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HomeMy WebLinkAbout1982-11-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 16,1982 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 16,1982, 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 7:00 p.m. INVOCATION Councilman Eidson led the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Hill led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Eidson,Councilman Hudson,Councilman Steelsmith, Councilman Shanks,Councilman Damiano, Vice Mayor Hill, Mayor Clarke City Manager J.James Tuvell, Jr.City Clerk Kathleen Connelly Director of Public Works Rich Broman Representing Director of Public Safety Lieutenant Ed SederDirectorofPlanningJoe GeroControllerKeithLewisCity Attorney Arnold Hirsch Mr.Jeff Anderson 2196 S. Cactus Road Apache Junction,Arizona 85220 Mr.R.G. Smyers 1724 W.Linda Mesa,Arizona Ms Priscilla Gardner 5640 E.Shiprock St. Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA ) Vice Mayor Hill MOVED THAT BE IT RESOLVED BY ACCEPTANCE OF CONSENT AGENDA )Councilman Damian°MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEM "A"BE ACCEPTED AS PRESENTED. Councilman Hudson seconded themotion. VOTE:Unanimous The mOtion carried. Introduction of Distinguished Guests and................Visitors Mayor Clarke introduced his brother and wife,Mr.and Mrs.Adam Clarke from Seattle,Washington. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Jeff Anderson,2196 S.Cactus Road, Apache Junction,addressed theCouncil, pointing out the need for a community swimming pool. CITY MANAGER'S REPORT City Manager James Tuvell explained that the Department of Public Safety request for reclassification of the present Clerk/Receptionist position,with the addition of duties,to Clerk/Receptionist/Warrant Clerk. PUBLIC HEARINGS PROPOSED ORDINANCE NO.162, STACHAR (First Reading) public.) Mayor Clarke opened the hearing to the Director of Planning Joe Gero briefed the Council on the rezoning case no. PZ-21-82,from GR General Rural to THTrailerHomesite,with Mr. Keith Stachar representing the applicant with Powerof Attorney. Mr.Gero stated that the Planning and Zoning Commission recommends approval and the staff has received one letter ofprotest. Mr.Keith Stachar,representing the owners,requested approval of the application. Mayor Clarke asked i f there was anyone Mr.Gero answered that the opposing owners are located at Ironwood,just north of Shiprock. Councilman Damiano wished to knowif a wall would be built around the proposed mobile home park. Mr.Stachar stated that this is a requirement. Mayor Clarke called upon the City Clerk to read Ordinance No. 162 by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.162,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 NO.PZ-21-82 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Mayor Clarke amended the agenda to place item no.8 under "public hearings". MAJOR AMENDMENT TO PZ-1-81/S-1-82, SUNNY LANE ESTATES ) Mayor Clarke opened the hearing to the public. Mr.Gero stated that this amendment does not require an ordinance to amend an already changed zoning,as theoriginalordinancechanged the map only,but a vote is needed to change the plan. Mr.R.G.Smyers,1724 W.Linda, Mesa,Arizona,requested that the amendment be approved by 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 DevelopmentCoordinatingCommittee and Planning and Zoning Commission recommend approval to the Council. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN CASES PZ-2-81/S-1-82 (SUNNY LANE ESTATES SUBDIVISION)APPLICATION OF KEITH BULLOCK BY BUTCH SMYERS SEEKING A MAJOR AMENDMENT TO THEIR PLANNED DEVELOPMENT ZONING DISTRICT AND SUBDIVISION BY LETTER DATED OCTOBER 10,1982, AND AMENDED NOVEMBER 8, 1982, BE AND HEREBY IS,APPROVED. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Steelsmith,Councilman Damiano,Councilman Hudson, Councilman Eidson,Councilman Shanks,Vice Mayor Hill rezoning petition,stating that because of a percentage of opposition the Council must approve this ordinance by unanimous vote. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.155,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded themotion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 155 by title only for the second reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.155,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-13-82 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.155,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-13-82 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES,BE AND HEREBY IS APPROVED AND ADOPTED FOR THE FOLLOWING REASONS: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." Vice Mayor Hill seconded the motion. Councilman Eidson stated that despite the fact that the Planning and Zoning Commission recommend approval of this rezoning,there are several surrounding property owners who oppose this rezoning, and asked i f there are any members of the Planning and Zoning Commission present who would like to comment. Councilman Hudson expressed his concernthatthereareso many oppositions to the rezoning. Mayor Clarke reminded the Council thatthisordinancedidappearbeforethempreviouslyand was returned to the Planning and Zoning Commission for a rehearing due to the protests,and no one apppeared at the rehearing to protest so it would appear that the Planning and Zoning Commission followed their requirements. Councilman Steelsmith stated that the Council could send the ordinance back for a rehearing but,no doubt,it would return with the same conclusion as the rezoning does follow the General Plan. VOTE:In Favor:Councilman Damiano,Councilman Eidson,Councilman Hudson, Councilman Steelsmith,Vice Mayor Hill,Mayor Clarke Opposed:Councilman Shanks ,City Clerk Kathleen Connelly, stated that as this proposed ordinancerequiresa unanimous vote to carry,the motion has failed. Mr.Gero informed the Council that the applicant may be required to wait six months before filing again,andwillhave to pay a new filing fee. APPOINTMENTS TO FREEWAY COMMITTEE ) Mayor Clarke asked i f there were any new candidates for the Freeway Committee. Councilman Eidson MOVED THAI BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT APPOINTMENTS TO THE FREEWAY COMMITTEE BE CONTINUED TO THE REGULAR MEETING OF DECEMBER 7, 1982. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS COURT MANAGEMENT STUDY )City Manager Tuvell informed the Council that the City Magistrate has requested a management study of thecourt,which the Council had -icussed at a previous study session. Mr.Tuvell state.0 that the consensus •seemed to be that an outside consultant be secured to pel-form the study. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE DRAFT "REQUEST FOR PROPOSAL"FOR A MAGISTRATE COURT MANAGEMENT STUDY,BE AND HEREBY IS APPROVED. BE IT FURTHER RESOLVED THAT THE FOLLOWING INDIVIDUALS BE APPOINTED TO SERVE ON THE MAGISTRATE COURT -MANAGEMENT STUDY COMMITTEE: MAYOR CLARKE,CITY MAGISTRATE,CITY ATTORNEY,CITY MANAGER,DIRECTOR OF PUBLIC SAFETY. Vice Mayor Hill seconded the motion. Councilman Damiano felt that funds spent for a consultant could be used to enlarge the court or some other necessity. VOTE:Unanimous Councilman Steelsmith expressed his reluctance to release a large amount of money for a publicity campaign at this time,feeling that it would be premature. Mayor Clarke wished to know i f theAirportCommission is requesting funds for advertisement or consultant fees. Ms Gardner replied that at this time only/funds for advertisement. Councilman Hudson stated that now is not the time for a publicity campaign, as the citizens should approve spending of additional funds for this purpose,especially as the Governor's Task Force has not given a recommendation yet. Councilman Damiano stated that the funds should be set aside as it would then be available i f and when the Task Force gives its recommendation for approval of the proposed airport. Vice Mayor Hill agreed,saying that i f the funds are necessary,they should be available. Councilman Hudson stated that the City Council should not be pro or con on the airport,as many citizens do not want theairport,so therefore the City should not be financing only the pro side of the campaign. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE SUM OF $4,000.00 FROM ACCOUNT NO."TO BE DETERMINED"BE AND HEREBY ARE ENCUMBERED FOR THE PURPOSE OF AIRPORT CONSULTANT SERVICES. BE IT FURTHER RESOLVED THAT A STATEMENT DEFINING A SCOPE OF WORK BE APPROVED ON AN AS NEEDED BASIS BY THE AIRPORT COMMISSION PRIOR TO THE CONSULTANT BEGINNING WORK. Vice Mayor Hill seconded the motion. Councilman Hudson reiterated that the taxpayers should not finance campaigns either for or against the airport. Councilman Damiano asked if,in the event the Federal Aviation Association approves the airport,where would theAirportCommissionobtainthefundstofurthertheairport. Vice Mayor Hill stated that if the City is going to progress one way or the other with the airport the public should be made aware of the pros and cons,and the -funds will be necessary for this process. VOTE:In Favor:Councilman Shanks,Councilman Damiano, Vice Mayor Hill, Councilman Eidson Opposed:Councilman Steelsmith,Councilman Hudson, Mayor Clarke The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:20 .m. the Council has discussed this issue at several study sessions,and presented the Council with a list of requirements of various cities throughout the state: "The following criteria are suggestions only.You may wish to include all, some or add some of your own. 1.Appointees must reside within the corporate limits of the City of Apache Junction (either for a specific -period of time or with no time provision). 2.Appointees must be an elector (registered voter)for the city elections. 3. Appointees must declare Apache Junction as their principal place of residence. (This can be accomplished by requiring a signed affidavit at the time ofapplication). 4.Appointee must have all vehicles registered and driver's livense address in the Apache Junction city limits at a street address,not a post office box(if individual drives and owns vehicles). 5.Appointee must have a city of Apache Junction street address.No post office boxes will be acceptable. 6.The address for the appointee's driver's license and vehicle registration must be the same as the resident address listed on the talent bank application. 7.Appointee must reside at and receive mail at the declared resident addresswithinthecity limits unless there is no mail receptacle. You may wish to add the following stipulations: 1.Appointee cannot be absent from the city for more than 30 days withoutpriorapprovalfrom the Council.(This is already included on presenttalentbankapplication).You may wish to specify for what reasons they may be absent such as vacation,business,etc. 2. I f the appointee moves outside of the city limits,they must vacate theposition(in either 30 days or immediately upon moving). Ms Connelly added that at the present the City code of the City of Apache Junction states that all Board or Commission members must be residents of the City,so i f the Council wish to change this i t must be accomplished by ordinance. Councilman Shanks stated that i f this is what the Code says,than the City Council should follow it,and there is no need for change. Councilman Hudson stated that this issue has been discussed many times,and Board and Commission members should be residentsof the City. Councilman Eidson expressed his opinionthatpeopleoutsidethecityshould not be in a position to make policy decisions. Councilman Damiano asked the CityClerki f the suggested criteria were what the various cities used,or simplythatthey must be residents. Ms Connelly replied that their requirements are simply that members must be residents. City Manager Tuvell explained that the question is,what is necessary to determine i f the appointee is indeed a resident. Councilman Shanks 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 HAVE DOCUMENTS DRAWN UP VERIFYING RESIDENCY TO INCLUDE AN AFFIDAVIT SIGNED BY THE APPLICANT AND A REVISED TALENT BANK APPLICATION. BE IT FURTHER RESOLVED THAT ALL FUTURE TALENT BANK APPLICATIONS EXPIRE TWELVE (12)MONTHS AFTER THE APPLICATION DATE. Councilman Damiano seconded the motion. Councilman Hudson amended the motion to read that the affidavit read that the applicant must be a qualified elector. Vice Mayor Hill seconded the amendment. VOTE:(on original motion)Unanimous The motion carried. VOTE:(on motion as amended) Unanimous The motion carried. City Manager asked the Council to take action on the reclassification in the Department of Public Safety. Mayor Clarke MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE "REQUEST FOR RECLASSIFICATION"FOR A POLICE DEPARTMENT CLERK/RECEPTIONIST/ WARRANTS CLERK BE AND HEREBY IS APPROVED AS PRESENTED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,DECEMBER 6, 1982 WORK AND EXECUTIVE SESSIONS, DECEMBER 7, 1982 )Councilman Damiano 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 COMPLEX ON DECEMBER 6, 1982, AT 7:00 P.M. BE IT FURTHER RESOLVED THAT A WORK SESSION AND AN EXECUTIVE SESSION BE HELD IN THE CITY HALL COMPLEX ON DECEMBER 7, 1982, AT 6:00 P.M. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Eidson reported on cases that have come before the Board of Adjustment,and informed the Council that on December 6, 1982,there will be a continued meeting on the McDonalds sign. Vice Mayor Hill expressed a wish to see the Freeway Committee get started. Councilman Steelsmith informed the Council that Thursday,November 18, 1982, the Subcommittees for the Zoning Ordinance Rewrite,will be meeting in the Community Services Building,and also apologized to the public for the lack of quorum at the Planning and Zoning Commission meeting. Councilman Hudson reported that Superintendent of Community Services JeffBellisprogressing with the sprinkler system at the baseball field,which is located at the schools. Mayor Clarke reported that he had been invited to read a story to four year olds at the Library,and that the Librarian is doing a terrific job. REQUESTS OF COUNCIL Councilman Shanks announced that the Library is having a used book sale on November 18, 19,and 20, 1982. Mayor Clarke read the following into the record: "As Mayor,I am often requested to sign proclamations for various causes andorganizations.These proclamations are usually published in the local news- papers and posted in several locations throughout the City. The proclamation I signed today was necessary to fulfill a legal requirementfortheupcomingcityprimary election. Due to the legal nature of this proclamation and its importance,I would like to read i t aloud and into the official record of this Council meeting. WHEREAS,in accordance with the Arizona Revised Statutes §16-202,i t is necessary that official notice of an impending primary election be given at least 120 days prior to the regular primary election;and WHEREAS,i t is the responsibility of the Mayor and the governing body to issue this wisitten notice to the City Clerk and; WHEREAS,this notice must designate the offices for which candidates are to be nominated at this primary election; NOW, THEREFORE I ,WENDELL J.CLARKE,MAYOR OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES,STATE OF ARIZONA, DO HEREBY PROCLAIM TUESDAY, MARCH 22,1983, AS "PRIMARY ELECTION DAY"FOR THE CITY OF APACHE JUNCTION. AND HEREBY DIRECT THE CITY CLERK TO MAKE THE NECESSARY PREPARATIONS FOR THIS PRIMARY ELECTION AT WHICH THE CANDIDATES FOR SEVEN POSITIONS ON THE The candidates packets for nominations for this election can be picked up at the City Clerk's office on or after December 7, 1982. If you wish information on the upcoming Primary Election,please contact the City Clerk." Mayor Clarke congratulated Councilman Hudson for his elected position to the House of Representatives,and expressed his appreciation for the good job done on the Council. 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 8:47 P.M. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 7TH DAY OF DECEMBER , 1982, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. .441 Wendell J.Clar Mayor ATTEST: A-6-e Kathleen ConnellyCityClerk ,11.?