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HomeMy WebLinkAbout1986-05-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 20,1986 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 20,1986,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 7:15 p.m. INVOCATION Councilwoman Taylor gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilwoman Taylor,Councilman Baljo,Councilwoman Gardner, Councilman Jimenez,Vice Mayor Bakkedahl,Mayor Hill Councilman Absent:Councilman Eidson (on vacation) Staff Present: Others Present: City Manager Michael J.McNulty City Clerk Kathleen Connelly Deputy City Clerk Lori Clark City Attorney David Alexander Controller Keith Lewis Director of Planning Chuck Newcomer Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Superintendent of Community Services Jeff Bell Economic Development Specialist John Schoeph Director of Library Pam Loui Building Official Charles Coleman Mr.John Orogood, Traffic Engineer,Maricopa County President,Amercian Public Work Association Mr.Gil Verley 620 S.Palo Verde Apache Junction,AZ 85220 Mr.Robert E.Eck,Jr. 1325 N.Warner Apache Junction,AZ 85220 Mr.Bob Perrault 2237 W.Foothill Apache Junction,AZ 85220 Ms Dorothy Houser 1980 W.Shiprock Apache Junction,AZ 85220 Ms Betty Porter 235 S.Idaho Apache Junction,AZ 85219 Mr.Larry Savage 2497 W.Shiprock Apache Junction,AZ 85220 Mr.Greg Meyers 2415 W.Shiprock Apache Junction,AZ 85220 Mr.John McGuff 2692 W.Manzanita Apache Junction,AZ 85220 Mr.Melvin Worsley 1338 N.Desert View Drive Apache Junction,AZ 85220 Ms Betty Porter 1835 S.Idaho Apache Junction,AZ 85220 Ms Glenna Traylor 482 N.Tomahawk Apache Junction,AZ 85219 Ms Lynette Mewhorter 1378 E.Scenic Apache Junction,AZ 85219 Mr.Roy Johnson Ms Sandi Smith ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1 AND 2 BE ACCEPTED AS PRESENTED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill acknowledged past mayor Wendell Clarke,past Chamber of Commerce president Sandie Smith,and all the public present. AWARDS,PRESENTATIONS AND COMMUNICATIONS Director of Public Works Rich Broman announced that the award for "Outstanding Public Works Employee of the Year"has been awarded to Operations Supervisor Doug Dobson. Mr.John Orogood,Traffic Engineer with Maricopa County and the President of the American Public Works Association,presented Mr.Dobson with that award,and explained the procedure for choosing the employee to receive this honor. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 2 OF 11 Operations Supervisor Doug Dobson stated that he wished to share the award with all the employees i n the Operations Division,the Director of Public Works,and the City Manager,and expressed appreciation for the City Council's support. CITY MANAGER'S REPORT None. CALL TO THE PUBLIC Mr.Gil Verley,620 S.Palo Verde Drive,Apache Junction,addressed the Council regarding the archeological investigations on the BLM lands, abandoned automobiles,research done by the city attorney,trash disposal pick-ups,postponing rezoning cases,and congratulated the city on cleaning up alleys. PUBLIC HEARINGS PROPOSED ORDINANCE NO.494, PZ-9-86,ECK AND SANCHEZ the public. Mayor Hill opened the hearing to Director of Planning Chuck Newcomer briefed the Council on the request for the rezoning of a 1.25 acre parcel, located on the northeast corner of Roundup and Grand Drive,from GR General Rural to CR-2(MH)Single Family Residence Zone,and stated that the staff recommends approval with stipulations that are contained i n the ordinance, and that the Planning and Zoning also recommends approval. Mr.Robert E.Eck,Jr.,1325 N. Warner,Apache Junction,requested approval of the rezoning. 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 Jimenez MOVED THAT ORDINANCE NO.494,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.494,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-9-86 FROM GR GENERAL RURAL TO CR-2(MH) SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.494,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Jimenez seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 3 OF 11 VOTE:I n Favor:Councilman Baljo,Councilman Jimenez,Councilwoman Taylor, Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilwoman Gardner The motion carried. PROPOSED ORDINANCE NO.500, PZ-8-86,PERRAULT ) )Mr.Newcomer briefed the Council on the request for rezoning of a 1.50 acre parcel,located on the wet side of North Main Drive between West Shiprock Street and West Tepee Street,from GR General Rural to CR-2(MH)Single Family Residence Zone,and stated that the Planning and Zoning Commission recommends denial due to the applicants stated intention to divide this lot without subdivision requirements,which would not be i n the best interest of the city.Mr.Newcomer added that protests have been filed against this application,which causes a requirement of a three-quarter vote of the Council for passage. Apache Junction,requested approval of the option of postponement until Mr.Bob Perrault,2237 W.Foothill, of the rezoning. Mayor Hill informed the applicant a full Council i s present. Mr.Perrault expressed the opinion that the reason for the denial recommendation was the fact that the property would be split i n five lots,but would only be sold i n three lots. Councilman Jimenez wished to know i f the property could legally be split into five lots. Mr.Perrault stated that this was a use of words,and could not be sold i n five lots,due to the subdivision regulations. City Attorney David Alexander stated that i f there i s a demonstrated intent to make more than three parcels,the city would not prosecute,but the state might. this have Vice Mayor Bakkedahl commented that i s a case where the previously discussed "land split"ordinance would come into effect. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning. Apache Junction,addressed the Council Apache Junction,addressed the Council opposition,stating that he three lots. be done. Ms Dorothy Houser,1980 W.Shiprock, i n opposition to the application. Ms Betty Porter,235 S.Idaho, i n opposition to the rezoning. Mayor Hill called for rebuttal. Mr.Perrault rebutted the would agree to partitioning the property into Councilman Baljo asked i f this could City Attorney Alexander replied that a variance could not be granted i n this manner,as the situation would be self-imposed. Council be given more time to Councilman Baljo requested that the study this. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 4 OF 11 Mr.Perrault agreed to a continuance. Councilman Baljo MOVED THAT PROPOSED ORDINANCE NO.500 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF JUNE 3,1986. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.501,P7-11-86, SAVAGE,HARE,AND WOODFORD ) )Mr.Newcomer stated that this i s a request for rezoning of three combined parcels of 3.44 acres,located on the south side of West Shiprock Street between North Desert View Drive and North Delaware,from GR General Rural to CR-2(MH)Single Family Residence Zone, and further stated that the Planning and Zoning Commission recommends denial of the application,due to lack of access to the properties. Mr.Larry Savage,2497 W.Shiprock, Apache Junction,requested approval of the rezoning. Mr.Greg Meyers,2415 W.Shiprock, Apache Junction,stated that the rezoning i s the property owners recourse and that Manzanita Street cannot be put through. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning. Mr.Melvin Worsley,1338 N.Desert View Drive,Apache Junction,stated that he had dedicated the right-of-way for the purpose of putting Manzanita Street through,and i f this rezoning was approved,the dedication would be for nothing. Mr.John McGuff,2692 W.Manzanita, Apache Junction,spoke i n opposition to the rezoning. Mr.Daniel Ruby,also spoke i n opposition to the application. Mayor Hill asked i f there was any rebuttal.There being none,Mayor Hill closed the hearing to the public. Councilwoman Taylor MOVED THAT PROPOSED ORDINANCE NO.501,PZ-11-86,BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF JUNE 3,1986. Councilman Baljo seconded the motion. Councilman Jimenez addressed the "land split"ordinance,which had been discussed several months ago. Councilman Baljo stated that the street alignments i n the city are a problem,and should be looked into i n detail. Mayor Hill stated that the city created the problem with Manzanita Street,and this problem will be solved i n the very near future VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 5 OF 11 PROPOSED ORDINANCE NO.502, PZ-12-86,PORTER ) )Mr.Newcomer stated this is a request for rezoning of a 1.09 acre parcel,located on the east side of South Idaho Road approximately 660 feet south of East 16th Avenue,from Cr General Rural to CR-2(MH)Single Family Residence,and further stated that the Planning and Zoning Commission recommends approval of the rezoning with stipulations. Ms Betty Porter,1835 S.Idaho, Apache Junction,requested approval of the application. 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. Councilwoman Gardner MOVED THAT ORDINANCE NO.502,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.502,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-12-86,FROM GR GENERAL RURAL TO CR-2(MH) SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner MOVED THAT ORDINANCE NO.502,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.505, PZ-14-86,JOHNSON AND FORD ) )Mr.Newcomer briefed the Council on the request for rezoning of two combined parcels of 3 3/4 acres,located on the west side of North Tomahawk Road between East Scenic Street and East Superstition Boulevard,from GR General Rural to CR-2(MH)Single Family Residence Zone.Mr.Newcomer stated that at the Planning and Zoning Commission hearing,the applicant verbally requested a change to CR-1(MH), and further stated that the Planning and Zoning Commission recommends approval of the rezoning to CR-1 with stipulations,and that as protest petitions have been submitted,a three-quarter vote of the City Council is required for passage. Mr.Bob Perrault,2237 W.Foothill, Apache Junction,addressed the reasons for the rezoning and requested approval. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 6 OF 11 Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the application. Ms Glenna Traylor,482 N.Tomahawk, Apache Junction,adjacent property owner,addressed the Council in opposition to the application. Ms Lynette Mewhorter,1378 E. Scenic,Apache Junction,expressed opposition to the rezoning,stating that this is not an appropriate area for a mobile home park. Mayor Hill called for rebuttal. Mr.Perrault replied to the oppositions,and further stated that this proposal calls for the correct density for the zoning in this area. Ms Mewhorter rebutted Mr.Perrault's statement. Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.505,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Jimenez seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.505,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 DISTRICT CLASSIFICATION IN REZONING CASE PZ-14-86 FROM GR GENERAL RURAL TO CR-1 (MH) SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner MOVED THAT ORDINANCE NO.505,AS READ BY THE CITY CLERK,BE DENIED. Councilman Jimenez seconded the motion. Councilman Baljo stated that the property cannot be used in the future for any other than the present proposal,and asked what was the required vote. City Attorney Alexander explained that a simple majority would pass the motion for denial,but a three-quarter vote was required for approval,due to protest petitions. Vice Mayor Bakkedahl asked i f the applicant was aware that he may request postponement until the full Council was in session. Councilwoman Gardner withdrew the motion for denial,and Councilman Jimenez withdrew the second to the motion. Councilman Baljo MOVED THAT ORDINANCE NO.505,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 7 OF 11 Councilwoman Taylor seconded the motion. Councilman Baljo withdrew the motion,and Councilwoman Taylor withdrew the second. Mayor Hill asked the applicant i f he wished to have the application postponed. Mr.Perrault replied that he would. Councilman Baljo MOVED THAT PROPOSED ORDINANCE NO.505,BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF JUNE 3,1986. Councilwoman Taylor seconded the motion. VOTE:I n Favor:Councilwoman Gardner,Councilwoman Taylor, Councilman Baljo,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Jimenez The motion carried. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting at 9:20 p.m. Councilwoman Gardner MOVED THAT PROPOSED ORDINANCE NO.500,PZ-8-86,BE RECONSIDERED AND THAT THE REZONING CASE BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF JUNE 17,1986. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS AWARD OF BID FOR ARCHEOLOGICAL INVESTIGATIONS (Postponed Item)) )City Manager Michael J.McNulty recommended to the Council that all three bids for archeological investigation of the BLM lands be rejected,and that he be authorized to draft an RFP with BLM. Councilman Baljo MOVED THAT ALL THREE BIDS FOR THE ARCHEOLOGICAL INVESTIGATIONS OF THE BLM LANDS BE REJECTED; AND THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO DRAFT AN RFP WITH BLM. Councilwoman Taylor seconded the motion. VOTE:I n Favor:Councilwoman Gardner,Councilman Baljo,Councilman Jimenez Councilwoman Taylor,Mayor Hill Abstained:Vice Mayor Bakkedahl (due to conflict of interest) The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 8 OF 11 BUREAU OF LAND MANAGEMENT SUBLEASE AGREEMENT )Mr.McNulty explained that a proposed sublease agreement with the Apache Junction Area Community Foundation has been submitted for Council consideration. Councilman Jimenez MOVED THAT THE SUBLEASE AGREEMENT FOR 10 ACRES OF BLM LAND BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION AREA COMMUNITY FOUNDATION BE APPROVED. Councilwoman Gardner seconded the motion. Mr.Alexander stated that all revisions requested by the Foundation were incorporated into the agreement. Mr.McNulty also stated that the agreement would have to be ratified by the Community Foundation prior to i t taking effect. Vice Mayor Bakkedahl asked about a "buffer"park. Mr.McNulty explained that should i t be determined by the Foundation i n the future,that all 10 acres will not be necessary,the lease could be renegotiated so that the city could reclaim a portion to allow for a park should the council choose to do so. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.86-15, APPLICATION FOR LOTTERY FUNDS )Mr.McNulty stated that this i s an application to the Department of Transportation for its share of the Local Transportation Assistance Funds,or lottery proceeds,and the Council has the option of budgeting up to 10 percent of these lottery funds for cultural,educational,historical recreational or scientific facilities or programs,once the funds reach a 23 million dollar trigger.Mr.McNulty explained that i f this option i s not chosen at this time,the city cannot devote any of these funds for these endeavors. Mr.Roy Johnson addressed the Council,requesting that this option be chosen,and stated that i t i s an enabling resolution,not a commitment. Ms Sandi Smith also addressed the Council,urging the decision to enable these funds to be available for cultural and educational programs i n the future. Councilman Baljo MOVED THAT RESOLUTION NO.86-15,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 1102,ARIZONA REVISED STATUTES,BE APPROVE AND ADOPTED; TO INCLUDE UP TO 10%OF THE LOCAL TRANSPORTATION ASSISTANCE FUNDS MAY BE USED FOR CULTURAL,EDUCATIONAL, HISTORICAL,RECREATIONAL,OR SCIENTIFIC FACILITIES OR PROGRAMS,MEETING ALL CONDITIONS OUTLINED IN RESOLUTION NO.86-15. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 9 OF 11 The motion carried. EXECUTIVE SESSION,WORK SESSION, JUNE 2,1986, EXECUTIVE SESSION,WORK SESSION, JUNE 3,1986 )Councilman Baljo MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JUNE 2,1986,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JUNE 3,1986,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Jimenez seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Gardner announced an upcoming Chamber of Commerce meeting on the beautification of the city. REQUESTS OF COUNCIL Mayor Hill requested that a Council meeting be held specifically for the issue of Manzanita Street discussed earlier. ADJOURNMENT )Councilman Baljo MOVED THAT THE MEETING BE ADJOURNED AT 9:40 P.M. Councilwoman Gardner 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 Regular Meeting of May 6,1986 ACCEPTED THIS 3RD DAY OF JUNE ,1986,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Norman S.Hill Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 10 OF 11 ATTEST: 2 4 4 - 4 4 % ;61-74 - 4 Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 20,1986 PAGE 11 OF 11