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HomeMy WebLinkAbout1980-08-20 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING August 20,1980 The regular meeting of the City Council of the City of Apache Junction was held on August 20,1980,at the Apache Junction Council Chambers,pursuant to the notice required by law. CALL TO ORDER Vice Mayor John Granillo the City Council Chambers. INVOCATION The invocation was given PLEDGE OF ALLEGIANCE Vice Mayor John Granillo ROLL CALL Councilmembers present: Councilmembers absent: Staff present: Others present: ACCEPTANCE OF THE AGENDA BE IT RESOLVED BY THE MAYOR ARIZONA,THAT THE AGENDA BE the motion. VOTE:Unanimous called the meeting to order at 7:00 by Councilman Marie Shanks. led in the Pledge of Allegiance. P•m•in Councilman Marie Shanks,Councilman Jerry Burgess,Councilman Jimmy Eidson, Councilman Thomas Damiano,and Vice Mayor John Granillo Mayor Virginia Seeman, and Councilman Norman Hill G.Ray Lee,City Manager Rich Oesterle,City ClerkMarlisJ.Davis,Director,Administrative Services Joe Gero,Director of Planning Richard Broman,Director of Public Works Michael Curtis,City Attorney Lillian Castro,1381 W. Roundup Rd., Apache JunctionArthur Strange,1173 W.Escandito,Apache Junction Dr.Dave Robinson,524 Rennick Drive, Apache JunctionHarvey Morrison,1834 W. Roundup,Apache Junction ) Councilman Shanks MOVED THAT AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ACCEPTED AS PRESENTED. Councilman Damiano seconded Councilman Burgess secondedthe motion. VOTE:Unanimous. The motion carried. ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 6,1980 ) ) Councilman Shanks 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 AUGUST 6,1980,BE AND HEREBY ARE ACCEPTED AS PRESENTED. the motion. VOTE:In favor:Councilman Eidson Councilman Shanks Vice Mayor Granillo Abstain:Councilman Burgess Councilman Damiano The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Councilman Eidson seconded )) None. CALL TO THE PUBLIC (PETITIONS) ) )Vice Mayor Granillo called upon Mrs.Lillian Castro who wished to address the Council. Mrs.Lillian Castro,1381 West Roundup, Apache Junction spoke as chairman of the Citizens for Incorporation Committee.She stated that on the 21st of August the organization of which she was a member would be holding a meeting to give accurate information andanswer questions regarding maintaining the status of Apache Junction as an Incorporated City. CITY MANAGER'S REPORT ) )City Manager Ray Lee called upon Joe Gero,Director of Planning,to address the non -conforming inventorycurrentlyunderway. Joe Gero,Director of Planning addressed the issue of non -conforming use.He explained that the Associate Planner would be looking at each street in the City to determine whether or not there are any non -conforming uses in the City.He explainedthatif an individual abandons the non -conforming use for one year and one day the non -conforming use would not be allowed to continue.He stated i tis,therefore,the action of the property owner and not time that would allow non -conforming uses. City Manager Ray Lee askedDirector of Planning,Joe Gero,to explain the groundwater legislation. City Manager Ray Lee reminded the public of the dedication of the municipal complex on September 20th and encouraged everyone to attend. City Manager Ray Lee called upon the Director of Public Works to address the recent Building Departmentevaluation. Director of Public Works, Richard Broman,stated that recently there have been negative comments about the Building Department.He stated he solicited evaluations of the building department from eight licensed contractors.He stated they were selected whenfiles were researched to determine which builders had obtained permits for construction of at least two homes or major additions during 1980. He stated licensed builders were selected because they are responsible for other trades in construction and account for the majority of the work in the City.He added the control sheet,when reviewed,gave a very positive response and negated the accusations of inefficiency,etc. Councilman Eidson addressed, at length,the topic of disincorporation.He pointed out some of the positive aspects of remaining an incorporated community. PUBLIC HEARINGS PROPOSED ORDINANCE NO.55,PZ-7-79 JOHN R.SCHUSTER,REZONING (FIRST READING) the public hearing to the public. ))Vice Mayor Granillo opened Mr.John R.Schuster give background on what he has been doing prior to requesting the rezoning. Vice Mayor Granillo asked i f there was anyone in the public who wished to speak in favor of the petition. Vice Mayor Granillo asked i f there was anyone in the public who wished to speak against the petition. There being no one in thepublic wishing to address the petition,Vice Mayor Granillo called upon theDirector of Planning for his recommendation. Director of Planning,Joe Gero spoke in favor of the rezoning. Vice Mayor Granillo called upon the City Clerk to read the title of the proposed Ordinance number 55for the first reading. City Clerk,Rich Oesterle, read as follows: ORDINANCE NO.55,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-S/PD); REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. Vice Mayor Granillo askedthePlanningDirectortobrief the Council and public on this petition. Director of Planning,Joe Gero,gave a background on the petition.He stated that since the public hearing the City has received a written communication from a Mr.and Mrs.Hobbs who live about two hundred feet to the south and on the west side of Grand Avenue. He stated they are concerned with the possibility of flooding on theirpropertyi f the petition should be approved.Mr.Gero stated he is of theopinionthat when this particular project was designed, the applicant would have to deal with the question of water flow and at that point in time it would be appropriate to address.He added the Hobbs' have been contacted and informed of the status.He concluded that at the present time there appears not to be a problem that needs to be dealt with. Vice Mayor Granillo askedthattheapplicantorhisspokesmanpresentinformation regarding the petition. Mr.Robert Lawther,156NorthFrazierDrive,West,in Mesa stated he did not have anything to say, but would answer questions i f the Council had any. Vice Mayor Granillo askedif anyone in the public wished to speak in favor of the petition. Vice Mayor Granillo askedif anyone in the public wished to speak in opposition to the petition. Vice Mayor Granillo called upon the Planning Director for his recommendation. City Planner Joe Gero recommended approval of the petition. Vice Mayor Granilloclosedthepublichearingtothepublic. Vice Mayor GranillocalledupontheCityClerkto read the title of the proposed Ordinance number 56 for the first reading. City Clerk,Rich Oesterle read as follows: ORDINANCE NO.56,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-12-79 FROM GENERAL RURAL (GR)TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PUBLIC HEARING PROPOSED ORDINANCE NO.57,PZ-12-80 BOARD OF ADJUSTMENT MEMBERSHIP (FIRST READING)) )Vice Mayor Granillo opened the meeting to the public. Vice Mayor Granillo asked Mr.Jessamine stated the Board of Adjustment feels five members is insufficient at the present time because i t is sometimes difficult to get a quorum;and seven members would make i t less difficult. Vice Mayor Granillo askedif there was anyone in the audience who wished to speak in favor of the petition. Vice Mayor Granillo asked i f there was anyone in the audience who wished to speak in opposition to thepetition. There being no one wishing to address the Council on this item,Vice Mayor Granillo closed the meeting to the public. Vice Mayor Granillo called upon the City Clerk to read the title of proposed Ordinance 57 for the first reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.57,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING SECTION 2701 OF THE ZONING ORDINANCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.62,PZ-15-80 PARKING AND LOADING AMENDMENT (WITH EMERGENCY CLAUSE) the meeting to the public. ))Vice Mayor Granillo opened Vice Mayor Granillo called upon the Director of Planning to brief the City Council and the public on thepetition. Planning Director Joe GerobriefedtheCouncilandthepubliconthepetition.He suggested that the Council might want to take this recommendation under advisement in order tothinkabout whether they want to have an ad hoc committee,i f they do want a committee,what form i t should take,and what they would be charged with. He stated staff would also recommend proposed Ordinance No. 62 for the purposeof eliminating, for the time being,areas that are creating community difficulties. Vice Mayor Granillo asked i f there was anyone in the audience wishing to address this item. Mr.Arthur Strange, 1173 West Escandito stated he is concerned about this proposal because i tpertainstoprivatedriveways.He stated he understands that the amendment would eliminate the requirement for the time being.He added he cannot see any reason to burden the people with hundreds to thousands of dollars to paveprivatedriveswhentheproblemistheCity's streets. Vice Mayor Granillo called upon the Planning Director for his recommendation. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO.62,BE READ BY TITLE ONLY,WITHOUT THE EMERGENCY CLAUSE FOR THE FIRST READING. Councilman Damiano seconded the motion. City Clerk Rich Oesterle stated,as a point of information, that the emergency clause could be left onforthefirstreadingthenatthenext meeting the emergency clause would remain on the Ordinance and be passed at that time. motion to include the emergency clause. the amendment to the motion. if there was any discussion on the motion. VOTE:Unanimous The motion carried. Councilman Shanks amended the Councilman Damiano seconded Vice Mayor Granillo asked Vice Mayor Granillo called upon the City Clerk to read Ordinance No.62 with the emergency clause. City Clerk Rich Oesterle read as follows: ORDINANCE NO.62,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING ORDINANCE NO.34 BY DELETING SUBSECTION 21.02 (2),21.03 (1)AND 21.03 (17);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. a ten minute recess. the meeting back to order. UNFINISHED BUSINESS (TABLED ITEMS) NEW BUSINESS AWARDING OF BID,PROJECT NO.PW-80-7 STREET SIGN,POST,AND HARDWARE i f the Council had any comments on the item. )) Vice Mayor Granillo called Vice Mayor Granillo called None. Vice Mayor Granillo asked City Manager Lee called upon the Director of Public Works to explain the grant process. Director of Public Works Vice Mayor Granillo stated inregardtogrants,the money involved is money that has already been paid by the citizens in state and federal taxes and the only way to recover the money and bring i t back into the community is for Apache Junction to continue to remain a city;if Apache Junction is not an incorporated City i t is not eligiblefor grants.He added money would go to other incorporated cities who will put i t to good use. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT BID PROJECT NO.PW-80-7 STREET SIGN PANELS,POST AND HARDWARE BE AND HEREBY IS AWARDED TO SAFETY ENGINEERING AND SUPPLY CO.,INC.,IN THE AMOUNT OF THIRTY-FOUR THOUSAND,TWO HUNDRED SEVEN DOLLARS AND THREE CENTS ($34,207.03)IN ACCORDANCE WITH THE REQUIREMENTS AS STIPULATED IN THE INSTRUCTIONS TO BIDDERS AND AS RECOMMENDED BY THE DIRECTOR OF PUBLIC WORKS. Councilman Damiano secondedthe motion. Vice Mayor Granillo asked i f there was any discussion of the item. VOTE:UNANIMOUS The motion carried. RESOLUTION NO.80-25, AIRPORT INTERGOVERNMENTAL AGREEMENT )Vice Mayor Granillo asked i f there were any comments from the City Council on the item. Vice Mayor Granillo recognized Dr.Robinson who wished to address the item. Dr.Dave Robinson,524 North Rennick Drive,Apache Junction,provided an explanation of the intergovernmental agreement being presented to the Council. Vice Mayor Granillo asked i f there were any questions concerning the airport. There being no questions, Vice Mayor Granillo called upon the City Clerk to read Resolution 80-25. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-25,A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT RESOLUTION NO.80-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA,DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION FOR THE PURPOSE OF PREPARING AN AIRPORT MASTER PLAN AND SITE SELECTION STUDY FOR APACHE JUNCTION,ARIZONA. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.80-25,A RESOLUTION OF THE MAYOR AND CITY COUNCIL i f there were any questions on the item. VOTE:Unanimous The motion carried. Vice Mayor Granillo asked RESOLUTION NO.80-24 HIGHWAY MAINTENANCE INTERGOVERNMENTAL AGREEMENT) )Vice Mayor Granillo asked i f there were any questions on the item. Councilman Shanks commentedthattheovergrowthof cacti and trees would be eliminated through this inter- governmental agreement. Vice Mayor Granillo called upon the City Clerk to read the title of Resolution number 80-24. read as follows:City Clerk Rich Oesterle RESOLUTION NO.80-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE MAINTENANCE OF HIGHWAYS U.S.60 AND S.R. 88 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA THAT RESOLUTION NO.80-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE MAINTENANCE OF HIGHWAYS U.S.60 AND S.R. 88 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT BE AND HEREBY IS ADOPTED. the motion. if there were any questions on this item. VOTE:Unanimous The motion carried. Councilman Eidson seconded Vice Mayor Granillo asked RESOLUTION NO.80-26 SPEED LIMIT CHANGES )Vice Mayor Granillo called upon the City Clerk to read Resolution 80-26 by title. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-26,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, INCREASING THE SPEED LIMIT ON THOSE STREETS KNOWN AS BROADWAY, IRONWOOD,AND IDAHO ROAD WITHIN THE CITY LIMITS OF APACHE JUNCTION ARIZONA BE AND HEREBY Councilman Burgess statedthatStateLawsets the speed limits for school zones. There being no furtherquestions,Vice Mayor Granillo called for a vote. VOTE:Unanimous The motion carried. INTERGOVERNMENTAL AGREEMENT APACHE JUNCTION/PINAL COUNTY -ANIMAL CONTROL ) )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA THAT THE MAYOR BE AND HEREBY IS AUTHORIZED AND DIRECTED TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ANIMAL CONTROL. Councilman Damiano seconded the motion. Vice Mayor Granillo askedif there were any questions on the motion. Councilman Shanks asked that the City Manager give the terms of the agreement on how long and why the agreement would be in existance. City Manager Ray Lee statedthatinaccordance with a joint meeting of the County/City officials,i t appears to be in the best interest of all concerned that the City take over animal control services as of September 1st.The County had stated they would continuetheirlevelofservicefor$25,000 annually.The Director of Public Safety has assured the City that Animal Control services provided by the City will beavailableeffectiveSeptember1st.The contract would,therefore, apply onlyforthe months of July and August of this fiscal year. Vice Mayor Granillo recognized Mr.Harvey Morrison who wished to address the item. Mr.Harvey Morrison,1834 W. Roundup, Apache Junction wished to know what could be done with animal control because on the property next to his home there is a pig pen,a calf pen,and the manure finds its way into his yard.He stated he felt i t to be a health hazard.He asked who he should contact;and added that when he has contactedCity officials he has been told it was private property and nothing could be done. Councilman Shanks calledfor the question. VOTE:Unanimous The motion carried. Councilman Burgess asked City Manager Lee who Mr.Morrison should approach to have the problem taken care of. PROPOSED ORDINANCE NO.64, AMENDING CHAPTER 8, BY ADDING SECTION 8-3-3 (C)(EMERGENCY CLAUSE) )Councilman Shanks askedCity Attorney Michael Curtis i f the emergency clause could be left in. City Attorney Michael Curtisstatedthat would be acceptable. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.64,BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,FOR THE FIRST READING. Councilman Burgess seconded the motion. Vice Mayor Granillo called upon the City Clerk to read Ordinance No.64,by title only with the emergency clause. City Clerk Rich Oesterle read as follows: ORDINANCE NO.64,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA REPEALING CHAPTER 8,SECTIONS 8-5-23,8-3-3.A.3 AND 8-3-3.A.4 OF THE CITY CODE,AMENDING CHAPTER 8,ARTICLE 8-3-3 OF THE CITY CODE BY ADDING SECTION 8-3-3 (C);REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY,AND DECLARING AN EMERGENCY. RESOLUTION NO.80-27, COMMUNITY SWIMMING POOL GRANT APPLICATION )Vice Mayor Granillo called upon the City Clerk to read Resolution No. 80-27 by title only. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS TO CONSTRUCT A COMMUNITY SWIMMING POOL;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.80-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS TO CONSTRUCT A COMMUNITY SWIMMING POOL; AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. Councilman Eidson seconded the motion. Vice Mayor Granillo asked if any member of the Council wished to address this item. Councilman Burgess stated he would like to have something provided for the youth of the community and the swimming pool would be a good thing.He stated that since incorporation, RESOLUTION NO.80-28,AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT) )Vice Mayor Granillo called upon the City Clerk to read the title of the Resolution No.80-28. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-28,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE APACHE JUNCTION UNIFIED SHCOOLS BOARD OF EDUCATION;AND DECLARING AN EMERGENCY. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.80-28,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOLS BOARD OF EDUCATION:AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried (5 -0). City Manager Ray Lee pointed out that Associate Planner,Mr.Chuck Newcomer,could answer any questions the Council or the public might have on this item. EXECUTIVE SESSION, SEPTEMBER 3,1980, AT 6:00 P.M. ) ) Councilman Shanks 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 THIRD DAY OF SEPTEMBER,1980,AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS ) )Mr.Ron Kale,860 E. David Avenue, Apache Junction,showed the public and City Council his Tee-shirt supporting the City of Apache Junction. REQUESTS OF COUNCIL )) None. VOTE:Unanimous The motion carried. APPROVED THIS 3rd DAY OF September ,1980 BY THE MAYOR AND CITY COUNCIL. VTRGINfIA SEEMAN Mayor ATTEST: RICH OESTERL( City Clerk