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HomeMy WebLinkAbout1981-12-16 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING DECEMBER 16,1981 The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on December 16,1981,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 Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Hudson led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Hudson,Councilman Steelsmith,Councilman Damiano, Councilman Shanks,Councilman Eidson,Vice Mayor Hill, Mayor Clarke Acting City Manager/Director of Public Safety,Bill McDaniel Acting City Clerk/Deputy CityClerk,Kathy ConnellyDirector of Planning,Joe GeroDirectorofPublicWorks, Rich BromanCity Attorney,Arnold Hirsch Mr.Ken HamblinDistrictTraffic Supervisor ADOT Highway Division District 7 Highway 60 P.O.Box 2717 Globe,Arizona 85501 Mr.David OliverasTrafficEngineer Ms Sylvia Stevens 612 North Signal Butte Apache Junction,Arizona 85220 ACCEPTANCE OF THE AGENDA ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 2,1981 )Vice Mayor Hill 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 DECEMBER 2, 1981 BE AND HEREBY ARE,ACCEPTED. Councilman Damiano seconded the motion. VOTE:. Unanimous The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS NONE CALL TO THE PUBLIC Ms Midge Conway, 902 South Ocotillo Drive,Apache Junction,Arizona,reported on the Charter Government Committee,stating that the meeting dates have been changed to the second and fourth Thursday of every month.Ms Conway invited public input. CITY MANAGER'S REPORT Acting City Manager,Bill McDaniel,commended the Department of Public Works on the cleanup on the Plaza Drive intersection. Director of Public Works, Rich Broman,stated that the striping in the Highway 88 passing zone has been redone.Mr.Broman introduced Mr.Ken Hamblin,District Traffic Supervisor,who addressed the Council regarding the reduction of the 45 MPH speed limit on Highway 60 through Apache Junction. Mr.Hamblin introduced Mr.David Oliveras,Traffic Engineer in charge of State-wide operations,who addressed the study conducted on the speed limit.The procedure and results were explained,those being that the speed limit should stay as is,since the studies showedthatthisis what the average,prudent driver can and will safely drive. Councilman Hudson stated that the normal population of Apache Junction does not drive that fast. Mr.McDaniel,stated that the Apache Junction Department ofPublicSafetyaccidentstatisticsindicatedagreaterrate of accidents and fatalities. Several Councilmen r equested that the Department of Transportationre-evaluate the study on the average speed limit on Highway 60 through Apache Junction. Mayor Clarke stated that it was obvious that the Council and public were unhappy with what the Department of Transportation study results were,and that special attention should be given to the problem since APPLICATION FOR TRANSFER OF LIQUOR LICENSE, LUCKY BOPS LIQUORS. ) )Mayor Clarke opened the hearing to the public. 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. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 9 LIQUOR LICENSE FOR LUCKY BOB'S LIQUORS TO JOSEPH J.VOLLARO,BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hudson seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.116, PZ-18-81,HARE )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.116,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 ActingCityClerktoreadOrdinance No.116,by title only for the second reading. Acting City Clerk,Kathy Connelly, read as follows: ORDINANCE NO.116,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-18-81 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS ZONE (CB -2);REPEALING CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.116,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AMENDING Councilman Hudson seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.81-23, SUPPORT OF EAST VALLEY COALITION) )Mayor Clarke called upon Ms Sylvia Stevens,representative of the East Valley Coalition. Ms Stevens,612 North Signal Butte, Apache Junction,a Social Worker employed by Mesa Lutheran Hospital attached to the Apache Junction. Medical Center,explained the purpose of the resolution and requested that the City give their support.Ms Stevens stated that the East Valley is very concerned by the attitude of the State governmentofficialsregardingdistributionof funds for human services,and the purpose of the East Valley Coalition is to urge the Governor's office to base the distribution of funds on population and growth. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.81-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ENDORSING THE DISTRIBUTION OF HUMAN SERVICES FUNDS AMONG ARIZONA CITIES IN A MANNER WHICH IS EQUITABLE AND TAKES INTO CONSIDERATION THE POULATION GROWTH,BE AND HEREBY IS,APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CONTRACT FOR ACQUISITION OF LIBRARY )Acting City Manager,Bill McDaniel,statedthattheapprovalof the contract was not feasible until the City could locate the funds in the budget to finance the needs of the Apache Junction Library. Councilman Damiano asked that i f by "needs", Mr.McDaniel was referring to salary,electric bills and other areas of upkeep. Mr.McDaniel confirmed this. Councilman Steelsmith commended the Mayor and the Library Association on their efforts in trying to arrange this contract, despite the present problems. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,TO TABLE AND CONTINUE THIS AGENDA ITEM ON THE LIBRARY CONTRACT TO 7:00 P.M.,JANUARY 5,1982,IN THE APACHE JUNCTION CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. the Department of Public Works studies ordinances of 14 Arizona cities,the standard format of the League of Arizona Cities and Towns,and other sourcesforinformation on cable television. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT NO FURTHER ACTION BE TAKEN IN REGARD TO INVESTIGATING OR DEVELOPING CABLE TELEVISION FOR THE CITY OF APACHE JUNCTION, UNTIL OTHER CITY PRIORITIES ARE ADDRESSED OR SATISFIED AND THE DECISION OF THE CONGRESS IS KNOWN WITH REGARD TO CABLE TELEVISION REGULATIONS. Councilman Damiano seconded the motion. Vice Mayor Hill informed the Councilthatthereasonfor the request to consider cable television for Apache Junction was that several citizens had made inquiries and the revenue generated by cable television was much needed by the City. Councilman Hudson confirmed that theCityisnotdroppingtherequest,but discontinuing i t until otherprioritiesareaddressed and satisfied. Vice Mayor Hill stated that the representatives from the cable television companies in the past were not speaking to sell, but were there to inform the Council and public of the benefits of cabletelevision. Councilman Hudson stated that moreinvestigationandtime was needed in the issue. VOTE:In Favor:Councilman Hudson, Councilman Shanks,CouncilmanSteelsmith,Councilman Damiano,Mayor Clarke. Opposed:Vice Mayor Hill The motion carried. WORK SESSION,JANUARY 5, 1982 ) )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A WORK SESSION BE HELD IN THE CITY HALL OF APACHE JUNCTION, ARIZONA, CM JANUARY 5,1982, AT 6:00 P.M.FOR THE PURPOSE OF DISCUSSING PERSONNEL AND LEGAL MATTERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS •(COUNCIL LIAISON REPORTS) Councilman Damiano reported on the Airport Commission meeting on December 7,1981,regarding annexation of the proposed future airport property to the City of Apache Junction.A full report on the Master Plan of the airport will be presented to the Council in the future, for action. Councilman Damiano also stated that i f the City of Apache Junction had been the Department of Public Works studies ordinances of 14 Arizona cities,the standard format of the League of Arizona Cities and towns,and other sourcesforinformation on cable television,Mr.Broman stated that there are many possible problems and recommended that until more important priorities ofthe City are satisfied,no further action be taken on this issue. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT NO FURTHER ACTION BE TAKEN IN REGARDLTO INVESTIGATING OR DEVELOPING CABLE TELEVISION FOR THE CITY OF APACHE JUNCTION, UNTIL OTHER CITY PRIORITIES ARE ADDRESSED OR SATISFIED AND THE DECISION OF THE CONGRESS IS KNOWN WITH REGARD TO CABLE TELEVISION REGULATIONS. Councilman Damiano seconded the motion. Vice Mayor Hill informed the Councilthatthereasonfortherequesttoconsider cable television for ApacheJunctionwasthatseveralcitizenshad made inquiries and the revenue generated by cable television was much needed by the City. Councilman Hudson confirmed that theCityisnotdroppingtherequest,but discontinuing i t until otherprioritiesareaddressed and satisfied. Vice Mayor Hill stated that the representatives from the cable television companies in the past were not speaking to sell, but were there to inform the Council and public of the benefits of cabletelevision. Councilman Hudson stated that moreinvestigationandtime was needed in the issue. VOTE:In Favor:Councilman Hudson,Councilman Shanks,CouncilmanSteelsmith,Councilman Damiano,Mayor Clarke. Opposed:Vice Mayor Hill The motion carried. WORK SESSION,JANUARY 5, 1982 ) )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A WORK SESSION BE HELD IN THE CITY HALL OF APACHE JUNCTION, ARIZONA, ON JANUARY 5,1982, AT 6:00 P.M.FOR THE PURPOSE OF DISCUSSING PERSONNEL AND LEGAL MATTERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Damiano reported on the Airport Commission meeting on December 7,1981,regarding annexation of the proposed future airport property to the City of Apache Junction.A full report on the Master Plan of the airport • " j73‘e A s / se4 )40,etc,/ •-i 4e r - z 7tpetracr ezio k,et,q_s ci e /e4 0/,6),- '74,c, eo Le 4 0 re ele\3 74 7com har.c.A .. e—tYkta19 1 Coordinator. Councilman Steelsmith reported on the Planning and Zoning Committee. Councilman Hudson stated that he attended the Charter Government Committee meeting and that the Committee needed public input on the Charter Government concept. Councilman Hudson brought the Council up to date on the progressof placing Central Arizona College in Apache Junction. REQUEST OF COUNCIL Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THERE HEREBY IS CALLED A CITY COUNCIL WORK SESSION FOR FRIDAY,JANUARY 8,1982,at 6:30 P.M.,IN THE CITY HALL COMPLEX,1001 NORTH IDAHO ROAD,APACHE JUNCTION, ARIZONA,TO CONDUCT A WORKSHOP ON THE PROPOSED GENERAL PLAN. BE IT FURTHER RESOLVED THAT THE CITY MANAGER IS HEREBY DIRECTED TO COMPLETE THOSE ADMINISTRATIVE PROCEDURES NECESSARY TO IMPLEMENT THIS MOTION. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THERE HEREBY IS CALLED A CITY COUNCIL WORKSESSION FOR TUESDAY,JANUARY 26,1982, AT 7:00 P.M.,IN THE COMMUNITY SERVICES BUILDING WITH THE PLANNING AND ZONING COMMISSION AND BOARD OF ADJUSTMENT TO DISCUSS ZONING PROCEDURES. BE IT FURTHER RESOLVED THAT THE CITY MANAGER IS HEREBY DIRECTED TO COM- PLETE THOSE ADMINISTRATIVE PROCEDURES NECESSARY TO IMPLEMENT THIS MOTION. Councilman Damian() seconded the motion. VOTE:Unanimous The motion carried. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE FOLLOWING LAWSUIT'.: JUDITH HYLAND VERSUS CITY OF APACHE JUNCTION, ARIZONA, RICH OESTERLE,AND MARLIS J. DAVIS,BEING AN APPEAL FROM PINAL COUNTY CAUSE NO.32784 BE SETTLED FOR THE SUM OF $15,000 UNDER TERMS AND CONDITIONS SO THAT THE CITY OF APACHE JUNCTION RECEIVES A FULL RELEASE OF CLAIMS AND DEMANDS. BE IT FURTHER RESOLVED THAT THE FUNDS NECESSARY TO DISCHARGE THE CITY'S OBLIGATION UNDER THE TERMS OF THE SETTLEMENT AGREEMENT BE TRANFERRED AS FOLLOWS: ---- Councilman Steelsmith stated that he and the Director of Planning, Joe Gero,attended the Water Resources Commission public meeting forpublicinputontheallocationof the Central Arizona Project water from various communities.The concern is that the allocation does not include anyone but permanent residents,and most of our population is seasonal winter visitors. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.81-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,REQUESTING THE ARIZONA DEPARTMENT OF WATER RESOURCES AND THE SECRETARY OF THE U.S. DEPARTMENT OF THE INTERIOR TO UTILIZE IN THE POPULATION PROJECTIONS FOR PURPOSES OF DETERMINING ALLOCATIONS FOR CENTRAL ARIZONA PROJECT WATER A FACTOR FOR AREAS HEAVILY IMPACTED BY LONG TERM WINTER VISITOR POPULATIONS, BE AND HEREBY IS,APPROVED. Vice Mayor Hill seconded the motion. VOTE:Unamious The motion carried. Councilman Shanks made reference to the item she had discussed at the last Council meeting,the "pond" by Johnny Below Zero's and that the cost to fill in the area would cost approximately $4,000.00.She added that the Council should decide i f the money could be used in a more prudent way.Director of Public Works,Rich Broman,stated thatthisis an excavation problem that is compounded by the existing waterline.The problem only exists when i t rains and the Council would need to decide whether to repair this dirt road,or to repair existing paved streets. Councilman Shanks stated that as there are other priorities,the Council consider postponing these repairs at the present time. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CITY COUNCIL HEREBY DIRECT THE DIRECTOR OF PUBLIC WORKS THROUGH THE ACTING CITY MANAGER TO POSTPONE MODIFICATIONS TO ELIMINATE THE PONDING ON 4TH AVENUE EAST OF WINCHESTER. Councilman Eidson seconded the motion. Councilman Hudson stated that this problem has existed for sometime,even before the City was incorporated. Mayor Clarke stated that the finances are not available at this time for this project. VOTE:Unanimous The motion carried. Councilman Shanks read the following letter: To:City of Apache Junction "I have asked Councilmember Shanks to present this letter before the City Council on my behalf due to illness restricting me to your taking my suggestion of passing a city ordinance - i fthisis what needs to be done -for the Enforcement of Handicapped Parking!! "This is the year of the handicapped" Submitted byHarriettJ.Blodgett 105 N.Delaware #62A.J.,AZ 85220 By: Marie Shanks on my behalf due to illness Note:A petition to this effect would have been gotten up but because of my confinement it was not possible for me to do so. Director of Public Safety,Bill McDaniel,stated that his department was already working on the problem and was reviewing ordinances from other cities regarding the enforcement of handi- capped parking areas. Councilman Hudson confirmed the need for handicapped parking and the need to enforce it.He also stated that there would have to be a lot of research before the Council could pass an ordinance to that effect. 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 8:55 P.M. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. APPROVED THIS 5TH DAY OF JANUARY , 1982, BY THE MAYOR AND CITY COUNCIL. ATTEST: Ke/taz-ip THLEEN CONNELLY Acting City Clerk Mayor