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HomeMy WebLinkAbout1980-05-21 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING MAY 21,1980 A Regular Meeting of the City Council of the City of Apache Junction was held on May 21,1980, at the Apache Junction City Hall,pursuant to thenotice as required by law. CALL TO ORDER Mayor Virginia Seeman called the meeting to order at 7:15 P.M. at the Apache Junction City Hall. INVOCATION EnisoNCouncilmanShanks gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led in the Pledge of Allegiance. ROLL CALL Councilmembers present:Mayor Virginia Seeman,Jerry Burgess,Thomas Damiano, Jimmy Eidson,Norman Hill. Councilmembers absent:Vice -Mayor John Granillo,and Marie Shanks. Staff present: Others present: G.Ray Lee, City Manager Rich Oesterle,City Clerk Susan Goodwin,Assistant City Attorney Joe Gero,Director of Planning Marlis Davis,Director of Administrave Services George Baljo,1070 E.Navajo,Apache Junction Roy Hudson, 2084 W.9th Ave.,Apache Junction Arthur L.Strange,1173 Escondido,Apache Junction Joe Morvak,1224 S.Doran,Mesa Robert Dugger, 710 S. Lawson #17,Apache Junction Dan Andrews,1975 N. La Barge, Apache Junction Tommie Bain,Division of Mobile Manufacturing and Housing Standards ACCEPTANCE OF THE AGENDA )Councilman Eidson 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. the motion. VOTE:Unanimous Motion carried. Councilman Damiano seconded CITY COUNCIL MINUTES REGULAR MEETING 5/21/80 Page 2 ACCEPTANCE OF THE MINUTES OF SPECIAL MEETING,APRIL 29,1980 ) )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 SPECIAL MEETING OF APRIL 29,1980, BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:In favor:Councilman Burgess Councilman Hill Councilman Damiano Mayor Seeman Abstain:Councilman Eidson (not present at meeting) Motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING,MAY 7, 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 MAY 7, 1980, BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:In favor:Councilman Damiano Councilman Hill Mayor Seeman Abstain:Councilman Burgess (not present at meeting) Councilman Eidson (not present at meeting) Motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS ) ) Mayor Seeman presented Lieutenent Seder with the Certificate of Recognition announced at the Regular Meeting of May 7, 1980. CALL TO THE PUBLIC (PETITIONS) ) )City Clerk,Rich Oesterle, announced there were five requests from four individuals to speak as follows: Mr.Dan Andrews has two requests;(1)He asked i f the Council has changed thepriceoftheXeroxcopiesand(2) Mr.Andrews wished to address the City Council on off street parking. CITY COUNCIL MINUTES REGULAR MEETING,5/21/80 Page 3 Mayor Seeman explained that off-street parking is not on the Agenda and is scheduled for the next Council Meeting as a Public Hearing. City Clerk,Rich Oesterle, announced that Mr.Robert Dugger wished to address the Council on the Agenda Item No.5;Mr.Joe Morvak wished to address the Council on Agenda Item No.8; and Mr.Arthur Strange wished to address the Council on Agenda Item No.10. CITY MANAGER'S REPORT )City Manager Lee reported an up -date on the grant by the Governor's Highway Safety and has been advised that the City can proceed on the $62,000 grant.Secondly,the City Council/ Magistrate modular is on site and will be ready for public meetings by next Wednesday.Finally,the City now enjoys $31,000 in CETA grants which include 9 positions and the City has applied for $61,000 additional dollars for street crews. PUBLIC HEARINGS ORDINANCE NO.48,REZONING CASE PZ-7-80 AZURE SKIES SUBDIVISION (SECOND READING) ) Mayor Seeman read the rules on the procedure of the Public Hearing.Upon opening the Public Hearing on PZ-7-80,Ordinance No.48,(applicant Azure Skies Subdivision),Mayor SeemancalledontheDirector of Planning to brief the City Council and the public onthispetition. Planning Director,Joe Gero,explained that Rezoning Case PZ-7-80 is the application for rezoninglots13-39,52-73 and 86-112 inclusive,in the Azure Skies Subdivision.The requested rezoning is from Trailer Homesites (TH) to Single Family Residence (CR-3).The majority of the residences in the area did petition the commissionforthecommissioninitative. Mayor Seeman called on the applicant or spokesman for the petition.(No one spoke) Mayor Seeman called for any one in the audience that may wish to speak in favor of the petition.(No one spoke) Mayor Seeman called for anyone in the audience that may wish to speak in opposition of the petition. (No one spoke) Mayor Seeman called on the Planning Director for his recommendation. Planning Director,Joe Gero reported that the Planning and Zoning Commission recommends to the City Council the unanimous approval of this particular request and the Planning Director concurs with the Commission's recommendation. CITY COUNCIL MINUTES REGULAR MEETING,5/21/80 Page 4 Mayor Seeman closed the Hearing to the Public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING ORDINANCE NO.48,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No.48. City Clerk,Rich Oesterle, read as follows: ORDINANCE NO.48, 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 FOR CERTAIN PARCELS LOCATED IN APACHE JUNCTION, ARIZONA,FROM TRAILER HOMESITES (TH) TO SINGLE FAMILY RESIDENCE (CR-3),SAID PARCELS BEING THE SUBJECT OF REZONING CASE PZ-7-80; 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, ARIZONA,THAT ORDINANCE NO.48,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 FOR CERTAIN PARCELS LOCATED IN APACHE JUNCTION, ARIZONA,FROM TRAILER HOMESITES (TH) TO SINGLE FAMILY RESIDENCE (CR-3),SAID PARCELS BEING THE SUBJECT OF REZONING CASE PZ-7-80;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO.41,AMENDING ZONING ORDINANCE SECTION 2705,(FEE SCHEDULE)(SECOND READING)) ) Mayor Seeman opened the Public Hearing on PZ-6-80,Ordinance No.41.Mayor Seeman called on the Planning Director to brief the City Council and public on this petition. Planning Director,Joe Gero,explained that in the City Zoning Ordinance,Section 2705,entitled FEES,setsforth various fees for the building permits;the Zoning Ordinance was adopted following the adoption of the Uniform Building Code,therefore,byplacingSection2705 in the Zoning Ordinance, the Council nullified the fee CITY COUNCIL MINUTES REGULAR MEETING,5/21/80 Page 5 schedule in the Uniform Building Code.Mr.Gero futher explained why the fees should belong in the Uniform Building Code. Mr.Gero reported that the Planning and Zoning Commission by a 6 - 3 vote recommends to the City Council that proposed Ordinance No.41,be approved.The second part of the Planning and Zoning recommendation refers to Agenda Item No.8,Resolution No. 80-14. Mayor Seeman called for any one in the audience who wished to speak in favor of the petition.(No one spoke) Mayor Seeman called for any one in the audience who wished to speak in opposition of the petition. Mr.Robert Dugger,710 S. Lawson, #17, Apache Junction,commented that by raising the fees on building permits,the City Council will hurt the growth of Apache Junction and statedthathe is against raising fees. Mayor Seeman called on the Planning Director for his recommendation. Planning Director,Joe Gero, recommended that proposed Ordinance No.41,be approved. Mayor Seeman closed the Hearing to the public. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.41,BE READ BY TITLE ONLY,WITHOUT THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Burgess seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No.41. City Clerk,Rich Oesterle, read as follows: ORDINANCE NO.41 AN ORDINANCE OF.THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY REPEALING SECTION 2705 OF THE ZONING ORDINANCE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR SEVERABILITY. CITY COUNCIL MINUTES REGULAR MEETING,5/21/80 Page 6 Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.41,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY REPEALING SECTION 2705 OF THE ZONING ORDINANCE;PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. NEW BUSINESS ORDINANCE NO.47,AMENDING CITY CODE ON CITY COUNCIL MEETING LOCATION )City Manager Lee explained .that i t is necessary to have an emergency clause on Ordinance No.47, in order to have the next City Council meeting at the new location,and requested that the Mayor and Council consider a Special Meeting to consider this Ordinance. Mayor Seeman commentedthattheCityCouncil should have a Special Meeting so the City may accommodate more people at the Council meetings. Councilman Damiano MOVED THAT A SPECIAL MEETING FOR THE CONSIDERATION OF ORDINANCE NO.47,BE SET ON MAY 28TH, AT 5:30 P.M.,AT 150 N.OCOTILLO. Councilman Burgess seconded the motion. VOTE:Unanimous Motion carried. COMMUNITY SUMMER RECREATION PROGRAM Councilman Burgess provided a background explanation concerning the Community Summer Recreation Program in coordination with the Apache Junction School District. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CITY MANAGER'S ACTION TO PROVIDE THE CITY'S SHARE OF SUMMER RECREATION FUNDS IN THE AMOUNT OF $10,000 BE AND HEREBY IS RATIFIED. seconded the motion. VOTE:Unanimous Motion carried. Councilman Damiano CITY COUNCIL MINUTES REGULAR MEETING 5/21/80 Page 7 RESOLUTION NO.80-14,UNIFORM BUILDING CODE BUILDING PERMITS FEES ) Mayor Seeman explainedthatthisResolution would set the building permit fees by the Building Depart- ment in regards with that service. Mr.Joe Morvak,1224 S. Doran,Mesa, commented that he agrees that building permits as related to single family residence need to be increased,but they need to be put in proper line with the scope of the work being done.Mr.Morvak requested that the City Council consider a reasonable modifier in the increase. Mayor Seeman explained the personnel and costs involved in the Building Department. City Manager Lee addedthattheCityhas one Building Inspector that also doubles as a Zoning Admin-istrator,and one secretary.The Building Official's responsibility is that of the Director of Public Works. Mr.Joe Morvack asked if any way this evening before Resolution No. 80-14 is passed that the fee level would be set. Planning Director,Joe Gero,explained at great lengths the method of the fee schedule as set forth by the Uniform Building Cosde and the checks and balances that would be used in determining the cost of permit fees.Mr.Gero referred to a periodical called "Building Standard"published by the International Conference of BuildingOfficialsandfurther explained the modifiers for each particular state and average costs. Mr.Roy Hudson, 2084 W. 9th Avenue, Apache Junction,expressed that he felt that the City can not set the building fee by the cost of the department_He stated that one person should not set the fees,that the City Council should consider the recommend- ation of the Planning and Zoning Commission. Mayor Seeman read the recommendation of the Planning and Zoning Commission as presented in the City Council agenda packet with Ordinance No.41. Mr.George Baljo,1070 E.Navajo,Apache Junction,Chairman of the Planning and Zoning Commission expressed the views of the Planning and Zoning Commission and the reason for their recommendation on the 50% modifier. Mayor Seeman and Members of the City Council discussed at great lengths at what percentage the modifier would begin and the best way to start the program. Mayor Seeman called upon the City Clerk to read the title of Resolution No.80-14. CITY COUNCIL MINUTES REGULAR MEETING 5/21/80 Page 8 City Clerk,Rich Oesterle, read as follows: RESOLUTION NO.80-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA REAFFIRMING AND CLARIFY- ING THE BUILDING PERMIT FEES REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMITS PURSUANT TO THE PROVISIONS OF THE UNIFORM BUILDING CODE,1979 EDITION. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.80-14,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA REAFFIRMING AND CLARIFYING THE BUILDING PERMIT FEES REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMITS PURSUANT TO THE PROVISIONS OF THE UNIFORM BUILDING CODE,1979 EDITION, BE AND HEREBY IS ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman MOVED THAT THE CITY COUNCIL RECOMMEND TO THE BUILDING INSPECTOR TO USE A 60 PERCENT MODIFIER ON THE UNIFORM BUILDING CODE. Councilman Burgess seconded the motion. VOTE:Unanimous !'otion carried. APPOINTMENT OF AIRPORT COMMISSION MEMBERS ) ) Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT JOHN DRUMMOND AND DR.DAVE ROBINSON APPOINTMENT FOR A THREE YEAR TERM;AND WILLIAM-WRIGHT AND JOHN-FORSBERG APPOINTMENT FOR "A -TWO YEAR TERM; AND RICHARD OLTMAN APPOINTMENT FOR A ONE YEAR TERM;AND DR.. HOWARD DOWNS NON- VOTING MEMBER,APPOINTMENT FOR ONE YEAR TERM,To THE AIRPORT COMMISSION,EFFECT- IVE MAY 21,1980, BE AND HEREBY ARE APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. Dan Andrews,1975 N. La Barge,Apache Junction,asked on the cost of Xerox copies. Mayor Seeman answeredthatthecost will be ten cents (10 ) per copy i f there is no objection from any of the Councilmembers.(There were no objections.) CITY COUNCIL MINUTES REGULAR MEETING 5/21/80 Page 9 RESOLUTION NO.80-15,MOBILE HOME AGREEMENT )Arthur Strange,1173 Esconodido,Apache Junction,encouraged the City Council to pass this Resolution in the best interest of the citizens of the City of Apache Junction. Mr.Tommie Bain,Divisionof Mobile Manufacturing and Housing Standards,stated he was present to answer any questions the City Council may have. Mayor Seeman called upon the City Clerk to read the title of Resolution No.80-15. City Clerk,Rich Oesterle read as follows: RESOLUTION NO.80-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AND DIRECTING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS IN THE CITY OF APACHE JUNCTION, ARIZONA,TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA,DIVISION OF MOBILE AND MANUFACTURED HOUSING STANDARDS. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.80-15,A RESOLUTION OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS IN THE CITY OF APACHE JUNCTION,ARIZONA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA, DIVISION OF MOBILE AND MANUFACTURED HOUSING STANDARDS, BE AND HEREBY IS APPROVED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. EXECUTIVE MEETING,JUNE 4TH, 1980, AT 6:00 P.M. ) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON THE 4TH DAY OF JUNE, 1980, AT 6:00 P.M.,AT 1001 N.IDAHO. the motion. VOTE:Unanimous Motion carried. Councilman Hill seconded CITY COUNCIL MINUTES REGULAR MEETING 5/21/80 Page 10 INFORMATION AND REPORTS ) Mayor Seeman reminded the City Council and audience that KSTM has offered 15 minutes on City Hall. REQUESTS OF COUNCIL Mr.Arthur Strange,1173 Escondido,Apache Junction,complimented the City Council for their action on the Building Permit Fees,on using the 60 percent modifier. Councilman Damiano requested that the City Council review the Uniform Building Code fees in the near future or quarterly. ADJOURNMENT )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:16 P.M. Councilman Burgess seconded the motion. VOTE:Unanimous Motion carried. APPROVED BY THE MAYOR AND CITY COUNCIL 4th DAY OF June 1980. ATTEST: (VirgiAia Seeman Mayor Rich OesterleCityClerk