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Zoning and Annexation Committee <br /> September 28, 1998 <br /> Page 3 <br /> Dr. Varner noted among other things that he does not believe the time is right for the project <br /> as proposed. He noted that as the District Councilmember where the Scottsdale Mall is <br /> located he is concerned about how the project would impact it and the initiatives proposed <br /> by the South Gateway. Dr. Varner then made a motion that Substitute Bill No. 64-98 be <br /> recommended unfavorably to the Council. The motion failed for the lack of a second. <br /> Councilmember Broden then made a motion, seconded by Councilmember Pfeifer that <br /> Substitute Bill No. 64-98 be recommended favorably to Council. The motion passed by a <br /> 3-1 vote with Dr. Varner being in the minority. <br /> Councilmember Hosinski then called upon Mr. Magliozzi to review Res. No. 98-143 <br /> which addresses the written Fiscal Plan and Policy for the proposed annexed area <br /> commonly known as the Kidder II Annexation (copy attached). Mr. Magliozzi noted that <br /> this is also a City-initiated annexation/rezoning which involves 43.56 acres. He then <br /> reviewed the details of the report. He noted that this is a non-contiguous annexation which <br /> meets the criteria of state law. He then showed the area with the assistance of an aerial <br /> photo. The proposed area would be added to the 1st Councilmanic District if approved. <br /> John Byorni noted that both the staff and the Area Plan Commission gave favorable <br /> recommendations with regard to Substitute Bill No. 65-98 addressing the annexation and <br /> rezoning of the proposed site. Upon questioning by the Council Attorney, it was noted that <br /> the developer, Kenny Kent would be present at the 7:00 p.m. Council meeting to provide <br /> further detail and respond to questions. <br /> Doug Carpender, Citizen Member, then made a motion, seconded by Councilmember <br /> Pfeifer that Substitute Bill No. 65-98 be recommended favorably to Council. The motion <br /> passed. <br /> Councilmember Hosinski then called upon Mr. Magliozzi to review Substitute Res. No. <br /> 98-144 (attached) which addresses the written Fiscal Plan and Policy for the proposed <br /> annexed area commonly known as the Herrman & Goetz Annexation. Mr. Magliozzi <br /> showed aerial photos of the proposed area. and noted that it meets the state law <br /> requirements for a non-contiguous annexation. The area in question encompasses 62.53 <br /> acres and he reviewed detail from the Fiscal Plan. <br /> Councilmember Sniadecki then joined the Committee meeting. <br /> John Byorni noted that both the staff and the Area Plan Commission gave unfavorable <br /> recommendations with regard to Substitute Bill No. 66-98 addressing the annexation and <br /> rezoning of the proposed site. <br /> Mr. John Peddycord, the attorney for the Petitioner, then made a presentation. He noted <br /> that the area had been M-Manufacturing since the 1960's. He further noted that the Kernan <br /> Administration asked that his client Herrman & Goetz move their vehicles to this site, <br /> which was done. He noted that there are no roads to the mining site and that there are no <br /> governmental records for this area. He noted that mining would be an indirect use with <br /> "D" light industrial being the primary use for the majority of the property in question. He <br /> also noted that Mr.Herrman has agreed to continue the mining operation, that it would be <br /> limited only to his company's needs,and that it would not have standing water. All of <br />