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HomeMy WebLinkAbout1979-12-05 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING DECEMBER 5, 1979 A Regular Meeting of the City Council of Apache Junction was held on the 5th day of December, 1979 at the Apache Junction City Hall, pursuant to the notice as required by law. CALL TO ORDER Mayor Virginia Seeman called the meeting to order at 7:05 p.m. at the Apache Junction City Hall. PLEDGE OF ALLEGIANCE Councilman Hill led the Pledge of Allegiance. INVOCATION Councilman Shanks gave the Invocation. ROLL CALL Councilmembers Present:Mayor Virginia Seeman, Vice -Mayor John Granillo, Thomas Damian°, Jerry Burgess, Norman Hill, Jimmy Eidson, Marie Shanks Councilmembers Absent :None Others Present :Albert Bilotti, Apache Jct. Lions Club Representative LeRoy Moser, 2630 Lombardy Rd. ,San Marino, CA Dennis Brundage, 715 N. Gold Dr., Apache Junction Robert Fowler, 2731 W. 1st Pl, Mesa Marvin J. Halbert, Cortez & Broadway, Apache Junction George Baljo, 1070 E. Navajo, Apache Junction Sam Gardom, 1344 S. Royal Palm Rd., Apache Junction ACCEPTANCE OF THE AGENDA )Councilman Shanks MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS PRESENTED. the motion. VOTE:Unanimous Motion carried. Councilman Hill seconded Regular Meeting -Dec. 5, 1979 Page 2 ACCEPTANCE OF THE MINUTES OF SPECIAL MEETING OF NOVEMBER 13, 1979 )Vice -Mayor John Granillo MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 13, 1979, BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Yes - Thomas Damiano, Norman Hill, Marie Shanks, Vice -Mayor John Granillo Abstain - Jerry Burgess, Jimmy Eidson, Mayor Virginia Seeman Motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF NOVEMBER 21, 1979 )Councilman Damiano MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 21, 1979 BE ACCEPTED AS PRESENTED. Councilman Burgess seconded the motion. VOTE:Yes - Jerry Burgess, Thomas Damiano, Jimmy Eidson, Norman Hill, Vice -Mayor John Granillo, Mayor Virginia Seeman Abstain - Marie Shanks Motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS )Mr. Albert Bilotti, representing the Apache Junction Lions Club, thanked the City Council for passing a Resolution making the Lions Club commemorative coin official and presented the City of Apache Junction a silver commemorative coin which celebrates the incorporation of Apache Junction. CALL TO THE PUBLIC (PETITIONS) (NONE) CITY MANAGER'S REPORT )City Manager Lee reported that the City's formal audit report for this past fiscal year arrived too late to include on this agenda, however, it will appear on the next agenda. Regular Meeting -Dec. 5, 1979 Page 3 PUBLIC HEARINGS Mayor Seeman announced the procedures of the Public Hearings. REQUESTED STREET ABANDONMENT-WINDSONG STREET )Mayor Seeman opened the Public Hearing for the requested abandonment of West Windsong Street, between North Delaware Drive and North Desert View Drive. Planning Director Gero briefed the City Council and the Public on this petition, reporting that the applicant, LeRoy Moser, owns property from Lost Dutchman to Foothill Street and from Delaware Dr. to Desert View Dr.; the area of Windsong Street, for which he has requested the abandonment of, is in the center of his property. Planning Director Gero showed aerial slides of Apache Junction showing further details in regard to the property mentioned above. The applicant, Mr. LeRoy Moser spoke in regard to his request for abandonment, outlining his reasons for wanting this abandonment. It is his wish to build an interval park and his -property is divided in half by WindsoniStreet.As a result of this, there are several problems with the safety factor, security factor, and access by residents to laundry facilities in the clubhouse, as well as with the asthetics of the mobile home park which he proposes to build on his land. Mayor Seeman asked if there was anyone in the audience who wished to speak in favor of this petition. No response. Mayor Seeman asked if there was anyone in the audience who wished to speak in opposition of this petition. No response. Planning Director Gero referred the Council to Resolution 79-44, A Resolution of the City of Apache Junction, Arizona Approving the Abandonment of Certain Right -of -Way on West Windsong Street Between North Delaware Drive and North Desert View Drive; and Declaring an Emergency, which is a -Resolution that would create the possiblity of the abandonment of the right-of-way which has been requested, and recommended approval of the abandonment contingent upon the passage of Ordinance No. 16, Street Abandonment Procedure which is Item #8 on this evening's agenda. Mayor Seeman asked if there was any rebuttal. No response. Mayor Seeman closed the Public Hearing. Councilman Eidson MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO. 79-44, A RESOLUTION OF THE CITY OF APACHE JUNCTION, ARIZONA APPROVING THE ABANDONMENT OF CERTAIN RIGHT-OF-WAY ON WEST WINDSONG STREET BETWEEN NORTH DELAWARE DRIVE AND NORTH DESERT VIEW DRIVE; AND DECLARING AN EMERGENCY, BE AND HEREBY IS CONDITIONALLY APPROVED SUBJECT TO THE PASSAGE OF ORDINANCE NO. 16. Regular Meeting -Dec. 5, 1979 Page 4 seconded the motion. VOTE:Unanimous Motion carried with the Emergency Clause. PZ-8-79, BRUNDAGE Public Hearing for Zoning Case PZ-8-79. Councilman Hill )Mayor Seeman opened the Planning Director Gero exhibited a sketch of the requested rezoning and explained it in detail, reporting that the Planning Commission, after the public hearing and after reviewing the testimony, recommended to the Council that this petition from Mr. Brundage be denied. The petitioner, Mr. Dennis Brundage, 715 N. Gold Dr., spoke in regard to his petition, stating that he is requesting approval so that he can put in an R.V. storage lot. Mayor Seeman asked if there was anyone in the audience who wished to speak in favor of this petition.No response. Mayor Seeman asked if there was anyone in the audience who wished to speak in opposition.No response. Planning Director Gero recommended that the petition be denied. His reasons are as follows. 1. The requested rezoning would be spot zoning.Such rezonings are frequently reversed on the basis they violate community development plans. 2. The granting of a new zoning classification is a granting of potentially any or all of the uses within that zoning district.Certain of the uses in a CB -2, in this case, may or would be incompatible with the surrounding established residential development. 3. The fact that there are pre-existing, non -conforming uses may be generally irrelevant unless they indicate a trend. In this case they do not and, therefore, do not establish precedent. 4. The property does not have frontage upon a street that is a major thoroughfare or has through traffic. 5. There is no overbearing reason to violate the residential development which would be precedent setting. Mayor Seeman asked there was any rebuttal. No response. Mayor Seeman closed Public Hearing. Mayor Seeman asked if Mayor Seeman closed the Regular Meeting -Dec. 5, 1979 Page 5 Councilman Damiano MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION OF DENNIS W. BRUNDAGE, ZONING CASE PZ-8-79, A PETITION TO REZONE LOTS 12, A & B, BLOCK 3, APACHE ADDITION ACRES FROM GENERAL RURAL (GR) TO GENERAL BUSINESS 2 (CB2) ON NORTH GOLD DRIVE JUST SOUTH OF SUPERSTITION BOULEVARD BE AND HEREBY IS DENIED FOR THE REASONS AS STATED BY THE DIRECTOR OF PLANNING IN HIS MEMORANDUM TO THE CITY COUNCIL DATED NOVEMBER 29, 1979. seconded the motion. VOTE:Unanimous Motion carried. PZ-9-79, CITY INITIATIVE ORDINANCE NO. 14 (FIRST READING) Public Hearing for Zoning Case PZ-9-79. Vice -Mayor Granillo )Mayor Seeman opened the Planning Director Gero reported that PZ-9-79, City Initiative Ordinance No. 14, was initiated by the City and is a text amendment to the Zoning Ordinance.The purpose of the rezoning case would be to correct some errors in the original typing of the Zoning Ordinance when it was passed initially by the City Council and to clarify several places within the text. Planning Director Gero further reported that the Planning and Zoning Commission met on November 13, 1979 and held a Public Hearing on this matter; they have recommended to the City Pmincil that Ordinance No. 14 be passed.After expounding further on the recommended amendments, Planning Director Gero recommended that Ordinance No. 14 be passed. Mayor Seeman asked if there was anyone in the audience who wished to speak in favor of this petition. No response. Mayor Seeman asked if there was anyone in the audience who wished to speak in opposition.No response. Mayor Seeman Closed the Public Hearing on Zoning Case PZ-9-79. Councilman Shanks MOVED BE IT RESOLVED THAT ORDINANCE NO. 14 BE AMENDED AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION WITH REGARD TO SECTION 2329 SWIMMING POOLS (PAGE 3) AND SECTION 2709 VALIDITY OF PERMIT, PAGE 5, LINE 5, BY CHANGING THE WORD "INSPECTOR" TO "OFFICIAL," FURTHER THAT ON PAGE 4 UNDER SECTION 2705 FEES IN SUBSECTION (10) THE FEES OF "$20, PLUS $2 PER SPACE OVER 25 SPACES" BE INSERTED; AND IN SUBSECTION (11) THE FEE OF $20 PLUS $1 PER SPACE OVER 25 SPACES" BE INSERTED.FURTHER, THAT ORDINANCE NO. 14, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CERTAIN SECTIONS OF THE APACHE JUNCTION ZONING ORDINANCE, SPECIFICALLY AMENDING Regular Meeting -Dec. 5, 1979 Page 6 SECTION 460, SECTION 475, SECTION 502, SECTION 2001, SECTION 2302, SECTION 2308-1, SECTION 2403 (1), SECTION 2704, SECTION 2705, SECTION 2709, SECTION 2710, SECTION 2711, SECTION 2714, SECTION 2803, SECTION 2804, SECTION 2807, SECTION 2710, AND ADDING SECTION 2308 AND SECTION 2329 AND DECLARING AN EMERGENCY, AS AMENDED BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried with the Emergency Clause. UNFINISHED BUSINESS (TABLED ITEMS) PROPOSED ORDINANCE NO. 12, REGARDING CITY ADMINISTRATION ) Vice -Mayor Granillo MOVED THAT ITEM NO. 7, PROPOSED ORDINANCE NO. 12, REGARDING CITY ADMINISTRATION, BE REMOVED FROM THE TABLE. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. Councilman Burgess MOVED THAT THE READING OF THE TITLE OF ORDINANCE NO. 12, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, RELATING TO ADMINISTRATION, REPEALING CHAPTER THREE OF THE APACHE JUNCTION CITY CODE AND ADDING SECTIONS 3-1-1 THROUGH 3-11-1, BE AND HEREBY IS APPROVED AS THE FIRST READING. , Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman requested that, with the consent of the City Council, she would like to instruct staff to prepare for consideration at next week's meeting a Resolution implementing the City Manager's compensation in accordance with the budget. NEW BUSINESS RESOLUTION NO. 79-47, SUPPORT OF TRANSIT SERVICE FOR APACHE JUNCTION )Planning Director Gero reported that he had met with Mr. Fowler with regard to the possibility of a transit service in the Apache Junction area and that Mr. Fowler is proposing that the service would cover Mesa, Gilbert, the GM Proving Grounds and Apache Junction.There would be a need of approximately $150,000.00 to initiate the service and Mr. Fowler plans to seek funding from the Urban Mass Transit Authority of a permanent loan to assist in the purchase of the operating equipment.Mr. Gero indicated that the Council may wish to find out more about Regular Meeting -Dec. 5, 1979 Page 7 that equipment.The proposed service would be from approximately 5:20 a.m. to approximately 7:20 p.m. on a two-hour cycle, with 33-37 passenger buses. Mr. Robert Fowler, 2731 W. 1st Place, Mesa, is with Mesa Metro Transit Service. The Council asked Mr. Fowler questions in regard to more detailed information regarding the transit service, i.e, fares, bus routes, etc. Mr. Fowler reported that Williams Air Force Base and Mesa Community College will be immediate additions to their route also. Later, as is needed, they hope to expand into other areas. Councilman Damiano MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION 79-47, A RESOLUTION OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT THE CITY OF APACHE JUNCTION ENDORSES THE POSSIBILITY OF A TRANSIT SYSTEM BEING PROVIDED WITHIN APACHE JUNCTION WITH SERVICE TO ADJACENT COMMUNITIES; AND ENDORSES ANY APPLICATION OF THE METROPOLITAN TRANSIT SYSTEMS, INC. TO THE URBAN MASS TRANSIT AUTHORITY FOR FUNDING OF SUCH A TRANSIT SYSTEM; AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried with the emergency clause. STREET ABANDONMENT PROCEDURE ORDINANCE NO. 16 (SECOND READING) )Vice -Mayor Granillo MOVED THAT THE ENTIRE READING OF ORDINANCE NO. 16 BE WAIVED AND THAT THE READING OF THE TITLE BE ACCEPTED AS THE SECOND READING. Councilman Burgess seconded the motion. VOTE: Unanimous Motion carried. Councilman Burgess MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THE APPROVAL OF ORDINANCE NO. 16, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CODE OF THE CITY OF APACHE JUNCTION BY ADDING "CHAPTER 13 PUBLIC WORKS" AND MORE PARTICULARLY ADDING ARTICLE 13-2-2 ENTITLED "DEFINITIONS" AND ARTICLE 13-2-4 ENTITLED "STREET ABANDONMENT"; ESTABLISH BY INSERTING IN SUB -SECTION 8, SECTION 13-2-4 AN APPLICATION FEE OF $250.00 AND DECLARING AN EMERGENCY. Regular Meeting -Dec. 5, 1979 Page 8 Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried with the Emergency Claus. HALBERT ANNEXATION )Planning Director Gero reported that Mr. Marvin Halbert and the people who are the owners of Gold Dust, Inc., a mobile home resort, have submitted to the City a petition representing 100% of the property owners and 100% of the real and personal property and they are requesting to be annexed into the City.Mr. Gero gave a descriptive report with the aid of a sketch map and slides of the proposed property. Mr. Marvin J. Halbert, Cortez and Broadway, Apache Junction spoke in favor of his petition, stating that he has been a resident of Apache Junciton for 10 years and is interested in the growth and development of Apache Junction. George Baljo, 1070 E. Navajo, reported that he felt that the annexation is an exercise in progress that the City should consider. He further reported that we need to provide less of a tax burden to our home and business owners by annexing more area to the west. Sam Gardom, 1344 S. Royal Palm Rd. stated that fire service could not be committed to the area in question without Board approval and under their charter, they are not permitted to go out of the township that they service.It is possible to expand their service area, but the question remains as to whether they have the capability of servicing more area. Planning Director Gero reported that upon request the Apache Junction Volunteer Fire Department would respond and that Rural Metro would service the area and, therefore, the area would be receiving protection. Mr. Gardom repeated that the matter would have to go before the Board and as of yet they have heard nothing about this. Regular Meeting -Dec. 5, 1979 Page 9 Councilman Burgess MOVED BE IT RESOLVED THAT THE APPROVAL OF ORDINANCE NO. 17, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION INTO MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY PREVIOUSLY UNINCORPORATED AND CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION, ARIZONA, BE CONTINGENT UPON THE FILING OF A STATEMENT BY THE CITY MANAGER WITHIN 60 DAYS OF SATISFACTION OF APPLICATION REQUIREMENTS. Councilman Damiano seconded the motion. Vice -Mayor Granillo reported that he feels that at this point in time, the City of Apache Junction had better learn to crawl before they start walking or running.It is his feeling that the citizens of the proposed annexation area need more services than the City can give them at this time and that when the City of Apache Junction Police Department is better developed, we will be more prepared for this annexation. Chief McDaniel reported that when the proposed area becomes part of the City of Apache Junction they , Rtall receive services from the Pinal -County Sheriff's Department. - VOTE:Yes - Thomas Damiano, Jerry Burgess, Jimmy Eidson, Marie Shanks, Mayor Virginia Seeman No - Norman Hill, Vice -Mayor John Granillo Motion carried. ISSUANCE OF BUILDING PERMITS WITH REGARD TO CERTAIN EASEMENT PROCEDURES (INFORMATION ONLY)) ) Planning Director Gero reported that the memorandum presented in regard to this Item was presented for information only and he did not feel that any additional comment was needed at this time. RESOLUTION NO. 79-48, FEDERAL FLOOD INSURANCE PROGRAM ) Planning Director Gero reported that on November 27th, the Western Region Administrator, Mr. Peterson, was in our City to talk about the Federal Flood Insurance Program and he discussed the City's obligation,and went over the Resolution that the Council had passed and pointed out that there was one clause that was missing, that is the fact that we would link any review of any proposed subdivision or building permits to checking an official map that is being presented to the City of Apache Junction and he has, therefore, requested that the City Council amend the original resolution to include that specific language. Regular Meeting -Dec. 5, 1979 Page 10 Councilman Burgess MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO. 79-48, A RESOLUTION OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE DEVELOPMENT AND IMPLEMENTATION OF FLOOD PLAIN MANAGEMENT MEASURES IN CONJUNCTION WITH THE FEDERAL INSURANCE ADMINISTRATION AND OTHER FEDERAL, STATE, AND LOCAL AGENCIES, REPEALING RESOLUTION 79-41, BE AND HEREBY IS ADOPTED, AND DECLARING AN EMERGENCY. Councilman Damiano seconded the motion. VOTE:Yes - Norman Hill, Vice -Mayor John Granillo, Mayor Virginia Seeman, Jerry Burgess, Thomas Damiano, Jimmy Eidson Abstain - Marie Shanks Motion carried with Emergency Clause. REQUEST FOR EXECUTIVE SESSION )Councilman Damiano MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT AN EXECUTIVE SESSION REGARDING PERSONNEL BE HELD ON DECEMBER 19, 1979 AT 6:00 P.M. Vice -Mayor Granillo seconded the motion. VOTE: Unanimous Motion carried. CLAIMS )Vice -Mayor Granillo MOVED BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE UNPAID BILLS IN THE AMOUNT OF $5,718.60 BE AND HEREBY APPROVED FOR PAYMENT. seconded the motion. ADJOURNMENT MOVED TO ADJOURN. seconded the motion. VOTE:Unanimous Motion carried. Councilman Hill )Vice -Mayor Granillo Councilman Shanks Regular Meeting -Dec. 5, 1979 Page 11 Meeting was adjourned at p.m. Approved this day of , 1979. ATTEST: VIRGIrA SEEMAN Mayor ISABEL C. BALLARD, CMC City Clerk