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HomeMy WebLinkAbout1988-01-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 5,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 5,1988,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 7:00 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Bluntschly led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Damiano Councilwoman Gardner Councilman Bluntschly Councilman Burgess Mayor Hill City Manager Bill R.Da Vee City Clerk Kathleen Connelly Assistant to the City Manager George Hoffman City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Planning Chuck Newcomer Associate Planner/Deputy Director Jim Nakagawa Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Ms Evelyn Harges 1318 E.23rd Avenue Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 1 Mr.Bobby Beeman Beeman Drilling Co. 9872 E.Belmonte Avenue Apache Junction,Arizona Mr.Jim Brinkman 265 W.17th Avenue Apache Junction,Arizona Mr.Brad Homer 1116 E.Greenway Mesa,AZ ACCEPTANCE OF CONSENT AGENDA )Councilman Bluntschly MOVED THAT CONSENT AGENDA ITEM NO.1 BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC Ms Evelyn Harges,1318 E.23rd Avenue,Apache Junction,requested the installation of a street light at the intersection of Mariposa Road and Southern Avenue. CITY MANAGER'S REPORT City Manager Bill R.Da Vee informed the Council that the Arizona State Department of Commerce through Director Thomas Caldwell has notified us that Apache Junction has been awarded a grant in the amount of $100,000 under the State's Special Project for a housing rehabilitation bonus,in addition to the previously awarded CDBG grant in the amount of $150,000,and further outlined the project.Mr.Da Vee stated that the priority list of Goals has been distributed to the Council and may be discussed at the next meeting,and appraised the Council in a series of arrests conducted by the Police Department, culminated from a two month investigation on narcotics activities,and commended the Police Chief and staff for a job very well done. Director of Public Safety Bill McDaniel gave Council and public a briefing on the narcotics operation,and stated that 22 arrests were made with seven pending,and that approximately $3,000 was spent on this investigation. REGULAR. MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 2 Mr.Da Vee also stated that a date should be established for a ground breaking for the Public Works/Maintenance Facility and Animal Control Shelter. PUBLIC HEARINGS APPLICATION FOR SMALL GAME BINGO LICENSE,GOLDEN SUN R.V.RESORT )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. City Attorney David Alexander commented that for purposes of zoning compliance,there is a question of where the games are to be held,though the park itself is not zoned for that type of activity,and there is also a question as to whether any park is a qualified agency to request this type of license. City Clerk Kathleen Connelly stated that upon checking with the State,the State Department of Revenue,Bingo Section says that there are no qualifications for a Small Game Bingo License, and that an individual may obtain this license. Mr.Alexander explained that should someone complain about the games being held,zoning enforcement may be taken. Mayor Hill requested that the City Attorney contact the applicants be informed of this question. Councilwoman Gardner asked i f this park hasn't had a license in the past. Mr.Alexander replied that yes they did,and we are not saying they cannot hold the games,only i f someone should complain would the zoning issue come up,and that this action is not zoning approval but.only approval to the organization having the -license. applies to other parks having licenses also. Councilwoman Gardner asked i f this Mr.Alexander replied that i t does. Councilwoman Gardner stated that the license could be approved with the stipulation that this is not zoning approval,and should there be a complaint zoning will be enforced. one of the forms is not complete. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 3 Councilman Damiano pointed out that Councilwoman Gardner MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY CHARLES CLARK,FOR GOLDEN SUN R.V.RESORT,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF BINGO LICENSING AUTHORITY. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.604, PZ-16-87,BEEMAN DRILLING CO. )Associate Planner/Deputy Director Jim Nakagawa briefed the Council on the request for rezoning of a 1.08 acre parcel from CB -2 General Business to C-4 Commercial or C-4/PD Heavy Commercial/Planned Development,located at southwest side of Highway 60,1100 feet northwest of Tomahawk Road,which is designated Heavy Commercial on the General Plan,and stated that staff and the Planning and Zoning Commission recommends approval with stipulations,and should the Council wish to add to or revise those stipulations,i t would be necessary to do so by separate motion. Mr.Bobby Beeman,Beeman Drilling Co.,9872 E.Belmonte Avenue,Apache Junction,requested approval of the rezoning. Councilwoman Gardner asked i f the wall would surround all sides of the property. Mr.Beeman replied that i t would be on all sides. Councilwoman Gardner asked what time engines would be started on the property,with concern to the residential neighborhood. Mr.Beeman answered that equipment would not be started until 7:00 a.m.,but would mostly be used as storage for the equipment. 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. Councilman Bluntschly MOVED THAT ORDINANCE NO.604,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 4 Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.604,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION, ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-16-87 FROM CB -2 GENERAL BUSINESS TO C-4 HEAVY COMMERCIAL DISTRICT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Bluntschly MOVED THAT ORDINANCE NO.604,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. Councilwoman Gardner seconded the Councilman Burgess stated that this family has been an asset to the community,and will continue to be. Councilman Damiano asked i f the Beemans should sell the property,could a factory be put on this property. Mayor Hill replied that a factory cannot be placed on this property. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.605, PZ-18-87,WIESENHOFER AND HARDY )Mr.Nakagawa briefed the Council on the request for rezoning of a 1.25 acre parcel,located at the northeast corner of Tomahawk Road and 21st Avenue,from GR General Rural to CR-2(MH)Single Residence,and stated that staff and the Planning and Zoning Commission recommend denial or postponement until a policy is adopted allowing for street improvement. Mr.Jim Brinkman,265 W.17th Avenue,Apache Junction,requested approval of the rezoning,stating that the applicants cannot sell the property as a single family residence due to the surrounding mobile homes. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 5 • lot would be split. Councilwoman Gardner asked how the Mr.Brinkman replied north -south. 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. Councilman Damiano MOVED THAT ORDINANCE NO.605,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Bluntschly seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.605,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-18-87 FROM GR GENERAL RURAL TO CR-2(MH)SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED THAT ORDINANCE NO.605,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THE REQUIREMENT FOR OFFSITE IMPROVEMENTS BE WAIVED,UNTIL A TIME THAT,IF THEY ARE WILLING,IF IMPROVEMENT DISTRICT IS DONE,BY THEIR AGREEMENT,WOULD JOIN IN ON IT. motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 6 Councilman Damiano seconded the • OLD BUSINESS None. NEW BUSINESS REQUEST FOR MAJOR MODIFICATION TO PLANNED DEVELOPMENT,PZ-3-87, ORDINANCE NO.574,BRADLEY HOMER )Director of Planning Chuck Newcomer explained that Bradley Homer has requested a major modification to the planned development at the southwest corner of Superstition Boulevard and Ironwood Drive,which is currently zoned C-3 by Planned Development,with a previously proposed car wash,convenience sales,and gas sales.Mr.Newcomer stated that Mr.Homer now requesting to split the property to allow for financing of the proposals separately,but i t was originally combined to develop as a single entity. Mr.Brad Homer 1116 E.Greenway, Mesa,requested approval of the modification. Councilwoman Gardner MOVED THAT THE REQUESTED PLANNED DEVELOPMENT AMENDMENT TO SPLIT THE SUBJECT SITE IN CASE PZ-3-87 BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1.THAT THE REQUESTED SPLIT COMPLY WITH ALL THE APPLICABLE LAND .SPLIT PROCEDURES OF THE CITY,AND THAT THE REQUIREMENTS FOR MINNUM LOT SIZE OF THE C-3 DISTRICT BE WAIVED. 2.THAT THE PROJECT BE DEVELOPED AS A SINGLE PROJECT IN TERMS OF ON -SITE AND OFF -SITE IMPROVEMENTS WITH APPROPRIATE ARRANGEMENTS FOR SHARED DRAINAGE, PARKING AND SO FORTH TO THE APPROVED BY STAFF,AND 3.THE LOT SPLIT APPROVAL WILL BE VOID IF THE PROPOSED PROJECT IS NOT CONSTRUCTED AND THE ZONING REVERTS. motion. VOTE:Unanimous The motion carried. REQUEST FOR EXTENSION OF C-3/PD ZONING, PZ-51-85,ORDINANCE NO.429,ICAM PROPERTIES,CLARA M.CARNEY,RANDALL REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 7 Councilman Damiano seconded the • SKIDMORE,JOHN -ROTTWEILER )Mr.Newcomer stated that this is a request for planned development extension of one year,and that staff recommends approval. Councilwoman Gardner -MOVED THAT AN EXTENSION OF -ONE YEAR,TO EXPIRE JANUARY 26,1989,BE GRANTED FOR PZ-51-85. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ISSUANCE OF BUILDING PERMITS IN SIERRA ENTRADA CERTIFICATED AREA )City Manager Bill R.Da Vee explained that official notice was received from the Arizona Department of Environmental Quality recommending denial of new hookups to the APS/Sierra Entrada,until Arizona Public Service furnishes requested information to the State,to determine whether or not new connections could be handled by the wastewater treatment facility at Sierra Entrada,and further stated there are two alternative affirmative actions that could be taken and outlined those alternatives. Councilwoman Gardner MOVED THAT THE FOLLOWING POLICY DETERMINATION BE MADE IN REGARDS TO ISSUANCE OF BUILDING PERMITS IN SIERRA ENTRADA: DENY ALL PERMIT APPLICATIONS UNTIL APS SATIFIES THE DEPARTMENT OF ENVIRONMENTAL QUALITY'S REQUEST. motion. Councilman Bluntschly seconded the Councilwoman Gardner stated that should this motion not be passed,i t could result in increasing the liability to the City. Councilman Burgess asked i f the State is going to act on this,or is this another delay. Mr.Da Vee replied that the State is moving toward a correction to the problem,and unfortuneately this hurts those presently constructing homes but i t would also be felt by the certificant,APS. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 8 City Attorney David Alexander stated that further research is necessary as to how this affects the CC&R's. Mr.Da Vee pointed out that that i f septic tanksEwere allowed in that subdivision,i t would be a much denser development than is allowed in Apache Junction,with more potential for problems. Mayor Hill suggested a meeting with the residents of that area to discuss other alternatives,such as hookup to Mesa's treatment facility. Councilman Bluntschly stated that denying permits is the only option at this time. VOTE:Unanimous The motion carried. APACHE JUNCTION DIAL -A -RIDE; INTERGOVERNMENTAL AGREEMENT,BID REVIEW,RECOMMENDATION AND POSSIBLE COUNCIL ACTION )Councilwoman Gardner MOVED THAT THE APACHE JUNCTION DIAL -A -RIDE BE REBID. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried._ Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO EXECUTE THE INTERGOERNMENTAL AGREEMENT REFERRED TO AS ARIZONA DEPARTMENT OF TRANSPORTATION CONTRACT NO.88-245 FOR THE "APACHE JUNCTION DIAL -A -RIDE". motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 9 Councilman Damiano seconded the STREET IMPROVEMENTS STATUS AND NEW PROJECTS REVIEW -AND CONFIRMATION )Director of Public Works Rich Broman stated that Council has been provided with a list of street improvement projects,requesting review and acceptance of those projects. Councilman Damiano MOVED THAT THE STREET IMPROVEMENT PROJECTS STATUS LEVELS BE ACCEPTED AS PRESENTED,AND THAT CONFIRMATION BE GIVEN TO PROCEED WITH THE PROJECTS AS REQUESTED. Councilman Bluntschly seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID,PROSPECTOR PARK PHASE I I ) )Director of Community Services Jeff Bell recommended that the bid be awarded to MTV General Contractors in the amount of $211,811.00 for Prospector Park Phase II. Councilman Damiano MOVED THAT THE BID FOR PROSPECTOR PARK PHASE I I BE AWARDED TO MTV GENERAL CONTRACTORS IN THE AMOUNT OF $211,811.00. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID,PLAYGROUND EQUIPMENT )Mr.Bell recommended that the bid for playground equipment,to be installed in the City Hall Complex Park and Prospector Park,be awarded to Don Watkins and Associates in the amount of $21,679.79. Councilman Damiano MOVED THAT THE BID FOR PLAYGROUND EQUIPMENT BE AWARDED TO DON WATKINS AND ASSOCIATES,IN THE AMOUNT OF $21,679.79. motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 10 Councilman Damiano seconded the • VOTE:Unanimous The motion carried. ADOPTION OF ECONOMIC DEVELOPMENT PROGRAM PHASE II,1988-1993 )Economic Development Specialist John Schoeph outlined the Economic Development Program Phase II,for 1988-1993,and requested approval. Councilwoman Gardner MOVED THAT THE DOCUMENT ENTITLED ECONOMIC DEVELOPMENT PROGRAM PLAN -PHASE 'II,1988-1993, SERVING AS A GUIDELINE FOR THE OPERATION OF CITY ECONOMIC DEVELOPMENT ACTIVITIES AND SUBJECT TO ANNUAL REVIEW AND MODIFICATION BY THE CITY COUNCIL OF APACHE JUNCTION,ARIZONA,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION TO PROCEED WITH EMPLOYEE TRAINING IN APPLICATION OF HERBICIDES ) )Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH EMPLOYEE TRAINING AND CERTIFICATION -IN THE APPLICATION OF HERBICIDES,WITH ONE EMPLOYEE FROM PUBLIC WORKS AND ONE EMPLOYEE FROM COMMUNITY SERVICES. Councilman Bluntschly seconded the motion. VOTE:Unanimous The motion carried. Mayor Hill recessed the meeting at 8:15 p.m. Mayor Hill reconvened the meeting at 8:23 p.m. DIRECTION TO PROCEED WITH CITY CODE AMENDMENTS REGARDING RESIDENTIAL OFF -SITE IMPROVEMENTS )Councilman Burgess MOVED THAT THIS ITEM BE POSTPONED UNTIL JANUARY 19,1988. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 11 • Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CONSIDERATION AND ACTION ON CLAIMS AGAINST CITY (DELOACH;WHITE) )City Attorney David Alexander explained that Arizona Revised Statutes require that prior to bringing law suite against a public entity,that the individuals within one year of the cause of action,serve notice upon the City of their claim,which these are and recommended denial. Councilman Burgess MOVED THAT THE CLAIMS AGAINST THE CITY AS SUBMITTED BY RONNIE D.DE LOACH AND STEVEN RANDE WHITE BE DENIED. motion. VOTE:Unanimous The motion carried. Councilman Damiano seconded the APPROVAL OF EXPENDITURE OF FUNDS FOR REAL PROPERTY )Mr.Da Vee that an individual was willing to exchange title of 9.5 acres with the City,in exchange for paying taxes owed,and this is requesting authority to pay that amount of $4,300.00 with title search totalling $4,855.00. Councilwoman Gardner MOVED THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO PURCHASE REAL PROPERTY IN THE AMOUNT OF $4,855.00;TO BE TAKEN FROM THE CONTINGENCY ACCOUNT. motion. VOTE:Unanimous The motion carried. SELECTION OF WORK SESSION DATE WITH APACHE JUNCTION AREA COMMUNITY FOUNDATION REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 12 Councilman Damiano seconded the • EXECUTIVE SESSION,WORK SESSION, JANUARY 18,1988 EXECUTIVE SESSION,WORK SESSION, JANUARY 19,1988 - )Councilwoman Gardner MOVED THAT A WORK SESSION BE HELD WITH THE APACHE JUNCTION AREA COMMUNITY FOUNDATION ON JANUARY 14,1988,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JANUARY 18,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON JANUARY 19,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL MEETING BE HELD AT 7:00 P.M.,ON JANUARY 18,1988,IN THE CITY COUNCIL CHAMBERS. Mr.Da Vee stated that the Foundation had made arrangements to hold the work session in the Community Center. City Clerk Kathleen Connelly stated that i t is not possible to record at that facility. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL Councilman Bluntschly requested future agenda items pertaining to collection of city sales tax and to initiate the 1988-89 budget process. Mayor Hill to look at property east of that recently acquired,for the purpose of a City Hall Complex. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 13 • ADJOURNMENT )There being no further business, Mayor Hill adjourned the meeting at 8:33 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda ACCEPTED THIS 19TH DAY OF JANUARY ,1988,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 22ND DAY OF JANUARY ATTEST: KATHLEEN CONNELLY City Clerk 4b1PrrHILL May r by Kenneth Bluntschly Acting Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1988 PAGE 14 ,1988. •