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
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