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HomeMy WebLinkAbout1983-12-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 6, 1983 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 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 7:00 p.m. INVOCATION Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Taylor,Councilman Damiano, Councilman Steelsmith Councilman Shanks, Vice Mayor Eidson,Mayor Clarke Councilman Absent: Councilman Hill (ill) Staff Present: Staff Absent: City Manager Michael J.McNultyCity Clerk Kathleen Connelly Director of Public SafetyBillMcDanielControllerKeithLewis Economic Development Specialist John Schoeph Associate Planner Jim NakagawaCity Attorney Arnold HirschDeputy City Clerk Lori Clark Director of Public Works Rich Broman Director of Planning Joe Gero Others Present:Mr.Frank TalbotSuperstitionRealty Ms Pat Nelson 719 N. Saguaro Apache Junction,Arizona 85220 Mr.Earl Laabs Mr.John Dassinger, Sr. 1544 S.Stetson Rd. Apache Junction,Arizona 85220 Mr.Keith Stachar 6301 E. Roundup 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 AFTER DELETING ITEM NO.11. Councilman Damiano 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 ITEM "A":PROPOSED ORDINANCE NO.224,PZ-37-83, COMMISSION INITIATIVE,AND ITEM "B":ACCEPTANCE OF MINUTES OF REGULAR MEETING OF NOVEMBER 15,1983, OF THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors None. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CITY MANAGER'S REPORT City Manager Mike McNulty announced that on December 7, 1983,theapplicationfrom the American Public Service Company to assume Certificate of Convenience and Necessity for the Sierra Entrada sewage treatment plant will be considered at the Corporation Commission meeting. PUBLIC HEARINGS PROPOSED RESOLUTION NO.83-62, GP -1-83,AMENDMENTS OF GENERAL PLAN )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT PROPOSED RESOLUTION NO.83-62,AMENDMENT TO THE GENERAL PLAN,BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF DECEMBER 20,1983. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.188, PZ-15-83,LEIGH (First Reading)) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT PROPOSED ORDINANCE NO.188, PZ-15-83,BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF JANUARY 3, 1984. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.223, PZ-36-83,RIBAUDO(First Reading) )Associate Planner Jim Nakagawa briefed the Council on rezoning Case No.PZ-36-83,from GR General Rural to Trailer Homesite Zone (TH),and i t is designated as Medium Density Residential on the General Plan. Mr.Frank Talbot,Superstition Realty, possessing a power -of -attorney from the applicant,requested approval of the re- zoning. 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.Nakagawa stated that the Development Co-ordinating Committee and the Planning and Zoning Commission have no objections to the rezoning,subject to certain stipulations. Mayor Clarke called upon the City Clerk to read Ordinance No. 223,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.223, 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 PROPOSED ORDINANCE NO.235,SN-3-83,COMMISSION INITIATIVE(First Reading) ) Mayor Clarke opened the hearing to the public. Mr.Nakagawa explained that this is a proposal renaming "West Wells Fargo Avenue" to "West Twelfth Avenue". 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. 235,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.235, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING "SECTION 13-2-5,ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES," BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED, "OFFICIAL STREET NAMING MAP OF APACHE JUNCTION,ARIZONA," BY CHANGING THAT CERTAIN STREET NAME FROM "WEST TWELFTH AVENUE"TO "WEST WELLS FARGO AVENUE" BETWEEN "SOUTH IRONWOOD DRIVE"AND "SOUTH BUENA VISTA DRIVE";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.241, LIQUOR LICENSE FEES AND DELINQUENCY FEES (First Reading with Emergency Clause) ) Mayor Clarke opened the hearing to the public. City Clerk Kathleen Connelly reminded the Council that at several previous Work Sessions amending the Liquor License and delinquency fees had been discussed,and that this proposed ordinance makes four changes in this regard: increasing the initial liquor license fee by 25% of theexistingdollaramount,increasing the annual renewal fee from $35.00 to 50%of the initial fee,a $50.00 nonrefundable liquor license application fee added,and the delinquency fees for all business licenses are changed from 10%to 10%per month. Ms Pat Nelson,719 N. Saguaro, ApacheJunction,Manager of Los Vaqueros Restaurant and Lounge,addressed the Council inoppositiontotheamendmentsregarding Liquor Licenses,except the delinquency fee and initial application fee. Mayor Clarke asked i f there was anyone else who wished to speak in favor of or in opposition to the application.There being no one else wishing to address the Council,Mayor Clarke closed the hearing to the public. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.241, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. The motion failed. City Clerk Kathleen Connelly stated that this vote indicated that the Council wished to have Ordinance No. 241 read in itsentirety. City Manager McNulty explained that unlessthiswastheintentionoftheCouncil,i t would be necessary to make a new motionthatOrdinance No. 241 be read by title only. Councilman Steelsmith asked the City Attorney i f the Council could reconsider this action. City Attorney Arnold Hirsch stated that the Council could make the same motion with a new vote. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT ORDINANCE NO.241, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 241,by title only with the emergency clause. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.241, 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 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-4 SCHEDULE,PERTAINING TCUETENS-IN ALCOHOLIC BEVERAGES;AND BY AMENDING SECTION 8-5-9 TAXES DELINQUENT, PENALTY; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT ORDINANCE NO.241, 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 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-4 SCHEDULE,PERTAINING TO DEALERS IN ALCOHOLIC BEVERAGES;AND BY AMENDING SECTION 8-5-9 TAXES DELINQUENT,PENALTY;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. The motion failed due to lack of a second. SMALL GAME BINGO LICENSE APPLICATION, WEAVERS NEEDLE T.T.RESORT ) ) Mayor Clarke opened the hearing to the public. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY CLAYTON BROWN AGENT FOR WEAVERS NEEDLE TRAVEL TRAILER RESORT,BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.220, PZ-33-83,FINNEGAN,ODEN AND BRIGHT (Second Reading) ) )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.220, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the city clerk to read Ordinance No. 220,by title only for the second reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.220, 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-33-83 FROM GR GENERAL RURAL AND CR-5 MULTIPLE RESIDENCE ZONE TO TRAILER HOMESITE ZONE (TH); 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.220, 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-33-83 FROM GR GENERAL RURAL AND CR-5 MULTIPLE RESIDENCE ZONE 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 STIPULATIONS OR CONDITIONS AS CONDITIONS PRECEDENT TO REZONING APPROVAL: "THE APPLICANT DEDICATE THE SOUTH FIFTY (50')FEET AND THE NORTH THIRTY-THREE(33')FEET OF THE SUBJECT PROPERTY FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES." The motion carried. Councilman Shanks requested an interpretation of the traffic count in the "Motions,Requests,and Actions Not Completed". Associate Planner Jim Nakagawa explained that the figures given are con- sidered comparatively low. Councilman Shanks asked i f this traffic would increase or cause a problem with the addition of a trailer park. Mr.Nakagawa stated that the street geometry looks a little hazardous,but does not really relate to this issue. Councilman Damiano informed the Council that the Development Coordinating Committee had probably checked on the traffic situation before recommending approval of the rezoning. VOTE:In Favor:Councilman Taylor,Councilman Shanks,Councilman Damiano Councilman Steelsmith,Mayor Clarke Opposed: Vice Mayor Eidson The motion carried. EMPLOYEE/DEPENDENT HEALTH INSURANCE COVERAGE (Postponed Item)) )City Manager McNulty explained that there would be a managers meeting with CAAG regarding proposals on December 14,1983,after which a recommendation would be presented to the Council. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE EMPLOYEE/DEPENDENT HEALTH INSURANCE COVERAGE ITEM BE FURTHER POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF DECEMBER 20,1983. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. AMENDMENT TO TERM OF OFFICE/ REAFFIRMATION OF PREVIOUS APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AUTHORITY )City Clerk Kathleen Connelly explained thatdue to researching past Articles of Incorporation of the Industrial Development Authority and Council minutes,the IDA memberships should be for six years each, which were initially staggered,and as previously the Council had appointed Mr. John Granillo to a term expiring in 1987,and i t is necessary to change this term to expire in 1989. Councilman Taylor MOVED THAT BE IT RESOLVED BY VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.83-64, FINANCIAL DISCLOSURE STATEMENTS) )City Clerk Kathleen Connelly stated that the State Legislature has amended the financial disclosure requirements pertaining tolocalelectedofficialandcandidatesforpublicoffice,which will go intoeffectJanuary 1,1984. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-64,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PRESCRIBING STANDARDS OF FINANCIAL DISCLOSURE FOR LOCAL ELECTED OFFICIALS, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke recognized Jimmy Karam,member of the Pinal County Board ofSupervisors. PROPOSED RESOLUTION NO.83-65, OPPOSING USE OF POLICE OFFICER'S TRAINING FUND FOR PRISON FINANCING) )Mr.McNulty stated that i t would be in the best interest of the City and other cities to oppose this legislation,as i t would affect the ability to train police officers. Director of Public Safety Bill McDanielexplainedthatprovidingthislegislationis passed,the funds provided to trainpoliceofficerswould be used to build prisons,causing the city to carry the burden of training peace officers which would have a drastic effect on the city budget. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT RESOLUTION NO.83-65,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES, ARIZONA,OPPOSING PROPOSED LEGISLATION TO FINANCE PRISON CONSTRUCTION FROM FUNDS HISTORICALLY ALLOCATED TO THE ARIZONA PEACE OFFICERS'TRAINING FUND, BE AND HEREBY IS APPROVED AND ADOPTED. Vice Mayor Eidson seconded the motion. VOTE:Unanimous Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE VEHICLES USED BY THE CITY MANAGER AND ECONOMIC DEVELOPMENT SPECIALIST ARE HEREBY GRANTED A WAIVER FROM STATE REQUIREMENTS FOR OFFICIAL VEHICLE DESIGNATION DUE TO THEIR INVOLVEMENT IN ACTIVITIES OF A CONFIDENTIAL NATURE. BE IT FURTHER RESOLVED THAT THIS EXEMPTION SHALL EXPIRE ON DECEMBER 6, 1984, UNLESS FURTHER EXTENDED BY THE CITY COUNCIL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO LIBRARY BOARD) )Councilman Shanks informed the Council that there are several people who are interested in filling out talent bankapplications for this vacancy. Councilman Damiano read the following letter: "Honorable Mayor and City Council: Please accept my resignation from the Library Board effective December 1, 1983. I will be unable to attend the Library Board meetings in the future so feel i t best to resign at this time. I t has been a pleasure to serve on this board. Sincerely, Margaret D.Carlin" 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 MARGARET CARLIN FROM THE LIBRARY BOARD,BE ACCEPTED WITH REGRET. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. SUNRISE SUBDIVISION FINAL PLAT APPROVAL,SD -1-83 )Mr.Nakagawa stated that this is the finalplatforSunriseSubdivision,and the Subdivision Committee recommended approval on December 6, 1983,after reviewing the materials submitted. VOTE:In Favor:Vice Mayor Eidson,Councilman Taylor,Councilman Shanks Councilman Damiano Abstained:Councilman Steelsmith,Mayor Clarke The motion carried. WORK SESSION,DECEMBER 19,1983 EXECUTIVE SESSION,WORK SESSION DECEMBER 20, 1983 )Councilman Shanks 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 DECEMBER 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 DECEMBER 20, 1983, AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC Mr.Earl E. Laabs, 370 E.12th Avenue, Apache Junction,requested an explanation as to why Item No. 3,Amendment to the General Plan,had been post- poned. City Attorney Arnold Hirsch stated that the public hearing on this item had been postponed until the meeting of December 20, 1983,and the issue should be addressed at that time. Mr.John Dassinger,Sr.,1544 S.Stetson Road, Apache Junction,addressed the Council in regards to the proposed Amendments to the General Plan. Mr.Keith Stachar,6301 E. Roundup, Apache Junction,stated that he would speak regarding Item No. 3 when i t was placed on the agenda again. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Mayor Clarke reminded the public that the City birthday party is taking place in the Community Services Building after the Council meeting. REQUESTS OF COUNCIL None. ADJOURNMENT VOTE:Unanimous The motion carried. ACCEPTED THIS 20TH DAY OF DECEMBER , 1983, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. . s.lw;ArK7-430.• Clarke Mayor ATTEST: Kathleen ConnellyCity Clerk