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HomeMy WebLinkAbout1986-04-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 15,1986 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 15,1986,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 7:00 p.m. ROLL CALL Councilman Present: Staff Present: Others Present: Councilman Taylor,Councilwoman Gardner,Councilman Jimenez, Councilman Baljo,Councilman Eidson,Vice Mayor Bakkedahl, Mayor Hill City Manager Michael J.McNulty City Clerk Kathleen Connelly Deputy City Clerk Lori Clark City Attorney David Alexander Controller Keith Lewis Superintendent of Community Services Jeff Bell Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman Economic Development Specialist John Schoeph Mr.Jack Milner 185 N.Conestoga Rd. Apache Junction,AZ 85219 Mr.Ruben Saldana,Jr. 2311 N.Delaware Apache Junction,AZ 85219 Mr.Dan Rafferty 10638 E.Boulder Dr. Apache Junction,AZ 85219 Mr.Brian Casper 1866 S.Palmer Mesa,AZ ACCEPTANCE OF CONSENT AGENDA )Councilman Eidson MOVED THAT CONSENT AGENDA ITEM NOS.1 AND 2 BE ACCEPTED AS PRESENTED. motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the Introduction of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Manager Michael J.McNulty announced that the City of Apache Junction has received the second consecutive and fourth i n the last five years,Safety Award from the State Compensation Fund i n recognition of our safety program,based on the number of accidents the City has had i n the last year. CITY MANAGER'S REPORT Mr.McNulty showed a video tape of the Library progress,and stated that the Library parking lot i s presently being improved. CALL TO THE PUBLIC Mr.Jack E.Milner,185 N.Conestoga Rd.,Apache Junction,addressed the Council i n opposition to the abandonment of Conestoga which would be proposed at the next Council meeting. PUBLIC HEARINGS PROPOSED ORDINANCE NO.491, PZ-7-86,SALDANA )Director of Planning Chuck Newcomer briefed the Council on the request for rezoning of a .76 acre parcel located on the southeast corner of North Delaware and West Lost Dutchman Boulevard, from GR General Rural to CR-2 (MH)Single Family Residence Zone,and stated that the staff have no objections and that the Planning and Zoning Commission also recommends approval. Mr.Ruben Saldana,Jr.,2311 N. Delaware,Apache Junction,requested approval of the rezoning. Councilwoman Taylor asked i f one mobile home would be placed on the property. Mr.Saldana replied that one mobile home would be 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 application.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.491,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Baljo seconded the City Clerk Kathleen Connelly read as REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 2 OF 11 ORDINANCE NO.491,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-7-86 FROM GR GENERAL RURAL TO CR-2 (MH) SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.491,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. APPLICATION FOR PERSON TRANSFER OF A SERIES 9 LIQUOR LICENSE, LUCKY BOB'S LIQUORS public. Councilman Baljo seconded the Mayor Hill opened the hearing to the Mayor Hill asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Jimenez MOVED THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 9 LIQUOR LICENSE,SUBMITTED BY MR.JOHN KOZA FOR LUCKY BOB'S LIQUORS,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Baljo seconded the motion. Councilwoman Taylor asked i f there have been any police related problems with this establishment. Director of Public Safety Bill McDaniel replied that there have been no problems. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.486,ADULT BUSINESSES (RECONSIDERATION) ORDINANCE NO.486 BE RECONSIDERED. motion. VOTE:Unanimous The motion carried. Councilwoman Gardner MOVED THAT Councilman Baljo seconded the City Attorney David Alexander clarified that the Council i s reconsidering an ordinance that has been adopted and will soon take effect,so i t i s unnecessary to read this ordinance by title only again. REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 3 OF 11 Councilman Baljo MOVED THAT ORDINANCE NO.486 BE AMENDED TO BECOME EFFECTIVE OCTOBER 15,1986. motion. action was proper. Councilman Eidson seconded the Councilman Jimenez asked i f this Mr.Alexander stated that this i s appropriate as the ordinance has not yet become effective,and was not adopted with the emergency clause. VOTE:I n Favor:Councilman Jimenez,Councilman Baljo,Councilman Eidson, Councilwoman Taylor,Councilwoman Gardner,Mayor Hill Opposed:Vice Mayor Bakkedahl Vice Mayor Bakkedahl explained that he would stand by his previous vote on this ordinance,as no such land i s available within the city limits at this time. The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.86-12, SPECIAL ELECTION )City Clerk Kathleen Connelly explained that i n accordance with State Law the Council must adopt by resolution certain rules and regulations pertaining to the conduct of the special election,stipulating the actual date of the election,designating voting precincts and polling places,hours that the polls will be open, election officials,rate of pay,and the method of voting. Councilwoman Gardner MOVED THAT RESOLUTION NO.86-12,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,AUTHORIZING A SPECIAL ELECTION TO BE HELD ON MAY 13,1986;ESTABLISHING POLLING PLACES AND VOTING DISTRICTS;PROVIDING FOR THE RECORDATION OF THE ELECTORS'CHOICE; PROVIDING FOR ELECTION OFFICIALS;AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT OF ELECTION OFFICIALS ) )Ms Connelly stated that also i n compliance with State Law,Council must appoint election officials for the May 13th Special Election. Councilwoman Gardner MOVED THAT THE ELECTION BOARD OFFICIALS BE APPOINTED AS RECOMMENDED BY THE CITY CLERK WITH THE FOLLOWING CHANGES: THAT BETTY KITZMAN,MARGARET CARLIN,CLARA LOCKWOOD AND LOUISE HONOR BE APPOINTED JUDGES IN PRECINCT 22A AND 22B. (City Clerk's recommendations were as follows with changes): PINAL COUNTY PRECINCTS 22A AND 22B AND MARICOPA PRECINCT APACHE: REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 4 OF 11 INSPECTOR -SUE VERLEY JUDGE -BETTY KITZMAN JUDGE -MARGARET CARLIN JUDGE -CLARA LOCKWOOD JUDGE -LOUISE HONOR ALTERNATE -FLORA DOW WHISLER PINAL COUNTY PRECINCTS 22C AND 22 F: INSPECTOR -JENNIE K.BENNETT JUDGE -PHYLLIS VITTORI JUDGE -CORA BLATTEERSPIEL JUDGE -MARTHA WEICHERS JUDGE -FLORENCE GRANSKY ALTERNATE -MARGARET LACARIO PINAL COUNTY PRECINCTS 22D AND 22E: INSPECTOR -JAN HILLER JUDGE -ELVA K.DAVIES JUDGE -DOROTHY SEED ALTERNATE -DOROTHY SANCHEZ MARSHAL -JERRY MICHAELS CLERK -ELEANOR ARITTA CLERK -GERALDINE GIBBONS CLERK -HELEN HALAS CLERK -PATRICIA OLTMAN MARSHAL -FRANK BLATTERSPIEL CLERK -SHIRLEY ERICKSON CLERK -MARION ZIEBA CLERK -ANGELINA HOBBS CLERK -SUSAN BOSELL MARSHAL -ERNEST PERKINS CLERK -MARGERY WILSON CLERK -JANE VIELEHR ABSENTEE ELECTION BOARD (FOR ALL PRECINCTS): INSPECTOR -LOIS DOWNEY JUDGE -LOWELL DOWNEY ALTERNATE -LISA MARIE WILSON motion. VOTE:Unanimous The motion carried. JUDGE -BERNICE MOLDER Councilman Jimenez seconded the PROPOSED RESOLUTION NO.86-13, BUSINESS LICENSE FOR ADULT BUSINESS ) )Councilman Jimenez MOVED THAT RESOLUTION NO.86-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,PLACING RESTRICTIONS ON THE ISSUANCE OF BUSINESS LICENSES FOR A PERIOD OF SIX (6) MONTHS,BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. Councilman Eidson explained that the purpose of this resolution i s to wait for Supreme Court decision on this issue prior to regulating these types of businesses. Councilman Jimenez felt that this should be studied more thoroughly and the City should have confirmation that there i s a right to put this type of law into effect. Councilman Baljo stated that a law should not be passed that i s susceptible to lawsuit. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.86-02, AB -85-11,CORRECTION OF ABANDONMENT ) )Director of Public Work Rich Broman explained that this i s a request for the abandonment of Stagecoach Road and Solano Road from 18th Avenue to 20th Avenue;Acacia Road from 18th Avenue to REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 5 OF 11 north of the easterly Highway 60 right-of-way line;and south of the westerly right-of-way line of Highway 60 to 22nd Avenue;20th Avenue from Cortez Road to Starr Road,and stated that the Development Coordinating Committee has no objections to this abandonment. Councilman Eidson asked who i s notified of the abandonment. Mr.Broman replied that the adjacent property owners are notified. Mr.Dan Rafferty,10638 E.Boulder Drive,Apache Junction,representing applicants,requested approval of the abandonment. Councilman Baljo MOVED THAT RESOLUTION NO.86-02,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 20TH AVENUE FROM STARR ROAD TO CORTEZ ROAD AND STAGECOACH ROAD FROM 18TH AVENUE TO 20TH AVENUE AND ACACIA ROAD FROM 18TH AVENUE TO 22ND AVENUE AND SOLANA ROAD FROM 18TH AVENUE AS DESCRIBED IN STREET ABANDONMENT CASE AB -85-11,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. Councilwoman Gardner expressed a wish to wait on this abandonment for the completion of the General Plan,i n order to ascertain how this area would be developed i n the future. Councilwoman Taylor stated that this area would have to be zoned commercial i n the General Plan and there appears to be a need for the abandonment. Councilman Jimenez objected to abandonment of this area without a developers site plan. Councilman Baljo explained that since i t could not be expected to pave a mirade of streets i n this area,i t i s prudent to abandon the unnecessary streets. VOTE:I n Favor:Councilwoman Taylor,Councilman Baljo,Councilman Eidson, Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilwoman Gardner,Councilman Jimenez The motion carried. PROPOSED RESOLUTION NO.86-10, AB -85-13, )Mr.Broman stated that this i s a request for the abandonment of 9th Avenue from Wickiup Road to Bowman Road, and that the Development Coordinating Committee recommends approval of the abandonment. Ms Leslie Lindenmuth,929 S. Wickiup,Apache Junction,requested approval of the abandonment. Councilman Baljo MOVED THAT RESOLUTION NO.86-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT AND DEDICATED PUBLIC RIGHT-OF-WAY ON 9TH AVENUE BETWEEN WICKIUP ROAD AND BOWMAN ROAD AS DESCRIBED IN STREET ABANDONMENT CASE AB -85-13,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY EXTINGUISHED AND VACATED AS PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 6 OF 11 Councilwoman Taylor seconded the motion. Councilman Jimenez stated that the City may need this street i n the future and i t should not be abandoned. Councilman Baljo stated that many of these streets and rights -of -way will be abandoned,due to actions taken prior to the incorporation of the City. VOTE:I n Favor:Councilman Eidson,Councilwoman Taylor,Councilman Baljo, Councilwoman Gardner,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Jimenez The motion carried. PROPOSED RESOLUTION NO.86-11, AB -86-02,BOSSE AND JONES )Mr.Broman explained that this i s a request for the abandonment of Wagonwheel Road from 6th Avenue to 7th Avenue,and stated that the Development Coordinating Committee expressed no objection to this proposed abandonment. Councilwoman Taylor MOVED THAT RESOLUTION NO.86-11,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 WAGONWHEEL ROAD BETWEEN 6TH AVENUE AND 7TH AVENUE DESCRIBED IN STREET ABANDONMENT CASE AB -86-02,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 APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.86-03, AB -85-14,CORRECTION )Mr.Braman explained that this abandonment was approved i n January,and minor discrepancies have been discovered including calculations to the amended plat,which have been corrected and are reflected i n this amended resolution,and coincides with the amended plat which i s the next item on the agenda. Councilman Baljo MOVED THAT RESOLUTION NO.86-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A PORTION OF A CERTAIN FEDERALLY PATENTED EASEMENT AND DEDICATED PUBLIC RIGHT-OF-WAY ON CEDAR DRIVE BETWEEN WINDSONG AND CONCHO STREETS AS DESCRIBED IN STREET ABANDONMENT CASE AB -85-14,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND VACATED AS PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED AND ADOPTED AS CORRECTED. Councilwoman Taylor seconded the motion. By request,Mr.Broman clarified the discrepancies on the legal description. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 7 OF 11 APPROVAL OF FINAL PLAT, SD -8-83,ACOMA ESTATES ))Mr.Newcomer explained that the information on the replat does conform with the corrected abandonment,and recommended approval. Councilwoman Taylor MOVED THAT THE FINAL PLAT FOR ACOMA ESTATES,SD -8-83,BE APPROVED WITH THE FOLLOWING STIPULATION: THE APPLICANT PAY ALL RECORDING FEES. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. INTERGOVERNMENTAL AGREEMENT FOR TRAILER INSTALLATIONS ) )Councilwoman Taylor MOVED THAT THIS ITEM BE POSTPONED UNTIL THE REGULAR MEETING OF MAY 6,1986. motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO LIBRARY BOARD )) Councilman Baljo seconded the Councilwoman Gardner MOVED THAT THE RESIGNATION OF GARY DOAK FROM THE LIBRARY BOARD BE ACCEPTED WITH REGRET; AND THAT CATHERINE STERR BE APPOINTED TO FILL THE VACANCY,SAID TERM TO EXPIRE JUNE 30,1987. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. RESIGNATION AND APPOINTMENT TO ECONOMIC OPPORTUNITIES ACTION TEAM ) )Councilwoman Taylor MOVED THAT THE RESIGNATIONS OF BERNARD GALLENBECK,BOB DEBOW,WENDELL CLARKE,AND VARNUM IRVINE FROM THE ECONOMIC OPPORTUNITIES ACTION TEAM,BE ACCEPTED WITH REGRET; AND THAT JIM KWAK BE APPOINTED TO THE ECONOMIC OPPORTUNITIES ACTION TEAM, UTILITY SERVICES CATEGORY. motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 8 OF 11 ACTION ON COUNCIL/CITY MANAGER FORM OF GOVERNMENT )Councilman Baljo MOVED THAT THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA,PUBLICLY SUPPORT THE CITY MANAGER IN HIS DISCHARGE OF THE FOLLOWING DUTIES AND RESPONSIBILITIES AS OUTLINED IN CHAPTER 3 OF OUR CITY CODE: 1.THE DUTY TO HAVE SOLE AUTHORITY TO CONTROL,ORDER AND GIVE DIRECTIONS TO ALL HEADS OF DEPARTMENTS AND TO SUBORDINATE OFFICERS AND EMPLOYEES. 2.THE DUTY TO APPOINT,REMOVE,PROMOTE,AND DEMOTE ANY AND ALL OFFICERS AND EMPLOYEES OF THE CITY,EXCEPT FOR THE MAGISTRATE, CITY ATTORNEY AND MEMBERS OF THE COUNCIL -APPOINTED BOARDS AND COMMISSIONS. Councilman Eidson seconded the motion. Councilman Eidson reiterated that this action i s to confirm to employees that i t i s the City Manager to whom they are answerable. Councilwoman Taylor requested that a copy of this action be provided to all City employees. Councilwoman Gardner stated that this i s a part of Chapter 3 of the City Code,and upon taking her Oath of Office,she swore to uphold that Code,making this action unnecessary. Councilman Baljo stated that this action i s a management tool and reminder. VOTE:I n Favor:Councilman Baljo,Councilman Eidson,Councilman Jimenez, Councilwoman Taylor,Vice Mayor Bakkedahl,Mayor Hill Abstained:Councilwoman Gardner The motion carried. AUTHORIZATION TO OFFER AN HMO HEALTH PLAN TO CITY EMPLOYEES )City Manager McNulty explained that i n accordance with Federal Law,the City i s required to offer a health maintenance organization policy to employees,and a plan has been submitted by FHP which i s similar to the preferred provider plan that i s presently offered,except that the rates are lower. Mr.Brian Casper,1866 S.Palmer, Mesa,Account Executive with FHP,gave a brief presentation on the health plan. Mr.McNulty stated that this i s being offered as an alternative,and will not be mandatory. Vice Mayor Bakkedahl MOVED THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO OFFER AN HMO HEALTH PLAN TO CITY EMPLOYEES. motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 9 OF 11 EXECUTIVE SESSION,WORK SESSION, MAY 5,1986 EXECUTIVE SESSION,WORK SESSION, MAY 6,1986, SPECIAL EXECUTIVE SESSION ) )Mayor Hill MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MAY 5,1986, IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON MAY 6,1986,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL EXECUTIVE SESSION BE HELD AT 7:00 P.M.ON APRIL 22,1986, AT THE CITY HALL COMPLEX. 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 and expressed hopes that more youth programs can be developed. Vice Mayor Bakkedahl stated that he would be attending the East Valley Partnership meeting i n May. Mr.McNulty informed the Council that the ADOT Transportation Board will be conducting hearings on the construction program,and i t may be beneficial for a city representative be present. Councilman Baljo nominated Councilwoman Taylor to the City Transportation Board. Mayor Hill appointed Councilwoman Taylor to the City of Apache Junction Transportation Board. REQUESTS OF COUNCIL Mayor Hill requested that the Council and staff publicize the upcoming Special Election. ADJOURNMENT ) )Councilman Eidson MOVED THAT THE MEETING BE ADJOURNED AT 9:05 P.M. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. *CONSENT AGENDA ITEMS ARE AS FOLLOWS: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of April 1,1986 REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 10 OF 11 ACCEPTED THIS 6TH DAY OF MAY ,1986,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Norman S.Hill Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 15,1986 PAGE 11 OF 11