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HomeMy WebLinkAbout1989-06-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 6,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 6,1989,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:00 p.m. Mayor Bluntschly announced with regret the death of Ron Kell,the Publisher of the Apache Junction Independent,and asked for a moment of silence in his memory. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Councilman Connolly Councilman Cox Councilman Burgess Councilwoman Gardner Councilman Vehon Vice Mayor Damiano Mayor Bluntschly Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Assistant to the City Manager George Hoffman Deputy City Clerk Lori Zmayefski Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Assistant Planner Julie Reid Associate Planner/Deputy Director Jim Nakagawa REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 1 Others Present:Ms Penny Secor 5527 E.Linda Vista Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1 -7 BE ACCEPTED AS PRESENTED; AND THAT THE RESIGNATION OF JIMMY EIDSON FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY BE ACCEPTED WITH REGRET;AND THAT JANICE KERWIN BE APPOINTED TO THE UNEXPIRED TERM TO END ON MARCH 18,1993,AND THAT DALE BANCROFT BE APPOINTED TO THE UNEXPIRED TERM TO END ON MARCH 18,1991,AND THAT MAURICE METZGER AND BEVAN WALTON BE REAPPOINTED TO THE SIX YEAR TERMS TO EXPIRE ON MARCH 18,1995; AND THAT THE BID FOR UMPIRING SERVICES SUBMITTED BY ARIZONA METRO UMPIRES BE REJECTED,AND AUTHORIZATION BE GIVEN TO REBID; AND THAT AUTHORIZATION BE GIVEN TO SOLICIT BIDS FOR LIBRARY SHELVING AND CARRELS; AND THAT THE RESIGNATION OF SHARYN ALGER FROM THE PLANNING AND ZONING COMMISSION,BE ACCEPTED WITH REGRET; AND THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER TO PURCHASE COMPUTER AND PRINTER UNDER STATE BID AND TO WAIVE CITY BID REQUIREMENTS; AND THAT THE FOLLOWING COUNCILMEMBERS BE RATIFIED AS CITY CHECK SIGNERS:VICE MAYOR TOM DAMIANO,COUNCILMAN ED COX,MAYOR KENNETH BLUNTSCHLY,AND THAT THE CITY TREASURER/CITY CLERK ALSO BE RATIFIED AS A CITY CHECK SIGNER. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the City Council meeting,and acknowledged Planning and Zoning Commissioners,members of the Chamber of Commerce,School Board members. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly presented plaques to Councilwoman Gardner,Councilman Connolly,and Councilman Burgess,the departing Councilmembers,for their dedication and efforts in community involvement. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 2 Acting City Manager/City Clerk Kathleen Connelly gave Oaths of Office to the newly elected Councilmembers,Sharyn Alger,Robin Barker,and Jimmy Eidson. The newly elected Councilmembers took their seats with the City Council. Mayor Bluntschly recessed the meeting. Mayor Bluntschly reconvened the meeting. CALL TO THE PUBLIC Mayor Bluntschly reminded the audience that due to the Open Meeting Law,the Council cannot respond to questions or requests at this time. None. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly welcomed the new Councilmembers aboard,and informed them that staff is here to help with any questions they might have.Ms Connelly stated that on June 12th at 6:30 p.m., there will be a Council Work Session to discuss the Wastewater Facilities Plan with the Consultant present to give a report and obtain input from the Council and public,and that the second floor remodeling of the Operations Building has been completed,and as the City staff acted as General Contractor there was a total cost of $17,193.36,with a savings to the City of $11,044.64 based upon the lowest bid received.Ms Connelly added that five of the contractors used were local,therefore returning the tax dollars to the community.Ms Connelly further reported that during the week of May 22nd through 26th,the City held the bi-annual cleanup week during which 1,883 cubic yards of trash,brush,tree clippings,tires,and etc.,were picked by City crews.Ms Connelly stated that these eight days of cleanup required 507 hours of labor,398 equipment hours, and 560 gallons of fuel,and was provided at no cost to the residents,and added that the Public Works crews deserve appreciation for this effort. Vice Mayor Damiano asked what Pinal County charged for this. Ms Connelly replied that landfill charges were $2,953.00,and that in the past the City was not charged,but this year Pinal County would not waive the fees. Vice Mayor Damiano announced that Ms Jean Perkins was unable to attend the meeting,but wished her regards given to the City Council. ACCEPTANCE OF REGULAR MEETING AGENDA )Councilman Cox MOVED THAT THE REGULAR MEETING AGENDA BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 3 Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PUBLIC HEARINGS COMMUNITY DEVELOPMENT AND HOUSING NEEDS, 1989 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM )Assistant Planner Julie Reid explained that the Community Development Block Grant Program is administered by individual states,Arizona's being administered by the Arizona Department of Commerce.Ms Reid further explained that this Program is to benefit persons with low to moderate income,aiding in the prevention and elimination of slum and blight,and meeting an urgent need,with the final objective not being met frequently through this State's program as i t has some very tight restrictions. Ms Reid stated that the purpose of this hearing is to obtain the views of the City of Apache Junction on community development and housing needs,and that there are two proposals for funding,one of which is the acquisition of a structure suitable for the emergency housing of victims of domestic violence,and the other is a project for solving some of the flooding and flood zone problems in the City. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to address the Council. There being no one wishing to speak,Mayor Bluntschly closed the public hearing. Vice Mayor Damiano MOVED THAT THE PROJECT CHOSEN FOR THE GRANT PROGRAM IS THE SHELTER FOR ABUSED FAMILIES,NOT TO EXCEED $110,000.00. Councilman Cox seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Alger, Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Vehon Abstained:Councilwoman Barker (due to possible conflict of interest) The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 4 RECONSIDERATION OF ORDINANCE NO.673, PZ-3-89,INDUSTRIAL USES IN THE CB -2 ZONE) )Mayor Bluntschly explained that this item is to decide whether or not to reconsider Ordinance No.673. Councilman Vehon asked the City Attorney i f his opinion that the previous motion may or may not be enforceable, and that i t is recommended that the Ordinance be reconsidered. City Attorney David Alexander stated that the difficulty is that due to the need for special use permits,and this issue needs to be addressed,so i t should be reconsidered,but Ordinance No.673 is enforceable. Councilman Eidson asked i f i t is still the Attorney's opinion that i t wouldn't be appropriate for him to make the motion. Mr.Alexander explained that somebody from the prevailing side has to make the motion,and Councilman Eidson was not on the Council at the time of the motion. Councilman Cox MOVED THAT ORDINANCE NO.673 BE RECONSIDERED; AND THAT THE RECONSIDERATION OF ORDINANCE NO.673 BE ON THE AGENDA FOR THE REGULAR MEETING OF JUNE 20,1989,AS A PUBLIC HEARING. Vice Mayor Damiano seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Barker, Councilwoman Alger,Vice Mayor Damiano Opposed:Councilman Vehon,Mayor Bluntschly The motion carried. PROPOSED ORDINANCE NO.675, PZ-1-89,VIDER )Mayor Bluntschly stated that this is an application for rezoning submitted by Patrick and Judith Vider for a 23,033 square foot parcel,located approximately 200 feet east of Meridian Road on the south side of Shiprock Street,from GR General Rural to CR-2(MH). Assistant Planner Bob Dunn briefed the Council on the request for rezoning,stating that the applicants are represented by Penny Secor,and further that the Planning and Zoning Commission and staff recommend approval of the application with stipulations. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 5 Councilman Vehon asked i f staff has a quit claim for the 33 feet already? Mr.Dunn confirmed that yes,staff does have a quite claim for the 33 feet as well as for the south 5 feet,but should the zoning be denied,those will not be recorded. Councilman Vehon stated that as suggested by the City Attorney,the Viders quit claim deed the north 33 feet for any interest that they might have in it. Mr.Dunn replied that this has not been done,but as the applicants have been very cooperative,that should not be a problem. Ms Penny Secor,5527 E.Linda Vista, Apache Junction,representing the applicants,asked i f there were any questions? home the Viders intend to replace. Councilman Vehon asked which mobile Ms Secor answered that the mobile home on the east side will be replaced with a new one. Mayor Bluntschly 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 Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.675 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.675,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-1-89,FROM GR GENERAL RURAL TO CR-2(MH)SINGLE FAMILY RESIDENCE/MANUFACTURED HOMES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 6 Councilman Eidson MOVED THAT ORDINANCE NO.675,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT THE CITY ACQUIRE A QUIT CLAIM DEED FROM THE VIDERS FOR THE 33 FEET IN QUESTION. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.676, PZ-2-89,SCHAEFFER AND JACOBS )Mayor Bluntschly explained that this is an application submitted by Dale Jacobs and Beverly Schaeffer to rezone a 33,115 square foot parcel,located at 2177 West Shiprock Street which is approximately 650 feet east of Delaware on the south side of Shiprock,from GR General Rural to CR-2(MH)Single Family Residence,and called on the Director of Planning. Assistant to the City Manager George Hoffman,Acting Director of Planning,called on Assistant Planner Bob Dunn. Mr.Dunn briefed the Council on the rezoning request,explaining that the subject site has in the past been occupied by two mobile homes and when one of those was removed,grandfather rights to that nonconforming use was removed,and this application is to allow the property owners to legally split the land into two parcels,and further stated that the Planning and Zoning Commission and staff recommend approval of the request with the stipulation that the applicants dedicate the north 33 feet of the site for roadway and associated purposes. Mayor Bluntschly 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 Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.676 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 7 ORDINANCE NO.676,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-2-89,FROM GR GENERAL RURAL TO CR-2(MH)SINGLE FAMILY RESIDENCE/MANUFACTURED HOMES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.676,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS NONE. NEW BUSINESS AUTHORIZATION TO COORDINATE WITH PINAL COUNTY,SOILS CONSERVATION SERVICES AND OTHERS ON WEEKES WASH FLOOD RETARDING STRUCTURE )Director of Public Works Rich Broman addressed the Council,stating that meetings have been conducted with staff, City Attorney,Pinal County Attorney,County Board of Supervisors,in order to discuss the status and future of Weekes Wash Flood Retarding Structure. Mr.Broman stated that there is an old agreement where Pinal County agrees to be the sponsor of the project,but that Pinal County currently has nothing in their budget or plans to proceed with this project,and that Pinal County has asked the City i f they will participate.Mr.Broman requested that the Council provide direction on how to proceed,recommending alternative nos.2 and 5. Mayor Bluntschly asked which alternative is the most appropriate? Mr.Broman stated that with the mining rights involved,any decision is going to be difficult,but that option 5 has the most potential. Vice Mayor Damiano asked i f there is any idea of how many mining claims have been brought up after Pinal County was supposed to start the project. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 8 Mr.Broman replied that he doesn't know. Vice Mayor Damiano pointed out that this project was supposed to be done prior to the City's incorporation. Councilman Vehon MOVED THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER,CITY ATTORNEY AND DIRECTOR OF PUBLIC WORKS TO CONTINUE TO COORDINATE WITH PINAL COUNTY,SOILS CONSERVATION SERVICE,OTHER SPONSORS AND AGENCY'S OFFICERS AND DEPARTMENTS TO BRING THE WEEKES WASH FLOOD RETARDING PROJECT TO FRUITION; AND THAT THE PINAL COUNTY BOARD OF SUPERVISORS,AS SPONSORS OF THE PROJECT ACCORDING TO THE 1976 BUCKHORN-MESA SUPPLEMENTAL WATERSHEL AGREEMENT AND WORKPLAN,BE REQUESTED TO AUTHORIZE THE PINAL COUNTY ATTORNEY,COUNTY ENGINEER AND OTHER APPROPRIATE STAFF TO COORDINATE WITH THE CITY'S STAFF TO FURTHER THE DESIGN AND CONSTRUCTION FOR WEEKES WASH FLOOD RETARDING STRUCTURE; AND THAT THE PROJECT SPONSOR (PINAL COUNTY)FORMALLY REQUEST THE SOILS CONSERVATION SERVICE TO FURTHER STUDY ALTERNATIVES NO.2 AND NO.5 AS DEVELOPED BY THAT OFFICE IN ORDER TO PROVIDE THE SPONSORS AND THE CITY OF APACHE JUNCTION WITH UPDATED COSTS AND OTHER INFORMATION FOR FURTHER CONSIDERATION IN FURTHERING THE PROJECT. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. REQUEST TO AMEND CURRENT CITY CONSULTANT SELECTION LIST )Mr.Broman requested that that the previously approved list of City consultants be amended to delete A.R.E.A.and Capital Improvements Associates,Inc.from the list. Councilman Vehon MOVED THAT THE CURRENT CITY CONSULTANT SELECTION LIST BE AMENDED AS FOLLOWS: TO DELETE A.R.E.A.SERVICES,INC.,AND CAPITAL IMPROVEMENTS ASSOCIATES,INC. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 9 PROPOSED RESOLUTION NO.89-19,URGING PINAL COUNTY TO PAVE BROADWAY ROAD BETWEEN GOLDFIELD AND MOUNTAIN VIEW ) )Acting City Manager/City Clerk Kathleen Connelly stated that this resolution proposes supporting the Apache Junction School District and the citizens who would like the Pinal County Board of Supervisors to proceed with the paving of Broadway Road from Goldfield to Mountain View,and that the resolution was read into the record at the Board of Supervisors meeting yesterday,with support from the County Attorney that Apache Junction is prohibited by State Law from participating in the paving of the road. Mr.Broman stated that Pinal County has made application to the State and BLM for the necessary right-of-way,and as i t is State Trust property they are required to sell the property at fair market value,but there is indication that the State may be able -to give that property to the County and a letter is being drafted to allow for the continuation of the project,and that the City has asked for a copy of that letter. Councilman Eidson asked i f the School Board is putting pressure on the County to proceed with the paving. Ms Connelly replied that Dr.Wright, as well as Mrs.Brackley were at the meeting yesterday. Councilman Eidson MOVED THAT RESOLUTION NO.89-19,URGING PINAL COUNTY TO PAVE BROADWAY ROAD BETWEEN GOLDFIELD ROAD AND MOUNTAIN VIEW ROAD,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. City Attorney David Alexander stated that there are new procedures for nominating in Robert's Rules,to include that where there is more than one nominee for a given office,that as soon as one of the nominees receives a majority vote,the chair declares him elected and no votes are taken on the remaining nominees for that office. COUNCIL ELECTION OF VICE MAYOR )Councilman Cox MOVED THAT NOMINATIONS BE OPENED FOR THE OFFICE OF VICE MAYOR. Vice Mayor Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 10 VOTE:Unanimous The motion carried. Mayor Bluntschly called for nominations. Councilwoman Alger nominated present Vice Mayor Damiano to remain in the position. Councilman Eidson asked for a motion to close nominations. City Attorney David Alexander reminded Mayor Bluntschly that i t is necessary to call for nominations three times prior to closing nominations. Mayor Bluntschly called for nominations. Mayor Bluntschly called again for nominations. Councilman Vehon nominated Councilman Eidson for the office of Vice Mayor Damiano. nominations three more times. NOMINATIONS BE CLOSED. motion. VOTE:Unanimous The motion carried. Mayor Bluntschly called for Councilman Cox MOVED THAT Councilwoman Alger seconded the VOTE (On Vice Mayor Damiano):In Favor:Councilman Cox,Councilman Eidson, Councilwoman Barker,Councilwoman Alger Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Vehon The motion carried. Vice Mayor Damiano thanked his fellow councilmembers for their confidence and assured the public that he would serve as he had in the past 10 years. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 11 COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: None. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION, JUNE 19,1989 EXECUTIVE SESSION, JUNE 20,1989 EXECUTIVE SESSION, WORK SESSION,JUNE EXECUTIVE SESSION, JUNE 15,1989 PUBLIC FORUM,JUNE WORK SESSION, WORK SESSION, JUNE 8,1989 12,1989 WORK SESSION, 22,1989 )Councilman Eidson MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JUNE 19,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON JUNE 20, 1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD ON JUNE 8,1989,AT 6:00 P.M.,IN THE COUNCIL CONFERENCE ROOM; AND THAT A WORK SESSION BE HELD ON JUNE 12,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD ON JUNE 15,1989,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS AND COUNCIL CONFERENCE ROOM; AND THAT A CITY COUNCIL PUBLIC FORUM BE HELD ON JUNE 22,1989,AT 6:30 P.M.,AT THE CHAMBER OF COMMERCE CONFERENCE ROOM. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 8:23 p.m. REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 12 *Consent Agenda Items are as follows: *1.Acceptance of the Regular Meeting of May 2,1989 *2.Acceptance of Resignation from and Appointments to the Industrial Development Authority *3.Award of Bid for Umpiring Services *4.Request to Solicit Bids for Library Shelving and Carrels *5.Acceptance of Resignation from the Planning and Zoning Commission *6.Authorization to Purchase Computer and Printer under State Bid and to Waive City Bid Requirements *7.Ratification of Check Signers for the City APPROVED AND ADOPTED THIS 18TH DAY OF JULY ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 24TH DAY OF JULY Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 6,1989 PAGE 13 TH BLUNTSCHLY ,1989.