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Home My WebLink About1980-03-05 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING MARCH 5, 1980 A Regular Meeting of the City Council of Apache Junction was held on March 5, 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 Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice -Mayor John Granillo led the Pledge of Allegiance. ROLL CALL Councilmembers present:Mayor Virginia Seeman,Vice -Mayor JohnGranillo,Thomas Damiano,Jerry Burgess, Norman Hill,Jimmy Eidson,and Marie Shanks. Councilmembers absent:None Staff present: Others present: G.Ray Lee,City Manager Isabel C.Ballard,City Clerk Michael Curtis,City Attorney Susan Goodwin,Assistant City Attorney Joe Gero,Director of Planning Richard Broman,Director of Public WorksMarlisJ.Davis,Director of Administrative Services George Baljo,1070 Navajo Ave. Apache Junction,Arizona Joe Morvak,1224 S.Doran,Mesa,Arizona Robert Cosby,230 N.Winchester, Apache Junction,Arizona Robert Dugger, 710 S. Lawson,#17 Apache Junction,ArizonaJim Jett,1044 E.Linda Lane, Apache Junction,Arizona ACCEPTANCE OF THE AGENDA )Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT THE AGENDA BE ACCEPTED AS PRESENTED. CITY COUNCIL MINUTES REGULAR MEETING,3/5/80 Page 2 Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING,FEBRUARY 20,1980 )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNC- TION,ARIZONA,THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 20,1980, BE AND ARE HEREBY ACCEPTED AS PRESENTED. Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS ) Mayor Seeman reported that she attended an Apache Junction Republican Women's Meeting at which time the Republican Women presented her with a check in the amount of fifty dollars ($50.00)for the City's swimming pool fund. CALL TO THE PUBLIC (PETITIONS) )City Clerk Ballard announcedthatapetition was received today by the Arizona Libertarian Party with twenty- three signatures and the title read as follows: We,the undersigned,though not necessarily agreeing with all views of the Libertarian Party,do herebyaffirm our support of Robert M.Dugger in his opposition to the City Council of Apache Junction. George A.Baljo,1070 Navajo Avenue,Apache Junction announced,as part of Mayor Seeman's and Council- man Damiano's on going program of community education,with particular emphasis toward the Planning and Zoning Advisory Committee and Planning and Zoning Com- mission,that next Tuesday at 7:00 P.M.,March 11,1980,there will be a speaker Mr.Ernie Ned,Assistant Commissioner for sub -divisions for the State of Ariz- ona, Real Estate Department.The Public is invited.The Commission will changetheir method of presentation,starting April,Saturday 26th,the Commissionwillhave a day time session.Also Saturday,May 17th will be a day time session. Joe Morvak,1224 S. Doran, Mesa,Arizona had two questions (1) regarding the plumbing code on the 3"stack and where the City stands on the revision of the code.(2)The 2%City Business Tax that is showing up on water bills? Mayor Seeman explainedthattheutilitytax was part of the business license ordinance and ',asked:if the City Manager wished to comment. CITY COUNCIL MINUTES REGULAR MEETING 3/5/30 Page 3 City Manager Lee added that the 2%utility tax is in lieu of a franchise tax.Most cities have either a franchise tax or a utility tax,which is primarily to enjoy using the public right-of-ways to install their lines,the cost of inspections,etc.This is a tax to the utility companies.Passing i t on to the customer is the decision of the utility company. Director of Public Works Broman address Mr.Movak's question on the plumbing code,3"stack,explain- ing that the City is in the process of resolving the problem.At this time i t looks like the 3"stack will be modified,however it will be an agenda item in the near future. Jim Jett,1044 E.Linda Lane, Apache Junction,explained that he came to the City Offices and obtained a permit for an addition to his home. The permit was issued on the 26th of January,he hired people to build the addition and the inspector came the 7th of February,said the City made a mistake,and the permit had to be cancelled. Mr.Jett said he spoke with Mr.Broman and Mr.Broman stated the permit was issued in error.Mr.Jett stated that he has torn down •his bricks and leveled the property.The only thing he ever received from the City was a letterstatingthatthepermit was denied.He has not received a refund. Director of Public Works Broman explained that the permit was issued,however it was upon observationit was discovered that the addition was not in conformance.The constructidn was in violation of the set backs.The problem was reviewed with the building department and determined to be in error,but that does not relieve the builder and the contractor from doing it correctly.It was suggested that an appeal to the Board of Adjustments be made. Mayor Seeman explainedthathe would have to go through the Board of Adjustment to request a variance. Mr.Jett requested somethingin writing from the City to that effect. City Manager Lee explainedthattheappealprocedureis in Ordinance No.7, and upon request he could beprovided with a copy of the Ordinance.City Manager Lee apologized to Mr.Jett for any inconvenience. Robert Cosby, 230 N. Winchester,Apache Junction,stated that a member of the Planning and Zoning Advisory Committee,Mr.Wendall Clark,had submitted his resignation to the Mayor and he respectfully requested that Mr. Clark's letter be read and made part of the public record. Mayor Seeman explained that she did not have that letter before her this evening and asked if any of the members of the City Council or staff had a copy of the letter.Mayor Seeman stated that it would be part of the next agenda. City Manager Lee explained that the letter was public record and anyone may obtain a copy. CITY COUNCIL MINUTES REGULAR MEETING 3/5/80 Page 4 CITY MANAGER'S REPORT ....1 )City Manager Lee called on Director of Public Works Broman to give an airport activity report. Public Works Director Bromanreferredto the memorandum in the City Council's packet and reported that theairportcommitteeheldapublic meeting on Thursday with approximately 200 in attendance.It was explained that the airport would mostly be funded by the Federal and State governments,that the monies would come -the-taxes,licenses -— of the pilots,and the aviation industry and not from the income tax.The City is interested in whether an airport would be feasible,what kind of an airport, and all the pros and cons.The City will be working with the airport committee to prepare an impact study preparing preliminary designs and grant applications. As the City continues with this process,the staff will be updating the Council and the public as to how these events are proceeding.Essentially,there is a good possibility the airport could increase the tax base,provide good trans-portation,increase tours to some extent,and provide some good medical emerg- ency service. PUBLIC HEARINGS None UNFINISHED BUSINESS (TABLED ITEMS) ORDINANCE NO.29,REZONING PZ 10-79 TROY CHURCH ) Mayor Seeman called on Robert Cosby to speak on the behalf of the applicant. Bob Cosby,230 N.Winchester,Apache Junction,explained that he and Mr.Church had submitted a letter to the Mayor and City Council dated February 19,1980, and read the letter to the City Council as follows: With regards to my request for rezoning the corner of Tomahawk and 4th Avenue,also as proposed Ordinance No.29,I am respectfully requesting this be withdrawn. We understand the position that the City is in with regards to Trailer Home Site rezoning and although,wedisagree with the position in prinicple,we never the less will respect the importance of the issue at this time.We believe that that portion of the site in the flood prone area most properly should be zoned to Trailer Home Sites. Upon the approval of the City Council of the proposed Plan Development Ordinance, we will be submitting an application for rezoning for a plan compatible with theCity's wishes but which allows us to develop our property to its fullest extent. Sincerely yours,signed Robert K. Cosby for Troy Church Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE ORDINANCE NO.29,BE AND IS HEREBY REMOVED FROM THE TABLE. CITY COUNCIL MINUTES REGULAR MEETING 3/5/80 Page 5 Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNC- TION,ARIZONA THAT THE REQUEST TO WITHDRAW THE APPLICATION FOR REZONING OF THE CERTAIN PARCEL OF PROPERTY LOCATED AT THE NW CORNER OF TOMAHAWK AND 4TH AVENUE IN APACHE JUNCTION, ARIZONA,ALSO KNOWN AS REZONING CASE PZ 10-79 BY MR.TROY CHURCH,APPLICANT,THROUGH HIS AGENT MR.BOB COSBY,BE AND IS HEREBY APPROVED. the motion. VOTE:Unanimous Motion carried. NEW BUSINESS ORDINANCE NO.36,ESTABLISHING A LIBRARY BOARD ) Councilman Damiano seconded Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 36 for the first reading. City Clerk Ballard read as follows: ORDINANCE NO.36,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING CHAPTER 2 BY ADDING ARTICLE 2-7,ESTABLISHING A LIBRARY BOARD PURSUANT TO ARIZONA REVISED STATUTES, TITLE 9,CHAPTER 4,ARTICLE 2;PROVIDING THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY. The City Council discussed at great lengths the Library Board along with the other proposed commissions to include the purpose of establishing these Boards and Commissions. ORDINANCE NO.37 ESTABLISHING AN AIRPORT COMMISSION ) Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 37 for the first reading. City Clerk Ballard read as follows: ORDINANCE NO.37,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING CHAPTER 2 BY ADD- ING ARTICLE 2-9 ESTABLISHING AN AIRPORT COMMISSION,PROVIDING FOR APPOINTMENT TO THE COMMISSION AND POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;PROVIDING FOR SEVERABILITY. CITY COUNCIL MINUTES REGULAR MEETING 3/5/80 Page 6 RESOLUTION NO.80-6,SUPPORTING TIMELY EXTENSION OF SUPERSTITION FREEWAY ) Mayor Seeman called on Mr. Robert Dugger. Robert Dugger,710 S.Lawson, Apache Junction, stated that being a part of a major metropolition area,and the life blood of the metropolition area is transportation,therefore,Mr. Dugger strongly supports the City Council on the timely extension of the Super-stition Freeway,Resolution No.80-6. Mayor Seeman complimented staff on a well written Resolution. Councilman Damiano thanked Mr.Dugger for giving the City Council some positive information. Mayor Seeman read Resolution No.80-6 as follows: RESOLUTION NO.80-6,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APAUE JUNCTION SUPPORTING THE TIMELY EXTENSION OF THE SUPERSTITION FREEWAY. WHEREAS, the City of Apache Junction is the most rapidly growing community in the State of Arizona;and WHEREAS the City is located in the eastern most section of the greater Phoenix urban area;and WHEREAS,when complete,theSuperstitionFreeway will be the major east -west transportation artery for the greater Phoenix areas and surrounding areas;and WHEREAS said freeway isintendedto reduce threats to the public health,safety and welfare caused bytraffic congestion by routing through traffic away from local City streets and onto said freeway;and WHEREAS the City of Apache Junction intends in the near future to actively promote industrial and commer-cial development in order that i t can become a self -sustained community; and WHEREAS industrial and commercial development will require an efficient and effective transportation system of which the said Superstition Freeway would be an integral and importantpart; NOW,THEREFORE,BE IT RESOLVED that the City of Apache Junction does urge the Governor of the Stateof Arizona,the Arizona Commissioner of Highways,the Arizona Congressional Delegation and the Arizona State Legislators,to actively support the timely extension of said Freeway. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNC- TION,ARIZONA THAT RESOLUTION NO.80-6,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION SUPPORTING THE TIMELY EXTENSION OF THE SUPERSTITION FREEWAY,BE AND IS HEREBY ADOPTED. CITY COUNCIL MINUTES REGULAR MEETING 3/5/80 Page 7 the motion. VOTE:Unanimous Motion carried. ORDINANCE NO,38,AMENDING CHAPTER 13,ARTICLE 13-2 APACHE JUNCTION CITY CODE: STREET CLASS- IFICATION PLAN;STREET DEDICATION &IMPROVE- MENTS;STANDARD DETAIL AND SPECIFICATIONS ) )the City Clerk to read the title of Ordinance No. as follows: Councilman Hill seconded Mayor Seeman called upon 38. City Clerk Ballard read ORDINANCE NO.38,AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 13,ARTICLE 13-2,APACHE JUNCTION CITY CODE,BY ADDING SECTION 13-2-3 PERTAINING TO STREET IMPROVEMENTS,THE ADOPTION OF A STREET CLASSIFICATION PLAN,REQUIRING THE DEDICATION AND IMPROVEMENT OF RIGHTS- OF -WAY PRIOR TO THE ISSUANCE OF BUILDING PERMITS,PROVIDING FOR THE ADOPT- ION BY REFERENCE OF THE MARICOPA ASSOCIATION OF GOVERNMENTS STANDARD DETAILS AND SPECIFICATIONS,PROVIDING FOR PENALITIES,PROVIDING FOR SEVERABILITY, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES. ORDINANCE NO.39,CREATING PARKS AND RECREATION COMMISSION ) )the City Clerk to read the title of Ordinance No. as follows: Mayor Seeman called upon 39. City Clerk Ballard read ORDINANCE NO.39,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA ADDING ARTICLE 2-8,PARKS AND RECREATION COMMISSION,TO THE CITY CODE;ESTABLISHING THE APACHE JUNCTION PARKS AND RECREATION COMMISSION; PROVIDING FOR APPOINTMENT TO THE COMMISSION AND POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR SEVERABILITY. Mayor Seeman announcedthatthese Ordinances are available to the public after the first reading. RESIGNATIONS OF PLANNING AND ZONING COMMISSION MEMBERS ) )Mayor Seeman read the letter of resignation submitted by Mr:Arthur L:Strange,dated February 21,1980, and the letter of resignation submitted by Mr.Theron D.Adams received on February 22,1980. CITY COUNCIL MINUTES REGULAR MEETING 3/5/80 Page 8 Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNC- TION,ARIZONA THAT THE RESIGNATIONS OF MR.THERON D.ADAMS AND MR.ARTHUR L. STRANGE FROM THE PLANNING AND ZONING COMMISSION BE AND ARE HEREBY ACCEPTED AND FURTHER RESOLVED THAT TWO (2)OFFICES ON THE PLANNING AND ZONING COMMISSION, BE AND ARE HEREBY DECLARED TO BE VACANT, SAID OFFICES TO HAVE TERMS THAT EXPIRE ON JUNE 30,1982. Councilman Shanks seconded the motion. VOTE:Unanimous Motion carried. Councilman Eidson requested that a letter or a Certificate in Appreciation of serving on the Planning and Zoning Commission be sent to Mr.Theron D.Adams and Mr.Arthur L.Strange. Vice -Mayor Granillo, expressed to the public the importance of the Planning and Zoning Commission in the community stating that there are many people that have experience to serve on the Planning and Zoning Commission.Any interesed persons that would like to serve on the Planning and Zoning Commission,the City would appreciate i t very much if you would submit your name and your Talent Bank Application. Vice -Mayor Granillo further requested that the Apache Sentinel publicize the two vacancies on the Planning and Zoning Commission. EXECUTIVE SESSION,6:00 P.M.,MARCH 19,1980 ) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNC- TION THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVISE, BE HELD ON THE 19TH DAY OF MARCH,1980,6:00 P.M. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. INFORMATION AND REPORTS ) There was no discussion. REQUESTS OF COUNCIL )Councilman Damiano brought up the request made by Mrs.Hiller on the issuance of burning permits and commented perhaps something can be done and requested that the City Attorneyfindout why Mrs.Rankin,Pinal-Gila Quality Air Control couldn't come to Apache Junction once a week to issue burning permits. CITY COUNCIL MINUTES REGULAR MEETING 3/5/80 Page 9 Harvey Morrison explainedthathe makes a phone call to Mrs.Rankin,Pinal-Gila Air Quality Control and the burning permit is sent to him the next day. Lillian Castro concurred that she uses the same process as Mr.Morrison. Mayor Seeman requestedthat Mrs.Hiller attempt the same action,and i f she does not get the same response,the City Council will then attempt the alternate suggestion. ADJOURNMENT )Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNC- TION THAT THE MEETING BE ADJOURNED AT 7:55 P.M. VOTE:Unanimous Motion carried. APPROVED BY THE MAYOR AND CITY COUNCIL this / 9 /—day of>1/ 7 046,6 1980. ATTEST: e ‘‘,.Isabel C.Ballara City Clerk Mayor Xirginia Seefrfan