HomeMy WebLinkAbout1984-12-18 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
DECEMBER 18,1984
The regular meeting of the City Council of the City of Apache
Junction,Arizona,was held on December 18,1984,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
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
Mr.Paul Connolly
1935 S.Cactus
Apache Junction,Arizona 85220
Ms Mavis Nelson
2531 W.Tepee
Apache Junction,Arizona 85220
Mr.Robert King
1456 E.Garner
Mesa,Arizona
ACCEPTANCE OF CONSENT AGENDA
)Councilman Baljo MOVED THAT
CONSENT AGENDA ITEMS 1 THROUGH 4 BE ACCEPTED AS PRESENTED.
motion.
Councilman Taylor seconded the
VOTE:Unanimous
The motion carried.
Introduction of Distinguished Guests and Visitors
None.
AWARDS,PRESENTATIONS AND COMMUNICATIONS
None.
CITY MANAGER'S REPORT
City Manager Michael J.McNulty informed the Council that the
Department of Water Resources has made the decision to grant the 100
year assured water supply certificate to Arizona Water Company.
PUBLIC HEARINGS
PROPOSED ORDINANCE NO.312,PZ-48-84,
REVISION Of SWIMMING POOL REQUIREMENTS)
)Mayor Clarke opened the hearing
to the public.
Director of Planning Chuck
Newcomer explained that this is a proposed revision to the swimming
pool fencing and latching requirements,in response to a request by the
Department of Public Safety.
Mayor Clarke asked i f there was
anyone who wished to speak in favor of or in opposition to the issue.
There being no one wishing to address the Council,Mayor Clarke closed
the hearing to the public.
Director of Public Safety -Bill:
McDaniel :recommended that any in ground pool should have a minimum 6'
fence.
Councilman Shanks MOVED THAT
ORDINANCE NO.312,BE READ BY TITLE ONLY AND THAT THE READING OF THE
ENTIRE ORDINANCE BE WAIVED.
Councilman Damian()seconded the
motion.
VOTE:Unanimous
The motion carried.
Mayor Clarke called upon the
City Clerk to read Ordinance No.312,by title only with the emergency
clause.
read as follows:
City Clerk Kathleen Connelly
REGULAR MEETING OF THE_CITY COUNCIL
DECEMBER 18,1984
PAGE 2
ORDINANCE NO.312,AN ORDINANCE
OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,
AMENDING THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME II,
LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,"BY AMENDING
ARTICLE XXIII,SECTION 2329,SWIMMING POOLS";REPEALING ANY CONFLICTING
PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY.
Councilman Shanks MOVED THAT
ORDINANCE NO.312,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AMENDING "THE CODE OF THE CITY OF
APACHE JUNCTION,ARIZONA,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,
ZONING ORDINANCE,"BY AMENDING ARTICLE XXIII,SECTION 2329,SWIMMING
POOLS";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND
ADOPTED.
Councilman Damiano seconded
the motion.
Vice Mayor Eidson asked i f a
pool in existence would be grandfathered.
Mr.McDaniel stated that the
way the amendment is written they would be grandfathered.
City Attorney David Alexander
stated that a procedure would have to be established.
City Manager McNulty added that
a definite time period would need to be specified.
Councilman Shanks stated that
action should be taken at this time and possible amendments made in the
future.
VOTE:Unanimous
The motion carried.
PROPOSED ORDINANCE NO.324,PZ-57-84,
WEITKAMP,INC.
)Mayor Clarke opened the hearing
to the public.
Mr.Newcomer briefed the
Council on the request for rezoning from GR General Rural to CB -2
General Business Zone of a 5 acre parcel,located on north side of
Superstition Boulevard between San Marcos and Monterey Drives in
Section 17.
Mr.Paul Connolly,1935 S.
Cactus,Apache Junction,representing the property owner requested
approval expressing his feeling that this would be the highest and best
use of the property.
Councilman Damiano asked i f
there were any plans for the property.
Mr.Connolly replied that until
the rezoning is designated,definite plans cannot be made.
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.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 3
Mr.Newcomer stated that the
Planning staff and the Planning and Zoning Commission recommend
approval with the stipulation of dedication of right-of-way.
Mayor Clarke closed the hearing
to the public.
Vice Mayor Eidson MOVED THAT
ORDINANCE NO.324,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.324 by title only.
City Clerk Kathleen Connelly
read as follows:
ORDINANCE NO.324,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-57-84 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
Councilman Damiano MOVED THAT
ORDINANCE NO.324,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-57-84 FROM GR GENERAL RURAL
TO CB -2 GENERAL 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.326,PZ-58-84,
NELSON
to the public.
Councilman Shanks seconded the
Mayor Clarke opened the hearing
Mr.Newcomer briefed the
Council on the application for rezoning from GR General Rural to TH
Trailer Homesite Zone of a 1 1/4 acre parcel,located on the south side
of Tepee Street,330 feet west of Delaware Drive and developed with a
mobile home in Section 18.
Ms Mavis Nelson,2531 W.Tepee,
Apache Junction,requested approval of the rezoning application.
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.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 4
Mr.Newcomer stated that the
Planning staff and the Planning and Zoning Commission both recommend
approval with the stipulation of dedication of public right-of-way,and
that the parcel not be development into a mobile home or RV park,
without approval of the City Council.
to the public.
ORDINANCE NO.326 BE READ BY TITLE ONLY.
motion.
VOTE:Unanimous
The motion carried.
Mayor Clarke closed the hearing
Councilman Baljo MOVED THAT
Councilman Damiano seconded the
Mayor Clarke called upon the
City Clerk to read Ordinance No.326 by title only.
City Clerk Kathleen Connelly,
read as follows:
ORDINANCE NO.326,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-58-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDING SEVERABILITY.
Councilman Damiano MOVED THAT
ORDINANCE NO.326,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-58-84 FROM GR GENERAL RURAL
TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED.
motion.
VOTE:Unanimous
The motion carried.
PROPOSED ORDINANCE NO.327,PZ-59-84,
KING
to the public.
Vice Mayor Eidson seconded the
Mayor Clarke opened the hearing
Mr.Newcomer addressed the
rezoning request from GR General Rural to CB -2 General Business Zone of
a 4 acre parcel,located on the southwest side of Highway 60/89 at the
northwest corner of Winchester Road and Sixth Avenue in Section 21.
Mr.Newcomer added that later
on the agenda is an abandonment request by the same applicant.
Mr.Robert King,1456 E.
Garner,Mesa,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
petition.There being no one wishing to address the Council,Mayor
Clarke called upon the Director of Planning for recommendations.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 5
to the public.
ORDINANCE NO.327 BE READ BY TITLE ONLY.
motion.
VOTE:Unanimous
The motion carried.
Mr.Newcomer stated that staff
has no objections to the rezoning and that the Planning and Zoning
Commission recommends approval with dedication of roadways.
Mayor Clarke closed the hearing
Councilman Baljo MOVED THAT
Councilman Damiano seconded the
Mayor Clarke called upon the
City Clerk to read Ordinance No.327 by title only.
read as follows:
City Clerk Kathleen Connelly,
ORDINANCE NO.327,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-59-84 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
Councilman Damiano MOVED THAT
ORDINANCE NO.327,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-59-84 FROM GR GENERAL RURAL
TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED.
motion.
VOTE:Unanimous
The motion carried.
REQUIRED PUBLIC HEARING ON LOCAL
ALTERNATIVE SPENDING LIMITATION
(BUDGETARY HOME RULE)
to the public.
Vice Mayor Eidson seconded the
Mayor Clarke opened the hearing
Mr.McNulty informed the
Council and public that this is the first of two public hearings
placing the question of home rule -spending limitation before the
citizens,without which the City has to follow spending limits decided
by the State estimated by several factors.
Mayor Clarke asked i f there was
anyone who wished to speak in favor of or in opposition to the issue.
There being no one wishing to address the Council,Mayor Clarke closed
the hearing to the public.
APPLICATION FOR SMALL GAME BINGO
LICENSE,WICKIUP TRAILER PARK
to the public.
)Mayor Clarke opened the hearing
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 6
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 Taylor MOVED THAT
THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY
MR.JOHN P.DERIAN,AGENT FOR WICKIUP TRAILER PARK,BE RECOMMENDED FOR
APPROVAL TO THE STATE DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY.
Councilman Damiano seconded the
motion.
VOTE:Unanimous
The motion carried.
OLD BUSINESS
None.
NEW BUSINESS
PROPOSED RESOLUTION NO.84-64,
APPLICATION TO STATE LAND DEPARTMENT
TO RECLASSIFY STATE TRUST LANDS IN THE
APACHE JUNCTION AREA AS URBAN LANDS
SUITABLE FOR URBAN PLANNING
)Mr.Newcomer explained that
in 1981 State Urban Lands legislation established a process for the
planning and development of State Trust Lands in and adjacent to cities
and rapidly urbanizing areas,and requested that Council direct the
City Manager to send this application to the State Land Department to
start the 12 month process.
Councilman Baljo MOVED THAT
RESOLUTION NO.84-64,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY
MANAGER TO SUBMIT TO THE ARIZONA STATE LAND DEPARTMENT AN "APPLICATION
FOR DESIGNATION AND RECLASSIFICATION OF STATE LANDS AS SUITABLE FOR
URBAN PLANNING"FOR STATE TRUST LANDS IN THE APACHE JUNCTION AREA,BE
AND HEREBY IS APPROVED AND ADOPTED.
Councilman Damiano seconded the
motion.
VOTE:Unanimous
The motion carried.
REQUEST FOR TIME EXTENSION FOR
PZ-46-81,SCHNEIDER
)Mr.Newcomer stated that
Mr.Philip Schneider,Jr.wished to request a time extension for the
planned development which was approved by the Council in 1982,located
at intersection of Superstition Boulevard and North Apache Trail,which
was to have a combination of uses;mini -storage,. RV storage and retail
store complex.
Councilman Damiano asked why i t
has taken since 1982 to complete the development of the property.
Mr.Newcomer replied that there
has recently been a change in ownership.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 7
Vice Mayor Eidson MOVED THAT A
ONE-YEAR TIME EXTENSION FOR PZ-46-81 IS HEREBY APPROVED TO ALLOW THE
APPLICANT TIME TO SUBMIT THE FINAL PLAN,UPDATED TO CURRENT CITY
STANDARDS,TO THE BUILDING DEPARTMENT FOR CITY COUNCIL APPROVAL,WHICH
WILL EXPIRE ON DECEMBER 18,1985.
Councilman Damiano seconded the
motion.
VOTE:Unanimous
The motion carried.
PROPOSED RESOLUTION NOS.83-50 AND
84-65,AB -83-14
)Mr.McNulty explained that
procedures for AB -83-14 had been completed as Resolution No.83-50 and
recently i t has been discovered that an individual is using Chaparral
Road and Resolution No.84-65 has been submitted as the abandonment
application excepting Chaparral Road.
Councilman. Shanks MOVED THAT
RESOLUTION NO.84-65 -,A RESOLUTION OF THE MAYORAND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,DECLARING THAT CERTAIN FEDERALLY
PATENTED EASEMENTS FOR PUBLIC RIGHTS -OF -WAY PURPOSES ON CONESTOGA ROAD
AND BOWMAN ROAD,BETWEEN=CODY STREET AND SCENIC STREET;AND VIRGINIA
STREET;BETWEEN WICKIUP ROAD AND CORTEZ ROAD,AS =DESCRIBED IN:STREET
ABANDONMENT CASE AB -83-14,ARE NO LONGER NECESSARY FOR PUBLIC USE AS
ROADWAYS AND ARE .HREREBY.EXTINGUISHED AS PRESENT tIR!FUTURE PUBLIC
RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED.
Councilman Damiano seconded the
motion.
VOTE:Unanimous
The motion carried.
PROPOSED RESOLUTION NO.84-62,
AB -84 18,KING, RAFFERTY-,SHIELL )
)Mr.McNulty explained that this
is an .application for Sombrero Road,North of SixthAvenue to.M...60;
Fifth Avenue,East of Sombrero Road to U.S.60;Sixth Avenue,:East of
Sombrero Road to U.S.60..
Councilman Damiano MOVED THAT
RESOLUTION NO.84-62,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 PURPOSES ON SOMBRERO ROAD,
NORTH OF SIXTH AVENUE TO U.S 60;FIFTH AVENUE,EAST OF SOMBRERO ROAD TO
U.S.60;AND SIXTH AVENUE,EAST OF SOMBRERO ROAD TO U.S.60,AS
DESCRIBED IN STREET ABANDONMENT CASE AB -84-18,ARE NO LONGER NECESSARY
FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY EXTINGUISHED AS PRESENT OR
FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED.
Councilman Baljo seconded the
motion.
VOTE:Unanimous
The motion carried.
PROPOSED RESOLUTION NO.84-11,
AB -84-8
)Mr.McNulty briefed the Council
on the request for abandonment of North Vaquero Road.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 8
Councilman Damiano expressed
concern that too many roads are being abandoned that may be necessary.
Mr.McNulty stated that if,in
the future,due to property development the roads are necessary,they
may be reopened.
Councilman Baljo MOVED THAT
RESOLUTION NO.84-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT CERTAIN FEDERALLY
PATENTED EASEMENT FOR PUBLIC RIGHTS -OF -WAY PURPOSES ON NORTH VAQUERO
ROAD FROM EAST SCENIC STREET TO EAST JUNCTION STREET (EXCEPT CACTUS
WREN);AND EAST ROOSEVELT STREET FROM NORTH STARR ROAD TO NORTH HILTON
ROAD;AND EAST TAMARISK STREET FROM NORTH STARR ROAD TO NORTH HILTON
ROAD,AS DESCRIBED IN STREET ABANDONMENT CASE AB -84-8,ARE NO LONGER
NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY EXTINGUISHED AS
PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAYS,BE AND HEREBY IS APPROVED AND
ADOPTED.
Councilman Damiano seconded the
motion.
VOTE:Unanimous
The motion carried.
WORK SESSION,JANUARY 14,1985
REGULAR AND SPECIAL MEETING,
JANUARY 15,1984,EXECUTIVE SESSION
AND WORK SESSION,JANUARY 15,1985 )
)Vice Mayor Eidson MOVED THAT A
WORK SESSION BE HELD ON JANUARY 14,1985,AT 7:00 P.M.,IN THE CITY
COUNCIL CHAMBERS.
AND THAT A REGULAR MEETING AND A SPECIAL MEETING BE HELD ON JANUARY 15,
1985,AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS.
AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JANUARY 15,
1985,AT 6:00 P.M.IN THE CITY COUNCIL CHAMBERS.
Councilman Baljo seconded the
motion.
VOTE:Unanimous
The motion carried.
CALL TO THE PUBLIC
None.
INFORMATION AND REPORTS
(COUNCIL LIAISON REPORTS)
None.
REQUESTS OF COUNCIL
None.
ADJOURNMENT
)Councilman Taylor MOVED THAT
THE MEETING BE ADJOURNED AT 8:05 P.M.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 9
Councilman Baljo seconded the
motion.
VOTE:Unanimous
The motion carried.
ACCEPTED THIS i5TH DAY OFCr '11.°V Y ,1985,BY
THE MAYOR AND r COUNCIL OF THE t I F APACHE JUNCTION,ARIZONA.
ATTEST:
Wendell J.C1ark4/
Mayor
Vft+61netriMUL.H IGGH
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 18,1984
PAGE 10