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HomeMy WebLinkAbout1982-02-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 2, 1982 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on February 2, 1982, at the Apache Junction 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,CouncilmanSteelsmith,Councilman Shanks, Councilman Hudson,Councilman Damiano,Vice Mayor Hill, Mayor Clarke City Manager,James Tuvell Acting City Clerk/DeputyCity Clerk,Kathleen ConnellyDirectorofPublicWorks, Rich BromanDirector of Public Safety,Bill McDanielDirector of Planning,Joe Gero Ms Opal Hansen 940 East Hondo Apache Junction,Arizona 85220 Mr.Dan Andrews 1975 North LaBarge Road Apache Junction,Arizona 85220 Mr.James Geil,Fire Chief Apache Junction Fire Department Apache Junction,Arizona 85220 Mr.Lenny S noble 2260 South Arizona Road Apache Junction,Arizona 85220 Mr.Carl Otherson,Jr. 3114 East Cody Apache Junction,Arizona 85220 Mr.Ron Kell 646 East Mesquite Apache Junction,Arizona 85220 Mr.Bill Harrel 5055 East 18th Avenue Apache Junction,Arizona 85220 Ms Nancy Koerner 1026 North Goldfield Road Apache Junction,Arizona 85220 Ms Theresa Sherwood 1320 South Hilton Apache Junction,Arizona 85220 Ms Annabelle Richards 2512 East 4th Avenue Apache Junction,Arizona 85220 Mr.Grady McEachern 3315 North Val Vista Apache Junction,Arizona 85220 Ms Ellen Durkin 5435 East 12th Avenue Apache Junction,Arizona 85220 Mr.Dick Hogue,Jr. 2223 North Al Sieber Apache Junction,Arizona 85220 Ms Rosie Dean 472 South Cortez Road Apache Junction,Arizona 85220 Mr.John Schmidt,President Palm Springs Homeowner's Assoc. 1339 South Royal Palm Blvd. Apache Junction,Arizona 85220 Mr.Sam Gardom 1336 South Royal Palm Road Apache Junction,Arizona 85220 Mr.Paul FieldingScottsdale,Arizona Mr.Frank Coxon,Attorney Casa Grande,Arizona 85222 ACCEPTANCE OF THE AGENDA )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE AGENDA,BE AND HEREBY IS,ACCEPTED AS PRESENTED. ACCEPTANCE OF MINUTES OF SPECIAL MEETING OF JANUARY 21,1982 ) )Councilman Hudson 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 JANUARY 21,1982, BE AND HEREBY ARE,ACCEPTED AS PRESENTED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF JANUARY 5, 1982 )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 REGULAR MEETING OF JANUARY 5, 1982, BE AND HEREBY ARE,ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Clarke presented a Certificate of Appreciation to Mrs.Opal Hansen,stating:"Opal Hansen has worked for the past 16 years as a volunteer member of the Apache Junction Library Association. She has devoted a great amount of time establishing the Apache Junction Library and was instrumental in donating the library to theCity. I would like to thank Mrs.Hansen, on behalf of our community,for never giving up and for trying so hard to enable us and our children to have the use of a local public library." Mr.Dan Andrews, 1975 North LaBarge Road, Apache Junction,a member of the Fire Board of Directors of the Apache Junction Fire District, introduced Mr.James Geil,the Apache Junction Fire Chief. Mr.James Geil,stated that he is looking forward to working withthe City Council in the near future. CALL TO THE PUBLIC Mr.Lenny Snoble,2260 South Arizona Road, Apache Junction,addressedthe Council regarding the Business License fees,submitting a complaint regarding the fee schedule. Mayor Clarke stated that the Council is in the process of changing the Business License fee schedule to a staggered schedule one year from the time of obtaining the license. speed test on U.S.Highway 60 is being processed. Mr.Broman informed the Council that U.S.Highway 88 has been striped. PUBLIC HEARINGS PROPOSED RESOLUTION NO.82-01, GENERAL PLAN )Mayor Clarke opened the hearing to the public,informing the public that this is a public hearing with nointentionoftakinglegislativeactionat this time. Mr.Dan Andrews, 1975 North LaBarge Road,Apache Junction,appearing as a member of the Apache Junction FireDistrictBoard,read the following Resolution passed by the ApacheJunctionFireDistrict Board: Apache Junction Fire District Resolution No.82-01,February 2,1982: Present:Pam Bell,Chairman James Hughes,Clerk of Board Chuck Meader Earl Laabs Dan Andrews BE IT RESOLVED BY UNANIMOUS DECISION BY THE APACHE JUNCTION FIRE DISTRICT BOARD OF DIRECTORS THAT THE GENERAL PLAN AS PRESENTED TO CITY COUNCIL OF APACHE JUNCTION BY THE PLANNING AND ZONING COMMISSION BE RETURNED TO THAT COMMISSION FOR FURTHER STUDY. SIGNED: James Hughes,Clerk of Board Mr.Richard Taylor,616 South Saguaro, Apache Junction,Chairman of the Apache Junction Homeowner's Association, stated that the medium density of the presented Plan is a drastic change for the worse. Director of Planning,Joe Gero,statedthatthispublichearingisbeingconducted on documents entitled "Apache Junction:2001,Apache Junction,Arizona;General Plan","Sewage DisposalAlternative","Transportation Plan" and"Population Analysis for ApacheJunction",and "City. Complex Planning"all for Apache Junction,Arizona. Mr.Gero acknowledged the following letters have been received by the City of Apache Junction and which he requested be recorded into the public record: Mr.Phil Hogue, Chairman,Pinal County Planning and Zoning Commission Ms Jan Hiller,President,Apache Junction Chamber of Commerce Mr.James Karam,Supervisor,Pinal County District I I Mr.W.D.Matthews,Professional Engineer,Flood Control District of Maricopa County Mr.Wayne Balmer,Assistant Planning Director and Community DevelopmentCoordinator,City of Mesa Planning Commission Mr.Dudley Onderdonk,Principle Planner,Advanced Planning Division, Maricopa County Planning and Development Mr.Joe Fallini,Arizona State Land Department,urged the City of ApacheJunctionto meet with Maricopa County Flood Control District,and requestedthattheproposeddikeinSection16 be moved northerly.He also urgedthe City of Apache Junction to implement a sewage system which would accomodate the anticipated growth. Mayor Clarke,with no objections fromthe Council,accepted these letters as part of the public record. Ms Midge Conway, 902 South Ocotillo,Apache Villa,Apache Junction,expressed her opposition to the proposal. Ms Conway's initial concern being the high density and water availability. Mr.Chuck Jastrzemski,5722 East 10th Avenue,Apache Junction,objected to the medium density,stating that theland will not support the proposed amount of population,with the result being the exploitation of natural resources. Mr.Carl Otherson,Jr.,3114 East Cody, Apache Junction,stated that many members of the City Council hadpreviouslyexpressedtheir wish for Apache Junction to remain sparcely populated.Mr.Otherson charged these Council members to follow through with this. Mr.Ron Kell,646 East Mesquite,ApacheJunction,member of the Planning and Zoning Commission,stated that he had voted in opposition to the amendments of the proposed General Plan, and objected to the high and medium density areas of the Plan. Mr.Bill Harrel,5055 East 18th Avenue, Apache Junction,expressed a concern for the water problem and urged the Council to move carefully. Ms Nancy Koerner,1026 North Goldfield Road, Apache Junction,stated that the presented Plan presents imcompatible density zones. Ms Theresa Sherwood,1320 South Hilton, Apache Junction,objected to themedium density of certain areas proposed in the presented General Plan. Ms Annabelle Richards,2512 East 4th Avenue,Apache Junction,recommended the adoption of the original General Plan. Mr. Grady McEachern,3315 North Val Vista, Apache Junction,objected to several aspects of the proposed Plan, including the water proposals and the density of population in some areas. Ms Ellen Durkin,5435 East 12th Avenue, Apache Junction,objected strongly to the proposed General Plan which waspresented,specifically the density zoning portion.Ms Durkin also pointed out the problems of pollution and water with a medium and high density population. Mr. Dick Hogue,Jr.,2223 North Al Sieber, Apache Junction,confirmed the opinions of the previous speakers and recommended approval of the original Plan. Mr.Hogue expressed his objections to the density zoning and water feasibility proposed. Ms Rosie Dean, 472 South Cortez Road, Apache Junction,expressed disagreement with Mr.Baljo and recommended approval of the original proposed General Plan. There being no one else 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.82-01,INCLUDING THE PROPOSED GENERAL PLAN AND ALLATTACHMENTS ARE HEREBY REFERRED TO THE PLANNING AND ZONING COMMISSION WITH DIRECTION TO HOLD ANOTHER PUBLIC HEARING AND TO REVIEW ITS RECOMMENDATION AND TO REPORT TO THE CITY COUNCIL ITS RECOMMENDATION FOLLOWING RECONSIDERATION. Councilman Damiano seconded themotion. VOTE:Unanimous The motion carried. Councilman Steelsmith informed thepublicthat the Council is accepting the completion of the contract,so as to meet the requirements of the Four Corners Grant. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CITY COUNCIL ACCEPTS THE DOCUMENT "APACHE JUNCTION: 2001;APACHE JUNCTION, ARIZONA,GENERAL PLAN"AS THE COMPLETE REPORT IN FULFILLMENT OF THE CONTRACTUAL OBLIGATION WITH THE FOUR CORNERS REGIONAL COMMISSION,CONTRACT FCRC NO.101-811-082-2.THE ACCEPTANCE OF THE REPORT AS COMPLETE DOES NOT NECESSARILY IMPLY AGREEMENT WITH THE RECOMMENDATIONS CONTAINED THEREIN. BE IT FURTHER RESOLVED THAT THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO PERFORM THOSE TASKS NECESSARY TO MAKE A FINAL REPORT TO THE FOUR CORNERS REGIONAL COMMISSION IN COMPLIANCE WITH SAID GRANT. Councilman Hudson seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:12 p.m. PROPOSED ORDINANCE NO.94,PALM SPRINGS HOMEOWNER'S ASSOCIATION) )Mayor Clarke opened the hearing to thepublic. Director of Planning,Joe Gero,briefed the Council on the request for rezoning,which is an application for a generally developed subdivision. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. Mr.John Schmidt,President of the PalmSpringsHomeowner's Association,1339 South Royal Palm Boulevard,ApacheJunction,stated that this a lication will help rotect the homeowners Director of Planning,Joe Gero, informed Mr.Fielding that CR-3 has a minimum floor area of 800 squarefeet,and CR-3 Planned Development has a minimum area requirement of 1600 square feet. There being no one else wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No.94,by title only, for the first reading. Acting City Clerk,Kathleen Connelly, read as follows: ORDINANCE NO.94,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-4-81 FOR THOSE CERTAIN AREAS DESCRIBED HEREIN FROM CR-3 SINGLE RESIDENCE ZONE TO CR-3/PD SINGLE RESIDENCE ZONE BY PLANNED DEVELOPMENT,AND FOR THOSE CERTAIN AREAS DESCRIBED HEREIN FROM CR-5 MULTIPLE RESIDENCE ZONE TO CR-5/PD MULTIPLE 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. PROPOSED ORDINANCE NO.127, APACHE ONE PARTNERSHIP the public.) Mayor Clarke opened the hearing to Mayor Clarke requested that Director of Planning,Joe Gero,address the Council regarding Proposed Ordinance No.127,and Proposed Ordinance No.128,the next agenda item. Mr.Gero,stated that Ordinance No.127, is an application for rezoning from CR-5 Multiple Residence zone to CB -2 General Business Zone. The Planning and Zoning Commission recommends the approval of said application.Mr.Gero also explained that Ordinance No.128,is a request for rezoning from GR General Rural to CB -2 General Business Zone, and that the Planning and Zoning Commission recommends approval of this application. Mr.Frank Coxon,Attorney,representing both applicants,addressed the Council on these applications,and requested approval. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application. There being no one else wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No.127,by title only for the first reading. Acting City Clerk,Kathleen Connelly, read as follows: Councilman Damiano asked i f this rezoning case would include any abandonments. PROPOSED ORDINANCE NO.128, APACHE TWO LIMITED to the public. Mr.Gero replied that it would not. )Mayor Clarke opened the hearing Mayor Clarke asked if there was anyone who wished to speak in favoroforinopposition 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 City Clerk to read Ordinance No.128,by title only for the first reading. Acting City Clerk,Kathleen Connelly, read as follows: ORDINANCE NO.128,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-24-81 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.134, PARK AND SWAP VENDOR SPACES(First Reading with Emergency Clause) the public. Mayor Clarke opened the hearing to 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 Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.134,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance.No. 134,by title only for the first reading with the Emergency Clause. Councilman Eidson explained to thepublicthatthePark and Swap manager would collect 35t from each vendor for the parking space,which will be submitted to the City.This will be an added source of revenue for the City. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.134,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 8-6 SWAP MEET OPERATIONS, SECTION 8-6-1 DEFINITIONS AND SECTION 8-6-4 REGULATIONS AND ADDING SECTION 8-6-6 SCHEDULE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS APPOINTMENTS TO THE LIBRARY BOARD )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE ITEM REGARDING THE APPOINTMENT OF LIBRARY BOARD MEMBERS BE REMOVED FROM THE TABLE. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke stated that four Talent Bank Applic&tions for the Library Board vacancies had been received and considered. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT MARGARET CARLIN BE APPOINTED TO SERVE ON THE APACHE JUNCTION LIBRARY BOARD FOR THE TERM TO EXPIRE JUNE 30,1985,AND THAT RUBY FORSBERG BE APPOINTED FOR THE UNEXPIRED TERM ENDING JUNE 30,1984. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS NONE congratulated the Chamber of Commerce and the Parks and Recreation Commission on a terrific parade for Lost Dutchman Days. Councilman Hudson stated that he had received a report from the Charter Government Committee. Councilman Damiano reported on the Airport Commission meeting,stating that the Airport Commission will not be taking any furtheractionuntilthestatusoftheairspaceapplicationisreceivedfrom the Federal Aviation Administration.Councilman Damiano also reported on the American Veterans Memorial Park and the gazebo that will bebeneficialtotheentire community. Councilman Eidson requested that the vacancy of the Board of Adjustment be on the agenda for the next meeting. Mayor Clarke reported that the Library has employed a Librarian,and will have a telephone installed in a few days. Mayor Clarke stated that he attended the National Association of Regional Council federal briefing in Washington D.C..Mayor Clarke informed the Council that "the main thrust of the session was on rural development and energy development block grants.Arizona seems to fit well into the plan."Mayor Clarke stated that he will be working with the City Manager on the particulars later. REQUESTS OF COUNCIL Councilman Steelsmith stated that i t is necessary for the Council to implement a temporary subdivision ordinance. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A WORK SESSION ON THE PROPOSED SUBDIVISION ORDINANCE BE AND HEREBY IS CALLED FOR THURSDAY,FEBRUARY 4,1982,AT 6:30 P.M. IN THE COUNCIL CHAMBERS. BE IT FURTHER RESOLVED THAT THE CITY MANAGER IS HEREBY INSTRUCTED TO MAKE THE NECESSARY ARRANGEMENTS FOR THIS MEETING. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ADJOURNMENT There being no further business to discuss,Mayor Clarke adjourned the meeting at 8:45 p.m. APPROVED THIS 16TH DAY OF FEBRUARY ,1982,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. ATTEST: KATHLEEN CONNELLY Acting City Clerk