Loading...
HomeMy WebLinkAbout1987-02-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 3,1987 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 3,1987,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. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Baljo led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Baljo Councilman Eidson Councilman Burgess Councilwoman Taylor Councilwoman Gardner Vice Mayor Bakkedahl Mayor Hill City Manager Bill Da Vee City Clerk Kathleen Connelly Controller Keith Lewis Director of Planning Chuck Newcomer Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell City Attorney David Alexander Deputy City Clerk Lori Clark Economic Development Specialist John Schoeph Building Official Charles Coleman Mr.Jim Shaller 4846 N.32nd Place Phoenix,AZ Mr.Maurice Judah Executive Director Homeowners Viewpoint Association Mr.Ray Reese 5405 E.Apache Trail (Hwy 88) Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Bakkedahl MOVED THAT CONSENT AGENDA ITEMS BE APPROVED AS PRESENTED,EXCEPT THAT ITEM NO.5,6,AND 7 BE POSTPONED UNTIL THE REGULAR MEETING OF FEBRUARY 17,1987,AND THAT ITEM NO. 8,PZ-46-86 AND PZ-47-86 BE POSTPONED UNTIL FEBRUARY 17TH,AND THAT ITEM NO.10 OF THE REGULAR AGENDA BE MOVED TO BE THE FIRST PUBLIC HEARING. Councilwoman Taylor seconded the motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 1 Councilman Baljo amended the motion: THAT PZ-46-86 BE POSTPONED TO APRIL 7TH AND PZ-47-86 BE POSTPONED TO MARCH 17TH. Vice Mayor Bakkedahl seconded the amendment to the motion. VOTE (on the amendment):Unanimous VOTE (on the motion as amended):Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill recognized State Representative Roy Hudson,former councilmember Tom Damiano,and former mayor Wendell Clarke. AWARDS,PRESENTATIONS AND COMMUNICATIONS Vice Mayor Bakkedahl read the Proclamation for "Arizona's Diamond Jubilee". CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Bill Da Vee reported on the progress with personnel and stated that much time has been spent on the disposal of hazardous waste materials in the County,and also reported on meetings with CAAG the Economic Opportunity Action Team,and the Transportation Board. PUBLIC HEARINGS APPLICATION FOR BEER AND WINE STORE LIQUOR LICENSE,CIRCLE K CONVENIENCE STORES,INC.,STORE #PH113 )Mr.Jim Shaller,4846 N.32nd Place, Phoenix,representing the Circle K Convenience Stores,requested a continuance of the application to the next regular meeting of February 17th. Councilman Eidson stated that a continuance would not change his opinion that this license should not be granted,due to the close proximity to the school. Councilman Eidson MOVED THAT THE APPLICATION FOR A BEER AND WINE STORE LIQUOR LICENSE,SUBMITTED BY MR.GEHL P. BABINEC,AGENT FOR CIRCLE K CONVENIENCE STORE #PH113,BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Gardner seconded the motion. City Attorney David Alexander suggested a motion to accept or deny the applicant's request for continuance, prior to considering the application,as a public hearing must be held prior to taking action. Councilwoman Taylor asked why Circle K wishes to continue this application. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 2 Mr.Shaller explained that there are some concerns within the Corporation as to whether this site is appropriate for a convenience store,and they would like to pursue this before consideration of the application. Vice Mayor Bakkedahl MOVED THAT THE APPLICATION FOR A BEER AND WINE STORE LIQUOR LICENSE SUBMITTED BY MR.GEHL P. BABINCE AGENT FOR CIRCLE K CONVENIENCE STORE #PH113,BE RECOMMENDED FOR CONTINUANCE UNTIL THE NEXT REGULAR MEETING OF FEBRUARY 17,1987. Councilwoman Taylor seconded the motion. Vice Mayor Bakkedahl stated that the courtesy should be extended to the applicant,to allow them time to research the feasibility of the project. VOTE:Unanimous The motion carried. Councilman Eidson and Councilwoman Gardner withdrew the previously made motion and second. APPLICATION FOR SMALL GAME BINGO LICENSE,DESERT HOLIDAY R.V.PARK )Mayor Hill 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 Hill closed the hearing to the public. Councilman Baljo MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE SUBMITTED BY MR.GERALD CUNNING AGENT FOR DESERT HOLIDAY R.V.PARK,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Vice Mayor Bakkedahl seconded the motion. City Clerk Kathleen Connelly replied to a previous question of Councilwoman Taylor,that the fee for a Small Game Bingo License is $5.00 to the City and $5.00 to the Department of Revenue,and that this particular application is completed correctly. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED RESOLUTION NO.86-47,ADOPTING POLICY FOR RETIRING COUNCIL MEMBER PARTICIPATION IN GROUP HEALTH INSURANCE COVERAGE )Councilman Eidson MOVED THAT PROPOSED RESOLUTION NO.86-47,BE POSTPONED UNTIL THE REGULAR MEETING OF APRIL 7,1987. motion. VOTE:Unanimous The motion carried. Councilwoman Taylor seconded the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 3 NEW BUSINESS PROPOSED RESOLUTION NO.87-06,SUPPORTING AND ENDORSING THE "KIDS INSIST DRUGS STOP" ANTI -DRUG CAMPAIGN ) )Councilman Eidson stated that this is a resolution in support of the "Kids Insist Drugs Stop"anti -drug campaign initiated by the students of Gold Canyon Elementary School. City Clerk Kathleen Connelly read the entire resolution into the record. Councilman Eidson MOVED THAT RESOLUTION NO.87-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUPPORTING AND ENDORSING THE "KIDS INSIST DRUGS STOP" (KIDS)ANTI -DRUG CAMPAIGN SPONSORED BY THE STUDENTS,FACULTY AND STAFF OF GOLD CANYON ELEMENTARY SCHOOL,BE APPROVED ADOPTED. Councilman Baljo and Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. Councilman Eidson asked that a copy of this resolution be sent to the School. Dr.Barry Sutter,Principle of Gold Canyon Elementary School,addressed the Council further outlining the K.I.D.S.program. PROPOSED RESOLUTION NO.87-07,PROTESTING THE ENDANGERMENT OF THE PUBLIC HEALTH, SAFETY AND WELFARE CAUSED BY THE DUMPING OF CONTAMINATED SOILS ) )Councilman Baljo MOVED THAT RESOLUTION NO.87-07,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PROTESTING THE ENDANGERMENT OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE CAUSED BY THE DUMPING OF CONTAMINATED SOILS BY METAL REFINERS LIMITED,OF MESA AS AUTHORIZED BY THE ARIZONA DEPARTMENT OF HEALTH SERVICES,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. City Clerk Kathleen Connelly read the entire resolution into the record. Mr.Maurice Judah,Executive Director of Homeowners Viewpoint Association,addressed the Council giving the background and updating the Council on the present situation with the dumping of contaminated soils in Pinal County. The City Council agreed to allow Mr.Reese to speak. Mr.Ray Reese,5405 E.Apache Trail (Highway 88),Apache Junction,explained that this dumping occured in his front yard,and that he had witnessed this dumping of contaminated soils. City Manager Bill Da Vee stated that samples for testing have been forwarded to a laboratory,with the request of a total metal and toxicidy analysis of the soil,and the City Engineer is making a preliminary observation based on studies performed previously by the City. Councilman Baljo requested a distribution of pertinent information on this matter to at least 22 appropriate REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 4 officials,and even though this is occuring outside the City limits,i t could possibly affect the citizens of Apache Junction in the future. VOTE:Unanimous The motion carried. CLAIM AGAINST THE CITY SUBMITTED BY MR.C.T.PARKS ) )City Attorney David Alexander stated that one claim submitted was considered and rejected at the last Council meeting,and Mr.C.T.Parks has made a second claim against the City,stating that his property was affected due to electricity being shut off even though the City did not do this.Mr.Alexander recommended rejecting this claim. Councilwoman Gardner MOVED THAT THE CLAIM AGAINST THE CITY,SUBMITTED BY MR.C.T.PARKS,BE REJECTED. Councilman Baljo seconded the motion. Councilman Eidson commented on the mention of his name in the second claim. VOTE:Unanimous The motion carried. DIRECTION TO CITY ATTORNEY ON ALLEGED VIOLATIONS OF SUBDIVISION REGULATIONS ) )City Attorney David Alexander stated that there are differing opinions on the direction to be given,and requested direction from the Council on alleged violations of subdivision regulations. Councilman Baljo MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO THE CITY ATTORNEY ON ALLEGED VIOLATIONS OF SUBDIVISION REGULATIONS: 1.REFRAIN FROM FURTHER LITIGATION IN THIS MATTER.2.LIFT RESTRICTIONS ON THE ISSUE OF PERMITS FOR THIS AREA.3.REQUEST IMPROVEMENT OF INTERIOR STREETS. Councilman Eidson seconded the motion. Councilman Baljo addressed the issue. Councilman Burgess asked for clarification on "improvements of interior streets". Councilman Baljo replied that the property owner should insure that there are sufficient and safe interior streets for their benefit. Vice Mayor Bakkedahl stated that all those cases having alleged violations of subdivision regulations should be investigated,not just one case,but the issue should not be ignored. Councilman Eidson stated that the Attorney General and the State Real Estate Department have been contacted,and have refused to take action. Vice Mayor Bakkedahl stated that the City could prosecute under the City Subdivision Regulations,and that the motion except for part two,is not acceptable. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 5 Councilwoman Taylor stated that many of the people starting these subdivisions are gone,so who would the City prosecute. Mr.Alexander stated that some permits have.been issued to make improvements on lots owned by the permit applicants,and that the City can stop development on undeveloped lots. Mr.Alexander stated that his position has been to not issue permits,preventing the situation from becoming worse,but the property owners should be allowed to utilize their lots,and this is the reason for requesting direction. Councilman Baljo stated that to pursue this litigation would not benefit the City at this time,due to not having a refined ordinance to enforce. Mr.Alexander stated that the definition of a subdivision is that when you piece the two easements off of two parcels of land and have a road that services more than two parcels of land. VOTE:In Favor:Councilman Burgess,Councilwoman Taylor,Councilman Baljo, Councilman Eidson,Mayor Hill Opposed:Councilwoman Gardner,Vice Mayor Bakkedahl The motion carried. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting at 8:33 p.m. SUPERSTITION FREEWAY LANDSCAPING )Mr.Mike Hill,representing Haws and Associates,613 S.Mesa Drive,Mesa,outlined the landscape architecture proposed for the Superstition Freeway,stating that one factor to be considered should be water cost to maintain the landscaping. Councilwoman Gardner asked i f Saguaro cactus could be part of the landscaping. Councilman Baljo stated that the design should be something Apache Junction could be proud of. Vice Mayor Bakkedahl asked what the water cost on a per mile basis is for the Val Vista area of the Freeway. Mr.Hill replied that each section requires from 10 to 12 million gallons of water per year,at the current rate of $1.89 per thousand gallon,i t would cost the City from $19,000 to $22,000 per year per mile. Vice Mayor Bakkedahl commented that the City also has to live with Pinal County's choice for landscaping. Mr.Hill stated that the issue is what the City and County can afford in water costs for maintenance. Councilman Baljo MOVED THAT THE COUNCIL ACTION OF DECEMBER 2,1986,BE RESCINDED,AND OPTION 3 FOR LANDSCAPING THE SUPERSTITION FREEWAY IN THE APACHE JUNCTION AREAS,BE APPROVED. motion. motion: Councilman Eidson seconded the Vice Mayor Bakkedahl amended the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 6 THAT THE EXPENDITURE IS AT AN APPROXIMATE COST OF $18,000 PER YEAR PER MILE. Councilwoman Gardner seconded the amendment to the motion. VOTE (on the amendment):Unanimous VOTE (on the motion as amended):Unanimous The motion carried. PROPOSED RESOLUTION NO.87-03, RETENTION OF U.S.60 WESTBOUND LANES WITH CONSTRUCTION OF SUPERSTITION FREEWAY PROPOSED RESOLUTION NO.87-04,FREEWAY CONSTRUCTION PHASING AND IRONWOOD DRIVE IMPROVEMENTS PROPOSED RESOLUTION NO.87-05, SR 88 CORRIDOR STUDY )Director of Public Works Rich Broman stated that the three proposed resolutions are proposed by the City Transportation Board,for retention of the U.S.60 westbound lanes with the construction of the Superstition Freeway,and pertaining to freeway construction phasing and Ironwood Drive improvements,which has been amended to delete construction phasing and now only makes improvements to Ironwood Drive per Council request,and a State Route 88 Corridor study. Councilman Baljo MOVED THAT RESOLUTION NO.87-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO RETAIN THE WESTBOUND LANES OF STATE ROUTE 60 WITH THE CONSTRUCTION OF THE SUPERSTITION FREEWAY IN THE VICINITY BETWEEN THE FREEWAY AND GOLDFIELD ROAD,BE APPROVED AND ADOPTED. AND THAT RESOLUTION NO.87-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR IMPROVEMENTS TO IRONWOOD DRIVE,IN CONJUNCTION WITH THE EXTENSION OF THE SUPERSTITION FREEWAY AND CONSTRUCTION PHASING,BE APPROVED AND ADOPTED. AND THAT RESOLUTION NO.87-05,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO CONSIDER A FUTURE ALIGNMENT OF STATE ROUTE 88 IN THE VICINITY OF GOLDFIELD ROAD,WITH NO INTERRUPTION OF U.S.88 AT GOLDFIELD,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. III CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS TRANSPORTATION IMPROVEMENT PROGRAM (C.A.A.G.-T.I.P.)) )Mr.Broman explained that the C.A.A.G.-T.I.P.Committee has requested members from Pinal County to develop a five-year street improvement program for the expenditure of the i t sales tax revenues,and the Council has been presented with a list of projects approved by the Transportation Board. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 7 Councilwoman Gardner MOVED THAT THE FIVE-YEAR STREET IMPROVEMENT PROGRAM,TO BE SUBMITTED TO THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS TRANSPORTATION IMPROVEMENT PROGRAM,BE ACCEPTED AS PRESENTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. CANVASS OF VOTES FOR FEBRUARY 10TH RECALL ELECTION,FEBRUARY 17,1987 EXECUTIVE SESSION,WORK SESSION, FEBRUARY 17,1987 ) )Councilwoman Gardner MOVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON FEBRUARY 17,1987, IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL MEETING BE HELD AT 6:45 P.M.,ON FEBRUARY 17,1987,IN THE CITY COUNCIL CHAMBERS,FOR THE PURPOSE OF THE CANVASS OF VOTES FOR THE FEBRUARY 10TH RECALL ELECTION. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL Councilwoman Gardner stated that Mr.John Allanson requests that he be placed on the next agenda to give an update on the Community Foundations progress and activities. ADJOURNMENT ) )Councilwoman Gardner MOVED THAT THE MEETING BE AJDOURNED AT 9:23 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 Special Meeting of November 24,1986 *3.Acceptance of Minutes from the Special Meeting of November 25,1986 *4.Acceptance of Minutes from the Regular Meeting of January 20,1987 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 8 I I I *5.Planned Development Time Extension,PZ-12-79 (Ordinance No.56),Apache Village Apartments,located on east side of Grand Avenue,Approximately 250 feet south of Apache Trail. *6.Expiration of Planned Development,PZ-17-84 (Ordinance No.275),100 Lot Travel Trailer Resort at Lost Dutchman Boulevard and North Ironwood Drive *7.Request for Major Amendment to a Planned Development,PZ-6-81 and PZ-19-82, Roadhaven Resort ACCEPTED THIS 17TH DAY OF FEBRUARY ,1987,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. NORMAN S.HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk b..a....M )Vic.c. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1987 PAGE 9