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HomeMy WebLinkAbout1982-08-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 17,1982 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 17,1982, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:02 p.m. INVOCATION Councilman Eidson led the Invocation. PLEDGEOF ALLEGIANCE Councilman Steelsmith led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Damiano,Councilman Steelsmith,Councilman Shanks, Councilman Hudson, Councilman Eidson,Mayor Clarke Councilman Absent:Vice Mayor Hill (vacation) Staff Present: Others Present: City Manager J.James Tuvell,Jr.City Clerk Kathleen ConnellyDirector of Public Works Rich.:BromanDirector of Public SafetyBillMcDanielDirector of Planning Joe GeroCity Attorney Arnold Hirsch Mr.Jerry Burgess P.O.Box 305 Apache Junction,Arizona 85220 Mr.Bob Bishop 6300 E.Pioneer Apache Junction,Arizona 85220 Mr.Phil Sloan 301 W. 17th Avenue Apache Junction,Arizona 85220 Mr.Jerald Godwin 2613 E.6th Avenue Apache Junction,Arizona 85220 ACCEPTANCE OF THE AGENDA )Councilman Steelsmith 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 AFTER DELETING ITEM NO.16 AND ITEM NO.1 UNDER REQUESTS OF COUNCIL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF MINUTES OF SPECIAL MEETING OF JULY 29,1982 ) Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE SPECIAL MEETING OF JULY 29,1982, BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF AUGUST 3, 1982 )Councilman Damiano 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 AUGUST 3,1982,BE ACCEPTED AS PRESENTED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Councilman Damiano recognized Mr.Jerry Burgess,former councilmember,Mr.Bob Bishop,school board member,who were seated in the audience. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented Certificates of Appreciation to former members of various Boards and Commissions for their time and efforts on behalf of the community to include:Mr.Ron Kell,Ms DeDe Scheff,Ms Sandra Oberg,Mr.Jack Hutchens,Mr.Phil Richardson. Mr.Jerry Burgess,former councilmember,donated $250.00 to the Swimming Pool Fund,raised by a Golf Tournament. CALL TO THE PUBLIC Mr.Phil Soan, 301 W.17th Avenue,Apache Junction,expressed his wish forfirehydrantsintheSuperstitionEstatessubdivision. CITY MANAGER'S REPORT City Manager James Tuvell stated that on August 13,1982,representatives from the Department of Water Resources had met with them to discuss the pending State regulations on water conservation,and suggested that the Council direct the staff to prepare a recommendation and make comments on those regulations. Director of Public Works Rich Broman briefed the Council and public on the progress of the paving of Southern Avenue explaining that i t is necessary to purchase Weekes Wash right-of-way to complete the road improvements and recommended the Council consider action. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: I .THE CITY OF APACHE JUNCTION, ARIZONA,BY AUTHORITY GRANTED TO IT BY ARIZONA REVISED STATUTES §9-602 AND ARIZONA REVISED STATUTES §9-276,HEREBY DECLARES THAT PUBLIC INTEREST AND CONVENIENCE REQUIRES THE LAYING OUT OF A RIGHT-OF-WAY AND CONSTRUCTION OF A ROADWAY WITHIN ITS MUNICIPAL BOUNDARIES IN AREA GENERALLY DESCRIBED AS: II.THE CITY OF APACHE JUNCTION, ARIZONA,DECLARES THAT THE FOLLOWING DESCRIBED PROPERTY IS NECESSARY FOR RIGHT-OF-WAY AND CONSTRUCTION OF SUCH ROADWAY.AND; III.THE CITY OF APACHE JUNCTION, ARIZONA,SHOULD ACQUIRE SAID PROPERTY EITHER BY PURCHASE OR BY EMINENT DOMAIN,AND HEREBY AUTHORIZES THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE THE PURCHASE OF SAID LAND FOR THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)OR FAILING TO DO SO,TO INSTITUTE EMINENT DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE SAID LAND. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-56, DECLARING FLOODPLAIN MANAGEMENT ORDINANCE PUBLIC DOCUMENT ........) Flood Administrator Leo Frazier,Jr.,explainedthatthisresolutionisdeclaring certain documents as public documents and adopting them by reference. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.82-56,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED FLOODPLAIN MANAGEMENT ORDINANCE WHICH,IF ENACTED BY SAID CITY COUNCIL,WILL BE ADDED TO VOLUME II, LAND DEVELOPMENT CODE AS CHAPTER 5 OF THE CITY CODE OF THE CITY OF APACHE JUNCTION,BE AND HEREBY IS,APPROVED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. - Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PUBLIC HEARINGS PROPOSED ORDINANCE NO.158,ADOPTING CHAPTER 5 OF THE LAND DEVELOPMENT CODE(First Reading with Emergency Clause)) )Floodplain Administrator Leo Frazier, explained the purpose of the emergency clause with this particular ordinance and the necessity of the ordinance. Mayor Clarke opened the hearing to thepublic. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the issue.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHnUNCTION,ARIZONA, THAT ORDINANCE NO.158 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.:158,by title only with the emergency clause. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.158,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ADDING CHAPTER 5 TO VOLUME I I OF THE LAND DEVELOPMENT CODE OF THE CITY OF APACHE JUNCTION,PERTAINING TO FLOODPLAIN MANAGEMENT,ADOPTING BY REFERENCE,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT ORDINANCE NO.158 'AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF ThE CITY OF APACHE JUNCTION, ARIZONA, ADDING CHAPTER 5 TO VOLUME I I OF THE LAND DEVELOPMENT CODE OF THE CITY OF APACHE JUNCTION,PERTAINING TO FLOODPLAIN MANAGEMENT,ADOPTING BY REFERENCE,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES AND DECLARING AN EMERGENCY,BE AND HEREBY IS,APPROVED. Councilman Hudson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-38, MORRISON, MELCHER,AND IRONWOOD ASSOCIATES public. )) Mayor Clarke opened the hearing to the Director of Planning Joe Gero briefed the Council on the proposed Abandonment of North Saguaro Drive between Roundup and Shiprock,which meets the criteria of the General Plan. Mr.Harvey Morrison,1834 W. Roundup,statedthathe was available for any questions from the Council. 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. Mr.Gero stated that the Planning and Zoning Commission and the Development Coordinating Committee recommend approval of the abandonment. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,'ARIZONA, THAT RESOLUTION NO.82-38,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON NORTH SAGUARO DRIVE AS DESCRIBED IN STREET ABANDONMENT CASE AB -81-2 IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY, BE AND HEREBY IS,APPROVED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-43, ROBERTS, AND APACHE ONE PARTNERSHIP) )Mayor Clarke opened the hearing to thepublic. Director of Planning Joe Gero briefed the Council on the proposed abandonment,and stated that the Planning and Zoning Commission and the Development Coordinating Committee recommend approval. Mr.Samuel Roberts stated that he wasavailablefor any questions from the Council. Councilman Damano wished to know how far south Fourth Avenue is from Highway 60. Mr.Gero stated that i t is approximately 160 feet south. Mayor Clarke requested that abandonment maps show more of the roadway extensions. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application.There being VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-44, GARNER, GARNER, BURGGRAFF, KING,AND GODWIN )Mayor Clarke opened the hearing to thepublic. Mr.Gero briefed the Council on theapplication,stating that the utility companies have no objection to the abandonment and the Planning and Zoning Commission and Development Coordinating Committee recommend approval. Mr.Jerald Godwin,2613 E.6th Avenue, Apache Junction,requested approval of the application. 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 Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.82-44,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHT-OF-WAY PURPOSES ON SOUTH ACACIA ROAD AS DESCRIBED IN5TREET ABANDONMENT CASE AB -82-2 ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE AND HEREBY IS,APPROVED. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 7 LIQUOR LICENSE,HENRI J'S public. Councilman Damiano seconded the motion. ) Mayor Clarke opened the hearing to the Director of Public Safety Bill McDaniel,statedthattheroutineinvestigationsofthe applicants have been completed and the Police Department has no objection to the application. Ms Sherry Orth,735 W.Datil,Apache Junction, requested approval of the application. 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 thepublic. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SERIES 7 LIQUOR LICENSE FOR HENRI J'S BY HENRY AND APPLICATION FOR LIQUOR LICENSE PERSON AND LOCATION TRANSFER, SUPER X DRUGS )Mayor Clarke opened the hearing to thepublic. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application.There beingno one wishing to address the Council,Mayor Clarke closed the hearing to thepublic. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A PERSON AND LOCATION TRANSFER OF A SERIES 9 LIQUOR LICENSE FOR SUPER X DRUGS BY THOMAS AND TAMARA QUARELLI, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:08 p.m. OLD BUSINESS PROPOSED ORDINANCE NO.145,SIERRA ENTRADA GARDEN HOMES BY COMMISSION INITIATIVE (Second Reading) )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.145,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.145,by title only for the second reading. City Clerk Kathleen Connelly read asfollows: ORDINANCE NO.145,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-3-82 FOR THOSE CERTAIN AREAS DESCRIBED HEREIN FROM CR-3 SINGLE RESIDENCE ZONE TO CR-3 PD SINGLE RESIDENCE ZONE BY PLANNED DEVELOPMENT;ESTABLISHING ZONING REQUIREMENTS OF ARTICLE 33 WITH REGARD TO DOCUMENTATION, STANDARDS,AND PROCEDURES REQUIRED; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." Councilman Hudson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.152, LYNCH (Second Reading) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.152,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.152,by title only for the second reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.152,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-11-82 FROM (GR)GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES, BE AND HEREBY IS APPROVED FOR THE FOLLOWING REASONS: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF RESIGNATION AND APPOINTMENT TO AIRPORT COMMISSION ) )Director of Public Works Rich Broman explained that on August 3, 1982,Mr.S.Patrick Bergere informed the Public Works Department that he wished to resign from the Airport Commission,and recommended Mr.C.O.Brandt fill the vacancy created by the resignation. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF MR.S.PATRICK BERGERE AS AN EX OFFICIO MEMBER OF THE AIRPORT COMMISSION BE ACCEPTED WITH REGRET. Councilman Steelsmith seconded the motion. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-58, IN OFFICIAL POSTING PLACES )City Clerk Kathleen Connelly stated that the City has a legal requirement to post notices in three public places easilyaccessibletothepublicand as there is no longer enough room to post all notices at the posting board in A.J. Bayless,this resolution is changingthatlocationto the Apache Junction Library. Councilman Damiano requested that theexteriorlightsbelefton each night at the posting locations,so that public notices can be read by the citizens. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.82-58,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ESTABLISHING THE OFFICIAL LOCATIONS FOR THE POSTING OF *PUBLIC DOCUMENTS AND OTHER MATERIALS OF INTEREST TO THE GENERAL PUBLIC,AND DECLARING AN EMERGENCY,BE AND HEREBY IS,ACCEPTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-59, BLM APPLICATION FOR RECREATION AREA) )Director of Planning Joe Gero reviewed the Council on the procedures followed to acquire the land for City recreational purposes. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.82-59,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING AN APPLICATION TO THE BUREAU OF LAND MANAGEMENT FOR CONVEYANCE OF CERTAIN LANDS TO THE CITY OF APACHE JUNCTION, ARIZONA,BY RECREATION AND PUBLIC PURPOSES APPLICATION, BE AND HEREBY IS APPROVED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION AND WORK SESSION,SEPTEMBER 7, 1982 ) )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT THE CITY HALL COMPLEX ON TUESDAY,SEPTEMBER 7, 1982, AT 6:00 P.M. Mr.Brandt expressed his gratitude at being appointed an Airport Commission member, and stated that he would try to do his best for Apache Junction. Councilman Steelsmith stated that there would be a Planning and Zoning Commission meeting August 24,1982, to review the Zoning Ordinance and zoningregulations. Councilman Shanks requested that the Council Chambers be sprayed to eliminate bugs. Councilman Damiano stated that fire hydrants should be placed frequently throughout the whole City,not just certain areas. Mr.Gero informed the Council that federal guidelines had to be followed in order to receive the grant to finance the fire hydrants. Councilman Damiano requested that the placement of fire hydrants throughout the City be reviewed and alternatives for future possibilities be brought backto Council for review. ADJOURNMENT )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:35 P.M. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PASSED AND ADOPTED ON THE 7TH DAY OF SEPTEMBER , 1982, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J. Cla Mayor ATTEST: Kathleen Connelly City Clerk