Loading...
HomeMy WebLinkAbout1988-12-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 20,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 20,1988,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:06 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Burgess led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Burgess Councilman Connolly Councilwoman Perkins Councilwoman Gardner Councilman Damiano Vice Mayor Bluntschly Mayor Hill City Manager Bill Da Vee City Clerk Kathleen Connelly City Attorney David Alexander Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Assistant to the City Manager George Hoffman Economic Development Specialist John Schoeph Mr.Clifford Healy Superstition Mountain R.V.Resort 200 E.Southern Avenue Apache Junction,Arizona Ms Betty Jarvis Manager REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 1 Superstition Mountain R.V.Resort 200 E.Southern Avenue Apache Junction,Arizona Mr.Jim Lyons,Manager Apache Junction Mobile Home Park 800 W.Apache Trail Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1 -6 BE ACCEPTED AS PRESENTED,EXCEPT THAT THE TITLE IN ITEM NO.4,RESOLUTION NO.88-36 READ "DIRECTOR OF PUBLIC WORKS"; AND THAT OFFICER DAN SCHULTZ BE APPOINTED TO THE PUBLIC SAFETY RETIREMENT BOARD AS POLICE DEPARTMENT REPRESENTATIVE; AND THAT RESOLUTION NO.88-36,DECLARING DIRECTOR OF PUBLIC WORK BE DESIGNATED THE AUTHORIZED AGENT FOR THE APACHE JUNCTION FACILITY PLANNING AREA FOR PURPOSE OF FILING APPLICATION FOR AN ADVANCE ALLOWANCE GRANT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR IDENTIFYING POTENTIAL POLLUTION PROBLEMS AND RECOMMENDED SOLUTION,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.88-37,COMMITTING THE CITY TO THE SUBMITTAL OF AN ADDITIONAL CDBG APPLICATION FOR FY 1988 CDBG FUNDS TO THE GOVERNOR'S DISCRETIONARY FUND AND ATTESTING TO COMPLIANCE WITH OTHER REQUIREMENTS,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.88-38,DECLARING THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION SUPPORTS THE POSITION OF THE PETITIONS SIGNED BY THE RATE PAYERS AND PROPERTY OWNERS IN THE AMERICAN PUBLIC SERVICE COMPANY LICENSED SEWER FACILITY AREA,BE APPROVED AND ADOPTED. Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill thanked everyone for attending the meeting. CALL TO THE PUBLIC None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 2 CITY MANAGER'S REPORT City Manager Bill Da Vee reported that the Department of Environmental Quality has advised the City that they will complete the removal of hazardous waste from the Apache Mine site by January,and that this is due to the efforts on the part of the Council and many others.Mr.Da Vee reported that last week the City had an auction of surplus property and was attended by about 60 people, and that the sales resulted in $2,652.98 for the General Fund and thanked Controller Keith Lewis,Theryn Hansen,Lieutenant Reed Cox,Carlena Crick, Rhonda Wise,Jim Knopff,Jim Rodney,Roy Whitlow,and Eddie Cameron,for assistance in making the auction a success.Mr.Da Vee stated that last Thursday he met with about 60 employees'spouses regarding the Home Rule Option impact,that a program is being planned to provide information to the public on this issue,that a application is being made for a grant for sewage treatment, and further stated that one of the Resolutions which was adopted this evening is to apply for a grant with the City to provide matching funds,to provide housing for the handicapped homeless. PUBLIC HEARINGS APPLICATION FOR SMALL GAME BINGO LICENSE,SUPERSTITION MOUNTAIN R.V.) )Mayor Hill opened the hearing to the public. Mr.Clifford Healy,Superstition Mountain R.V.Resort,200 E.Southern,Apache Junction,introduced the Manager of the resort. Ms Betty Jarvis,Manager of Superstition Mountain R.V.Resort,explained that this license application is for the enjoyment of the residents only,and requested approval. Mayor Hill 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 Hill closed the hearing to the public. Councilwoman Perkins MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY MS RHEA JENSEN FOR SUEPRSTITION MOUNTAIN R.V.RESORT,BE RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Councilman Damiano seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 3 The motion carried. PROPOSED ORDINANCE NO.661,PZ-22-87, AMENDING ARTICLE 15 RESIDENTIAL DISTRICTS OF THE ZONING ORDINANCE,BY ESTABLISHING NEW MINIMUM LOT WIDTH REQUIREMENTS )Assistant to the City Manager/Acting Director of Planning George Hoffman explained that this Ordinance is proposing that minimun lot width requirement for CR-2 and CR-2(MH)districts be changed to 70'to 80'and that R1-8 and R1-8(MH),CR-3 and CR-3(MH)and TH districts would be changed from 60'to 80',except in subdivisions. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Burgess MOVED THAT ORDINANCE NO.661 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.661,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING ARTICLE 15 RESIDENTIAL DISTRICTS;ESTABLISHING NEW MINIMUM LOT WIDTH REQUIREMENTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED THAT ORDINANCE NO.661,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED AND THAT THIS CHANGE REQUIRING A MINIMUM LOT WIDTH OF 80 FEET BE APPLICABLE ONLY TO ZONING AMENDMENTS TO THE CR-2 AND THE CR-2(MH),R1-8 AND R1-8(MH),AND CR-3 AND CR-3(MH)AND TH ZONING CLASSIFICATIONS WHICH OCCUR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. Councilman Damiano seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 4 The motion carried. OLD BUSINESS None. NEW BUSINESS PC-PZ-15-88,REFERRAL FROM PINAL COUNTY FOR COMMENTS ON MINING CAMP RESTAURANT ) )Councilman Burgess MOVED THAT PINAL COUNTY ZONING CASE NO.PZ-15-88,A REQUEST FOR RECLASSIFICATION FROM GR TO CB -1 FOR MINING CAMP RESTAURANT EXPANSION,BE RECOMMENDED TO PINAL COUNTY FOR DENIAL. Councilwoman Gardner seconded the motion. Councilman Burgess stated that the Mining Camp Restaurant is a landmark in the City,but to give local business zoning is not best for that area. Councilman Damiano agreed that an expansion would bring a lot of taxes into the City and County,but the people who live there do not want that area any other than residential. VOTE:Unanimous The motion carried. LETTER OF INTENT BETWEEN THE CITY AND THE DEPARTMENT OF TRANSPORTATION FOR U.S. HIGHWAY 60 AND STATE ROUTE 88 TRANSFERS ) )Director of Public Works Rich Broman explained that at a previous work session,the District Engineer for the Arizona Department of Transportation addressed the Council in regards to the Letter of Intent,after which the Transportation Board met and made a recommendation to the Council to postpone the approval of the Letter,and requests a Special Meeting with the City Council to discuss future implications. Vice Mayor Bluntschly MOVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REJECT THE LETTER OF INTENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION,AS IT IS NOT IN THE BEST INTEREST OF THE CITY. Councilman Connolly seconded the motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 5 Councilman Connolly stated that to reject the letter may be a little harsh,and that possibly a future discussion would be a good idea. Vice Mayor Bluntschly added to the motion: THAT A SPECIAL MEETING BE HELD WITH THE CITY COUNCIL AND THE TRANSPORTATION BOARD ON DECEMBER 27,1988,AT 7:00 P.M. Councilman Connolly agreed to the addition to the motion. VOTE:Unanimous The motion carried. BUSINESS APPRECIATION AND PROGRESS AWARDS PROGRAM ) )Economic Development Specialist John Schoeph explained that the program for Business Appreciation and Progress Awards is composed of several elements:letters going out to all licensed businesses, plaques for as many as 10 noteworthy new construction,remodeling,or business property enhancement projects,ongoing recognition of new businessess and changes of ownership each month,with all at a cost not to exceed $1,000. Councilwoman Gardner MOVED THAT THE PROPOSED PROGRAM FOR BUSINESS APPRECIATION AND BUSINESS IMPROVEMENT AWARDS AS PRESENTED AT A COST NOT TO EXCEED $1,000 ANNUALLY BE APPROVED. Councilman Burgess seconded the motion. Vice Mayor Bluntschly amended the motion:AS PRESENTED FOR THE INITIAL INDUCTION OF THE PROGRAM,NOT TO EXCEED $1,000.Councilwoman Gardner agreed to add the amendment to the original motion. Councilman Damiano stated that the old established businesses who have improved landscaping and expanded should also be awarded. Vice Mayor Bluntschly agreed with Councilman Damiano,however,suggested that the program be started with other possibilities after i t has been established. Councilman Damiano suggested that this be added to the motion also. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 6 Vice Mayor Bluntschly added:THAT AS THE PROGRAM IS IMPLEMENTED THERE MAY BE CHANGES. Councilman Burgess asked i f all businesses aren't going to receive a letter of appreciation? Mr.Schoeph replied that this is true,all businesses will receive an appropriate letter of acknowledgement,but that to pick up other outstanding projects as the program gets off the ground certainly would be appropriate. Councilman Damiano reiterated that the Council may go back at a later date and add to the program. Councilwoman Perkins commented that hopefully the new businesses will maintain their buildings the way many of the older businesses have. Councilwoman Gardner stated that there has to be a starting point,and the intent is not to slight the older businesses. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: A.DIRECTION ON AGREEMENT FOR DRAINAGE CONDITIONS Director of Public Works Rich Broman explained that some time ago the City had an agreement with the Apache Junction Mobile Home Park to review drainage problems in that vicinity,and that there is an existing wash containing sedimentation,and the Park has requested that the City assist in removing the silt.Mr.Broman stated that after discussions with the City Manager and City Attorney,i t has been determined that this would not set a precedent and that the liability would be minimal. Mr.Jim Lions,Manager of Apache Junction Mobile Home Park,800 W.Apache Trail,Apache Junction,stated that the drainage ditch is almost completely full and the residue behind Dirtwater Springs is full,and that the estimate to clean this out is approximately $2,500 which the park owner will spend immediately,but will not allow this until the property behind Dirtwater Springs is cleaned,and requested that the City coordinate this problem. Councilman Burgess asked i f the owners of Dirtwater Springs have been approached about cleaning the ditch out. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 7 Mr.Lions stated that the property for the restaurant is leased,and that Mr.Broman has received written permission from the property owner to proceed. Mr.Broman explained the potential problem of flooding because of the existing silt having built up over a period of several years. Councilwoman Gardner explained that the City's dilemma is assisting with this clean up on private property and setting a precedent. Councilman Burgess commented that sooner or later this will become a health and safety hazard,and asked i f this isn't similar to a litter complaint. City Attorney David Alexander stated that this isn't the same thing as a litter complaint,but the Council could pass an ordinance that would require the property owners to keep the drainage ways open,or possibly maintenance of drainage ways,as i t could affect City roadways and become a health matter. Councilman Connolly stated that the City should not have to maintain this,and that staff should contact the property owners and request that they take care of this. Councilman Damiano asked about the agreement signed by Mr.Southard,the owner of the property at Dirtwater Springs. Mr.Broman stated that this is an easement allowing the City to go onto private property,but that there have not been any discussions of charging for the City doing the work. Councilwoman Perkins stated that this should not have been brought to the Council,but that the property owners should work this out,and that Mr.Southard should be contacted to clean up the drainage behind Dirtwater Springs. Mr.Broman stated that he would work with the City Attorney on contacting Mr.Southard. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE DIRECTOR OF PUBLIC WORKS,THROUGH THE CITY MANAGER,TO DENY THE REQUEST FOR THE REMOVAL OF SEDIMENTATION IN THE DRAINAGE -WAY LOCATED NORTH OF U.S.60 ON PRIVATE PROPERTY,AS DEPICTED ON ATTACHMENTS TO THE MEMORANDUM DATED DECEMBER 12,1988,AND FURTHER TO ESTABLISH A POLICY THAT WORK OF THIS NATURE BE PERFORMED ONLY WITHIN PUBLICLY DEDICATED RIGHTS -OF -WAY, ROADWAY EASEMENTS,FEDERALLY PATENTED EASEMENT AREAS OR PERPETUAL DRAINAGE EASEMENTS DEDICATED TO THE CITY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 8 \ Councilwoman Perkins seconded the motion. City Attorney David Alexander suggested that direction be given the Director of Public Works and City Attorney to draft an ordinance requiring property owners to keep drainage areas open on private property. Councilwoman Gardner added the City Attorney's comment to the motion. Councilwoman Perkins agreed to the addition. City Manager Bill Da Vee clarified that the motion is to establish a policy that the City will keep drainage ways open on dedicated rights -of -way etc.,and that property owners to clean drainage ways on their property,but how do we enforce that as the City cannot go on that property to clean,should the property owners fail to do so. City Attorney David Alexander stated that i f they fail to keep the drainage area open,than the City can go in and clean the drainage as a health hazard. Mr.Da Vee asked how can we clean the drainage i f we have a policy that says we cannot go on private property. Councilman Connolly stated that there may already be an ordinance in affect that allows for that. VOTE:Unanimous The motion carried. B.AWARD OF CONTRACT FOR HUMAN SERVICES FUNDING TO SUPERSTITION MOUNTAIN MENTAL HEALTH Assistant to the City Manager George Hoffman explained that the Council has received a copy of the draft of a contract with Superstition Mountain Mental Health for Health and Human Services, and that some changes to this draft are necessary. City Clerk Kathleen Connelly stated that based on Ordinance No.659,i t is necessary for the Council to decide whether funds will be distributed on a quarterly basis or on a "cash flow" basis. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 9 Councilwoman Gardner MOVED THAT THE CITY MANAGER OR HIS DESIGNEE BE GIVEN AUTHORITY TO NEGOTIATE A CONTRACT FOR HUMAN SERVICES WITH SUPERSTITION MOUNTAIN MENTAL HEALTH,SUBSTANTIALLY IN THE FORM AS PRESENTED IN THE DECEMBER 14,1988 DRAFT,WITH THE PAYMENTS BEING GIVEN ON A QUARTERLY BASIS,AND THAT SUPERSTITION MOUNTAIN MENTAL HEALTH BE REQUESTED TO COMPLY WITH ALL LOCAL ORDINANCES PRIOR TO THE COUNCIL FOR APPROVAL,AND THAT THE CONTRACT FOR HUMAN SERVICES BE AWARDED,AT THAT TIME TO SUPERSTITION MOUNTAIN MENTAL HEALTH,IN THE AMOUNT OF $13,000 FOR EMERGENCY SERVICES,AND $10,000 FOR PSYCHIATRIC SERVICES. Councilwoman Perkins stated that Superstition Mountain Mental Health has submitted all information required of all applicants. Mr.Hoffman explained that there are two segments to the allocations and funding of human services,first involves the funding for last year which was a total amount of $30,000,and this is the first of those contracts,and the second $30,000 was dealt with so far with a letter sent out asking those interested in funding to apply. Councilwoman Perkins asked i f the City is not asking for more documentation than is usually required. Ms Connelly stated that a list of guidelines was established,and that three areas of information were lacking with this application,but that today SMMH delivered two areas of information but still have to submit information regarding specific client services for City residents,but that the Ordinance requires the same type of information from any organization applying for City funding. Councilwoman Gardner stated that she would like funding to go out immediately when the information is acquired,but according to the motion the contract has to come back again to the Council for final approval. Ms Connelly explained that the Ordinance requires that the Council approve the final contract. Councilwoman Gardner withdrew the motion. Councilwoman Gardner MOVED THAT THE CITY MANAGER ORDINANCE HIS DESIGNEE BE GIVEN AUTHORITY TO ENTER INTO A CONTRACT FOR HUMAN SERVICES WITH SUPERSTITION MOUNTAIN MENTAL HEALTH SUBSTANTIALLY IN THE FORM AS PRESENTED IN THE DECEMBER 14,1988 DRAFT,AND THAT IT SO STATE THAT FUNDING WILL BE DONE ON A QUARTERLY BASIS,AND THAT SUPERSTITION MOUNTAIN MENTAL HEALTH BE REQUESTED TO COMPLY WITH ALL LOCAL FUNDING ORDINANCES,AND THAT THE CONTRACT FOR HUMAN SERVICES BE AWARDED TO SUPERSTITION MOUNTAIN MENTAL HEALTH, IN THE AMOUNT OF $13,000 FOR EMERGENCY SERVICES,AND $10,000 FOR PSYCHIATRIC SERVICES. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 10 Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, JANUARY 3,1988 )Councilwoman Perkins MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 6:30 P.M.,ON JANUARY 3,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT A PUBLIC HEARING BE HELD ON THE HOME RULE OPTION ON TUESDAY,JANUARY 3, 1989,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT A PUBLIC HEARING BE HELD ON THE HOME RULE OPTION ON WEDNESDAY,JANUARY 4,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL MEETING BE HELD FOR COUNCIL VOTE ON THE PROPOSED HOME RULE OPTION,ON WEDNESDAY,JANUARY 4,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Vice Mayor Bluntschly wished everyone a Merry Christmas,on behalf of the Mayor and City Council. Councilwoman Gardner stated that she received a letter from the Charter Hospital of the East Valley,and they will be having a program for those who may need taxi rides to prevent drunk driving. ADJOURNMENT )There being no further business to discuss,Mayor Hill adjourned the meeting at 8:15 p.m. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 11 *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of December 6,1988 *3.Appointment of Police Department Representative to the Public Safety Retirement Board *4.Resolution No.88-36,E.P.A.Construction Grant *5.Proposed Resolution No.88-37,Community Development Block Grant Application for Homeless Housing *6.Proposed Resolution No.88-38,Request for support of petitions to be submitted to the Corporation Commission,signed by the rate payers and property owners in the American Public Service Company licensed sewer facility area -Sierra Entrada APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY ,198 ,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS _AIR _ DAY OF ATTEST: KATHLEEN CONNELLY City Clerk :JANUARY _ . )iLAN —57 /<1 NORMAN S.HILL Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1988 PAGE 12 _,198g.