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Home My WebLink About1985-05-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 21,1985 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on May 21,1985,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 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Taylor,Councilman Hill,Councilman Damiano, Councilman Shanks,Councilman Baljo,Vice Mayor Eidson, Mayor Clarke City Manager Michael J.McNulty Deputy City Clerk Lori Clark Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Controller Keith Lewis Director of Public Works Rich Broman Economic Development Specialist John Schoeph City Attorney David Alexander Ms Lois Jensen 10220 Apache Trail #5 Apache Junction,AZ 85220 Mr.Bill Beaulieu 306 E.Frontier Rd. Apache Junction,AZ 85220 Ms Sandy Smith,President Chamber of Commerce 3575 N.Prospector Rd. Apache Junction,AZ 85220 Mr.Gil Verley,Chairman RV Review Committee Ms Donna Loewenstein 101 S.Ironwood Drive Apache Junction,AZ 85220 Ms Paula Hanson 478 E.Montebello Apache Junction,AZ 85220 Ms Marie Larson,Manager Venture Ironwood Park ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eidson MOVED THAT AFTER AMENDING THE REGULAR MEETING AGENDA BY DELETING ITEM NO.6, PROPOSED ORDINANCE NO.392,TRAFFIC CONTROL DEVICES;CONSENT AGENDA ITEM NOS.1 AND 2 BE APPROVED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors Mayor Clarke acknowledged the presence of State Representative Roy Hudson and also introduced his daughter,Wendy. Councilman Taylor introduced Mrs.Damiano. AWARDS,PRESENTATIONS AND COMMUNICATIONS Ms Lois Jensen,10220 Apache Trail #5,Apache Junction, representing the Friends of the Library,made awards to Mayor Clarke, Councilman Damiano,and Councilman Shanks as tokens of appreciation for dedication in improving the Library. Mayor Clarke presented plaques to the Council for their help and dedication throughout their terms as councilmembers,to Mr.Roy Hudson as the first mayor of the City of Apache Junction,to Mr.Henry Steelsmith for services as a councilmember,and gave 5 year pins to Councilman Damiano,Councilman Hill,Vice Mayor Eidson,and Councilman Shanks.Mayor Clarke also presented a plaque to George and Harriet Little for their regular attendance to Council meetings,and gave a plaque to his wife,Clarice,for her support. Vice Mayor Eidson asked Mrs.Clarke to join the Mayor at the dais where Councilman Shanks presented her with a corsage and made a presentation to Mayor Clarke in recognition of distinguished community service and contributions to the progress of Apache Junction,on behalf of the Council and citizens. Mayor Clarke expressed his appreciation for the award. Vice Mayor Eidson announced that there would be cake and punch after the Council meeting in celebration of the Mayor's birthday. Mayor Clarke gave a proclamation for Epicenter for "Foster Home Week"to Ms Lee Reeder. CITY MANAGER'S REPORT City Manager Michael J.McNulty reported that the concrete apron surrounding the Gazebo has been completed,and that the placing of pipes under Highway 88 will be completed prior to Memorial Day weekend. REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 2 PUBLIC HEARINGS PROPOSED ORDINANCE NO.356, PZ-5-85,BEAULIEU )Mayor Clarke opened the hearing to the public. Director of Planning Chuck Newcomer briefed the Council on the request for rezoning of a 20,678 square foot parcel,located on the southeast corner of the intersection of Superstition Boulevard and North Valley Drive in Section 20,from GR General Rural to C-2 Local Commercial District and protests received represents 14.1%of the areas on the east side and does not require three-quarters vote from the City Council for passage. Mr.Bill Beaulieu,306 E. Frontier Rd.,Apache Junction,requested approval of the application. 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 application,Mayor Clarke called upon the Director of Planning for recommendations. Mr.Newcomer stated that the Planning staff recommends approval of the rezoning and that the Planning and Zoning Commission also recommends approval with roadway dedication stipulations. Mayor Clarke closed the hearing to the public. Councilman Damiano MOVED THAT ORDINANCE NO.356,BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the Deputy City Clerk to read Ordinance No.356 by title only. Deputy City Clerk Lori Clark read as follows: ORDINANCE NO.356,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-5-85 FROM GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Eidson MOVED THAT ORDINANCE NO.356,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-5-85 FROM GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 3 The motion carried. PROPOSED ORDINANCE NO.361, PZ-10-85,MEADE )Mayor Clarke opened the hearing to the public,and informed the Council that the applicant has requested a continuance of the rezoning application until the second regular meeting in June. Vice Mayor Eidson MOVED THAT ORDINANCE NO.361,PZ-10-85,BE CONTINUED UNTIL THE REGULAR COUNCIL MEETING OF JUNE 18,1985. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.383,PZ-23-85, AMENDMENT TO ZONING ORDINANCE ) to the public. Councilman Baljo seconded the Mayor Clarke opened the hearing Mr.Newcomer briefed the Council on the Commission Initiative amendment of Section 15.0803 of the Zoning Ordinance,which would provide for increasing lot sizes for mobile home from 8,000 square feet to 11,000 square feet and that two versions have been provided for Council action. 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 closed the hearing to the public. Vice Mayor Eidson asked i f the Council had to take action on the ordinance. Mr.McNulty stated that they would have to deny rather than not take action. Vice Mayor Eidson MOVED THAT ORDINANCE NO.383,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the Deputy City Clerk to read Ordinance No.383,by title only with the emergency clause. Deputy City Clerk Lori Clark, read as follows: ORDINANCE NO.383,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 15,SECTION 15.0803 MOBILE HOME SUBDIVISIONS AND BY ADDING REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE -4 SECTION 15.0803A MOBILE HOME LOTS (NOT DEVELOPED UNDER SUBDIVISION ORDINANCE);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO.383,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 15,SECTION 15.0803 MOBILE HOME SUBDIVISIONS AND BY ADDING SECTION 15.0803A MOBILE HOME LOTS (NOT DEVELOPED UNDER SUBDIVISION ORDINANCE);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE DENIED. Councilman Shanks seconded the motion. Councilman Baljo gave the following reasons for denial:To provide options as the lot sizes to residential land owners,to prevent discrimination to people who prefer manufactored housing on the residential lots,to provide provisions in the Planning and Zoning Ordinance to compliment low,medium and high density residential area as designated in the General Plan. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED RESOLUTION NO 85-13, AB -85-03,RECONSIDERATION OF ABANDONMENT OF PORTIONS OF OHIO AND CODY STREET (Postponed Item)) )Mr.McNulty explained that the property owners met and request that no changes be made in the abandonment and that they have agreed to dedicate easements to the Fire Department for their use,and that should the Council decide to agree with this,no further action is necessary. As no Councilmember wished to reconsider the present resolution for abandonment,the resolution remains the same and the original Council action for approval stands. REQUEST FROM CHAMBER OF COMMERCE TO ERECT SIGN ADJACENT TO CHAMBER OF COMMERCE BUILDING )Ms Sandy Smith,President of Apache Junction Chamber of Commerce,3575 N.Prospector,Apache Junction,submitted exhibits to the Council showing where the sign would be located and the dimensions of the sign. Councilman Baljo wished to know i f the sign could compliment the already existing signs on the City Complex. Ms Smith stated that the sign will be repainted but the Chamber is not in a position to design a new sign at present,but eventually i t will be appropriate to have a matching sign. Councilman Hill MOVED THAT PERMISSION BE GRANTED TO THE APACHE JUNCTION CHAMBER OF COMMERCE TO ERECT A SIGN ADJACENT TO THE CHAMBER OF COMMERCE BUILDING. Councilman Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 5 VOTE:Unanimous The motion carried. RESCINDING AWARD OF BID FOR STREET IMPROVEMENT BONDING PROJECT, PHASE III -B )Mr.McNulty stated that due to a purchase order not being issued for a previous phase of the project, i t was not apparent that there was not sufficient funding to complete the entire 20 miles,and explained that the cost went from the initial estimated $70,000 per mile to $93,000 per mile,more than 20%,and this was not anticipated,which was probably caused by the rise in cost of gas and oil,so this award of bid will need to be rescinded. Councilman Damiano asked which streets will this affect. Mr.Broman gave the specific streets that would be affected by the delay. Mr.McNulty stated that over 17 miles were completed,and that some items such as removing power poles were not in the initial estimations. Councilman Damiano MOVED THAT THE AWARD OF BID FOR STREET IMPROVEMENT BONDING PROJECT,PHASE III -B TO NESBITT CONTRACTING,INC.AT THE REGULAR CITY COUNCIL MEETING OF MAY 7, 1985,BE RESCINDED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke thanked City Manager Michael McNulty and Director of Public Works Rich Broman for the work put into improving the streets that were completed. NEW BUSINESS REQUEST FOR EXTENSION TO CLEAN PROPERTY,GRAHAM )Mr.McNulty explained that Mr.Tom Graham has submitted a letter requesting a 30 day extension to clean the property in question and that this is his first request for an extension. Councilman Damiano MOVED THAT A 30 DAY EXTENSION BE GRANTED TO MR.TOM GRAHAM,JR.TO CLEAN PROPERTY, THE EXTENSION TO EXPIRE JUNE 20,1985. motion. VOTE:Unanimous The motion carried. Councilman Hill seconded the REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 6 U.S.HIGHWAY 60/SR 88 INTERSECTION INITIAL DESIGN CONCEPT REPORT )Mr.Broman explained the Concept Report submitted to the Council and requested that the initial concept design report provide the Arizona Department of Transportation with comments or approval as presented. Mr.McNulty stated that construction in the intersection would begin in July of 1986 and would be completed in four to six months. Councilman Taylor MOVED THAT THE INITIAL ARIZONA DEPARTMENT OF TRANSPORTATION DESIGN CONCEPT REPORT, DATED APRIL 20,1985 FOR THE JUNCTION OF U.S.60 AND S.R.88,BE APPROVED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. RECREATION VEHICLE REVIEW COMMITTEE OPINION ON RECREATIONAL VEHICLES ) )Mr.Gil Verley,Chairman of the RV Review Committee outlined the concensus of the Committee,which he felt agreed with the State's opinion. Councilman Baljo MOVED THAT THE RECOMMENDATIONS OF THE RECREATIONAL VEHICLE REVIEW COMMITTEE BE ACCEPTED AS PRESENTED. I FURTHER MOVE THAT THE NECESSARY STEPS BE TAKEN TO INCORPORATE THESE RECOMMENDATIONS INTO THE REGULATIONS OF THE CITY. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke thanked the members of the Committee for their efforts. APPOINTMENT TO THE LIBRARY BOARD is one applicant for this vacancy. )Mayor Clarke stated that there Councilman Shanks MOVED THAT ROSALINE DEBNAM BE APPOINTED TO THE LIBRARY BOARD,TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ALICE POLOMSKEY,SAID UNEXPIRED TERM TO END JUNE 30,1985. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID FOR ENGINEERING SERVICES )Mr.McNulty addressed the item, explained that as per Council authorization,the City requested proposals from a number of engineering firms and six were submitted, REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 7 and recommended that the bid be awarded to the firm of O'Dell & Associates in the amount of $1200 for 48 hours of service,which was the most feasible bid. Councilman Baljo stated that this is an example of the City Manager's effort to save the City money and that a full-time engineer is not needed at this time. Vice Mayor Eidson MOVED THAT THE BID FOR ENGINEERING SERVICES BE AWARDED TO O'DELL &ASSOCIATES IN THE AMOUNT OF $1200 PER MONTH. I FURTHER MOVE THAT THE CITY MANAGER BE AUTHORIZED TO FINALIZE CONTRACTUAL AGREEMENTS. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT TO ANNEXATION COMMITTEE ) )Mr.McNulty informed the Council that Councilman Baljo has requested to be appointed to the Annexation Committee,and brought the Council up to date on State laws pertaining to annexations. Mayor Clarke MOVED THAT COUNCILMAN BALJO BE APPOINTED TO THE ANNEXATION COMMITTEE. Councilman Damian°seconded the motion. VOTE:In Favor:Vice Mayor Eidson,Councilman Taylor,Councilman Hill,Councilman Shanks,Councilman Damiano, Mayor Clarke Abstained:Councilman Baljo (possible conflict of interest) The motion carried. CALL TO THE PUBLIC Ms Donna Loewenstein,101 S.Ironwood Drive,Apache Junction, addressed the Council in regards to the opening of 4th avenue between Ironwood Drive and Azure Skies. Ms Paula Hanson,478 E.Montebello,Apache Junction,wished to know why the business license fee for a masseuse is $500. Mayor Clarke requested that the Director of Public Safety,Bill McDaniel respond to Ms Hanson at a later date. WORK SESSION,JUNE 3,1985 EXECUTIVE SESSION,WORK SESSION, JUNE 4,1985 EXECUTIVE SESSLON,,JUNE 4,1985 ) )Councilman Baljo MOVED THAT A WORK SESSION BE HELD ON JUNE 3,1985,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. I FURTHER MOVE THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JUNE 4,1985,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS,AND THAT AN EXECUTIVE SESSION BE HELD ON JUNE 4,1985,AT 7:15 P.M.,IN THE CITY COUNCIL CHAMBERS. REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 8 IL Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Damiano stated that the Gazebo Committee,through the efforts of citizens that purchased bricks,will be paying $500 for the apron that was added to the Gazebo. Councilman Shanks reported on the Women Who Govern seminar. REQUESTS OF COUNCIL Mayor Clarke requested that at the next meeting when the new members of the Council are sworn in,the old and new members work together to provide a continuity of unity. Ms Marie Larson,Manager of Venture Ironwood Park,submitted a letter signed by residents ,stating that these residents would not want 4th Avenue opened to the public as they felt i t would create a hazard. ADJOURNMENT )There being no further business,Mayor Clarke adjourned the meeting at 8:15 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of minutes from the Regular Meeting of May 7,1985 ACCEPTED THIS 4TH DAY OF .-JUNE ,1985,BY THE MAYOR AND CITY -CGUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, Wendell J.Clar Mayor ATTEST: d x = 4 , 1 : Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 21,1985 PAGE 9