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HomeMy WebLinkAbout1983-08-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 2, 1983 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 2, 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 Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Taylor led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Shanks Councilman Taylor Councilman Steelsmith Vice Mayor Eidson Mayor Clarke City Manager J.James Tuvell,Jr.City Clerk Kathleen ConnellyDirectorofPublicSafetyBillMcDanielDirectorofPublicWorks Rich BromanDirectorof Planning Joe GeroControllerKeithLewis Economic Development Specialist John Schoeph State Representative Roy Hudson 2084 W.9th Avenue Apache Junction,Arizona 85220 Mr.Marty Jones,Attorney 2333 N.Central Phoenix,Arizona Mr.George Baljo 1070 E. Navajo A ache Junction Arizona 85220 Mr.Chris Ochs,Jr. Arizona Water Company 153 W.10th Avenue Apache Junction,Arizona 85220 Ms Annabelle Richards 2512 E.4th Avenue Apache Junction,Arizona 85220 Ms Barbara Kirkland 2245 W.14th Avenue Apache Junction,Arizona 85220 Mr.Lawrence Lemon 368 Silver Drive Apache Junction,Arizona 85220 ACCEPTANCE OF 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 ACCEPTED AS PRESENTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA ) ) Councilman Shanks 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. Councilman Steelsmith seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Shanks, Councilman Steelsmith,Mayor Clarke Abstained:Vice Mayor Eidson The motion carried. Introduction of Distinguished Visitors and Guests Mayor Clarke recognized State Representative Roy Hudson,Mr.Chris Ochs,Jr.,Manager of Arizona Water Company and staff. AWARDS,,PRESENTATIONS,AND COMMUNICATIONS None. Mr.George Baljo,1070 E.Navajo,Apache Junction,addressed the proposed changes on the Zoning Ordinance,stating that the Council should not be influenced by outside attorneys,and suggested stipulations to approval of PZ-17-83. Ms Suzanna Jimenez,1800 S.Monterey,Apache Junction,endorsed her father,Frank Jimenez. Ms Midge Conway, 902 S.Ocotillo Drive,Apache Junction,apologized to the Director of Planning Joe Gero. CITY MANAGER'S REPORT Director of Public Works Rich Broman,reported on street improvements and the five year plan. Director of Planning Joe Gero,introduced Mr.Ed Green,of the PlanningDivision,Arizona Department of Highway, to give report on the traffic count. Mr.Green estimated an average of 16,000 to 18,000 automobiles per day at the intersection of Highway 60 and Idaho Road,and quoted averages at other areas of the City,with Ironwood Drive being the major area. PUBLIC HEARINGS PROPOSED RESOLUTION NO.83-41,EVANS HUGGINS,BARTLETT,AND RICHARDS ) )Mr.Gero briefed the Council on the abandonment of South Stagecoach Road between East Second and East Fourth Avenues,and East Third Avenue between South Cortez and South Acacia Roads. Ms Annabelle Richards,2512 E.Fourth Avenue,requested approval of this abandonment application. 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. Mr.Gero stated that the Development Co-ordinating Committee and the Planning and Zoning Commission both recommend approval of the abandonment application. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-41,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS -OF -WAY PURPOSES ON EAST THIRD AVENUE AND SOUTH STAGECOACH ROAD AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-13 ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED. VOTE:Unanimous Councilman Taylor seconded the motion. Mr.Gero briefed the Council on the re-quest to consider abandonment of the alignment of West Fourth Avenue between South Ironwood Drive and the westerly terminus of West Fourth Avenue in ,Azure Skies Subdivision,which would require an amendment to the StreetClassificationPlan. Mayor Clarke asked i f long term dedications would be necessary. Mr.Gero replied that no dedications were needed,unless there is a proposed development in this section. Mr.Marty Jones,representing theapplicant,Ms Loewenstein,explained the request asking for approval,and submitted a petition approving the abandonment. Mayor Clarke asked i f there were signatures for property owners on the west side. Ms Loewenstein answered that yes, they were signatures of property owners on the west side of Ironwood within theresidentialarea. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to application. Ms Debbie Harglazer,addressed the Council in favor of the abandonment. Ms Barbara Kirkland,2245 W.14th Avenue, Apache Junction,asked for clarification on location. Mr.Gero pointed the exact location out on the map. Mr.Lawrence Lemon, 368 Silver Drive, Apache Junction,requested approval of the petition. Mr.Hudson, expressed his hope that this would not be abandoned unnecessarily. Mayor Clarke asked i f there was anyone else who wished to address the Council.There being no one wishing to speak, Mayor Clarke closed the hearing to the public. Mr.Gero stated that the Development Coordinating Committee recommends denial of the application,and concludedthatthissegment of West Fourth Avenue should be required. Mayor Clarke called upon the City Clerk to read Ordinance No. 212,by title only for the first reading. City Clerk Kathleen Connelly,read asfollows: ORDINANCE NO.212, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,CITY CODE BY AMENDING SECTION 13-2-3,SUBSECTION(A),BY DELETING FROM THE STREET CLASSIFICATION PLAN"THE REQUIREMENT TO DEDICATE AND IMPROVE WEST FOURTH AVENUE FROM ITS WESTERLY TERMINUS AS )Mr.Gero explained that at their July 26, 1983,meeting,the Planning and Zoning Commission reviewed the possibility of reducing the Planning and Zoning Commission membership from nine to seven, which would require an Ordinance to mend the Apache Junction City Code. Ms Midge Conway, 902 S.Ocotillo Drive, Apache Junction,reiterated the reasons for changing the membership to nineoriginally;more representation of public,and more often have a quorum for meetings. Mr.Frank Jimenez, 1800 S.Monterey, Apache Junction,spoke in favor of nine members on the Planning and Zoning Commission,because of the reasons Ms Conway gave. Mayor Clarke asked i f there was anyone else who wished to speak in favor of or in opposition to the issue.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. 213,by title only for the first reading. City Clerk Kathleen Connelly,read asfollows: ORDINANCE NO.213, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION," BY AMENDING CHAPTER 11,"PLANNING AND ZONING COMMISSION,"BY AMENDING SECTION 11-1-2,"MEMBERSHIP,"REDUCING THE MEMBERSHIP FROM NINE TO SEVEN MEMBERS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:23 p.m. OLD BUSINESS PROPOSED ORDINANCE NO.189, WHITE (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.189,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. to read Ordinance No. Councilman Steelsmith seconded the Mayor Clarke called upon the City Clerk 189,by title only for the second reading. City Clerk Kathleen Connelly,read as Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.189, 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-16-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE (TH);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: 1."DEDICATE TO THE CITY OF APACHE JUNCTION THE WEST FIFTY (50')FEET,THE NORTH TWENTY-FIVE (25')FEET,AND THE EAST TWENTY-FIVE (25')FEET, OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST1/4. 2.DEDICATE TO THE CITY OF APACHE JUNCTION THE WEST FIFTY (50')FEET AND THE NORTH TWENTY-FIVE (25')FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4;EXCEPT FOR THE EAST 206.95' FEET THEREOF.THE 3.PROPERTY LINE CORNERS SHALL HAVE TWENTY (20')FOOT BY TWENTY (20')FOOT CUTOFFS AT STREET INTERSECTIONS." BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH HEREBY ADOPTED BY REFERENCE. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.194, SZYMANSKI (Second Reading) ) Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.194, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 194,by title only for the second reading. follows:City Clerk Kathleen Connelly,read as ORDINANCE NO.194,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-19-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES,BE AND HEREBY IS APPROVED AND ADOPTED,WITH THE FOLLOWING STIPULATIONS OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT REZONING APPROVAL: 1.DEDICATE THE NORTH THIRTY-THREE (33')FEET AND THE WEST THIRTY-THREE (33')FEET OF SUBJECT PROPERTY FOR PUBLIC ROADWAY 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 Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.195, SULLIVAN (Second Reading) )Mr.Gero informed the Council that Mr.Sullivan has submitted a quit claim deed,but on the improper form,so untilthishas been submitted in the proper manner the Council may wish to postpone action on this rezoning case. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.195,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. 195,by title only for the second reading. City Clerk Kathleen Connelly,read asfollows: ORDINANCE NO.195,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-20-83 FROM GR GENERAL RURAL TO CR-S MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.195,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-20-83 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES,BE AND HEREBY IS A."THOSE REASONS AS SET FOR BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.200, GOLLY (Second Reading) had not been submitted as yet. Councilman Taylor seconded the motion. Mr.Gero stated that the quit claim deed Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.200, BE POSTPONED UNTIL THE AUGUST 16,1983, REGULAR MEETING. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.190, BAKKE,PURCELL (Second Reading)) ) Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY CONCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THE DUE TO A LACK OF A PROPER QUORUM FOR THIS ITEM, THIS ITEM BE POSTPONED UNTIL THE REGULAR MEETING OF AUGUST 16,1983. Councilman Taylor seconded the motion. VOTE:In Favor:Councilman Shanks,Councilman Taylor,Vice Mayor Eidson, Mayor Clarke Abstained:Councilman Steelsmith The motion carried. APPOINTMENT TO ECONOMIC OPPORTUNITIES ACTION TEAM )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPOINTMENT TO THE ECONOMIC OPPORTUNITIES ACTION TEAM BE REMOVED FROM THE TABLED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNIL OF THE CITY OF APACHE JUNCTION, NEW BUSINESS PINAL COUNTY HOUSING AUTHORITY REQUEST City Manager James Tuvell,explained that the Pinal County Housing Authority requests that the City of Apache Junction waive the standard plan review fee charged for the review of the plans for the 25 units of subsidized housing the Authority is planning to build in Apache Junction and any waiver of this required charge must be approved by the Council,and recommended that the Council not waive this fee for the following reasons: 1.The plan review fee is charged to cover the actual cost involved in reviewing the plans.Each plan review for each applicant should bear the cost of the work i t takes to review it. Ifthe fee is waived for one applicant,other applicants or the generalpublicmustpickupthecostofthatplanreview. 2.The Housing Authority is getting funding for the units from the federal government through HUD.The HUD regulations state the housing authorityshalladhere to all local adopted requirements. 3.HUD provides the Housing Authority with funds for all such incidental relatedexpenses such as inspection fees,plan review fees,construction ofoffsites,etc.The plan review fees the City charges are normal and reason- able and will not be a direct financial burden of the Housing Authority. Vice Mayor Eidson understood that thisreview charge could affect the number of homes built,and i f so the charge should be waived. Mr.Hudson agreed,stating that a dollar amount i f set,with the cost of building going up,and any additional charges or costs could affect the amount of homes built. Mayor Clarke felt that the fee should be waived. Councilman Steelsmith thanked the City Manager for bringing those points to their attention,but agreed that the fee should be waived as the city's contribution in assisting the elderly and handicapped. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE PINAL COUNTY HOUSING AUTHORITY'S REQUEST FOR A WAIVER OF PLAN REVIEW FEES,BE AND HEREBY IS APPROVED. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke requested that this item be postponed until the August 15,1983,Council Work Session and the August 16, 1983,Regular meeting. AUTHORIZATION FOR BILL STEPHENS TO SECURE EVALUATION/APPRAISAL OF ARIZONA WATER COMPANY )Mr.Tuvell stated that Mr.Bill Stephens is an attorney that specializes in water matters,and with Council approvalhe will negotiate with water companies and with engineering consulting firms concerning an appraised of water companies within the City. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT MR.BILL STEPHENS IS HEREBY RETAINED AS ATTORNEY TO THE CITY COUNCIL ON WATER -RELATED MATTERS. BE IT FURTHER RESOLVED THAT MR.STEPHENS IS HEREBY AUTHORIZED TO NEGOTIATE WITH WATER COMPANIES SERVING APACHE JUNCTION AND WITH ENGINEERINNG CONSULTING FIRMS RELATIVE TO THE EVALUATION STUDY OF WATER COMPANIES IN APACHE JUNCTION. BE IT FURTHER RESOLVED THAT MR.STEPHENS IS HEREBY AUTHORIZED TO HIRE AN ENGINEERING CONSULTING FIRM IF PROVEN TO BE NECESSARY,TO PERFORM A WATER COMPANY EVALUATION STUDY.FINAL APPROVAL OF ENGINEERING SCOPE OF WORK, ENGINEERING FIRM AND COST TO BE BY CITY COUNCIL ACTION. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. FIVE YEAR STREET IMPROVEMENT PLAN Mr.Broman stated that the revised Five Year Street Improvement Plan has been submitted,and reported on improvements that have been accomplished. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE FISCAL YEAR 1983-1988 FIVE YEAR STREET IMPROVEMENT PLAN BE AND HEREBY IS APPROVED IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED BY THE DEPARTMENT OF PUBLIC WORKS. BE IT FURTHER RESOLVED THAT THE PROPOSED PROJECTS AND COSTS ARE SUBJECT TO MODIFICATIONS,PENDING FINANCING,CHANGES IN PRIORITIES, AVILABILITY OF MATERIALS,WORK SCHEDULES,INTERGOVERNMENTAL AGREEMENTS AND EMERGENCIES. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON AUGUST 16,1983, AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS None. REQUESTS OF COUNCIL None. ADJOURNMENT ) Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 9:01 P.M. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ON THIS HDAY OF AUGUST , 1983. / .41 WENDELL J.OtARKE MAYOR ATTEST: KATHLEEN CONNELLY df CITY CLERK