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HomeMy WebLinkAbout1985-02-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 19,1985 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on February 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 7:00 p.m. INVOCATION Councilman Taylor led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Hill,Councilman Shanks,Councilman Taylor, Councilman Baljo,Councilman Damiano,Vice Mayor Eidson Councilman Absent:Mayor Clarke (ill) Staff Present: Others Present: City Manager Michael J.McNulty City Clerk Kathleen Connelly Director of Public Safety Bill McDaniel Finance Controller Keith Lewis Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph Superintendent of Community Services Jeff Bell City Attorney David Alexander Deputy City Clerk Lori Clark Mr.Art Tower,Area Manager Phoenix Resources Are Bureau of Land Management Mr.John Granillo,Jr. Apache Junction,Arizona 85220 Mr.Al Bellucci 2386 N.Valley Rd. Apache Junction,Arizona 85220 Mr.Ed Grundstrom 7665 Redwood Blvd. Novado,California Mr.Bill Beaulieu 306 E.Frontier Apache Junction,Arizona 85220 Mr.Kenneth Ragan 2386 N.Valley Rd. Apache Junction,Arizona 85220 Mr.Allan Price 1328 N.Gold Drive' Apache Junction,Arizona 85220 Ms Angela Borlin 1428 W.Greasewood Apache Junction,Arizona 85220 Mr.Harry Polomskey Apache Junction,Arizona 85220 ACCEPTANCE OF CONSENT AGENDA )Councilman Damiano MOVED THAT THE CONSENT AGENDA ITEMS 1 THROUGH 6 AND NO.8 BE APPROVED AND ADOPTED AS PRESENTED AND THAT ITEM NO.7 BE CONSIDERED SEPARATELY UNDER "NEW BUSINESS",AFTER ORDINANCE NO.332. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Manager Michael J.McNulty introduced representatives from the Bureau of Land Management to present to the City leases on the acreage for the trail systems. Mr.Art Tower,Area Manager for Phoenix Resource Area,BLM, presented the lease to the Council for 1620 acres. Mr.John Granillo,Jr.,President,Apache Junction Youth Soccer League,presented a plaque to the Community Services Department for participation in a successful season. CITY MANAGER'S REPORT Mr.McNulty reported on the six-month financial report for the City,and stated that Maricopa County has been requested to conduct a study of the intersections of Meridian and Superstition,and Meridian and Broadway for the purposes of determining whether traffic signals will be warranted,and they have reported that these will be installed with the City's participation. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 2 PUBLIC HEARINGS PROPOSED ORDINANCE NO.319,PZ-52-84, BELLUCCI AND GRUNDSTROM hearing to the public. Vice Mayor Eidson opened the Director of Planning Chuck Newcomer,briefed the Council on the request for rezoning from GR General Rural to CR-5 Multiple Residence of a 5 acre parcel,located on the north side of Roundup Street between Gold and Valley Drives in Section 17,and stated that there have been protest petitions filed making i t necessary for a 3/4 vote of the City Council for approval of the rezoning application. Mr.Al Bellucci,2386 N.Valley Rd.,Apache Junction,stated that this is designated as Medium/High density on the General Plan and requested approval of the application. Mr.Ed Grundstrom,7665 Redwood Blvd.,Novado,California,requested approval and argued the benefits of the rezoning. Mr.Bill Beaulieu,306 E. Frontier,Apache Junction,designated representative for the applicants,pointed out reasons for approval. Mr.Kenneth Ragan,2386 N. Valley Rd.,Apache Junction,spoke in favor of the petition,pointing out advantages. Mr.Allan Price,1328 N.Gold Drive,Apache Junction,resident of 13 years,addressed the item with opposition. Ms Lillian Castro,1381 W. Roundup,Apache Junction,spoke in opposition to the application. Councilman Damiano asked if a compromise of CR-4/PD was proposed,would the protesters agree. Ms Castro stated that they would not. Ms Angela Borlin,1428 W. Greasewood,Apache Junction,spoke in opposition to the rezoning. Councilman Baljo addressed the item with particular regard to the General Plan being only a guide for zoning. Mr.Newcomer stated that the Planning staff recommended rezoning of this property to a lower density,and the Planning and Zoning Commission recommended denial of the application. Mr.Ragan again addressed the item asking why the General Plan was adopted and not adhered to. Vice Mayor Eidson closed the hearing to the public. Councilman Damiano MOVED THAT ORDINANCE NO.319,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 3 VOTE:Unanimous The motion carried. Vice Mayor Eidson called upon the City Clerk to read Ordinance No.319,by title only. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.319,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-52-84 FROM GR GENERAL RURAL TO;CR-5 MULTIRLE;RESIDENCE ZONE; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY Councilman Damiano MOVED THAT ORDINANCE NO.319,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-52-84 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY,BE DENIED. Councilman Hill seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Baljo,Councilman Hill, Councilman Damiano,Vice Mayor Eidson Abstained:Councilman Shanks (possible conflict of interest) The motion carried. Vice Mayor Eidson recessed the meeting.' Vice Mayor Eidson reconvened the meeting at 8:05 p.m. PROPOSED ORDINANCE NO.355, AMENDING CHAPTER .3 OF CITY CODE hearing to the public. )Vice Mayor Eidson opened the City Clerk Kathleen Connelly explained that this ordinance is to bring the language of the City Code into compliance with the contract for the City Manager,and has been submitted with the emergency clause,and must be adopted in order for the City Manager's contract to be valid. 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. Councilman Shanks MOVED THAT ORDINANCE NO.355,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE 'WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 4 Vice Mayor Eidson called upon the City Clerk to read Ordinance No.355 by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.355,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION, ARTICLE 3-1 CITY MANAGER,SECTION 3-1-7 COMPENSATION;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT ORDINANCE NO.355,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION,ARTICLE 3-1 CITY MANAGER,SECTION 3-1-7 COMPENSATION;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS ADDITIONAL ENGINEERING AND DESIGN COST,PROSPECTOR PARK )Superintendent of Community Services,Jeff Bell,explained that additional funds received from the LWFC grant program will allow expansion of Prospector Park,and requested approval of additional design,engineering and construction management cost. Councilman Taylor MOVED THAT FUNDS IN THE MOUNT OF $9,000.00 BE GIVEN TO CARTER ASSOCIATES OF PHOENIX,FOR THE ADDITIONAL DESIGN,ENGINEERING AND CONSTRUCTION MANAGEMENT COST,FOR PROSPECTOR PARK. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS CONTRACT FOR CITY MANAGER )City Attorney David Alexander explained that this is a proposed one-year contract for the City. Manager with provisions for compensatory time,vacation time payment, and other types of severance pay. Councilman Hill MOVED THAT THE CONTRACT FOR THE CITY MANAGER IN THE AMOUNT OF $49,500.00 BE APPROVED AS PRESENTED. Councilman Shanks seconded the motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, .1985 PAGE 5 VOTE:Unanimous The motion carried. REQUEST FOR TIME EXTENSION OF ARTICLE 9-2 OF CITY CODE )Ms Connelly briefed the Council on the request submitted by Mr.Roger Grimh of Sun Unlimited Corp.,to be granted an additional 30 days to bring their property into compliance with Article 9-2 of the City Code. Councilman Taylor MOVED THAT AN EXTENSION OF 30 DAYS,TO EXPIRE ON MARCH 24,1985 BE GRANTED TO SUN UNLIMITED,TO BRING THEIR PROPERTY INTO COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE. Councilman Baljo seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Hill,Councilman Baljo, Councilman Damiano,Vice Mayor Eidson Abstained:Councilman Shanks (possible conflict of interest) The motion carried. RESIGNATION AND APPOINTMENT TO PARKS AND RECREATION COMMISSION ) )Mr.Bell requested that the resignation of Mr.Jack Rivers be accepted and stated that the Parks and Recreation Commission recommends the appointment of Mr.John Granillo,Jr.,to fill the vacancy. Councilman Shanks MOVED THAT THE RESIGNATION OF MR.JACK RIVERS FROM THE PARKS AND RECREATION COMMISSION BE ACCEPTED WITH REGRET. AND THAT MR.JOHN GRANILLO,JR.,BE APPOINTED TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR.JACK RIVERS,SAID TERM TO EXPIRE APRIL 1,1987. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. RESIGNATION AND APPOINTMENT TO LIBRARY BOARD )Mr.McNulty stated that as there have been no Talent Bank Applications submitted,i t is only necessary to accept the resignation of Mr.Dwight Pierce. Councilman Taylor MOVED THAT THE RESIGNATION OF MR.ARTHUR DWIGHT PIERCE FROM THE LIBRARY BOARD BE ACCEPTED WITH REGRET AND THAT SPECIAL RECOGNITION BE GIVEN TO HIM. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 6 WORK SESSION,MARCH 4,1985 WORK SESSION,EXECUTIVE SESSION MARCH 5,1985 )Councilman Shanks MOVED THAT A WORK SESSION BE HELD ON MARCH 4,1985,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD ON MARCH 5, 1985,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.332, ESTABLISHING COMMERCIAL ZONING DISTRICT REGULATIONS (With the Emergency Clause) )Mr.McNulty stated that the public hearing was held at the previous Council meeting,and was post- poned for 60 days unless earlier considered,and since the Zoning Ordinance will be declared public record,i t is necessary to act on the recommendations of this ordinance,and recommended the staff recommen- dation combined with Councilman Baljo's suggestion of a 6 foot masonry wall for C-1 zone as in the other commercial zones. Councilman Baljo suggested that an amendment also be proposed pertaining to set -backs,striking 35' requirement and leave i t at 25'. Councilman Damiano MOVED THAT ORDINANCE NO.332,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Eidson called upon the City Clerk to read Ordinance No.332 by title only with the emergency clause. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.332,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 ADDING "SECTION 1511 PROHIBITION OF REZONINGS TO CB -1 GENERAL BUSINESS ZONE,""SECTION 1611 PROHIBITION OF REZONINGS TO CB -2 GENERAL BUSINESS ZONE,"AND "ARTICLE 34 COMMERCIAL DISTRICT";REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO.332,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 ADDING "SECTION 1511 PROHIBITION OF REZONINGS TO CB -1 GENERAL BUSINESS ZONE,""SECTION 1611 PROHIBITION OF REZONINGS TO CB -2 GENERAL BUSINESS ZONE,"AND "ARTICLE 34 COMMERCIAL DISTRICT"; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 7 DECLARING AN EMERGENCY,ELIMINATING HOURS OF OPERATION AND COMBINING THE TWO LEAST INTENSIVE LOCAL COMMERCIAL ZONES FOR A TOTAL OF FOUR NEW COMMERCIAL ZONES,AND ADDING THE REQUIREMENT THAT A 6 FOOT HIGH MASONRY WALL BE REQUIRED IN THE C-1 ZONE AS IN THE OTHER ZONES,AND THAT SECTION 34.0309 SETBACKS,PARAGRAPH 1,DELETING THE 35 FOOT REQUIREMENT BE APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.85-05, DECLARING PROPOSED APACHE JUNCTION ZONING ORDINANCE AND ZONING MAP AS PUBLIC RECORD )Mr.McNulty stated that this resolution is necessary due to action contemplated in March,adopting the entire zoning ordinance as public record. Vice Mayor Eidson announced that the Planning and Zoning Commission will hold a hearing on March 6, 1985,on the readoption of the entire ordinance including recent amendments,and the City Council will consider the readoption of the same on Thursday,March 7,1985,both to be held in the City Council Chambers. Mr.McNulty pointed out that the only changes being proposed are the commercial zoning amendments. Councilman Baljo MOVED THAT RESOLUTION NO.85-05,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED PROPOSED ORDINANCE NO.350 (PROPOSED APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,AND THE PROPOSED ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA),WHICH WILL BE ADDED TO THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME II,LAND DEVELOPMENT CODE,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC Mr.Harry Polomskey,complained that he had submitted a Talent Bank Application for Library Board and had not been considered three times when there had been vacancies,his wife had checked to insure that the application is on file. Ms Connelly explained that i t is the policy that recommendations be made by the Library Board and that these would be at the next meeting. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 8 REQUESTS OF -COUNCIL None. ADJOURNMENT )Councilman Taylor MOVED THAT THE MEETING BE ADJOURNED AT 8:45 P.M. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 5TH DAY OF MARCH ,1985,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ,c)L L Wendell J.Cl Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19,1985 PAGE 9