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HomeMy WebLinkAbout1986-02-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 4,1986 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 4,1986,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 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Jimenez,Councilwoman Taylor,Councilman Eidson, Councilman Baljo,Vice Mayor Bakkedahl,Mayor Hill Councilman Absent:Councilwoman Gardner (ill) Staff Present: Others Present: City Manager Michael J.McNulty Deputy City Clerk Lori Clark Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman City Attorney David Alexander Economic Development Specialist John Schoeph Mr.Steve Greene Salvation Army 605 E.Broadway Apache Junction,AZ Mr.John Allanson A.J.Area Community Foundation Mr.Gary Selvy,Director Epicenter Mr.Keith Stachar 6301 E.Roundup Apache Junction,AZ Mr.A.E.Sullivan 319 N.84th Place Mesa,AZ Mr.Jim Brinkman 265 W.17th Avenue Apache Junction,AZ Dr.Minnick 12269 Sky Lane Los Angeles,CA 900949 Mayor Hill announced that rezoning case no.PZ-79-85 was withdrawn by the applicant,and will not be heard at this time. CONSENT AGENDA )Councilman Jimenez MOVED THAT CONSENT AGENDA ITEM NOS.1-3 BE ACCEPTED AS PRESENTED AFTER MAKING THE FOLLOWING AMENDMENT:THAT ON PAGE THREE THE WORDS "SALES TAX"BE REPLACED BY THE WORD "IT". Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill introduced Mr.Frank Coxen,a candidate for Superior Court Judge for District 4. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Hill presented Certificates of Appreciation to Mr.Ken Sanchez, Ms Mary Luddy and Mr.Harvey Morrison,for their services on the Planning and Zoning Commission and the Board of Adjustment. Mr.Steve Greene,605 E.Broadway,Apache Junction,representing the Salvation Army,presented a plaque to the City of Apache Junction for contributions to the Christmas baskets distributed by the Salvation Army. CITY MANAGER'S REPORT City Manager Michael J.McNulty showed a video of the progress on the Library,and stated that the work i s basically on schedule. Mr.John Allanson,presented the mid -year report for the Apache Junction Area Community Foundation and Epicenter. Mr.Gary Selvy,the new Director of Epicenter,stated that i t would be a pleasure to work with the City Council. CALL TO THE PUBLIC Dr.Minnick,addressed the Council requesting approval of the abandonment of Saguaro Drive from Smoketree Street to Tepee Street. PUBLIC HEARINGS PROPOSED ORDINANCE NO.455,PZ-66-85 CHRISTENSEN AND STACHAR )Director of Planning Chuck Newcomer stated that staff requests that this item be continued to permit the Planning and Zoning Commission to consider an amendment to the originally requested C-2 rezoning to allow the uses proposed by the applicant. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 2 OF 10 Mr.Keith Stachar,6301 E.Roundup, Apache Junction,reiterated that i t was necessary to postpone this rezoning to amend the request to allow the uses proposed. Vice Mayor Bakkedahl MOVED THAT PROPOSED ORDINANCE NO.455,PZ-66-85,BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF MARCH 18,1986. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.473, PZ-71-85,SMITH AND NUDO )Mr.Newcomer briefed the Council on the request for rezoning of property located off Highway 60 from GR General Rural to CI -1 and the portion north of Highway 60 to C-2 Local Commercial, and stated that staff suggested a variance by the Board of Adjustment for the proposed use,and that the Planning and Zoning Commission recommends approval of the application with stipulations,including that this property should not be zoned i n this method without a Planned Development. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning. Ms Margaret Crawford,owner of the adjoining property,objected to the survey done on the property i n question, but did not object to the project. Mr.A.E.Sullivan,319 N.84th Place,Mesa,representing the applicants,further explained the problem with the survey,and requested approval of the application. Mayor Hill explained to Ms Crawford that the survey problem would have to be resolved between the property owners,as this was a civil matter. There being no one else wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.473,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Clark read as follows: ORDINANCE NO.473,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-71-85 FROM GR GENERAL RURAL TO CI -1 LIGHT INDUSTRIAL AND FROM GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO.473,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 3 OF 10 I I I Councilman Baljo seconded the motion. Councilman Jimenez asked i f the Council may proceed with this action,even though there was a dispute between property owners. City Attorney David Alexander stated that this dispute must be settled between the property owners and does not affect the consideration i n question. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.474, PZ-76-85,PEDERSON ) )Mr.Newcomer briefed the Council on the request for rezoning of a 1 1/4 acre parcel,located on the southwest corner of the intersection of North Warner and West Foothill Street,from GR General Rural to CR-3(MH)Single Family Residence,and stated that staff recommends rezoning to CR-2(MH)as opposed to CR-3(MH)feeling that i t would be more appropriate for the applicant to make use of the property,and that the Planning and Zoning Commission recommends approval of the CR-2(MH)with stipulations. Mr.Obert Pederson,requested approval of the application. Mayor Hill asked i f there was anyone who wished to speak i n favor of or i n opposition to the rezoning.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.474,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Jimenez seconded the motion. VOTE:Unanimous The motion. Deputy City Clerk Lori Clark read as follows: ORDINANCE NO.474,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-76-85 FROM GR GENERAL RURAL TO CR-3(MH) SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.474,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THE REZONING BE TO CR-2(MH). motion. VOTE:Unanimous The motion carried. Councilman Baljo seconded the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 4 OF 10 PROPOSED ORDINANCE NO.475,PZ-77-85, BRINKMAN,BURKINSHAW AND MARSTON )Mr.Newcomer explained that this i s an application for rezoning of two combined parcels of 2.5 acres,located on the southeast corner of Warner Drive and Smoketree Street,southwest corner of Smoketree Street and Desert View Drive,from GR General Rural to CR-1(MH) Single Family Residence Zone,and stated that staff recommend approval of the rezoning with stipulations and that the Planning and Zoning Commission also recommends approval of the application. Mr.Jim Brinkman,265 W.17th Avenue,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 rezoning.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.475,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Clark read as follows: ORDINANCE NO.475,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-77-85 FROM GENERAL RURAL (GR)TO SINGLE FAMILY RESIDENCE ZONE CR-1 (MH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Baljo MOVED THAT ORDINANCE NO.475,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilman Jimenez seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.476, PZ-78-85,BURKINSHAW )Mr.Newcomer briefed the Council on the request for rezoning of two combined parcels of 2.5 acres,located on the northwest corner of Windsong Street and Gold Drive,from GR General Rural to CR-1(MH)Single Family Residence,and stated that staff has no objections to the application and that the Planning and Zoning Commission recommends approval of the rezoning. Mr.Jim Brinkman,265 W.17th Avenue,Apache Junction,representing the applicants,requested approval of the rezoning. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 5 OF 10 I I I Mayor Hill 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 Hill closed the hearing to the public. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO.476,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Clark read as follows: ORDINANCE NO.476,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-78-85 FROM GENERAL RURAL (GR)TO SINGLE FAMILY RESIDENCE ZONE CR-1 (MH);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Baljo MOVED THAT ORDINANCE NO.476,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting. OLD BUSINESS APPOINTMENTS TO HUD STUDY COMMITTEE ) )Mayor Hill explained that the HUD Study Committee should be accepted with the present membership,as there were no further applicants. City Manager McNulty further explained that the additional applicants had withdrawn their applications. Councilman Eidson MOVE THAT THE PRESENT HUD STUDY COMMITTEE MEMBERSHIP BE ACCEPTED. motion. VOTE:Unanimous The motion carried. Councilwoman Taylor seconded the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 6 OF 10 NEW BUSINESS PROPOSED RESOLUTION NO. 86-04, AB -85-16, MINNICK )Director of Public Works Rich Broman explained that this is a request for the abandonment of Saguaro Drive from Smoketree Street to Tepee Street by Dr. R.S. Minnick and Jan Minnick, and stated that the Development Coordinating Committee has no objection to the abandonment. Councilman Jimenez expressed opposition to the abandonment with the concern that this could decrease the value of property in that area, and that the concerns voiced by Mr. Raymond Nelleson may be justified. Councilman Jimenez MOVED THAT RESOLUTION NO. 86-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS SAGUARO DRIVE BETWEEN SMOKETREE AND TEPEE STREETS DESCRIBED IN STREET ABANDONMENT CASE AB -85-16, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY, BE DENIED. Vice Mayor Bakkedahl seconded the motion. The City Council unanimously chose to allow Dr. Minnick to speak on the item. Dr. Minnick, 12269 Sky Lane, Los Angeles, California, 900949, addressed the Council, further explained reasons for wishing the abandonment. Councilman Baljo stated that Mr. Nelleson has had many opportunities to address the Council on this issue, and the street in question is not, in his opinion, a necessary residential street. VOTE:In Favor: Opposed: The motion failed. Councilman Jimenez, Vice Mayor Bakkedahl, Mayor Hill Councilman Eidson, Councilman Baljo, Councilwoman Taylor Councilman Baljo MOVED THAT RESOLUTION NO. 86-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS SAGUARO DRIVE BETWEEN SMOKETREE AND TEPEE STREETS DESCRIBED IN STREET ABANDONMENT CASE AB -85-16, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY, BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE:In Favor:Councilman Eidson, Councilman Baljo, Councilwoman Taylor Opposed:Councilman Jimenez, Vice Mayor Bakkedahl, Mayor Hill The motion failed. City Attorney Alexander suggested postponing the item until there would be seven Councilmembers present. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 1986 PAGE 7 OF 10 Councilman Jimenez MOVED THAT RESOLUTION NO.86-04 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 18,1986. Councilwoman Taylor seconded the motion. Vice Mayor Bakkedahl expressed his wish to listen to Mr.Nellesen's arguments i n person,and requested that Mr.Nellesen receive a registered letter informing him of the next meeting. Councilwoman Taylor suggested that perhaps Mr.Nellesen did not understand the advantages of the abandonment. VOTE:I n Favor:Councilman Jimenez,Councilman Eidson,Councilwoman Taylor Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Baljo The motion carried. COUNCIL REQUEST ON CONDITIONAL USE PERMITS ) )Mr.Newcomer reminded the Council that at the January 20th work session,Council suggested having the con- ditional use permit pertaining to the sale and use of alcoholic beverages, be submitted to the Council for final approval and prior to amending the Zoning Ordinance,direction must be given to the Planning and Zoning Commission to conduct a public hearing on the proposed change. Vice Mayor Bakkedahl MOVED THAT A COUNCIL -INITIATED AMENDMENT TO THE CURRENT CITY ZONING ORDINANCE REQUIRING COUNCIL APPROVAL OF ALCOHOL -RELATED CONDITIONAL USE PERMITS BE REFERRED TO THE PLANNING AND ZONING COMMISSION FOR PUBLIC HEARING AND RECOMMENDATION. Councilman Eidson seconded the motion. Councilman Baljo expressed his feeling that the Council should not be involved with these types of details, which should be handled by the Planning and Zoning Commission. Councilman Eidson explained this was requested due to the possibility of a bar being put i n at the intersection of Ironwood Drive and Broadway,giving the City Council the final recommendation rather than the Planning and Zoning Commission.Councilman Eidson further stated that the occasion may never occur. Mr.McNulty stated that currently the Planning and Zoning Commission has the final authority on any use permit,and certain zones for bars would require the special use permit. Councilwoman Taylor questioned by-passing the Planning and Zoning Commission authority. Mr.McNulty explained that only i n this instance would the Council have the final decision. Councilman Baljo commented that i f the Council wished to take authority away from the Planning and Zoning Commission,what i s the purpose of the Commission. VOTE:I n Favor:Councilman Jimenez,Councilwoman Taylor, Councilman Eidson,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilman Baljo The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 8 OF 10 EXECUTIVE SESSION,WORK SESSION, FEBRUARY 18,1986 )Councilman Eidson MOVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON FEBRUARY 18,1986,IN THE CITY COUNCIL CHAMBERS. Vice Mayor Bakkedahl seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Jimenez reported on the first Youth Advisory Board meeting. Vice Mayor Bakkedahl informed the Council that February 5th there will be a meeting of the Committee for the Lost Dutchman Park. REQUESTS OF COUNCIL None. ADJOURNMENT )Councilman Jimenez MOVED THAT THE MEETING BE ADJOURNED AT 9:30 P.M. Councilman Eidson 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 the Special Meeting of January 11,1986 *3.Acceptance of Minutes from the Regular Meeting of January 21,1986 ACCEPTED THIS 18TH DAY OF FEBRUARY ,1986,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. W02/-7 /7: e 0 Norman S.Hill Mayor REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4,1986 PAGE 9 OF 10 ATTEST: 411LA4 Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCILFEBRUARY 4, 1986PAGE 10 OF 10