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HomeMy WebLinkAbout1983-07-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 19,1983 The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on July 19,1983, 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 Shanks led the Invocation. PLEDGE OF ALLEGIANCE Councilman Hill led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Shanks, CouncilmanHill,Councilman Steelsmith, Councilman Taylor,Mayor Clarke Councilmen Absent:Vice Mayor Eidson,Councilman Damiano Staff Present: Others Present: City Manager J.James Tuvell, Jr.City Clerk Kathleen Connelly Director of Public SafetyBillMcDanielDirectorofPublicWorks Rich BromanDirectorof Planning Joe GeroControllerKeithLewis Economic Development Specialist John SchoephCityAttorney Arnold Hirsch Ms Terry Miller 1799 S.Coconino Drive Apache Junction,Arizona 85220 Ms Barbara Hiller 245 W. 17th Avenue Apache Junction,Arizona 85220 Mr.Frank Jimenez 1800 S. Monterey Apache Junction,Arizona 85220 Ms Midge Conway 902 S.Ocotillo Drive Apache Junction,Arizona 85220 Ms Nancy Pattison 956 S. Ironwood Drive Apache Junction,Arizona 85220 Mr.Frank Brant 1413 S. Palo Verde 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. Councilman Taylor 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 ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNCATIONS None. CALL TO THE PUBLIC Ms Terry Miller,1799 S. Coconino Drive,Apache Junction,wished to know why consideration was given to street paving when a small percentage of citizens signed a petition,and how much this cost the city. Ms Barbara Hiller,245 W.17th Avenue, Apache Junction,expressed her opinions pertaining to a recall of council members. Mr.Frank Jimenez,1800 S.Monterey,Apache Junction,addressed thetrailerpark moratorium and his appointment to the Planning and Zoning Commission. PROPOSED RESOLUTION NO.83-33, AB -83-10,RYAN AND VITTORI to the public. )Mayor Clarke opened the hearing Director of Planning Joe GerobriefedtheCouncilontheabandonmentrequestof South Conestoga Road between East Fifth and East Sixth Avenues,stating also that the Development Coordinating Committee,and the Planning and Zoning Commission recommend approval of the request. Mayor Clarke asked i f there was anyone who wished to address the Council in favor of or in opposition to theapplication.There being no one wishing to speak,Mayor Clarke closed the hearing to the public. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-33,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON SOUTH CONESTOGA ROAD, AS DESCRIBED IN STREET ABANDONMENT CASE AB -83-10, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.83-36, AB -83-11,EHRHARDT )Mayor Clarke opened the hearing to the public. Mr.Gero briefed the Council on the abandonment of several small roadways,with nine different property owners requesting the abandonments. Ms Ruth Ehrhardt,requested approval of the abandonments. 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 else wishing to address the Council,Mayor Clarke closed the hearing to the public. Mr.Gero read letters requesting approval of the abandonments,all from property owners in the area,and stated that the Development Coordinating Committee and the Planning and Zoning Commission both recommend approval of the application. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.83-36,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 EAST CACTUS WREN, PROPOSED ORDINANCE NO.194, SZYMANSKI (First Reading) hearing to the public.) Mayor Clarke opened the Mr.Gero briefed the Council on the rezoning request from GR General Rural to TH Trailer Homesite Zone. 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 Director of Planning for recommendations. Mr.Gero stated that the Development Coordinating Committee has no objections as all quit claim deeds have been received,and the Planning and Zoning Commission recommends approval of the rezoning. Mayor Clarke closed the hearing to the public. Mayor Clarke called upon theCityClerkto read Ordinance No.194,by title only for the first reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.194,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA,AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-19-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.195, PARKER (First Reading) ) Mayor Clarke opened the hearing to the public. Mr.Gero explained that this is a rezoning from GR General Rural to CR-5 Multiple Residence Zone,located on Tomahawk and Broadway Avenue. Mr.A.B.Sullivan,438 N. Saguaro Drive,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 rezoning.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 recommended approval on the condition of receiving quit claim deeds to easements and the Planning and Zoning Commission recommended approval of the rezoning with the stipulation that rights -of -way be dedicated. Mayor Clarke called uponthe City Clerk to read Ordinance No.195,by title only for the first CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO. 200, GOLLY (First Reading) )Mayor Clarke opened the hearing to the public. Mr.Gero explained that this is a rezoning request from GR General Rural to Trailer Homesite Zone TH. Ms Lynn Golly,1480 N.Desert View,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 petition. 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 objections,providing rights -of -way are dedicated,and the Planning and Zoning Commission recommend approval of the rezoning. Mayor Clarke called upon theCity Clerk to read Ordinance No. 200, by title only for the first reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.200, 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 DISTRICT CLASSIFICATION IN REZONING CASE PZ-22-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. PROPOSED ORDINANCE NO.190, BAKKE AND PURCELL (First Reading) to the public. a conflict of interest,and left his seat. ) Mayor Clarke opened the hearing Councilman Steelsmith declared Mr.Gero provided the Councilwitha copy of the proposed plan,this being a planned development,and explained that this is a rezoning from GR General Rural,TH Trailer Homesite and CR-3 Single Residence Zone to Trailer Homesite by Planned Development and Local Business Zone by Planned Development CB-1/PD. Mr.Gero presented petitions opposing the rezoning,not having verified signature authenticity,or that the signers are property owners. Mr.Mike Purcell authorized Mr.Marty Jones to speak on behalf of the applicants. Mr.Marty Jones,an attorney Ms Nancy Pattison,956 S. Ironwood Drive,Apache Junction,wished to clarify whether 12th Avenue is an alley,west of Ironwood Drive. Mr.Gero explained that the alley is in the 12th Avenue alignment,and i f 12th Avenue is extended west,different alternatives will have to be reviewed. Ms Pattison expressed heroppositiontotheapplicationforrezoning. Mayor Clarke asked Mr.Jones what sewage treatment problem was referred to by Ms Pattison. Mr.Jones explained that the clean water would be stored in a pond, and not untreated water,and the pond was what she was referring to. Ms Terry Miller,1799 S. Coconino Drive,Apache Junction,stated that she felt that this development would cause traffic problems for school children. Mr.Jones stated that withthisrezoning,fewer units would be placed on the property,which wouldresultinlesstraffic,and better quality sewage treatment. Mr.Gero stated that there are alternatives where the city may have some control over the sewage treatment plant,as a stipulation upon rezoning approval,and the Development Coordinating Committee and the Planning and Zoning Commission both recommend approval of this proposal,with a number -of stipulations. Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the_City Clerk to read Ordinance No.190,by title only for the first reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.190,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-17-83 FROM TRAILER HOMESITE ZONE (TH)AND GR GENERAL RURAL TO TRAILER HOMESITE ZONE BY PLANNED DEVELOPMENT (CB-2/PD);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Mayor Clarke MOVED THAT BE IT RESOLVED THAT THE MEETING CONTINUE PAST 9:30 P.M. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. ARIZONA,THAT PROPOSED ORDINANCE NO.189,BE REMOVED FROM THE TABLE. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Director of Planning Joe Gerobriefedthe Council on the change in the ordinance and rezoning,as two applicants withdrew their application from the rezoning request,and that the quit claim deeds have been received from the remaining applicants. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AT THE REQUEST OF TWO OF THE PROPERTY OWNERS, BETTY PORTER,AND WALTER AND NAN DENNIS,IN. REZONING CASE PZ-16-83,ALSO KNOWN AS,PROPOSED ORDINANCE NO.189,THAT THEIR PROPERTY DESCRIBED BELOW SHALL BE WITHDRAWN FROM.REZONING CONSIDERATION AND THE PROPOSED ORDINANCE SHALL BE TO REFLECT THE DELETION OF SAID PARCELS PRIOR TO CONSIDERATION. PARCEL NO.1 THE EAST 206.95 FEET OF THE SOUTH 1 OF THE NORTHWEST / OF THE NORTHWEST OF THE SOUTHWEST k OF SECTION 28,TOWNSHIP 1 NORTH,RANGE 8 EAST,GILA AND SALT RIVER BASIN AND MERIDIAN, PINAL COUNTY,ARIZONA. PARCEL NO.2 THE NORTH 1 OF THE NORTH 1 OF THE SOUTHWEST OF THE NORTHWEST OF THE SOUTHWEST SECTION 28,TOWNSHIP 1 NORTH,RANGE 8 EAST, GILA AND SALT RIVER BASIN AND MERIDIAN,PINAL COUNTY,ARIZONA. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon theCityClerkto read Ordinance No.189,by title only for the first reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO.189,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 DISTIRCT CLASSIFICATION IN REZONING CASE PZ-16-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. OLD BUSINESS PROPOSED ORDINANCE NO.204, Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.204, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:In Favor:Councilman Shanks,Councilman Hill,Councilman Taylor, Mayor Clarke Abstained:Councilman Steelsmith (possible conflict of interest) The motion carried. Mayor Clarke called upon theCityClerkto read Ordinance No. 204, by title only for the second reading. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.204, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA,CITY CODE BY AMENDING SECTION 13-2-3,SUBSECTION(A),BY DELETING FROM THE "STREET CLASSIFICATION PLAN"THE REQUIREMENT TO DEDICATE AND IMPROVE SOUTH VALLEY DRIVE BETWEEN WEST BROADWAY AVENUE AND WEST TWELFTH AVENUE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.204, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA,CITY CODE BY AMENDING SECTION 13-2-3,SUBSECTION (A),BY DELETING FROM THE "STREET CLASSIFICATION' PLAN":.THEHREQUIREMENT TO DEDICATE AND IMPROVE SOUTH VALLEY DRIVE BETWEEN WEST BROADWAY AVENUE AND WEST TWELFTH AVENUE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE:In Favor:Councilman Taylor,Councilman Hill,Councilman Shanks, Mayor Clarke Abstained:Councilman Steelsmith (possible conflict of interest) The motion carried. APPOINTMENT TO PLANNING AND ZONING COMMISSION (Tabled Item) )Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPOINTMENT TO THE PLANNING AND ZONING COMMISSION BE REMOVED FROM THE TABLE. Councilman Taylor seconded the motion. City Clerk Kathleen Connelly, stated that i t would be necessary to pass an ordinance to that effect. City Attorney Arnold Hirsch,stated that a vote needs to be taken on the motion. Mr.Gero stated that the City Code states that Planning and Zoning Commission membership is nine, and that could be changed by ordinance to amend the City Code. VOTE:In Favor:Councilman Hill,Councilman Shanks Opposed:Councilman Taylor,Councilman Steelsmith,Mayor Clarke The motion failed. NEW BUSINESS RESIGNATION FROM AND APPOINTMENT TO MOBILE HOME/RV STUDY PANEL )Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE RESIGNATION OF MS MARIBELLE GARDNER FROM THE MOBILE HOME/ RV PANEL,BE ACCEPTED WITH REGRET. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke commented that he has no candidates at this time. Mr.Brant stated that there may not be a need for an additional member, as the Panel is near completion of compiling information. Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPOINTMENT TO THE MOBILE HOME/RV PANEL BE TABLED UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. RESIGNATION FROM AND APPOINTMENT TO PLANNING AND ZONING COMMISSION ) )Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPOINTMENT TO THE PLANNING AND ZONING COMMISSION AND THE ECONOMIC OPPORTUNITIES ACTION TEAM,BE TABLED AND THAT THE RESIGNATION OF MS MILDRED BAKER FROM THE PLANNING AND ZONING COMMISSION AND THE ECONOMIC OPPORTUNITIES ACTION TEAM,BE ACCEPTED WITH REGRET. RESIGNATION FROM AND APPOINTMENT TO PARKS AND RECREATION COMMISSION )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. LEWIS FITZWATER,FROM THE PARKS AND RECREATION COMMISSION BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT SUZANNE BARTELL,BE APPOINTED TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR.LEWIS FITZWATER, SAID UNEXPIRED TERM TO END APRIL 30,1985. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. STUDY OF LAND USE PLAN FOR POSSIBLE AMENDMENT ) Mayor Clarke stated that the General Plan and Land Use Map were adopted one year ago,and should be reviewed at this time for any possible amendments. Mayor Clarke MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT THE CITY MANAGER IS HEREBY DIRECTED TO REVIEW THE ADOPTED LAND USE PLAN ENTITLED,"APACHE JUNCTION, ARIZONA,2001 LAND USE MAP"AND TEXT OF THE ADOPTED GENERAL PLAN, TO DETERMINE IF THERE ARE POSSIBLE RECOMMENDATIONS FOR AMENDMENT. THE CITY COUNCIL SPECIFICALLY REQUESTS THE REVIEW INCLUDE: 1.RECOMMENDATIONS FOR UNDEVELOPED RESIDENTIAL AREAS TO BE DESIGNATED FOR ONLY CONVENTIONAL CONSTRUCTION. 2.RECOMMENDATIONS FOR INDUSTRIAL AREAS. 3.OTHER RECOMMENDATIONS. THE REPORT, WITH RECOMMENDATIONS,IS REQUESTED TO BE FORWARDED TO THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION AS SOON AS POSSIBLE. Councilman Taylor seconded the motion. VOTE:Unanimous The motion carried. STUDY OF STAFF PROCEDURES ON LAND USE REGULATIONS )Mayor Clarke stated that there have been comments and input from the public on staff procedures on land useregulationsand a study may clarify some procedures. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE CITY MANAGER IS DIRECTED TO PREPARE A REPORT REVIEWING THE PROCEDURES USED BY THE DEVELOPMENT COORDINATING COMMITTEE (DCC)WITH REGARD TO 5.RECOMMENDATION FOR IMPROVING THE DCC OPERATION,IF ANY. THE CITY MANAGER,UPON COMPLETION OF THE REPORT,SHALL FORWARD SUCH REPORT TO THE CITY COUNCIL FOR REVIEW. Mayor Clarke seconded the motion. WORK SESSION,AUGUST 1, 1983 EXECUTIVE SESSION,WORK SESSION, AUGUST 2, 1983 )Councilman Hill 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 AUGUST 1, 1983, 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 AUGUST 2, 1983,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. 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 10:08 P.M. Councilman Steelsmith seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 2ND DAY OF AUGUST , 1983, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. Mayor