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HomeMy WebLinkAbout1982-04-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 6, 1982 The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on April 6, 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 Steelsmith led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Steelsmith,Councilman Damiano,Councilman Shanks, Councilman Eidson,Vice Mayor Hill Mayor Clarke City Manager,James TuvellCity Clerk,Kathleen ConnellyDirectorofPublicSafetyBillMcDanielDirector of Public Works, Rich BromanDirector of Planning,Joe GeroCity Attorney,Arnold Hirsch Mr.Bob C.Henry,1st Vice PresidentLion's Club 9501 E. Broadway Mesa,Arizona Mr.Dick Rabidue 575 W. 23rd Avenue Apache Junction,Arizona 85220 Mr.Bill Beaulieu 306 E.Frontier Apache Junction,Arizona 85220 Ironwood Mobile Court 1280 N.Ironwood Drive Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF MARCH 16,1982 )Vice Mayor Hill 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 MARCH 16,1982,BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Clarke addressed the Council with the following: "Several meetings ago,the Lion's Club contacted the City Manager about placing a tree on the City Complex in conjunction with a world- wide program.On March 25th, with numerous citizens,public officials, press and City staff present,a live evergreen tree was planted at thefront of the administration building.The Council,staff,and City residents would like to express our sincere appreciation for giving our community something that will be admired and enjoyed for many years to come." Mayor Clarke presented a Certificate of Appreciation to the Lion's Club. Mr.Bob Henry,First Vice President and President -Elect,of theLion's Club,accepted the Certificate,expressing the Club's desire toassistin any way possible to better the community. CALL TO THE PUBLIC Mr.Dick Rabidue,575 W.23rd Avenue,Apache Junction,Arizona, presented the Council with a progress report on the Veteran's Memorial Park.Mr.Rabidue informed the public that the Veteran's MemorialPark will not be owned by the City,but will belong to the people,andexpressed appreciation to Councilman Damiano who initiated the idea of a Park. CITY MANAGER'S REPORT City Manager James Tuvell, called on the Director of Public Works, Rich Broman to report on the street paving progress. Direction of Public Works Rich Broman,reported on the streets that PUBLIC HEARINGS PROPOSED ORDINANCE NO.136, BEAULIEU )Mayor Clarke opened the hearing to the public. Mr.Gero,briefed the Council on the rezoning application from General Rural (GR) to CB2 General Business. Mr.Bill Beaulieu,306 E.Frontier, Apache Junction,Arizona,explained that the purpose of this rezoning is to build a western style shopping center,and requested approved. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. Mr.Gero stated that the applicant has offered to the City the dedication of the initial right-of-way,andthe City is in possession of a quit claim deed to the latter,and that the Planning and Zoning Commission has no objection 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.136,by title only for the first reading. City Clerk,Kathleen Connelly,read as follows: ORDINANCE NO.136,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-2-82 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. APPLICATION FOR LIQUOR LICENSE PERSON TRANSFER,LA CASA DE TORO ) )Mayor Clarke opened the hearing to thepublic. Mayor Clarke closed the hearing to thepublic. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION BE TABLED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SPECIAL EVENT Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES,BE AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Eidson seconded the motion. VOTE:In Favor:Mayor Clarke,Councilman Steelsmith,Councilman Eidson, Vice Mayor Hill Abstained:Councilman Damiano, Councilman Shanks (Conflict of Interest) The motion carried. APPLICATION FOR SMALL GAME BINGO LICENSE,IRONWOOD MOBILE COURT ) )Mayor Clarke opened the hearing tothe public. Mr.Harold Holley,1280 N.Ironwood, Apache Junction,Arizona,asked i f there were any questions regarding thisapplication. Councilman Damiano asked i f these games would be limited to residents of Ironwood Mobile Court. Mr.Holley replied that they would. Vice Mayor Hill questioned againwhether or not only residents would be allowed to participate. Mr.Holley stated that generally there would only be residents involved in the games with occasional guests. 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 Shanks 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 THE IRONWOOD MOBILE COURT,BE AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Steelsmith,Councilman Shanks,Councilman Damiano,Councilman Eidson,Mayor Clarke Opposed:Vice Mayor Hill The motion carried. Councilman Damiano stated that the parking is limited in the park and questioned whether participants would be only residents. Mr.Rehder reiterated that theparticipants would be residents only and perhaps a few guests. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to theapplication.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 THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY THE SAGUARO MOBILE RESORT,BE AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY. Councilman Damiano seconded the motion. Vice Mayor Hill questioned that theCity can insure that participants to bingo games in mobile home parks be limited to residents,and expressed his opinion that this could very easily cause a safety hazard. VOTE:In Favor:Councilman Shanks, Councilman Damiano, CouncilmanSteelsmith,Councilman Eidson,Mayor Clarke Opposed:Vice Mayor Hill The motion carried. OLD BUSINESS STREET PROGRAM )Director of Public Works Rich Broman,addressed the Council with two options for repairing Apache Junction streets.Mr.Broman stated that the options would include a combination of in-house reconstruction and partially contractedchip -sealing. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE DEPARTMENT OF PUBLIC WORKS,THROUGH THE CITY MANAGER, BE AUTHORIZED TO PROCEED WITH ROAD PROJECTS IN A MIX OF IN-HOUSE RECONSTRUCTION,CONTACTED CHIP -SEAL AND IN-HOUSE CONSTRUCTION OF NEW PAVEMENT.THE TOTAL FUNDS AUTHORIZED TO BE SPENT WILL BE NOT MORE THAN $255,000.00. BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE AUTHORIZED TO TRANSFER NECESSARY FUNDS FROM THE APPROPRIATE ACCOUNTS TO THE APPROPRIATE ACCOUNTS TO COVER THE COST OF SAID PAVING IMPROVEMENTS. Vice Mayor Hill seconded the motion. NEW BUSINESS CITY PHYSICIAN )City Manager James Tuvell,informedthe Council that the Arizona Revised Statutes §9-271 requires the City to appoint a City Physician.Mr.Tuvell requested authorization tocontact all physicians within the City,in the attempt to discover whetherthereis an interest in this position,and to have the Council make a selection at a later date. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT DIRECTION BE GIVEN THE CITY MANAGER TO CONTACT ALL PHYSICIANS PRACTICING WITHIN THE CORPORATE LIMITS FOR THE PURPOSE OF DISCUSSING THE APPOINTMENT OF A CITY PHYSICIAN. Councilman Damiano seconded themotion. VOTE:Unanimous The motion carried. CITY BOARD OF HEALTH AND CITY HEALTH OFFICERS )Mr. Tuvell stated that according tothe Arizona Revised Statutes,the City is obligated to appoint healthofficersand a board of health,which would be composed of two members ofthe City Council,the City Engineer and the City Health Officer,requestingthatthe City Council give authorization to prepare a list of potential members to be considered at a later date. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT DIRECTION BE GIVEN THE CITY MANAGER TO PROCEED WITH THE ADMINISTRATIVE STEPS NECESSARY TO PROVIDE THE CITY COUNCIL WITH RECOMMENDATIONS FOR THE CITY BOARD OF HEALTH AND CITY HEALTH OFFICER FOR COUNCIL CONSIDERATION AND APPOINTMENT. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF OFF -SITE IMPROVEMENTS,SUNNY LANE ESTATES ) )Director of Planning Joe Gero, informedthe Council that improvements on the Sunny Lane Estates have been completed and inspected,and the City Engineer recommends approval and acceptance of these improvements with a warranty of one year. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THOSE STREET IMPROVEMENTS FOR SUNNY LANE ESTATES PLANNED DEVELOPMENT (PZ-2-82)/SUBDIVISI0N (SD -1-82)ARE HEREBY ACCEPTED AND APPROVED BEING FOUND BY THE CITY ENGINEER TO BE IN COMPLIANCE WITH CITY FINAL PLAT APPROVAL, SUNNY LANE ESTATES )Mr.Gero stated that this application is a reques t for subdivision final plat approval,the preliminary of which was approved on March 17,1982 by the Subdivision Committee,andthe final plat was reviewed and recommended for approval on March 25, 1982,by the Subdivision Committee.Mr.Gero requested that thisapplicationbe approved subject to submission of all remaining materialsfor staff review prior to April 2,1982,which shall be found accurate and complete prior to the City Council meeting of April 6, 1982. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT FINAL PLAT APPROVAL FOR THE SUNNY LANE ESTATES SUBDIVISION BE AND HEREBY IS GRANTED SUBJECT TO THE DECLARATIONS AND COVENANTS BEING SUBMITTED IN A FORM ACCEPTABLE TO THE CITY. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. AFFIRMATIVE ACTION PLAN )Mr.Tuvell informed the Council thatthe City must submit an Affirmative Action Plan to the Bureau of Land Management to be included with the application for land for parks and recreational purposes.Mr. Tuvell stated that this plan has been Citypolicybut has never been formally adopted by the City Council. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE PRESENTED AFFIRMATIVE ACTION PLAN FOR THE CITY OF APACHE JUNCTION,BE AND HEREBY IS,ADOPTED AND APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CITY CREDIT UNION MEMBERSHIP )City Manager James Tuvell,addressed the Council regarding a credit union which exists between several citiesincludingTempe,Chandler,Mesa,Phoenix and Scottsdale,and requested authorization from the Council to pursue membership in the credit unionforthe City of Apache Junction. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT DIRECTION BE GIVEN THE CITY MANAGER TO PROCEED WITH INVESTIGATING THE POSSIBILITY OF CITY MEMBERSHIP IN A CREDIT UNION. Vice Mayor Hill seconded the motion. refflain on the Commission. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT PHIL RICHARDSON,JANICE PALSON,AND RONALD STAPLES,BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION,SAID TERMS TO EXPIRE APRIL 30,1985. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION, APRIL 15,1982 )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 AT THE CITY HALL COMPLEX ON APRIL 15, 1982,AT 7:00 P.M.FOR THE PURPOSE OF DISCUSSING THE PROPOSED FISCAL YEAR 1982-83 BUDGET. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. Councilman Eidson 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 HALL COMPLEX OF APACHE JUNCTION,ARIZONA, ON APRIL 20,1982,AT 6:00 P.M. 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 A WORK SESSION BE HELD ON APRIL 27,1982,AT 7:00 P.M.AT THE CITY HALL COMPLEX FOR THE PURPOSE OF DISCUSSING CHARTER GOVERNMENT. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Damiano reminded the public of the fact that the Veteran's Memorial Park is not owned by the City,and urged more participation in the Park.Councilman Damiano informed the Council and public that the rehearing on the Airspace application,is scheduled for April 26,1982, at 7:00 p.m.,at the Apache Junction High School auditorium.Councilman Damiano also reported a meeting for East Valley Chamber of Commerce members only for April 30,1982,regarding human needs and operationsat Williams Air Force Base. Mayor Clarke commented ontreet repair progress,and expressed the hope that planned repairs will be completed by July 1, 1982. REQUESTS OF COUNCIL Mayor Clarke stated,"For the last few weeks I have been studying the issue of the proposed airport for Apache Junction.I have seeked out people from all walks of life.Clerks,Doctors,Construction workers,Attorneys,Retired,Businessmen,Bankers.I talked to them and I listened to them. The proposed airport is a strong issue.The proposed airport is a controversial issue.I t is an issue that must be recognized for what i t is.What I say and do this evening,I do with a clear conscience and with the strong determination that the progress of our City shall continue on a positive and orderly path,with the united support of allcitizensof Apache Junction.For any Council member to do less,would be ignoring the oath of office and disrespecting the confidence placed on us by our friends and neighbors." Mayor Clarke MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE DECISION TO BUILD A MUNICIPAL AIRPORT BE DECIDED BY PLACING IT AS A PROPOSITION ON THE BALLOT IN THE NEXT GENERAL CITY ELECTION IN APACHE JUNCTION. FURTHERMORE, THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO CONTINUE TO STUDY THE ECONOMIC FEASIBILITY OF AN AIRPORT. AND FURTHERMORE,THAT THE COUNCIL, THE CITY MANAGER AND HIS STAFF BE DIRECTED TO PARTICIPATE AND COOPERATE WITH ALL AGENCIES, LOCAL,COUNTY AND STATE IN AIR TRAFFIC STUDIES,KEEPING IN MIND THE PRACTICAL SAFETY FACTORS AND GOOD NEIGHBOR POLICIES WITH OTHER CITIES AND WILLIAMS AIR FORCE BASE. Vice Mayor Hill seconded the motion. Councilman Steelsmith expressed his agreement with the question of the proposed airport being placed on theballot. Councilman Damiano stated that he was not in complete agreement with some things the Airport Commission has presented. Councilman Shanks stated that she had said as a member of the previous Council that this issue should be on the election ballot,and will stand behind that previous statement. Mayor Clarke stated that the City has had it's share of trouble and travesty and this issue should be Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. APPROVED THIS 20th DAY OF April ,1982,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACH JUNCTION,ARIZONA. WENDELL J. CL Mayor ATTEST: KATHLEEN CONNELLY City Clerk