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HomeMy WebLinkAbout1981-01-21 City Council Regular MinutesCITY COUNCIL MINUTES _REGULAR MEETING January 21,1981 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 21, 1981,at the Apache Junction Council Chambers pursuant to notice required by law. CALL TO ORDER Mayor Seeman called the meeting to order. INVOCATION Councilman Shanks led the invocation. PLEDGE OF ALLEGIANCE The Council and public participated in the Pledge of Allegiance. ROLL CALL Councilmembers present: Staff Present: Others with Council Business: Vice Mayor John Granillo,CouncilmanJerry Burgess,Councilman Thomas Damiano, Councilman Jimmy Eidson,Councilman Norman Hill,Councilman Marie Shanks, andMayor Virginia Seeman City Manager Ray LeeCityClerk/Director of Administrative Services Marlis DavisDirector of Planning Joe GeroDirectorofPublicWorksRichard Broman Assistant City Attorney Susan Goodwin Howard Keller,the Cactus ClubWilliamFerris,1261 S. Main St.,Apache Villa III John Kitzman,1188 S. Main Dr.,Apache Villa IIIWillaDethmers,1244 S. Main Dr.,Apache Villa III B.R.Gallegos,1054 S. Main Dr.,Apache Villa III John U hinrs,1244 S. Main Dr.,Apache Villa III James ' , 1076 S. Main Dr.,Apache Villa IIIHarvey Morrison,1834 W. Roundup, Apache Junction, ACCEPTANCE OF THE AGENDA )Vice Mayor Granillo 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 seconded ACCEPTANCE OF THE MINUTES OF THE MEETING OF JANUARY 21,1981 )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE MINUTES OF THE MEETING OF JANUARY 7, 1981 BE,AND HEREBY ARE, ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:In favor --Councilman Eidson Councilman Shanks Councilman Damiano Mayor Seeman Abstain --Councilman Hill Councilman Burgess Vice Mayor Granillo The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Seeman stated a letter had been received from Mr.Robert Dugger. Mayor Seeman added the Chair declined to read the correspondence because i t represented a political party and the City Council is non-partisan. CALL TO THE PUBLIC Mayor Seeman stated there were a lot of individuals wishing to address the Council on agenda item no.7,street -lighting.When questioned by the Mayor,the individuals wishing to address the item agreed to do so when the item came up on the agenda. CITY MANAGER'S REPORT City Manager Ray Lee stated the materials have been received andstreetsigninstallation will begin the first part of the week. City Manager Ray Lee called upon the City Planner who would introduce the City's Traffic Consultant. City Planner Joe Gero stated that a subsidiary of PRC Toups, Vorhees would be doing the Transportation Plan.He stated the Vice President who will be the principal with the transportation plan wished to address the Council. Mr.Dick Kaku addressed the Council on what the City could expect in the way of transportation traffic -safety -type issues that exist within the City. He explained that his company would be identifying what the City's needs are now, what they will be in the future,and would then develop a recommended trans-portation plan for the City with the help of the City. Councilman Eidson stated a few months ago the Council requested theBuildingDepartmentlook at ways that might ease the burden of citizens inobtainingbuildingpermits.He stated he had spoken with the Building Official who has initiated a policy of bending the rules as much as possible withoutactuallbreakinthelaw.Councilman Eidson said this will be done until the few months the police department has made about 30 arrests for drug sales in Apache Junction which resulted in about 60 charges.He stated there is no doubt that we have less crime in Apache Junction than probably any other City of comparable size in the State.He emphasized to the citizens of Apache Junctionwhat will happen i f the City allows a small group of people to destroy the police department by stating the citizens will have to suffer the consequences;there will be drugs sold on the street corners in the City,they will be sold around the schools,and in front of private residences;there will be prostituteswalkingthestreets.Councilman Eidson added the older citizens and women of the community could be attacked,there will be vagrants and transients,andallthe other undesirables that end up in a community with inadequate law enforcement --the crime rate will soar.He stated across the nation things have really changed over the past few years and there is no backing up andstartingover.He stated other cities are clamping down on their drug traffic; they seem to believe that the drug problem is going to be our downfall i f i t is not stopped -- i t is growing day-by-day.Councilman Eidson concluded by thanking the police department for a job well done and encouraging them to continue intheirefforts. PUBLIC HEARINGS TRANSFER OF LIQUOR LICENSE CACTUS CLUB,HOWARD D.KELLER ) Mayor Seeman opened the meeting to the public and called upon Mr.Keller to address the item i f he desired. Mr.Howard D.Keller stated he is the new owner of the Cactus Club at 650 W.Apache Trail and added he wasavailableforquestionsi f the Council had any. Mayor Seeman asked i f there were any members of the public who wished to address the item.There being none the Mayor closed the meeting to the public and opened i t to Council discussion. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR TRANSFER OF SPIRITUOUS LIQUOR LICENSE,SERIES 6, FOR THE CACTUS CLUB,BY HOWARD DEWAYNE KELLER,BE,AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS There was no old business. NEW BUSINESS PROPOSED ORDINANCE NO.73,PZ-19-80,INITIAL ZONING DISTRICT CLASSIFICATION (SECOND READING) ) Mayor Seeman called upon the Director of Planning to address the item. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance 73 by title only. 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." as follows: Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,THAT IN ZONING CASE PZ-19-80,BY COMMISSION INITIATIVE ALSO KNOWN AS 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 PROPERTY ANNEXED EFFECTIVE JUNE 7, 1980, TO THE CITY OF APACHE JUNCTION, ARIZONA,BY ORDINANCE NO.42;REPEALING ANY CON- FLICTING 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 Hill seconded the motion. The reasons given by the Planning and Zoning Commission were: (1)The south half has been and should continue as General Rural (GR)until a future time when planning of the area south of the proposed freeway can be accomplished. (2)The north half should be CR-1,the district which reflects existing and proposed educational uses. The Planning and Zoning Commission further felt the City has a statutoryobligationtoestablishthezoningfor annexed territory.Retaining the Countyclassificationof GR in the south half until development is proposed,was recommended.CR-1 in the north half allows schools.With the existing add proposed school facilities,CR-1 in the north half was therefore recommended. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.82,PZ-20-80 STACHAR REZONING (SECOND READING)) Mayor Seeman called upon Director of Planning Joe Gero to address the item. Director of Planning Joe Gero gave background on the item, stated the Planning and Zoning Commission has haditspublichearingas has the Council,and the Commission recommends the approval Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 82 for the second reading. City Clerk Marlis J. 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." Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-20-80,APPLICATION OF KEITH STACHAR,ALSO KNOWN AS 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 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 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.BE IT FURTHER RESOLVED THAT THE APPROVAL OF THE PLANNED DEVELOPMENT IS SUBJECT TO,AND INCLUDES BY REFERENCE,THE DOCUMENTATION AS SUBMITTED BY THE APPLICANT. Vice Mayor Granillo seconded the motion. The reasons given by the Planning and Zoning Commission were: General -- The properties are at the intersection of two arterials which, when fully developed,will carry the generated traffic safely. Parcel #1 -- The Commission finds the applicant complies with Section 33.09 of the Zoning Ordinance. Storage is needed in the vicinity particularly to service the numerous mobile home and travel trailer parks in the area. Parcel #2 -- The reduction from CB -1 is warranted because: Industrial uses in this area would be spot zoning in terms of land use and therefore inappropriate. CB -2 permits such uses as a bar,cocktail lounge,night club or tavern which would be inappropriate for the area as demon-strated by public comment during the public hearing.CB -1 does not permit such uses. Parcel #2 & 3 -- Commercial uses such as those permitted in CB -1 would provide service to the local area and would be located at theintersectionof two arterial streets. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.80,PZ-21-80 BROOKS REZONING (SECOND READING) Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 80 for the second reading. 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 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 IN ZONING CASE PZ-21-80,APPLICATION OF SUMNER BROOKS, ALSO KNOWN AS 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 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. Vice Mayor Granillo seconded the motion. The reasons given by the Planning and Zoning Commission were: (1)There are several contiguous or nearby properties already zoned CR-5 Multiple Family Residence,therefore,this would not be outof character as an apartment project. (2)There is an adjacent commercial use which would be compatiblewith multiple family uses. Scenic Street,a quarter -section road,is classified a collectorand will be adequate when fully developed to carry the extratrafficgenerated. (4)Such a project would add to the upgrading of the area. VOTE:Unanimous The motion carried. (3) PROPOSED RESOLUTION NO.81-01, DIRECTING THE INSTALLATION OF STREET LIGHTS IN APACHE VILLA III ) Mayor Seeman opened the meetingforprotestsfrom property owners in the street -lighting district called Apache Villa III.She stated two written protests have been received;one from Mrs.Janette Pesek, and the other from Mr.William Ferris.She called Ms.Willa Dethmers,1244 S. Main Drive,spoke in favor of the street lighting. Mr.B. R.Gallegos,1054 S. Main Drive,Apache Villa III,spoke in favor of the street lighting. Mr.John Dethmers,1244 S. Main Drive,spoke in favor of the street lights. Mayor Seeman stated this agenda item is a resolution to order the installation of eight street -lights on South Main Drive between West 9th Avenue and West 16th Avenue.The Mayor added that out of 64 property owners only two have filed protests.Mayor Seeman asked i f there were any questions by the Council. Councilman Shanks questioned the lighting referred to by one of the property owners who addressed the Council on the item. KakckapMr.James -ea1-1--i-ee,1076 S. Main Drive stated about a dozen families have put in six to eight foot highlightposts.He spoke in favor of the Street -lighting District. Mr.Harvey Morrison,1834 W. Roundup addressed the lighting issue. Mayor Seeman called upon the City Clerk to read Resolution No. 81-01 by title only. City Clerk Marlis Davis read as follows: "RESOLUTION NO.81-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN A PORTION OF THE SUBDIVISION KNOWN AS APACHE VILLA THREE." Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.81-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN A PORTION OF THE SUBDIVISION KNOWN AS APACHE VILLA THREE BE,AND HEREBY IS,APPROVED. Councilman Hill seconded the motion. Councilman Damiano stated two protests in this district amount to three percent of the homeowners, and added that ninety-seven percent of the people in this district apparently desire this street -light improvement district.Mr.Damiano referred to a recentnewspaper article that expressed the view that those persons wanting the improve- ment should, rightfully pay for i t and those persons in the same area not wanting the improvement should not be required to pay for something they do not want. Councilman Damiano stated he did not feel it would be fair that a minority should be exempted from paying their fair share of an improvement they willenjoy at the expense of others.He stated the Country's government is based onmajorityrule;this is a majority of vote, petition,or election --not heresay or presumption.He stated this street -light improvement district is a good example of the 'American Way'and in his opinion the protests are insufficient to over -rule the desire of the ma orit of the people who requested this City Clerk Marlis Davis read as follows: "RESOLUTION NO.81-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING OFFICIAL PLACES FOR THE POSTING OF PUBLIC DOCUMENTS." Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION 81-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ESTABLISHING OFFICIAL PLACES FOR THE POSTING OF PUBLIC DOCUMENTS BE,AND HEREBY IS,APPROVED. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,FEBRUARY 4, 1981 ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OFAPACHEJUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON THE 4th DAY OF FEBRUARY,1981,AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Mayor Seeman stated citizens or persons wishing to purchase a packet of the signed disincorporation petitions should be aware they are available through City Hall at a cost of $4.00 a packet. REQUESTS OF COUNCIL Councilman Hill asked Mr.Broman to explain to the public that the street signs are in and are going to be put up. Mr.Broman,Director of Public Works,stated they will begin work in the Northeast quadrant by Monday. Councilman Hill commended the people who worked on the Community Services building for their efforts. Mayor Seeman thanked Councilman Hill for his generous donation to the Community Services structure. ADJOURNMENT Ma or Seeman ad ourned the meetin at 8:20 .m.