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HomeMy WebLinkAbout1983-08-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 16,1983 The regular meeting of the City Council of the City of Apache Junction,Arizona, was held on August 16,1983, 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 Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Damiano,CouncilmanSteelsmith,Councilman Taylor, Vice Mayor Eidson,Mayor Clarke Councilmen Absent:Councilman Hill,Councilman Shanks Staff Present: Others Present: Acting City Manager/Director of Public Safety Bill McDanielCity Clerk Kathleen Connelly Director of Public Works Rich Broman Director of Planning Joe GeroControllerKeithLewis Economic Development Specialist John SchoephCity Attorney Arnold Hirsch State Representative Roy Hudson 2084 W.9th Avenue Apache Junction,Arizona 85220 Mr.Frank Jimenez 1800 S. Monterey Apache Junction,Arizona 85220 Mr.Lawrence Lennon 386 S.Silver Drive Mr.Marty Jones,Attorney 2333 N.Central Avenue Phoenix,Arizona 85220 Ms Nancy Pattison 956 S.Ironwood Drive Apache Junction,Arizona 85220 Mr.Roger Short Annexation Committee member P.O.Box 879 Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA ) Vice Mayor Eidson 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 Damiano seconded themotion. 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 ITEM "A"BE ACCEPTED AS PRESENTED. Councilman Taylor seconded themotion. VOTE:In Favor:Councilman Taylor,Councilman Steelsmith,Vice Mayor Eidson,Mayor Clarke Voted Present:Councilman Damiano (absent from the particular meeting) The motion carried. Introduction of Distinguished Guests and Visitors Mayor Clarke recognized State Representative Roy Hudson and Mrs.Hudson. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented Certificates of Appreciation for "outstanding service and dedicated efforts to the Planning and Zoning Commission"to Mr.Frank Jiminez,Mr. Marvin Smith,and Ms Mildred Baker. Mr.Russell Kellogg,1452 W.4th Avenue, Apache Junction,addressed the Council in opposition to the extending 4th Avenue. Ms Agnes Thomas,347 Gold Lane, Apache Junction,expressed her opposition to opening of 4th Avenue. Lucy Richardson,1381 W.4th Avenue, Apache Junction,also expressed her opposition to opening 4th Avenue. Mr.Marty Jones,2333 N.Central Avenue,Phoenix, the attorney representing Mrs. Loewenstein in the abandonment of 4th Avenue, wished to meet with staff in order toofferaresolution for this abandonment. Ms Nancy Pattison,956 S.Ironwood,Apache Junction,addressed the Council re- garding her position on the Bakke and Purcell rezoning case no.PZ-17-83. CITY MANAGER'S REPORT Economic Development Specialist John Schoeph, gave a report on the progress of the Economic Opportunities Action Team. PUBLIC HEARINGS PROPOSED ORDINANCE NO.214, PAWN SHOPS (First Reading) the public. ))Mayor Clarke opened the hearing to Director of Public Safety Bill McDaniel,explained that this proposed ordinance would require licensing of pawn shops contingent upon certain stipulations. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the proposal.There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No.214 by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.214, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 8 BUSINESS,ARTICLE 8-2,BY INSERTING A NEW ARTICLE 8-2,SECTIONS 8-2-1 THROUGH 8-2-8. PROPOSED ORDINANCE NO.215, AMENDING PARKING ORDINANCE(First Reading) the public.Mayor Clarke opened the hearing to Mr.McDaniel explained that this would amend the parking ordinance,by prohibiting parking such as semi trucks parked Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the amendment. There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No. 215,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.215, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 12-3 PARKING, BY ADDING SECTION 12-3-9 PARKING TRUCKS,TRAILERS,AND SIMILAR VEHICLES ON STREETS IN RESIDENTIAL ZONES; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.216, SPEEDING IN ALLEYS(First Reading) the public.Mayor Clarke opened the hearing to Mr.McDaniel stated that this proposed ordinance is an amendment to the City Code,providing a requirement ofwrittenpermissionfromtheproperty owner to park vehicles,on vacant propertyrestrictsspeeding in alleys,and prohibits unnecessary noise. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the amendment. There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No. 216,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.216, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 12-2 TRAFFIC CONTROL,BY ADDING SECTION 12-2-13 SPEED IN ALLEYS,SECTION 12-2-14 VEHICLE DOOR AS A TRAFFIC OBSTRUCTION, SECTION 12-2-15 UNNECESSARY NOISE,SECTION 12-2-16 VEHICLES ON PROPERTY AND SECTION 12-2-17 UNATTENDED MOTOR VEHICLES;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED RESOLUTION NO.83-37, HARRIS,ZAKRZEWSKI,SUTLIFF, STARK,AND DREWELOW the public.Mayor Clarke opened the hearing to Director of Planning Joe Gero,briefed the Council on abandonment application AB -83-12. 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 thepublic. Mr.Gero stated that the Development Coordinating Committee and the Planning and Zoning Commission both recommend approval of the abandonment. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHT-OF-WAY PURPOSES ON SOUTH STAGECOACH AND SOUTH ACACIA ROADS AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-12 ARE NO LONGER FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EX- TINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-52, ANNEXATION the public. )) Councilman Taylor seconded the Mayor Clarke opened the hearing to Mr.Gero introduced Mr.Roger Short, member of the City Council Annexation Committee, to submit a report. Mr.Short presented an annexation proposal,with a resolution outlining those areas. Mayor Clarke asked i f this would be an asset to the City. Mr.Gero explained that Section 7 iscurrently being partially developed,and by annexation,the city could ensure that the development following city standards. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the resolution.There being no one wishing to address the Council,Mayor Clarke closed the hearing to thepublic. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT RESOLUTION NO.83-52,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THE INTENT OF THE CITY TO NOTIFY PROPERTY OWNERS IN SECTIONS 7,31, 33,AND 34,TOWNSHIP 1 NORTH,RANGE 8 EAST,GILA AND SALT RIVER BASE AND MERIDIAN,AND IN SECTIONS 3, 4, 5,AND 6,TOWNSHIP 1 SOUTH,RANGE 8 EAST, GILA AND SALT RIVER BASE AND MERIDIAN,ALL IN PINAL COUNTY,ARIZONA,TO DETERMINE IF THEY DESIRE TO BE ANNEXED BY PETITION TO THE CITY OF APACHE JUNCTION,ARIZONA,AND DIRECTING THE CITY COUNCIL'S ANNEXATION COMMITTEE AND CITY MANAGER TO PERFORM CERTAIN DUTIES, BE AND HEREBY IS APPROVED AND ADOPTED. The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.212, LOEWENSTEIN (Second Reading) Councilman Steelsmith requested thatthisrezoningcase be postponed until the regular meeting of September 6, 1983, to permit further discussion. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Damiano,Councilman Steelsmith,Mayor Clarke Abstained:Vice Mayor Eidson (possible conflict of interest) The motion carried. PROPOSED ORDINANCE NO.213, PLANNING AND ZONING COMMISSION MEMBERSHIP (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.213, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.213 by title only for the second reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.213, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING "THE CITY 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. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.213, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING "THE CITY 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 BE AND VOTE:Unanimous The motion carried. Councilman Steelsmith and Councilman Taylor expressed their feelings that seven members on the Planning and Zoning Commission are sufficient,in response to Vice Mayor Eidson's question regarding membership, since they had previously been members of the Planning and Zoning Commission. PROPOSED ORDINANCE NO.190, BAKKE AND PURCELL (Second Reading) Mr.Gero stated that there was a meeting between the residents in the area of the rezoning and the applicants,and they did come to a compromise. City Attorney Arnold Hirsch stated that the legal description of the property has been changed. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.190,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Damiano,Councilman Taylor,Vice Mayor Eidson Mayor Clarke Abstained:Councilman Steelsmith (possible conflict of interest) The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.190,by title only for the second reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.190,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 DISTRICT CLASSIFICATION IN REZONING CASE PZ-17-83 FROM TRAILER HOMESITE ZONE (TH)AND GR GENERAL RURAL TO TRAILER HOMESITE ZONE BY PLANNED DEVELOPMENT (CB-1/PD);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 JUNCTIO,ARIZONA,THAT ORDINANCE NO.190,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-17-83 FROM TRAILER HOMESITE ZONE (TH)AND GR GENERAL RURAL TO TRAILER HOMESITE ZONE BY PLANNED DEVELOPMENT (CB-1/PD);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: 2.CONSIDERATION OF THE "DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR SUNRISE RV RESORT" SHALL BE HELD UNTIL FINAL PLANNED DEVELOPMENT APPROVAL. 3.APPLICANT SHALL DEDICATE AND IMPROVE THOSE RIGHTS -OF -WAY ADJACENT TO THE PROPERTY IN ACCORDANCE WITH THE ADOPTED STREET CLASSIFICATION PLAN. (NOTE:ACTION TAKEN ON PROPOSED ORDINANCE NO.204 - RE:SOUTH VALLEY DRIVE WILL DETERMINE IF IT IS TO BE REQUIRED.) 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." Vice Mayor Eidson seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Damiano, Mayor Clarke, Vice Mayor Eidson Abstained:Councilman Steelsmith (possible conflict of interest) The motion carried. PROPOSED ORDINANCE NO.200, GOLLY (Second Reading) claim deed has not been submitted as yet.Mr.Gero explained that the quit Councilman Steelsmith 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 REGULAR MEETING OF SEPTEMBER 6, 1983. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS None. EXECUTIVE SESSION,WORK SESSION, SEPTEMBER 6, 1983 Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON SEPTEMBER 6, 1983, AT 6:00 P.M. Councilman Steelsmith seconded the motion. VOTE:Unanimous INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Damiano informed the Council that the bricks and brass plates on the gazebo are still being sold. Councilman Taylor commended the Economic Opportunities Action Team on their hard work. ADJOURNMENT Vice Mayor 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 7:57 P.M. Councilman Taylor seconded themotion. VOTE:Unanimous The motion carried. ACCEPTED THIS 6TH DAY OF SEPTEMBER , 1983, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ATTEST: Kathleen ConnellyCity Clerk