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HomeMy WebLinkAbout1984-04-17 City Council Regular MinutesCITY COUNCIL MEETING REGULAR MEETING APRIL 17,1984 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 17,1984,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Shanks,Councilman Steelsmith,Councilman Damiano, Councilman Taylor,Vice Mayor Eidson,Mayor Clarke Councilman Absent:Councilman Hill (ill) Staff Present:City Manager Michael J.McNulty City Clerk Kathleen Connelly Controller Keith Lewis Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Associate Planner Jim Nakagawa Economic Development Specialist John Schoeph Operations Supervisor Doug Dobson City Attorney Davis Alexander Deputy City Clerk Lori Clark Others Present:Mr.Sabino Lozano Department of Economic Security Mr.Keith Stachar 6301 E.Roundup Apache Junction,Arizona 85220 Mr.Doyce Hubbard Hubbard Construction 453 N.Loma Vista Mesa,Arizona Mr.Dan Millett Millett Manor,Inc. 65 S.Mesa Drive Mesa,Arizona ACCEPTANCE OF AGENDA )Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE AGENDA BE ACCEPTED AS PRESENTED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF THE CONSENT AGENDA ) )Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A:PROPOSED ORDINANCE NO.254,PZ-2-84,APPLICATION BY DONNA L.AND ROBERT L.LOEWENSTEIN TO REZONE 17,000 AND 15,000 SQUARE FOOT PARCELS,LOCATED ON EAST SIDE OF IRONWOOD DRIVE,200 FEET AND 600 FEET SOUTH OF APACHE TRAILER IN SECTION 20, FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;B:PROPOSED ORDINANCE NO.256,PZ-3-84,APPLICATION BY DANIEL RAFFERTY THROUGH MIKE KOVACS TO REZONE 2.9 ACRE PARCEL,LOCATED ON NORTH SIDE OF HIGHWAY 88 AND ON SOUTH SIDE OF LOST DUTCHMAN BOULEVARD IN SECTION 15,FROM CR-1 SINGLE RESIDENCE TO CB -2 GENERAL BUSINESS ZONE;C:PROPOSED ORDINANCE NO.257,PZ-4-84, APPLICATION BY KENNETH RAGAN,STEVEN STAGNARO,AND NORMAN THOMPSON TO REZONE 7.78 ACRE PARCEL,LOCATED ON NORTH SIDE OF SOUTHERN AVENUE BETWEEN ACACIA AND STARR ROADS IN SECTION 27,FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;D:PROPOSED ORDINANCE NO.259,PZ-6-84,APPLICATION BY JERRY BURGESS TO REZONE 2.5 ACRE PARCEL,LOCATED ON NORTHWEST CORNER OF TEPEE STREET AND DESERT VIEW DRIVE IN SECTION 18,FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);AND E:ACCEPTANCE OF MINUTES FROM REGULAR AND SPECIAL MEETING OF APRIL 3,1984,BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors Councilman Steelsmith introduced his mother. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke read a Proclamation establishing April 28,1984 as Foster Care Parents Day,and presented i t to Mr.Sabino Lozano of the Department of Economic Security. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1984 PAGE 2 CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.247,PZ-53-83 STACHAR (First Reading) the public. Mayor Clarke opened the hearing to Associate Planner Jim Nakagawa briefed the Council and public on the rezoning from GR General Rural to Trailer Homesite Zone located at the southwest corner of Greasewood Street and Desert View Drive in Section 18. Mr.Keith Stachar,6301 E.Roundup, Apache Junction,stated that the purpose is to divide the parcel into three mobile home lots and requested approval of the application. Councilman Damiano asked what was to the east of the property. Mr.Stachar replied that there is vacant land zoned GR General Rural to the east and a mobile home park to the northeast. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council,Mayor Clarke called upon the Associate Planner for recommendations. Mr.Nakagawa stated that there are no objections from the Development Coordinating Committee and the Planning and Zoning Commission. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.247,by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.247,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-53-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.251,PZ-56-83 COMMISSION INITIATIVE (First Reading)) the public. Mayor Clarke opened the hearing to Mr.Nakagawa stated that this is a Planning and Zoning Commission initiated amendment to Article 28 of the Zoning Ordinance which deals with the procedures and requirements of zoning ordinance amendments and zone changes. REGULAR MEETING- OF THE CITY COUNCIL -APRIL 17,1984 ' PAGE -3 Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the petition. There being no one wishing to address the Council,Mayor Clarke called upon the Associate Planner for recommendations. Mr.Nakagawa stated that the City Attorney has advised these amendments,which are commonly found in zoning ordinances of other cities.However,one addition that may be difficult to administer in Section 2805,which the City Clerk has identified,requires that rezonings be published in two local newspapers and posted in 10 lo- cations which is not required by State law.Mr.Nakagawa stated that the Planning and Zoning Commission recommends approval of the amendments. Mayor Clarke closed the hearing to the public. Councilman Taylor asked i f the new fee schedule includes the additional posting and publishing of notices. Mr.Nakagawa explained that i t covers merely a fraction of the actual additional cost. Mayor Clarke stated that the amend- ments could be approved without Section 2805. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.251,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.251,by title only with the emergency clause. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.251,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,"BY AMENDING "ARTICLE 28,ZONING ORDINANCE AMENDMENTS AND ZONE CHANGES";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.251,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 1,ZONING ORDINANCE,"BY AMENDING "ARTICLE 28,ZONING ORDINANCE AMENDMENTS AND ZONE CHANGES";REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED,WITH THE FOLLOWING AMENDMENT:DELETE;PARAGRAH TWO, SECTION 2805:LINE THREE AND PORTIONS OF LINE FOUR THAT READ"AND AT LEAST ONE (1)TIME IN TWO LOCAL PUBLICATIONS IF PUBLISHED OR CIRCULATED IN THE MUNICIPALITY." REGULARMEETING OF THE CITY COUNCIL APRIL 17;1984 PAGE 4 City Attorney David Alexander read from the Statutes the legal requirements for rezoning notices. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.260,PZ-7-84, CAMILLERI (First Reading) the public. Councilman Damiano seconded the Mayor Clarke opened the hearing to Mr.Nakagawa stated that this is a request for rezoning from GR General Rural to CR-5 Multiple Residence Zone, located on the northeast corner of Superstition Boulevard and Delaware Drive in Section 18,by Agnes Camilleri through Hubbard Construction,Inc. Mr.Doyce Hubbard,453 N.LomaVista, Mesa,stated that the proposal is to build four plex units on the property, and requested approval. Mayor Clarke 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 Clarke called upon the Associate Planner for recommendations. Mr.Nakagawa stated that the Development Coordinating Committee recommends approval and the Planning and Zoning Commission has no objections to the rezoning,as the request complies with the General Plan. the public. as follows: Mayor Clarke closed the hearing to City Clerk Kathleen Connelly,read ORDINANCE NO.260,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-84 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.261,PZ-8-84 CAMILLERI (First Reading) the public. Mayor Clarke opened the hearing to Mr.Nakagawa briefed the Council on the request for rezoning from GR General Rural to CR-5 Multiple Residence Zone,located on the east side of Delaware Drive between Greasewood and Roundup Streets in Section 18. Phase I I of the previous project. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1984 PAGE 5 Mr.Hubbard stated that this is Councilman Taylor asked i f Mr.Hubbard has done similar construction prior to this. Mr.Hubbard stated that he had developed for Riviera Capital in Tempe,Mesa,and Chandler. Mayor Clarke asked i f there was anyone wishing to speak in favor of or in opposition to the application. There being no one wishing to address the Council,Mayor Clarke called upon the Associate Planner for recommendations. Mr.Nakagawa stated that the Development Coordinating Committee and the Planning and Zoning Commission have no objections with stipulations of dedication of rights -of -way. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No.261,by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.261,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-8-84 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.262,PZ-9-84 MILLETT MANOR,INC.(First Reading)) the public. Mayor Clarke opened the hearing to Mr.Nakagawa briefed the Council on the request for rezoning from GR General Rural to CB -2 Multiple Residence Zone,located at 529 North Gold Drive on the east side of Gold Drive,about 800 feet south of Superstition Boulevard in Section 20. Mr.Dan Millett,65 South Mesa Drive,Mesa,representing Millett Manor,Inc.,requested approval of the rezoning. improvements would be single story. be single story. improvements were already apparent. Councilman Damiano asked if these Mr.Millett stated that they would Councilman Shanks commented that the Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council,Mayor Clarke called upon the Associate Planner for recommendations. Mr.Nakagawa stated that the Development Coordinating Committee has no objections and the Planning and Zoning Commission recommends approval of the request. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1984 PAGE 6 Mayor Clarke closed the hearing to the public,and called upon the City Clerk to read Ordinance No.262,by title only for the first reading. as follows: City Clerk Kathleen Connelly,read ORDINANCE NO.262,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-9-84 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting. OLD BUSINESS PROPOSED ORDINANCE NO.219,PZ-32-83 RANDALL INDUSTRIES (Second Reading) (Continued Item) )City Manager McNulty explained that the representing Attorney Martin T.Jones has sent a letter requesting a further continuance of this rezoning application. Councilman Shanks stated that the emotionalism has depleted and the facts of this rezoning case are becoming more apparent,so one more continuation would be beneficial. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT PROPOSED ORDINANCE NO.219,P2-32-83,BE GRANTED A LAST CONTINUANCE UNTIL THE REGULAR COUNCIL MEETING OF MAY 1,1984. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. FINAL SUBDIVISION PLAT APPROVAL, SUPERSTITION MOUNTAIN RESORT, W &S PROPERTIES )Mr.Nakagawa briefed the Council on the final plat approval request by W and S Properties for Superstition Mountain Resort,formerly named Superstition Shadows Travel Trailer Resort, which submitted the related preliminary Planned Development and was approved by the Council on November 1,1983. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE FINAL PLAT FOR SUPERSTITION MOUNTAIN RESORT,SD -3-83,BY W AND S PROPERTIES,BE AND HEREBY IS GRANTED,WITH THE FOLLOWING STIPULATIONS OR CONDITIONS AS CONDITIONS PRECEDENT TO APPROVAL: REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1984 PAGE 7 1.THAT THE APPLICANT PAY ALL RECORDING FEES. 2.THAT THE COUNTY HEALTH DEPARTMENT APPROVE THE PROPOSED METHOD OF SEWAGE DISPOSAL PRIOR TO THE STATE'S APPROVAL OF THIS SUBDIVISION. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. CONTINUATION OF APPOINTMENTS TO PARKS AND RECREATION COMMISSION ) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION,BE CONTINUED UNTIL THE REGULAR MEETING OF MAY 1,1984 Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.84-12, ESTABLISHING POLLING PLACES,DATE OF ELECTION,VOTING DISTRICTS, ELECTION OFFICIALS,AND METHOD OF VOTE (With Emergency Clause) )City Clerk Kathleen Connelly informed the Council that in accordance with State law,the City Council must adopt certain rules and regulations pertaining to an election prior to the actual date of the election. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.84-12,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 15,1984; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS;PROVIDING FOR THE RECORDATION OF THE ELECTORS'CHOICE;PROVIDING FOR ELECTION OFFICIALS;AND DECLARING AN EMERGENCY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT OF ELECTION OFFICIALS ) )Ms Connelly stated that members must be appointed to the election board not less than 20 days prior to the election,and that if there is sufficient applicants representing a pre- cinct,those individuals be appointed to serve in their respective precinct. REGULAR MEETING OF THE. CITY COUNCIL APRIL 17,1984 PAGE 8 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE FOLLOWING INDIVIDUALS BE APPOINTED AS ELECTION OFFICIALS: PINAL COUNTY PRECINCTS 22A AND 226 AND MARICOPA PRECINCT APACHE: INSPECTOR CLERKS (2) JUDGES (2) MARSHAL ALTERNATE Patricia Oltman (22A) Flora Dow Whisler (226)and Clara Lockwood (220 Betty Kitzman (220 and Geraldine Gibbons (22A) Curtis Toay (Maricopa Precinct Apache) Betty Thompson (22A) PINAL COUNTY PRECINCTS 22C AND 22A: INSPECTOR CLERKS FOR 22C CLERKS FOR 22F JUDGES FOR 22C JUDGES FOR 22F MARSHAL -ALTERNATE Maribelle Gardner (22C) Carole Ann Peterson (22C)and Shirley Erickson (22C) Susan Bosell (22F)and Cora Blatterspiel (22F) Jennie Bennett (22C)and Glenda Miller (22C) Peggy Baljo (22F)and Helen Kell (22F) Frank Jiminez (22C) Marsha Weichers (22C) PINAL COUNTY PRECINCTS 22D AND 22E: INSPECTOR CLERKS JUDGES MARSHAL ALTERNATE ABSENTEE TALLY, BOARD: INSPECTOR CLERKS JUDGES motion.. VOTE:Unanimous The motion carried-. Jan Hiller (22D) Margery Wilson (22D)and Elva Davies (22E) Rosaline Debnam (22E)and Lois Downey (22D) James Appler (22F) Wendy Seeman (22D) (for all precincts) Edith McPherson (220 Irene Bloom (22A)and Margaret Carlin (220 Dorothy Seed (22E)and Jeanette Pesek (220 Councilman Steelsmith seconded the AWARD OF BID,PROJECT NO.PW-84-5, STREET PAVING MATERIALS )Operations Supervisor Doug Dobson stated that three bids were received and recommended the low bidder,AMCON. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AMCON BE AWARDED THE BID FOR PROJECT NO.PW-84-5,STREET PAVING MATERIALS,IN THE AMOUNT OF $20 PER MI. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OETHECITY COUNCIL APRIL 17, 1984! PAGE -9 WORK SESSION,APRIL 30,1984 EXECUTIVE SESSION,WORK SESSION MAY 1,1984 )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT A WORK SESSION BE HELD ON APRIL 30,1984,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON MAY 1,1984,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Shanks reported on the Family Violence work shop. REQUESTS OF COUNCIL None. ADJOURNMENT )Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 7:53 P.M. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 1ST DAY OF MAY ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Clan" Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1984 PAGE 10 ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1984 PAGE 11