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HomeMy WebLinkAbout1982-06-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 1, 1982 The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on June 1, 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 Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Steelsmith,Councilman Shanks,Councilman Hudson, Councilman Eidson,Councilman Damiano,Vice Mayor Hill, Mayor Clarke City Manager J.James Tuvell City Clerk Kathleen ConnellyDirectorofPublicWorks Rich BromanDirector of Public SafetyBillMcDanielDirector of Planning Joe GeroSuperintendentof CommunityServicesJeff Bell Operations Supervisor Doug DobsonCity Attorney Arnold Hirsch Mr.Mark Sullivan 438 N. Saguaro Drive Apache Junction,Arizona 85220 Mr.James Bunnell 2600 W. Apache Trail Apache Junction,Arizona 85220 35jnterested.citizens andparties ACCEPTANCE OF MINUTES OF REGULAR MEETING OF MAY 18,1982) )Councilman Damiano 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 MAY 18,1982, BE ACCEPTED AS PRESENTED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Superintendent of Community Services Jeff Bell presented Certificates of Appreciation to 5 winners of the Swimming Pool Logo Contest,which were;runners up,Donna Rabidue,Curtis VanDyck, and 'Co -winners Quint Elton and Stephanie Cooper.Mr.Bell also expressed his appreciation to the judges of the contest, Anne Lorenzo,Chamber of Commerce,Hedy Hall and Mike Carden,members of the Parks and Recreation Commission. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.144, LANG AND SULLIVAN )Director of Planning Joe Gero briefed the Council on the application,stating that this is a request for rezoning from GR General Rural to CR-4 Multiple Residence zone. Mr.Mark Sullivan,438 North Saguaro, ApacheJunction,requested approval of this 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. Mr.Gero stated that the Planning and Zoning Commission recommended approval of the application with certain stipulations. Mayor Clarke called upon the City Clerk to read Ordinance No.144,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: PROPOSED RESOLUTION NO.82-18, BUNNELL (Abandonment) )Mayor Clarke opened the hearing to the public. Director of Planning Joe Gero briefed the Council on this petition to abandon the thirty-three foot patent easement north of Winchester. Mr.James Bunnell had additional comments. Mr.Gero informed the Council that Mr.JohnGranillopossessesapower of attorney for this application. 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 Planning and Zoning Commission recommends approval of this application with the stipulations discussed. Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No.130,by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.130,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-26-81 FROM GR GENERAL RURAL TO CB-2/PD GENERAL BUSINESS ZONE BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.143, COMMISSION INITIATIVE(with Emergency Clause) Mayor Clarke opened the hearing to thepublic. Director of Planning Joe Gero briefed the Council on the amendment of Section 2806 of the Zoning Ordinance. 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 Planning and Zoning Commission recommended to approve this ordinance with the emergency clause. There being no one wishing to address theCouncil,Mayor Clarke closed the hearing to the public. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.143, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. ORDINANCE NO.143, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 2806 COMMISSION ACTION AND SECTION 2807 CITY COUNCIL'S ACTION;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AND EMERGENCY. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE410.143, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 2806 COMMISSION ACTION AND SECTION 2807 CITY COUNCIL'S ACTION;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. APPLICATION FOR LIQUOR LICENSE PERSON TRANSFER,LA CASA DE TORO) )Mayor Clarke opened the hearing to the public. Mr.Thomas Mullen representing William and Sheila Fassett,stated that they had received a letter informing them that the hearing had been tabled several meetings past,and had no idea why i t was done. 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 meeting to thepublic. Mayor Clarke announced that this item will remain tabled,as no motion was made to remove it from the table. OLD BUSINESS None. NEW BUSINESS PROPOSED RESOLUTION NO.82-27, DESIGNATING CDBG TARGET AREA ) )Director of Planning Joe Gero informed the Council that staff has discussed this with Central Arizona Association of Governments and have discovered that the City may be eligible for one morepointinthetenpoint series.This proposed resolution is required should the City choose to apply for this. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT RESOLUTION NO.82-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY VOTE:Unanimous The motion carried. INTERGOVERNMENTAL AGREEMENT FOR SOUTHERN AVENUE CONSTRUCTION ) )Director of Public Works Rich Broman explained that Southern Avenue is the dividing line between the City and the County.Mr.Broman stated that the proposal is for the County to provideallmanpower and equipment and the City to supply all construction materials. Councilman Hudson asked i f this agreement includes our participation in repairing the County side. Mr.Broman replied that this is not in the agreement. City Manager James Tuvell commented that theCity would not be using funds set aside for repairing our streets,as the City would spend less because of this agreement. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE PROPOSED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR THE SHARED COST OF PAVING SOUTHERN AVENUE IN THREE (3) LOCATIONS IS DETERMINED TO BE A FAIR,EQUITABLE,AND ECONOMICALLY SOUND AGREEMENT. BE IT FURTHER RESOLVED THAT THE INTERGOVERNMENTAL AGREEMENT DATED APRIL 21, 1982,BE AND HEREBY IS,APPROVED. Councilman Hudson seconded the motion. VOTE:In Favor: Councilman Hudson,Councilman Shanks, Councilman Steelsmith, Councilman Damiano,Councilman Eidson,Vice Mayor Hill Abstained:Mayor Clarke The motion carried. PROPOSED RESOLUTION NO.82-28, STREET LIGHT IMPROVEMENT DISTRICT,INSTALLATION )Director of Public Works Rich Broman briefed the Council stating that petitions had been received to create the StreetLightImprovementDistrictin a portion of Apache Villa III,Apache Villa IV and Clearview,and no objections have been filed. Mayor Clarke asked i f there was anyone who wished to speak in opposition to the application.There being no one wishing 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 RESOLUTION NO.82-28,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS THROUGH THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS PROPOSED RESOLUTION NO.82-23, COUNTY ASSESSMENTS )Director of Public Works Broman,,explained the difference between this resolution and Resolution No. 82-28 is that this is a request for assessment by Pinal County. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,RELATING TO TAXATION,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF APACHE JUNCTION, SUBJECT TO TAXATION,AND WITHIN THE MUNICIPAL STREET LIGHT IMPROVEMENT DISTRICTS SL -8011-1,A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS OF VALUATION SUFFICIENT TO RAISE THE AMOUNT REQUIRED FOR THE ANNUAL EXPENSE OF THE SAID MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICTS,AND DECLARING AN EMERGENCY,BE AND HEREBY IS,APPROVED. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.82-30, PINAL COUNTY ASSESSMENTS )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-30,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,RELATING TO TAXATION, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF APACHE JUNCTION SUBJECT TO TAXATION, AND WITHIN THE MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT SL -8203-1,A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS OF VALUATION SUFFICIENT TO RAISE THE AMOUNT REQUIRED FOR THE ANNUAL EXPENSE OF THE SAID MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICTS,AND DECLARING AN EMERGENCY,BE AND HEREBY IS,APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Manager Tuvell stated that the taxationwillonlyincludethosehomeownersreceivingthebenefitofthestreetlightdistrict. PROPOSED RESOLUTION NO.82-31, SPEED LIMIT ON PHELPS DRIVE ) )Director of Public Safety Bill McDanielbriefedthe Council,requesting that this resolution to establish a speedlimitbe approved. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ESTABLISHING THE SPEED LIMIT ON PHELPS DRIVE, BETWEEN BROADWAY AVENUE AND HIGHWAY 60,BE AND HEREBY IS,APPROVED. ESTABLISHMENT OF FEES FOR USE OF COMMUNITY SERVICES BUILDING ) )Superintendent of Community Services.Jeff Bell explained to the Council that a $10.00 fee would be charged only for social type gatherings,and the fee would be waived for business meetings and such. Councilman Steelsmith suggested that this item be tabled at this time as i t should be specific whom shall pay the the charge. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. WORKS SESSION,EXECUTIVE SESSION, JUNE 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 AND AN EXECUTIVE SESSION BE HELD IN THE CITY COMPLEX ON JUNE 15, 1982,AT 6:00 P.M. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Steelsmith informed the Council that there will be a regular Planning and Zoning Commission meeting at 7:30 p.m.,on June 8,1982. Councilman Hudson congratulated Councilman Damiano and anyone else involved in the well -prepared Memorial Gazebo Dedication. Councilman Eidson reported that a lot has been done on the streets,andthe City will continue to repair the City streets. Councilman Damiano thanked everyone that attended the Veteran's Memorial Park Gazebo Dedication,and reported that it was very successful. REQUESTS OF COUNCIL Mayor Clarke addressed the Council and Public with the following. "Long before I became a member of this Council,I have been concerned over the Zoning Ordinance as adopted by the City. This ordinance is almost twenty years old,with very few amendments.I t is out -dated and does not meet the requirements of todays developers. Land owners and developers are struggling with our ordinance,some of