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HomeMy WebLinkAbout1984-02-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 7,1984 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 7,1984,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 Shanks led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Shanks,Councilman Hill,Councilman Damiano, Vice Mayor Eidson Councilmen Absent:Mayor Clarke,Councilman Taylor, Councilman Steelsmith Staff Present: Others Present: City Manager Michael J.McNulty City Clerk Kathleen, Connelly Controller Keith Lewis Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Associate Planner Jim Nakagawa Planning/Drafting Technician Julie Reid Economic Development Specialist John Schoeph Operations Supervisor Doug Dobson City Attorney David Alexander Deputy City Clerk Lori Clark Mr.Steve Adams 3046 W.Greasewood Apache Junction,Arizona 85220 Ms Violet Sexton 1027 N.Meridian Apache Junction,Arizona 85220 Mr.A.E.Sullivan 438 S.Saguaro Apache Junction,Arizona 85220 Mr.Milos Lipovic 2125 E.Apache Bid. Tempe,Arizona Mr.Gary Nine 925 N.Plaza Drive Apache Junction,Arizona 85220 Mr.Jack Barrett 6160 E.Greasewood Apache Junction,Arizona 85220 Mr.Stanley Peterson 1712 E.Broadway Apache Junction,Arizona 85220 ACCEPTANCE OF 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 Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,TO REMOVE ITEMS B,D,AND E,AND PLACE UNDER "NEW BUSINESS",AND TO ACCEPT THE REMAINING ITEMS AS PRESENTED.(These include:A:Proposed Resolution No.82-67,AB -82-13,C:Proposed Resolution No.83-67,AB -83-22, F:Proposed Resolution No.84-04,AB -84-2,G:Proposed Resolution No.84-07,Declaring Safety Policies as Public Record,and H:Acceptance of Minutes from Regular Meeting of January 20,1984.) Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors Vice Mayor Eidson recognized State Representative Roy Hudson. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 2 CITY MANAGER'S REPORT City Manager Michael J.McNulty stated that the City has been granted a new benefit under the Pioneer health insurance plan;a screening health test at no additional charge. PUBLIC HEARINGS PROPOSED ORDINANCE NO.232,PZ-43-83 OERTLE AND EARDLEY(First Reading)) )Vice Mayor Eidson informed the Council and public that the developers have requested a postponement of this hearing. Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ITEM NO.3,ORDINANCE NO.232,BE CONTINUED UNTIL THE REGULAR MEETING OF FEBRUARY 21,1984. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.225, PZ-47-83,SEATON (First Reading) the public. Councilman Damiano seconded the motion. Vice Mayor Eidson opened the hearing to Associate Planner Jim Nakagawa briefed the Council on the rezoning from GR General Rural to Trailer Homesite (TH), located at the northwest corner of West Greasewood Street and North Cedar Drive in Section 18. Mr.Steve Adams,3046 W.Greasewood, Apache Junction,representing Thelma Seaton,requested approval of the application. Ms Violet Sexton,1027 N.Meridian, Apache Junction,requested approval of the rezoning. Vice Mayor Eidson asked i f there was anyone who wished to speak in favor of or in opposition of the petition. There being no one else wishing to address the Council,Vice Mayor Eidson closed the hearing to the public. Mr.Nakagawa stated that the Planning and Zoning Commission and the Development Coordinating Committee both recommended approval with the stipulation of dedication of rights -of -way. Vice Mayor Eidson called upon the City Clerk to read Ordinance No.225,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 3 ORDINANCE NO.225,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 DISTRICT CLASSIFICATION IN REZONING CASE PZ-47-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.237, PZ-44-83,ELSON (First Reading)) the public. Vice Mayor Eidson opened the hearing to Mr.Nakagawa briefed the Council on the rezoning from GR General Rural to CR-5 Multiple Residence Zone,located on the east side of Palo Verde Drive,300 feet north of Apache Trail in Section 19,and is designated as Medium/High Density Opportunity. Mr.A.E.Sullivan,438 S.Saguaro,Apache Junction,explained that the proposed use would be two four-plex's,and requested approval of the rezoning. Vice Mayor Eidson asked i f there was anyone else who wished to speak in favor of or in opposition to the rezoning.There being no one wishing to address the Council,Vice Mayor Eidson closed the hearing to the public. Mr.Nakagawa stated that the Development Coordinating Committee has no objection,and the Planning and Zoning Commission recommend approval with stipulations of dedication of rights -of -way. Vice Mayor Eidson called upon the City Clerk to read Ordinance No.237,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.237,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-44-83 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.255, ESTABLISHING SAFETY COMMITTEE AND SAFETY POLICIES (First Reading with Emerency Clause) the public. Vice Mayor Eidson opened the hearing to City Manager McNulty explained the request to establish safety rules for the City employees,which would assist in preventing many unnecessary accidents. Vice Mayor Eidson 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,Vice Mayor Eidson closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 4 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.255,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous Vice Mayor Eidson called upon the City Clerk to read Ordinance No.255,by title only for the first reading with the emergency clause. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.255,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION,BY ADDING ARTICLE 3-12 SAFETY COMMITTEE AND ARTICLE 3-13 SAFETY POLICIES;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT ORDINANCE NO.255,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION,BY ADDING ARTICLE 3-12 SAFETY COMMITTEE AND ARTICLE 3-13 SAFETY POLICIES;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE,GEORGE'S STEAK HOUSE &COCKTAILS the public. Vice Mayor Eidson opened the hearing to Mr.Milos Lipovic,2125 E.Apache Blvd., Tempe,Arizona,requested approval of the application,stating that he would abide by any City rules and regulations. building and surroundings are anyone who wished to speak in of the Person Transfer. Councilman Shanks observed that the improved. Vice Mayor Eidson asked i f there was favor of or in opposition to the application. Mr.Gustardo Livopic requested approval There being no one else wishing to speak, Vice Mayor Eidson closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 5 Councilman Shanks MOVED THAT BE IT RESOLED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MILOS LIPOVIC FOR GEORGE'S STEAK HOUSE &COCKTAILS,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR PERSON TRANSFER OF SERIES 10 LIQUOR LICENSE, CIRCLE K STORE #1556 )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 Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 10 LIQUOR LICENSE,SUBMITTED BY THOMAS M.COSGROVE FOR CIRCLE K STORE NO.1556,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. VOTE:Unanimous The motion carried. APPLICATION FOR PERSON TRANSFER OF SERIES 7 LIQUOR LICENSE, PIZZA HUT the public. Councilman Hill seconded the motion. Vice Mayor Eidson opened the hearing to 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 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 7 LIQUOR LICENSE,SUBMITTED BY GARY G.THOMPSON FOR PIZZA HUT,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 6 NEW BUSINESS PROPOSED RESOLUTION NO.83-66, AB -83-21 )Planning/Drafting Technician Julie Reid, briefed the Council on the abandonment of North Apache Drive from West Roundup Street to West Teepee Street. Mr.Gary Nine,925 N.Plaza Drive,Apache Junction,outlined the proposals for development and requested approval of the abandonment. Vice Mayor Eidson asked how this would affect the development. Mr.Nine explained that Roundup Street, i f not abandoned,would run directly through the proposed trailer park. Ms Reid stated that the Development Co- ordinating Committee recommendation on this abandonment resulted in a tie vote. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-66,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 NORTH APACHE DRIVE FROM WEST ROUNDUP STREET TO WEST TEEPEE STREET;WEST SHIPROCK STREET FROM 225 FEET WEST OF NORTH APACHE DRIVE TO NORTH IDAHO ROAD;AND WEST ROUNDUP STREET FROM NORTH PLAZA DRIVE TO 165 FEET EAST OF NORTH APACHE DRIVE,AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-21,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 Hill seconded the motion. VOTE:In Favor:Councilman Shanks,Councilman Shanks Opposed:Councilman Damiano,Vice Mayor Eidson The motion failed. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-66,BE CONTINUED TO THE REGULAR MEETING OF FEBRUARY 21,1984. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-68, AB -83-23 abandonment of South Cactus Road. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 7. Councilman Hill seconded the motion. Ms Reid briefed the Council on the Mr.Jack Barrett,6160 E.Greasewood, Apache Junction,speaking on behalf of John Calvin Church,requested approval of the abandonment. Ms Reid stated that the Development Coordinating Committee expressed no objection to the application. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-68,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON SOUTH CACTUS ROAD,AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-23,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.84-01, AB -83-1 )Ms Reid briefed the Council on the application for abandonment of South Descanso Road between East Broadway and East 6th Avenues,both of which are unimproved and not maintained. Mr.Stanley Peterson,1712 E.Broadway, Apache Junction,owner of the property adjacent to the abandonment, requested a block wall between his parcel and the development. City Manager McNulty explained,in answer to a question from Mr.Peterson,that the City had previously entered into an agreement with the Pinal County Board of Supervisors regarding whatever abandonments would be necessary,but not with any specific piece of property. Mr.A.E.Sullivan,438 S.Saguaro,Apache Junction,the realtor who sold the property,further explained Mr.Peterson's situation. State Representative Roy Hudson stated that the Housing Authority would attempt to build the block wall,but i t would be difficult to apply for further funds from HUD,and requested approval of the abandonment. Ms Reid stated that the Development Coordinating Committee has no objection to the abandonment. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-01,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 SOUTH DESCANSO ROAD BETWEEN EAST BROADDWAY ADN EAST 6TH AVENUES;AND EAST SEVENTH AVENUE BETWEEN SOUTH TOMAHAWK AND SOUTH VISTA ROADS,AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-01,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. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 8 Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO INDUSTRIAL DEVELOPMENT AUTHORITY )Councilman Damiano read the following letter: "Dr.William F.Wright,President Dear Dr.Wright The purpose of this letter is to advise you that I am resigning my position with the Apache Junction Industrial Development effective January 1,1984. Sincerely, Richard Metz" Vice Mayor Eidson announced that because of the passing away of Mr.Walter Kesteloot,there are two vacancies. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE RESIGNATION OF MR.RICHARD METZ FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY BE ACCEPTED WITH REGRET AND THAT POSTHUMUS RECOGNITION AND GRATITUDE BE EXPRESSED TO THE FAMILY OF MR.WALTER KESTELOOT FOR HIS SERVICE TO THE COMMUNITY WHILE A MEMBER OF THE INDUSTRIAL DEVELOPMENT AUTHORITY. BE IT FURTHER RESOLVED THAT TYRUS W.SETLIFF BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY TO FILL THE VACANCY CREATED BY THE RESIGNATION OF RICHARD METZ,SAID TERM TO EXPIRE MARCH 18,1985;AND THAT LOWELL E.ARNOLD BE APPOINTED TO FILL THE VACANCY CREATED BY THE PASSING AWAY OF WALTER KESTELOOT,SAID TERM TO EXPIRE MARCH 18,1989. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,EXECUTIVE SESSION,FEBRUARY 21,1984 ) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON FEBRUARY 21,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 9 Councilman Hill seconded the motion. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Shanks announced that the Superintendent of Community Services Jeff Bell has a new baby boy. REQUESTS OF COUNCIL None. ADJOURNMENT )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:12 P.M. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 21STDAY OF FEBRUARY ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ZJZ _/ / / Wde‘r CA77.,41:e- Wendell J.Clar Mayor ATTEST: 4,„„44, Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1984 PAGE 10