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Home My WebLink About1987-03-03 City Council Regular Minutes CITY COUNCIL REGULAR MEETING MARCH 3, 1987 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 3, 1987 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER a.. Vice Mayor Bakkedahl called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Gardner led the Pledge of Allegiance. ROLL CALL Councilmen Present: Councilman Burgess Councilman Baljo Councilwoman Taylor Councilwoman Gardner Councilman Eidson Vice Mayor Bakkedahl Councilman Absent: Mayor Hill (ill ) '� Staff Present: City Manager Bill R. Da Vee City Clerk Kathleen Connelly Controller Keith Lewis Deputy City Clerk Lori Clark City Attorney David Alexander Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph Others Present: Mr. Richard Johnson, Attorney Mr. James Brinkman 1435 N. Delaware Apache Junction, Arizona Mr. Orville Burton 1325 N. Delaware Apache Junction, Arizona Mr. George England .... 931 E. 6th Place Mesa, AZ Mr. James Shanahan 2573 E. Superstition Blvd. Apache Junction, Arizona Mr. Mike Pegram 1564 N. Boyd Apache Junction, Arizona REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 1 Ms Nancy Koerner 1026 N. Goldfield Apache Junction, Arizona ACCEPTANCE OF CONSENT AGENDA ) ) Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS. 1, 2, 3, AND 4, BE ACCEPTED AS PRESENTED. Councilwoman Taylor seconded the ANIft motion. VOTE: Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Vice Mayor Bakkedahl thanked everyone for attending the meeting. AWARDS, PRESENTATIONS AND COMMUNICATIONS Vice Mayor Bakkedahl presented Mr. Art Berry with a plaque for his service on the Board of Adjustment. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Bill Da Vee reported on the meeting in Casa Grande with regard amok to the dumping of waste material , which had positive results, and also outlined subjects discussed at a meeting of the Arizona City Management Association, to include the possibility of mandatory drug testing of personnel . Mr. Da Vee also stated that a reply has been sent to the insurance company regarding city exposure, and that he would be needed to testify at a trial in Douglas. PUBLIC HEARINGS PROPOSED ORDINANCE NO. 567, PZ-51-86, HARTONO _) Director of Planning Chuck Newcomer briefed the Council on the application for rezoning of a 1.25 acre parcel , located at Delaware Drive between Shiprock and Roundup Street, from General Rural to Trailer Homesite, and stated that staff and the Planning and Zoning Commission recommend approval with several stipulations. Mr. Richard G. Johnson, Attorney representing the applicant, requested approval of the rezoning. Councilwoman Gardner asked questions regarding drainage. Mr. Johnson replied that those drainage problems have been solved. Vice Mayor Bakkedahl asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. Mr. James Brinken, 1435 N. Delaware, Apache Junction, presented a petition of approximately 50 names, and spoke in favor of the application. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 2 Mr. Orville Burton, 1325 N. Delaware, Apache Junction, addressed the Council in favor of the rezoning. There being no one else wishing to address the Council , Vice Mayor Bakkedahl closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO. 567, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. .•. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 567, 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-51-86 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO. 567, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. Councilwoman Gardner amended the motion THAT THE ORDINANCE INCLUDE STIPULATION NOS. 2, 3, AND 4. The amendment died due to lack of a second. VOTE: In Favor: Councilman Eidson, Councilwoman Taylor, Councilman Baljo, Councilman Burgess, Vice Mayor Bakkedahl Opposed: Councilwoman Gardner The motion carried. PROPOSED ORDINANCE NO. 568, PZ-52-86, HARTONO ) ) Assistant Planner Doug Williams briefed the Council on the request for rezoning of a 5 acre parcel , located on the northeast corner of Tomahawk and Superstition, from CR-1 Single Family Residence to C-2 Local Commercial , and stated that the Planning and Zoning Commission recommends approval with stipulations. Mr. Richard Johnson, representing the applicant, outlined the proposed project of a 24,000 square foot shopping center, and requested approval of the application. Councilman Eidson asked if the applicant had a problem with the suggested stipulations. Mr. Johnson replied that the stipulations can be complied with. City Manager Bill Da Vee asked the project Engineer what the intention was for the water run-off. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 3 Mr. George England, Engineer for the project, 931 E. 6th Place, Mesa, explained the preliminary plan for the retention basin. Vice Mayor Bakkedahl asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. Ms Nancy Koerner, 1026 N. Goldfield, Apache Junction, addressed the Council in objection to the application. .•. Mr. James Shanahan, 2573 E. Superstition Blvd., Apache Junction, spoke in opposition to the rezoning. Mr. Mike Pegram, 1564 N. Boyd, Apache Junction, also spoke in opposition to the application. Mr. Jack Clack, one of the property owners, spoke in favor of the project. Mr. Johnson addressed the Council in rebuttal to the opposition. Ms Koerner again addressed the Council with objections to the shopping center. Mr. Shanahan also further objected to the rezoning. Councilman Burgess asked the applicant' s representative if the property owner had purchased this property with the intent of the project. Mr. Johnson replied that the ,property was purchased with the zoning and project in mind. Councilwoman Taylor MOVED THAT ORDINANCE NO. 568, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Burgess seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 568, 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-52-86 FROM CR-1 SINGLE FAMILY RESIDENCE TO C-2 LOCAL COMMERCIAL; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO. 568, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE .••. FOLLOWING AMENDMENTS: DELETING "EACH PHASE OF DEVELOPMENT MUST BE COMPLETED WITHIN A ONE-YEAR PERIOD", DELETING "FAILURE TO COMPLY WITH THIS STIPULATION WILL REVERT THE PARCEL BACK TO THE ORIGINAL CR-1 ZONING", AND CHANGING "THE APPLICANT WILL HAVE 24 MONTHS TO COMMENCE THEIR WORK AND THREE YEARS TO COMPLETE THE ENTIRE PROJECT". Councilman Burgess seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 4 Councilwoman Taylor spoke on the 24 month stipulation. Councilman Eidson spoke in favor of the rezoning. Councilwoman Gardner expressed opposition to the proposed rezoning. Vice Mayor Bakkedahl also expressed .•., opposition to the rezoning at this time. Councilman Baljo addressed the Council and public in favor of the application, and further growth. VOTE: In Favor: Councilwoman Taylor, Councilman Baljo, Councilman Eidson, Councilman Burgess Opposed: Councilwoman Gardner, Vice Mayor Bakkedahl The motion carried. Vice Mayor Bakkedahl recessed the meeting. Vice Mayor Bakkedahl reconvened the meeting. OLD BUSINESS AWARD OF BID FOR RECORDS MANAGEMENT AND COMPUTER AIDED DISPATCH SOFTWEAR FOR POLICE DEPARTMENT (Postponed Item) ) Director of Public Safety Bill ....` McDaniel recommended that the bid be awarded to DLH/INE in the amount of $35,750 with a monthly maintenance cost of $485. Councilwoman Taylor MOVED THAT THE BID FOR RECORDS MANAGEMENT AND COMPUTER AIDED DISPATCH SOFTWEAR FOR THE POLICE DEPARTMENT, BE AWARDED TO DLH/INE IN THE AMOUNT OF $35,750 PLUS A MAINTENANCE CONTRACT OF $485 PER MONTH. Councilman Burgess seconded the motion. VOTE: Unanimous The motion carried. SELECTION OF DATE FOR SPECIAL MEETING TO CONSIDER GENERAL PLAN ADOPTION ) Director of Planning Chuck Newcomer suggested that the Special Meeting for considering the adoption of the General Plan be held on April 30, 1987, at 7:00 p.m. or May 14, 1987, at 7:00 p.m. Councilwoman Taylor MOVED THAT A SPECIAL MEETING BE HELD ON MAY 14, 1987, AT 7:00 P.M. , IN THE FOUR PEAKS ELEMENTARY SCHOOL CAFETORIUM, FOR THE PURPOSE OF CONSIDERING THE APACHE JUNCTION GENERAL PLAN. Councilman Eidson seconded the motion. VOTE: Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 5 SELECTION OF DATE FOR JOINT WORK SESSION WITH THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION (Postponed Item) ) ) Mr. Newcomer suggested three different dates for this joint meeting with the City Council and Planning and Zoning Commission, and requested that the Council choose one of those dates. Councilwoman Gardner MOVED THAT A JOINT WORK SESSION WITH THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, BE HELD ON MARCH 19TH, AT 7:00 P.M. , AND AN EXECUTIVE SESSION AT 6:00 P.M. , IN .... THE CITY HALL COMPLEX. Councilman Bali() seconded the motion. VOTE: Unanimous The motion carried. NEW BUSINESS APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES TO PERFORM ECONOMIIC, FINANCIAL ANALYSIS OF WATER AND SEWER ISSUES ) Councilwoman Taylor MOVED THAT THIS ITEM BE POSTPONED FOR 30 DAYS. Councilwoman Gardner seconded the motion. VOTE: Unanimous The motion carried. PROPOSED RESOLUTION NO. 87-13, BROADWAY AND MERIDIAN INTERSECTION IMPROVEMENTS; DESCRIBING THE LAND NECESSARY AND CONVENIENT TO BE TAKEN FOR SAID IMPROVEMENTS ) Director of Public Works Rich Broman explained that this resolution declares the City' s intent to improve the intersection of Broadway and Meridian. City Attorney David Alexander stated that this resolution is more formal than usual , as Mr. Parks has some interest in the condemnation and will most likely receive any proceeds. Councilman Baljo MOVED THAT RESOLUTION NO. 87-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING ITS INTENT TO IMPROVE THE INTERSECTION OF BROADWAY AND MERIDIAN LOCATED WITHIN THE CITY LIMITS OF APACHE JUNCTION, ARIZONA, DESCRIBING THE IMPROVEMENTS, DESCRIBING THE LAND NECESSARY OR CONVENIENT TO BE TAKEN FOR THE IMPROVEMENTS AND DECLARING SAID IMPROVEMENTS TO BE OF GENERAL PUBLIC BENEFIT, AND AUTHORIZING ACTION BY THE CITY MANAGER AND THE CITY ATTORNEY, BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. VOTE: Unanimous The motion carried. PROPOSED RESOLUTION NO. 87-14, OPPOSING SENATE BILL 1349 PREEMPTING LOCAL REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 6 AUTHORITY OVER LOCAL SALES TAX ) City Clerk Kathleen Connelly stated that there is a great concern throughout the cities and towns of Arizona, regarding Senate Bill 1349, which preempts the local taxing authority of cities and towns, and this resolution voices opposition to this bill . Councilwoman Gardner MOVED THAT RESOLUTION NO. 87-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, OPPOSING SENATE BILL 1349 PREEMPTING LOCAL AUTHORITY OVER LOCAL SALES TAX, AND URGING STATE LEGISLATORS TO DENY APPROVAL OF SENATE Amft BILL 1349, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. APPOINTMENTS TO PUBLIC SAFETY RETIREMENT BOARD _ ) Ms Connelly explained that State Statutes require that each city that participates with the Public Safety Retirement system, establish a local board, which is to consist of five members, of which two terms are now expiring, one of the two selected by secret ballot from the other members, and the citizen at large. The Police Officers have indicated by secret ballot that they wish Lieutenant Dan Scott to continue as a member. Ms Connelly added that Leo Frazier, Sr. wishes to continue on the board as the citizen at lare member. Councilwoman Taylor MOVED THAT LIEUTENANT DAN SCOTT AND LEO FRAZIER, SR. , BE APPOINTED TO THE PUBLIC SAFETY RETIREMENT BOARD, TERMS TO EXPIRE MARCH 4, 1991. .•. Councilman Eidson seconded the motion. VOTE: Unanimous The motion carried. APPOINTMENT OF ELECTION OFFICIALS FOR MARCH 17TH PRIMARY ELECTION ) Ms Connelly stated that as part of the election procedures, the City Council must appoint election officials not less than 10 days preceeding the election. Councilwoman Gardner MOVED THAT THE ELECTION BOARD OFFICIAL BE APPOINTED AS PER MEMO FROM THE CITY CLERK OF ITEM NO. 14, DATED FEBRUARY 26, 1987. Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. SPECIAL MEETING, MARCH 9TH, 7:00 P.M. FOUR PEAKS ELEMENTARY SCHOOL CAFETORIUM ON PINAL COUNTY PROPERTY TAX RATES ) Councilman Baljo explained that Councilman Eidson and himself have requested a special meeting for the purpose of hearing citizen comments on the Pinal County property tax rates. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 7 Councilman Baljo MOVED THAT A SPECIAL MEETING BE HELD ON MARCH 9, 1987, AT 7:00 P.M. , AT THE FOUR PEAKS ELEMENTARY SCHOOL CAFETORIUM ON PINAL COUNTY PROPERTY TAX RATES. Councilman Eidson seconded the motion. VOTE: Unanimous The motion carried. EXECUTIVE SESSION, WORK SESSION, APRIL 6, 1987 EXECUTIVE SESSION, WORK SESSION, APRIL 7, 1987 _ ) Councilman Burgess MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M. , AND A WORK SESSION AT 7:00 P.M. , ON APRIL 6, 1987, IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M. , ON APRIL 7, 1987, IN THE CITY COUNCIL CHAMBERS. Councilwoman Gardner seconded the motion. VOTE: Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Taylor announced that Director of Public Works Rich Broman has been elected as President of the Arizona Chapter of the Public Works Association. Councilwoman Gardner announced that City Manager Bill Da Vee has been elected President of the Arizona City Manager' s Association. Councilman Eidson added that Director of Public Safety Bill McDaniel is also President of the Chief of Police Association for Arizona. REQUESTS OF COUNCIL None. ADJOURNMENT _ ) Councilman Baljo MOVED THAT THE MEETING BE ADJOURNED AT 9:25 P.M. Councilwoman Gardner 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 Special Meeting of February 17, 1987 REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 8 *3. Acceptance of Minutes from Regular Meeting of February 17, 1987 *4. Proposed Resolution No. 87-15, Approval of Intergovernmental Agreement to Accept "Library Services and Construction Act" funds, with the State of Arizona Department of Library, Archives and Public Records. ACCEPTED THIS 7TH DAY OF APRIL _ , 1987, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. r7tl�ax►e- NORMAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 1987 PAGE 9