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HomeMy WebLinkAbout1981-05-20 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING MAY 20,1981 The regular meeting of the City Council of the City of Apache Junction,Arizona, was held on May 20,1981,at the Apache Junction Council Chambers,pursuant to notice required by law. CALL TO ORDER Mayor Seeman called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson led the invocation. PLEDGE OF ALLEGIANCE The Council and public participated in the Pledge of Allegiance. ROLL CALL Councilmembers Present:Councilman Thomas Damiano, Councilman Jimmy Eidson,Councilman Norman Hill,Councilman Shanks,Vice Mayor John Granillo,and MayorVirginiaSeeman Councilmember Absent:Councilman Jerry Burgess Staff Present:City Manager G.Ray LeeDirector of Administrative Services/City Clerk Marlis J.DavisDirector of Public Safety Bill McDanielDirector of Planning Joe GeroDirector of Public Works Rich Broman Building Official Leo Frazier Mayor Seeman congratulated the voters of Apache Junction who during the General Election spoke in majority to keep City government,she congratulated the fellow Councilmembers who were re-elected,and she then congratulated the newly elected officials.She stated as a citizen of Apache Junction she isappreciativeand proud of their desire to serve the City.She wished them well. ACCEPTANCE OF THE AGENDA )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT THE AGENDA BE ACCEPTED AS PRESENTED. motion. VOTE:Unanimous Councilman Hill seconded the VOTE:Unanimous The motion carried. ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF MAY 6, 1981 ) Mayor Seeman stated that in the minutes under "Awards,Presentations,and Communications"should readPinal/Gila Senior Citizens rather than Catholic Social Services. Councilman Shanks statedthattheBaby Debut should read "first annual baby debut"rather than "second". Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MINUTES OF THE REGULAR MEETING OF MAY 6, 1981 BE AND HEREBY ARE ACCEPTED AS CORRECTED. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Seeman presented the Supervisor of the Community Services Division,Jeff Bell,with certificates recognizing him for the programs he has organized. Mayor Seeman presented Mr.Roy Hudson with a Certificate of Appreciationfor his service on the Planning and Zoning Commission. Mayor Seeman stated there would be a special worksession with the Equine Commission to be chaired by Henry Steelsmith to be held on May 28,1981 at 7:30 p.m. in the Community Services Building.She 'stated it would be a joint meeting with theldPlanning and Zoning Commission and the past and present City Council,and the general public. CALL TO THE PUBLIC Mayor Seeman opened the meeting to the public.There being no one wishing to address the public,Mayor Seeman closed the meeting to the public. CITY MANAGER'S REPORT City Manager Ray Lee stated on behalf of staff he would like to congratulate the successful candidates and offer any staff assistance needed. He further stated he would like to reserve time at the meeting of June 3, 1981 to express appreciation to the Mayor.He stated his second item was the City Clerk's report on the recentelection. City Clerk Marlis Davis assured the Council and the successful candidates of the General Election that the City Clerk's office has conducted the GeneralElectioninstrictconformance with the Arizona Revised Statutes. City Planner Joe Gero gave background on the proposed rezoning and stated the Planning and Zoning Commission voted to recommend the petition for approval to the City Council. Mayor Seeman asked i f there was anyone in the audience wishing to speak either in favor of,or in opposition to, the petition.There being no one wishing to address the Council,the Mayor closed the meeting to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE READING OF ORDINANCE NO.89,BE READ BY TITLE ONLY FOR THE SECOND READING AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read Ordinance No. 89 by title only for the second reading. City Clerk Marlis Davis read as follows: "ORDINANCE NO.89,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-3-81 FROM GENERAL RURAL (GR)TO TRAILER HOMESITE (TH)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,THAT IN ZONING CASE PZ-3-81,APPLICATION OF HARVEY AND DOROTHY MORRISON,ALSO KNOWN AS ORDINANCE NO.89,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-3-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH)REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED.BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE THOSE REASONS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE. Councilman Hill seconded the motion. The reasons adopted by the Commission to support the recommendation were: 1. The subject property is small and the requested rezoning is compatible with the existing neighborhood land uses and development patterns. 2. Housing trends and choice in the neighborhood have been toward mobile homes on smaller lots. 3.Approval of the rezoning request would not constitute "spot zoning" because of the existing zoning and nature of the neighborhood. VOTE:Unanimous The motion carried. City Planner Joe Gero explained the reason for the proposed ordinance is that there is a provision in Section 2306 of the zoning ordinance that is both vague and misleading. Mayor Seeman asked i f there was anyone wishing to speak either in favor of,or in opposition to the petition. There being no one wishing to address the Council on the petition,Mayor Seeman closed the meeting to the public.Mayor Seeman then called upon the Director of Planning for his recommendation. City Planner Joe Gero stated both the Planning and Zoning Commission and the Department of Planning recommend approval of this provision. 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.96,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCity Clerk to read Ordinance No.96 by title only with the emergency clause. City Clerk Marlis Davis read as follows: "ORDINANCE NO.96,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 2306 BY DELETING SAID SECTION, REPEALING ANY CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY." Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN ZONING CASE PZ-10-81,BY COMMISSION INITIATIVE ALSO KNOWN AS ORDINANCE NO.96,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 2306 BY DELETING SAID SECTION;REPEALING ANY CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY,AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE THOSE REASONS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.98,SN-1-81 ASSIGNING STREET NAMES (FIRST READING WITH EMERGENCY CLAUSE) ) Mayor Seeman stated thepetitionwasafirstreadingwiththe emergency clause and was made by Planning Mayor Seeman asked i f there was anyone in the audience wishing to speak either in favor of,or in opposition to, the petition.There being no one wishing to address the Council,Mayor Seeman closed the meeting 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.98,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCity Clerk to read Ordinance No. 98 by title only for the first reading. as follows: City Clerk Marlis Davis read "ORDINANCE NO.98,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING SECTION 1325,ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES,INCLUDING AMENDING BY REFERENCE THE MAP ENTITLED 'OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA'BY PROVIDING FOR THE NAMING OF 'OUTPOST ROAD',REPEALING ANY CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY, 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 IN STREET NAMING CASE,SN-1-81,BY COMMISSION INITIATIVE,ALSO KNOWN AS ORDINANCE NO.98.,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE, BY AMENDING SECTION 13-2-5,ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES,INCLUDING AMENDING BY REFERENCE THE MAP ENTITLED "OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA", BY PROVIDING -FOR THE NAMING OFHOUTPOST ROAD', REPEALING ANYCONFLICTINGTROVISIONS,PROVIDING FOR SEVERABILITY,AND DECLARINGiAN EMERGENCY,BE AND HEREBY .IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE THOSE REASONS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.91,PZ-5-81 ALLEN MC LAUGHLIN REZONING (SECOND READING)) ) Mayor Seeman stated this item was a second reading,the public hearing was conducted at the meeting of May 6, 1981.She asked i f there was any discussion by Council. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, Mayor Seeman called upon theCityClerkto read Ordinance No. 81 by title only for the second reading. City Clerk Marlis Davis read as follows: "ORDINANCE NO.91,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-6-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH);REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY." Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN ZONING CASE PZ-5-81,APPLICATION OF ALLEN W. MC LAUGHLIN ALSO KNOWN AS ORDINANCE NO.91,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-5-81 FROM GENERAL RURAL (GR)TO TRAILER HOMESITE (TH),REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE AND HEREBY IS APPROVED AND ADOPTED.BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE. Councilman Damiano seconded the motion. The reasons provided by the Commission were: 1. The subject property is small and the requested rezoning is compatible with existing neighborhood land uses and development patterns. 2. Housing trends and choice in this neighborhood have been toward mobile homes on smaller lots. 3.Approval of the rezoning request will not constitute "spot zoning" because of the existing zoning and nature of the neighborhood. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.93,PZ-7-81, FLOYD R.DAVIS REZONING (SECOND READING) ) Mayor Seeman stated this item was having its second reading;the first reading had been conducted at the meeting of May 6,1981. She asked i f there was any input by the Council. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT PROPOSED ORDINANCE NO.93,BE READ BY TITLE ONLY FOR THE SECOND READING,AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN ZONING CASE PZ-7-81,APPLICATION OF FLOYD R.DAVIS,ALSO KNOWN AS ORDINANCE NO.93,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-7-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH);REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AND ADOPTED.BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE. Councilman Damiano seconded the motion. The reasons adopted by the Commission were: '1.The subject property is small and the requested rezoning is compatible with existing neighborhood land uses and development patterns. 2. Housing trends and choice in this neighborhood have been toward mobile homes on smaller lots. 3.Approval of the rezoning request will not constitute "spot zoning" because of the existing zoning and nature of the neighborhood. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.99, AMENDMENT TO THE UNIFORM PLUMBING CODE (SECOND READING) ) Mayor Seeman stated this item is for second reading,the first reading was conducted at the Council meeting of May 6, 1981. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT THE READING OF ORDINANCE NO.99 BE READ BY TITLE ONLY FOR THE SECOND READING,AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read Ordinance No. 99 by title only for the second reading. City Clerk Marlis Davis read as follows: "ORDINANCE NO.99,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING SECTION 608 OF THE UNIFORM PLUMBING CODE,1979 EDITION; BY ADDING SECTION 608 (c)(1);PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED VOTE:Unanimous The motion carried. NEW BUSINESS: RESOLUTION NO.81-08, NOTICE OF INTENT TO ENTER INTO CONTRACT WITH CENTRAL ARIZONA PROJECT ) Mayor Seeman called upon the City Clerk to read Resolution No. 81-08 by title only. City Clerk Marlis Davis read as follows: "RESOLUTION NO.81-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, SETTING FORTH ITS INTENT TO CONTRACT FOR THE DELIVERY OF MUNICIPAL AND INDUSTRIAL WATER OF THE CENTRAL ARIZONA PROJECT,IN THE EVENT THE PRIVATE WATER COMPANIES NOW SERVING THE CITY FAIL TO ENTER INTO CONTRACTS FOR THE PURCHASE OF CENTRAL ARIZONA PROJECT WATER." Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.81-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA SETTING FORTH ITS INTENT TO CONTRACT FOR THE DELIVERY OF MUNICIPAL AND INDUSTRIAL WATER OF THE CENTRAL ARIZONA PROJECT, IN THE EVENT THE PRIVATE WATER COMPANIES NOW SERVING THE CITY FAIL TO ENTER INTO CONTRACTS FOR PURCHASE OF CENTRAL ARIZONA PROJECT WATER,BE,AND HEREBY IS, APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CHAMBER OF COMMERCE REQUEST FOR JULY 4, 1981 FIREWORKS DISPLAY )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE REQUEST BY THE APACHE JUNCTION CHAMBER OF COMMERCE TO DISPLAY FIREWORKS AT THE APACHE JUNCTION HIGH SCHOOL ON JULY 4,1981,BE AND HEREBY IS APPROVED. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. RESIGNATION FROM PARKS AND RECREATION COMMISSION ) )Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT THE RESIGNATION OF MR.GERALD BRIGHT FROM THE PARKS AND RECREATION COMMISSION BE ACCEPTED WITH REGRET. APPOINTMENT TO PARKS AND RECREATION COMMISSION ) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT TAMI KIRKHAM BE APPOINTED TO FILL THE UNEXPIRED TERM OF MR.GERALD BRIGHT ON THE PARKS AND RECREATION COMMISSION. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,JUNE 3, 1981 )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,June 3, 1981 IN THE CITY MANAGER"S CONFERENCE ROOM FOR THE PURPOSES OF DISCUSSING LEGAL AND PERSONNEL MATTERS. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS The was no information and there were no reports. REQUESTS OF COUNCIL Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT PAT SMITH BE,AND HEREBY IS APPOINTED,TO THE APACHE JUNCTION,ARIZONA PLANNING AND ZONING COMMISSION TO FILL THE VACANT TERM CREATED BY THE RESIGNATION OF ROY HUDSON, THE TERM TO EXPIRE JUNE 30,1981;AND FURTHER THAT THE SAID PERSON SHALL BE APPOINTED FOR THE ADDITIONAL THREE YEAR TERM TO EXPIRE JUNE 30,1984. the motion. VOTE:Unanimous The motion carried. ADJOURNMENT the Mayor adjourned the meeting at 8:05 p.m. Councilman Shanks seconded ) There being no further business, APPROVED THIS ,g )"-(1 DAY OF 9{,biuQj ,1981 BY THE MAYOR AND CITY COUNCIL. /7