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HomeMy WebLinkAbout1986-02-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 18,1986 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 18,1986,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:14 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Councilman Jimenez,Councilwoman Gardner,Councilwoman Taylor, Councilman Baljo,Councilman Eidson,Vice Mayor Bakkedahl, Mayor Hill City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Clark Controller Keith Lewis Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph Operations Supervisor Doug Dobson Staff Absent:City Manager Michael J.McNulty Others Present:Mr.Carl Ponshock Ms Elizabeth Ferris 1251 S.Main Apache Junction,AZ Mr.Victor Webster 1223 S.Grand Apache Junction,AZ Mr.Richard Wirth Mr.Albert M.Kerr 1875 S.Idaho Apache Junction,AZ Mr.Larry Richardson Lewis -Brewer Development Co. 8600 San Ardo Scottsdale,AZ Mr.Harold Christ 6125 E.Palm Way Apache Junction,AZ Mr.Ray Nellessen 1602 N.Fountain Blvd. Springfield,Ohio 45504 Mr.James White 1804 W.Tepee Apache Junction,AZ ACCEPTANCE OF CONSENT AGENDA )Councilman Baljo MOVED THAT THE REGULAR MEETING AGENDA BE AMENDED BY MOVING ITEM NO.5 TO PRECEDE ITEM NO.3. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. Councilman Baljo MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS AMENDED. Councilwoman Taylor seconded the motion. VOTE:Unanimous (Councilwoman Gardner abstained on Item No.2,as she was not present at the February 4,1986 Council meeting) The motion carried. Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CITY MANAGER'S REPORT Acting City Manager,City Clerk Kathleen Connelly showed a video of the progress on the Library. CALL TO THE PUBLIC Councilman Eidson stepped down from his seat on the Council,to address the City Council. Mr.Jimmy Eidson,944 W.3rd Avenue,Apache Junction,expressed his opposition to the motives for certain decisions made by some of the Councilmembers;criticism of staff at council meetings;and assistance given by a councilmember to people seeking to do away with the city. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 2 OF 9 PUBLIC HEARINGS PROPOSED ORDINANCE NO.480,PZ-83-85, APACHE VILLA SUBDIVISION,AGE SPECIFIC OVERLAY ZONING DISTRICT ) )Director of Planning Chuck Newcomer explained that at the January 7th regular meeting,the City Council had initiated an amendment to the Zoning Map to establish the Age Specific Overlay Zoning District on all five units of Apache Villa,outlined the legal procedures that were followed and stated that the Planning and Zoning Commission recommends approval of the amendment. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the amendment. Mr.Carl Ponshock,property owner i n Apache Villa,wished to know i f he,as an owner under 50 could move back into Apache Villa. City Attorney David Alexander explained that deed restrictions are enforced by the property owners i n the subdivision,and that any existing nonconforming uses are grandfathered. Councilman Eidson explained the grandfather clause,and voiced an objection to the age restrictions due to property owners such as Mr.Ponshock. Councilwoman Taylor asked Mr.Ponshock how many other such cases are i n Apache Villa. Mr.Ponshock stated that there are other such owners,but they may be presently living i n the homes. Ms Elizabeth Ferris,1251 S.Main, Apache Junction,resident of Apache Villa,wished to know how the Age Specific Zoning would benefit the residents i f there were cases with the grandfather clause. Attorney Alexander further explained the grandfather clause,stating that the nonconforming use may be continued until the use i s discontinued for one year. Ms Ferris specified that children residing i n Apache Villa i s what the residents object to. Mayor Hill explained that the Council has no control with regards to property that i s grandfathered. Mr.Victor Webster,1223 S.Grand Drive,Apache Junction,stated that i n the instance of Mr.Ponshock,he should be allowed to reside at the property and i t would be up to the residents to initiate court action. Mr.Alexander stated that only one person would have to complain of a zoning violation i f Mr.Ponshock did reside i n Apache Villa. Mayor Hill asked i f there was anyone else wishing to speak on this item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.480,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Jimenez seconded the motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 3 OF 9 VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.480,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,BY ESTABLISHING THE AGE SPECIFIC (AS)OVERLAY ZONING DISTRICT IN REZONING CASE PZ-83-85;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor expressed concern over specific points i n the ordinance. Councilman Jimenez addressed the Council i n favor of the ordinance. Councilman Jimenez MOVED THAT ORDINANCE NO.480,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.407,PZ-41-85, WIRTH (Postponed Item) )Mr.Newcomer briefed the Council on this rezoning request and stated that previous staff recommendation on this rezoning has been for approval,but since the applicant i s unwilling to enter into the "Special Agreement Postponing Off -Site Improvements",the Planning Department recommendation i s for denial or that the rezoning area be enlarged to include Lot #19 and that Lot #19 and Lot #20 be combined as a single parcel. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the application. Mr.Richard Wirth requested that the rezoning be withdrawn,objecting to the inclusion of Lot #19 i n the re- quirements and requested that his fees be returned. City Attorney Alexander gave the opinion that i t i s incorrect to ask the applicant to dedicate land that i s not the subject matter of the zoning amendment and that the zoning ordinance indicated the fees were non-refundable. Director of Public Works Rich Broman further explained the reasons for the requirements on Lot #19. Councilmembers discussed the options open to Mr.Wirth,should he choose not to withdraw the application. Mayor Hill MOVED THAT ORDINANCE NO.407,PZ-41-85 BE POSTPONED UNTIL THE REGULAR MEETING OF MARCH 4,1986. Councilman Baljo seconded the motion. Mr.Wirth again expressed the wish to withdraw the rezoning application PZ-41-85. Mayor Hill and Councilman Baljo withdrew the motion and second. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 4 OF 9 Councilman Baljo MOVED THAT THE REQUEST TO WITHDRAW THE APPLICATION FOR REZONING,ORDINANCE NO.407, PZ-41-85,BE GRANTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.479, PZ-81-86,KERR )Mr.Newcomer briefed the Council on the request for rezoning from GR General Rural to CR-2 (MH)Single Family Residence Zone of a 42,700 square foot parcel,located approximately 300 feet east of Idaho Road on 18th Lane,and stated that staff and the Planning and Zoning Commission recommend approval of the application. Mr.Albert M.Kerr,1875 S.Idaho, Apache Junction,stated that the proposed use was to subdivide and place mobile homes on the property. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill closed the the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.479,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.479,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-81-85 FROM GENERAL RURAL (GR)TO SINGLE FAMILY RESIDENCE ZONE CR-2(MH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.479,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.481,PZ-81-85, LEWIS-BREWER DEVELOPMENT COMPANY ) )Assistant Planner Julie Reid briefed the Council on the request for rezoning from General Rural to Multiple Family Residence Zone by Planned Development of a 10 acre parcel,located between East 22nd Avenue and East Southern Avenue from South Cortez Road to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 5 OF 9 South Acacia Road,outlined the proposed development and stated that staff and the Planning and Zoning Commission both recommend approval with stipulations. Mr.Larry Richardson,representing Lewis -Brewer Development,8600 San Ardo,Scottsdale,requested approval of the rezoning,and stated that the preliminary designs were not done by an engineer but i f approved the developers will solicit the services of an engineer. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.481,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.481,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-84-85 FROM GR GENERAL RURAL TO CR-4/PD MULTIPLE FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner MOVED THAT ORDINANCE NO.481,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Jimenez seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.483,APACHE JUNCTION TRANSPORTATION BOARD )City Clerk Kathleen Connelly explained that this ordinance proposed to establish a Transportation Board for Apache Junction which would be responsible for making recommendations to the Council i n areas which would include limited access freeway systems, county transportation systems,purchase of rights -of -way,street con- struction and a rapid transit systems and the Board would consist of eight individuals. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Mr.Harold Christ,6125 E.Palm Way, Apache Junction,representing the Chamber of Commerce,addressed the Council expressing the importance of this Transportation Board for Apache Junction. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 6 OF 9 I Councilman Jimenez MOVED THAT ORDINANCE NO.483,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.483,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,BY ADDING ARTICLE 2-17 APACHE JUNCTION TRANSPORTATION BOARD;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Jimenez MOVED THAT ORDINANCE NO.483,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. The motion died from lack of a second. Councilman Jimenez MOVED THAT ORDINANCE NO.483,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: Section 2-17-2 Membership and Terms of Office,change A.to include two members of the Chamber of Commerce,change two members of the City Council to one member of the City Council;and add to the end of "A."the words "as an ex -officio member". Councilwoman Gardner seconded the motion. Councilman Baljo asked for a definition of "street construction"mentioned i n the ordinance. Ms Connelly explained that this i s enables the Board to make recommendations to the Council on general street construction,not specific streets. Councilman Baljo amended the motion to change the words "street construction"to read "general street con- struction planning"i n Sections 2-17-1 and 2-17-8;and that i n Section 2-17-4 the board also elect a chairman (instead of the Mayor serving as chairman). Councilwoman Gardner seconded the amendment to the motion. VOTE (on the amendment):Unanimous The amendment to the motion carried. Councilman Jimenez suggested advertising for the citizens members as soon as possible. VOTE (on the original motion):Unanimous The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 7 OF 9 PROPOSED RESOLUTION NO.86-04, AB -85-16,MINNICK )Ms Connelly informed the Council that the applicant,Dr.R.S.Minnick,had verbally requested that the application for abandonment be withdrawn,but a written request has not been submitted. Mayor Hill suggested that since a written request for withdrawal has not been received,the Council take action on this resolution. Mr.Ray Nellessen,1602 N.Fountain Blvd.,Springfield,Ohio 45504,adjacent property owner,addressed the Council i n opposition to the abandonment and outlined the reasons. Councilman Baljo stated that the abandonment could be a benefit for Mr.Nellessen. Mr.James White,1804 W.Tepee, Apache Junction,owner of Sierra Leone,spoke i n favor of the abandonment. Councilman Jimenez MOVED THAT RESOLUTION NO.86-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS SAGUARO DRIVE BETWEEN SVIGKETREE AND TEPEE STREETS DESCRIBED IN STREET ABANDONHENT CASE AB -85-16,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE DENIED. Councilwoman Gardner seconded the motion. VOTE:I n Favor:Councilwoman Gardner,Councilman Jimenez, Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Eidson,Councilwoman Taylor,Councilman Baljo The motion carried. NEW BUSINESS AWARD OF BID FOR TWO DUMP TRUCKS ) )Operations Supervisor Doug Dobson explained that two bids were submitted for the 10 -wheel dump trucks,and recommended that the bid be awarded to Bexon Equipment i n the amount of $47,925.00. Councilwoman Taylor MOVED THAT THE BID FOR TWO (2)10 -WHEEL DUMP TRUCKS,BE AWARDED TO BEXON EQUIPMENT,IN THE AMOUNT OF $47,925.00 TOTAL. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,WORK SESSION, MARCH 3,1986 EXECUTIVE SESSION,WORK SESSION, MARCH 4,1986 )Vice Mayor Bakkedahl MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON MARCH 3,1986,IN THE CITY COUNCIL CHAMBERS; REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 8 OF 9 AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON MARCH 4,1986, AT 6:00 P.M,IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Jimenez reported on the Youth Advisory Board meeting. Councilwoman Taylor requested that the Council be informed of all Board and Commission meetings. Economic Development Specialist John Schoeph reported on the "Red Carpet"event. REQUESTS OF COUNCIL Councilwoman Taylor requested that Mr.Nellessen address the Council regarding rumors that staff was rude to him at the Development Coordinating Committee meeting. Mr.Nellessen stated that staff had not been rude. Councilman Baljo requested that discussion on street abandonments be placed on the next work session agenda. ADJOURNMENT MEETING BE ADJOURNED AT 10:30 P.M. motion. VOTE:Unanimous The motion carried. Councilman Jimenez MOVED THAT THE Councilwoman Gardner seconded the ACCEPTED THIS 4TH DAY OF MARCH ,1986,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ATTEST: Norman S.Hill Mayor 1 Kathleen Connelly cV City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1986 PAGE 9 OF 9