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HomeMy WebLinkAbout1982-12-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 21,1982 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on December 21,1982, 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 Councilman Eidson led the Invocation. PLEDGE OF ALLEGIANCE. Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Eidson,Councilman Hudson,Councilman Steelsmith, Councilman Shanks,Councilman Damiano, Vice Mayor Hill, Mayor Clarke City Manager J.James Tuvell, Jr. City Clerk Kathleen ConnellyDirectorofPublicSafetyBillMcDanielDirectorofPublicWorks Rich BromanDirectorof Planning Joe Gero Controller Keith LewisCity Attorney Arnold Hirsch Mr.Mark McPherson 2471 E.Foothill St. Apache Junction,Arizona 85220 Mr.Keith Stachar 28 N.Ironwood Apache Junction,Arizona 85220 Ms Genoa Haliba 1458 S.Buena Vista Mr.Harry Bidwell 7631 Greenway RoadScottsdale AirportScottsdale,Arizona 85260 ACCEPTANCE OF AGENDA )Vice Mayor 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 AFTER DELETING ITEM NO.12. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF 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 ITEM "A" BE APPROVED AS PRESENTED FOR THE FOLLOWING REASONS: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS "B"AND "C" BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. IntroduCtiOn'Of'DinStingUithed .GUettt'and .VititOrs None. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Clarke presented Certificates of Appreciation to Mr.Mark McPherson, and to Mr.Richard Oltman,who was not present,for their contributions to the Planning and Zoning Commission. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager James Tuvell called on Director of Planning Joe Gero to report to the Council. Mr.Gero informed the Council of rezoning application deadlines,and that the Planning and Zoning Commission will continue to hold two meetings a month, and presented a list of deadlines,meeting dates,etc.,to the Council. Mr.Gero briefed the Council,statingthatMr.and Mrs.Keith Stachar are requesting that the originally approved development plan be amended, to change the allowable uses,number of buildings, parking requirements,and storage requirements. Mr.Keith Stachar,28 N. Ironwood Dr., Apache Junction,make himself available for any questions from the Council. 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 the hearing to the public. Mr.Gero informed the Council that the Development Coordinating Committee and the Planning and Zoning Commission recommended approval of the application. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MAJOR AMENDMENT AS REQUESTED BY KEITH AND KATHRYN STACHAR IN REZONING CASE PZ-20-80 AND AS SET FORTH IN THE DEVELOPMENT COORDINATING COMMITTEE MEMORANDUM DATED NOVEMBER 24,1982,WHICH HAS BEEN ACKNOWLELGED AS ACCEPTABLE BY SIGNATURE OF KEITH STACHAR,HEREBY IS APPROVED AS A MAJOR AMENDMENT TO THE PLANNED DEVELOPMENT PLAN FOR REZONING CASE PZ-20-80 (ORDINANCE NO.82). VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.163, BIDWELL (First Reading) the public. Vice Mayor Hill seconded the motion. ) Mayor Clarke opened the hearing to Councilman Steelsmith stepped down from the proceedings due to a possible conflict of interest (he is anarchitecton a portion of the project). Mr.Joe Gero stated that this rezoningapplicationisfrom GR General Rural to TH and CB-1/PD Trailer Homesite and Local Business Zone by Planned Development,for the Roadhaven Resorts,Inc. and that this application has received preliminary plat approval from the Subdivision Committee. Mr.Jim Smess,with an engineeringfirmon5thAvenue, Mesa,Arizona,and representing the applicant,made himself available to the Council for questions. Councilman Hudson asked Mr.Smess severalquestions. Councilman Damiano asked what the effects would be when the flood control dams were built. Mr.Smess stated that the water would be saved for use. Ms Genoa Haliba,1458 S.Buena Vista, Apache Junction,expressed a concern that the zoning may be for RV's instead of mobile homes, which seems to be occupying this area. Mr.Harry Bidwell,stated that the maximum length for a RV is 40 feet and 8 feet in width,and is considered a recreational vehicle. Mayor Clarke called upon the City Clerk to read Ordinance No. 163 by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.163,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-19-82 FROM GR GENERAL RURAL TO TRAILER HOMESITE AND LOCAL BUSINESS DISTRICTS ZONES BY PLANNED DEVELOPMENT TH AND CB-1/PD;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.164, BURK (First Reading) public. ) Mayor Clarke opened the hearing to the Director of Planning Joe Gero briefed the Council on the rezoning application from CR-5 Multiple Residence to CR-5/PDMultipleResidencebyPlannedDevelopment, by the applicant,Steven Burk,with BHW General Partnership. Mr.Steven Burk,general contractor and general partner of Indian Summer,outlined the proposed project,and requested approval of the application for rezoning. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. Mr.Joe Sherr,666 S.Delaware,expressed some concern for the location of the project,causing water drainage. Mr.Gero stated that the Development Coordinating Committee and Planning and Zoning Commission have no objections to the application,with a quitclaim deed for the easement. Mr.Sherr stated that this addition of population in the area will cause a great increase in traffic flow. Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No.164,by title only for the first reading. City Clerk Kathleen Connelly,read as follows: ORDINANCE NO.164,AN ORDINANCE OF THE PROPOSED ORDINANCE NO.169, DOW (First Reading) ) Mayor Clarke opened the hearing to the public. Mr.Gero briefed the Council on theapplication,requesting rezoning from GR General Rural to TH Trailer Homesite. Mr.Maynard Dow, 829 N.Shiprock, Apache Junction,requested approval of the rezoning. 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 the hearing to the public. Mr.Gero stated that the Development Coordinating Committee has no objection to the application,and that thequitclaim deed for the easement had been submitted to the city.Mr.Gero also informed the Council that the Planning and Zoning Commission recommended approval to the Council. Mayor Clarke called upon the City Clerk to read Ordinance No.169,by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.169,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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-25-82 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERAHLITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.165, MORGAN/BRACKEN (ContinuedItem with First Reading) the public.) Mayor Clarke opened the hearing to Mr.Gero reminded the Council that this was originally a rezoning application with two applicants,but is now updated as a single applicant,Bracken,with only parcel #1.Mr.Gero recommended to the-Council -that.the original application be retracted and the hearing be held on the new ordinance and 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 the hearing to the public. Mr.Gero informed the Council that the Development Coordinating Committee and Planning and Zoning Commission recommend approval of the rezoning application of parcel #1. Mayor Clarke called upon the City Clerk to read Ordinance No.165,by title only for the first reading. APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE, FRATERNAL ORDER OF EAGLES ) )Mayor Clarke opened the hearing to the public. 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 the hearing to the public. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR JANUARY 8, 1983, SUBMITTED BY MR.WALTER SMITH,AGENT FOR THE FRATERNAL ORDER OF EAGLES,BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Hill seconded the motion. VOTE:In Favor:Councilman Hudson, Councilman Eidson,Councilman Steelsmith, Vice Mayor Hill,Mayor Clarke Abstained:Councilman Damiano, Councilman Shanks (possible conflict of interest) The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:17 p.m. OLD BUSINESS GROUNDWATER SYMPOSIUM................ ) Mayor Clarke explained that a location and date change was necessary. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING FOR THE GROUNDWATER SYMPOSIUM BE CHANGED TO THE 1ST DAY OF FEBRUARY,1983, AT 1:30 P.M.,IN THE APACHE JUNCTION ELKS LODGE. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENTS TO CITIZENS'ADVISORY COMMITTEE ON CABLE TELEVISION ) )City Manager James Tuvell recommended Mr.Jack Barrett,and Mr. LarryCline to be appointed. Mr.Tuvell stated that all presently appointed members of the committee would be contacted and a meeting date set up. APPOINTMENTS TO FREEWAY COMMITTEE of Kearny as a candidate. )Mr. Tuvell recommended Mayor McAllister Councilman Hudson suggested Senator Pete Rios as a candidate for appointment to the committee. Councilman Damiano recommended appointing Ben Honor and Priscilla Gardner. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE FOLLOWING INDIVIDUALS BE APPOINTED TO SERVE ON THE FREEWAY COMMITTEE: SENATOR PETE RIOS,MAYOR MCALLISTER (KEARNY),BEN HONOR,AND PRISCILLA GARDNER. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS RESIGNATION FROM BOARD OF ADJUSTMENT )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF MR.JOE JESSAMINE FROM THE BOARD OF ADJUSTMENT,BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT THE APPOINTMENT OF A REPLACEMENT BE CONTINUED UNTIL THE REGULAR MEETING OF JANUARY 4, 1983. Councilman Steelsmith seconded the motion. VOTE:Unanimous ACCEPTANCE OF RESIGNATION FROM PLANNING AND ZONING COMMISSION ) )Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF MR.GEORGE BALJO FOR THE TERM OF OFFICE EXPIRING JUNE 30,1983,HEREBY IS ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT JAMES T.WHITE BE APPOINTED TO THE PLANNING AND ZONING COMMISSION TO FILL A VACANCY,SAID UNEXPIRED TERM TO EXPIRE JUNE 30, 1983. Councilman Damiano seconded the motion. Councilman Hudson read the following: "The Honorable Mayor and Members of the City Council: Due to my appointment to the City Council which will be effective January 1983, I am resigning as a member and chairman of the Planning and Zoning VOTE:Unanimous The motion carried. Mayor Clarke stated that Mr.Gary Page also resigned from the Planning and Zoning Commission. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF GARY PAGE BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT RICHARD ROORDA,BE APPOINTED TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR.GARY PAGE,SAID UNEXPIRED TERM TO EXPIRE JUNE 30,1985,CONTINGENT UPON MEETING RESIDENCY REQUIREMENTS. Councilman Shanks seconded the motion. Councilman Hudson asked i f the original motion appointing James T. White could be amended. City Attorney Arnold Hirsch stated that a motion should be made to reconsider the appointment. Councilman Damiano stated that he would like the original motion appointing James T. White reconsidered. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MOTION ACCEPTING THE RESIGNATION OF GARY PAGE AND APPOINTING RICHARD ROORDA TO THE PLANNING AND ZONING COMMISSION,BE TABLED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MOTION APPOINTING JAMES T.WHITE TO THE PLANNING AND ZONING COMMISSION BE RECONSIDERED. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATIONS OF MR.GEORGE BALJO AND MR.GARY PAGE BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT MR.JAMES T.WHITE BE APPOINTED FOR TERM TO EXPIRE JUNE 30,1985,AND MR. RICHARD ROORDA BE APPOINTED FOR TERM TO EXPIRE JUNE 30, 1983,CONTINGENT UPON MEETING RESIDENCY REQUIREMENTS. Councilman Hudson seconded the motion. THAT THE RESIGNATIONS OF MR.JOHN DRUMMOND,AND MR.CARL ELY,FROM THE AIRPORT COMMISSION, BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT ROBERT WILLIAMS,AND DONNA FELTS,BE APPOINTED TO THE AIRPORT COMMISSION TO FILL THE VACANCIES CREATED BY THE RESIGNATIONS OF MR.JOHN DRUMMOND,AND MR.CARL ELY,SAID UNEXPIRED TERMS TO EXPIRE MAY 21,1983. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. WORK SESSION,JANUARY 3, 1983, WORK SESSION,EXECUTIVE SESSION,JANUARY 4, 1983 ) )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 IN THE CITY HALL COMPLEX ON JANUARY 3, 1983, AT 7:00 P.M. BE IT FURTHER RESOLVED THAT A WORK SESSION AND AN EXECUTIVE SESSION BE HELD IN THE CITY HALL COMPLEX ON JANUARY 4, 1983, AT 6:00 P.M. Councilman Steelsmith seconded themotion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Shanks reported that the Community Services Department haddistributed80 food baskets to the needy,and a meeting was held foralternatives toraise money for the swimming pool. Councilman Shanks announced that a Proclamation had been signed by the Mayor in support of the Apache Junction Area Community Foundation Fund Drive on December 15,1982. REQUESTS OF COUNCIL Councilman Hudson stated that the people on the Community Foundation had done a good job.Councilman Hudson also expressed his wish to accomplish much through his newly elected position as a state representative. ADJOURNMENT )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 8:55 P.M. Councilman Eidson seconded the motion. ATTEST: Kathleen Connelly City Clerk _ / Wendell J.Clapre Mayor