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HomeMy WebLinkAbout1981-01-07 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING JANUARY 7, 1981 The regular meeting of the City Council of the City of Apache Junction, At-^izona,was held on January 7,1981,at the Apache Junction Council Chambers pursuant to the 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 Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Virginia Seeman,Councilman Thomas Damiano, Councilman Jimmy Eidson,and Councilman Marie Shanks - Councilmembers Absent:Vice Mayor John Granillo,Councilman Jerry Burgess,and Councilman Norman Hill Staff Present: Others with Council Business: City Manager G. Ray LeeCity Clerk/Director of Administrative ServicesMarlisJ.DavisDirectorofPlanning Joe GeroDirector of Public Safety Bill McDanielDirectorof Public Works Rich BromanCity Attorney Michael Curtis Assistant City Attorney Susan GoodwinBuildingOfficialLeoFrazier Don Andrews, 1975 N.LaBarge,Apache Junction Mr.Brill,1029 W.6th,MesaKeith_Stachar, 6301 I.Roundup,JApache Junction ' Harvey Morrison,1834 W. Roundup,Apache Junction Mayor Seeman recognized Director of Public Works Richard Broman who wished to address a request made by the Airport Commission. Mr.Broman,Director of Public Works,stated the Airport Commission, atitslast meeting,discussed the agenda item to increase the membership of theAirportCommission.He stated,based upon the discussion on this item at thelastCouncilmeeting,the Commission decided they would prefer to maintain the resent number of ositions on the commission and when the need arose the would Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF THE MINUTES OF DECEMBER 17,1980 ) Councilman Eidson MOVED THAT THE MINUTES OF THE MEETING OF DECEMBER 17,1980 BE,AND HEREBY ARE,ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Seeman presented Certificates of Appreciation to the five volunteer members of the Citizens Street -naming and Address Committee for their many 'hours spent on this project.,The members of the committee:were Robert Spargo,J.Henry Benson,' Clarence Semly,Ron Bennett,and John Smtth. Mr.Clay Wurst was also recognized for his involvement in the Chamber of Commerce's work in originating a street -naming system for the Apache Junction area in 1977,the many hours he spent working with the City staff and the Citizens Committee explaining the working procedures used by the Chamber, and in turning over their files and records to the City.Mrs.Lorraine Kraus, Apache Junction Postmaster,was also recognizedforher assistance to,and cooperation with, City staff. CALL TO THE PUBLIC Mayor Seeman opened the meeting to the public and recognized Dan H. Andrews. Mr.Dan Andrews,1975 N.LaBarge Road,stated he resides outside the City andliveswithinthe zone -of -influence.He stated that approximately six weeks ago at a Council meeting he made a complaint to the Council concerning the zone -of-influence.He stated at that time he was informed that the City Attorney would meet with the Pinal County attorneys and would then communicate to Mr.Andrews whether or not the City is in any way influencing the property outside the Citylimits.He stated he has still not heard anything and feels that the City is glossing over his complaints and he is being ignored. Mayor Seeman recognized City Attorney Michael Curtis. City Attorney Michael Curtis stated the Attorney's office has recentlyfinishedtheir analysis of the zone -of -influence and will be forwarding those opinions to Mr.Andrews shortly.He stated that while he did not have the opinion with him,he could report to the Council that Resolution 80-10,consistent with what the Council was previously advised,contained no power to influence.Mr.Curtis stated the attorneys concluded that since Maricopa and Pinal Counties were, under the concept of comity,referring matters to the City before Resolution 80-10 was adopted,even i f the Resolution were removed the timid would still fear because Pinal and Maricopa counties would still refer these items to the City even though to develop real estate by subdividing within three miles of the City are requiredby State Statute to ask the City to approve the subdivision.He stated that as aresult,in the event of the withdrawal of Resolution 80-10,not only would Pinal County and Maricopa County continue,as a matter of comity,to refer matters to the City over which the City has no power,but once the subdivision Ordinance was adopted,and even i f Resolution 80-10 was repealed,subdividers outside theCity would still be required to seek authorization from the City on intended developments i f their subdivisions were within three miles. Mr.Curtis stated that in answer to Mr.Andrews question,until thesubdivisionordinanceis adopted the City has no power to intimidate,or makefearful,those outside the City;however,the Counties of Pinal and Maricopa will, as a matter of comity,continue to ask the City for their advice although in a great number of instances,i f not the majority of instances,the advice of the City, sought under the principles of comity,have been rejected.He stated the legalopinion will be provided to Mr.Andrews and Mr.Condra.Mr.Curtis added that because the City has no power to change the feelings of Maricopa County and Pinal County on extending courtesys to the City,the only way in which this matter can be redressed to Mr.Andrews satisfaction would be if Mr.Andrews would propose sometype of legislative amendment saying that the effect of Resolutions like 80-10 should not be construed to require adjoining counties to act under the principlesof comity and that they should not gratuitously refer matters to a City because by so doing the Counties are in effect causing Mr.Andrews to conclude that the City intends to act toward him.Mr.Curtis stated the City is powerless to turn asidethe questions that are referred to i t by Maricopa and Pinal County and,to thatextent,Mr.Curtis stated he felt there may have been some misunderstandings. Mr.Curtis added that once a subdivision Ordinance is adopted by the City,thelaw will apply to this City as it does to every other City;people outside theCity will be required to file matters with the City. Mayor Seeman asked i f there were any other members of the public wishing to address the Council.There being none, Mayor Seeman closed the meeting to thepublic. CITY MANAGER'S REPORT Mayor Seeman called upon City Manager Ray Lee to give the City Manager's Report. City Manager Ray Lee called upon the Director of Public Works to brief the Council on the status of the Community Services building construction. Director of Public Works Rich Broman reported that the City has been re-ceiving a great deal of assistance from the community in the way of donations andcontributionsoftimeand material.He stated the City has received some contri- butions of time and material.He stated the City has received contributions from Bob Holder of Mountain States Electric;Ed Jenson,Jenson Plumbing;Jim Bryan General Contracting;and Joe Morvak,Morvak Construction Company.Mr.Broman extended his thanks for the donations of materials,time,and effort in showing abetter way to design and construct the building and to build i t in an economical way. He stated that the building is being constructed mostly in-house with the CETA workers and staff who have graciously volunteered their time.He added that i t is hoped that the building will be completed within the next 60 to 90 days. Director of Public Works Rich Broman further added that the AORCC projectwiththe School District is progressing;the ballfields are graded, the tennis courts are paved although the surface coats still need to be put on,and the basis for the lights are in;work is on schedule and should be completed some time next month. PUBLIC HEARINGS PROPOSED ORDINANCE 73,PZ-19-80 INITIAL ZONING DISTRICT CLASSIFICATION (FIRST READING) ) Mayor Seeman opened the public hearing on the item.She stated i t is a Planning and Zoning Commission initiative and asked the Planning Director to brief the Council and public on the petition. City Planner Joe Gero reviewedfortheCouncilandpublictherationalebehindtheitem.He stated the one -square-mile,bounded by Ironwood (called Vineyard in the County)Southern,Tomahawk, and Baseline,was annexed to the City in June 1980. He stated the Arizona RevisedStatutesrequire that the Council take action to adopt a zoning classificationwithinareasonableperiodoftimeforterritorythathas been annexed.Mr.Geroexplainedthatthenorth half would be CR-1,the southern half is proposed to beleftGR,and added the Planning Commission voted unanimously to recommend approval of proposed Ordinance 73.Mr.Gero added that the second reading of the Ordinance would be at the next meeting of the City Council to be held on January 21st. Mayor Seeman asked i f there was anyone in the audience wishing to speak 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. Mayor Seeman opened the meeting to Council discussion.There being no discussion Mayor Seeman called upon theCity Clerk to read the title of proposed Ordinance no.73. City Clerk Marlis Davis read as follows: "ORDINANCE NO.73,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE ZONING ORDINANCE BY ESTABLISHING THE INITIAL ZONING DISTRICT CLASSIFICATION IN ZONING CASE PZ-19-80 FOR THE PROPERTY ANNEXED EFFECTIVE JUNE 7,1980,TO THE CITY OF APACHE JUNCTION,ARIZONA,BY ORDINANCE NO.42;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING - FOR SEVERABILITY. Mayor Seeman stated this item would be on the agenda of January 21st and would be voted on at that time. PROPOSED ORDINANCE 82,PZ-20-80 STACHAR REZONING (FIRST READING) ) Mayor Seeman opened the public hearing on the item.She stated the applicant is Keith Stachar and asked the Planning Director to brief the Council and public on the item. Director of Planning Joe Gero addressed the item,the recommendations of the Planning and Zoning Commission, and the rationale behind those recommendations. The Planning Commission unanimously voted to recommend approval of the rezoning with the one amendment. Mayor Seeman recognized Mr.Stachar who stated that he would be happy to answer any questions the Council might have with regard to this item. There being no questions of Mr.Stachar,Mayor Seeman asked i f there was anyone in the audience wishing to speak in favor of,or in opposition to,the petition. Building Official Leo Frazierstatedhe has checked the easements and the only easements are on Saguaro,Ironwood,and Superstition.He stated the new and accurate right-of-way maps were the onesthat were checked.He explained that the confusion concerning the easements was caused by the confusion between the County and the City surrounding the street names. Director of Planning Joe Gerostatedhe would give his recommendations at the next meeting. There being no one else wishing to address the item,Mayor Seeman closed the meeting to the public. Mayor Seeman asked i f there was any Council discussion.Hearing none,Mayor Seeman called upon the City Clerk to read proposed Ordinance No. 82 by title only for the first reading. City Clerk Marlis Davis read as follows: "ORDINANCE NO.82,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE APACHE JUNCTION,ARIZONA, ZONING MAP BY CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-20-80 FOR THREE (3)PARCELS:PARCEL #1 GENERAL RURAL (GR) TO GENERAL BUSINESS (CB -2) BY PLANNED DEVELOPMENT,PARCEL #2 GENERAL RURAL (GR) TO LOCAL BUSINESS (CB -1);AND PARCEL #3 GENERAL RURAL (GR) TO LOCAL BUSINESS (CB -1);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE 80,PZ-21-80 BROOKS REZONING (FIRST READING) ) Mayor Seeman opened the public hearing on the item.She stated the applicant was Mr.Sumner Brooks and thatit was a first reading.She called upon the Director of Planning to brief the Council and public on the item. Director of Planning Joe Gero gave background on the item,and stated the Planning Commission voted unanimously to recommend to the Council their approval of this request.He stated Mr.Bliss, who had Mr.Brooks'power -of -attorney in the matter,was in attendance at the meeting and would be glad to represent the applicant. Mr.Bliss,1029 W.6th St., Mesa,explained Mr. Brooks'efforts in beautifying the property,and explained Mr. Brooks'reasons for seeking the rezoning. Mayor Seeman asked i f there was anyone in the audience wishing to speak in favor of,or in opposition to,thepetttion.There being no one wishing to address the Council,Mayor Seeman closed the meeting to the public. Mayor Seeman called upon City Clerk Marlis Davis to read the title of proposed Ordinance No.80. City Clerk Marlis Davis read as follows: "ORDINANCE NO.80,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE APACHE JUNCTION,ARIZONA, ZONING MAP,BY CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-80 FROM GENERAL RURAL (GR)TO MULTIPLE RESIDENCE (CR-5);REPEALING ANY CONFLICTING NEW BUSINESS RATIFICATION OF CITY CLERK'S APPOINTMENT ) Mayor Seeman stated that with the resignation of Rich Oesterle,the City Manager appointed Marlis Davis to fulfillthe functions andlduties of the City Clerk in addition to her regularly assignedduties. Councilman Damiano MOVED THAT THE APPOINTMENT OF MARLIS J. DAVIS AS CITY CLERK OF THE CITY OF APACHE JUNCTION, EFFECTIVE DECEMBER 31,1980 BE,AND HEREBY IS,RATIFIED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.84,ESTABLISHMENT OF COMMUNITY HEALTH COMMISSION (SECOND READING)) ) Mayor Seeman stated this proposed Ordinance is to create a commission to address health problems,to review and make recommendations to the City Council,to aid in the development of healthfacilities,and to study the needs and plans for a possible hispital site in thefuture. Councilman Shanks MOVED THAT THE READING OF ORDINANCE NO.84,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded themotion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCity Clerk to read the title of the proposed Ordinance for the second reading. City Clerk Marlis Davis read as follows: "ORDINANCE NO.84,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING CHAPTER 2 OF THE CITY CODE BY ADDING ARTICLE 2-10 ESTABLISHING THE APACHE JUNCTION COMMUNITY HEALTH COMMISSION PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES,AND PROVIDING FOR SEVERABILITY." Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.84,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING CHAPTER 2 OF THE CITY CODE BY ADDING ARTICLE 2-10 ESTABLISHING THE APACHE JUNCTION COMMUNITY HEALTH COMMISSION,PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES,AND PROVIDING FOR SEVERABILITY BE,AND HEREBY IS,APPROVED. Councilman Eidson seconded the motion. VOTE:Unanimous City Clerk Marlis Davis read as follows: "RESOLUTION NO.80-40,A " RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTIONS :PINAL COUNTY; ARIZONA,AUTHORIZING AND DIRECTING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS THROUGH THE CITY MANAGER IN THE CITY OF APACHE JUNCTION,ARIZONA,TO AMEND THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA DIVISION OF MOBILE AND MANUFACTURED HOUSING STANDARDS AND THE CITY OF APACHE JUNCTION, ARIZONA.BE,AND HEREBY IS,APPROVED. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.80-40,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 THROUGH THE CITY MANAGER IN THE CITY OF APACHE JUNCTION, ARIZONA,TO AMEND THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA, DIVISION OF MOBILE AND MANUFACTURED HOUSING STANDARDS AND THE CITY OF APACHE JUNCTION,ARIZONA BE,AND HEREBY IS,APPROVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.80-41 PROVIDING FOR THE SUBMISSION OF FOUR-YEAR STAGGERED TERMS TO QUALIFIED ELECTORS ) Mayor Seeman stated that this proposal would establish staggered terms for Councilmembers;the first class would consist of three members who would serve until 1983;the second class would hold office until the next regular election in 1985. Mayor Seeman called upon the City Clerk to read the title of proposed Resolution 80-41. City Clerk Marlis Davis read as follows: "RESOLUTION 80-41,A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,FINDING AND DECLARING THAT SAID MAYOR AND SELECT COUNCIL DEEM THAT FOUR- YEAR STAGGERED TERMS FOR MEMBERS OF THE CITY COUNCIL WOULD BE BENEFICIAL TO THE CITIZENS OF THE CITY OF APACHE JUNCTION AND ORDERING THAT THERE SHOULD BE SUBMITTED TO THE VOTERS OF SAID CITY,THE QUESTION AS TO WHETHER OR NOT STAGGERED TERMS FOR THE MEMBERS OF THE CITY COUNCIL SHALL BE ADOPTED IN THE CITY OF APACHE JUNCTION;PROVIDING'TORITHEAIVINGAF NOTICE OF SAID ELECTION AND THAT ALL QUALIFIED VOTERS OF SAID CITY SHALL BE ENTITLED AND QUALIFIED TO VOTE AT SAID ELECTION." Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, THAT RESOLUTION NO.80-41,A RESOLUTON OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,FINDING AND DECLARING THAT SAID MAYOR AND SELECT COUNCIL DEEM THAT FOUR-YEAR STAGGERED TERMS FOR MEMBERS OF THE CITY COUNCIL WOULD BE BENEFICIAL TO THE CITIZENS OF THE CITY OF APACHE JUNCTION AND ORDERING THAT THERE SHOULD BE SUBMITTED TO THE VOTERS OF SAID CITY,THE QUESTION AS TO WHETHER OR NOT STAGGERED TERMS FOR THE MEMBERS OF THE CITY COUNCIL SHALL BE ADOPTED IN THE CITY OF APACHE JUNCTION;PROVIDING FOR THE GIVING OF NOTICE OF SAID ELECTION AND THAT ALL QUALIFIED VOTERS OF SAID CITY SHALL BE ENTITLED AND QUALIFIED TO VOTE AT SAID ELECTION BE,AND HEREBY IS,APPROVED. PROPOSED RESOLUTION 80-42,PROVIDING FOR PRIMARY AND GENERAL ELECTION ) Mayor Seeman stated that in accordance with the Arizona Revised Statutes,the resolution is submitted for adoption and provides for the holding of the primary and general elections,election officials and their compensation,and a change in the polling places. City Clerk to read the title of Resolution 80-42. Mayor Seeman called upon the City Clerk Marlis Davis read as follows: "RESOLUTION NO.. 80-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,COUNTY OF PINAL, AUTHORIZING THE HOLDING OF THE REGULAR PRIMARY ELECTION ON MARCH 24,1981,AND THE GENERAL ELECTION ON MAY 18,1981;ESTABLISHING POLLING PLACES AND VOTING DISTRICTS,PROVIDING FOR THE RECORDATION OF THE ELECTOR'S CHOICE;PROVIDING FOR ELECTION OFFICIALS AND FIXING THEIR COMPENSATION BE,AND HEREBY IS,APPROVED." Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT RESOLUTION NO.80-42,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,COUNTY OF PINAL,AUTHORIZING THE HOLDING OF THE REGULAR PRIMARY ELECTION ON MARCH 24,1981,AND THE GENERAL ELECTION ON MAY 19,1981;ESTABLISHING POLLING PLACES AND VOTING DISTRICTS,PROVIDING FOR THE RECORDATION OF THE ELECTOR'S CHOICE;PROVIDING FOR ELECTION OFFICIALS AND FIXING THEIR COMPENSATION BE,AND HEREBY IS,APPROVED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,JANUARY 21,1981 ) Councilman Eidson 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 21ST DAY OF JANUARY,1981,AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS There were no information or reports. REQUESTS OF COUNCIL ADJOURNouncilmanMENT Damiano wished everyone a happy new year. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. APPROVED THIS TWENTY-FIRST DAY OF JANUARY ,1981,BY THE MAYOR AND CITY COUNCIL OF THE CITY OFAPACHE JUNCTION,ARIZONA. • ... I e)NIA SEE5r Mayor ATTEST: MARL). DAVICAI,Clerk