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HomeMy WebLinkAbout1983-09-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 6, 1983 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 6, 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 7:02 p.m. INVOCATION Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Hill,Councilman Steelsmith,CouncilmanTaylor,Councilman Shanks, Councilman Damiano, Vice Mayor Eidson,Mayor Clarke City Manager J.James Tuvell,Jr.City Clerk Kathleen Connelly Director of Public SafetyBillMcDaniel Director of Planning Joe Gero Representing Director of Public Works,Operations Supervisor Doug DobsonControllerKeith Lewis Economic Development Specialist John SchoephCity Attorney Arnold Hirsch State Representative Roy Hudson 2084 W.9th Avenue Apache Junction,Arizona 85220 Mr.Phil Goldsberry Planning Director,CAAG 1810 Main St.,Drawer JJ Florence,Arizona 85232 Mr.and Mrs.George Little 2567 W.Cholla Apache Junction,Arizona 85220 Mr.David Pennartz,Attorney Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Eidson 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 ITEMS "A","B","C","D",AND "E",BE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carrieq. Introduction of Distinguished Guests and Visitors Mayor Clarke introduced State Representative Roy Hudson,CAAG Representative,Mr.Phil Goldsberry,and Mr.and Mrs.George Little. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE, JBZ'S SPORTS LOUNGE ) Mayor Clarke opened the hearing to thepublic. 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 MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.200,GOLLY (Postponed for 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.200, 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 CityClerkto read Ordinance No. 200,by title only for the second reading. City Clerk Kathleen Connelly,read asfollows: ORDINANCE NO.200, 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-22-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Councilman Damiano asked i f the required quit claim deeds had been submitted. Director of Planning Joe Gero,replied that the City is in possession of the quit claim deeds. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.200, 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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-22-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED WITH THE FOLLOWING STIPULATION OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL: "DEDICATION OF SOUTH AND EAST THIRTY-THREE (33')FEET FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES." BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE AS FOLLOWS: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH PROPOSED ORDINANCE NO.212, LOEWENSTEIN (Postponed for Second Reading)) ) Mayor Clarke stated that a letter had been received from Mr.Marty Jones,Attorney,requesting further postponement of this item until the regular meeting of October 4,1983. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.212 BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF OCTOBER 4, 1983. Councilman Steelsmith seconded themotion. VOTE:Unanimous The motion carried. SCOPE OF WORK ON WATER RELATED MATTERS )City Manager J.James Tuvell,Jr.,stated that a "Scope of Work" had been presented to the Council,submitted by Mr.Bill Stephens. Mr.David Pennartz,with the law firm of Mr.Bill Stephens,further explained the report,and the proceduresinvolvedwith the City obtaining a water company. Councilman Shanks suggested setting an amount for the preliminary study,not to be exceeded except by City Councilauthorization. Mr.Pennartz felt that the amountsstatedinthescopeof work are reasonable. Councilman Steelsmith agreed with the suggestion made by Councilman Shanks. Mr.Tuvell wished to know i f Mr.Stephens would be required to return to the Council after the preliminary study is completed in order to get further approval to continue work. Mr.Pennartz stated that the onlyauthorizationrequestedatthistimeis to proceed with the pre-eliminary study only. Mr.Tuvell asked i f this discussion would be sufficient,as part of the record,or i f a more detailed motion is necessary. City Attorney Arnold Hirsch statedthattheextentofthework should be incorporated into a motion. In response to a question by MayorClarke,Mr.Pennartz explained the procedures for water studies inCalifornia. City Manager James Tuvell,and Mr.Pennartz,recessed to the City Manager's office,and the Director of Public Safety Bill McDaniel took the City Manager's seat. NEW BUSINESS FINAL PLAT APPROVAL,SD -3-82, INDIAN SUMMER CONDOMINIUMS )Mr.Gero explained the location andspecificsofthisfinalplatapproval. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE FINAL SUBDIVISION PLAT FOR SD -3-82, INDIAN SUMMER CONDOMINIUMS,BEING A COMPANION CASE TO PZ-20-82,A REZONING TO CR-5/PD MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT,IS FOUND TO BE IN COMPLIANCE WITH THE CITY'S GENERAL PLAN,THE CITY'S SUBDIVISION ORDINANCE,AND WITH THE APPROVED PRELIMINARY PLAT,AND THAT THE CITY COUNCIL DOES HEREBY CONDITIONALLY APPROVE THE FINAL PLAT,FOR THE FOLLOWING REASONS: THAT IT DOES MEET CITY REQUIREMENTS STIPULATIONS IF CONDITIONALLY APPROVED ARE: 1.THAT THE ORDINANCE OF THE CITY OF APACHE JUNCTION,INCLUDING BUT NOT LIMITED TO THE ZONING AND SUBDIVISION ORDINANCES AND THE PROVISIONS OF THE ARIZONA REVISED STATUTES,SHALL PREVAIL OVER IN ANY TERM, CONDITION,OR PROVISION CONTAINED IN THE DECLARATIONS OF COVENANTS, CONDITIONS,AND RESTRICTIONS SUBMITTED BY APPLICANT;FURTHERMORE, NO TERM,CONDITION,OR PROVISION SET FORTH IN THE DECLARATIONS OF COVENANTS,CONDITIONS,AND RESTRICTIONS SHALL BE DEEMED TO PLACE IN PRESENT OR THE FUTURE ANY CONTRACTUAL OR FINANCIAL OBLIGATION UPON THE CITY OF APACHE JUNCTION EXCEPT AS APPROVED. THE REQUIREMENT FOR SUBMITTAL OF THE DECLARATIONS OF COVENANTS,CONDITIONS,AND RESTRICTIONS NEITHER IMPLIES,GRANTS APPROVAL TO,NOR RATIFIES SAID DOCUMENTS OF OR ANY TERM,CONDITION OR PROVISION THEREIN CONTAINED. 2.THAT THE APPLICANT PAY ALL RECORDING FEES REQUIRED BY THE PINAL COUNTY RECORDER'S OFFICE. 3.THAT THE APPLICANT HAVE ENGINEERING PLANS AND PUBLIC IMPROVEMENT ASSURANCE APPROVED BY THE CITY ENGINEER. 4.OBTAIN THE SIGNATURES FOR RATIFICATION,CONCURRENCE,AND APPROVAL BASED ON THE SUBDIVISION PLATTING OF THE PROPERTIES,AND APPROVAL OF THE CC&R'S AS SET FORTH IN THE TOTAL APPLICATION PACKAGE. Councilman Damiano seconded themotion. VOTE:Unanimous The motion carried. FINAL PLAT APPROVAL,SD -4-83, • ZONING ORDINANCE,THE CITY'S SUBDIVISION ORDINANCE,AND WITH THE APPROVED PRELIMINARY PLOT,AND THAT THE CITY COUNCIL DOES CONDITIONALLY APPROVE THE FINAL PLAT,FOR THE FOLLOWING REASONS: THAT IT MEETS THE REQUIREMENT OF THE CITY'S SUBDIVISION ORDINANCE STIPULATIONS IF CONDITIONALLY APPROVED ARE: 1.THAT THE ORDINANCES OF THE CITY OF APACHE JUNCTION,INCLUDING BUT NOT LIMITED TO THE ZONING AND SUBDIVISION ORDINANCES AND THE PROVISIONS OF THE ARIZONA REVISED STATUTES,SHALL PREVAIL OVER IN ANY TERM CONDITION,OR PROVISION CONTAINED IN THE DECLARATIONS OF COVENANTS,CONDITIONS,AND RESTRICTIONS SUBMITTED BY APPLICANT; FURTHERMORE,NO TERM,CONDITION,OR PROVISION SET FORTH IN THE DECLARATIONS OF COVENANTS,CONDITIONS,AND RESTRICTIONS SHALL BE DEEMED TO PLACE IN THE PRESENT OR THE FUTURE ANY CONTRACTUAL OR FINANCIAL OBLIGATION UPON THE CITY OF APACHE JUNCTION EXCEPT AS APPROVED. THE REQUIREMENT FOR SUBMITTAL OF THE DECLARATIONS OF COVENANTS,CONDITIONS,AND RESTRICTIONS NEITHER IMPLIES,GRANTS APPROVAL TO,NOR RATIFIES SAID DOCUMENTS OF OR ANY TERM,CONDITION OR PROVISION THEREIN CONTAINED. 2.THAT THE APPLICANT PAY ALL RECORDING FEES AS REQUIRED BY THE PINAL COUNTY RECORDER'S OFFICE. 3.THAT A LANDSCAPING AGREEMENT AND ASSURANCE FOR PUBLIC IMPROVEMENTS BE APPROVED BY THE CITY ENGINEER. 4.OBTAIN THE SIGNATURES FOR RATIFICATION,CONCURRENCE,AND APPROVAL BASED ON THE SUBDIVISION PLATTING OF THE PROPERTIES,AN APPROVAL OF THE CC&R'S AS SET FORTH IN THE TOTAL APPLICATION PACKAGE. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID FOR LAW ENFORCEMENT ) )Director of Public Safety Bill McDaniel stated that the City of Eloy is added to the Agreement,andadditionalamendments,and gave examples of mutual aid. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID IN LAW ENFORCEMENT,BE AND HEREBY IS APPROVED AND ADOPTED AS AMENDED AND PRESENTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-54 Mr.Phil Goldsberry,PlanningDirector,CAAG,explained that CAAG was designated in 1976 by the Governor as the Areawide Management Planning Agency for the water and pollutioncontrolactamendmentsof 1972,and presented copies of the procedure to include Apache Junction in the plan. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-54,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REQUESTING CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS TO APPROVE AN AMENDMENT TO THE REGIONAL 208 AREAWIDE WATER QUALITY MANAGEMENT PLAN TO INCLUDE APACHE JUNCTION,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Steelsmith seconded themotion. VOTE:Unanimous The motion carried. AWARD OF BID FOR CHIP SEALING AND ASPHALTIC OVERLAY PW-83-2 ) )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE BID FOR PUBLIC WORKS PROJECT NO.PW-83-2 BE AWARDED AS FOLLOWS: 1.CHIP SEALING OF SELECTED CITY STREETS TO BENTSON CONTRACTING IN THE AMOUNT OF $50,966.13. 2.ASPHALTIC CONCRETE OVERLAY OF SELECTED CITY STREETS TO BENTSON CONTRACTING IN THE AMOUNT OF $168,681.00. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. HEALTH INSURANCE )Director of Public Safety Bill McDaniel stated that due to an increase in dependent insurance coverage premiums,the Council had recommended that the City solicit bids,also suggesting that the City pay all additional charges until a decision is made. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE (CITY MANAGER AND/OR CITY CLERK)IS HEREBY DIRECTED TO TAKE WHATEVER STEPS ARE NECESSARY TO SECURE PROPOSALS FOR EMPLOYEE/DEPENDENT HEALTH AND LIFE INSURANCE. BE IT FURTHER RESOLVED THAT NOTIFICATION BE SENT TO THE MARTIN E.SEGAL CO. THAT THE CITY NO LONGER WISHES TO RETAIN THEM AS INSURANCE CONSULTANT. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. City Manager J.James Tuvell returned from consultation with Mr.Pennartz and resumed his chair. RESIGNATION FROM AND APPOINTMENT TO CITIZENS ADVISORY COMMITTEE ON CABLE TV Goodwin for the vacancy. ))Councilman Shanks recommended Evelyn Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE RESIGNATION OF MR.JERRY BURGESS FROM THE CITIZENS ADVISORY COMMITTEE ON CABLE TV, BE AND HEREBY IS ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT EVELYN GOODWIN,BE APPOINTED TO THE CITIZENS ADVISORY COMMITTEE ON CABLE TV, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR.JERRY BURGESS. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. RESIGNATION FROM AND APPOINTMENT 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 MS SANDY RENZ FROM THE PARKS AND RECREATION COMMISSION,BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT TED MILLSPAUGH,BE APPOINTED TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MS SANDY RENZ, SAID TERM TO EXPIRE APRIL 30,1984. motion. letter: Councilman Damiano seconded the Councilman Damiano read the following "I,Sandy Renz,am resigning from the Parks and Recreation Board due to my husband finding employment in Illinois. I have greatly enjoyed being a part of your community. The best of luck in your future endeavors.My blessings are with you. Thank you, " CONCLUSION OF SCOPE OF WORK WATER RELATED MATTERS Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE SCOPE OF WORK ON WATER RELATED MATTERS,PRESETNED BY MR. BILL STEPHENS AND BOOKMAN-EDMONSTON ENGINEERING,INC.,BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT: 1.THE ENGINEERING FEES FOR THE PRELIMINARY STUDY WILL NOT EXCEED $10,000.00 WITHOUT SPECIFIC AUTHORIZATION BY THE CITY COUNCIL. 2.THE $10,000.00 FOR THE PRELIMINARY STUDY WILL ALSO INCLUDE ENGINEERING FEES FOR A REVIEW OF THE ECONOMIC FEASIBILITY OF ACQUIRING ONE OR BOTH WATER COMPANIES. 3.AT THE CONCLUSION OF THE PRELIMINARY STUDY,THE SECOND PHASE OF WORK WHICH WOULD INCLUDE THE DETAILED VALUATION OF THE WATER COMPANIES AND THE PREPARATION OF EXPERT TESTIMONY WILL PROCEED ONLY WITH CITY COUNCIL APPROVAL. Councilman Damiano seconded the motion. VOTE:Unanimous the motion carried. WORK SESSION,SEPTEMBER 19,1983 EXECUTIVE SESSION,WORK SESSION SEPTEMBER 20,1983 )Councilman Hill 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 SEPTEMBER 19,1983, 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 SEPTEMBER 20, 1983, AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION BE HELD ON SEPTEMBER 8, 1983, AT 6:00 P.M.,IN THE CITY MANAGER'S OFFICE. Councilman Hill seconded the motion. VOTE:Unanimous 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 8:00 P.M. Councilman Hill seconded the motion. VOTE:unanimous The motion carried. ACCEPTED THIS 20TI-DAY OF SEPTEMBER , 1983, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. e r A i r ' S e Pl a i Mayor ATTEST: Kathleen ConnellyCity Clerk