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HomeMy WebLinkAbout1982-12-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 7, 1982 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on December 7, 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 Councilman Hudson 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 ConnellyDirectorofPublic SafetyBillMcDanielDirectorofPublicWorks Rich BromanDirector of Planning Joe GeroControllerKeithLewisCity Attorney Arnold Hirsch Mr.John Forsberg 269 N. Winchester Road Apache Junction,Arizona 85220 Mr.Lewis Fitzwater 1765 N.Valley Apache Junction,Arizona 85220 Ms Liz Donalan Apache Junction,Arizona 85220 Ms Jane Valiere 955 N.Cortez Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA )Vice Mayor Hill 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 Hudson seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA ..... )Councilman Shanks 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 APPROVED AS PRESENTED FOR THE FOLLOWING REASONS: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." BE IT FURTHRE PROVIDED THAT THE STAFF IS HEREBY DIRECTED TO HOLD THE QUITCLAIM DEED FOR THE WEST 33'FOR A PERIOD OF UP TO NINETY (90)DAYS TO ALLOW CONSID- ERATION OF AN ABANDONMENT OF MAIN STREET. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS "B"AND "C"BE ACCEPTED AS PRESENTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Introduction'of'Distinguished Guests and Visitors City Clerk Kathleen Connelly recognized members of the Elks Lodge as being present. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented a Certificate of Appreciation to the Elks Lodge #2349,for their contributions to the community. Mr.John Forsberg expressed his appreciation,and introduced several other members, and participants in the ballfield project. Mr.Lewis Fitzwater,and Liz Donalan,Commissioners of the Little League of Apache Junction presented a plaque to the Elks Lodge in appreciation for theballfield. Mr.Forsberg stated that one purpose of the Elks Lodge is to help the youth of the community. present now." Mayor Clarke thanked the Friends of the Library,and stated that this would greatly help the library. Ms Verle Scott,representing the Superstition Mountain Money Bucket Brigade,presented $105.00 collected for the Apache Junction swimmingpool,by passing a bucket along the parade route for Fiesta Del Sol. Councilman Damiano expressed his appreciation for the contributions and efforts made towards bettering the community. Councilman Shanks stated that the Friends worked very hard on the book sale. Mayor Clarke stated that the efforts of every organization is greatly appreciated. CALL TO THE PUBLIC Ms Jean Perkins,616 N.Cactus,Apache Junction,reported on the FiddlersContest,and presented the Mayor with a trophy for his contribution to the Contest. CITY MANAGER'S REPORT City Manager James Tuvell called on Director of Planning Joe Gero to give a report. Mr.Gero reported that December 8, 1982, at 2:30 p.m.,the Development Coordinating Committee will be meeting in the Community Services Building to review preliminary plats for subdivisions,particularly Indian Summer, and Roadhaven. PUBLIC HEARINGS PROPOSED ORDINANCE NO.165, MORGAN/BRACKEN (First Reading) the public.) Mayor Clarke opened the hearing to Director of Planning Joe Gerobriefedthe Council on the rezoning case no. PZ-22-82 from GR General Rural to TH Trailer Homesite.Mr.Gero stated that parcel #2 has been sold by the applicants,so the hearing will be on parcel #1 only,until the new owners indicate a desire to rezone.Mr.Gero informed the Council that the Planning and Zoning Commission recommend approval,and the Development Corodinating Commission recommends approval requesting a requirement of dedication of right-of-way on the north and west sides. 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 this would be provided. Councilman Steelsmith pointed out that the owners of Parcel #2 may not be in favor of Parcel #1 being rezoned either. Mr.Gero reminded the Council thatCity Attorney David Alexander had informed them that the petitions for the rezoning merely initiates the process,but a void of the application does not halt the process. City Attorney Arnold Hirsch stated that he would confirm this. Mayor Clarke asked the City Attorney i f the Council should proceed with the first reading at this time. Mr.Hirsch stated that the Council may wish to continue the hearing to the next regular meeting. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE PUBLIC HEARING ON PROPOSED ORDINANCE NO.165,BE CONTINUED TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL,ON DECEMBER 21,1982 VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.166, CHURCH/LEUNG (First Reading) public. Vice Mayor Hill seconded the motion. ) Mayor Clarke opened the hearing to the Director of Planning Gero briefed the Council on the rezoning application from GR General Rural to TH Trailer Homesite, case no.PZi23-82.Mr.Gero stated that Mr.Clay Worst possesses a power -of-attorney for the applicants,and that the Development Committee has no objections to the rezoning. Mr.Clay Worst,P.O.Box 788, ApacheJunction,Arizona, provided the Council with material,further explaining 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. Mayor Clarke called upon the Director of Planning for the Planning and Zoning Commission recommendation. ORDINANCE NO.166,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-23-82 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE REPEALING ANY CONFLICTING PROVISIONS;PROVIDING 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 A SMALL GAME BINGO LICENSE,SUBMITTED BY MS RUBY L. MULLIS FOR WICKIUP PARK,BE AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF •REVENUE,BINGO LICENSING AUTHORITY. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF DATE FOR GROUNDWATER SYMPOSIUM ....... )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THIS ITEM BE REMOVED FROM THE TABLE. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mr.Gero stated that the properauthoritieshad been contacted as to a convenient date,which would be in mid to late January,possibly January 18,1983. Mr. Tuvell informed the Councilthatthestaff,as well as many citizens are anxious to proceed with this issue. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A SPECIAL STUDY SESSION FOR THE PURPOSE OF CONDUCTING A GROUNDWATER SYMPOSIUM BE HELD ON JANUARY 18,1983, AT 1:30 P.M, IN THE COMMUNITY SERVICES BUILDING. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENTS TO THE FREEWAY COMMITTEE) )City Manager Tuvell provided the Councilwithalistof city/town managers,and Chamber of Commerce presidents,which had each been contacted and asked i f their elected officials and Chamber members would be interested in supporting the Freeway Committee,to which all answeredaffirmative,and also indicated that they would like to participate on the Committee. Councilman Eidson made several suggestions for candidates,to be presented under this item at the next Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting. NEW BUSINESS RESIGNATION AND APPOINTMENTS TO PLANNING AND ZONING COMMISSION ) )Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATIONS OF MR.MARK MCPHERSON AND MR.RICHARD OLTMAN FROM THE PLANNING AND ZONING COMMISSION BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT MARVIN SMITH,AND FRANK JIMINEZ BE APPOINTED TO THE PLANNING AND ZONING COMMISSION TO FILL THE UNEXPIRED TERMS OF MARK MCPHERSON AND RICHARD OLTMAN, SAID TERMS TO EXPIRE JUNE 30,1983,AND JUNE 30,1984 RESPECTIVELY, WITH MR.MARVIN SMITHS TERM TO EXPIRE JUNE 30,1984,AND MR.FRANK JIMINEZ's TERM TO EXPIRE JUNE 30,1983. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENTS TO CITIZENS' ADVISORY COMMITTEE ON CABLE ........TV )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE FOLLOWING INDIVIDUALS BE APPOINTED TO SERVE ON THE CITIZENS'ADVISORY COMMITTEE ON CABLE TELEVISION:DEANE JONES,GLENDA DEBONDT,KERMIT BRESSNER, JERRY BURGESS,RAY JOHNSON. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. Councilman Damiano read the followinglettersofresignationfrom Mark McPherson,and Richard Oltman: To Whom it may Concern: Due to my winter work schedule,I am forced to offer my resignation from the Planning and Zoning Commission.Besides Commission meetings and zoning rewrite Committee meetings,there must also be a number of hours spent on research and review each week.Regretfully,I am unable to commit the necessary time to these activities,and therefore I feel I should step down and let someone who hours taking classes required for my profession.I t has been a pleasure to have been of service to the City of Apache Junction.I hope at somefuturetimeto once again be available to serve the community. Sincerely, Richard Oltman APPOINTMENTS TO PERSONNEL BOARD ) )City Manager James Tuvell explainedthattwotermsonthePersonnel Board have expired,those of Gary Collins, and Marvin Halbert,both of whom would like to be considered for reappointment. Mayor Clarke suggested that these two members be reappointed to the Personnel Board. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT MR.GARY COLLINS,AND MR. MARVIN HALBERT BE REAPPOINTED TO THE PERSONNEL BOARD,SAID TERMS TO BEGIN IMMEDIATELY AND TO EXPIRE NOVEMBER 7, 1983. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-69,205J GRANT ............. )Director of Planning Joe Gero explained that the City of Apache Junction may be a recipient of a grant from waterqualityprotectionagency,with a stipulation that the city provide a 25% match. Councilman Shanks stated that the city should take advantage of any grants or opportunities such as this particular grant. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.82-69,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,REQUESTING APPROVAL FROM THE STATE OF ARIZONA AND THE U.S.ENVIRONMENTAL PROTECTION AGENCY FOR FUNDING OF A COOPERATIVE PROJECT TO BE UNDERTAKEN BY THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS AND CITY OF APACHE JUNCTION, ARIZONA,AS PROVIDED FOR IN SECTION 205 (J)OF THE CLEAN WATER ACT IN AN AMOUNT ESTIMATED TO BE $10,000.00 TOTAL, SAID CITY PROVIDING A MATCH OF TWENTY-FIVE (25%)PERCENT ESTIMATED TO BE $2,500.00 FROM ACCOUNT #001-106-522-07-68,DECLARING THAT THE CITY BELIEVES THAT THERE IS AN IMPORTANT WATER QUALITY PROBLEM AND WILL TRY TO IMPLEMENT MEASURES TO ALLEVIATE OR AVOID WATER QUALITY PROBLEMS,AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS TO CARRY OUT THIS PROJECT,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON DECEMBER 21, 1J82, AT 6:00 P.M.,IN THE CITY HALL COMPLEX. Councilman Damiano seconded the motion. Mayor Clarke MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A SPECIAL MEETING AND AN EXECUTIVE SESSION BE HELD AT THE CITY HALL COMPLEX ON DECEMBER 15,1982, AT 7:00 P.M. Councilman Damiano seconded the motion. VOTE:Unanimous (first motion) The motion carried VOTE:Unanimous (second motion) The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Eidson reported on the Board of Adjustment meeting of December 6, 1982,pertaining to the McDonalds sign for which a variance was denied, alsostatingthattheBoard of Adjustment regular meetings have been changed to the second Monday of every month. Councilman Damiano reported on the Airport Commission meeting of December 7, 1982. Councilman Shanks reported that the Swimming Pool Committee is investigating various alternatives to raising funds for the pool,also informing the Council and public that the Christmas Tree lighting ceremony went very well,with Santa Claus attending. Councilman Steelsmith informed the Council that there will be a Planning and Zoning Commission meeting Thursday,December 9, 1982, at 7:00 p.m.,in the Community Services Building,following will be a zoning ordinance rewrite meeting. REQUESTS OF COUNCIL Mayor Clarke read the following letter into the record: The Honorable Mayor and Members of the City Council Dear Councilmembers: I t has been my honor and privilege to serve on the City Council of the City of Apache Junction.I t is with regret,and with anticipation toward thefuture,that as a result of my successful campaign for the Arizona StateLegislature,I must hereby render my resignation to be effective January 1, 1983. As time progresses the city will be faced with some difficult times due to the financial constraints currently being placed on all levels of government. As these financial cuts reach the state level they will filter down to the municipal level.During the time I have been on the council I have observed the conservative and wise manner in which money has been expended.As aresultofthesoundmanagementandtheinterestofthecitzens,I see no overwhelming worries that will prevent Apache Junction from becoming a great city. May notification of resignation is being given at this time in order that the Council may begin the process of appointing a replacement and the newly appointed councilmember may become acclimated to the position and begin preparation to assume office on Janaury 1, 1983. Again,i t has been an honor and a privilege to serve the City of Apache Junction as councilmember. Sincerely, Roy Hudson Councilmember Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF COUNCILMAN ROY HUDSON,EFFECTIVE JANUARY 1, 1983, BE AND HEREBY IS ACCEPTED WITH REGRET. Councilman Steelsmith seconded the motion. VOTE:In Favor:Councilman Damiano,Councilman Eidson,Councilman Shanks, Councilman Steelsmith,Vice Mayor Hill,Mayor Clarke Abstained:Councilman Hudson The motion carried. Mayor Clarke read the following into the record: "The improvement and maintenance of streets in Apache Junction has been number one on our list of priorities. Under the direction of this Council,the Department of Public Works has undertaken and completed many projects in street construction and repair.I commend them on a job well done. It was very disheartening to me,to learn that we may expect a reduction of approximately 33%in revenue from the Highway Users.This could amount to $200,000 less funds for our street programs for the balance of this fiscalyear. I ask the Council to join with me in an effort to stretch the funds budgetedfor street improvements. Also,I suggest that we do not approve the funding of new programs or projects that are budgeted.New funding will cause a drain on the contingency balance. Furthermore,I suggest we ask the City Manager to direct the Department ofPublicWorkstoputamoritorium on the purchase of equipment and the employing of more workers during this period of uncertainty. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED AND ADOPTED THIS 21S1DAY OF DECEMBER , 1982, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Clar Mayor ATTEST: Kathleen ConnellyCityClerk