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HomeMy WebLinkAbout1985-03-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 19,1985 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on March 19,1985,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 7:02 p.m. INVOCATION Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Councilmen Absent: Staff Present: Councilman Taylor,Councilman Shanks,Councilman Damiano, Vice Mayor Eidson,Mayor Clarke Councilman Hill (ill) Councilman Baljo (wife ill) City Manager Michael J.McNulty City Clerk Kathleen Connelly Controller Keith Lewis Director of Planning Chuck Newcomer Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Economic Development Specialist John Schoeph City Attorney David Alexander Deputy City Clerk Lori V.Clark Others Present:Mr.Larry Enyart Architect Mr.Dave Nicole Developer Mr.Jerry Burgess 349 S.Saguaro Apache Junction,Arizona 85220 Mr.Harvey Morrison 1834 W.Roundup Apache Junction,Arizona 85220 Mr.Tom Roudebush Dow -Sat Representative Mr.Jim Snyder President Mobile Home Installers Assoc. Mr.Bryce Kempton 1443 E.Peppertree Mesa,Arizona Ms Leslie Huff 2420 W.5th Avenue Apache Junction,Arizona 85220 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eidson MOVED THAT CONSENT AGENDA ITEMS 1 THROUGH 8 BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors Mayor Clarke recognized Ms Sandy Smith,President of the Apache Junction Chamber of Commerce. •AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Clarke explained to the public that the Council had formed an Economic Opportunities Action Team approximately two years ago,and an Economic Development Specialist,John Schoeph,was hired to promote industry and development in Apache Junction,and presented an award to Mr.Bob DeBow for his activities and contributions to the community,as the resigned Chairman of the EOAT. Mr.DeBow expressed his appreciation for the plaque. CITY MANAGER'S REPORT City Manager Michael J.McNulty reported that the census is underway and that the public can expect the enumerators at their homes. Mr.McNulty introduced Mr.Larry Enyart,Architect for the Library and Senior Citizens Center. Mr.Enyart outlined and described the plans for the interior and exterior of the new City Library and Senior Center. Councilman Damiano asked i f i t would have been cheaper to borrow plans from another City that had also constructed a new library. Mr.Enyart stated that the needs for Apache Junction are different than they would be in a different area,and also since Apache Junction is combining the Library and the Senior Center,the design would be much different and would not be suitable for the needs of Apache Junction and would not make use of the view afforded by the Superstition Mountains. REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 2 PUBLIC HEARINGS Councilman Taylor removed herself from the Council and took a seat in the audience,due to a conflict of interest in the following agenda item. PROPOSED ORDINANCE NO.330, PZ-62-84,TAYLOR )Mayor Clarke opened the hearing to the public. Director of Planning Chuck Newcomer briefed the Council on the rezoning application from GR General Rural to Trailer Homesite Zone of a 5 acre parcel,located between 16th and 18th Avenues,330 feet east of Cortez Road in Section 27. Ms Ilene Taylor,1617 S. Cortez,Apache Junction,applicant,addressed the Council requesting approval of the rezoning application and outlined the proposed expansion of the existing Roadrunner Park,which depended upon outcome 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. Mr.Newcomer stated that the Planning staff has no objections with no stipulations other than roadway dedications,and that the Planning and Zoning Commission recommended approval of the rezoning with the same stipulations. Mayor Clarke closed the hearing to the public. Councilman Damiano MOVED THAT ORDINANCE NO.330 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.330,by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.330,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 DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-62-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Eidson MOVED THAT ORDINANCE NO.330,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 DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 3 IN REZONING CASE PZ-62-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.336, PZ-67-84,BURGESS AND JONES to the public. Councilman Damiano seconded the )Mayor Clarke opened the hearing Mr.Newcomer addressed the application for rezoning of a 4.3 acre parcel,located near the southwest corner of Delaware Drive and Greasewood Street in Section 18. Mr.Dave Nicole,developer of the project,complained that the rezoning was approved by the Planning and Zoning Commission with several stipulations,and that the applicants cannot live with these stipulations,but were not given a chance to discuss them. City Attorney David Alexander stated that this is procedure,for conditions to be added or subtracted to the application by the Planning and Zoning Commission. City Manager McNulty explained that this would be the applicants opportunity to discuss these stipulations. Mr.Nicole requested that those stipulations be removed by the Council,as they would place hardship upon the development. Mr.Jerry Burgess,349 S. Saguaro,Apache Junction,applicant for the rezoning,outlined the uses of mini -storage and RV storage on the property,should be rezoning be approved. Mr.McNulty stated that assumptions are being made and that the abandonment has not been approved as yet and the final plans of the development are not in question at this time. Mr.Alexander stated that the Development Coordinating Committee has not seen the development plans, and the procedure is that the base zoning is the only question before the Council. Director of Public Works,Rich Broman provided comments on the drainage concerns in the site plan. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. Mr.Harvey Morrison,1834 W. Roundup,Apache Junction,asked i f the City was not attempting to keep the businesses within the first five lots on University Drive. Mayor Clarke explained that the City is growing and that this would not be possible for the proper development of the City. REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 4 Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning staff recommends approval with concerns and stipulations and that the Planning and Zoning Commission recommends approval with the same stipulations. Mayor Clarke closed the hearing to the public. Vice Mayor Eidson MOVED THAT ORDINANCE NO.336 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.336 by title. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.336,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-67-84 FROM GR GENERAL RURAL TO CB-2/PD GENERAL BUSINESS BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Taylor MOVED THAT ORDINANCE NO.336,AN ORDINANCE •Of THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-67-84 FROM GR GENERAL RURAL TO CB-2/PD GENERAL BUSINESS BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting at 8:15 p.m. Mayor Clarke reconvened the meeting at 8:25 p.m. PROPOSED ORDINANCE NO.363,FOUR-WAY STOP AT IRONWOOD AND SUPERSTITION ) )Mayor Clarke stated that this proposed Ordinance has the emergency clause and requires a three-quarter vote,and as there are only five Council members present, no action can be taken. Mayor Clarke MOVED THAT ORDINANCE NO.363,BE POSTPONED UNTIL THE REGULAR MEETING OF APRIL 2, 1985. REGULAR:MEETING: OF THE CITY COUNCIL MARCH:19,1985 PAGE 5 Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS . None. NEW BUSINESS REQUEST BY DOW -SAT CABLE TV TO SOLICIT PAST 6:00 P.M. )Mr.Tom Roudebush, representative of Dow -Sat of Minnesota,315 N.Saguaro,Apache Junction,reported that 250 people have had Cable TV installed,and requested that Dow -Sat be able to have representatives on the streets going door-to-door at least until dark. Mr.McNulty explained that the Business License Ordinance would have to be amended in order to allow this,however,providing appointments were made earlier or by telephone,representatives could be out after 6:00 p.m.,but i f a "variance"were granted,the ordinance would become invalid. Mr.Roudebush withdrew the request,as i t was not the intention of Dow -Sat to amend the Ordinance, but only a variance. PRESENTATION OF 5 -YEAR PARK IMPROVEMENT PROGRAM )Superintendent of Community Services Jeff Bell,stated that the Parks and Recreation Commission has been developing a Five -Year Parks Improvement Program and requested approval of the document and outlined the Program,including the various options for financing these improvements. Councilman Taylor asked i f the use of the Park would have an area for fairs or carnivals. Mr.Bell replied that this had not been suggested as yet,but he would take this back to the Parks and Recreation Commission. Mr.McNulty stated that the Jaycees have land that may be available for activities of this kind, and that possibly the City, could arrange an agreement with the Jaycees. Councilman Damiano suggested a dirt track for bikes. Mr.Bell explained that this was not in the 5 year plan,but in the future. Mr.McNulty stated that this will cost 5.2 million but may be augmented with Federal grants,but without the Home Rule Option i t may be difficult to accomplish. Councilman Damian()MOVED THAT THE DOCUMENT ENTITLED 5 -YEAR PARKS AND OPEN SPACE PLAN,SUBMITTED BY THE PARKS AND RECREATION COMMISSION BE APPROVED AO ADOPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 6.: Councilman Taylor seconded the motion Mr.McNulty explained that some problems did come up including the Flood Control dam that will be put in,in the Fiscal Year 1987,near Lost Dutchman and Idaho Road. VOTE:Unanimous The motion carried. SELECTION OF RECREATIONAL VEHICLE COMMITTEE )Councilman Taylor recognized applicants for the Recreational Vehicle Committee in the audience. Mr.Jim Snyder,President of Mobile Home Installers Association for the State of Arizona,commended the Council for forming this Committee and volunteered to serve on the Committee. Mr.Bryce Kempton,1443 E. Peppertree,Mesa,owner of Kemptons Travel Town,offered his services on the RV Review Committee. Leslie Huff,2420 W.5th Avenue,Apache Junction,owner of mobile home park,an applicant for the Committee,stated that she has been a resident of the area for 20 years. Councilman Taylor MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE RECREATION VEHICLE REVIEW COMMITTEE: MR.BRYCE KEMPTON MR.GIL VERLEY DEALERS MR.JAMES SNYDER MR.ROBERT FIELDS INSTALLERS MR.MAYNARD JONES RESIDENT MRS.LESLIE HUFF PARK OWNER AND THAT OTHER MEMBERS MAY BE ADDED AS NEEDED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.85-11, FEES FOR PUBLIC RECORD )City Clerk Kathleen Connelly stated that State law requires that municipalities charge different fees for commercial and non-commercial copies with "commercial purposes"meaning "the use of a public record for the purpose of sale or resale and for the purpose of producing a document containing all or part of a copy,print-out or photograph,for sale or the obtaining of names and addresses from such public records for the purpose of solici- tation or for any purpose in which the purchaser can recently anticipate the receipt of monetary gain from the direct or indirect use of public record",and that in the past the City has charged $.10 per REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 7 copy,which does not meet Statutory requirements.Ms Connelly also submitted a list of what businesses in Apache Junction charge for copies,and recommended that a fee be charged for certification. Councilman Taylor pointed out that this includes not only the cost of the machine maintenance and paper,but also clerical time to make the copy. Vice Mayor Eidson MOVED THAT RESOLUTION NO.85-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING FEES FOR THE • REPRODUCTION OF PUBLIC RECORDS FOR COMMERCIAL AND NON-COMMERCIAL PURPOSES,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. SPECIAL MEETING,APRIL 1,1985,FOR PURPOSE OF CANVASS OF VOTES )Councilman Damiano MOVED THAT A SPECIAL MEETING BE HELD ON APRIL 1,1985,AT 6:45 P.M.,IN THE CITY COUNCIL CHAMBERS,FOR THE PURPOSE OF CONDUCTING A CANVASS OF VOTES FOR THE PRIMARY ELECTION OF MARCH 26,1985. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,APRIL 1,1985 EXECUTIVE SESSION,WORK SESSION APRIL 2,1985 )Councilman Damiano MOVED THAT A WORK SESSION BE HELD ON APRIL 1,1985,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS;AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON APRIL 2,1985, 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) REQUESTS OF COUNCIL Councilman Taylor urged the public to vote on March 26,1985. Mr.McNulty informed the Council and public that there will be a public forum held March 21,1985,at Four Peaks Elementary School on Transportation and the planning process. REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 8 ADJOURNMENT )Vice Mayor Eidson MOVED THAT THE MEETING BE ADJOURNED AT 9:00 P.M. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of March 5,1985 *3.Acceptance of Minutes from the Special Meeting of March 7,1985 *4.Proposed Resolution No.85-07,Ordering Installation of Street Lights,Street Light Improvement District No.SL 8312-1 Apache Villa IV (Lots 16 through 74) *5.Proposed Resolution No.85-08,AB -85-01,Banks,Farmer,Abandonment of Arizona Road from Roosevelt Street South to Tamarisk sTreet *6.Proposed Resolution No.85-09,AB -84-12,Correcting error on Resolution No.84-26,Abandonment of South Deniza Road from East Fourth Avenue to East Second Avenue *7.Proposed Resolution No.85-10,Extension of Billboard Moratorium until April 17,1985 n .Request for release of retainage monies for completion of Department of Public Safety building ACCEPTED THIS 2ND DAY OF APRIL 1985,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Cla Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 19,1985 PAGE 9 /