 2405 OF THE UNIFORM BUILDING CODE,1982 EDITION;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 5 The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.287,PZ-28-84 CUNNING (Second Reading) )Councilman Baljo MOVED THAT ORDINANCE NO.287,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.287,by title only for the second reading. City Clerk Kathleen Connelly, read as follows: 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. Councilman Damiano MOVED THAT 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,BE AND HEREBY IS DENIED. Councilman Shanks seconded the motion. Councilman Damiano stated that he has never seen so many protests with reasons submitted for a rezoning. VOTE:Unanimous The motion carried. NEW BUSINESS AWARD OF BID FOR STREET IMPROVEMENT BONDING PROGRAM -PHASE I I )Director of Public Works Rich Broman stated that the bid opening for Phase I I was held on November 29,1984,and the low bidder was approximately 21%lower than the engineer estimates. Councilman Damiano read the locations of the 7.375 miles included in Phase II. Councilman Baljo MOVED THAT THE PROPOSAL SUBMITTED BY REIN,SCHULTZ &DAHL/ABCO,FOR THE CITY OF APACHE JUNCTION PUBLIC WORKS PROJECT NUMBERS PW-84-13 THROUGH PW-84-22 IN THE AMOUNT OF $474,490.05,BE AND HEREBY IS ACCEPTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 6 AND THAT AUTHORIZATION BE GIVEN TO THE DIRECTOR OF PUBLIC WORKS, THROUGH THE CITY MANAGER,TO FINALIZE ARRANGEMENTS IN ACCORDANCE WITH THE BID DOCUMENTS. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. AWARD OF CONTRACT FOR STREET IMPROVEMENT PROGRAM - PHASE III,ENGINEERING DESIGN )Mr.Broman explained that this is Phase III,which includes the design of approximately 5.3 miles,and in order to expedite the project recommended that the contract be awarded to Wilson &Company and Parker &Associates. Vice Mayor Eidson MOVED THAT IN CONJUNCTION WITH THE STREET IMPROVEMENT PROGRAM,AUTHORIZATION IS GIVEN TO THE CITY MANAGER TO EXPEND $45,789 FOR CONSULTING SERVICES AND ENGINEERING WORK TO THE FIRMS OF WILSON &COMPANY FOR PW-84-26, PW-84-27,PW-84-28 AND PARKER & ASSOCIATES FOR PW-84-23,PW-84-24, PW-84-25,PW-84-29,AND PW-84-30. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. AWARD OF CONTRACT FOR PLANNING DEPARTMENT BUILDING,CM -84-6 )Vice Mayor Eidson MOVED THAT THE CONTRACT BE AWARDED TO JMC HOMES IN THE AMOUNT OF $39,750.00 FOR CM -84-6,PLANNING DEPARTMENT BUILDING. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.84-60,AB -81-9) )Mr.Broman briefed the Council on the request for abandonment of San Marcos Drive from Virginia Street,south 750.79 feet,and also explained that this resolution also includes a reclassification of San Marcos Drive. Vice Mayor Eidson agreed that this is a legitimate abandonment request. Councilman Taylor MOVED THAT RESOLUTION NO.84-60,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT CERTAIN PUBLIC RIGHTS -OF -WAY ON SAN MARCOS DRIVE FROM VIRGINIA STREET,SOUTH 750.79 FEET AS DESCRIBEDIN STREET ABANDONMENT CASE AB -81-9,ARE NO LONGER NECESSARY FOR PUBLIC USE AND ARE HEREBY VACATED;AND BY AMENDING THE STREET CLASSIFICATION PLAN,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Baljo seconded the motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 7 VOTE:Unanimous The motion carried. WORK SESSION,DECEMBER 17,1984 EXECUTIVE SESSION,WORK SESSION, DECEMBER 18,1984 )Councilman Damiano MOVED THAT A WORK SESSION BE HELD ON DECEMBER 17,1984,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON DECEMBER 18,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Shanks reported that she met with Mary Jane Perry, Assistant to Senator DeConcini,and gave a welcome speech to the Department of Economic Security at the Grand Center. Councilman Baljo reported on housing concepts in Apache Junction. Mayor Clarke reminded the Council and public that December 7, 1984,is the Christmas Tree Lighting Ceremony,and that Santa Claus will be attending. REQUESTS OF COUNCIL None. City Manager McNulty informed the Council that cable television construction is well underway. Councilman Baljo stated that having observed the cable TV company at work,they are doing an excellent job. ADJOURNMENT THE MEETING BE ADJOURNED AT 8:00 P.M. motion. VOTE:Unanimous The motion carried. Councilman Damiano MOVED THAT Councilman Baljo seconded the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 8 ACCEPTED. THIS 18TH DAY. OF :DECEMBER ,1984,BY THE MAYOR AND rITT COUNCIL UF ih UltY UF APAUFIE JUNUIION.,ARIZONA. - Wendell J.Claile Mayor ATTEST: Kathleen ConnellyConnelly City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1984 PAGE 9