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Home My WebLink About1984-02-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 21,1984 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 21, 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: Staff Present: Staff Absent: Others Present: Councilman Shanks,Councilman Damiano,Councilman Steelsmith Councilman Taylor,Councilman Hill,Vice Mayor Eidson,Mayor Clarke City Manager Michael J.McNulty City Clerk Kathleen Connelly Controller Keith Lewis Associate Planner Jim Nakagawa Planning/Drafting Technician Julie Reid Economic Development Specialist John Schoeph City Attorney David Alexander Deputy City Clerk Lori Clark Director of Public Works Rich Broman Director of Public Safety Bill McDaniel Mr.John Oertle 3743 E.Equestrian Trail Scottsdale,Arizona Mr.Richard J.Herbert 934 W.McDowell Phoenix,Arizona Mr.Roger Short 1256 S.Buena Vista Apache Junction,Arizona 85220 Ms Grace Vullenweider 1257 S.Buena Vista Apache Junction,Arizona 85220 Mr.Dennis Eardley 325 E.Southern Avenue Tempe,Arizona Mr.Jack Eardley 325 E.Southern Avenue Tempe,Arizona Mr.Joe Kurlin 424 S.Buena Vista Apache Junction,Arizona 85220 Mr.Al Bellucci 2386 N.Valley Drive Apache Junction,Arizona 85220 Mr.Keith Stachar 28 N.Ironwood Apache Junction,Arizona 85220 Mr.Gary Nine 925 N.Plaza Drive Apache Junction,Arizona 85220 ACCEPTANCE OF AGENDA )Councilman Hill 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. Vice Mayor Eidson seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eidson 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.237,PZ-44-83,ELSON,B:PROPOSED ORDINANCE NO.225,PZ-47-83,SEATON, AND C:ACCEPTANCE OF MINUTES FROM REGULAR COUNCIL MEETING OF FEBRUARY 7, 1984,BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Guests and Visitors None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1984 PAGE 2 AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CITY MANAGER'S REPORTS None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.232, PZ-43-83,OERTLE AND EARDLEY (First Reading Continued from 2/7/84)) )Mayor Clarke opened the hearing to the public. Planning/Drafting Technician Julie Reid, briefed the Council on the rezoning from CR-3 Single Residence to Trailer Homesite by Planned Development (TH/PD). Mr.John Oertle,3743 E.Equestrian Trail Scottsdale,a partner of the Superstition Sands Subdivision RV Resort devel- opment,outlined the proposed development plans,including the changes to allegedly resolve objections by surrounding homeowners,and stated that two of the property owners had removed their signatures from the protest petition. Mr.Richard J.Herbert,934 W.McDowell, Phoenix,owner of the parcel west of the development,addressed the Council in favor of the project. Mr.Roger Short,1256 S.Buena Vista, Apache Junction,addressed the Council in opposition to the development, pointing out the additional traffic,bright yard lights,loss of view,and depreciation of property. •Ms Grace Vullenweider,1257 S.Buena Vista,Apache Junction,also spoke in opposition to the RV resort. Mr.Dennis Eardley,325 E.Southern Avenue,Tempe,gave a rebuttal on several of the points of the opposition. Mr.Short returned the rebuttal with additional points of opposition. Mr.Jack Eardley,325 E.Southern Avenue, Tempe,realtor,spoke in approval of the development. Mr.Joe Kurlin,424 S.Buena Vista,Apache Junction,expressed opposition to the project. Planning/Drafting Technician Julie Reid, stated that the Development Coordinating Committee recommended approval of the plan,subject to additions and corrections as specified,and the Planning and Zoning Commission recommended denial by a 3 to 2 vote. public. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1984 PAGE 3 Mayor Clarke closed the hearing to the Mayor Clarke called upon the City Clerk to read Ordinance No.232,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.232,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-43-83 FROM CR-3 SINGLE RESIDENCE TO TRAILER HOMESITE BY PLANNED DEVELOPMENT (TH/PD);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Mayor Clarke recessed the meeting at 8:03 p.m. Mayor Clarke reconvened the meeting at 8:17 p.m. PROPOSED ORDINANCE NO.238, PZ-45-83,BELLUCCI AND RAGAN (First Reading) public. Mayor Clarke opened the hearing to the Associate Planner Jim Nakagawa,briefed the Council on the rezoning from GR General Rural to CB -2 General Business Zone. Mr.Al Bellucci,2386 N.Valley,Apache Junction,an applicant for the rezoning,requested approval of the application. 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 closed the hearing to the public. Mr.Nakagawa stated that the Development Coordinating Committee has no objection to the application,with dedication of right-of-way for roadway,and the Planning and Zoning Commission recom- mend approval. Mayor Clarke called upon the City Clerk to read Ordinance No.238,by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.238,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-45-83 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.240, PZ-48-83,WYATT (First Reading)) public. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1984 PAGE 4 Mayor Clarke opened the hearing to the Mr.Nakagawa briefed the Council on the rezoning from GR General Rural to CB -2 General Business Zone,which is located at the northeast corner of Highway 60 and Colt Road in Section 21. Mr.Keith Stachar,representing the property owner,requested approval of the rezoning application. 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 closed hearing to the public. Mr.Nakagawa stated that the Development Coordinating Committee and the Planning and Zoning Commission recommend approval of the rezoning. Mayor Clarke requested that a report be given at the second reading on the improvement of Colt Road,as this is a stipulation of the rezoning. Mayor Clarke called upon the City Clerk to read Ordinance No.240,by title only for the first reading. follows: City Clerk Kathleen Connelly,read as ORDINANCE NO.240,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-48-83 FROM GR GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED RESOLUTION NO.83-66, AB -83-21 )Ms Reid briefed the Council on the proposed development,which is the purpose for the abandonment of North Apache Drive from West Roundup Street to West Tepee Street,and West Shiprock Street from 225 feet west of North Apache Drive to North Idaho Road,and West Roundup Street from North Plaza Drive to 165 feet east of North Apache Drive. Vice Mayor Edison stated that this aban- donment should be approved with a reverter clause included,should the development not go through. Mayor Clarke asked i f the abandonment could be approved at the same time as the rezoning for the development. City Manager Mike McNulty confirmed this, adding that before the development could be planned,i t would be necessary for the developer to know the status on the streets in question. Mr.Gary Nine,925 N.Plaza Drive, addressed the Council briefly outlining the proposed development,explaining the benefits of these abandonments to the project. Vice Mayor Eidson requested an opinion from the City Attorney regarding a reverter clause. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1984 PAGE 5 City Attorney David Alexander stated that a reverter clause would be appropriate,with the abandonments to not take effect should the property not be utilized as the proposed development.He recommended that a period of time be stipulated. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-66,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 NORTH APACHE DRIVE FROM WEST ROUNDUP STREET TO WEST TEPEE STREET;WEST SHIPROCK STREET FROM 225 FEET WEST OF NORTH APACHE DRIVE TO NORTH IDAHO ROAD;AND WEST ROUNDUP STREET FROM NORTH PLAZA DRIVE TO 165 FEET EAST OF NORTH APACHE DRIVE,AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-21,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTING- UISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THIS RESOLUTION SHALL BE ADOPTED WITH THE STIPULATION THAT IF THE LAND IS NOT UTILIZED FOR THE PROPOSED PROJECT WITHIN ANY TWO YEAR PERIOD THE ROADWAY ABANDONMENTS AS SPECIFIED HEREIN SHALL REVERT TO THEIR ORIGINAL USE. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS None. WORK SESSION,MARCH 5,1984 EXECUTIVE SESSION,WORK SESSION MARCH 6,1984 )Councilman Steelsmith 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 MARCH 5,1984,AT 7:00 P.M.,IN THE COMMUNITY SERVICES BUILDING. BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON MARCH 6,1984,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. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1984 PAGE 6 INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Steelsmith announced that Southwest Regional Oldtime Fiddlers Championship will take place on February 25 and 26,1984,and is a benefit for the school's special olympics fitness track and the Prospector Park for the City. Mayor Clarke reported on the tour of the libraries in the County. ADJOURNMENT )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:57 P.M. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 6TH DAY OF MARCH ,1984,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. Wendell J.Cl4frke Mayor ATTEST: ifeire1146-0..)elm%At445r Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1984 PAGE 7