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HomeMy WebLinkAbout1980-04-16 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING APRIL 16,1980 A Regular Meeting of the City Council of the City of Apache Junction was held on April 16,1980, at the Apache Junction City Hall, pursuant to the notice as required by law. CALL TO ORDER Vice -Mayor John Granillo called the meeting to order at 7:00 P.M. at the Apache Junction City Hall. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice -Mayor Granillo led in the Pledge of Allegiance. ROLL CALL Councilmembers present:Vice -Mayor John Granillo,Thomas Damiano, Norman Hill,Jimmy Eidson,Jerry Burgess, and Marie Shanks. Councilmembers absent:Mayor Virginia Seeman (due to illness) Staff present: Others present: G.Ray Lee, City Manager Rich Oesterle,City Clerk Susan Goodwin,Assistant City Attorney Richard Broman,Director of Public Works Joe Gero,Director of Planning William McDaniel,Director of Public SafetyMarlisDavis,Director of Admin.Serv. Robert Condra, P. O. Box 515,Apache Junction Ted Ledsetter,Brad Durham, Elmer Wood, and Danny Bush,Cestin Valley Trailer Park,Apache Junction. Robert Dugger, 710 S. Lawson,Apache Junction Al Limber,126 S. Tomahawk,Apache Junction Juan Herrera,Queen Creek ACCEPTANCE OF THE AGENDA Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT THE AGENDA BE ACCEPTED WITH THE DELETION OF ITEM NO.8. CITY COUNCIL MINUTES REGULAR MEETING 4/16/80 Page 2 Councilman Burgess seconded the motion. VOTE:Unanimous Motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING,APRIL 16,1980 ) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 2, 1980, BE AND ARE HEREBY ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:IN FAVOR:Councilman Damiano Councilman Eidson Councilman Hill Councilman Shanks Vice -Mayor Granillo ABSTAIN:Councilman Burgess (not present at the meeting) AWARDS,PRESENTATIONS AND COMMUNICATIONS ) )None CALL TO THE PUBLIC ) )Robert Condra, P. O.Box 515, Apache Junction had three questions as follows:1. Are the PoliceOfficersofthe Apache Junction bonded? 2.Has the Council in the last two weeks had time to consider a reply to his question on why the City does not take Cash for Bail?3. I f not,how does one go about getting the law changed before cash can be applied for bail? City Manager Lee answered in detail that the Department of Public Safety's policy is not to handle cash and the requirements to handle bail with a money order are under ourcurrentcontract with the Pinal County Sheriff's Office.Also in answering Mr.Condra's questions,Mr.Lee explained that the City Officers currently are not bonded and not obligated to handle full service until May one. Robert Condra asked come May one will the City Police Department still not be under the bonding system. City Manager Lee explainedthat would be a dicision of the City and gave an outline of what the decisions would be based on. CITY COUNCIL MINUTES REGULAR MEETING 4/16/80 Page 3 Assistant City Attorney Goodwin responded that the City Attorney's Office did answer the question that was brought before the City Council at the last meeting on why the City did not accept Cash for Bail.Miss Goodwin stated she would forward Mr.Condra a copy of the letter. Mr.Brad Durham, spokes- man for Ted Ledsetter,Elmer Wood and Danny Bush who reside in the CestinValley Trailer Park,expressed his concern of the condemnation of all thetrailersinthe Park.He further explained the problems they would have in evacuating as they are low income families living in that park.Mr. Durham presented the following petiton signed by the residents of the Cestin Valley Trailer Park: WE,THE RESIDENTS ofCestin Valley Trailer Park having been served notice by the City of Apache Junction to evacuate our homes with no alternative other than prison and the discrimination against low income families and children who are residentsof this City do group and bind ourselves together for the cause of saving ourselves and our children from the financial and emotional burden placed upon us.That the burden should be born by the City of Apache Junction. We hereby set our seals with our signatures.Signed the residents of CestinValley Trailer Park. Mr.Durham further expressed concern on the cost of finding other places to live,requesting the City for assistance and direction. Vice -Mayor GranillocalledonBuildingOfficialLeoFraziertogiveanexplanationof what has transpired. Building Official LeoFrazier explained in detail building code violations at the Cestin ValleyTrailerPark,noting there have been approximately 17 fires at the park since 1973 and 2 electrical fires within the past year.Mr.Frazierfurtherexplainedthatpursuanttothe Uniform Building Code, he served the manager,Mr.Lipovic,with notice after inspection of the park andfindingnumerousviolations.Mr.Frazier stated he posted notifications on the individual units and attached a letter of explanation to the residents regarding the evacuation of the units.Mr.Frazier stated the electrical system was a life threatening situation and the premises should be vacated. Mr.Frazier furtherreportedthattherehad been an electrical contractor into the Building Department to pick up an application and specifications,and informed him that he will have the permit,application and drawings for the revisionof the electrial system by Monday. The City Council askedquestionspretainingto who were the owners of the trailers and the dangersthat are of an immediate concern. Mr.Frazier explained that there areprovisionsinthecodethataslongasthereisactiononcorrectingthesitutationtheevacuation could be put in abeyance.The action to correct the situation must be continuous,i t can not be put off for three months. CITY COUNCIL MINUTES REGULAR MEETING 4/ 1 6/80 Page 4 Vice -Mayor Granillo summed up the matter saying Mr.Durham stated his concern and Mr.Lipovic is taking action to correct the problem.Vice -Mayor Granillo suggested,to give Mr.Lipovic a chance to correct the problem in the given time and i f he does not,the City Council may have an emergency meeting. Robert Dugger, 710 S. Lawson,instead of upsetting sixty-five families by saying you have to move out,why couldn't Mr.Lipovic be given 30 days to straighten thematter out. Al Limber,126 S.Tomahawk at the Tomahawk Trailer Park,Apache Junction,stated that the question on who is the electrical inspector has not yet been answered and would like to know the answer to that question. Building Inspector Leo Frazier stated he believed the question asked was i f there was a specialtyelectricalinspectorandtheanswer was no.There are two inspectors working for the City including himself and both of them have at various times been licensed as contractors in just about every phase of buildingconstruction. CITY MANAGER'S REPORT City Manager Lee called on the Director of Planning,Joe Gero, to report on the up coming Town Hall Meeting. Planning Director Gero reported on the Town Hall meeting scheduled for April 26th,for the purpose of putting together a City Plan for the Community,educating staff,Commission members and citizens prior the proposal of the recommended City Plan.Mr.Gero went over the proposed agenda for the Town Hall Meeting. PUBLIC HEARINGS ORDINANCE NO.44,REZONING CASE PZ-5-80,BUCK (SECOND READING)Vice -Mayor Granillo opened the public hearing for Rezoning Case PZ-5-80,Ordinance No. 44, the applicant Mr.Virgil Buck.Vice -Mayor Granillo called on the Planning Director to brief the City Council on the case. Planning Director Geroreferredtothe sketch and explained that the property is located at 252 N. Ironwood and the surrounding property is zoned General Rural.Theapplicationhas been heard before the Planning and Zoning Commission and a copy of their recommendation is in the Council's packet.The Commission recommends to the City Council the approval of the Rezoning Case as request- ed by Mr.Buck to CR-4,multiple residence.Mr.Gero futher explained the reasons for the recommendations. Mr.Virgil Buck,theapplicant,252 N.Ironwood,stated that Mr.Gero explained the case very well and did not wish to add any more. CITY COUNCIL MINUTES REGULAR MEETING 4/ 1 6/80 Page 5 Vice -Mayor Granillo asked Mr.Gero i f this Rezoning would revert back i f the applicant does not start the improvements within a given time. Assistant City Attorney Susan Goodwin explained that there may be a provision in the zoning codethat might cover i t and require a reversion,but was not sure withoutfurtherresearch. Vice -Mayor Granillo asked if any one in the audience wished to speak in favor of the petition. John Haber,1151 S.Virginia,stated that his property is all occupied now, and explained what structures are in the area now. Planning Director Joe Gero explained the property in question has 32700 square feet of gross area.The Ordinance allows one dwelling unit per 3500 square feet.Thetotalarea is sufficient to meet the requirements of the Zoning Ordinance, in addition the ordinance does specify set backs between main buildings from the property lines. Vice -Mayor Granillo asked if any one in the audience wished to speak in opposition of thepetition. No response from the audience. Planning Director Joe Gero stated as Planning Director he has gone over this particular area, has found that this area will have to have some kind of a transistion and he concurred with the recommendation_of the Planning Commission and pointed out that no one spoke adversely at the Planning Commission hearing,although some people did ask questions.Mr.Gero recommended approval for the same reason as given by the Planning and Zoning Commission. Vice -Mayor Granillo declared the public hearing closed. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO.44,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous Motion carried. Vice -Mayor Granillo called upon the City Clerk to read the title of Ordinance No.44. CITY COUNCIL MINUTES REGULAR MEETING 4/16/80 Page 5 City Clerk Rich Oesterle read as follows: ORDINANCE NO.44, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-80 FROM GENERAL RURAL (GR)TO MULTIPLE RESIDENCE (CR-4);REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT ORDINANCE NO.44,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-80 FROM GENERAL RURAL (GR)TO MULTIPLE RESIDENCE (CR-4);REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY, BE AND IS HEREBY ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous. Motion carried. LIQUOR LICENSE TRANSFER FOOD COUNTRY STORE,C.K.,HERRERA Vice -Mayor Granillo opened the Public Hearing for Transfer of License,Person to Person, the applicant Juan Herrera and Ofelia Jimenez Herrera and stated that i f the applicant is present he may speak on his behalf at this time. Juan Herrera,Queen Creek,stated he purchased the store from Mr.Sanchez and would like the liquor license transfer. Vice -Mayor Granillo asked for questions of the City Council,and from the audience.Being no one wished to speak on the matter,Vice -Mayor Granillo closed the Public Hearing. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT THE APPLICATION FOR TRANSFER OF LICENSE,PERSON TO PERSON SERIES 10,OFF -SALE RETAILER'S LICENSE TO SELL ALL SPIRITUOUS LIQUOR BY APPLICANT,JUAN J.HERRERA AND OFELIA JIMENEZ HERRERA,BE AND IS HEREBY RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. seconded the motion. VOTE:Unanimous Motion carried. Councilman Damiano CITY COUNCIL MINUTES REGULAR MEETING 4/16/80 Page 6 NEW BUSINESS ORDINANCE NO.45,GOLD DUST MOBILE HOME PARK ESTABLISHING ZONING (FIRST READING)) )Vice -Mayor Granillo called upon the City Clerk to read the title of Ordinance No. 45 for thefirstreading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.45 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE ZONING ORDINANCE BY ESTABLISHING THE INITIAL ZONING DISTRICT CLASSIFICATION IN ZONING CASE PZ-4-80 AS TRAILER HOMESITE (TH),THE PROPERTY HAVING BEEN ANNEXED TO THE CITY OF APACHE JUNCTION, ARIZONA,AND PROVIDING FOR SEVERABILITY. ORDINANCE NO.42,ANNEXING SECTION 32 (SCHOOL SITE) (FIRST READING)) )Vice -Mayor Granillo called upon the City Clerk to read the title of Ordinance No.42 for the first reading. ORDINANCE NO.42 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION INTO PINAL COUNTY, STATE OF ARIZONA,PURSUANT TO THE PROVISIONS OF TITLE 9,CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING THERETO CERTAIN TERRITORY PREVIOUSLY UNINCORPORATED AND CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION,ARIZONA REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. RESOLUTION NO.80-13 COMMUNITY ATTITUDE SURVEY ) )Vice -Mayor Granillo called upon the City Clerk to read the title of Resolution No.80-13. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA ENCOURAGING CITIZENS OF APACHE JUNCTION TO PARTICIPATE IN A COMMUNITY ATTITUDE SURVEY AND REQUIRING CONFIDENTIALITY IN THE SURVEY PROCESS. Vice -Mayor GranillocalledonKathy Anderson to answer questions of the City Council and the audience. CITY COUNCIL MINUTES REGULAR MEETING 4/16/80 Page 7 Kathy Anderson stated her interest on the Community Attitude Survey and that of the Planning Department coincide with the General Plan Development of the City.Shefurtherexplainedhow the results would be handled confidentially through the computer.Miss Anderson answered questions from the City,as well from the audience. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.80-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ENCOURAGING CITIZENS OF APACHE JUNCTION TO PARTICIPATE IN A COMMUNITY ATTITUDE SURVEY AND REQUIRING CONFIDENTIALITY IN THE SURVEY PROCESS,BE AND IS HEREBY ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. EXECUTIVE SESSION,MAY 7, 1980, 6:00 P.M. ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,THAN AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE, BE HELD ON THE 7TH DAY OF MAY,1980, AT 6:00 P.M. seconded the motion. VOTE:Unanimous Motion carried. INFORMATION AND REPORTS read the following letters into the record. Councilman Shanks Councilman Damiano Congress of the United States House of Representatives Washington,DC 20515 Dear Ms.Ballard, Thank you very, much for your recent letter which forwarded a resolution from the City Council regarding the need for a bridge at the crossing of the Salt -Gila Aqueduct and Baseline Road. I appreciate your bringing this matter to my attention. The City's interest inthisbridgeiscertainlyunderstandableand I will do all I can to be of assistance. writing,and best wishes. Thank you again for Yours sincerely, John J. Rhodes1stDistrict,Arizona Minority Leader CITY COUNCIL MINUTES REGULAR MEETING 4/ 1 6/80 Page 8 Arizona Department of Transportation Dear Ms.Ballard Mr.Ordway has asked that I respond to your letter of March 19,1980 concerning a bridge across the CAP Aqueduct and Baseline Road.Baseline Road is not theresponsibility of the Arizona Department of Transportation and,therefore, we would have no jurisdiction over a bridge on the route. I suggest you forward a copy of the resolution to the Pinal County Highway Department. Yours very truly, Oscar T.Lyon,Jr.,P.E. Assistant Director and State Engineer Congress of the United States House of Representatives Washington,D. C. 20515 Dear Isabel C.Ballard, Thank you for bringingto my attention the City Council's resolution of support for the construct- ion of a bridge at the crossing of the Salt -Gila Aqueduct and Baseline Road. With a view to being of assistance in this matter,I have taken i t up with the officials of the appropriate federal agency,requesting them to look into i t and to advise me fully about it.As soon as I hear from them, I will get in touch with you again. of service. I t is a privilege to be Sincerely, Eldon Rudd Member of Congress REQUESTS OF COUNCIL Councilman Eidson MOVED THAT THE CITY COUNCIL AUTHORIZE THE CITY STAFF TO DRAFT A LETTER,PLEDGING OUR SUPPORT AND OUR ASSISTANCE (MANPOWER ASSISTANCE)NECESSARY TO CLEAN UP THE MASSAGE PARLORS ALONG APACHE TRAIL.THE LETTER TO BE SENT TO JERRY HILL OF THE CITY OF MESSA,AND COUNTY ATTORNEY CHUCK HAGGARD WITH MARICOPA COUNTY. Councilman Shanks seconded the motion. VOTE:Unanimous Motion carried. Councilman Eidson statedthathe happened to be in Chief McDaniel's Office and he over heard the abusive language a man used toward the employees. CITY COUNCIL MINUTES REGULAR MEETING 4/ 1 6/80 Page 9 Councilman Eidson requested that he wanted i t know that the City Council will not standforcitizenscomingintoCityHall,using vulgar language on city employees and that the employees do not have to put up with it. ADJOURNMENT Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:42 P.M. Councilman Shanks seconded the motion. VOTE:Unanimous Motimcarried. APPROVED THIS 7th DAY OF May 1980, BY THE MAYOR AND CITY COUNCIL. ATTEST: Rich OesterleCityClerk • • W- or rginia Seem