HomeMy WebLinkAbout1982-03-16 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
MARCH 16,1982
The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on March 16,1982,at the Apache Junction
Council Chambers pursuant to the notice required by law.
CALL TO ORDER
Mayor Clarke called the meeting to order at 7:02 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:
Councilman Hudson,CouncilmanSteelsmith,Councilman Damiano,
Councilman Shanks,Councilman
Eidson,Vice Mayor Hill,
Mayor Clarke
City Manager,James TuvellCity Clerk,Kathleen ConnellyDirector of Public Safety,Bill McDanielDirector of Public Works,
Rich BromanDirector of Planning,Joe GeroCity Attorney,Arnold Hirsch
Others Present:Mr.Boyd Richardson
Texas American Cable Television
Mr.Jack Reed
Texas American Cable Television
Mr.Robert O.Stevenson
Countryside Trailer Park
ACCEPTANCE OF THE AGENDA )
) Councilman Eidson 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.
Vice Mayor Hill seconded the motion.
Councilman Hudson seconded the motion.
VOTE:Unanimous
The motion carried.
AWARDS,PRESENTATIONS,AND COMMUNICATIONS
Mayor Clarke read the following letter:
Dear Mayor Clarke:
I am writing this letter in appreciation for the work of
Mr.Jeff Bell, your Community Services Superintendent.
Jeff organized and directed the Golden Age Softball Leagueat which we were participants.The value of the softball
game,to we Seniors in terms of conditioning,fun,and
comradship was very much appreciated.Again to you,yourCity,and Jeff,we give our thanks.
John DeJong,Manager
Val Vista Village Softball Team
233 N.Val Vista Drive,Space 607
Dear Mayor Clarke:
We on the softball team of Countryside Trailer Park wish to
express our thanks to your staff for their efforts in organizing
the Golden Age Softball League.We especially want to convey
our appreciation to Jeff Bell and his two associates for a
job well done.
To be able to compete in sports at our age is unheard of inother parts of the country.We will be back next season and
hopefully to an expanded league.
Thanks again.
Sincerely,
Ed Rochester,President
Don Dargis,Vice President
Tom Lucas, Manager
Vice Mayor Hill introduced Mr.Boyd Richardson and Mr.Jack Reed of
Texas American Cable Television.
Mr.Jack Reed addressed the Council with information on cable television
and the Texas American Cable Television Company.Mr.Reed further informedthe Council that Texas American Cable Television would provide free service
to educational facilities and should be a strong source of revenue for theCity.
Councilman Damiano asked how much cable television would cost perinstallation.
Mr.Reed stated that it would cost a roximatel $8.50 to $9.50 er
Councilman Steelsmith asked what the approximate revenue would be
for a city of Apache Junction's size.
Mr.Reed stated that an approximate amount of revenue for thefirst year would be $25,000.00.
Councilman Hudson asked i f people outside the City limits would
be able to obtain cable television with the City program.
Mr.Reed replied that the Company would have to work with theCounty for anyone outside City limits.In some instances, counties
will give the city a percentage of the franchise.Mr.Reed outlined
some of the special additional programs such a§computerized monitoring
of homes,energy conservation programs,and medical alerts,providing
the Council with a construction manual and other material.
CALL TO THE PUBLIC
Mr.Robert O.Stevenson,Countryside Trailer Park, congratulated
the Council and Mr.Jeff Bell,Superintendent of Community Services,
on the recreational programs.Mr.Stevenson complimented the City
of Apache Junction on the softball programs, expressing his and other
senior citizens'enjoyment of the games.
CITY MANAGER'S REPORT
Mr.James Tuvell,City Manager,announced that the Lions'Club
would be planting an evergreen tree at City Hall,on Thursday,
March 18,1982,at 9:30 a.m.,and invited the Council and public
to attend the event.
Director of Public Works Rich Broman,reported the completion of
repairing a section of Plaza Drive.
Mr.Tuvell reminded the Council and public of a Work Session on
March 23,1982,pertaining to street repair alternatives.
PUBLIC HEARINGS
None.
OLD BUSINESS
PROPOSED ORDINANCE NO.132,
NOVAK (Second Reading) )
)Director of Planning Joe Gero,briefed
the Council on rezoning case PZ-1-82,from GR General Rural to CB -2
General Business.
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.132, BE READ BY TITLE ONLY,
AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED.
Mayor Clarke called upon the City Clerk
to read Ordinance No.132,by title only for the second reading.
City Clerk Kathleen Connelly,read asfollows:
ORDINANCE NO.132,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-1-82 FROM GR (GENERAL RURAL)TO CB -2 (GENERAL BUSINESS
ZONE);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;
AND PROVIDING PENALTIES.
Councilman Damiano MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT ORDINANCE NO.132,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-1-81
FROM GR (GENERAL RURAL)TO CB -2 (GENERAL BUSINESS ZONE);REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES,
BE AND HEREBY IS,APPROVED.
Vice Mayor Hill seconded the motion.
Councilman Hudson opposed the motion,stating that he felt the applicant's dedication of right-of-way should
be stated in the Ordinance.
Mr.Gero stated that the Arizona Revised
Statutes provides that a city may,by ordinance,require the dedication of
rights -of -way,and the staff is in the process of preparing that.
VOTE:Unanimous
The motion carried.
PROPOSED ORDINANCE NO.133,
BUSINESS LICENSES AMENDMENTS
(Second Reading)
)City Clerk Kathleen Connelly stated that
the amendments are a clarification of the licensing procedures,including
an establishment of a staggered renewal date of business licenses,that
businesses not be licensed for a particular occupation or for each location
of the business,that each business be required to be licensed even i fthere are more than one in a building,that there be a special provisionforspecial -event licenses,and other amendments.
Councilman Shanks MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT THE READING OF ORDINANCE NO.133,BE READ BY TITLE ONLY,
AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED.
Councilman Damiano seconded the motion.
VOTE:Unanimous
The motion carried.
ISSUANCE OF REGISTRATION CARDS;ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE
TAX,SECTION 8-5-2 LICENSE REQUIRED,SECTION 8-5-4 SCHEDULE, SECTION 8-5-11
SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS BY DELETING SAID
SECTION 8-5-11,AND SECTION 8-5-18 TRANSFERABILITY, ASSIGNABILITY;ARTICLE
8-6 SWAP MEET OPERATIONS,SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET
PROPRIETOR AND SECTION 8-6-3 UNLAWFUL PRACTICES OF SWAP MEET VENDOR;
REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
Councilman Steel smith MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT ORDINANCE NO.133, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE BY AMENDING ARTICLE 8-1 PEDDLERS, SECTION 8-1-3 ISSUANCE OF REGISTRATION
CARDS;ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-2 LICENSE
REQUIRED,SECTION 8-5-4 SCHEDULE, SECTION 8-5-11 SEPARATE LICENSE REQUIRED
FOR SEPARATE PLACES OF BUSINESS BY DELETING SAID SECTION 8-5-11,AND SECTION
8-5-18 TRANSFERABILITY, ASSIGNABILITY;ARTICLE 8-6 SWAP MEET OPERATIONS,
SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET VENDOR;REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS,
APPROVED.
Councilman Damiano seconded the
motion.
VOTE:Unanimous
The motion carried.
PROPOSED ORDINANCE NO.140,
AIRPORT COMMISSION MEMBERSHIP
(Second Reading)
)Councilman Damiano stated that the Airport
Commission is requesting that two members be appointed outside the City limits,within a 10 mile radius.
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.140,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.140,by title only for the second reading.
City Clerk Kathleen Connelly,read asfollows:
ORDINANCE NO.140,AN ORDINANCE OF THE
CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE CITY CODE AND ORDINANCE NO.108
SECTION 2-9-2A;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
Councilman Damiano requested that
two members of the Airport Commission be appointed that live outsideCitylimits,as in the near future these areas will probably be
annexed,and these people have an interest in the City of Apache Junction.
Councilman Edison agreed with this,
but added that if approved all of the Commissions and Boards will want
to do the same thing and would carry i t too far.
Councilman Steelsmith expressed hisdisapproval of the Ordinance as a commission,such as the Planning and
Zoning Commission,could not allow members from outside City limits.
VOTE:In Favor:Councilman Damiano,Vice Mayor Hill
Opposed: Councilman Shanks,Councilman Hudson, Councilman Eidson,
Councilman Steelsmith,Mayor Clarke
The motion failed.
SPRINKLER SYSTEM REQUEST ......
)Superintendent of Community ServicesJeff Bell,requested that an additional $4,000 be appropriated formaterials,due to inflation.Mr.Bell stated that the Schools willinstallthesystemif the City supplies the material.
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 REVIEW THE CURRENT
BUDGET FOR AVAILABLE FUNDS NOT TO EXCEED $4,000 FOR THE PURPOSE OF
PURCHASING MATERIALS TO IRRIGATE THE JOINT BALLFIELD PROJECT.THIS
AMOUNT WILL BE ADDED TO THE PREVIOUSLY REQUESTED $6,000,AND WILL
PROVIDE THE CITY'S SHARE OF THIS IRRIGATION PROJECT.
BE IT FURTHER RESOLVED THAT THE CITY MANAGER IS DIRECTED TO INVESTIGATE
THE POSSIBILITY OF A JOINT BIDDING PROCESS INVOLVING REPRESENTATION FROM
BOTH THE CITY AND SCHOOL DISTRICT.
Councilman Hudson seconded the motion.
Councilman Damiano stated that theCityandSchool, by working together,are saving the citizens money.
VOTE:Unanimous
The motion carried.
Mayor Clarke recessed the meeting.
Mayor Clarke reconvened the meeting at 8:16 p.m.
NEW BUSINESS
PROPOSED RESOLUTION NO.82-06,
ESTABLISHING SPEED LIMITS .....))Director of Public Safety Bill McDaniel,
Vice Mayor Hill seconded the motion.
VOTE:Unanimous
The motion carried.
PROPOSED RESOLUTION NO.82-09,
MANDATORY SOLAR ACCESS .....
)Director of Planning Joe Gero, explainedthatthisResolutionisdeclaring the City of Apache Junction's opposition
to the House Bill 2129.The bill is very vague,and may result in far-
reaching urban form changes.
Mr.James Tuvell,City Manager,further
explained that this Resolution is not opposing solar access,but the HouseBillas i t is presented at this time.
Councilman Damiano MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT RESOLUTION NO.82-09,A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA DECLARING THE CITY
COUNCIL'S OPPOSITION TO THE PASSAGE BY THE ARIZONA STATE LEGISLATURE
OF HOUSE BILL 2129,MANDATORY SOLAR ACCESS,BE AND HEREBY IS,ADOPTED
AND APPROVED.
Councilman Steelsmith seconded the
motion.
VOTE:Unanimous
The motion carried.
PROPOSED RESOLUTION NO.82-08,
PROPOSED RESOLUTION NO.82-11,
DEREGULATION OF CABLE TELEVISION)
)Director of Public Works Rich Broman,
informed the Council that these Resolutions express the City of ApacheJunction's opposition to House Bill 2383,pertaining to the regulation of
cable television,and emphasizes the City's right to regulate cabletelevisioncompanies.
Councilman Hudson stated that proposed
Resolution No.82-11 expands on proposed Resolution No.82-08 and
recommended that the Council accept Resolution No.82-11.
Councilman Hudson MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT RESOLUTION NO.82-11,A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,OPPOSING
HOUSE BILL 2383,PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA
35TH LEGISLATURE,AND DECLARING AN EMERGENCY,BE AND HEREBY IS,APPROVED.
Vice Mayor Hill seconded the motion.
VOTE:Unanimous
The motion carried.
Councilman Steelsmith MOVED THAT BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT RESOLUTION NO.82-12,A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING SUPPORT FOR
SENATE BILL 1362,LOTTERY FUND USE,AS AMENDED BY THE FINANCE COMMITTEE,
AND URGING ITS PASSAGE BY THE STATE OF ARIZONA 35TH LEGISLATURE,BE AND
HEREBY IS,APPROVED.
Councilman Shanks seconded the motion.
Councilman Hudson asked i f just a
percentage would be use on recreational programs.
Ms Connelly confirmed this.
Councilman Damiano reiterated that the
Council would have to approve where the designated funds would be used.
VOTE:Unanimous
The motion carried.
LETTER OF INTENT FOR
COMMUNITY BLOCK GRANTS
)Director of Plannino Joe Gero,briefedthe Council.Mr.Gero stated that this letter alerts Central Arizona
Association of Governments of the City's intention to apply for a grant.
Mr.Tuvell informed the public thatMayor Clarke has been elected by the Council to run for the position of
Vice President of Central Arizona Association of Governments.
Councilman Damiano MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIOZNA,THAT THE LETTER OF INTENT FOR A COMMUNITY DEVELOPMENT BLOCK
GRANT TO THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS,BE AND HEREBYIS,APPROVED.
Councilman Steelsmith seconded the
motion.
VOTE:Unanimous
The motion carried.
WORK SESSION,
APRIL 6, 1982 ..............
)Councilman Shanks MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT A WORK SESSION AND AN EXECUTIVE SESSION BE HELD IN THE
CITY COMPLEX ON THE 6TH DAY OF APRIL,1982,AT 6:00 P.M.
Vice Mayor Hill seconded the motion.
VOTE:Unanimous
The motion carried.
VOTE:Unanimous
The motion carried.
City Manager James Tuvell,reminded the
Council of the Work Session on March 30,1982,on Personnel Policies,and
the Work Session on March 23,1982,regarding street alternatives.
INFORMATION AND REPORTS
(COUNCIL LIAISON• REPORTS)
Councilman Shanks reported on the Apache Junction Area Community
Foundation.
Councilman Steelsmith reported on the Planning and Zoning Commission
study session on the General Plan,which will be presented to the City
Council at a later date.
Councilman Hudson expressed his concern that the City does not have
a required right-of-way dedication ordinance.
Councilman Damiano reported that the Veteran's Gong Show was a big
success.
Vice Mayor Hill requested that American Cable Television be invited
to make a presentation at the April 6,1982,Council meeting.
Mayor Clarke reported on the Library Board meeting,stating that i t
was a very constructive meeting.
REQUESTS OF• COUNCIL
Councilman Shanks read the following Proclamation:
Apache Junction Area Community Foundation Week
WHEREAS,the City of Apache Junction is a growing entity with a
steadily increasing population;and
WHEREAS,Apache Junction,still in its infancy,does not have
the resources to provide all services required by its residents;and
WHEREAS,the Apache Junction Area Community Foundation is anorganizationofprivate citizens in the Apache Junction area working
toward a common need;and
WHEREAS,this Foundation has been established to aid and encouragethe well-being of all residents regardless of race,color or creed;
NOW,THEREFORE,I , Wendell J.Clarke,Mayor of the City of ApacheJunction,Arizona,do hereby proclaim March 21st through March 27th as
"APACHE JUNCTION AREA
COMMUNITY FOUNDATION WEEK"
and do urge all citizens to:
Mr. Tuvell stated that it would be appropriate for the Council totake action on the Proclamation at this time.
Councilman Shanks MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT THE MAYOR BE AUTHORIZED TO SIGN THE PROCLAMATION ON THE
"APACHE JUNCTION AREA COMMUNITY FOUNDATION WEEK."
Councilman Damiano seconded the motion.
VOTE:Unanimous
The motion carried.
Councilman Steelsmith stated that some of the City Ordinances arenot suited to individual needs and one particular instance is the zoningof the "Poodle Palace",which the Council may make an exception for.
Councilman Steelsmith MOVED THAT BE IT
RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT THE PROPOSED BUSINESS CALLED THE "POODLE PALACE"WOULD BE
NO MORE OBNOXIOUS OR DETRIMENTAL TO THE WELFARE OF THE COMMUNITY THAN THE
ENTERPRISES OR BUSINESSES ALREADY LISTED AS APPROVED USES UNDER SECTION 1501.b
OF THE LAND DEVELOPMENT CODE OF THE CITY OF APACHE JUNCTION;AND IS DECLARED
TO BE SIMILAR IN USE TO THOSE USES SPECIFIED IN SECTION 1501.b OF THAT ACT.
Councilman Damiano seconded the motion.
VOTE:Unanimous
The motion carried.
Councilman Eidson again explained that the action on the airport atthe last meeting was intent to study and investigate the location andprobabilityof an airport,not a decision on the issue.
Councilman Eidson reported that Phoenix is number one in the nationfor fatal accidents,the main factor being speed. Councilman Eidson
requested that the City Manager and Rich Broman set up appointments with
the State Department of Transportation and Governor Babbitt to discuss the
lowering of the speed limits on U.S.Highway 60.
Councilman Hudson requested that residents inform their local state
representatives of their feelings regarding the extension of the Superstition
Freeway.
ADJOURNMENT
RESOLVED BY THE MAYOR AND
ARIZONA,THAT THE MEETING
VOTE:Unanimous
The motion carried.
) Councilman Damiano MOVED THAT BE IT
CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
BE ADJOURNED AT 9:00 P.M.
Councilman Hudson seconded the motion.
APPROVED THIS 6TH DAY OF .................APRIL ,1982,BY THE MAYOR AND CITY
ATTEST:
KATHLEEN CONNELLYCity Clerk