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HomeMy WebLinkAbout1983-05-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 3, 1983 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 3, 1983, 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 Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Damiano,Councilman Shanks,Councilman Steelsmith, Councilman Eidson,Councilman Taylor,Mayor Clarke Councilman Absent:Vice Mayor Hill Staff Present: Others Present: City Manager J.James Tuvell,Jr.City Clerk Kathleen ConnellyDirectorofPublicSafety,Bill McDanielDirectorofPublic Works Rich BromanDirectorof Planning Joe Gero Controller Keith Lewis Economic Development Specialist John SchoephSuperintendent of Community Services Jeff BellCityAttorneyArnold Hirsch . Mr.Hal Anderson 1655 N.Ironwood Drive Apache Junction,Arizona 85220 Mr.Robert L.Taylor 5530 N.E.199th Avenue Vancouver, Washington 98662 Mr.Gunther Hermerath 4507 W.Central Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA )Councilman Steelsmith 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 "A" BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors None. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke informed the Council and public that at the last regular meeting Certificates of Appreciation were presented to those who had enteredthe winning Park Name,and had inadvertently missed one person,Mr.Shawn Davis,and presented him with a Certificate of Appreciation and season pass to the future swimming pool. Director of Public Works Rich Broman presented background on the Public Works Department,read a Proclamation for "Public Works Week",which would take place May 23 through 29,1983, and announced that Clean-up Week will be May 22 through May 28,1983.Mr.Broman explained that Mr.Charles Wise has completed the Supervisors Academy course. Mayor Clarke presented a Certificate to Mr.Wise for completing the course. CALL TO THE PUBLIC Mr.Hal Anderson,1655 N. Ironwood Drive,Apache Junction,made acomplaintagainsttheBuildingDepartmentandinspectionofficials. Mr.Robert L.Taylor,5530 N.E.199th Avenue, Vancouver, Washington, 98662,also residing at Fountain of the Sun,having witnessed an accident, complained about the police officers'conduct,and their tactics in dealing with the accident. Councilman Damiano commented that citizens should comply with a police officer's request to remove themselves when asked to do so. Councilman Eidson questioned Mr.Taylor on the report presented. City Manager James J.Tuvell asked how many children are expected to attend this year. Mr.Bell replied that there are approximately 1300. PUBLIC HEARINGS PROPOSED RESOLUTION NO.82-72,AB -83-1 BELLUCCI,GRUNDSTROM )Director of Planning Joe Gero briefed the Council on the Abandonment application to abandon North Saguaro Drive between Lost Dutchman and West Windsong Street,and explained that the applicants were unable to attend.Mr.Gero stated that the Development Coordinating Committee, and the Planning and Zoning Commission recommend approval of the abandonment. Councilman Taylor asked how the surrounding parcels are zoned. Mr.Gero guessed General Rural. Councilman Damiano asked what the terrain consisted of. Mr.Gero stated that i t could be developed,with the land to the north being graded flat. Mr.Tuvell suggested that alleys and small streets be limited. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-72,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON NORTH SAGUARO DRIVE AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-1 IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE AND HEREBY IS APPROVED AND ADOPTED. the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-04,AB -83-4 HERMERATH,JEFFERY,AND CARLSON to the public. Councilman Damiano seconded ) Mayor Clarke opened the hearing Mr.Gero briefed the Council on Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. 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 RESOLUTION NO.83-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY. OF APACHE JUNCTION, ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON NORTH SAGUARO DRIVE BETWEEN WEST SHIPROCK AND WEST TEPEE STREETS IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE AND HEREBY IS APPROVED AND ADOPTED. the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-21,STREET LIGHT IMPROVEMENT DISTRICT,IRONWOOD MANOR UNIT I ,LOTS 1-18 to the public. Councilman Taylor seconded )Mayor Clarke opened the hearing Mr.Broman stated that petitions were received to create a street light improvement district in this area. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. 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 RESOLUTION NO.83-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS IRONWOOD MANOR UNIT NO.1 LOTS 1-18,PCR, PINAL COUNTY,ARIZONA,BE AND HEREBY IS APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE,HUB'S RESTAURANT &LOUNGE,INC. to the public. Councilman Damiano seconded the ) Mayor Clarke opened the hearing Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 7 LIQUOR LICENSE,KOVACS KORNER to the public. Councilman Steelsmith seconded ) Mayor Clarke opened the hearing 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 asked Mr.Kovacs i f this business is reopening. Mr.Mike Kovacs,710 S. Lawson, Apache Junction,stated that due to certain circumstances,the business has reverted back and will be opening around July 1, 1983. Councilman Damiano wished to know i f he had had a liquor license prior. Mr.Kovacs stated that he did, but after having to repossess the business,is required to apply for a newlicense. 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 SERIES 7 LIQUOR LICENSE,SUBMITTED BY MR. MICHAEL E.KOVACS,AGENT FOR KOVACS KORNER,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:05 p.m. OLD BUSINESS PROPOSED ORDINANCE NO.185, PZ-13-83 BRADEN AND HUGHES (Second Reading) ) )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.185,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. The motion carried. Mayor Clarke called upon theCityClerkto read Ordinance No. 185 by title only for the second reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.185,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-13-83 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE;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.185,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-13-83 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES,BE AND HEREBY IS APPROVED AND ADOPTED,WITH THE FOLLOWING STIPULATIONS OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL: "DEDICATE TO THE CITY OF APACHE JUNCTION, ARIZONA,THE WEST 33 FEET FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES." BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." Councilman Steelsmith seconded the motion. VOTE:In Favor:Councilman Steelsmith,Councilman Damiano,Councilman Eidson, Councilman Shanks,Mayor Clarke Abstained:Councilman Taylor (possible conflict of interest) The motion carried. PROPOSED ORDINANCE NO.187,PZ-14-83 RAYMOND (Second Reading)............... )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.187,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Steelsmith seconded the motion, VOTE:In Favor:Councilman Damiano,Councilman Steelsmith,Councilman Shanks,Councilman Eidson,Mayor Clarke Abstained:Councilman Taylor (possible conflict of interest) ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-14-83 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REVERSION FOR FAILURE TO MEET A DEVELOPMENT SCHEDULE;AND PROVIDING PENALTIES. Mayor Clarke reminded the Council that this ordinance has a reverter clause included and a development schedule should be included in the motion. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.187,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-14-83 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REVERSION FOR FAILURE TO MEET A DEVELOPMENT SCHEDULE;AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED, WITH THE FOLLOWING STIPULATIONS OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL: 1.DEDICATE FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES THE WEST,NORTH, AND EAST THIRTY-THREE (33')FEET OF SUBJECT PROPERTY. 2.THE REZONING SHALL REVERT TO ITS PRESENT CLASSIFICATION OF GR GENERAL RURAL IF CONSTRUCTION HAS NOT BEGUN WITHIN TWO (2)YEARS;PROVIDING THAT IF THE ADOPTION OF THE ZONING ORDINANCE NOW BEING WRITTEN OCCURS WITHIN THE TWO (2)YEAR PERIOD,THE ZONING DISTRICT CLASSIFICATION THEREIN ADOPTED SHALL APPLY. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Steelsmith,Councilman Eidson,Councilman Damiano, Mayor Clarke Abstained:Councilman Taylor Opposed:Councilman Shanks The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.83-32, FIVE YEAR CONSTRUCTION PLAN ) )Mr.Broman stated that the Department of Public Works has received the five year highway constructionreport,and the state has requested that interested parties attend a public hearing on May 6, 1983, which will include some tentative preparations for the extension of the Superstition Freeway. Mayor Clarke requested that Councilman Eidson represent the Council at the hearing. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,SUPPORTING AND ENDORSING PROJECTS PERTAINING TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FISCAL YEAR 1984 TENTATIVE 5 YEAR PROGRAM FOR HIGHWAY CONSTRUCTION AND RECOMMENDING CERTAIN AMENDMENTS TO THE STATE TRANSPORTATION BOARD,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-22,TRAFFIC CONTROL CHANGES (Tomahawk Road) ) )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-22,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ESTABLISHING A TWO-WAY STOP ON JUNCTION AVENUE AND EAST 4TH AVENUE AT TOMAHAWK ROAD,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. RESIGNATION FROM AND APPOINTMENTS TO PARKS AND RECREATION COMMISSION ...... )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE RESIGNATION OF HEDY HALL FROM THE PARKS AND RECREATION COMMISSION,SAID TERM TO EXPIRE APRIL 30,1984, BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT SANDRA RENZ,BE APPOINTED TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF HEDY HALL,SAID TERM TO EXPIRE APRIL 30,1984,AND THAT REDINA BILOTTI, SUSAN BARTELL,AND JENNIE BENNETT, BE APPOINTED TO THE PARKS AND RECREATION COMMISSION,SAID TERMS TO EXPIRE APRIL 30,1986. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. RESIGNATIONS FROM THE AIRPORT COMMISSION VOTE:Unanimous The motion carried. WORK SESSION,MAY 16,1983, EXECUTIVE SESSION,WORK SESSION,MAY 17,1983 )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 ON MAY 16,1983, AT 7:00 P.M.,IN THE COMMUNITY SERVICES BUILDING. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON MAY 17,1983, AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Damiano stated that the bricks may be put on the gazebo by the 15th of May, 1983. He asked anyone who wanted to help finish the gazebo contact the Superstition Mountain Money Bucket Brigade for information. REQUESTS OF COUNCIL None. City Manager Tuvell stated that the intergovernmental agreement between the Apache Junction Schools and the City,for the community swimming pool is completed and will be considered by the school board Thursday night. ADJOURNMENT )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:32 P.M. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 17THDAY OF MAY , 1983, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. ATTEST: Kathleen ConnellyCityClerk