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HomeMy WebLinkAbout1980-02-20 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING FEBRUARY 20, 1980 A Regular Meeting of the City Council of Apache Junction was held on February 20, 1980, 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 7:10 P.M. at the Apache Junction City Hall. INVOCATION Councilman Shanks gave the Invocation. PLEDGE OF ALLEGIANCE Vice -Mayor John Granillo led the Pledge of Allegiance. ROLL CALL Councilmembers present:Mayor Virginia Seeman, Vice -Mayor John Granillo, Thomas Damiano, Jerry Burgess, Norman Hill, Jimmy Eidson, and Marie Shanks Councilmembers absent:None Staff present:Ray Lee, City Manager Isabel C. Ballard, City Clerk Susan D. Goodwin, Assistant City Attorney Joe Gero, Director of Planning Richard Broman, Director of Public Works Others present: Robert M. Dugger, 710 S. Lawson #17, Apache Junction. ACCEPTANCE OF THE AGENDA )Mayor Seeman explained that items No. 7, 8, and 9 needed to removed from the agenda arid explained thereasonon each. item. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE AGENDA BE ACCEPTED AS AMENDED. motion. VOTE: Unanimous Motion carried. Councilman Damiano seconded the CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 Page 2 ACCEPTANCE OF THE MINUTES SPECIAL MEETING, JANUARY 30, 1980 )Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE MINUTES OF THE SPECIAL MEETING OF JANUARY 30, 1980, BE AND ARE HEREBY APPROVED. Councilman Shanks seconded the motion. VOTE:IN FAVOR:Councilman Eidson Councilman Shanks Councilman Hill Councilman Burgess Councilman Damiano Mayor Seeman ABSTAINED: Vice -Mayor Granillo Motion carried. ACCEPTANCE OF THE MINUTES REGULAR MEETING, FEBRUARY 6, 1980 )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 1980, BE AND ARE HEREBY APPROVED. Vice -Mayor Granillo seconded the motion. VOTE: Unanimous AWARDS, PRESENTATIONS AND COMMUNICATIONS ) )None CALL TO THE PUBLIC (PETITIONS) )Mayor Seeman called upon Robert M. Dugger. Robert M. Dugger, 710 S. Lawson #17, Apache Junction, speaking as a private citizen and chairman of the Pinal County Libertarian Committee,read a Resolution passed by that Committee as follows: Madame Mayor and Councilmembers: As chairman of the Pinal County Libertarian Committee I hereby condemn the actions of the City Council and announce our support for recall movement for which petitions are now being circulated. The particular reasons for this declaration are as follows: 1. The continued practice of misleading the public, especially in the case of denying any knowledge of public opposition to Ordinance No. 18. CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 Page 3 2.The denial of public access to proposed ordinances thereby making public opposition extremely difficult. 3.The grossly arrogant attitude maintained toward the public by Councilman Eidson and Councilman Damiano. 4.The practice of publishing ordinances in out of town newspapers, making it difficult for the public to find out what ordinances exist and what their contents are. 5.The passage of Ordinance No. 18 in the face of known public opposition. Councilwoman Shanks cast the only dissenting vote on this ordinance and for that action she deserves and receives our commendation. This declaration is by and for the Pinal County Libertarian Committee and does not necessarily represent the view of each individual member. Signed Rober M. Dugger Chairman Pinal County Libertarian Committee Councilman Eidson responded to the presentation by saying that he was glad that Mr. Dugger came out with this speech, because if Mr. Dugger did support him he would ask Mr.'Dugger not to. Councilman Damiano responded that he also has the same sentiments. CITY MANAGER'S REPORT )City Manager Lee called on the Director of Public Works, Mr. Broman to give a report on the streets within the corporate limits, and any other related problems. Director of Public Works Broman reported that no highway bridges were closed, no deaths due to flooding, there were two relocations by the Police Department of people that the flood waters did approach and actually got into their finished floors. Mr. Broman further reported on the condition of the streets explaining the reasOn for have a lot of pot holes due to the chip seal treatment of the roads and the roads are not prime condition roads.Also the raveling of pavement due to the flood waters crossing the streets and the edge of of the pavement being torn up due to no curbing. Mr. Broman explained that there has been a lot of development that is blocking and diverting drainage and this is going to be a problem in the future. Unsure on how the City will resolve this problem, he felt that it will take a lot of study just to find out some of the historicial data on how they were allowed to become as they are and then deter- mine what measures have to be taken to correct ti,Pm.In the future the City will have to approach a storm drainage system throughout the City. Structures are needed in the Weaks Wash area, being it was absolutely impassable, although it may be a minor inconvience, at this time, the City needs access at all times in case of emergencies. CITY COUNCIL MINTUES REGULAR MEETING 2/20/80 Page 4 Mr. Broman reported that there are some flood control projects that are in design now and are scheduled for construction, two to three years away, but once these structures are in place, they should reduce flooding to the effect that the City would have here.Also other Cities and Towns are using on -lot -retention, allowing the water to per- culate.That may be something the City would want to address. Mr. Broman further reported that there are two main areas now that are of concern is the Bulldog Wash and the Weaks Wash,the*e being studied by the consultants and are part of this flood insurance of Apache Junction. Right now that proposal is being held up in the contract department of the Federal Agency. He recommended to the City Council and citizens that a letter be written to the Federal Agency stating that Apache Junction does in fact have a flood problem and a drainage problem and would like those proposals expedited, so the the City knows how to plan for the future. Vice -Mayor John Granillo asked if there is any possibility, in view of the circumstances, that monies would be available at either the State level or the Federal level for assisting the City in repairing the streets. City Manager Lee explained that the City is pursuing related funding sources for signage, that would help divert some of the funds to the streets. The City was not declared as part of the emergency group by the Governor. City Manager Lee called upon the Director of Public Safety for his report. Director of Public Safety McDaniel reported the only problems the City had were addressed by the Director of Public Works, and was pleased to report that since Sunday there were only three minor traffic accidents, and complimented the citizens on their good driving habits. City Manager Lee added that a three man Public Works Department had vehicles on stand by and equipment ready to handle that emergency.Also the Public Works Department saved nine hundred dollars by constructing barricades in house. Mayor Seeman complimented the staff for the ability to respond and being available for twenty-four hours a day. PUBLIC HEARING APPLICATION FOR TRANSFER OF LIQUOR LICENSE ) 'CHEF'S INN )Mayor Seeman opened'theTublic Hearing on the Transfer of Liquor License application by the Chef's Inn, Hazen Clifford Kroff. applicant to speak. Mayor Seeman called upon the CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 T'ae 5 Apache Trail reported she was in applicant Hazen Clifford Kroff. Sally Guard Archer, 1985 W. attendance to speak for the Chef's Inn, that may wish to speak on this issue. Mayor Seeman called upon the public No response from the public. Mayor Seeman closed the Public Hearing on the Transfer of Liquor License on the Chef's Inn. Councilman IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ONA THAT THE APPLICATION FOR TRANSFER OF LICENSE, PERSON ON -SALE RETAILER'S LICENSE TO SELL SPIRITUOUS LIQUOR, BY FORD. KROFF, BE AND IS HEREBY RECOMMENDED FOR APPROVAL TO UOR LICENSES AND CONTROL. motion. VOTE: Unanimous PUBLIC HEARING APPLICATION FOR TRANSER OF LIQUOR LICENSE SKAGGS CO. INC. Hearing on the Transfer of Liquor License applicant Ervin E. Wohl, to speak on the Burgess MOVED THAT BE APACHE JUNCTION, ARIZ- TO PERSON, SERIES #6 APPLICANT, HAZEN CLIF- THE DEPARTMENT OF LIQ- Councilman Hill seconded the )Mayor Seeman opened the Public application by Skaggs Company,Inc. Mayor Seeman called upon the the behalf of Skagg's Company, Inc. Kenneth Allen, 725 W. Apache Trail representing the applicant said he was available to answer questions the City Council may have. Councilman Shanks asked why the applicant has reapplied, as the City Council had acted upon a Skagg's application several months ago. City Clerk Ballard brought to the attention of the City Council on the agent's name Ervin E. Wohl, corporate name Skagg's Companies, Inc. and the name of the present licensee(s) E. E. Wohl, Agent, American Stores Company and explained that it is a corporate name change. that may wish to speak on this issue. Hearing., Mayor Seeman called upon the public No response from the public. Mayor Seeman closed the Public CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 Page 6 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZ- ONA THAT THE APPLICATION FOR TRANSFER OF LICENSE, PERSON TO PERSON, SERIES #9 OFF -SALE RETAILER'S LICENSE TO SELL ALL SPIRITUOUS LIQUOR, BY APPLICANT, ERVIN E. WOHL, BE AND IS HEREBY RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice -Mayor Granillo seconded the motion. VOTE: Unanimous PUBLIC HEARING ORDINANCE NO. 30, REZONING PZ 10-79, DEANE ) (SECOND READING) )Mayor Seeman opened the Public Hearing on Ordinance No. 30, Rezoning PZ 10-79, applicant Frank Deane. Mayor Seeman called on the Plann- ing Director to brief the City Council and public on this petition. Planning Director Gero pointed out on the City map the location of the rezoning request and further explain the zon- ing of the surrounding area, and the development in that area is already indust- rial in character for lots that are developed.Also that Tomahawk has access to Highway 60 and when the freeway is extended to Apache Junction, you would be able to get onto the freeway from this area and Tomahawk is a section road, and further commented that the Planning Commission did recommend unanimously for this part- icular application. Mr. Frank Deane, 1310 E. 17th Ave- nue, explained he has been working on this since the first of July, and would answer questions. Councilmembers asked Mr. Deane several questions on the type of business he is anticipating to construct and how many people he planned on employing. Mr. Deane answered that he is planning to have a travel trailer repair shop and he would be working by himself, but that would depend on the demand of the business. Mayor Seeman asked if there is any- one in the audience that wants to speak in favor of the said petition. No response from the public. Mayor Seeman asked if there is any- one in the audience that wants to speak in opposition of the petition. ing Director for his recommendation. No response from the public. Mayor Seeman called upon the Plann- CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 Page 7 Planning Director Gero reported he concurred with the recommendation of the Planning Commission and would re- commend to the City Council the passage of the requested rezoning and explained that in their agenda packet he has given four reasons behind his recommendation. Mayor Seeman question the continu- ation of spot zoning. Would the City ever need a Master Plan, and what is the advantage of having a Master Plan if the City continues to spot rezone? Planning Director Gero explained that zoning must be an on -going action of the community,the City can not holdup zoning, between the time the City took over the zoning powers and the that the City develops a Master Plan.Second, it will take from the time the City begins to the time the City completes the Master Plan, approximately two years to com- plete. The City would not want to hold up people unnecessarily for two years and futher explained the purpose of the Master Plan. rebuttal. Mayor Seeman asked if there is any No response from the public. Mayor Seeman closed the Public Hearingon Ordinance No. 30, Rezoning Pz 10-79, Deane. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZ- ONA, THAT THE READING OF ORDINANCE NUMBER 30 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE: Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 30. City Clerk Ballard read as follows: ORDINANCE NO. 30,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE ZONING MAP; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZ- ONA THAT ORDINANCE NO. 30, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING THE ZONING MAP; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE AND IS HEREBY ADOPTED. Councilman Damiano seconded the motion. VOTE: IN FAVOR: Councilman Eidson Councilman Shanks Councilman Hill CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 Page 8 Councilman Burgess Councilman Damiano Vice -Mayor Granillo OPPOSED:Mayor Seeman Motion carried. UNFINISHED BUSINESS (TABLED ITEMS) NEW BUSINESS RESOLUTION NO. 80-5 INTERGOVERNMENTAL )None AGREEMENT )Mayor Seeman called on the Director of Public Works to report on this item. Director of Public Works Broman reported that the past history of the electrical bill on the traffic lights and the fact that the City did not have an agreement with the Arizona Department of Transportation. He explained the contents of the agreement and informed the Council what other Cities normally are expected to do on their maintenance agree- ment with the Arizona Department of Transportation. Councilman Shanks called upon the City Clerk to read the title of Resolution No. 80-5. City Clerk Ballard read as follows: RESOLUTION NO. 80-5,RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA TO ENTER INTO INTERGOVERNMENTAL MAINTENANCE AGREEMENT WITH THE STATE OF ARIZONA AND AUTH- ORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; RESOLVED BY THE MAYOR AND CITY COUNCIL OF THAT RESOLUTION NO. 80-5, A RESOLUTION OF CITY OF APACHE JUNCTION, ARIZONA TO ENTER AGREEMENT, BE AND IS HEREBY ADOPTED. motion. VOTE:Unanimous Councilman Shanks MOVED THAT BE IT THE CITY OF APACHE JUNCTION, ARIZONA THE MAYOR AND COMMON COUNCIL OF THE INTO INTERGOVERNMENTAL MAINTENANCE RESOLUTION NO. 80-7, COMPREHENSIVE PLAN ing Councilman Damiano seconded the )Mayor Seeman called upon the Plann- Director Gero, for a briefing on this item. Planning Director Gero explained one minor change that was indicated in his memorandum to the City Council that he had intended to file the A-95 Review by March 1st, and the City is going to be approximately a month and a half slower, depending upon the ability of State CITY COUNCIL MINUTES REGULAR MEETING 2/20/80 Page 9 and Federal agencies to come to some preliminary agreements.He further explain- ed the reasons for the coordination of the other agencies. , Mayor Seeman called upon the City Clerk to read the title of Resolution No. 80-7. City Clerk Ballard read as follows: RESOLUTION NO. 80-7, A RESOLUTION OF THE CITY COUNCIL OF APACHE JUNCTION IN SUPPORT OF THE DEVELOPMENT OF A COM- PREHENSIVE PLAN, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO SEEK ALL MEANS POSSIBLE TO DEVELOP SUCH A PLAN AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZ- ONA THAT RESOLUTION NO. 80-7, A RESOLUTION OF THE CITY COUNCIL OF APACHE JUNC- TION IN SUPPORT OF THE DEVELOPMENT OF A COMPREHENSIVE PLAN, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO SEEK ALL MEANS POSSIBLE TO DEVELOP SUCH A PLAN AND DECLARING AN EMERGENCY, BE AND IS HEREBY ADOPTED. motion. VOTE: Unanimous EXECUTIVE SESSION, MARCH 4, 1980, 6:00 P.M.) IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF AN EXECUTIVE SESSION REGARDING PERSONNEL BE AT 6:00 P.M. motion. VOTE: Unanimous Councilman Hill seconded the Councilman THE CITY OF HELD ON THE Vice -Mayor Damiano MOVED THAT BE APACHE JUNCTION THAT 4th DAY OF MARCH, 1980 Granillo seconded the INFORMATION AND REPORTS )There was no discussion on reports. REQUESTS OF COUNCIL )Councilman Eidson stated that he would like to make his feelings toward the Libertarian Party clear and would like to respond to Mr. Dugger's statement earlier in the meeting and would like to say that any political party that advocates the uncontrolled use of drugs, uncontroll- ed adult book stores, movie houses, literature, uncontrolled prostition, stating "It is a part I want to stay away from as much as I possibly can and I hope that this message is also conveyed to Mr. Saggio." He said he felt that he represented on these issues about 99% of the people in Apache Junction. Councilman Damiano stated that he would like to deny any allegations, made by Robert M. Dugger, Chairman of the Libertarian Party. Let the people of this City be informed that these false all- egations and accusations, these statements made by him are nothing but a way in which expreses his revenge, and all decisions, and ordinances made by the City Council which do not suit him or his party. CITY COUNCIL MINUTES REGULAR MEETING,2/20/80 Page 10 Mayor Seeman read a letter from the Chamber of Commerce of February 14, 1980, with a Resolution which reads as follows: HONORABLE MAYOR SEEMAN:At a Regular meeting of the Board of Directors of the Apache Junction Chamber of Commerce on February 14, 1980, the following resolution was passed: WHEREAS, the availability of transportation contributes reatly to the meaningful and orderly growth of a community, and WHEREAS, air travel is clearly of increasing importance in the transportation system of the United States, and WHEREAS, the Chamber of Commerce Airport Advisory Committee has pursued a study of aiport feasibility, and WHEREAS, the development of an Airport in Apache Junction appears to have considerable merit, and NOW THEREFORE, BE IT RESOLVED that the Apache Junction Chamber of Commerce recommends to the City Council the appointment of a Board of Airport Commissioners to further pursue the develop- ment of an airport for Apache Junction. Sincerely Earleen S. Andrews, President APACHE JUNCTION CHAMBER OF COMMERCE Mayor Seeman explained that there is an airport committee, but inorder to create a commission we must first pass an Ordinance. She further. explained that: an: Ordinance t create an Aipoit Commission and an Ordinance to create:a Library Board will appear on the: agenda at_the. nextregular meeting. When the Ordinance:is inreffect,the -.Council can then appoint commission members. Mayor Seeman read a letter from Ad Hoc Committee member Tom Lester on the Business License committee, 'requesting a 30 day extension of time, so that the committee cOpld more justly fulfill the obligation for which it was formed. Councilman Shanks MOVED THAT THE AD HOC COMMITTEE ON THE BUSINESS LICENSE STUDY SUBMIT A WRITTEN REPORT OF THE FIRST 30DAYS OF ACTIVITIES, AND ON THE COMMITTEE'S SECOND 30 DAY ACTIVITIES, AND EXTEND THE COMMITTEE AN EXTENSION TIME OF 30 DAYS. Councilman Hill seconded the motion. VOTE: Unanimous Mayor Seeman reported on the State Land and that the City is moving onto 20 acres on the corner of Idaho and Super- stition .Blvd.The addtea.els'IDOI N-otth:Idahoo The: State Land. Departmentr.... has agreed to a special use permit at a fee of $700 a month, payable in advance semi-annually. CITY COUNCIL MINUTES REGULAR MEETING,2/20/80 Page 11 Mayor Seeman reported on the high school annexation, and its progress. The school board has approved the annexation and they are presently working ot the legal description., Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE MEETING BE ADJOURNED AT 8:10 P.M. APPROVED by the Mayor and City Council this •-=1 day of ,..2-2,4e/64et.:,1980. ATTEST: C2›.17 - Z e' e ISABEL C. BALLARD, CMC CITY CLERK MAYOR/VIRGINIA SEE cz-A/