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HomeMy WebLinkAbout1981-07-01 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING JULY 1, 1981 The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on July 1,1981,at the Apache Junction Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:00 p.m. INVOCATION Councilman Shanks led the invocation. PLEDGE OF ALLEGIANCE Councilman Steelsmith led the Pledge of Allegiance. ROLL CALL Councilman Present:Councilman Shanks,CouncilmanSteelsmith,Councilman Damiano, Vice Mayor Hill,Mayor Clarke Councilman Absent: Councilman Eidson,Councilman Hudson Staff Present:City Manager,G.Ray LeeDirectorof Administrative Services/ City Clerk,Marlis J. DavisDirectorofPublicSafety,Bill McDanielDirectorofPlanning,Joe Gero Director of Public Works, Rich Broman Others Present:Mr.Robert Dugger 317 N. Sahuaro Mr.Ron Kell 646 E.Mesquite Mr.Dick Rabidue 575 W.23rd Ave Apache Jct.,AZ Apache Jct.,AZ Apache Jct.,AZ ACCEPTANCE OF THE AGENDA )Vice Mayor Hill 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. Councilman Damiano ARIZONA,THAT THE MINUTES OF THE MEETING OF JUNE 17,1981,BE,AND HEREBY ARE,ACCEPTED AS PRESENTED. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented Certificates of Appreciation to Councilman Steelsmith,Mr.Richard Oltman,and Mr.Sim Strickler for their service on the Planning and Zoning Commission, and to Mr.Joe Jessamine and Mr. William Nunn for their service on the Board of Adjustment. Mayor Clarke read a letter of appreciation and praise of the Apache Junction Police Department from Mr.Thomas Johnson. Mayor Clarke stated that it was evident that the City of Apache Junction address the charter government issue soon.He stated that i t is generally agreed by the City Council that charter government may be a good system for Apache Junction. Councilman Steelsmith stated that "this community has endured a bitterelection,in the last few months.Many factions of this city have hadtheirsay,and the people have spoken. They have given an overwhelming mandate for the existence of city government.I ask for all factions concerned to please bury the hatchet,to search out and bring forth an intangible spirit to the heart of this city that will give expression and purpose.During the last election,the possibility of a charter government,or home rule form of government,became a popular issue. I believe that the Mayor and all the members of this council have expressed a sincere interest in examining the charter form of government for ApacheJunction.The process of studying and adopting a charter may well be theunifyingand maturity course that will get Apache Junction moving in apositivedirection.This process will not be easy and it must be a process of all the community.This process must include the wide range of political,philisophical and social factions that exist in Apache Junction. Tonight,I know that there are several citizens who wish to express their desire to mend the fences and make a unified effort toexplore charter government.They have asked for time during the Call to the Public portion of the agenda.So, to begin this charter government process,that I think gives Apache Junction a new spirit of community understanding,I would like to move that this council adopt the followingresolution:" Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PROVIDE COUNCIL MEMBERS WITH A PROPOSED CALENDAR OUTLINING INITIAL STEPS REQUIRED TO FRAME A CHARTER FOR THE CITY OF APACHE JUNCTION NO LATER THAN AUGUST 1, 1981. BE IT FURTHER RESOLVED THAT THIS COUNCIL ADVERTISE AND ENCOURAGE LOCAL INTERESTED CITIZENS TO SUBMIT TALENT BANK APPLICATIONS FOR APPOINTMENT TO AN INTERIM BOARD TO STUDY THE ADVANTAGES OR DISADVANTAGES OF THE CHARTER FORM OF GOVERNMENT IN APACHE JUNCTION AND TO RENDER THEIR REPORT NO LATER THAN SIX (6)MONTHS FROM THEIR DATE OF APPOINTMENT. I feel through Council initiative, or citizen petitions,that we should proceed with the charter election.Let the people and the respected choices for freeholders get started now. A rather large majority ofpeople would like to be able to elect their mayor.Mr.DeBolske,of the League of Arizona Cities and Towns,stated that either we are ready now )or not ready for charter government.A committee would only be people who would be destined to be freeholders.Why do i t twice?Ipersonallyrecommendthatapetitionofthepeopleletthem decide bythe majority of signatures.I t should not be up to the Council or , 'City administration to decide this matter.I feel that it's in the hands of the people,and that's where i t should start." CALL TO THE PUBLIC Mr.Robert Dugger urged the Council to consider his opinions regarding the charter form of government. Mr.Ron Kell stated that he is a strong advocate for charter government. Mr.Dick Rabidue recommended an increase in funds for the Animal Control Department,upgrading Animal Control efficiency.Mr.Rabidue also congratulated the Animal Control Department on the work they have been doing. CITY MANGER'S REPORT Ray Lee reported to the Council that the Department of EconomicSecurity modular building will be on sight approximately July 16, 1981,and will be available for public use shortly thereafter. PUBLIC HEARINGS PROPOSED ORDINANCE NO.92,PZ-6-81 ROADHAVEN to the public.Mayor Clarke opened the meeting Director of Planning,Joe GerobriefedthepublicandCityCouncilontheproposedordinance. Mr.Michael Wolfe,AttorneyforRoadhavenResorts,provided information for the public and City Council. President of Roadhaven Resorts, Mr.Harry Bidwell added his recommendation for approval. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called on Director of Planning Joe Gero who stated that the Planning and Zoning Commission recommended approval of the application with the stated six requirements. ORDINANCE NO.92,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 TRAILER HOMESITE (TH)AND GENERAL RURAL (GR) TO TRAILER HOMESITE BY PLANNED DEVELOPMENT (TH/D);REPEALING ANY CONFLICTING PROVISION;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.102,P2-2-79 KUBLER )Mayor Clarke opened the meeting to the public. Mayor Clarke called upon theDirector of Planning,Joe Gero,to brief the public and City Council on the petition. Director of Planning,Joe GerostatedthereasonsforthePlanningCommissionsrecommendationtothe Council is twofold: (1)That approval would rectify the original error and affirm the previous Councils decision;(2)That the development in the area,including a portion of the subject property,is General Business (CB -2)use. Several years ago,Mr. Kubler submitted an application for rezoning (prior to staff being employed). There was a technical error in the legaldescription,confusing one parcel with another parcel.A second smaller parcel that the applicant requested rezoning for was correctly described to the Northerly right-of-way line of Highway 60.The parcel was not placed on the zoning map. The City has corrected the legal description of the second parcel to run to the center line of the highway.The reason for this, should the State of Arizona ever abandon any portion of the highway,thatportionwould be automatically zoned. The State of Arizona does requirethatallrezoningbe by Ordinance.That was the other portion of the procedure that was missed.The actual adoption by the Council provided a public hearing and the action was made by motion instead' of Ordinance. In effect,Mr.Kubler was a victim of circumstance of newness of the City. Mayor Clarke called upon theapplicanttopresentinformationregardingthepetition. Mr. Kubler requested that the approval be granted. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to theaplication.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon theCityClerktoread Ordinance No.102,P2-2-79,by title only for the first reading. City Clerk, Marlis Davis read as follows: ORDINANCE NO.102,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, PROPOSED ORDINANCE NO.101,PZ-11-81 RAYNETTE INVESTMENTS )Director of Planning,Joe Gerobriefedthe City Council and public on the petition.The Planning and Zoning Commission unanimously recommended approval,for the same reasons as the previous case. Mayor Clarke called on the applicant to provide information on the petition. Mr.Frank Coxon,representative of Raynette Investments,urged the Council to approve recommendation of thepetition. Mayor Clarke asked i f there was anyone who wished to speak in favor of,or in opposition to,the application, There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon theCity Clerk to read Ordinance No. 101,PZ-11-81,by title only for thefirstreading. City Clerk,Marlis Davis read as follows: ORDINANCE NO.101,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-11-81 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS 2 (CB -2);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WATER SYSTEMS EVALUATIONS AND SEWAGE DISPOSAL ALTERNATIVES ) )Director of Planning,Joe Gerobriefedthe Council and public on the item,and introduced the consultant, Mr.Paul Skagen from PRC Toups stating,the studies were completed June 11, 1981,and publicly presented after advertisement. Mr.Paul Skagqr. ,consultant from PRC Toups,answered questions from the Council and public on the studies. Mayor Clarke closed the meeting to the public. Mayor Clarke stated that the studies will be sent to the Planning and Zoning Commftstoel for review and recommendation. 'OLD BUSINESS PROPOSED ORDINANCE NO.97,PZ-9-81 BELLUCCl/RAGAN ), ) Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.97,BE READ BY TITLE ONLY,AND THE READING OF Mayor Clarke called upon theCityClerktoreadOrdinance No.97, PZ-9-81,by title only for the second reading. City Clerk,Marlis Davis read as follows: ORDINANCE NO.97,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-9-81 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB -2);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.97,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-9-81 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB -2);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY;BE AND HEREBY IS APPROVED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.104 ANIMAL CONTROL )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.104 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 104 by title only for the second reading. City Clerk,Marlis Davis read as follows: ORDINANCE NO.104,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE ARTICLE 6-1,RULES AND REGULATIONS, SECTIONS 6-1-5,PET SHOPS,6-1-6,ANIMAL KENNELS,ADDING SECTION 6-1-7, VETERINARY HOSPITALS;AMENDING ARTICLE 6-2,IMPOUNDING GENERALLY;SECTIONS6-2-3,IMPOUNDING FEES,AND 6-3-2,LICENSES AND TAGS GENERALLY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. 6-2,IMPOUNDING GENERALLY,SECTIONS 6-2-3,IMPOUNDING FEES,AND 6-3-2, LICENSES AND TAGS GENERALLY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES;BE AND HEREBY IS APPROVED. Vice Mayor Hill secondedthe motion. VOTE:Unanimous The motion carried. NEW BUSINESS APPOINTMENTS TO PLANNING AND ZONING COMMISSION )Mayor Clarke proposed to the Council that Mr.Richard Oltman and Mr.Robert Cosby be appointed to the Planning and Zoning Commission,and Mr.Roger Hall to fill the vacancy created by the resignation of Mr.Henry Steelsmith. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT MR.RICHARD OLTMAN AND MR.ROBERT COSBY BE AND HEREBY ARE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR THE TERM OF OFFICE TO EXPIRE JUNE 30,1984; BE IT FURTHER RESOLVED THAT MR.ROGER HALL BE AND HEREBY IS APPOINTED TO THE SAME COMMISSION TO FILL THE VACANT TERM CREATED BY THE RESIGNATION OF HENRY STEELSMITH,THE TERM TO EXPIRE JUNE 30,1983. Vice Mayor Hill secondedthe motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.81-11, GROUNDWATER LEGISLATION ) Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.81-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT THERE IS AN ADVERSE IMPACT OCCURRING WHICH IS SERIOUSLY RESTRICTING POTENTIAL AND NEEDED DEVELOPMENT IN THE CITY OF APACHE JUNCTION DUE TO THE PASSAGE OF THE ARIZONA GROUNDWATER MANAGEMENT ACT OF 1980,AS AMENDED; AND REQUESTING THAT PRUDENT AND TIMELY ACTION NECESSARY TO ALLEVIATE THIS ADVERSE IMPACT ON THIS ENTITY BE TAKEN BY THOSE WITH AUTHORITY,BE AND HEREBY IS APPROVED. Councilman Damiano secondedthe motion. VOTE:In Favor:Councilman Shanks,Councilman Steelsmith,Councilman Damiano, Vice Mayor Hill Abstained:Mayor Clarke Couhcilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION JULY 10,1981 )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 IN THE CITY MANAGER'S OFFICE ON JULY 10,1981, AT 6:00 P.M.FOR THE PURPOSE OF DISCUSSING PERSONNEL AND LEGAL MATTERS. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Councilman Hill thanked the staff for covering the window,so the sun was not in his eyes. Councilman Steelsmith announced that there was a Planning and Zoning Commission meeting to study equine rights and uses in the City of ApacheJunction,which was held,,Jurie 30,1981. REQUESTS OF COUNCIL Mayor Clarke introduced the new City Attorneys David Alexander and Arnold Hirsch. ADJOURNMENT There being no further business to discuss, Mayor Clarke adjourned the meeting at 8:30 p.m. APPROVED THIS 15th DAY OF JULY ,1981,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. WENDELL J.CLARK