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HomeMy WebLinkAbout2010 04.06 City Council Regular AgendaPLEASE FILL OUT A “R,'^JEST TO SPEAK”FORM IF YOU WISH TO ADD,'^S THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARINL,.fEM. City ofApache Junction Home ofibe Superstition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219n. REGULAR MEETING AGENDA April 6,2010 7:00 PM A.CALL TO ORDER. B.INVOCATION AND PLEDGE OF ALLEGIANCE. C.ROLL CALL. D-CONSENT AGENDA. The Council may,at this time,take single action on any or ali items iisted as consent agenda items.These items may inciude,but are not limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting.Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter iater in the agenda. 1.Acceptance of Agenda. 2.Approval of Minutes of Regular Meeting of March 16,2010. 3.Consideration of Sixth Amendment to Cable System License Agreement Between Mediacom and City of Apache Junction (Temporary Extension). The City and Mediacom representatives are in active negotiations for an amended term of Mediacom’s Cable License which initially expired in the summer of 2009.Additional time is needed to determine Mediacom's compliance and to negotiate terms and conditions for another License term.Staff therefore requests that council authorize another temporary extension of the Cable License until May 18,2010.., Consideration of approval of settlement agreement with Colleen Powell in the amount of $3,000.00 stemming from Powell V.City of Apache Junction,USDC No.CV2009-026620PHX SRB. Based on the facts of the case,discovery so far received,and applicable law,it is recommended that councii settle this matter for the above-noted amount in exchange for a full release and dismissal of all counts with prejudice.This case invoived alleged civil rights violations as a result of a traffic stop on January 3,2009 and the subsequent prosecution resulting therefrom. n 4. E.AWARDS,PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. 5.PRESENTATION OF CERTIFICATE OF APPRECIATION TO TAYLOR H.SANFORD,JR. On March 18,2010 Mr.Taylor Sanford,Jr.donated $8,000 to the Arizona State Parks Foundation for the continued operation of the Lost Dutchman State Park (LDSP).According to Arizona State Parks staff,this donation will keep the park open for one of the three months during the summer of 2010 that LDSP otherwise would have been closed due to lack of funding resuiting from Legislative budget sweeps. PRESENTATION OF CHECK BY ARIZONA EARLY DAY GAS ENGINE AND TRACTOR ASSOCIATION. The Arizona Early Day Gas Engine (^*^Tractor Association has requested time to preset{*^iDepartmentScholarshipFund. PROCLAMATION DESIGNATING APRIL 2010 AS "FAIR HOUSING MONTH". Affirmatively Furthering Fair Housing prohibits discrirnination in housing on the basis of race,color,and national origin.The Cityrecognizesthatallhousingactivitiesshallbeconductedinamannerthataffirmativelypromotesfairhousing. PROCLAMATION DESIGNATING APRIL 18 -24,2010 AS "NATIONAL CRIME VICTIMS’RIGHTS WEEK." National Crime Victims'Rights Week reaffirms the commitment of Apache Junction to heiping victims of crime rebuiid their lives through supportive services and victim compensation. PROCLAMATION DESIGNATING APRIL 11 -17,2010 AS "NATIONAL PUBLIC SAFETY TELECOMMUNICATION WEEK." Nationai Public Safety Telecommunication Week recognizes telecommunicators for their outstanding service and commitment to health and safety. PROCLAMATION DESIGNATING APRIL 18 -24,2010 AS "NATIONAL VOLUNTEER WEEK",PRESENTATION BY STAFF ON UTILIZATION OF VOLUNTEERS IN THE APACHE JUNCTION POLICE DEPARTMENT. National Volunteer Week recognizes the contributions that our volunteers make every day to our community. F-ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events.However,no discussion shall take place onsuchitemsexceptforclarifyingcommentsrelatedtosubstance,time and location. G-CITY MANAGER’S REPORT. The City Manager,members of City staff or thos.e individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the .City.There shall however be no discussion at this time except for clarificationinquiries. r donation to the Parks and Recreation 7. 8. 9. 10. 11.MANAGER’S REPORT. H.PUBLIC HEARINGS. Pubiic hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.AllremarksshallbeaddressedtotheCouncilasawholeandnottoanymemberthereof.Such remarks shall be limited to five (5)minutes unlessadditionaltimeisgrantedbytheMayor.This time limitation shall not apply to applicants and their agents appearing before the Council. REQUEST BY TURF PARADISE FOR AN OFF-TRACK PARI-MUTUEL WAGERING LICENSE FOR A NEW OFF-TRACK BETTING LOCATION AT MIRAGE SPORTS GRILL. Turf Paradise Race Course had been operating an off-track betting location at Arizona Joe's,which was last approved on August 4, 2009 to extend to May 31,2012.With the closure of the Arizona Joe's location.Turf Paradise is now required to have another publichearingforMirageSportsGrill.The council is required to make a recommendation for approval or denial to be forwarded to the Arizona Department of Racing. PROPOSED RESOLUTION NO.09-63,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED ‘^2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC AND PARKING”;REPEALING ANY CONFLICTING PROVISIONS;ANDPROVIDINGFORSEVERABILITY. The city s traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since cityincorporationin1978andmanyarecurrentlyunenforceable.Staff recommends numerous changes to Chapter 12,includingprovisionsrelatingtodisabledparking,commercial trucks,parking citations,parking sanctions,unarmed police aides,and placementoftrafficandparkingsignsbythecityengineer. Consistent with A.R.S.§§9-801 and 9-802,Resolution No.09-63 declares the amendments a public record to avoid excessive postpassagepublicationcosts. PROPOSED ORDINANCE 1356,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BYREPEALINGCHAPTER12,TRAFFIC,IN ITS ENTIRETY;AND ADOPTING BY REFERENCE “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC ANDPARKING”ON FILE WITH THE CITY CLERK;REPEALING ANY CONFLICTING PROVISIONS;PROVIDINGFORSEVERABILITY;AND PROVIDING FOR PENALTIES. The City s traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since city 12. o 13. 14. incorporation in 1978 a/'^any are currently unenforceable.Staff recomme(^iumerous changes to Chapter 12,includingprovisionsrelatingtodisaoledparking,commercial trucks,parking citations,p'arKing sanctions,unarmed police aides,and placement of traffic and parking signs by the city engineer. Consistent with A.R.S.§9-802,Ordinance No.1356 adopts the 2010 Chapter 12 amendments by reference to.avoid excessive post passage publication costs. PROPOSED RESOLUTION NO.10-06,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENIT OF PUBLIC WORKS”; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs,it is necessary to revise Chapter 3 to allow the city engineer discretion to place such signs. 15. n Consistent with A.R.S.§§9-801 and 9-802,Resolution No.10-06 declares the amendments a public record to avoid excessive post passage publication costs. 16.PROPOSED ORDINANCE NO.1360,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS,IN ITS ENTIRETY;AND ADOPTING BY REFERENCE “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS”ON FILE WITH THE CITY CLERK;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs,it is necessary to revise Chapter 3 to allow the city engineer discretion to place such signs. Consistent with A.R.S.§9-802,Ordinance No.1360 adopts the 2010 Chapter 3 amendments by reference to avoid excessive post passage publication costs. 17.PROPOSED ORDINANCE NO.1361,CASE AM.3-09,AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS. On January 16,2007,the City Council approved Ordinance No.1279,which made comprehensive amendments to the Accessory Building regulations originally adopted in 1985.The final version of the ordinance revealed some inadvertent contradictions in the adopted language.Council gave Staff direction to revise the regulations,but other relevant amendments have taken precedent.On February 23rd of this year,the Commission finally heard the case,made their unanimous recommendation for approval of additional changes and those are now presented to Council. >•OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. n None. J-NEW BUSINESS. The Council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. 18.PRESENTATION,DISCUSSION AND CONSIDERATION OF RESOLUTION NO.10-07,DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CONESTOGA ROAD FROM JUNCTION STREET TO 1ST AVENUE DESCRIBED IN EXTINGUISHMENT CASE EX 2010-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED. Request for extinguishment of Federally Patented Easements on Conestoga Road between Junction Street and 1 st Avenue.Request was received from Mr.Charles (Rocky)and Mrs.Sandra Govert and supported by adjacent property owner Mr.Unique Perez. Mr.Govert has requested we expedite this process,as their dwelling was damaged in a storm,and they want to build a new home to replace it,and they need the easements area for set-back.The utility companies have no opposition to the extinguishments. The Public Works Department,Public Safety Department,Development Service Department and the Apache Junction Fire District recommend extinguishment of the roadway easements. 19.PRESENTATION,DISCUSSION AND CONSIDERATION OF RESOLUTION NO.10-08,WHICH AUTHORIZES CITY TO ENTER INTO if*VTERGOVERNMENTAL AGREEMENT(*^rH ARIZONA UNIVERSITY FOR PARTICIPaiTON IN THE ARIZONA VIOLENT DEATH REPORTING SYSTEM (AVDRS). Currently,seventeen states across the country have established systems that compile comprehensive data on violent deaths bycollectingdeathcertificates,medical examiner reports,and police department reports.The information from these documents is studied to help understand such criminal acts and inform communities,policy makers,planners,and decision makers on preventive programs that can be implemented.Approval of Resolution No.10-08 authorizes the city to enter into an intergovernmental agreementwithASUfordatasharingpurposes. THE STATE K.COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None. oL.SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: 20.EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.FOR MONDAY,APRIL 19,2010. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,APRIL 20,2010.OTHER MEETINGS IF NECESSARY. M.CALL TO PUBLIC. At this time the pubiic has the privilege to address the Council with requests,communications,comments or suggestions relating to Citybusinessthatarenotlistedontheagenda.All speakers must have already submitted a written “Request to Speak”form to the City ClerklaterthantheconclusionoftheCityManager’s Report portion of the agenda.If there is a group speaking on the same item,they should selectaspokesperson.All such remarks shall be addressed to the Council as a whole and not to any member thereof.The Mayor is authorized to askaspeakertostopspeakingandleavethepodiumortoadjournthemeetingifanyonebecomesdisorderly,uncivil,makes personal attackscontinues.tp speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of thecitytoact.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conciusion:1)respondtocriticismbyaspeaker;2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda.Eachspeakermustapproachthepodium,speak into the microphone,provide their name and address.There is a three (3)minute time limit perspeaker. 21. no or N.ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk’s office: 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8:00 a.m.to 5:00 p.m.,exciuding holidays nIfanypersonwithadisabilityneedsanytypeofaccommodation,please notify the Human Resources Office,at (480)474-2617 or (480)983-0095 (TDD)at least 72 hours prior to the scheduied time. ^■n n CITY COUNCIL, REGULAR MEETING MARCH 16,2010 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on March 16,2010,at the Apache Junction City Council Chambers pursuant to the notice required by law.n CALL TO ORDER Mayor Insalaco called the meeting to order at 7:02 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson n staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks &Recreation Director Jeff Bell Finance Director Donna Meinerts Planning Manager Fred Baker Human Resources Director Liz Riley Others Present:None. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 1 OF 7 n n ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO.09-65,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY DOMESTIC VIOLENCE FATALITY REVIEW TEAM;AND o THAT RESOLUTION NO.10-02,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL/ DEVELOPMENT AGREEMENT WITH PINAL ^COUNTY COMMUNITY COLLEGE DISTRICT,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. Unanimous.VOTE: The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Ms.Tess Nesser presented a $500 check to Mayor Insalaco for the 4th of July Fireworks Celebration. CITY MANAGER'S REPORT City Manager George Hoffman commented on the Arizona State Parks Board meeting in the council chambers tomorrow at 10 a.m.and that there will be a community meeting at Superstition Harley- Davidson on Thursday at 6:30 p.m.for community members to hear how they can help to keep Lost Dutchman State Park open. n ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented he attended the Antique Tractor and Engine Show this past weekend.He volunteered at the entrance booth and had conversations with people from all over the valley.There were over 3,000 people on Saturday and over 1,000 on Sunday.He also met people from Canada and one from REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 2 OF 7 nn He.thankedRussiawhowantstostartthesamethinginRussia, parks and recreation for working with them. Councilmember Barker commented Apache Greyhound Park hosted the first AJ Wiener Dog Race on Sunday.There were almost 100 dogs and they had people from all over the state.They are hoping it will come back next year.All the proceeds went to Greyhound Rescue. n PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms.Linda Rae Stewart,1899 S.Moreno,Apache Junction,addressed the council, all the money is going to children''s charities. She stated Mayor Insalaco opened the There being no one wishing topublichearingontheitem, speak,he closed the public hearing and reopened the item to There being no discussion,he called for acouncildiscussion, motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR ELKS LODGE #2349,SUBMITTED BY DENNY WALTER,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. n Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 3 OF 7 n n RESOLUTION NO.10-03,DECLARING THE 2010 AMENDMENTS TO THE CITY PERSONNEL RULES A PUBLIC RECORD/ ORDINANCE NO.1358,ADOPTING BY REFERENCE THE.2010 AMENDMENTS TO THE CITY PERSONNEL RULES Human Resources Director Liz Riley briefed the council on the items. nCityAttorneyJoelStern stated the public hearing would be for both items but they will need separate motions. Councilmember Barker They reallycommentedthatstaffdidagreatjobonthis, whittled it down and made it very succinct. Human Resources Director Liz Riley stated a lot of individuals in the city had input into the rules and on behalf of everybody that touched them she thanked her. Mayor Insalaco opened the There being no one wishing topublichearingontheitem, speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Coleman MOVED THAT RESOLUTION NO.10-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2010 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED. n Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 4 OF 7 n n Councilmember Coleman MOVED THAT ORDINANCE NO.1358 BE READ BY TITLE ONLY’AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. n The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Coleman MOVED THAT ORDINANCE NO.1358,AS READ BY THE'CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION.■ VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None.n COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 15,2010,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 5 OF 7 n n AND THAT AN EXECUTIVE SESSION AT 5:45 P.M.BE HELD ON TUESDAY, MARCH 16,2010,IN THE CITY COUNCIL CHAMBERS. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried.n CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:18 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 2,2010. 3.Consideration of Resolution No.09-65,authorizing the City of Apache Junction to enter into an intergovernmental agreement for participation in the East Valley Domestic Violence Fatality Review Team. 4.Consideration of Resolution No.authorizing the City of Apache Junction to enter into an intergovernmental/ development agreement with Pinal County Community College District. 10-02, n ACCEPTED THIS 6TH DAY OF APRIL,2010,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. -•SIGNED AND ATTESTED TO THIS 6TH DAY OF APRIL,2010. JOHN S.INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 6 OF 7 n n ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION n I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 16th day of March,2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of March,2010. KATHLEEN CONNELLY City Clerk n REGULAR MEETING OF THE CITY COUNCIL MARCH 16,2010 PAGE 7 OF 7 nn City ofApache Junction Home of the Superstition Mountains iSi Print TO:City Manager's Office R.Joei Stern,City Attorney April 6,2010 FROM: DATE: Agenda Type: Council Priority Focus Area: Regular Agenda Community Infrastructure TITLE OF AGENDA ITEM: Consideration of Sixth Amendment to Gable System License Agreement Between Mediacom and City of Apache Junction(Temporary Extension). ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: The City and Mediacom representatives are in active negotiations for an amended term of Mediacom’s Cable License which initially expired in the summer of 2009.Additional time is needed to determine Mediacom's compliance and to negotiate terms and conditions for another License term.Staff therefore requests that council authorize another temporaryextensionoftheCableLicenseuntilMay18,2010. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: n- RECOMMENDATION: Approval. ATTACHMENTS: Click to download Q Mediacom Renewal Extension ^61h Amendment n n SIXTH AMENDMENT TO CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM ARIZONA L.L.C.AND THE CITY OF APACHE JUNCTION (TEMPORARY EXTENSION) THIS AGREEMENT is made and entered into this day of ,2010,by and between the CITY OF APACHE JUNCTION,ARIZONA,an Arizona municipal corporation ("City”)and MEDIACOM ARIZONA,L.L.C.,a Delawarelimitedliabilitycompany(“Licensee”),also referred to collectively as the“Parties”. n WHEREAS,an Agreement was entered into between City and Triax Midwest Associates (Licensee's predecessor in interest)on August 17,1999andexpiredonAugust31,2004 (the “1999 Agreement”);and WHEREAS,on August 31,2004,City and Licensee entered a written amended agreement (the “2004 Amendment”)extending the originalagreementforfive(5)additional years effective August 31,2004 throughAugust31,2009;and WHEREAS,the Parties have since executed four temporary extensions of the expired term while new license terms have been discussed between the Parties;and WHEREAS,the Parties desire to extend the term again from April 6,2010throughMay4,2010 since license renewal negotiations are still pending. NOW,THEREFORE,in consideration of mutual promises contained herein and other good and valuable consideration,the receipt and adequacy ofwhichisherebyacknowledged,the Parties agree as set forth below: AMENDMENT OF AGREEMENT:The Agreement executed by the Parties August 31,2004 shall be amended as follows: A)Section 2,Grant of Authority,subsection (D)Term:This Agreement istemporarilyextendedeffectivefromApril6,2010 through May 18,2010. B)All other terms and provisions of the 1999 Agreement and the 2004 Amendment executed by the Parties shall remain in full force and effect until either is terminated or is extended by mutual written agreement. non nn IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. MEDIACOM ARIZONA,L.L.C a Delaware limited liability company n Bv:BRUCE GLUCKMAN Title:Vice President.Leoai &Regulatory Affairs J ■ CITY OF APACHE JUNCTION, an Arizona municipal corporation By:JOHN S.INSALACOTitle:Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: n RICHARD J.STERN City Attorney 2 n n STATE OF NEW YORK ) County of ORANGE ) The foregoing was acknowledged before me this 2010,by Bruce Gluckman on behalf of Mediacom Arizona,L.L.C.,a Delaware limited liability company. )ss. day of n Notary PublicMyCommissionExpires: (seal) STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing was acknowledged before me this 2010,by John S.Insalaco,the mayor of City of ApacheJunction,Arizona,an Arizona municipal corporation,who acknowledged thathesignedtheforegoinginstrumentonbehalfofCity. day of n Notary PublicMyCommissionExpires: (seal) 3 on City ofApache Junction Home of the Superstition Mountains (Si Print TO:City Manager's Office R.Joel Stern,City Attorney April 6,2010 FROM: DATE: n-Agenda Type: Council Priority Focus Area: Regular Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of approval of settlement agreement with Colleen Powell in the amount of $3,000.00 stemming from Powell v. City of Apache Junction,USDC No.CV2009-026620PHX SRB. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Based on the facts of the case,discovery so far received,and applicable law,it is recommended that council settle this matter for the above-noted amount in exchange for a full release and dismissal of all counts with prejudice.This case involved alleged civil rights violations as a result of a traffic stop on January 3,2009 and the subsequent prosecution resultingtherefrom. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Powell V.City Settlement Agreement n O03/11/2010 15:25 6022307377 ._TIDMQRE LAW OFFICES PASE 03/09 TLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement")is made and entered into by and between and among;COLLEEN POWELL ("the Claimant,"),THE CITY OF APACHE JUNCTION,SETH PAINTER,ERIC REIMANN,and MARY ANN COYNE ("the Defendants"),and is also for the third-party benefit of THE ARIZONA MUNICIPAL RISK RETENTION POOL (“the Insurer").The Claimant and the Defendants are collectively referred to herein as “the Parties,” n Recitals A.On or about January 3,2009,the Claimant alleges that Defendants assaulted her, falsely imprisoned her,maUciously prosecuted her,and violated her constitutional fights.The Claimant also alleges that she has suffered physical and personal injuries arising out oftheallegedactsoromissionsoftheDefendants,and has made a claim seeking monetarydamagesonaccountofthoseinjuries.The Claimant filed a complaint in the United States DisMct Court for the District of Arizona,entitled Colleen Powell v,City of Apache Junction,et al which bears the cause number CV2009-02662 PHX SRB (“the Complaint”). B.The Insurer is the liability insurer of the Defendants,and as such,would be obligatedtopayanyclaimmadeorjudgmentobtainedagainsttheDefendantswhichiscoveredbyitspolicywiththeDefendants. C.Despite the fact that liability has not been admitted regarding the claims asserted intheComplaint,the Parties desire to finally and fully resolve all past,present,and potentialdisputes,claims,and issues as between the Parties relating to or arising out of theComplaintandthefactsandcircumstancesthatgaverisetotheComplaint.As a result,thisSettlementAgreementhasbeennegotiatedandenteredintoinanefforttoavoidfurther expense,inconvenience,and the distraction of burdensome and protracted litigation.ThisSettlementAgreementisintendedtoresolveanydisputewhichmayexistbetweentheParties.The Parties desire to enter into this Settlement Agreement in order to provide forcertainpaymentsinfullsettlementanddischargeofallclaimswhichare,or might havebeen,the subject matter of the Complaint,upon the terms and conditions set forth below. n Settlement Agreement and Release I n TIDMORE LaOtICES03/11/2010 15:25 i307377 PAGE 04/09 Agreement The parties agree as follows: Release and Discharge In consideration of ,tile payments set forth in Section 2,the ClaimantherebycompletelyreleasesandforeverdischargestheDefendantsandtheInsurerfromanyandallpast,present or future claims,demands,obligations,actions,causes of action,wrongful death claims,rights,damages,costs,losses of services,expenses andcompensationofanynaturewhatsoever,whether based on a tort,contract,statutory or othertheoryofrecovery,which the Claimant now has,or which may hereafter accrue orotherwisebeacquired,on account of,or may in any way grow out of,or which are thesubjectoftheComplaint(and all related pleadings)including,without limitation,any andallknownorunknownclaimsforbodilyandpersonalinjuriestotheClaimant,or any futurewrongfuldeathclaimoftheClaimant’s representatives or heirs,which have resulted or mayresultfromtheallegedactsoromissionsoftheDefendants. 1.0 n 1.1 This release and discharge shall also apply to the Defendants’and theInsurer's past,present and future officers,directors,stockholders,attorneys,agents,insurers,servants,representatives,employees,subsidiaries,affiliates,partners,predecessorsandsuccessorsininterest,and assigns and all other persons,finns or corporations withwhomanyoftheformerhavebeen,are now,or may hereafter be affiliated. Tins release,on the part of the Claimant,shall be a fully binding andcompletesettlementamongtheClaimant,the Defendants,and the Insurer,and their heirs,assigns and successors. 1.2 1.3 ■ The Claimant acknowledges and agrees that the release and discharge setforthaboveisageneralrelease.The Claimant expressly waives and assumes the risk of any and all claims for damages which exist as of this date,but of which the Claimant doesnotknoworsuspecttoexist,whether tlirough ignorance,oversight,error,negligence,or .otherwise,and which,if known,would materially affect the Claimant’s decision to enterintothisSettlementAgreement.The Claimant further agrees that the Claimant hasacceptedpaymentofthesumsspecifiedhereinasacompletecompromiseofmattersinvolvingdisputedissuesoflawandfact.The Claimant assumes the risk that the facts orlawmaybeotherthantheClaimantbelieves.It is understood and agreed to by the partiesthatthissettlementisacompromiseofadoubtfulanddisputedclaim,and the paymentsnottobeconstruedasanadmissionofliabiUtyonthepartoftheDefendants,by whomliabilityisexpresslydenied. L4 n are SetHcment Agreement and Release 2 o o,03/11/2010 15:25 6022307377 TIDMORE LAW OFFICES PAGE 05/09 The Claimant warrants that out of tlie proceeds paid pursuant to Section 2 of this Settlement Agreement,she will satisfy any and all unpaid and unsatisfied hospital or medical bills and/or liens,including,but not limited to:ERISA liens,liens pursuant to A.R,S.§33-931 et seq.,liens falling under the arbric of Andrews v.Samaritan Health System^201 Ariz.379,36 P.3d 57 (App.2001);Blankenbaker v.Janovich,205,Ariz.383, 71 P.3d 910 (Ariz.2003);Maricopa County Barjield,206 Ariz.109,75 P.3d 714 (App. 2003),and that she will indemnify and hold harmless the Defendants,the Insurer and their insurance carriers,agents and representatives,spouses and dependants from any and all claims,demands,actions and causes of action,and all liability whatsoever,including,but not limited to,costs,attorneys'fees or judgments which might arise from an unpaid or unsatisfied hospital or medical bill and/or lien or lien of any other kind which might apply to the proceeds paid herein. 1.5 n 2.0 Payments In consideration of the release set forth above,the Insurer,on behalf of the Defendants, agrees to pay to tlie individual named below the sum of THREE THOUSAND DOLLARS (vSS000.00)payable to Colleen Powell and Tidmore Law Office. 3,0 Attorney’s Fees Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with the Complaint,this Settlement Agreement and the mattersanddocumentsreferredtoherein,the filing of a Dismissal of the Complaint,and all related matters. 4.0 Delivery of Dismissal with Prejudice Concurrently with the execution of this Settlement Agreement,counsel for theClaimantshalldelivertocounselfortheDefendants,or counsel for die Insurer,an executedStipulationforDismissalwithPrejudiceoftheComplaint.The Claimant hereby authorizescounselfor.the Defendants and/or counsel for the Insurer to file said Stipulation with theCourtandenteritasamatterofrecord. 5,0 Representations and Warranties In entering into this Settlement Agreement,the Claimant represents that theClaimanthasreliedupontheadviceofherattorneys,who are the attorneys of her ;choice,concerning the legal and income tax consequences of this Settlement Agreement;that the terms of tills Settlement Agreement have been completelyread and explainedot theClaimantbyherattorneys;and that the terms of this Settlement Agreement are fullyunderstoodandvoluntarilyacceptedbytheClaimant. n 5.1 own Settlement Agrccraent and Release 3 nn 03/11/2010 15:25 6b-i2307377 TIDMORE LAW UFFICES PAGE 06/09 This Settlement Agreement is the result of negotiations between Parties who have obtained legal advice concerning the meaning and effect of this Settlement Agreement,and they had sufficient time to consider the meaning and effect of thisSettlementAgreement. 5.2 n The enforceability of this Settlement Agreement is not affected by theprovisionsofanyotheragreementtowhichsuchpartyisapartyandwillnotconflictwith any provision of any law or regulation to which such party is subj ect. Any person executing this Settlement Agreement wmants that they have thefullauthoritytoenterintotheteimsandconditionsof,and to execute this Settlement Agreement on behalf of the party for whom they are signing,irrespective of the competencyofsuchparty. 6.0 Warranty ofCapacity to Execute Agreement The Claimant represents and warrants that no other person or entity has,or has had,any interest in the claims,demands,obligations or causes of action referred to in this Settlement Agreement,except as otlierwise set forth,herein;that the Claimant has the solerightandexclusiveautlioritytoexecutethisSettlementAgreementandreceivethesumsspecifiedinit;and that the Claimant has not sold,assigned,transferred,conveyedothemisedisposedofanyoftheclaims,demands,obligations or causes of action,referred to in this Settlement Agreement. 7.0 Scope of Releases Without limiting the generality of the foregoing,the full release of all claims provided above applies to all claims that are in any way related to the Complaint,including,but not limited to,claims in contract,tort,or any other common law theory,in law or inequity,or under any other applicable state or federal statute,or any claim,for .attorney's feesorotherdamages,costs or expenses of any kind or nature.Each party agreeing to a releaseherein,hereby expressly waives and fully,finally,and forever settles and releases anyknownorunknown,suspected or unsuspected,claim with respect to the Complaint,whetherornotconcealedorhidden,without regard to the subsequent discovery or existence of suchdifferentoradditionalfacts.The release of unknown,unanticipated or unsuspected lossesorclaimsiscontractual,and not a mere recital. 5.3 5.4 or n Settlement Agreement and Release 4 n o03/11/2010 15:25 B022307377 'TIDMORE LAW OFFICES ‘PAGE 07/09 $.0 Confidentiality The Claimant agrees that neither she nor her attorneys or representatives shall reveal to anyone,other than as may be mutually agreed to in writing,any of the terms of this Settlement Agreement or any of the amounts,numbers or terms and conditions of any sumspayabletodieClaimanthereunderexceptasmayberequired(a)for the enforcement of this Settlement Agreement,(b)to comply with an order of a court of competent jurisdiction,(c)for the purposes of financial reporting,the preparation of financial records,{e.g tax returns,financid statements,accountings)which shall be filed under seal,(d)as necessary to obtainapprovalofthisSettlementAgreementbytheCourt,If asked about the outcome of the Complaint,the Claimant agrees to say words to the effect of “the matter has settled.” 9.0 No Admission Nothing in this Settlement Agreement shall constitute an admission by any of tliePartiesofanyliabilityorwrongdoingwhatsoever,but this Settlement Agreement represents a compromise and settlement of disputed claims and an effort to avoid further litigation expenses.This Settlement Agreement and the fact of settlerHent of the Complaint,including all negotiations,discussions,and proceedings connected with it,leading up to the settlement,as well as any action taken to carry out the terms of thesettlement,shall not constitute any admission of liability or give rise to any presumptioninferenceofanyviolationofanystatuteorlaworofanyfault,wrongdoing,or iiabilitywhatsoever.Without limiting the foregoing,the Parties further agree that this SettlementAgreementdoesnotmanifestanacceptanceofanyotherparty’s factual or legal positionstakenorassertedintheComplaintorotherwise. n or 10.0 Severability If a court of competent jurisdiction declares any of the Settlement Agreement’sprovisionsunenforceable,the remaining provisions shall be enforced as though theAgreementdoesnotcontaintheunenforceableprovisions;provided,however,that theInsurer's obligation to pay the Settlement Amount to the Claimant is conditioned on the fullenforcementofthereleaseanddischargesetforthinSection1.0,and the dismissal of theComplaintwithprejudice. n 11.0 Governing Law and Construction This Settlement Agreement shall be construed and interpreted in accordance with thelawsoftheStateofArizona.This Settlement Agreement is the result of negotiationsbetweentheParties,each of which has been represented and advised by competentcounsel,so that any statute,case law,or rule of interpretation or construction that would ormightcauseanyprovisiontobeconstruedagainstthedrafterofthisSettlementAgreement Settlement Agreement and Release 5 n n03/11/2010 15:25 6022307377 TIDMORE LAW OFFICES PAGE 08/09 shall have no force and effect.Tlie Parties further agree that the language contained in,or not contained in,previous drafts of this Settlement Agreement shall have no bearing upon • the proper interpretation of this Settlement Agreement.This Settlement Agreement shall be construed and intej^eted to effectuate the intent of tlie Parties,which is to provide, through this Settlement Agreement,for a complete resolution of the Complaint.n 12.0 Additional Documents All parties agree to cooperate fully and execute any and all supplemental^documents and to take all additional actions which may he necessary or appropriate to give full force and effect to the basic terras and int^t of tliis Settlement Agreement 13,0 Entire Agreement and Successors in Interest This Settlement Agreement contains the entire agreement between the Claimant,the Defendants and the Insurer with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors,administrators,personal representatives, heirs;successors and assigns of each.This Settlement Agreement,as well as the documents contemplated hereunder to effectuate this Settlement Agreement,is a flxlly integrated document,containing the entire understanding among the Parties,and supersedes and integrates any prior understandings or written or oral agreements or negotiations among the Parties respecting the subject matter hereof. 14.0 Indulgences Not Waivers Except as otherwise provided herein,neither any failure nor any delay on the part of any party to exercise any right,remedy,power or privilege hereunder shall operate as a waiver thereof;nor shall any single or partial exercise of any right,remedy,power orprivilegehereunderprecludeanyotherorfurtherexercisethereoforofanyotherright,remedy,power or privilege. 15.0 Modifications and Amendments. This Settlement Agreement shall not be amended or modified except as may be inwritmgandsignedbyallpartiestothisSettlementAgreement. 16.0 Headings The headings used in this Settlement Agreement are used for convenience of reference only and do not constitute substantive matter to be considered in construing theterrasofthisSettlementAgreement. n. Settlement Agreement and Release 6 nn 03/11/2010 15:25 6022307377 TIDMORE LAW OFFICES PAGE 09/09 17.0 Recitals The Recitals set fortli herein are incorporated as a part of this Settlement Agreement, and the Parties represent and warrant the truth of all that is contained in the Recitals,as it applies to tlie party so representing.Tlie Parties agree that the covenants set forth herein are contractual and not mere recitals. 18.0 Counterparts and Facsimile This Settlement Agreement may be executed in any number of counteiparts,each ofwhichshallbedeemedtobeanoriginalas/against any party whose signature appearsthereonandallofwhichshalltogetherconstituteoneandthesameinstrumentSignaturesofthePartiesmaybesubmittedviafacsimile. O 19.0 Effectiveness This Settlement Agreement shall become effective immediately following executionbyeachoftheparties. Date:^S'-JO een Powell Approved as to form:O3nfoDate: MickL^vmO^^ Settlement Agreement and Release 7 nn ROLL CALL VOTE NOTES: h- n if (pi4MEETINGOFITEM# SECONDED BY:MOTION BY: ABSTAINEDNOYES COUNCILMEMBER DIETZ COUNCILMEMBER BARKER VICE MAYOR ECK 7COUNCILMEMBERCOLEMAN zCOUNCILMEMBERSERDY COUNCILMEMBER WILSON MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMOUi TOTAL CONSENT AGENDA ITEMS NO.1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT APPROVAL BE GIVEN FOR THE SIXTH AMENDMENT TO THE CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY OF APACHE JUNCTION FOR ANOTHER TEMPORARY EXTENSION TO MAY 18,2010 FOR ADDI(TIONAL TIME TO DETERMINE MEDIACOM’S COMPLIANCE AND TO NEGOTIATE TERMS AND CONDITIONS FOR ANOTHER LICENSE TERM;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT APPROVAL BE GIVEN FOR THE SETTLEMENT AGREEMENT BETWEEN COLLEEN POWELL AND THE CITY OF APACHE JUNCTION IN THE AMOUNT OF $3,000.00 STEMMING FROM POIFEZZ .V CITY OF APACHE JUNCTION,USDC NO. CV2009-026620PHX SRB. nn City ofApache ]unction Home of the Superstition Mountains ,g,Print TO:City Manager's Office Mayor John S.insaiaco April 6,2010 FROM: DATE: nr Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PRESENTATION OF CERTIFICATE OF APPRECIATION TO TAYLOR H.SANFORD,JR. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: On March 18,2010 Mr.Taylor Sanford,Jr.donated $8,000 to the Arizona State Parks Foundation for the continued operation of the Lost Dutchman State Park (LDSP).According to Arizona State Parks staff,this donation will keep the park open for one of the three months during the summer of 2010 that LDSP otherwise would have been closed due to lack of funding resulting from Legislative budget sweeps. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: n- RECOMMENDATION: ATTACHMENTS: Click to download D Idsp news article http://www.azcentral.com/comrf^;ty/pinal/articles/2010/03/20/201 0032Cf*^ona-lost Page 1 of 2 '21 ABIZOMA’S HOME PAGE Texan donates $8K to keep Lost Dutchman State Park open "It's not major charities but things that affect people locally,"he said. "I like to see where the money is going and what it's doing."n37commentsbyJimWalsh-Mar.20,2010 12:00 AM The Arizona Republic In this case,Sanford's donation is to a dedicated account set up for Lost Dutchman by the Arizona State Parks Foundation.With his donation,announced by Sariford at a meeting of about 120 people,the, philanthropist said he was attempting to kick-start donations to keep the park open. A philanthropic winter visitor from Texas stunned a crowd of Lost Dutchman State Park supporters by plunking down a check for $8,000,enough to keep the threatened park open for about one month. Taylor H.Sanford Jr.'s generosity culminated a meeting where Assistant Arizona State Parks Director Jay Ream told supporters hoping to keep the park open.that they need about $25,000 to keep the park open during the slow summer months. "I hope it encourages others to do something similar,"he said. Copyright ©2010,azcentral.com.All rights reserved.Users of this site agree to the Terms of Service and Privacy Policy/Your California Privacy Rights Sanford,who winters in the Leisure World retirement community in east Mesa and lives in Katy,Texas,said he read The Arizona Republic'saccount of the park's plight as legislative budget cuts threaten to close it June 3. 'We don't want to see it go,"Sanford said.n Hours before making the donation Thursday,Sanford,76,said he and a group of friends from Leisure World hiked four miles in the park. Advertisement HITPRINT firf'oi!Daas.Y Have you HEARD THE BUZZ?"I happen to be very fortunate.I'm good at managing my money,"said Sanford,a retired airline captain for defunct Trans World Airlines.He said one of his previous projects was funding Wilderness on Wheels,a wheelchair-accessible trail and campground in Colorado,in honor of his late wife,Jane Patterson Lee,who was disabled toward the end of her life. .-.r j J WHEN YOU TRADE IN''SdJ YOUR OLD PRINTER. OFfICOC-rPRQ DEUVERS sq%LESS COST-PER-PAGE THAN LASER. LtStUH a: HPXOM/OFFlCejEIPRO Print Powered By (SlFormatDynamicsj http://www.a2central.com/private/cleanprint/7l269536061496 3/25/2010 n nCityofApacheJunction Home of the Superstition Mountains Mm Print TO:City Manager's Office Parks and Recreation Department April 6,2010 FROM: DATE: n—X Agenda Type: Council Priority Focus Area: Reguiar Agenda TiTLE OF AGENDA iTEM: PRESENTATION OF CHECK BY ARIZONA EARLY DAY GAS ENGINE AND TRACTOR ASSOCIATION. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: The Arizona Early Day Gas Engine and Tractor Association has requested time to present their donation to the Parks and Recreation Department Scholarship Fund. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: Acceptance of Check ATTACHMENTS: Click to download No Attachments Available n nCityofApacheJunction Home of the Superstitio n Mountains ig,Print TO:City Manager's Office Heather Patei,Program Coordinator April 6,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Communication/Outreach TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 2010 AS "FAIR HOUSING MONTH". ACTION REQUESTED: Information Only (No discussion) DISCUSSION /BACKGROUND INFORMATION: Affirmatively Furthering Fair Housing prohibits discrimination in housing on the basis of race,coior,and nationai origin.TheCityrecognizesthatallhousingactivitiesshallbeconductedinamannerthataffirmativeiypromotesfairhousing. FISCAL IMPACT: OPTIONS /ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that the City Councii deciare Aprir2010 as Fair Housing Month. ATTACHMENTS: Click to download D Staff Report Q Proclamation nn City of Apache Junction Development Services Department MEMORANDUM n DATE:March 25,2010 TO:The Honorable Mayor and City Council THROUGH:George Hoffinan,City Manager Brad Steinke,Development Services Director Roger Hacker,Grants Specialist FROM:Heather Patel,Program Coordinator SUBJECT:2010 Fair Housing Proclamation REQUEST Staff respectfully requests that the City Council proclaim April 2010 as Fair Housing Month. This proclamation will fulfill one of the City’s requirements as a recipient of grant funds from the Arizona Department of Housing.If the proclamation is not made,the City’s ability to receive further funds would be limited. BACKGROUND Affirmatively Furthering Fair Housing was first included in the Fair Housing Act of 1964,which,inTitleVI,prohibited discrimination in housing on the basis of race,color,and national origin.This Act also required that the United States Department of Housing and Urban Development(“HUD”)administer its programs including the Community Development Block Grant (“CDBG”)program in a manner that affirmatively promotes fair housing. Title VIII of the Civil Rights Act of 1968 covered housing discrimination on the basis of race,color, religion,sex or national origin.Title VIII was amended in 1988 by the Fair Housing Act which added two categories of protected persons from housing discrimination:1)families with children (anyoneunder18);and 2)individuals with disabilities. The Housing and Community Development Act of 1974,as amended,in Section 104,specificallystatesthatcommunitiesshallaffirmativelyfurtherfairhousing.HUD regulations require that the state CDBG program affirmatively further fair housing.This Act requires each community to certify that itwillaffirmativelyfurtherfairhousing. n n n When a community is involved in the provision of housing or housing services,whether funded through CDBG or with other public funds,it must ensure that such programs are designed and implemented in a non-discriminatory way. n DISCUSSION The Arizona Department of Housing (“ADOH”),the regulatory agency,has indicated that each community must complete the minimum requirements to further fair housing.These minimum requirenients include: 1)Adopt a Fair Housing Proclamation or Resolution; 2)Display a Fair Housing poster in at least one public area of the community’s administration building/office year round;and Undertake at least one additional action that is specifically designed to further fair housing and/or educate the public about fair housing laws. 3) CuiTently,the City displays an English and Spanish Fair Housing poster in the lobby of the Development Services Department and undertakes several additional eligible activities that comply with the requirements of ADOH.These activities include the distribution of the State Fair Housing brochure and the attendance of the City’s Housing Staff at local/regional training relating to fair housing. If a declaration of Fair Housing Month is not adopted,the City will be in violation of the laws as identified above and the regulations set forth by HUD and ADOH,thus jeopardizing future funding through CDBG. n RECOMMENDATION Staff respectfully recommends that the City Council declare April 2010 as Fair Housing Month. ACTION REQUIRED The following actions are required: 1)The Council adopt the Proclamation declaring April 2010 as Fair Housing Month;and 2)The Mayor shall read the Proclamation aloud during the April 6,2010 Council meeting. Attachment 1:2010 Fair Housing Proclamation 2 nn FAIR HOUSING MONTH APRIL 2010 nWHEREAS,the National Fair Housing Law of 1986,as amended by the Fair Housing Amendments Act of 1988 prohibits discrimination in housing and declares it a national policy to provide within constitutional limits,for fair bousing in the United States;and WHEREAS,the principle of Fair Housing is not only national law and national policy but a fundamental human concept and entitlement for all Americans;and WHEREAS,April has traditionally been designated as Fair Housing Month in the United States; NOW,THEREFORE,I,John S.Insalaco,Mayor of the Cih'of Apache Junction,Arizona,do hereby proclaim April as FAIR HOUSING MONTH in Apache Junction and do hereby urge all citizens of this community to comply with the letter and spirit of the Fair Housing Law, Signed and attested to this '/tX-day of 2010. /P ft /f JOHN S.INSALACO Mayor n ATTEST: ;V i fKATHLEENCONNELLY City Clerk **^ 1 n n City ofApache Junction Home of ihe Superstition Mountains iSi Pfint TO:City Manager's Office Jerald Monahan,Chief of Police April 6,2010 FROM: DATE: Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 18-24,2010 AS "NATIONAL CRIME VICTIMS’RIGHTS WEEK.' ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: National Crime Victims'Rights Week reaffirms the commitment of Apache Junction to helping victims of crime rebuild their lives through supportive services and victim compensation. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download Q Procimation -Crime Victims Week nn rrociamat NATIONAL CRIME VICTIMS’RIGHTS WEEK April IS'*'-April 24'^2010 nWhereas,more than 33 million Americans are victims of crime each year;and victims may suffer emotional,physical,psychological and financial harm as a result of crime;and Whereas, Whereas,victim services and compensation programs across the country provide vital and supportive services.for victims that help individual,families and communities cope with the impact of crime;and the Victims of Crime Act (VOCA)passed by Congress in 1984,affirmed a national commitment to helping victims rebuild their lives by establishing the Crime Victims Fund,a major souce of funding for services and compensation to victims of crime throughout the Untied States;and the Fund comprises fine and penalties levied on offenders and affirms the principlethatthosewhocommitcrimsshouldbeheldaccountablefortheiractions;and the Crime Victims Fund provides support to states for victim services and victim compensation programs,as well as support for federal victims of crime,child abuse prosecution,emergency reserve to assist victims of terrorism,and trainingandtechnicalassistanceforthevictimservicesfield;and victim compensation programs pay for medical and counseling cost,funeral bills, crime scene cleanup and lost wages for victims of crime;and National Crime Victims’rights Week -April IS""-April 24‘\2010 -provides anopportunityforourcountrytorecognizetheVictimofCrimeActasamajorbedrockofsupportforvictimservicesandtoreaffirmburnation’s commitment to addressing the needs of victims of crime;and the City of Apache Junction is joining forces with victims services programs,criminal justice officials and concerned citizens throughout Apache Junction andAmericatoobservethe26“'anniversary of VOCA during National Crime Victims’ Rights Week; Whereas, Whereas, Whereas, Whereas, Whereas, nWhereas, NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction,Arizona,doherebyproclaimAprilis"*-April 24‘“,2010 as CRIME VICTIMS’RIGHTS WEEK in Apache Junction and reaffirm the commitment of Apache Junction to helping victims of crimerebuildtheirlivesthroughsupportiveservicesandvictimcompensationduringNationalCrimeVictims’Rights week and throughout the year. Signed and attested to this day of ,2010. JOHN INSALACO Mayor ATTEST: n n KATHLEEN CONNELLY City Clerk n n n nCityofApacheJunction Home of the Superstition Mountains Print TO:City Manager’s Office Jerald Monahan,Chief of Police April 6,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 11-17,2010 AS "NATIONAL PUBLIC SAFETY TELECOMMUNICATION WEEK.' ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: National Public Safety Telecommunication Week recognizes telecommunicators for their outstanding service and commitmenttopublichealthandsafety. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download D Proclaimation -Telecommunication Week oo Proclamation NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK April Il'''-April 17^2010 Whereas,the entire community can appreciate and recognize the professional 9-1-1 Telecommuiiicators who have impacted the lives of many;and Whereas,a group of professionals who are responsible for our nation’s first-line Homeland Secnrity on a daily basis;and Whereas,admire the professionals who have dedicated their lives to helping others by answering the call every single day and bearing tremendons responsibility;and o Whereas,during this week,all over the nation,ceremonies will be held and Telecommunicators will be recognized for their outstanding service and commitment to public health and safety;and Whereas,the dedication,hard work,anger,frustration,tears and smiles that go on every day,one call at a time,making the world a better place;and Whereas,appreciating the skills they bring to every emergency call no matter how serious or trivial which keeps our officers and the public safe;and Whereas,our country’s telcommunicators and 911 professionals are dedicated to meeting the technological demands placed upon them in our rapidly changing world even if it means making personal sacrifices during these troubled times;and Whereas,Telecommunicators are the behind the scenes heroes who make the difference in the lives of others; NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction,Arizona,doherebyproclaimAprilll"'-April I?"*,2010 as NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK in Apache Jnnction and urge our fellow citizens to show their appreciation by calling the Police Department and thanking the telecommunicators for their commitment to you and your family. They are the voice of comfort and compassion sending you 24 hours a day 7 days a week. nSignedandattestedtothisdayof,2010. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk n nCityofApacheJunction Home of ihe^Superstition Mountains ^Print TO:City Manager's Office Jeraid Monahan,Chief of Police April 6,2010 FROM: DATE: CD Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 18-24,2010 AS "NATIONAL VOLUNTEER WEEK",PRESENTATION BY STAFFONUTILIZATIONOFVOLUNTEERSINTHEAPACHEJUNCTIONPOLICEDEPARTMENT. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: National Volunteer Week recognizes the contributions that our volunteers make every day to our community. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download D Proclamation -Volunteer Week nn Frociamat n NATIONAL VOLUNTEER WEEK April IS'"-April 24‘\2010 oWhereas,the entire community can inspire,equip and mobilize people to take action that changes the world;and volunteers can connect with local community service opportunities through manycommunityserviceorganizations;and individuals and communities are at the center of social change discovering their power to make a difference;and Whereas, Whereas, Whereas,during this week,all over the nation,service projects will be performed and volunteers will be recognized for their commitment to service;and the giving of oneself in service to another employers the giver and the recipient;Whereas, and Whereas,experience teaches us that government by itself cannot solve all of our nation’s social problems;and Whereas,our country’s volunteer force of over 64 million people is a great treasure;and volunteers are vital to our future as caring and productive nation;andWhereas, NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction,Arizona,doherebyproclaimAprilIS"*-April 24*2010 as NATIONAL VOLUNTEER WEEK in Apache Junction and urge our fellow citizens to volunteer in their communities.Byvolunteeringandrecognizingthosewhoserve,we can replace disconnection with understandingandcompassion n- Signed and attested to this day of ,2010. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk n n City ofApache Junction Home ofihe Superstition Mountains iS,Print TO:City Manager's Office George Hoffman,City Manager April 6,2010 FROM: DATE: n'J Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download No Attachments Available n n PUBLIC HEARING n For REQUEST BY TURF PARADISE FOR AN OFF-TRACK PARI-MUTUEL WAGERING LICENSE FOR A NEW OFF-TRACK BETTING LOCATION AT MIRAGE SPORTS GRILL 1. 2.Will CITY CLERK KATHLEEN CONNELLYspeak to the Council? Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) If not,this hearing is closed. 3. 4. 5. Is there any discussion?6. Call for a motion.7. Call for a second.8. Roll call vote.9. n n nCityofApacheJunction Home of the Superstition Mountains iSi Print TO:City Manager's Office Kathy Conneily,City Clerk April 6,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: REQUEST BY TURF PARADISE FOR AN OFF-TRACK PARI-MUTUEL WAGERING LICENSE FOR A NEW OFF-TRACKBETTINGLOCATIONATMIRAGESPORTSGRILL. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Turf Paradise Race Course had been operating an off-track betting location at Arizona Joe's,which was last approved onAugust4,2009 to extend to May 31,2012.With the closure of the Arizona Joe's location,Turf Paradise is now required tohaveanotherpublichearingforMirageSportsGrill.The council is required to make a recommendation for approval or denialtobeforwardedtotheArizonaDepartmentofRacing. FISCAL IMPACT: OPTIONS /ALTERNATIVES: n RECOMMENDATION: ATTACHMENTS: Click to download D cover memo D turf paradise reque.st Q applicant letter D department memo D planning recommendation D police recommendation Q fire district recommendation n n Home of the Superstition A'foimtams n fylARCH 19,2010 MEMORANDUM TO:HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R.HOFFMAN,CITY MANAGER THROUGH KATHLEEN CONNELLY,CITY CLERK FROM:JAN MASON,DEPUTY CITY CLERK SUBJECT:AGENDA ITEM FOR APRIL 6,2010 (OFF TRACK V'/AGERING FACILITY AT MIRAGE SPORTS GRILL) A request for City Council approval of an Off Track Wagering facility at Mirage Sports Grill located at 1075 S.Idaho Road has been submitted by Turf Paradise Race Course on behalf of Turf Paradise.The previous location was Arizona Joe’s Restaurant,which had been approved last year for racing through May 31,2.012,Turf Paradise Is requesting the term of the license for Mirage Sports Grill be valid until that date. .This request was forwarded to the Police Department,Planning Division and Fire District and their comments are attached.The next step in this procedure is for the City Council to hold a public hearing on the request and make a recommendation for approval or denial which will be forwarded to the Arizona Racing Commission. n •Voice (480)982-8002 ■FAX (480)982-7018 •TDD (480)981-0095 ■www.ajcii^-.net 300 E.Superstition Boulevard,Apache Junction,A.7 S52!9 n c March 9,2010 Kathleen Conaelly Cit>'Clerk City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ.85219 n Dear Kathleen, Turf Paradise is hereby requesting an Off-track ParimuUiel Wagering license for a new Off-Track Belting location at Mirage Sports GrilL located at 1075 S.Idaho Rd.,Apache.function,Arizona.Turf Paradise's Permit to Operate Additional Wagering Facilitic.s issued from the Arizona Department of Racing is valid tlixaugh May 31,2012.Therefore, w'e ask that the term of the license for Mirage Sports Grill be valid until that date.A copy of the Permit to Operate Additional Wagering.Facilities is also included. (■ Applicant:David John.son,Agent Mirage Sports Grill 1075 S.Idaho Rd. Apache Junction,AZ.85220 Thank you for your attention to this matter.If you have any questions or concerns please contact me at (602)375-6431. n David Johnson Vice President 7.4' Turf Paradise' Turf Paradise Race Course ^1501 West Bell Road #•Phoenk,Arizona 85023 (602)942-1101 ^Fa.c (602)942-86.59 n n TELETRACK W AGERIKG PERMIT STATE OF ARIZONA TO: TP RACING,L.L.L.P. 2009-2010,2010-2011 &2011-2012 TimF PAILADLSE RACE COUME EUGENE T.JOYCE,GENERAL MANAGER nByvirtueoftlieauthority'vested in tlie Arizona Racing Commission (Commission)pursuant to theprovisionsotArizonaRevisedStatutesTitle5,Chapter 1,the Commission has.considered and approvedyourapplicationforaTeleuackWageringPermitaBtiPlanofOperationtoconductteietraokwageringeoncurrentiywiththeTurfParadiseratingprogram.The Penriittee shall conduct the teletrack wageringoperationpursuanttoRacingCommissionRules,Tltle,4,Teietracking.as tliey now e;vist or hereafter maybeadoptedoramended,and only according to the provisions of the Commission-approved Plan ofCperaiion,Any change to the Plan of Operation will be allowed only when approved in writing by theDirectoroftheArizonaDepartmentofRacing{Deparimen!}.This permit shall remain in effet for the 2009-20iO,2010-2011 &2011-2012 racing seasons as .set fortft in the ihrcu-vcar commercial arcingpermitissuedTPRacing,L.L.L.P, Feletrncldiig is to be conducted under the foilowintt terms and conditions; In all aspects,isletracklng shall be conducted in a'ccordatice with the laws of tlic State of Arizona and the rases of the Comsuission as they now exsst or liererdter may be amended or adopted and anydirectiveorpolicyissuedbytheCommi-ssion or the Director of the Department. ■A seprsntts application and plan of operation must be submitted for each tacility in accordancewiththeLawsoftheStateofArizona,and tite Rules of the Commission, Number of races to be conducted datily shall be those races on the daily jjrogram of turf Farad that have been approved by the Cornmission and those out-of-stale simulcasts that have been approved bytheDirectoroftheDepartment, The Permittee or additional facility'oprerator shall maintain order and prevent bookmaking andotherformsofillegalgamblingfromoccutringonthepremises..A Permittee shall not knowingly permitapersone.xcksded from the track,either by the Permittee’s owm action or by order of the Department orCommission,to patronize the pari-mutuel system of wagering through an additional wagering facility.The Depaiunent shall give the Permittee a rea.sonab!e period of time,after direct notice,to remedv an alleged violation, d.The mutuel department shall be under the supervision of the .State MuUtel Supervisor,Auditor, Inv estigaior.or other official designated by the Director. It shall be the responsibility of the Permiaec to provide ilte Department witlt copies of the in.s'urance carried on the adclitional wagerirtg facilitie.s, The insurance,deposit and performance bond imd-er the permit issued to TP Racing.fi)rracingatTurfParadisearepartofthispermit. I he Permittee must provide a system capable of ensuring that money wagered on a pariicular race is included in the pari-miituei pool of the racetrack conducting the nice, 2, ise 4. o 6. 7, 8. n n 9,The Permittee must provide a system capable of ensuring those pari-mutuel machines at each additional facility lock upon the ringing of the off-beli or upon the closing of wagering for any reason,• -Approved:December 9,2009 ii WITNESS THE.ARIZOK’A RACING COMMISSION at Phoenix,Arizona,this 2/ .2009. dav of n BY ORDER OF THE COMMISSION ARIZONA DEPARTMENT OF RACING i-lJiS A iilARQUeZ^Cg^C^^GlH|ECTOR ACCEPTANCE The foregoing permit is accepted as written and we further agree to abide by the terms and conditions contained herein. TP RACING,L.L.L.P izi .■u EUGENE T,JOY'Ci GENERAL MANAGER y n 9 n n Home of the Superstition Mountains n March 11,2010 David Johnson,Agent Mirage Sports Grill 1075 S.Idaho Road Apache Junction,AZ 85119 Dear Mr,Johnson: Please be advised that your request for consideration of an Off-Track Wagering permit at Mirage Sports Grill located at 1075 S.Idaho Road,Apache Junction,Arizona,will be heard by the City Council at their regular meeting of April 6,2010 at 7:00 p,m.in the City CouncilChambers,300 E,Superstition Blvd-,Apache junction. Please note that the City Council frequently has questions for an applicant.It is strongly recommended that you or your representative attend this meeting in order to avoid any delays in the processing of your application, !f you have any questions,please contact me at (480)474-5068. Sincerely,n Kathleen Connelly City Clerk •Voice (480)982-8002 •FAX f480)982-7018 •TDD (4S0)982-0095 •wmv.ajcify.net ,100 E,Superstition Boulevard,Apache Junction,A2 85219 n n Home of the Superstition iXfountaim n MARCH 11 2010 DEPARTMENT OF PUBLIC SAFETY.ADMIN SGT. PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT MEMORANDUM TO; KATHLEEN CONNELLY,CITY CLERKTHROUGH: JAN MASON,DEPUTY CITY CLERK OFF TRACK WAGERING FACILITY AT MIRAGE SPORTS GRILL FROM: SUBJECT: A request for City Council approval for an Off Track Wagering permit at Mirage Sports Grill located at 1075 S.Idaho Road has been submitted by Turf Paradise Race Course on behalf of Turf Paradise,The previous location was Arizona Joe’s Restaurant, Please conduct the necessary inspections and submit your recommendation by email by Thursday,March 18,2QT 0 so that I can get this on the agenda for the meeting of April 6,2010, n •Voice (480)98'2-8002 •FAX (480)982-7018 •TDD (480)983-0095 •www,ajcity.rtet 300 E.Superstition Boulevard,Apache Junction,AZ 85219 n n Janet Mason From: Sent:ToJd Kennedy Iftennedy@AJCity,Nei]Monday,March 15,2010 11;01 AM Fred Baker Janet Mason RE:off track wagering facility at Mirage Sports Grill To: Cc: Subject: Jan, Planning has no issues with this application n Todd C,Kennedy Assistant Planner City of Apache Junction 300 E.Superstition Blvd. Apache Junction.AZ 85219 (480}474^3093 tkennedv@aicitv.ne! From:Fred Baker Sent;Monday,March 15,2010 8:45 AM To:Todd Kennedy Cc;Janet Mason Subject:PnV:off track wagering facility at Mirage Sports Grill Please review and meet the early dealirse, From:Janet Mason [mailto;jmason@ajc[ty.n6l:]Sent:Friday,March 12,2010 4:56 PM To:Brett Jackson;Carlena Lawson;Dave Montgomery;Fred Baker Subject:off track wagering facility at Mirage Sports Grill Turf Paradise is relocating their 0TB facility to Mirage Sports Griii.Please have your department recommendation tonolaterthanThursday,March 18,as 1 will be on vacation the next week and need to have this finished before I leave. Thanks for your assistance. me n Janet Mason Deputy city Clerk City Of Apache Junction 300 E.Superstition Bivd. Apache Junction,AZ 85119 480-474-5068 i.ma5on@aidtv,net Service Over and Above the Rest This message and the information within is intended for the recipient.If you received thisemaiiinerror,please notify the sender and then delete the email.Emails generated bymembersorCitystaffpertainingtoCitybusinessarepublicrecordsandarepreservedaccordingtotheCity's records retention schedule.To ensure compliance with the OpenMeetingUw,members of the City Council should not forward email correspondence to other counci 1 nn Lieutenant “Bureau of Patrol March 17,2008 n SUBJECT:Miracje Sports Ort1l Off Track Wagering Requegl TO;Chief Jerald Monahan FROM;Lieutenant Brett Jackson I Captain Arnold FreemanTHROUGH: Attachments: C.A,D.Report #081101810 (Noise Disturbance) CAD.Report #090100415 (Fight) C.A.D.Report #090200426 (Harassment) C.A,D.Report #090200611 (Theft) C,A,D,Report #090202947 (Simple Assault) C.A.D,Report #090701980 (Injured Person(s)) C.A.D,Report #090800604 (Disturbance) C.A.D.Report #091001094 (Disturbance) C.A.D.Report #091102580 (Theft) C.A.D.Report #100200061 ((Assist) C.A.D,Report #100200583 (Fight) CAD.Report #100202329 (Fight) The Apache Junction Police Department is in receipt of a request for approval of an Off-Track Wagering facility to be placed inside the Mirage Sports Grill,1075 S.Idaho Rd.Apache Junction,The request is being made by David Johnson,Turf Paradise Vice President.n Since November of 2008 the Apache Junction Police Department has responded to twelve (12)calls for service at the business which range from disturbances, fights,thefts and calls for assistance, service are listed above. The calls for Mirage Sports Grill is owned and operated by Jeffery and Helen Woodruff who are in mutual agreement with Turf Paradise on placing the Off Track Wagering Office inside their business.A large closet inside the north east section of their business will be renovated into the Vi/agering office with the approval of the request. n n Jeffery and Helen Woodruff have Ho significant contact with The Apache Junction Police Department, Therefore,.The Apache Junction Police Department does not oppose the request for an off track wagering office to be placed inside the Mirage Sports Grill. n n n n ROLL CALL VOTE - /NOTES: n MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDYESNO2COUNCILMEMBERCOLEMAN COUNCILMEMBER DIETZ i COUNCILMEMBER SERDY COUNCILMEMBER BARKER 7COUNCILMEMBERWILSON VICE MAYOR ECK MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMO TOTAL ITEM NO.12 I MOVE THAT THE APPLICATION FOR AN OFF-TRACK WAGERING LICENSE FOR A NEW OFF-TRACK BETTING LOCATION AT MIRAGE SPORTS GRILL,SUBMITTED ON BEHALF OF TURF PARADISE RACE COURSE,BE RECOMMENDED FOR (APPROVAL) OR (DENIAL)TO THE ARIZONA DEPARTMENT OF RACING. n n PUBLIC HEARING o For PROPOSED RESOLUTION NO.09-63,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I, CHAPTER 12 TRAFFIC AND PARKING” 1. 2.Will POLICE CHIEF JERALD MONAHAN speak to the Council? Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 3. 4. (6 If not,this hearing is closed.5. Is there any discussion?6. Call for a motion.7. Call for a second.8. 9.Roll call vote.n n nCityofApacheJunction Home oj the Superstition Mountains [Si Print TO:City Manager's Office Jeraid Monahan,Poiice Chief April s,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Public Safety TITLE OF AGENDA ITEM; PROPOSED RESOLUTION NO.09-63,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITHTHECITYCLERKENTITLED“2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12TRAFFICANDPARKING";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: The city s traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amendedsincecityincorporationin1978andmanyarecurrentlyunenforceable.Staff recommends numerous changes to Chapter 12,iricluding provisions relating to disabled parking,commercial trucks,parking citations,parking sanctions,unarmed policeaides,and placement of traffic and parking signs by the city engineer. Consistent with A.R.S.§§9-801 and 9-802,Resolution No.09-63 declares the amendments a public record to avoidexcessivepost-passage publication costs. FISCAL IMPACT: Budgetary Approval Not Required n OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download □Resolution No.09-6.S D 2010 Chapter 12 Amendments n n RESOLUTION NO.09-63 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE,CITY CLERK ENTITLED "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC AND PARKING"; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.n WHEREAS,Arizona Revised Statutes Annotated (hereinafter )§9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text -as long as the adopting ordinance is published in full text and at least three copies of the..code or public record are filed in the office of the city'clerk and are made available for public use and inspection;and \\A.R.S.ft WHEREAS,Ordinance No.1356 adopts by reference staff-recommended modifications set forth Amendments to the Apache Junction City Code, 12,Traffic and Parking";and certain 2010 Volume I,Chapter the \\in WHEREAS,it amendments as a public record, in the Office of the ■City Clerk. is the intent of the City-,to declare the three copies of which are on file NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AS FOLLOWS: SECTION I IN GENERAL n That certain document entitled Junction City Code, three copies of which Clerk declared to be a public record, public use and inspection,and shall remain on file with the City Clerk. 2010 Amendments to the Apache Volume I,Chapter 12,Traffic and Parking", are on file in the office of the City the City of Apache Junction,Arizona,is hereby shall be made available for \\ of RESOLUTION NO.09-63 PAGE 1 OF 2 nn SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY n If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ,2010.DAY OFAPACHEJUNCTION,ARIZONA,THIS ,2010.SIGNED AND ATTESTED TO THIS DAY OF JOHN S.INSALACO Mayor ATTEST: n KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney RESOLUTION NO.09-63 PAGE 2 OF 2 nn ROLL CALL VOTE £NOTES: n Z:7 1^1 ^3 MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDNOYES COUNCILMEMBER SERDY VICE MAYOR ECK COUNCILMEMBER DIETZ COUNCILMEMBER WILSON 7COUNCILMEMBERCOLEMAN COUNCILMEMBER BARKER MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMO TOTAL (*- ITEM NO.13 V I MOVE RESOLUTION NO.09-63,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC AND PARKING”;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,(BE APPROVED)OR (BE DENIED).. nn PUBLIC HEARING n For PROPOSED ORDINANCE NO.1356,AMENDING VOLUME 1 OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 12 TRAFFIC,IN ITS ENTIRETY,AND ADOPTING BY REFERENCE “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12 TRAFFIC AND PARKING” 1. Will POLICE CHIEF JERALD MONAHAN speak to the Council?2. Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) If not,this hearing is closed. 3. 4. 5. Is there any discussion?6. Call for a motion.7. Call for a second.8. n 9.Roll call vote. nn Home of the Superstition Mountains iSi Print TO:City Manager's Office Jerald Monahan,Police Chief April 6,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Public Safety TITLE OF AGENDA ITEM: PROPOSED ORDINANCE 1356,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALINGCHAPTER12,TRAFFIC,IN ITS ENTIRETY;AND ADOPTING BY REFERENCE “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC AND PARKING”ON FILE WITH THE CITY CLERK;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: The City's traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since city incorporation in 1978 and many are currently unenforceable.Staff recommends numerous changes to Chapter 12,including provisions relating to disabled parking,commercial trucks,parking citations,parking sanctions,unarmed policeaides,and placement of traffic and parking signs by the city engineer. Consistent with A.R.S.§9-802,Ordinance No.1356 adopts the 2010 Chapter 12 amendments by reference to avoid excessive post-passage publication costs. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Ordinance 1356 Q 2010 Chapter 12 Amendments n n ORDINANCE NO.1356 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 12,TRAFFIC,IN ITS ENTIRETY;AND ADOPTING BY REFERENCE "2010'AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12, TRAFFIC AND PARKING //ON FILE WITH THE CITY CLERK; REPEALING ANY CONFLICTING ,PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES. n WHEREAS,the current version of the Apache Junction City Code,Volume I,Chapter 12,Traffic,has not been comprehensively amended since city incorporation in 1978;and '' WHEREAS,many provisions of Chapter 12 are unenforceable;and WHEREAS,'the disabled parking state statutes have also changedsincecityincorporationbutthecurrentChapter12versionisnot consistent therewith;and WHEREAS, and their loads on city streets enforceability purposes;and the rules relating to parking of commercial trucks also need to be adjusted for WHEREAS,the issuance of-parking citations in the city limitsisdifficultduetoantiquatedprovisions;and WHEREAS,a progressive monetary sanction schedule for parkingviolationsneedstobeinplaceandacivilhearingprocessforparkingcitationsshouldbeestablishedaffordingallcitation recipients due process of law;and -nwhilestatelawnowallowsunarmedpoliceaidestoissueparkingandstandingviolationsandauxiliaryvolunteersto issue disabled parking citations,such authority is hot set forth in the current city code;and WHEREAS, WHEREAS,the designated commercial truck route mapvehicleweightrestrictionsofChapter12 in the also needs serious revision to more accurately reflect the City's street circulation system;and ,,,_. WHEREAS,to avoid unnecessary delays and to promote publicsafety,the decision to place traffic and parking signage and implementation thereof should be collectively vested in the cityengineer;and ORDINANCE NO.1356 PAGE 1 OF 3 nn WHEREAS,Resolution No.09-63 declares as a public record the 2010 Amendments to the Apache Junction City- Code,Volume I,Chapter 12,Traffic and Parking";and WHEREAS,A.R.S.§9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use 'and inspection;and document entitled \\ n WHEREAS,pursuant to A.R.S.§§9-801(1)and 9-802,it is the intent of the Council to adopt by reference the recommended traffic code and parking amendments. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL 1.Existing Apache Junction City Code,Volume I,Chapter 12, Traffic,is hereby repealed. 2 .That certain document known as the 2 010.Amendments to the Apache Junction City Code,Volume I,Chapter 12,Traffic and Parking",three copies of which are on file in the office of the City Clerk,which document was made a public record by Resolution No.09-63 of the City of Apache Junction,is hereby referred to,adopted and made a part hereof as if fully set out in this ordinance,pursuant to A.R.S.§9-802. SECTION II REPEALING ANY CONFLICTING ORDINANCESn All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO.1356 PAGE 2 OF 3 n n SECTION IV PROVIDING FOR PENALTIES Violations of Apache Junction City Code,Volume I,Chapter 12,shall be punishable as civil traffic infractions unless otherwiseindicatedinthe2010amendments. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,.THIS 2010 . DAY OF n SIGNED AND ATTESTED TO THIS DAY OF ,2010. JOHN S.■INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney n ORDINANCE NO.1356 PAGE 3 OF 3 nn 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE VOLUME I CHAPTER 12 TRAFFIC AND PARKING Article 12-1 ADMINISTRATIONn §12-1-1 §12-1-2 §12-1-3 §12-1-4 §12-1-5 Duty of Police Department Records of Traffic Violations Traffic Accident Investigations Traffic Accident Studies Traffic Accident Reports Article 12-2 TRAFFIC CONTROL §12-2-1 §12-2-2 §12-2-3 Directing Traffic Obedience'to Traffic Regulations Use of Coasters,Roller Skates and Similar Devices Restricted Traffic Control Devices Authority to Designate Crosswalks;Establish Safety Zones and Mark Traffic Lanes Authority to Place and Obedience to Turning Markers Authority to Place and Obedience to Restricted Turn Signs Limitations on Turning Around One-way Streets and Alleys Regulation of Traffic at Intersections Drivers to Obey Signs Processions Speed in Alleys Vehicle Door as Traffic Obstruction Unnecessary Vehicle Noise §12-2-4 §12-2-5 §12-2-6 §12-2-7 §12-2-8 §12-2-9 §12-2-10 §12-2-11 §12-2-12 §12-2-13 §12-2-14 §12-2-15 n Article 12-3 PARKING §12-3-1 §12-3-2 §12-3-3 §12-3-4 §12-3-5 §12-3-6 §12-3-7 §12-3-8 §12-3-9 Method of Parking Blocking Traffic Parking Adjacent to Schools Authority to Erect Signs Restricting Parking Parking Vehicles on Sidewalks Abandoned Vehicles Fire Lanes Disabled Parking Parking Trucks,Trailers and Similar Vehicles in 1 n n Residential Areas Unattended Motor Vehicles Authority to Place Parking Restriction Signage §12-3-10 §12-3-11 Article 12-4 PARKING VIOLATIONS,LIABILITY AND ENFORCEMENTL §12-4-1 §12-4-2 §12-4-3 §12-4-4 §12-4-5 §12-4-6 §12-4-7 §12-4-8 Definitions Parking Violations and Persons Liable Unarmed Police Aides Volunteer Parking Enforcement Parking Notice Issuance Response to Parking Notice Schedule of Sanctions Penalties n Article 12-5 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS §12-5-1 Weight Restrictions Within Residential Areas and Other Roads Weight Restrictions on Mile Grid Roadways,U.S. Highways and State Routes Exemptions Weighing of Vehicles Unlawful Weight Damage to the Street Overweight Permits Penalties Designated Truck Routes §12-5-2 §12-5-3 §12-5-4 §12-5-5 §12-5-6 §12-5-7 §12-5-8 §12-5-9 n 2 nn CHAPTER 12 TRAFFIC AND PARKING Article 12-1 ADMINISTRATION Section 12-1-1 12-1-2 12-1-3 12-1-4 12-1-5 Duty of Police Department Records of Traffic Violations Traffic Accident Investigations Traffic Accident Studies Traffic Accident Reports n §12-1-1 Duty of Police Department (A)It shall be the duty of the police department under the direction of the public safety director (hereinafter the "chief of police")to,provide for the enforcement of the street traffic regulations of the city and all of the state vehicle laws applicable to street ,traffic in the city,to make arrests for traffic violations,to investigate accidents and to assist in developing ways and means to improve traffic conditions and to carry out all duties specially imposed upon the police department by this chapter. (B)Any peace officer or duly authorized agent of the city may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any chapter of this code,and to serve a copy of the traffic complaint for any alleged civil -or criminal violation of this article. n §12-1-2 Records of Traffic Violations ,(A)The police department shall keep a record of all violations of the traffic laws of the city or of the state vehicle laws of which any person has been charged consistent with federal and state law. (B)All forms for records of violations and notices shall be serially numbered.For each month and year a written record shall be kept available to the public showing the disposal of all such forms. (C)All records and reports shall be open to the public,subject to privacy and confidential considerations set forth in federal and state statutes as interpreted under common law. 3 n n §12-1-3 Traffic Accident Investigations It shall be the duty of the police department to investigate assist in the prosecution of violations of law causing traffic accidents and to arrest and those persons charged with contributing to such accidents. or n §12-1-4 Traffic Accident Studies Whenever the accidents at any particular location become the city engineer or traffic engineer shall conduct studies of the accidents and determine remedial measures. numerous §12-1-5 Traffic Accident Reports (A)The police department shall maintain a suitable system offilingtrafficaccidentreports.Accident reports shall be filed by case number. (B)The police department shall receive and properly file all accident reports made to it under,applicable law. Article 12-2 TRAFFIC CONTROL Section 12-2-1 12-2-2 12-2-3 Directing Traffic Obedience to Traffic Regulations Use of Coasters,Roller Skates and Similar Devices Restricted Traffic Control Devices Authority to Designate Crosswalks;Establish Safety Zones and Mark Traffic Lanes Authority to Place and Obedience to Turning Markers Authority to Place and Obedience to Restricted Turn Signs Limitations on Turning Around One-way Streets and Alleys Regulation of Traffic at Intersections’ Drivers to Obey Signs Processions Speed in Alleys Vehicle Door as Traffic Obstruction Unnecessary Vehicle Noise n12-2-4 12-2-5 12-2-6 12-2-7 12-2-8 12-2-9 12-2-10 12-2-11 12-2-12 12-2-13 12-2-14 12-2-15 4 on §12-2-1 Directing Traffic Officers and/or auxiliary patrol of the police department are hereby authorized to.direct all traffic by voice,hand or signal. §12-2-2 Obedience to Traffic Regulationsn No person shall do any act forbidden or fail to perform any act required by this chapter.No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer. §12-2-3 Use of Coasters,Roller Skates and Similar Devices Restricted No person upon roller skates or riding any coaster,toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk and,when crossing,the person shall be granted all of the rights .and shall be subject,to all of the duties applicable to pedestrians. §12-2-4 Traffic Control Devices (A)The public works department,at the direction of the city engineer or traffic engineer,shall place and maintain traffic control devices,signs and signals when,and as required,under the traffic regulations of the city,(and the most current version of the Manual on Uniform Traffic Control Devices),to make effective the provisions of the regulations,and may place and maintain such additional traffic control devices as may be deemed necessary to regulate,guide or warn traffic under the traffic laws of the city or under state law. n In public right-of-ways or public easements, the police department will provide enforcement services of these devices. B)The .driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic regulations of the city unless otherwise directed by a police officer,subject to the exceptions granted in this chapter or by state law. §12-2-5 Authority to Designate Crosswalks,Establish Safety Zones and Mark Traffic Lanes The city engineer or traffic engineer is hereby authorized to: 5 n n (A)Designate and maintain,by appropriate devices, crosswalks at intersections to pedestrians crossing the may be deemed necessary; marks or lines upon the surface of the roadway, where there is particular danger roadway,and at such other places as (B)Establish safety zones of such kind and character and at such places as may be deemed necessary pedestrians;and nfortheprotectionof (C)Mark lanes for traffic on street pavements at such places as may be deemed advisable consistent with the traffic laws of the city. §12-2-6 Authority to Place and Obedience to Turning Markers (A)The city engineer or traffic engineer is authorized to place markers.buttons or signs within or adjacent to intersections indicating the course to be-traveled by vehicles turning at such intersections,and such course to be traveled as so indicated mayconformtoorbeotherthanasprescribedbylaw. (B)When authorized markers, placed within an intersection indicating the course to be traveled by turning vehicles, directions of those indications. buttons or other indications are no driver of a vehicle shall disobey the §12-2-7 Authority to Place and Obedience to Restricted Turn Signs (A)(1)The city engineer or traffic authorized to determine those intersections vehicles shall not make a -right,left or proper signs at such intersections.' engineer is hereby at which drivers of u-turn and shall place n (2)The making of such turns may be prohibited between certain hours of any day and permitted at other hours,i event the same in which shall be plainly indicated on the signs or suchsignsmayberemovedwhensuchturnsarepermitted. (B)Whenever authorized signs are erected indicating that right or left or u-turn is permitted,no driver of a vehicle shall disobey the directions of any such sign. no 6 n §12-2-8 Limitations on Turning Around The 'driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless the movement can be made in safety and without interfering with other traffic. n §12-2-9 One-way Streets,and Alleys (A)The city engineer or traffic engineer shall designate any streets or alleys which are to be limited to one-way traffic. (1)The city engineer or traffic engineer shall place and maintain signs giving notice thereof,and no such regulation shall be effective unless the signs are in place. (B) (2)Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. §12-2-10 Regulation of Traffic at Intersections (A)The city engineer or traffic engineer shall designate through streets,intersections,where stops are required and intersections where vehicles shall yield the right-of-way. (B)The city engineer or traffic engineer shall designate any through street or intersection where vehicles are to stop or yield the right-of-way. n The city engineer or traffic engineer shall erect and maintain the appropriate signs at 'every location where a vehicle must stop or yield the right-of-way. (C) §12-2-11 Drivers to Obey Signs Whenever traffic signs are erected as provided in this chapter, every driver of a vehicle shall obey those signs unless directed to proceed by a police officer or a traffic control signal.No driver shall drive upon or through any private property such as an oil station,corner or vacant lot or similar property to avoid obedience to any regulation included in this chapter. 7 n n §12-2-12 Processions (A)No procession or parade,except funeral processions,shall be held without first securing a permit from the police chief,and all such requests for permits shall state the time,place of formation,proposed line of march,destination and other information as the police chief may request. n(B)A funeral procession composed of a procession of vehicles shall be identified by such methods .as may be determined and designated by the police chief. (C)No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they in motion and when the vehicles are.conspicuously designated.This provision controlled by traffic control signals or a police officer. are shall not apply at intersections where traffic is (D)Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. §12-2-13 Speed in Alleys It shall be unlawful for any person to operate a motor vehicle upon or through a public alley or any part thereof at a speed greater than ten (10)miles per hour. §12-2-14 Vehicle Door as Traffic Obstruction No person shall open the door adjacent to moving traffic unless and until it is reasonably safe to do so, motor vehicle adjacent longer than necessary to load or unload passengers. of a motor vehicle on the side n nor shall any person leave a door open on the side of a to moving traffic for a period of time §12-2-15 Unnecessary Vehicle Noise (A)No person shall intentionally operate any vehicle at such straight of way or turn,or accelerate or such a manner as to create loud 'and noise through the squealing of tires or to cause damage to the roadway. a speed on a curve, decelerate such vehicle in unreasonable pavement, surface of the roadway to be displaced in any manner includingthrowingdirt,gravel, upon the surface into the air. upon the or to cause the stone or other roadway surface or material 8 nn (B)No person shall violate any of the.provisions ofsubsection(A)above^while upon the surface of any parking lotparkingspaceofanypublicplace. or Article 12-3 PARKING n Section 12-3-1 12-3-2 12-3-3 12-3-4 12-3-5 12-3-6 12-3-7 12-3-8 12-3-9 Method of Parking Blocking Traffic Parking Adjacent to Schools Authority to Erect Signs Restricting Parking Parking Vehicles on Sidewalks Abandoned Vehicles Fire Lanes Handicapped Parking Parking Trucks,Trailers and Similar Vehicles in Residential Areas Unattended Motor Vehicles Authority to Place Parking Restriction Signage 12-3-10 12-3-11 §12-3-1 Method of Parking Except as otherwise provided parked upon a .roadway where there are adjacent curbs shall be stopped or parked with the right hand wheels of the vehicle parallel to and within eighteen (18)inches of the right hand curb. Such vehicle must be positioned such that it is not in opposite tothedirectionoftravel. herein,every vehicle stopped,or so n §12-3-2 Blocking Traffic (A)No person .shall stop, street in the city iu such manner or under such conditions leave available less than twenty (20) roadway for the .free movement of vehicular traffic, person may stop temporarily, passengers or,when necessary, or signals of a police officer. stand or park any vehicle upon a as to feet of the width of the except■that a in the actual loading or unloading of in the observance of traffic signs (B)No person shall park any vehicle within entrance to a private driveway except for the loading or.unloading of materials which must be or entrance to vehicular traffic. an alley or accomplished without blocking the alley the private driveway to the free movement of 9 n n (C)No person shall park any vehicle upon a street or city right-of-way where signs prohibiting parking'of vehicles are posted. §12-3-3 Parking Adjacent to Schools nWhensignsareerectedindicatingnoparkingonthatsideofthe street adjacent_to any school property,no person shall park a vehicle in any such designated place for one hour before school opens until one hour after school closes on any school day. §12-3-4 Angle Parking When signs have been erected requiring parking at an angle to the curb,allowing parking on the left hand curb on one-way streets, notifying drivers that parking parking in any way that may be necessary. is prohibited and restricting it is unlawful for any person to stop or stand a vehicle in disobedience of such parking restrictions. §12-3-5 Parking Vehicles on Sidewalks No person shall park any vehicle, not, his or her vehicle to be parked upon any sidewalk in the city. whether in usable condition or upon any sidewalk in the city nor shall a vehicle owner permit §12-3-6 Abandoned Vehicles n(A)No person shall abandon any vehicle on public or private property. (B)Evidence that a vehicle was left unattended for a period of forty-eight hours shall be prima facie evidence of abandonment. (C)Members of the police department chief of police may vehicle. so authorized by the remove or cause to be removed any abandoned (D)Upon removal,the abandoned vehicle shall be appraised by a police officer designated by the chief of police and certified to the Arizona Department of Transportation. (E)After the vehicle is appraised,it shall be disposed of pursuant to A.R.S.Title 28,Chapter 8,Article 5,and as amended. 10 nn §12-3-7 Fire Lanes (A)No person shall stop,stand or park any vehicle within or upon a designated fire lane,whether on public or private property. (B)Any vehicle stopped,parked or standing within a fire lane Removal of anmayberemovedattheexpenseofthevehicleowner, vehicle so in violation may be authorized by a police officer,the Apache Junction fire district chief or his or her representative or the lawful owner or manager of the adjoining property. (C)A fire lane is an area,parking lot,driveway,roadway or portion thereof that shall be: (1)Designated or approved by the Apache Junction fire district chief; (2)Marked approved district chief; (3)Maintained clear of obstructions its entire length and width for fire equipment and access. with standard signs or other markings ■'as or designated by the Apache Junction fire §12-3-8 Disabled Parking (A)No person shall stop,stand or park any vehicle in a parking space set aside and identified for use only by persons with physical disabilities unless the vehicle has displayed thereon a distinguishing numbered plates bearing the international wheel,chair symbol issued pursuant to A.R.S.§28- 2409,as amended. insignia or n (B)Subsection (A)above shall apply only to those parking spaces that are identified with standard signs and/or-markings as approved by the city engineer. (C)Subsection (A)above shall apply whether .such parking space is on public or private property. Parking Trucks,Trailers and Similar Vehicles Residential Areas §12-3-9 in No person shall stand or park a vehicle with a gross vehicle weight rating ("GVWR")in excess of 10,000 pounds,or a tractor,semi trailer,trailer or bus on a local,or collector street in a residential area,with the following exceptions: 11 n n (A)The active loading or unloading of such vehicles while in to or within thetheprocessofdeliveringgoods residential area; or services (B)The active loading or unloading-of personal baggage within the residential area for a period of time no greater than one-half hour;or n<C)A temporary stop for a reasonable period of time no greater than one and one-half hour by a vehicle owner who is stopping at his or her residence. (D)The occupants of the home have engaged a professional moving company that is moving personal household items into or out of the home,which activity does exceed four hours. §12-3-10 Unattended Motor Vehicles (A)No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb side of the roadway. (B)Whenever any police officer shall find standing unattended with the ignition key in a motor vehicle the vehicle,such police officer is authorized to remove the key from such vehicle, the vehicle by locking the doors and closing the windows, and to deliver the key to the Apache Junction Police Department, along with an incident report setting forth where the vehicle located,the plate and VIN number,and other critical information. secure was n§12-3-11 Authority to Place Parking Restriction Signage The public works department shall erect parking restriction signage placing drivers on notice referred to in this code. of the types of parking restrictions Article 12-4 PARKING VIOLATIONS,LIABILITY AND ENFORCEMENT Section 12-4-1 12-4-2 12-4-3 12-4-4 Definitions Parking Violations and Persons Liable Unarmed Police Aides Volunteer Parking Enforcement 12 nn 12-4-5 12-4-6 12-4-7 12-4-8 Parking Notice Issuance Response to Parking,Notice Schedule of Sanctions Penalties §12-4-1 Definitions n civil Traffic Violation"means any violation of any city ordinance or provision of this code which regulates the time, place,or method of parking.Parking violations are civil traffic ■violations of this code. (A) Parking occupied or not. (B)>\fr means the standing of a vehicle,whether (C)Vehicle"means either:(i)a self-propelled vehicle;or (ii)for the purposes of the laws relating to the imposition of a tax on motor vehicle fuel,a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel,including but not limited to motor vehicles,trucks with semi-trailers (i.e.big rigs),RVs,campers,and golf carts but does not include a motorized wheelchair,an electric personal assistive mobility device or a motorized skateboard. §12-4-2 Parking Violations and Persons Liable (A)Stopping,standing,or parking at all times on any street is prohibited if official signs are erected and in place giving notice thereof that stopping,standing,or parking is prohibited. (B)It is unlawful for a vehicle to be parked in violation of any city ordinance or provision of this code regulating the time, place,or method of parking, provision of this code regulating the time,place, parking which are continuous in nature shall constitute a separate and distinct violation for each full hour thereof. n violations of any city ordinance or or method of (C)Whenever a vehicle is parked in violation of a city ordinance or provision of this code regulating the time,place,or method of parking,the owner or owners of the vehicle,'the registered owner or owners of the vehicle,and the person who parked or placed the vehicle where the violation occurred shall be jointly and individually liable for the violation and for the civil sanction prescribed herein. (D)A vehicle parked contrary to or inconsistent with any city ordinance or provision of this code regulating the time,place,or 13 n n method of parking which provides that "no person"may stop,stand, or park a vehicle at a designated location limitations,restrictions, place,or method of parking,is deemed to be parked in violation of said ordinance or provision of this code. or contrary to any or other provision regulating the time. (E)Whenever a vehicle is parked upon the'public right-of-way or other property in violation of this code and the vehicle has previously been the subject of five parking provision of this code within a twelve normoreviolationsofthesame month period but the civil sanctions prescribed under the Apache Junction City Code for those violations have not been satisfied, shall be deemed to constitute a public nuisance and the the vehicle consents to immobilization,towing,and impoundment of the vehicle. then the vehicle owner of A possessory lien is hereby created and attached to such vehicle for the payment,in cash or its equivalent,of all current and accumulated parking tickets and for'reasonable costs associated with immobilization,towing,and impoundment. §12-4-3 Unarmed Police Aides As authorized by A.R.S.§28-627 (E),the police chief is authorized to appoint,and when necessary remove.unarmed police aides who shall be employed by the police department and shall be empowered to commence an action or proceeding before a court violation of the ordinances or judge for any of the city regulating the standing or The authority of unarmed police aides is enforcement of ordinances of the cityregulatingthestandingorparkingofvehicles,and in no way shallbeconstruedtogrant,other powers or benefits to officers of this state are entitled. parking of vehicles, strictly limited to the which peace n§12-4-4 Volunteer Parking Enforcement As authorized by A.R.S.§28-886,the police chief may establish a volunteer parking enforcement program for parking for persons withphysicaldisabilities, representative is citations for violations regulating parking in parking disabilities. The police chief or his designated authorized to appoint volunteers to of Apache Junction City Code §12-3-8 spaces for persons with physical issue §12-4-5 Parking Notice Issuance (A)In an action involving unlawful parking, notice need not be personally served upon the owner or operator of a copy of the 14 nn the vehicle but may be served by attaching a copy to the vehicle. (B)The notice shall include the date, the state license number of the vehicle unlawfully and notice time,and location of the violation. parked, that within reference to the City Code provision violated, seven calendar days from the day on which the notice was issued the sanction for the violation must be paid and received by the Apache Junction Municipa,!'Court or received by the Apache Junction Municipal Court for a hearing to contest the alleged violation. a request made ando The notice shall also list the additional sanctions applied (from eight to thirty days and after thirty days)in which the citation remains unpaid. (C)The notice,or copy thereof,shall constitute prima facie evidence of the parking infraction. §12-4-6 Response to Parking Notice Within issued, shall respond to the notice by one of the following methods: seven calendar days from the day on which the notice the person or persons liable for the parking violation was (1)By appearing in person,by representation,or by mail to the Apache Junction Municipal Court within said seven calendar day period,admitting responsibility for the violation and paying the civil sanction prescribed for the violation, noted in this subsection and in actively licensed in the State of Arizona as an attorney in good standing with the Arizona State Bar and who has agreed to advocate for the person or persons liable for the parking violation. The phrase "by subsection (2)representation below means a person who is ff n (2)By contacting the Apache Junction Municipal Court in person,by representation,by telephone,by mail within said seven calendar day period and requesting a hearing to contest the alleged violation.The hearing officer defendant's explanation and dismiss the notice shall inform the defendant that the civil sanction must be paid or a request must be made for a civil traffic hearing to contest the alleged violation. at this hearing may accept the of violation or (3)A request for a hearing or payment of the civil sanction will be considered received by the city if it is actually delivered to the Apache Junction Municipal Court or postmarked within seven calendar days after the date the notice of violation was issued, request for a hearing made by telephone will be considered received the day it is made if it is received by an Apache Junction municipal court employee between the hours of eight A.M.and five A 15 n n P.M.of any day,except on Saturday,Sunday,or a city holiday. §12-4-7 Schedule of Sanctions The sanctions listed in the following schedule are the minimum sanctions that may be imposed for violations of the sections of the city code listed therein.Any person violating any of the provisions of this code other than those specified in the following schedule shall be liable for the imposition of a civil sanction not to exceed two hundred fifty dollars ($250). n SCHEDULE OF SANCTIONS City Ordinance Description Initial Sanction when paid within 7 calendar days Sanction when paid within 8-30 calendar days Sanction when unpaid after 30 calendar days 12-3-1 Parking more than 18 inches from curb. 30.00 60.00 120.00 12-3-2(A)Blocking traffic.30.00 60.00 120.00 12-3-2(B)Blocking a public or private driveway or entrance to an alley. Parking where prohibited or restricted by official signs. Parking adjacent to schools where prohibited by signs. Parking contrary to posted angle,one-way,or prohibited/restricted parking signs. Parking on a sidewalk,or in the area between the curb and the sidewalk. Parking an abandoned vehicle on a street or other public property. Stopping,standing,or parking in a fire lane. Parking in places reserved for the physically disabled. 50.00 100.00 200.00 12-3-2(C)50.00 100.00 200.00 12-3-3 30.00 60.00 120.00 n 12-3-4 30.00 60.00 120.00 12-3-5 50.00 100.00 200.00 12-3-6(A)50.00 100.00 200.00 12-3-7(A)100.00 200.00 300.00 12-3-8 300.00 400.00 500.00 16 nn 12-3-9 Parking over-sized vehicles in residential areas. 50.00 100.00 200.00 12-3-10 Parking an unattended vehicle on a roadway. 50.00 200.00100.00 Article 12-5 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETSn Section 12-5-1 Weight Restrictions Within Residential Areas and Other Roads Weight Restrictions on Mile Grid Roadways,U.S. Highways and State Routes Exemptions Weighing of Vehicles Unlawful Weight Damage to the Street Overweight Permits Penalties Truck Routes 12-5-2 12-5-3 12-5-4 12-5-5 12-5-6 12-5-.7 12-5-8 12-5-9 §12-5-1 Weight Restrictions Within Residential Areas and Other Roads It is unlawful for any person,partnership,association,company or corporation to: (A)Operate a vehicle with a gross vehicle weight rating ("GVWR")in excess of 10,000 pounds on the public streets in any residential area and other roads within the corporate limits of the city,except roads as indicated in §12-5-2 below;orn (B)Use the vehicles on the public streets in any residential area to access private property except for the purpose of parking within the restrictions of §12-3-9 above. §12-5-2 Weight Restrictions on Mile Grid Roadways,U.S.Highways and State Routes (A)The total gross vehicle weight and total gross axle weight' of any-motor vehicle truck or trailer,including the load thereon, driven only on designated truck routes as shown in section 12-5-9, shall not exceed the gross weight given for-the respective distance between the first and last axles of the group of axles measured longitudinally to the nearest foot as set forth in the appropriate table at weights applicable to highways under the jurisdiction of 17 n n the state by A.R.S.§§28-1099 and 28-1100 in effect on the date this section becomes effective or as from time to time subsequently ,amended. (B)(1)The state statutory tables and provisions are hereby made a part of this section in their entirety as though fully set forth herein. (2)This section shall not apply to fire apparatus,urban mass transit transportation vehicles,implements of husbandry, including farm tractors temporarily moved upon a highway^or to vehicles operated under the terms of a special permit as provided in this article. n §12-5-3 Exemptions Vehicles involved in the pickup or delivery of goods or services, or vehicles receiving services, private utility while necessarily in repair of any public utility or cable television, use the most direct route to accomplish the purpose. vehicles owned by a public or use in the construction or so long as they emergency vehicles and school buses,pickups and recreational vehicles shall be exempt from the provisions of §12-5-1 above unless otherwise specified. §12-5-4 Weighing of Vehicles Any police or peace officer employed in the State of Arizona, having reason to believe that the weight of a vehicle and load does not conform to the provisions of this code,is authorized-to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that the vehicle be driven to the nearest public scales in the event the scales are within two (2)miles. n §12-5-5 Unlawful Weight (A)When an officer,upon weighing a vehicle and load as provided in §12-5-4 above,determines that the weight does not conform to the provisions of this article,the officer may require the driver to stop the vehicle in standing until such portion of the load is a suitable place ■and remain removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted under this article. as (B)All-material so unloaded shall be cared for by the or operator of the vehicle at the risk of the owner or operator. owner 18 nn §12-5-6 Damage to the Street (A)Any person driving any vehicle,object or contrivance upon any street,highway or highway structure shall be liable for all damage which the street,highway or structure may sustain as a result of any illegal operation,driving or moving of the vehicle, object,or contrivance,or as a result of operating,driving dr moving any vehicle,object or contrivance weighing in excess of the maximum weight in this article,even if authorized by a special permit issued as provided in A.R.S.§§28-1103 or 28-1144. n (B)When the driver is not the owner of the vehicle,object or contrivance,but is so operating,driving or moving the same with the express or implied permission of the owner,then the owner and driver shall be jointly and severally liable for any damage. §12-5-7 Overweight Permits The public works director or his or her designee,upon application in writing and good cause shown,may issue a special permit in writing authorizing the applicant to operate a vehicle or load exceeding the maximum specified in this article on any street under the jurisdiction of the city, city manager within five (5)calendar days and the city manager shall have three (3)business days to decide the appeal,with such decision being final and binding. Appeals shall be directed to the §12-5-8 Penalties (A)In addition to any other penalties provided herein,any person convicted of violating the provisions of this article shall be punished by a fine set forth in the following table: n 1,0001 to 1,250 pounds in excess $100 1,251 to 1,500 pounds in excess $200 1,501 to 2,000 pounds in excess $300 2,001 to 2,500 pounds in excess $400 2,501 to 3,000 pounds in excess $500 3,001 to 3,500 pounds in excess $840 3,501 to 4,000 pounds in excess $980 4,001 to 4,500 pounds in excess $1,120 4,501 to 4,750 pounds in excess $1,260 4,751 to 5,000 pounds in excess $1,400 Over 5,001 pounds in excess $1,400 plus an additional $100 for each 1,000 pounds of excess weight 19 n n If any arresting officer finds that the person has violated only the axle weight limitation and not the total weight limitation,the officer shall request the driver to reload the vehicle to comply with the axle weight limitations,and if the driver so complies,he or she shall not be subject to arrest or If the driver does not comply with the request of the (B) fine. officer to reload,the driver shall be subject to arrest and 'fine as provided by this section.n §12-5-9 Designated Truck Routes Set forth below is the City of Apache Junction's designated Truck Route map referred to in Section 12-5-2.' n 20 nn n in 21 nn ROLL CALL VOTE NOTES:•42 my .AKTWn77 MEETING OFITEM# SECONDED BMOTIONBY: ABSTAINEDNOES COUNCILMEMBER BARKER -,ffCOUNCILMEMBERCOLEMAN COUNCILMEMBER WILSON ,7.7COUNCILMEMBERDIETZ VICE MAYOR ECK COUNCILMEMBER SERDY MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANII^STOTAL nn ROLL CALL VOTE NOTES: i n 0iMEETINGOFITEM# SECONDED BY:MOTION BY: ABSTAINEDNO VICE MAYOR ECK /COUNCILMEMBER WILSON i/COUNCILMEMBER BARKER COUNCILMEMBER SERDY 2COUNCILMEMBERDIETZ COUNCILMEMBER COLEMAN MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMOl TOTAL 4 ■j ■ ( ITEM NO.14 I MOVE THAT ORDINANCE NO.1356 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No.1356 by title only.Majority vote required.) I MOVE THAT ORDINANCE NO.1356,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED.'i O- I MOVE THAT ORDINANCE NO.1356,AS READ BY THE CITY CLERK,BE DENIED. I MOVE THAT ORDINANCE NO.1356,AS READ BY THE CITY CLERK,BE APPROVED ,AND ADOPTED WITH THE FOLLOWING AMENDMENTS:^ n n PUBLIC HEARING n 1.For PROPOSED RESOLUTION NO.10-06,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I, CHAPTER 3 ADMINISTRATION.ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS Will PUBLIC WORKS DIRECTOR DAVID FERNspeak to the Council?2. Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 3. 4. If not,this hearing is closed.5. Is there any discussion?6. Call for a motion.7. Call for a second.8. n 9.Roll call vote. n n a Home of the Superstition Mountains [Si Print TO:City Manager's Office David Fern,Public Works Director April 6,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Public Safety TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO.10-06,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITHTHECITYCLERKENTITLED“2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS”;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs,it is necessary toreviseChapter3toallowthecityengineerdiscretiontoplacesuchsigns. Consistent with A.R.S.§§9-801 and 9-802,Resolution No.10-06 declares the amendments a public record to avoid excessive post-passage pubiication costs. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Resolution No.10-06 D 2010 Chapter 3 Amendments n n RESOLUTION NO.10-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3- 5,DEPARTMENT OF PUBLIC WORKS";REPEALING ANY PROVIDING nCONFLICTING SEVERABILITY. PROVISIONS;AND FOR WHEREAS,Arizona Revised Statutes Annotated (hereinafter )§9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the city clerk and are made available for public use and inspection;and \\A.R.S.// Ordinance No.1360 adopts by reference certain staff-recommended modifications set forth Amendments to the Apache Junction City Code,Volume I,Chapter 3,Administration,Article 3-5,Department of Public Works";and WHEREAS, the '"2010in WHEREAS,it is the amendments as a public record, in the Office of the City Clerk. intent of the City to declare the three copies of which are on file NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AS FOLLOWS: nSECTIONIINGENERAL That certain document entitled 2010 Amendments to the Apache Junction City Code,Volume I,Chapter 3,Administration,Article 3-5,Department of Public Works",three copies of which are on file in the office of the City Clerk of the City of Apache Junction,Arizona,is hereby declared to be a public record, shall be made available for public use and inspection,and shall remain on file with the City Clerk. RESOLUTION NO.10-06 PAGE 1 OF 2 n n SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY n If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS ,2010.DAY OF SIGNED AND ATTESTED TO THIS ,2010.DAY OF JOHN S.INSALACO Mayor ATTEST: n KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney RESOLUTION NO.10-06 PAGE 2 OF 2 nn ROLL CALL VOTE NOTES: / A n Z MEETING 01ITEM# [ASECONDEDBY:MOTION BY: ABSTAINEDNOYl COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN VICE MAYOR ECK COUNCILMEMBER BARKER COUNCILMEMBER DIETZ MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMOUS TOTAL o n- ITEM NO.15 I MOVE THAT RESOLUTION NO.10-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3 ADMINISTRATION.ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS”. (BE APPROVED)OR (BE DENIED). n n PUBLIC HEARING n For PROPOSED ORDINANCE 1360,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 3 ADMINISTRATION, ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS,IN ITS ENTIRETY,AND ADOPTING BY REFERENCE “2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3 ADMINISTRATION,ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS 1. Will PUBLIC WORKS DIRECTOR DAVID FERN speak to the Council?2. Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 3. 4. 66 If not,this hearing is closed.5. Is there any discussion?6. Call for a motion.7. Call for a second.8.n Roll call vote.9. n n Ci^ofApache Junction Horn of the Superstition Mountains ^Print TO:City Manager's Office David Fern,Public Works Director Aprils,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Public Safety TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO.1360,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALINGCHAPTER3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS,IN ITS ENTIRETY;AND ADOPTINGBYREFERENCE“2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS”ON FILE WITH THE CITY CLERK;REPEALINGANYCONFLICTINGPROVISIONS;AND PROVIDING FOR SEVERABILITY. ACTION REQUESTED: Recommendation for Approval DiSCUSSION /BACKGROUND INFORMATION: Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs,it is necessary toreviseChapter3toallowthecityengineerdiscretiontoplacesuchsigns. Consistent with A.R.S.§9-802,Ordinance No.1360 adopts the 2010 Chapter 3 amendments by reference to avoid excessive post-passage publication costs. FISCAL IMPACT: Budgetary Approval Not Required r> OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Ordinance No.1.S60 Q 2010 Chapter 3 Amendments nn ORDINANCE NO.1360 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 3, ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS, IN ITS ENTIRETY;AND ADOPTING BY REFERENCE ."2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,’VOLUME I,- CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS"ON FILE WITH THE CITY CLERK;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. n WHEREAS,the placement of street signs,and traffic control in the city limits is difficult due to antiquated codedevices provisions;and WHEREAS,to avoid unnecessary delays and to promote public the decision to place traffic and parking signage andsafety, implementation thereof should be vested in the city engineer;and the current version of the Apache Junction City Code, Volume I,Chapter 3,Administration,Article 3-5,Department of Public Works,needs to be adjusted to allow the-city engineer to place street signs and traffic control devices on an as-needed basis;and WHEREAS, WHEREAS,Resolution No.10-06 declares as a public record the document entitled 2010 Amendments to'the Apache Junction City Code,Volume I,Chapter 3,Administration,Article 3-5,Department of Public Works";and \\ WHEREAS,A.R.S.§9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as theadoptingordinanceispublishedinfulltextandatleastthree copies of the code or public record are filed in the office of the clerk of the municipality and are made,available for public use andinspection;and n WHEREAS,pursuant to A.R.S.§§9-801(1)and 9-802,it is the intent of the Council to adopt by reference the recommended amendments. ORDINANCE NO.1360 PAGE 1 OF 3 n n NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL 1.Existing Apache Junction City Code,Volume I,Chapter 3, Administration,Article 3-5,Department of Public Works,is hereby repealed. 2.That certain document known as the "2010 Amendments to the Apache Junction City Code,Volume I,Chapter 3, Administration,Article 3-5,Department of Public Works", three copies of which are on file in the office of the City Clerk,which document was made a public record by Resolution No.10-06 of the City of Apache Junction,is hereby referred to,adopted and made a part hereof as if fully set out in this ordinance,pursuant to A.R_.S.§9-802. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. n PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2010. DAY OF SIGNED AND ATTESTED TO THIS DAY OF ,2010. JOHN S.INSALACO Mayor ORDINANCE NO.1360 PAGE 2 OF 3 nn ATTEST: KATHLEEN CONNELLY City Clerk nAPPROVEDASTOFORM: RICHARD'J.STERN City-Attorney n ORDINANCE NO.1360 PAGE 3 OF 3 n n 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE VOLUME I CHAPTER 3 ADMINISTRATION i ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS Article 3-5 DEPARTMENT OF PUBLIC WORKS Section 3-5-1 3-5-2 3-5-3 3-5-4 3-5-5 3-5-6 3-5-7 Department Established Divisions of Department Powers and Duties Division of Operations Division of Engineering Assignment and Custody of Physical Properties Advice and Assistance §3 -5-1 DEPARTMENT ESTABLISHED. There is hereby created the Department of Public Works,an executive department of the city. Director of Public Works who shall 'be the head of the department and all officers and employees assigned thereto. (A) It shall consist of the (B)All such officers and employees shall perform their duties subject to the supervision of the director,who shall operate solely under the guidance and direction of and report directly to the.City Manager.n (C)The Director of Public Works shall supervise his or her department in accordance with the applicable personnel rules and the Apache Junction City Code and shall exercise such powers and perform such duties as are customarily conferred and required by ordinances,resolutions or lawful directives. the city code,applicable (D)The position of the Director of Public Works is hereby declared as classified service,and he or she shall be appointed and removed by the City Manager subject to ratification of the Council;and shall serve and receive such compensation as shall be determined in accordance with the applicable city rules and regulations.(Prior Code,§ 3-5-1) 1 nn §3-5-2 DIVISIONS OF DEPARI^NT. (A)There is hereby created within the Department of Public Works,the Division of Operations and the Division of Engineering.. (B)Division superintendents and section heads shall be appointed and removed by the Director of Public Works subject to the ratification of the City Manager and provisions of Vol..I,Article 3-10 as it now exists or may be hereafter amended.(Prior Code,§3-5-2) n §3-5-3 POWERS AND DUTIES. (A)In addition to those duties set forth in this article, the Department of Public Works Director,or his or her designee,shall have charge of and supervision over the care,maintenance,design,inspection and construction of all streets,sidewalks,alleys and public ways and determination for and placement of all street signage and traffic control devices;the design,inspection, construction,operation and maintenance of all storm water and sanitary sewer systems and facilities,and all street gutters,drains,drainage ways,water and wastewater treatment facilities,improvement districts, easements and the appurtenances thereto;the care, maintenance and construction of all public buildings;the operation,maintenance and construction of all other public works projects and improvements within the jurisdiction of the city. (B)The Department of Public Works Director,or his or her designee,may also be responsible for,or oversight of, the construction of all streets,sidewalks,alleys, public ways,sanitary sewers,street gutters,drains, drainage ways,waste.water treatment facilities, improvement district easements and appurtenances thereto. (Prior Code,§3-5-3) n §3-5-4 DIVISION OF OPERATIONS. (A)There is hereby created the.Division of 'Public Works Operations,consisting of the Public Works Manager,who shall be the head of the division, employees assigned thereto, employees shall supervision and all'officers and such officers and subject to the Works Manager,who shall All perform their duties of the Public 2 n n operate solely under the guidance and direction of and report directly to the Director of Public Works. Public The supervise his or herWorksManager department in accordance with the applicable personnelordinancesandshallexercisesuchpowerand,perform such duties as are required ordinances. shall under the city code, resolutions or lawful directives. applicable (B)It shall be the duty of the Public Works or her designee,to evaluate the .streets,to maintain records maintenance of city streets, engaged in the repair, streets,buildings, or make the construction Manager,or his condition of city regarding the repair and to supervise those workers maintenance and construction of grounds and city vehicles; final walk-through on all and utility construction before the for city acceptance;to coordinate special events or emergencies-with law and to make routine checks on city grounds and vehicles to ensure that they are in good repair and safe for public use.(Prior Code,§3-5-4) to assist off-site recommendation barricading for enforcement officials; streets,buildings. §3-5-5 DIVISION OF ENGINEERING. (A)There is which shall hereby created the Division of Engineering, be under the supervision of the City Engineer,or his or her designee,who shall be responsible for the design and inspection of all streets,the determination city for and placement of all devices,sidewalks, storm water and sanitary sewer street gutters,drains,drainage and wastewater treatment facilities. street signage and traffic control alleys and public ways, system and facilities, water n ways, improvement districts,easements and the appurtenances thereto and administration of encroachment permits under this code.(Prior Code,§3-5-5) (B)It shall be the duty of the City Engineer to: 1.Provide professional and technical expertise to assist Director in the performance of those duties assigned to the Public Works Director. the Public Works 2 .Perform such other programs or functions related to public works,public improvements,traffic,street signs and traffic control devices,floodplain administration. 3 nn drainage and private development that the Public Works Director may,from time to time,authorize or request. iC)The Engineer, qualified employee, following: Public Works Director may also appoint a Traffic or assign his/her duties to an appropriate and who will be responsible for the n1.As authorized by state law,to determine appropriate locations for.stop signs,yield,u-turn and other right- of-way signs and other traffic control devices and operations. 2 .To establish speed limits for city streets as necessary for public safety in accordance with state law. 3.To designate certain streets as a street prohibited for use by trucks in excess of the weight listed in Chapter 12 of this code. 4.To issue permits for use on city streets for tires and associated tire equipment not normally allowed on city streets pursuant to A.R.S.§28-958 (G). 5.To establish "no parking"zones,"loading zones,"■and "bus stops"and other parking limitations relating to time,place,manner or type of vehicle restrictions. 6.To authorize and install traffic calming devices pursuant to adopted city council policy. 7 .To keep accurate records of all parking zones, including loading zones,established hereunder and shall designate on a map kept for such purpose the location of all such zones throughout the City. n (D)The Public Works Director,or his or her designee,shall recommend for council adoption,standards,specifications and regulations regarding public works improvements.In the event there is a conflict between or among any of the standards,specifications and regulations adopted herein by reference,a city code standard,specification or regulation shall prevailover any standard,specification or regulation prepared by another entity. Regardless of the standards,details. designations contained in any specifications adopted byor 4 n n reference,roadway right-of-way enforcement procedures and roadway right-of-way inspections provided for shall be the responsibility of the Public Works Director,or his or her designee. (E)The Public Works Director,or his or her designee,may approve alternate materials or methods of construction provided he/she finds the proposed design is satisfactory and complies with the intent of the adopted standard, detail or specification and the proposed material is for the purpose intended,and at least the equivalent of that prescribed specification, durability,and safety. n the adopted standard,detail or in quality,strength,effectiveness. in (F)The following codes and regulations shall be followed and enforced by the Public Works Department in the creation and maintenance of public property: 1.City of Apache Junction Engineering Guidelines set forth under Apache Junction City Code,Volume II, Chapter 10,as amended. 2 The most current version of the "Uniform Standard Specifications and Details for Public'Works Construction Sponsored and Distributed by the Maricopa Association ////Standard("MAG Specifications and Details),with the following modifications: of Governments a.The Public Works Director,or his or her designee, is authorized to increase standard street cross sections,both pavement and right-of-way widths, as necessary to maintain required traffic service levels when a traffic analysis indicates the need for additional lanes of traffic. n b.Where MAG refers to corrective actions for deviations from standards and provides options for when the contracting agency is the owner or when the contracting agency is not the owner,the Public Works Director/designee is authorized to utilize any of the corrective actions listed regardless of whether the City is the contracting agency or not. 5 nn 3.The'most current version of the Manual on Uniform Traffic Control Devices for Streets and Highways ("MUTCD")■ 4.The most current version of the Policy on Geometric '■Design of Highways and Streets. §3-5-6 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES.o (a>All physical properties of the city,including any municipal utilities,systems and facilities and those physical properties not assigned to some other department or officer,shall be assigned to the Department of Public Works. (B)The Department of Public Works shall be the custodian of all tools,equipment and other municipal property assigned to the Department of Public Works.(Prior Code,§3-5-6) §3-5-7 ADVICE AND ASSISTANCE. The Department of Public operational advice and other departments, of fi-cial ‘entities of the city. Works shall provide technical and assistance to,and cooperate with,all boards,commissions,offices or other (Prior Code,§3-5-7) n 6 nn ROLL CALL VOTE NOTES: n A MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDNO COUNCILMEMBER DIETZ COUNCILMEMBER BARKER VICE MAYOR ECK COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIMOUS TOTAL n n ROLL CALL VOTE NOTES: n MEETING OFITEM# CJ/V^SECONDED BY:MOTION BY: ABSTAINEDNOES COUNCILMEMBER COLEMAN COUNCILMEMBER DIETZ COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR ECK MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMOUS TOTAL ITEM NO.16 I MOVE THAT ORDINANCE NO.1360 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No.1360 by title only.Majority vote required.) I MOVE THAT ORDINANCE NO.1360,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. I MOVE THAT ORDINANCE NO.1360,AS READ BY THE CITY CLERK,BE DENIED. I MOVE THAT ORDINANCE NO.1360,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: nn PUBLIC HEARING ri For PROPOSED ORDINANCE NO.1361,CASE AM-3-09,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE.BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS.SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS 1. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council?2. Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 3. 4. If not,this hearing is closed.5. Is there any discussion?6. Call for a motion.7. Call for a second.8. n 9.Roll call vote. nn City ofApache Junction Home of the Superstitio n Mountains [Si Print TO:City Manager's Office Rudy Esquivias,Senior Planner/Zoning Administrator Aprils,2010 FROM: DATE: Agenda Type : Councii Priority Focus Area: Reguiar Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO.1361,CASE AM-3-09,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II,LANDDEVELOPMENTCODE,CHAPTER 1 ZONING ORDINANCE,BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: On January 16,2007,the City Council approved Ordinance No.1279,which made comprehensive amendments to the AccessoryBuildingregulationsoriginallyadoptedin1985.The final version of the ordinance revealed some inadvertent contradictions in the adopted language.Council gave Staff direction to revise the regulations,but other relevant amendments have taken precedent.On February 23rd of this year,the Commission finally heard the case,made their unanimous recommendation for approval ofadditionalchangesandthosearenowpresentedtoCouncil. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: Zoning Ordinance Requirementn RECOMMENDATION: Staff concurs with the Commission's recommendation of approval,but pursuant to the comments made at the City Council worksessiononMarch15,are offering additional changes to draft Ordinance No.1361 for the Council to consider. ATTACHMENTS: Click to download D Council cover memo 4-6-10 D Draft Qrd.No.13fi1 D A.M-3-09 PZ Staff Report D Sec.6.0116 with changes.3rcl draft D Draft 3.clean version D Qrd.No.1279 D Qrd.No.1297 D Qrd.No.1300 D Qrd.No.1343 Q Qrd.No.f 345 D Lpt.Layout Comparisons n n City of Apache Junction Development Services Department MEMORANDUM nDATE:April 6,2010 MEMO TO:Honorable Mayor and City Council Members THROUGH:■George Hoffman,City Manager Brad Steinke,Development Services Director Fred Baker,Planning Division Manager FROM:Rudy Esquivias,Senior Planner/Zoning Admin. SUBJECT:April 6,2010 -Public Hearing Item:Ordinance No.1361,Case AM-3-09,Proposed Amendments to Regulations on Accessory Buildings Summary Attached please find a copy of the Staff report which was presented to the Planning and Zoning Commission at their meeting on February 23,2010,concerning revisions to the accessorybuildingregulations.The recommendation made by the Commission represents the consensus reached after two work sessions and the public hearing on February 23. The Staff report traces the evolution of the proposed amendment .language as the Commission discussed it over the course of the meetings mentioned above. n The report also contains copies ofotherrecentlyadoptedordinanceswhichhadaninfluenceinthe crafting of the recommended text.The recommended text incorporates not only changes that needed to be made to clear inadvertent contradictions which were approved by Ordinance No. 1279 (the last set of comprehensive amendments to the AccessoryBuildingRegulations),but it also responds to more recent concerns and issues with the ordinance which have been brought to Staff's,Commission and Council members'attention over the last couple of years since the last set of changes were adopted. up At the Commission's public hearing on February 23,only one person spoke on the issue.The citizen stated that he had sought to construct an accessory building which was larger and n n AM-3-09 (Accessory Building Regulations) PAGE 2 taller than the regulations allowed outright and was advised by Staff on the options possible to construct the building,none of which he found very timely or convenient.He personally spoke to some of the Commissioners at an earlier work session and was once again asking for their favorable consideration. n Planning and Zoning Commission Recominendation For the Council's review and discussion,at their.public hearing on February 23,2010,the P&Z Commission voted to forward the following recommendation to the City Council (M/S -Richmond/ Bunten;Vote 6-0): I move that the Planning and Zoning Commission recommend to the City Council the APPROVAL .of case AM-3-09,a City-initiated text amendment to the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 6 General Provisions and Exceptions,Section 6.0116 Accessory Buildings ‘ and Storage Sheds,in accordance with the language contained in the Staff report dated February 23,2010,and with the changes discussed,including allowing a shed on a space in a mobile home or RV park,as follows, draft Ordinance .No.1361 attached.) w setback for one storage (See //zero n City Council Work Session Discussion The City Council discussed case AM-3-09 at their work session on March 15,2010.It was Staff's impression that Council was,for the most part,satisfied with the amended text as proposed by P&Z.With regard to proposed Section 6.0116.3,a couple of Council Members felt that accessory buildings on large lot residential properties should be allowed to cover more area (or have more square footage)than what the text currently proposes. n Currently the recommended text suggests that accessory buildings be no larger,or make up no more square footage,than the square footage of the footprint of the main building on the property (or else a CUP is required). mostly Rl-43,R1-43MH,CR-1 and CR-lMH-zoned properties (properties larger than 20,000 sq.ft.),Councilman Wilson would like to see the allowed coverage more reflective of what is Since this rule would affect n allowed for GR properties--that accessory buildings be allowed to cover up to 1/3 the total area of the rear and side yards. AM-3-09 (Accessory Building Regulations) PAGE 3 Staff has two concerns with this idea:1)allowing an accessorybuildingtobelargerthanthemainbuildingfootprint'square footage on a residential property seems contradictory to the definition of what is an accessory building (i.e.,a buildingwhichissubordinatetothemainuseontheproperty);and 2) while we can suggest language to achieve the 1/3 coverage idea, the actual effect may turn out to decrease the amount of square footage that may be .allowed for accessory buildings on larger lot residential properties without need for a CUP. n EXAMPLES:(A.B.means Accessory Building) Rl-43 and R1-43MH Typical 1.25 gross acres Rl-43 lot Subtract one 33'wide road frontage Max.lot coverage by all buildings (20%) (Equine Regs,allow 10%more lot cover age for horse related buildings) Limit A.B.s to 1/3 of rear and side yards =54,450 sq.ft. =.49,005 sq.ft,net =9801 sq.ft. =10,781 sq.ft. =3230 sq.ft. CR-1 and CR-IMH Typical 1/2 gross acre CR-1 lot Subtract one 33'wide road frontage Max.lot coverage by all buildings (30%) Limit A.B.s to 1/3 of rear and side yards =27,225 sq.ft. =21,780 sq.ft,net =7260 sq.ft. =1888 sq.ft. n If Council does not wish to further constrain the amount of square footage .that is allowed by all buildings on larger lotresidentialpropertiesasP&Z has recommended,then Staff's suggestion is that single family residence-zoned propertieslargerthan20,000 square feet be limited only by the lot coverages already allowed by zoning. Optional and Additional Suggested Amendments maximum Below are a couple of options for amending Section 6.0116.3 for the Council's consideration.The first explores the 1/3 coverage idea and the second allows for maximum lot coveragesalreadyallowedbytheZoningOrdinance(changes shown;plea compare with draft Ordinance No.1361 attached): se n n AM-3-09 (Accessory Building Regulations) PAGE 4 Re-write Section.6.0116.3 to allow 1/3 Coverage: Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted.An accessory building in a multiple family residential zone -(minimum lot size of 20,000—aquare foet)or commercial zone, shall'not be larger than the existing building footprint square footage of the main structure.Accessory buildings in a single family residential zone (minimum lot size of 20,000 square feet),shall be allowed to cover up to one-third (1/3)of the total area of the rear and side yards of the lot upon which they are located.An accessory building in a single family residential zone (lot sizes of less than 20,000 square feet) shall not be larger than seventy five,percent ,(75%).of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements. n Or,Re-write Section 6.0116.3 to maintain existinq lot coverage allowances for large lot properties: Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted.An accessory building in a multiple family residential zone (minimtim lot size-of 20,000—squar-o feet)or commercial zone, shall not be larger than the existing building footprint square footage of the main structure.Accessory buildings in a single family residential zone (minimum lot size of 20,000 square feet) shall be limited,in terms of square footage,by the maximum lot coverage allowed for all buildings in the zone in which they are located.An accessory building in a single family residential zone (lot sizes of less than 20,000 square feet)shall not be larger than seventy five percent (75%)of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements. n stall also suggests that a couple of other minor house-keeping items with the current suggested text be tied up as follows: Section 6.0116.5 should be amended to read: Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more nn square footage,as allowed by Sections 6.0116.3 and 6.0116.4 above,is subject to the design criteria described in paragraph AM-3-09 (Accessory Building Regulations) PAGE 5 number 4 (immediately above)and must be approved through a Conditional Use Permit,which may invoke additional design criteria.n The first part of Section 6.0116.6 should be amended to read: Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15)feet from eny-a side or rear property line (either within the buildable area or in the rear yard area),or if (rest remains the same). (COUNCIL MEMBERS,PLEASE REFERENCE THESE AMENDED CONDITIONS IN YOUR APPROVAL OF ORDINANCE NO.1361.)^ n Attachments: Draft Ord.No.1361 (as recommended by PSZ) AM-3-09 P&Z Staff Report dated 2-23-10 Section 6.0116 with changes -3rd draft Section 6.0116 - Ord.No.1279 (Accessory Buildings) Ord.No.1297 (Special Density Permit for Caretaker Residence) Ord.No.1300 (Exceptions for Guest Houses) Ord.No.1343 (Equine Regulations) Ord.No.1345 (Equine Regulations/RV Camping) clean"version n Lot Layout Comparisons n n n ORDINANCE NO.1361 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 6, GENERAL PROVISIONS AND EXCEPTIONS,AMENDING SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS,IN CASE AM-3-09;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.n WHEREAS,the City Council adopted Ordinance No.382 on September 17, 1985,that included several zoning text sections including Section 6.0116 and Section 6.0117,which set forth the regulations for Accessory Buildings and Storage Sheds;and WHEREAS,after work sessions and public hearings held by the Planning and Zoning Commission,and recommendations formulated and forwarded therefrom,the City Council adopted Ordinance No.1279 on January 16,2007, which made numerous amendments to the Accessory Building regulations originally adopted in 1985;and WHEREAS,shortly after the adoption of Ordinance No.1279,the City Council gave direction to Staff to correct some inadvertent errors contained therein;and WHEREAS,for a time other relevant amendments to the Zoning Ordinance pre-empted the revisions to Ordinance No.1279,said other amendments now being cortpleted;and WHEREAS,on February 23,2010,after holding two work sessions and one public hearing,the Commission voted 6 to 0 to recommend approval of further text amendments to Section 6.0116 Accessory Buildings and Storage Sheds.n NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code,Volume II,Land Development Code,Chapter 1, Zoning Ordinance,Article 6,General Provisions and Exceptions,Section 6.0116 Accessory Buildings and Storage Sheds,shall be amended as follows: ORDINANCE.no.1361 PAGE 1 of 7 ■'■*:* nn SECTION ,6.0116 ACCESSORY.BUILDINGS AND STORAGE SHEDS The following shall be applicable to accessory buildings in all residential and coirmercial zoning districts except GR,TR,CB-1,CB-2,CI-1 and CI-2 (which have their own accessory building regulations).If conflicting regulations for accessory buildings are contained in a district's regulations or elsewhere in the Zoning Ordinance,the districts'and/or other regulations shall apply.n 1.An accessory building may be constructed upon a lot prior to the construction of the main building,for the purpose of storing tools, building materials,business (if zoned for business)or household goods,provided that construction of the main building is commenced within six months after completion of -the accessory building,and provided that: No accessory building shall be used for dwelling purposes, including sleeping,living,or cooking activities. a. 2.Pre-existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that: The accessory building/structure is secured (locked)and made safe (openings boarded up)prior to the establishment of the main use. a. b.The accessory building/structure is not used for storage or any other purpose prior to the securing of a permit for the establishment of the main use.. The accessory building/structure is in compliance with the City's current Building Code and Zoning Ordinance,. c.n' d.No acces.sory building shall be used for dwelling purposes, including sleeping,living,or cooking activities. 3.Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted.An accessory building in a residential zone (minimum lot size of 20,000 square feet)or commercial zone,shall not be larger than the existing building footprint square footage of the main structure.An accessory building in a residential zone (lot sizes of less than 20,000 square feet)shall not be larger than seventy five percent (75%)of the ORDINANCE NO.1361 PAGE 2 OF 7 n n existing building footprint square footage of the main structure and must also coirply with setback and lot coverage requirements. 4.Maximum height for an accessory building larger than one hundred twenty (120)square feet in area may be equal to the height allowed for the main building.Any■accessory building covering an area greater than one hundred twenty (120)square feet when complete, shall be subject to design criteria including:n Accessory buildings must be constructed of building materials that match or irtprove upon the main structure. a.- b.Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure. Accessory buildings must conplement the natural desert landscaping with color,building materials,and architectural style. c. d.Any-air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of- way . The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof,depending on the design of the roof. e. f.Seventy five percent (75%)of each exterior wall of a metal building located in a single family residential zone and larger than one hundred twenty (120)square feet shall be covered with supplemental building materials including,but not limited to masonry,stucco,siding which matches the home,'textured paint or brick.n 5.Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building,as allowed by Sections 6.0116.3 and 6.0116.4 above,is subject to the design criteria described in paragraph number 4 (immediately above)and must be approved through a Conditional Use Permit,which may.invoke additional design criteria. ORDINANCE NO.1361 PAGE 3 OF 7 nn 6.Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15)feet from any property line,or if used for the keeping of livestock,an accessory building--shall coitply with the .yard setbacks required for the main building or.if other setbacks are specified,those shall apply..Horse shades as described in Section 6.0130 Equine Regulations,which are not larger than one hundred twenty (120)square feet in area,not taller than ten (10) feet in height,and which are not closer than three (3)feet to a property line,may be constructed without a permit.Horse shades in general are not subject to the design criteria listed in Section 6.0116.4 above.See other regulations applicable to structures for the keeping of horses in Section 6.0130.a(4)and 6.0130.b(11). n 7.Accessory buildings requiring permits .shall not be located closer than four (4)feet to a rear property'line and shall also obseirve the minimum side yard setback of the district in which it is located. 8.Detached accessory buildings shall have a minimum separation distance of six (6)feet from other structures on the same lot (unless fire resistant construction is provided therein/in accordance with the Building Code).If an accessory building is proposed to-be connected to the main residence,then it shall become a building addition and shall be connected along its entire length on one side to the main residence and must coitply-with all setback requirements for the main residence. The requirements for accessory buildings located on comer lots and on comer lots adjacent’to key lots are as follows: 9. On any comer lot,the accessory building shall not be located closer to the street side property line than that required for the main building. a. n ORDINANCE NO.1361 PAGE 4 OF 7 o n b.No part of any accessory building within ten (10)feet of the rear lot line shall be nearer the street lot line than the depth of -the front yard required on the key lot.This would only be provided if the rear of a comer lot adjoins a key lot in the same zoning district. L_L tD4'min.3'.CORNER LOT ADJACENT TO A KEY LOTT nTa: c ■ui A. KEY AND INTERIOR LOTS STREET The following corresponds to the letters located in the above image. Residential Lots in the same Zoning District: The street side yard setback for the main residence on a corner lot and street side yard setback for an accessory building behind main residence on a corner lot,must match the front yard setback for the main residence on the “key”lot. The side yard setback for an accessory building larger than one hundred twenty (120)square feet in area must meet the side yard setbacks required for the main building. This structure represents a “storage shed”as defined in Section 6.0116.11. a A” B ?? naC” 10.Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen (15)feet to the center line of said alley. 11.Storage sheds (such as those commercially available at big-boxretailers,used primarily for storage purposes)and tool sheds,in residential districts,of a height no greater than seven (7)feet and ORDINANCE NO.1361 PAGE 5 OF 7 nn the total square footage of which does not exceed one hundred twenty (120)square feet shall not be subject to permit requirements for accessory buildings provided: Such shed is located in the side or rear yard of the property and is a minimum of three (3)feet from property lines; a. b.No electric,gas,water,or sewer lines are connected to such shed;n All drainage flows,onto the owner's property;c. d.Storage sheds and tool sheds,as described in this section, shall not be subject to the design criteria as described in Section 6.0116.4 above; In mobile/manufactured home (MH)parks,recreational vehicle (RV)parks and RV subdivisions,one (1)storage or tool shed as described in this section shall be allowed to be located anywhere in the side or rear yard of the MH or RV lot area. Additional storage or tools sheds as described in this section shall be subject to the setbacks requirements indicated in Section 6.0116.11(a)above. e. SECTION III:PROVIDING FOR SEVERABILITY If any section,subsection,sentence phrase clause or proportion of this ordinance,or any part of the code adopted herein by reference,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. n PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS DAY OF ,2010. SIGNED AND ATTESTED TO THIS DAY OF ,2010. JOHN INSALACO Mayor ORDINANCE NO.1361 PAGE 6 OF 7 n n ATTEST: KATHLEEN CONNELLY City Clerk n APPROVED AS TO FORM: R.JOEL STERN City Attorney n ORDINANCE NO.1361 PAGE 7 OF 7 nn City of Apache Junction Development Services Department MEMORANDUM n DATE:February 23,2010 MEMO TO:Planning and Zoning Commission THROUGH:Fred Baker,Planning Division Manager FROM:Rudy Esquivias,Senior Planner/Zoning Admin. SUBJECT:February 23,2010 -Public Hearing Item: AM-3-09,Proposed Amendments to the Zoning Ordinance Regulations Pertaining to Accessory Buildings. Case Sximmary At their regular meeting on January 16,2007,the City Council approved and adopted Ordinance No.1279 (attached),which effectively,re-wrote Zoning Ordinance Section 6.0116 Accessory Buildings and Storage Sheds.The ordinance was adopted with some last minute floor amendments which,after the final version of the ordinance was prepared.Staff discovered it contained some inadvertent contradictions in the language,specifically in the applicability section. Over the last couple of years,other accessory building related amendments were directed by Council,including caretaker units (Ordinance No.1297,attached),guest homes (Ord.No.1300, attached),horse-boarding properties amendments (Ord.Nos.1343 and 1345,attached)and the changes to outbuilding regulations in the Rl-43 zone (which began as case AM-3-09). of the amendments going on more or less simultaneously,it became clear that the corrections to Section 6.0116 should wait until all the other cases were resolved first. n Because of all Presently,case AM-3-p9 picks up where we left off last May, when Planning Staff recommended to the Commission that they continue the case until the horse boarding amendments were decided. o n Case AM-3-09 Page 2 of 3 Current Amendment Case At the Commission meeting of January 26,Staff presented the first draft proposed changes to Section 6.0116,for the Commission's review and comment.The purpose of the changes is to correct the inadvertent contradictions adopted under Ordinance No.1279 and also to reconcile and cross reference Section 6.0116 with the other recent accessory building related ■amendments. n staff explained that while neither they nor the Commission have been directed to undo or substantively change any of the recent Council approved amendments,over the last couple of years Staff and Councilmembers have heard concerns/complaints from citizens (particularly residential property owners)regarding Section 6.0116's restrictions on accessory building size (relative to the main building),maximum height and design criteria, response to those concerns.Staff presented and the Commission discussed additional changes to Section 6.0116 to address some of those issues. In The \\Second Draft of proposed changes,discussed at the Commission meeting on February 9,incorporated the suggestions made by the Commissioners at their meeting on January 26. also presented two more items for the Commission's // Staff consideration.First,the Building Official is'proposing to amend the city's Building Code to allow detached accessory buildings (without water or electrical improvements)as large as 200 square feet to be constructed without need for a building permit.Presently the limit is 120 square feet.This would make Apache Junction consistent with Pinal County and bring us more in line with what the current International Building Code allows.So,small detached storage sheds and many horse shade structures would now be exempt from permit requirements,but would still be subject to setback requirements. n The second issue examined the proportional effect of allowing an accessory building to be the same size as the main building on large lot versus small lot properties. The suggestions made by the Commission members at their meeting on February 9,particularly with regard to:clarifying the zoning districts to which this ordinances applies;setting the size Third Draft ff of proposed changes attached hereto reflects n Case AM-3-09 Page 3 of -3 standard for accessory buildings relative to main buildings on large lot versus small lot properties and recognizing that other regulations may limit the same;specifying to which types of accessory buildings additional design criteria are applicable; and relaxing the requirement for a Conditional Use Permit for any building larger than 120 square feet, suggesting a few other revisions to the Code,including staying with the 120-foot standard,clarifying which types of accessory, buildings require permits and which do not,and suggesting a no permit standard for certain size horse shades and storage sheds. n staff is also Staff Recommendation rdStafffeelsthatthelanguageproposedinthe3 the suggestions made by the Commissioners,addresses most of the concerns which we have heard over the last couple of years,and corrects and clarifies the contradicting provisions previously contained therein. Draft reflects If after the public has commented,the Commission feels comfortable with this draft,then they may choose to forward their recommendation to the City Council, the Commission feels further changes are warranted,then they may continue this item to their meeting of March 23. If RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL)of case AM-3-09,,a City- initiated text amendment to the Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance, Article 6 General Provisions and Exceptions,Section 6.0116 Accessory Buildings and Storage Sheds,in accordance with the language contained in the Staff report dated February 23,2010; n OR- I move that the Commission continue case AM-3-09,pending further discussion and possible changes,until the public hearing of March 23,2010. Attachments; Section 6'.0116 with changes -3rd draft Ord.No.1279 (Accessory Buildings) Ord.No.1297 (Special Density Permit for Caretaker Residence) Ord.No.1300 (Exceptions for Guest Houses) Ord.No.1343 (Equine.Regulations) Ord.No.1345 (Equine Regulations/RV Camping) Lot Layout Comparisons n n SECTION 6.0116 EEIOPOSED CHANGES -3rd DRAFT -FEB.23,2010 (1®^draft changes indicated with tiigKy.ghtq.2"^draft changes shown in bold type,^draft changes shown in bold highlights.Strilccthrougho as needed.) SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS The following shall be applicable to accessory buildings in all residential and ccRinercial zoning districts except GR,TR,CB-1,CB-2,CI-1 anci ci-2 (iidiich have their own accessory building regulations).If conflicting regulations for accessory buildings are contained in a district's regulations or"elsewdiere iri the Zoriimg Ordinance,the district's other regulations shall apply. n 1.An accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing tools, building materials,.businesd (if zoned for business)or household goods,end provided that construction of the main building mupt-be is commenced within six months after completion of the accessory building,-and provided that da.No accessory building shall be used'for dwelling purposes, including sleeping,living,or cooking activities,unless a carotalcer's or servant's guoafeTS residence (-pa-g&uant".-to,'S ection ■6 ;'Q1Q8;3-lEs;Gcptiona for Guest Houpoo)’is permitted in the district.—Such accessory building shall comply with the yard ■requirements pf-£or the main building. 2.Pre-existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that: The accessory building/structure is secured (locked)and made safe (openings boarded up)prior to the establishment of the main use. a. n b.The accessory building/structure is not used for storage or any other purpose prior to the securing of a'■permit for the establishment of the main use. The accessory building/structure is in conpliance with the City's current Building Code and Zoning Ordinance. c. d.No accessory building shall be iised for dwelling purposes, including sleeping,living,or cooking activities. ■NeW'accessory buildings-shall also,conply with items c"andev n n Accessory buildings are permitted in a rear yard pr in the buildable -area where the main building is permitted.An accessory building in a residential zone (minimum lot size of 1.25 gross acroo 20,000 square^feet)or commercial zone,shall not be larger than ocvonty five pGreent-(7-5%—pcrocnt pmountij-y-of the existing square footage of the main structure or-six hundred (600)—square-feet [q^ new aqaafer-^Se&tage-aimuhii}in size,whichever is greater.An accessory building in a residential zone (lot sizes of less than l-r25 20,000 square feet)shall not be larger than seventy five percent (75%)of the existing square footage of the main structure or six hundred (600)square foot in size,whichever-is groatcr^and/must also conply VTith setback and lot coverage requirements. n 1 -1?Maximum height for an accessory building larger than one hundred twenty (120)square feet in area eha-M may be fifteen (15)foot equal to the height buii^hg.Any accessory building between seven-(7)and fifteen (15) feet -in height -and covering an area-'greater than one hundred twenty (120)square feet when conpleted,shall be subject to design criteria including: m isting main building allowed for the main Accessory buildings must be constructed of building materials that match or improve upon the main structure. a. Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure. b. Accessory buildings must coirplement the natural desert landscaping with color,building materials,and architectural style. c. n)Any air conditioning unit must be placed on the ground behind accessory buildings or out of view from the public right-of- way . d. The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof,depending on the design of the roof. e. Seventy five percent (75%)of each exterior wall of a metal building located in a single family residential zone and larger than one hundred twenty (120)square feet shall be covered with supplemental building materials including,but not limited to masonry,stucco,siding which matches the heme,textured paint or brick. f. nn Wr Any accessory building proposed to be taller than -f if toon (15) feet in height,up to the maximum height allowed for the main structure in the district.and;^c!i||larger than one hundred twenty (120) eguarc feet,the maximum size building allowed by Sections 6.0116.3 and 6.^0116.4 above is subject to the design criteria described in paragraph number :§,4;(immediately above)and must -be approved through a Conditional Use Permit,which may invoke additional design criteria.n Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15)feet from any property line,or if used for the.keeping of livestock,an accessory building shall complywiththeyardsetbacksrequiredforthemainbuildingorifother setbacks are specified,those shall apply. of omall-animals and fowl may be greeted to match -the height of theexistingmainbuilding.Horse'shades as'described^In Section 6.0130 Equine Regulations,vAiich are not larger than one hmdred twenty(120)square feet in area,not taller than ten (10)feet in height,and vAiich are not closer than three (3)feet to a property line,maybe-constructed without a permit.Horse shades in general are not subject to the design criteria listed'in Section 6.0116U above, other regulations applicable to structures for the keeping of horsesinSection-6.'0130^a(4)and .6.0130.b,(li).. Sholtcro for the keeping See €li.Accessory buildings requiring,permits shall not be located closer than four (4)feet to any a;i,:re^property line,except for any ■acccsQory building which-exceeds seven (7)feet in height,in which ease ouch structure and shall also observe the minimum side yardsetbackofthedistrictinwhichitislocated. m Detached accessory buildings shall have a minimum separation distance of six (6)feet from other structures on the same lot (unl^s fire ^sist^t construction is provided therein,in accordance with theBuildingCode).If an accessory building is proposed to be connected to the main residence,then it shall become a building addition and shall be connected along its entire length on one side to the main residence and must comply with all setback requirements for the main residence. n -89.The requirements for accessory buildings located on comer lots and on corner lots adjacent to key lots are as follows: On any comer lot,the accessory building shall not be located closer to the street side property line than that required for the main building. a. n n n b.No part of any accessory building within ten (10)feet of the rear lot line shall be nearer the street lot line than the depth of the front yard required-on the key lot.This would only be provided if the rear of a comer lot adjoins a key lot in the same zoning district. L-\L3'B CORNER LOT ADJACENT TO A KEY LOT lU,TF^c a: -^3' A KEY AND INTERIOR LOTS ¥ t— The following corresponds-to the letters located in the above image.n Residential Lots in the same Zoning District: The street side yard setback for the main residence on a comer lot and street side yard setback for an accessory building behind main residence on a comer lot,must match the front yard setback for the main residence on the “key”lot. The side yard setback for an accessory building larger than one hundred twenty (120)square feet in area must meet the side yard setbacks required for the main building. This stracture represerhs a “storage shed”as definedinSection6.0116.4^1. A”6i B 99 it C” n n Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen (15)feet to the center line of said alley. "ii'P storage sheds (such as those commercially available at big-box retailers-)—in residential districto>used primarily for storage purposes)and tool sh^ls,in residential districts, greater than seven (7)feet and the total square footage of which does not exceed one hundred twenty (120)square feet shall not be subject to permit requirenents the rear or side yard octbaclc requirements for accessory buildings provided: of a height no n One-Ssuch shed is may be located anyidieira in the side or rear yard of the property and is a minimum of three (3)feet from all property lines; a. b.No electric,gas,water,or sewer lines are connected to such shed; All drainage flows onto the owner's property^;!c. d.Storage sheds and tool shec^,as described,in l^s section, shall not be subject to the design criteria as described in Section 6i:0116 i 4 :above^ Additional storage or tool sheds-as described in this section shall be subject to the accessory building setback requirements of the zoning district in which,th^are located.- e. SECTION 6.0117 EXEPTION FOR ACCESSORY BUILDINGS nAnydeviationorexceptiontoanyoftheaboverequirementsforaccessorybuildingsissubjecttoaConditionalUsePermit. n n SECTICai 6,0116 EROPOSED CHBMGES -3rd DEiAET -FEB.23 ,2010 ("Clean"version.) SECTION 6.0116 ACCESSORY-BUILDINGS AND STORAGE SHEDS The following shall be applicable to -accessory buildings in all residential and commercial zoning districts except GR,TR,CB-1,CB-2,CI-1 and CI-2 (which have their own accessory building regulations).If conflicting regulations for accessory buildings are contained in a district's regulations or elsewhere in the Zoning Ordinance,the districts'and/or other regulations shall apply. n 1.An accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing tools, building materials,business (if zoned for business)or household goods,provided that construction of the main building is commenced within six months after -completion of the accessory building,and provided that: No accessory .building shall be used for dwelling purposes, including sleeping,living,'or cooking activities. a. 2.Pre-existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that: The accessory building/structure is secured (locked)and made safe (openings boarded up)prior to the establishment of the main use. a. The accessory building/stmcture is n'ot used for storage or any other purpose prior to the securing of a permit for the establishment of the main use. b. n The accessory building/structure is in compliance with the City's current Building Code and Zoning Ordinance. c. d.No accessory building shall be used for dwelling purposes, including sleeping,living,or cooking activities. 3.Accessory buildings are permitted in a rear yard or in the buildable area-Where the main building is permitted.An accessory building in a residential zone (minimum lot size of 20,000 square feet)or commercial zone,shall not be larger than the existing square-footage of the main structure.An accessory building in a residential zone (lot sizes of less than 20,000 square feet)shall not be larger than seventy five percent (75%)of the existing square footage of the main nn structure and must also catply with setback and lot coverage requirements. 4.Maximum height for an accessory building larger than one hundred twenty (120)square feet in area may be equal to the height allowed for the main building.Any accessory building covering an area greater than one hundred twenty (120)square feet when complete, shall be subject to design criteria including:n Accessory buildings must be constructed of building materials that match or improve upon the main structure. a. b.Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure.■ Accessory buildings must complement the natural desert landscaping with color,building materials,and architectural style. c. d.Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of- way. The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof,depending on the design of the roof. e. f.Seventy five percent (75%)of each exterior wall of a metal building located in a single family residential zone and larger than one hundred twenty (120)square feet shall be covered with supplemental building materials including,but not limited to masonry,stucco,siding which matches the home,textured paint or brick.n 5.Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building,as allowed by Sections 6.0116.3 and 6.0116.4 above,is subject to the design criteria described in paragraph number 4 (immediately above)and must be approved through a Conditional Use Permit,which may invoke additional design criteria. Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15)feet from any property line,or if used for the keeping of livestock,an accessory building shall comply with the yard setbacks required for the main building or if other setbacks are specified,,those-shall apply.Horse shades as described in Section 6.0130 Equine Regulations,which are not larger than one n n hundred twenty (120)square feet in area,not taller than ten (10) feet in height,and which are not closer than three (3)feet to a property line,may be constructed without a permit.Horse shades in general are not subject to the design criteria listed in Section 6.0116.4 above.See other regulations applicable to structures for the keeping of horses in Section.6.0130.a(4)and 6.0130.b(ll). 7.Accessory buildings-requiring permits shall not be located closer than four (4)feet to a rear property line and shall also observe the minimum side yard setback of the district in which it is located. n 8.Detached accessory buildings shall have a minimum separation distance of six (6)feet from other structures on the same lot (unless fire resistant construction is provided therein,in accordance with the Building Code).If an accessory building is proposed to be connected to the main residence,then it shall become a building addition and shall be connected-along its entire length on one side to the main residence and must corrply with all setback requirements for the main residence. 9.The requirements for accessory buildings located on comer lots and on corner lots adjacent to key lots are as follows: On any comer lot,the accessory building shall not be located closer to the street side property line than that required for the main building. a. n b.No part of any accessory building within ten (10)feet of the rear lot line shall be nearer the street lot line than the depth of the front yard required on the key lot.This would only be provided if the rear of a corner lot adjoins a key lot in the same zoning district. nn CORNER LOT ADJACENT TO A KEY LOT Ui IT tfl n KEY AND INTERIOR LOTS T^STREET The following corresponds to the letters located in the above image. Residential Lots in the same Zoning District: The street side yard setback for the main residence on a comer lot and street side yard setback for an accessory building behind main residence on a comer lot,must match the front yard setback for the main residence on the “key”lot. The side yard setback for an accessory building larger than one hundred twenty (120)square feet in area must meet the side yard setbacks required for the main building. This stmcture represents a “storage shed”as defined in Section 6.0116.11. ‘A’ “C 10.Accessory buildings used as a.garage or carport having access from an alley shall not be located closer than fifteen (15)feet to the center line of said alley.n 11.storage sheds (such as those commercially available at big-box retailers,used primarily for storage purposes)and tool sheds,in residential districts,of a height no greater than seven (7)feet and the total square footage of which does not exceed one hundred twenty (120)square feet shall not be subject to permit requirements for accessory buildings provided: One such shed may be located anywhere in the side or rear yard of the property; a. b.No electric,gas,water,or sewer lines are connected to such shed; no All drainage flows onto the owner's property;c. d.Storage sheds and tool sheds,as described in this section, shall not be subject to the design criteria as described in Section 6.0116.4 above; Additional storage or tool sheds as described in this section shall be subject to the accessory building setback requirements of the zoning district in which they are located. e. n SECTION 6.0117 EXEPTION FOR ACCESSORY BUILDINGS Any deviation or exception to any of the above requirements for accessory buildings is subject to a Conditional Use Permit. n n n ROLL CALL VOTE A NOTES: n MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDNOYES tCOUNCILMEMBERSERDY VICE MAYOR ECK COUNCILMEMBER DIETZ 7COUNCILMEMBERWILSON 7COUNCILMEMBERCOLEMAN 7COUNCILMEMBERBARKER MAYOR INSALACO n UNANIM^^ABSTAINEDOPPOSEDINFAVOR TOTAL f ‘- n n ROLL CALL VOTE NOTES: I z f / cznzy)1.1))I W U>-V lj/>MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDNOYES 7COUNCILMEMBERBARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON COUNCILMEMBER DIETZ VICE MAYOR ECK COUNCILMEMBER SERDY MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIM TOTAL ITEM NO.17 I MOVE THAT ORDINANCE NO.1361 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No.1361 by title only.Majority vote required.) I MOVE THAT ORDINANCE NO.1361,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED.n I MOVE THAT ORDINANCE NO.1361,AS READ BY THE CITY CLERK,BE DENIED. I MOVE THAT ORDINANCE NO.1361,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: n nCityofApacheJunction Home of the Superstition Mountmns Print TO:City Manager's Office Giao Pham,City Engineer April 6,2010 FROM: DATE: n'Agenda Type: Council Priority Focus Area: Regular Agenda Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION,DISCUSSION AND CONSIDERATION OF RESOLUTION NO.10-07,DECLARING THAT PORTIONS OFPUBLICROADWAYEASEMENTSLOCATEDONCONESTOGAROADFROMJUNCTIONSTREETTO1STAVENUEDESCRIBEDINEXTINGUISHMENTCASEEX2010-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLICROADWAYEASEMENTSANDAREHEREBYEXTINGUISHED. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Request for extinguishment of Federally Patented Easements on Conestoga Road between Junction Street and 1st Avenue.Request was received from Mr.Charles (Rocky)and Mrs.Sandra Govert and supported by adjacent property owner MrUniquePerez. Mr.Govert has requested we expedite this process,as their dwelling was damaged in a storm,and they want to build a newhometoreplaceit,and they need the easements area for set-back.The utility companies have no opposition to theextinguishments. The Public Works Department,Public Safety Department,Development Service Department and the Apache Junction FireDistrictrecommendextinguishmentoftheroadwayeasements. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Resolution No.10-07 D Council Memo with Application backup material nn RESOLUTION NO.10-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED,,ON CONESTOGA ROAD FROM JUNCTION STREET TO AVENUE AND DESCRIBED IN EXTINGUISHMENT CASE EX-2010-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. n the City upon incorporation became the holder of Docket 195 Page roadway purposes •over certain parcels of real WHEREAS, easements as described in Docket 205 Page 475, 32,.for public property described in Exhibit A and.depicted in Exhibit B;and WHEREAS,pursuant to Apache Junction City Code §13-2-4(G), on March 5,2010,the fee simple owners of the property,Charles (Rocky)and Sandra Govert ("Owners"),filed an extinguishment application,and included in the application was the adjacent property owner's (Unique Perez's)support ;for the extinguishment;and ■WHEREAS,'such easements may be extinguished by local municipal governments pursuant to A.R.S.§§9-500.24 and 28- 7214;and WHEREAS,on March 5,2010,Owners also paid the required non-refundable filing fee in application for the extinguishment request pursuant to Apache Junction City Code §13-2-4(H);and ,nWHEREAS,pursuant to Apache Junction City Code §13-2-4(1), 2010 submitted copies the .Development Services the City Engineer,the Apache Junction Fire District,as well as all affected public utility providers;and the Director of Public Works on March 8, of the application for comment to Director,the Public Safety Director, no opposition was received from Salt River Project,Southwest Gas,Arizona Water Company,and Superstition Mountain Community Facilities District to the extinguishment request and no response,was received from Qwest Communications; and WHEREAS, WHEREAS, Public Safety Department, RESOLUTION NO.10-07 PAGE 1 OF 3 the Public Works Director,the City Engineer,the the Development Services Department n n and the Fire District recommended extinguishment of the roadwayeasement;and WHEREAS,the extinguishment request, leave a parcel in established public with another public roadway or easement;and if approved,would not without access to an such lands separate ownership roadway or easement connecting n WHEREAS,the City easements in question, typography,have no or de minimus public value. Engineer has determined that the because of their locations and V NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AS FOLLOWS: The City Council finds that 1)of the City of Apache Junction,Arizona the roadway easements described and depicted in Exhibits A and B are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes and have no or de minimus public value. 2)The above-described easements are hereby extinguished for public roadway and right-of-way purposes. 3)Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities. 4)Owners additional seven {!') Street for the full length of the property extinguishing the easements referenced in this Resolution. shall dedicate forty feet,which includes an feet of right-of-way adjacent to Junction as a condition of n PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2010. DAY OF SIGNED AND ATTESTED TO THIS DAY OF ,2010. JOHN S.INSALACO MAYOR RESOLUTION NO.10-07 PAGE 2 OF 3 on ATTEST: KATHLEEN CONNELLY City Clerk n APPROVED AS TO FORM: RICHARD J.STERN City Attorney n RESOLUTION NO.10-07 PAGE 3 OF 3 n ..n EXHIBIT .A PARCEL 1 (adjacent to 103-04-002A) The East thirty-three feet (33')of the East half of the Northwest of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 22,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona.n EXCEPT the North forty feet (40')and EXCEPT the South thirty-three feet (33')THEREOF. PARCEL 2 (adjacent to 103-04-001C) The West thirty-three feet (33')of the West half of the Northeast of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 22,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona. EXCEPT the North forty feet (40')and. EXCEPT the South thirty-three feet (33')THEREOF. n EXHIBIT ”B JUNCTION f STREET 33 ?40 I66ROW '02B1B2A1CQQ <<Oo ITq: I 40 FIRST AVENUE1LI 33’3333 i<NI^CD I LU O 011-14A 14BO 15A 15CCO OLUmo O o SECOND AVENUE+1- r mRESOLUTIONNO.10-07 PAGE 4 OF 4 ;|PROPOSEDJEXTINGUISHMENT 15 n n Public Works Department Home of the Superstition Mountains Date:March 23,2010 n To:Honorable Mayor and Members of the City Council Through:George Hoffman,City Manager David Fern,Public Works Director From:Giao Pham P.E.,City Engineer Extinguishment of Federally Patented Easement on Conestoga Road Between Junction Street and 1®*Avenue Proposed Resolution No.10-07 Subject: Federally Patented Easements (FPEs)are the primary means vvhereby property is accessed by our citizens in the northeast areas of Apache Junction.FPEs were established as a means to allow large parcels of land to be split while maintaining public access to the newly formed lots. This region consists of the properties that were developed through lot split,rather.than subdivisions.FPEs are typically a total of 66 feet in width (that is 33 feet across the frontage of each property adjacent to the FPE). In 2002 the City of Apache Junction contracted with Kirkham Michael Consulting Engineers to develop a small area transportation plan for the area bounded by Old West Highway,IdahoRoad,State Route 88,and Goldfield Road.The study recommended which FPEs to be maintained,for transportation networks,based on the preservation of section line roads, midsection line roads and quarter section line roads.Likewise,the study also held recommendations for FPEs to be maintained for access to otherwise landlocked parcels.The plan was based upon full build-out of the area in question. Conestoga Road has never been opened or maintained by the City for public use.The roadway is classified as a local roadway.In addition,the FPE does not maintain access to any landlocked properties and adequate access to public rights-of-way would be available.Area transportation would not be adversely affected. Mr.Charles (Rocky)and Mrs.Sandra Govert filed an application for the extinguishment onConestogaRoadbetweenJunctionStreetand1®*Avenue.The application included a support petition signed by Unique Perez,the adjacent property owner,who also desires the extinguishment.The road is recommended for extinguishment by our Kirkham Michael study. The property owners desire the use of the 33 feet for setbacks and feel that additional roads are unnecessary in that area.During a recent storm,the Govets’s mobile home received major damage.They intend to build a custom home on the property,and the placement requires the easement use for setback purposes. City staff requests that the applicant dedicate 40 feet along Junction Street in conjunction with the extinguishment (presently there is a 33 foot FPE),which the applicant has agreed to do. n 575 E.Baseline Avenue,Apache Junction,AZ 85119 ‘Voice (480)982-1055 *FAX (480)983-5752 or (480)982-8005 nn 2285 E.Junction Apache Junction,AZ 85119 March 4,2010 Apache Junction Department of Works 575 E.Baselline Ave. Apache Junction,AZ 85119 n Re:Abandonment of Road Easement Parcel#103-04-002A Dear Sirs: We are applying for abandonment of the road easement between our property.Parcel #103-04-002A,and that of our neighbor.Unique Perez,Parcel #103-04-001C. Due to major damage to our home during the January 21''storm,we are intending to build acustombuilthomeonourpropertyandthentoteardownthedoublewidemobileinwhichwenowlive(I should say exist for the last month and a half).Because of the wash on the WestsideofthepropertyandtheroadeasementontheEastendoftheproperty,it would bedifficulttoplacethehomeonthelototherthantomovethematurehedgeontheWest side.By removing the road easement,we would be able to move the home toward the East sidewhichwouldleavethehedgealongtheWestwashintact. St We appreciate your attention to this matter and hope to receive your determination as soon aspossiblesothatwemaybeginbuilding.It is important to us to get this going as my wife,Sandra,has several medical problems which are exacerbated by the moisture and mold forminginthecurrentdomicile. Sincerely,. n I Charles W.and Sandra L.Govert n n APPLICATION FOR ROADWAY ABANDONMENT/ RIGHT-OF-WAY EASEMENT EXTINGUISHMENT -Cf'U riet hJ-OiDvert njril L-G-everf mb Name of Applicant (s) n Mailing Address /m-£>4~&£>zaPhone#1 Tax Parcel # Location of Right-of-Way Ab^dpnment /Right-of-Way Easement Extinguishment; On Eoihf line of pt-o^e.Aij -OoMe^(qc^A OKJ I/we do hereby certify that I/we am/are the owner/s of property that will be directly affected by thisapplication,and I/we do hereby execute this application. I•'7 •1 d.■■■// V Applicant Signature Applicant Signature State of ftRi to-As County of V < n The Foregoing Instrument was Acknowledged beforemethisslXdayofVY\ia,.i2jc-U bvCW^«3eS -L )ss.,20/0 My Commission Expires:Notary j^ublic ^ notary publicSTATEOPARIZONAMaricopaCountyTHERYNK.HANSENMyCommissionExpires04yi»/13 Page 4 of 5 cc ROADWAY ABANDONMENT /RIGHT-OF-WAY EASEMENT EXTINGUISHMENT SUPPORT PETITION is)d,kcLrlcs W‘GroVcfi dnd LNameofApplicant Mailing Address 7/4/Phone #Tax Parcel # of Abandonment/Extinguishment 0^E.o 5'//M W\<g-tOy~~f^doyxi.,.,,''^"To T5r ^All property owners ownmg property abutting the proposed roadway abandonment/right-of-way easement extinguishment must be contacted.' Signatin-es representing 100%of the frontage on all sides of the proposed roadway abandonment/right-of-way easement extinguishment must be insupportof,this action,and sign the support petition prior to submittal to the application to the Public Works Department for processing.Propertyownerswithin300’of the roadway abandonment/right-of-way extinguislxment must be notified. C Location I,THE UNDERSIGNED PROPERTY OWNER,WILL BE DIRECTLY AFFECTED BY THE PROPOSED ROADWAY ABANDONMENT/RIGHT-OF-WAY EASEMENT EXTINGUISHMENT.I SUPPORT THIS ACTION. 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ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Currently,seventeen states across the couritry have established systems that compile comprehensive data on violent deaths by collecting death certificates,medical exarriiner reports,and police department reports.The information from these documents is studied to help understand such criminal acts and inform communities,policy makers,planners,and decision makers on preventive programs that can be implemented.Approval of Resolution No.10-08 authorizes the city to enter into an intergovernmental agreement with ASU for data sharing purposes. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: n RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Resolution No.10-08 D Staff cover memo D FAQs.about Arizona Violent Death Reporting System Q IGA with ASU nn RESOLUTION NO.10-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE UNIVERSITY TO PARTICIPATE IN THE ARIZIONA VIOLENT DEATH REPORTING SYSTEM. n WHEREAS, established currently,17 states across the country have reporting systems that .compile statewide, on violent deaths by collecting data from medical examiner reports,and police and .inform comprehensive data death certificates, department reports to further understand such events communities,policy makers,planners,and decision .makers so that preventive programs can be implemented;and WHEREAS, participate in provide to Arizona State the Apache Junction Police Department desires to Arizona's Violent Death Reporting System and University .police and supplemental reports relating to violent deaths that occur in the City;and WHEREAS,the parties have crafted a written agreement which- sets forth the conditions for such arrangement;and .1 WHEREAS,in addition to the authorityidentified above, pursuant to A.R.S.§11-952(A),-public entities may enter into agreements with other municipalities and governmental entities for joint or cooperative activities. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND'CITY COUNCIL OF THE-CITY OF APACHE JUNCTION ARIZONA,AS FOLLOWS:n 1)The Mayor and City Council approve the agreement between the City of Apache Junction and Arizona State University and the Mayor is hereby authorized to signtheagreementonbehalfoftheCity. intergovernmental 2)Staff shall Recorder's execution by all Parties. record such document in office within sixty the Pinal County days after full(60) RESOLUTION NO.10-08 PAGE 1 OF 2 n n PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2010. DAY OF SIGNED AND ATTESTED TO THIS DAY OF ,2010. n JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM; RICHARD J.STERN City Attorney n RESOLUTION NO.10-08 PAGE 2 OF 2 nn From:Jerald Monahan To:Mayor and City Council The attached IGA formalizes our agreement with ASU to provide death-related police reports. Also attached is a copy of a Question and Answer menu provided by ASU. n Sharing of information in police and supplemental reports is extremely important so that researchers can compare cases nationwide and provide options to law enforcement that might decrease the number of victim related deaths.The City Attorney has opined,and has written into the agreement,that personal identifying information will be redacted from the reports to safeguard personal identities. n n n Frequently Asked Questions about the Violent Death Reporting System The following are a list of frequently asked questions about the Violent Death Reporting System and the expectations associated with an agency’s participation. What states are already participating in the VDRS? Alaska,Colorado,Kentucky,Georgia,New Mexico,Maryland,Massachusetts,Michigan,New Jersey,North Carolina,Ohio,Oklahoma,Oregon,Rhode Island,South Carolina,Utah,Virginia, and Wisconsin are currently participating.The CDC expects to eventually have all 50 states participating in the VDRS,similar to other publie health projects it sponsors. Is this an unfunded mandate? No.Data collection is not meant to be a burden,and the Centers for Disease Control and Prevention will provide compensation to assist with data collection.The specific strategy for collection will reflect the wants and needs of each agency.The project can provide funding to support agency personnel in the collection process,or ASU personnel can conduct site visits to collect the VDRS information without burdening the agency. Will the federal government use this data to create new mandates on our operations? No.To date,this has not been the case in the 17 other states that have been reporting such and similar public health surveillance systems conducted by the CDC do not create or enforce any such mandates upon law enforcement agencies.The intention of the VDRS is to better monitor issues of violent deaths as a public health concern. n What will be done with the data? Arizona will establish an advisory board to determine the use of this data and ensure local control over the data.The information can be used to inform public policy,contribute to community needs assessments and grant proposals,and guide resource allocation.If you are interested in playing a role on the advisory board please let us know. Will the data be kept secure? Yes.The Center for Violence Prevention and Community Safety at ASU will house the data in their secure,dark-net facility.The Center has extensive experience working with sensitive law enforcement-related data and confidential criminal history records.The secure data office has both physical and electronic safeguards consistent with HIPAA security requirements. o Why is ASU asking us to participate? The CDC has identified Arizona as a critical state for participation in the VDRS,due in part to its geographic importance as a U.S.-Mexico border state,the diversity of urban and rural communities,race and ethnic composition,and its significant growth characteristics.The Arizona Department of Health was approached by the CDC for participation,who asked ASU’s Center for Violence Prevention and Community Safety to take the lead on coordinating the logistics of establishing the VDRS in Arizona. nn What is the difference between VDRS data and UCR/SHR reports? The UCR and the Supplemental Homicide Reports (SHR)collect some information that overlapswithdatasoughtaspartoftheViolentDeathReportingSystem,but the VDRS seeks more detailed incident level information as well as information about accidental firearm deaths and suicides.See the information below for a comparison of the types of data collected between the two programs. UCR/SHR data currently collected by law enforcement:n 1)Victim:age,sex,race,ethnicity 2)Offender:age,sex,race,ethnicity 3)Weapon used 4)Relationship 5)Circumstances VDRS requires the following data collected from medical examiners and law enforcement agencies: 1)Person Information derived from death certificate Person type (Victim or Suspect) Name Social Security number Age,date of birth Sex Race categories Ethnicity Residential address Birth place Veteran status Marital status Place of death Date of death State of death Cause of death Underlying cause of death (ICDIO code) Whether an autopsy performed Pregnant Manner of death Date,time of injury Type of location of incident Injured at work Injury address Survival time Education Usual occupation,industry n n n 2)Toxicology results (Medical Examiner data) Date,time specimens collected Blood alcohol level Drug testing for amphetamines,antidepressants,cocaine,marijuana,opiates,other drugs 3)Other Victim Information (collected from Medical Examiner records)Number of wounds,bullets Location of wounds Manner of death At person's home Homeless status Victim in custody when injured Intoxication suspected Death type 4)Supplementary Homicide Report data (collected from law enforcement)SHR circumstance SHR situation SHR homicide type SHR justifiable homicide circumstance SHR victim-suspect relationship 5)Victim-Suspect Relationship (collected from law enforcement and medical examiner)Victim-Suspect Relationship Suspect was caretaker of victim Evidence of ongoing abuse n 6)Weapon Variables (collected from law enforcement and medical examiner)Weapon type Firearm information known Evidence recovered (gun,bullet,casing) Firearm type Make,model Cartridge specification Caliber,gauge Firearm serial number Firearm stolen Relationship to gun owner Gun stored locked;loaded n 7)Poison Variables (collected from law enforcement and medical examiner)Type of poison Poison code Patient drug obtained for nn Size of pill (mg) Number of pills (upper,lower bound) Estimated amount of liquid poison ingested (ml) Carbon monoxide source,if CO 8)Suicide Circumstances-Mental Health (collected from law enforcement and medical examiner)Current depressed mood Current mental health problem Diagnoses Treatment for mental illness (current,ever) Alcohol problem,substance problem Disclosed intent History of suicide attempts n 9)Suicide Circumstances Precipitating Circumstance (collected from law enforcement and medical examiner) Physical health problem Intimate partner problem Other relationship problem Job problem School problem Financial problem Recent suicide of friend or family Other death of friend or family Recent criminal problem Other legal problems Perpetrator of interpersonal violence Victim of interpersonal violence Crisis in past 2 wks Other 10)Homicide Circumstances (collected from law enforcement and medical examiner)Argument over money/property Jealousy (lovers'triangle) Intimate partner violence related Other argument,abuse,conflict Drug related Gang related Associated with another crime Type of crime;crime in progress? Justifiable homicide Hate crime Brawl (mutual physical fight) Terrorist attack Victim was a bystander Victim was a police officer on duty n n n Victim used weapon Intervener assisting crime victim Mercy killing Other 11)Unintentional Circumstance (Firearm death)-context (collected from law enforcement and medical examiner) Hunting Target shooting Self-defensive shooting Celebratory firing Loading/unloading gun Cleaning gun Showing gun to others Playing with gun Other n 12)Unintentional Circumstance (Firearm death)-mechanism (collected from law enforcement and medical examiner) Thought safety was engaged Thought unloaded:magazine disengaged Thought gun was unloaded,other Unintentionally pulled trigger Bullet ricochet Gun defect or malfonction Fired while holstering/unholstering Dropped gun Fired while operating safety/lock Gun mistaken for toy Other 13)Other Incident Information Incident ID number Incident status Incident narrative Number of nonfatally shot persons in incident Number of persons,weapons n nn INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY THIS AGREEMENT is made and entered into this day of 2010,by and between the CITY OF APACHE JUNCTION,ARIZONA,an Arizona municipal corporation,by and through its Police Department (hereinafter referred to“AJPD”),and the ARIZONA BOARD OF REGENTS,for and on behalf of ARIZONA STATE UNIVERSITY (hereinafter referred to as “ASU”).AJPD and ASU are sometimes referred to herein collectively as the “Parties,”or individually as a “Party.” RECITALS nas A.AJPD,by collaborating with ASU’s Center for Violence Prevention and Community Safety (“the Center”),is proposing to the Center for Disease Control the establishment of the Arizona Violent Death Reporting System (“AVDRS”). To date,seventeen states across the country have established such systems that compile statewide,comprehensive data on violent deaths by collectinginformationfromdeathcertificates,medical examiner reports,and police departmentreports. B. C.Objectives of these statewide data collection systems include providingcomprehensivesnapshotsofviolentincidentstofurtherunderstandsucheventsand informing communities,policy makers,planners,and decision makers on violent deaths so that preventive programs can be enacted. AGREEMENT NOW,THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and adequacy of which is herebyacknowledged,the Parties to this Agreement agree as follows; TERM OF THE AGREEMENT:The term of this Agreement shall become effective upon execution by authorized representatives of the Parties (the final date bothsignatureshavebeenobtained)and shall remain in effect unless terminated,canceledorextendedasotherwiseprovidedherein. TERMINATION OR AMENDMENT:Each Party shall have the right to terminatethisAgreementbymailingtheotherPartywrittennoticeofterminationbycertifiedmail,return receipt requested,at least thirty (30)calendar days prior to the termination date!This Agreement may be modified at any time by mutual written Amendment in order to accommodate unforeseen circumstances by the authorized representative of therespectiveParties. •n 1. 2. 1 n n 3.CONFIDENTIALITY: A.Any information that may be exchanged through this Agreement shall not be used for purposes other than those.covered,herein without prior approval of all the Parties. B.Any confidential medical information legally disclosed shall not be made available for any political or commercial purpose,nor shall such information be used as a basis for determining eligibility for care or source of payment for care to any individual. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA’”) COMPLIANCE: n 4. A.The Parties agree to adhere to the 1996 HIPAA Privacy and Security Rules as defined in 45 C.F.R.Parts 160 and 164,and under Circular No.2003-02 for policy and procedures. B.The Parties warrant that they will cooperate in the course of performance of the Agreement so that the Parties will be in compliance with HIPAA,including cooperation and coordination with state privacy officials and other compliance officers required by HIPAA and its regulations.The Parties will participate in any training that shall be required and shall sign any documents that are reasonably necessary to keep the Parties in compliance with HIPAA,including but not limited to business associate agreements,pledge of confidentiality,HIPAA training certification or other HIPAA related compliance documents. 5.APPLICABLE LAW:The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County,State of Arizona.The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other,county.In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement,it is mutually agreed that the prevailing Party in such action shall recover all costs including:all litigation and appeal expenses,collection expenses,reasonable attorneys’fees, necessary witness fees and court costs to be determined by the court in such action. n 6.CONFLICT OF INTEREST:This Agreement is subject to,and may be terminated by City in accordance with,the provisions of A.R.S.§38-511. 7.INSURANCE:;AJPD is insured by the Arizona Municipal Risk Retention Pool and ASU is self-insured for liability purposes per A.R.S.§41-621. RECITALS:The Recitals set forth above are incorporated herein by reference and form a part of this Agreement. 8. 2 nn 9.OBLIGATIONS: I.AJPD agrees to provide or continue to provide the Center with the following: a.Police reports,including such information as follows:typical incident narratives,person type (victim/suspect),name,age,sex,race,ethnicity,when and where injury/death occurred,wounds,associated circumstances,victim suspect relationship,history of victim abuse,victim/caretaker relationship,firearm descriptors,poison details,weapon used,and person purchasing firearm.This data will be made available to the Center from March 31,2010 and forward on a monthly basis,if the incident involves.a death, b.Supplemental reports,including:homicide report data related to person type (victim/suspect),name,age,sex,race,ethnicity,associated circumstances, weapon used,and any other available person descriptors for individuals residingwithinoreventsoccurringwithinArizona.This data will be made available to the Center retroactively from January 1,2008 and forward on a monthly basis,if theincidentinvolvesadeath. n c.The name or names of the AJPD employees that will provide theinformationdesignatedunderSectionI. d.It is understood AJPD will redact from materials provided to the Center all personal identifying information as defined in A.R.S.§13-2001 that can be used in identity theft and all confidentiaf medical information,except for victim names to match with Medical Examiner report data. II.The Center agrees to provide or continue to provide the AJPD with: a.A description of the security measures that are in place to maintain the confidentiality of the data being received.These measures at a minimum should follow the recommendations for the security considerations for applicants prepared by the ADHS Human Subjects Review Board, b.Analytical support for matters related to data collected as part of the n AVDRS. c.The Center will not use,nor disclose to any third party,informationprovidedbyAJPDinanymannerwhatsoeverexceptasallowedinthis Agreement,and will require that its employees and agents who have access tosuchinformationmaintainthesameinstrictconfidencesubjecttothesameforthree(3)years after the termination of this Agreement;provided that the Center's obligations hereunder shall not apply to information that was already known tothereceivingPartypriortothetimeoffirstdisclosure,as demonstrated byconteitiporaneous,written documentation;or: 3 n n i.At the time of disclosure is iri the public domain,or after the date of the disclosure,lawfully becomes a part of the public doitiain other than through breach of this Agreement by the receiving Party;or ii.Is received without any obligation of confidentiality from a third party having a legal right to disclose the same;or iii.Is independently developed by the receiving Party by individuals without access to such information,as demonstrated by contemporaneous,written documentation;or iv.Is required to be disclosed by the receiving Party pursuant to a legally enforceable order,subpoena,or other regulation (“Order”), provided,however,that the receiving Party promptly notifies the disclosing Party in advance of such disclosure and discloses only that information necessary to comply with said Order. III.The Parties collectively agree to: a.Carefully restrict use and access of information to those designated bytheCenter.Data provided by AJPD is for the use of the AVDRS only and no copies may be made of such records to provide to other individuals or entities for other purposes. n b.Prohibit any personal identifying information inadvertently supplied by AJPD from being released to anyone not working on AVDRS data collection,or the development of the AVDRS. c.Require all officers,agents and employees to keep all such shared information strictly confidential,to communicate the requirements for this section to all officers,agents and employees,to discipline all persons who itiay violate the requirements of this section and to notify the originating Party in writing within forty-eight (48)hours of any violation and corrective actions to be taken.n NOTICES.CORRESPONDENCE.AND REPORTS:All notices,correspondence and insurance certificates required under this Agreement shall be sent as follows; 10. If to AJPD:Jerald Monahan,Chief of Police City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 And to:R.Joel Stern,City Attorney City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 4 nn IftoASU:Office for Research &Sponsored Projects Admin. Attn:Dudley Q.Sharp Arizona State University P.O.Box 873503 Tempe,Arizona 85287-3503 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first set forth above.n ARIZONA BOARD OF REGENTS,for and on behalf of ARIZONA STATE UNIVERSITY By:Dudley Q.Sharp Its:Assistant Director.Research Administration CITY OF APACHE JUNCTION,ARIZONA,an Arizona municipal corporation By:John S.Insalaco Its:Mayor ATTEST: By: Kathy Connelly,City Clerk n 5 n n STATE OF ARIZONA) )ss. County of ) The foregoing was acknowledged before me this day of :2010,by Dudley Q.Sharp,Office for Research &Sponsored Projects Administration at Arizona State University,who acknowledgedthat she signed the foregoing instrument for and on behalf of the university.n Notary Public My Commission Expires; STATE OF ARIZONA ) )ss. COUNTY OF .) The foregoing was acknowledged before me this ,2010,by John S.Insalaco,the Mayor of City of Apache Junction, Arizona,an Arizona municipal corporation,who acknowledged that he signed the foregoing instrument on behalf of City. day of n Notary Public My Commission Expires: 6 nn COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. O' Arizona State University Office of General Counsel Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. R.Joel Stern,Apache Junction City Attorney Date O 7 n n ROLL CALL VOTE NOTES: 2lZZn MEETING 01ITEM# SECONDED BY:MOTION BY: ABSTAINEDNO COUNCILMEMBER WILSON COUNCILMEMBER SERDY 7"COUNCILMEMBER COLEMAN 7VICEMAYORECK COUNCILMEMBER BARKER COUNCILMEMBER DIETZ MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIMOU TOTAL o ITEM NO.19 I MOVE THAT RESOLUTION NO.10-08,A RESOLUTION OF THE MAYOR AND CITY . COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE UNIVERSITY TO PARTICIPATE IN THE ARIZONA VIOLENT DEATH REPORTING SYSTEM,(BE APPROVED)OR (BE DENIED). nn ROLL CALL VOTE NOTES: 77n mm MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDNO COUNCILMEMBER DIETZ COUNCILMEMBER BARKER VICE MAYOR ECK COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIM TOTAL n'X \ I n k \V r-' 7 'V '1 ; /' \I n / -) ITEM NO.20 &21 c .I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 - ^P.M.BE HELD ON MONDAY,APRIL 19,2010,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;ANDo THAT AN EXECUTIVE SESSION AT 5:45 P.M.BE HELD.ON TUESDAY,APRIL 20,2010,. IN THE CITY COUNCIL CONFERENCE ROOM.■ \ ADJOURNMENT; I MOVE THAT THE MEETING BE ADJOURNED AT P.M. I 7 ( ROLL CALL ff)WS. REG�, I SPEC CITY COUNCIL. P / A P / A P / A MAYOR INSALACO V VICE MAYOR ECK fl/ COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER DIETZ COUNCILMEMBER SERDY P/ COUNCILMEMBER WILSON V TOTAL CITY STAFF City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly V City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS fik/Cit/ \ t Date: V/ i /D City of Apache Junction Item No. Request to Speak Form or / Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes rV No❑ Only If Necessary ❑ C \ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. A1( &0A.-' ! (J(s�.tr Name (Print) 5 3,c C bD,,. ) A V n.e. fi __.S�.r- A, ,fis/i r Address City Zip Code Vfi6 -- 0.73a- r _ Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: 7/70 City of Apache Junction Item No. Request to Speak Form or q h Call to The Public i>° (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item Ye No❑ Only If Necessary ❑ C ❑ I am in favor of the proposed lte . ❑ I am opposed to the proposed Item. j (--(A) ) )11 ) fr.2 r Name (Print) g3 S I como s o72 k31c)- D Address City Zip Code jqC0- Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments: to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: 4' ©‘ -!6 City Apache A ache Junction lter fie. Request to Speak Form or Call to The Public (One Form Per (tern) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? YesV No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. s 5 S ce Name (Print) l I CA-cm 5 Address City Zip Code i4D3 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 •\,/ Date: ►1 -U�`i' )0 City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No Only If Necessary ❑ C ' ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. CAN 511eit 4-z77 � Name (Print) / 7 .5( 50 Y , n U Pet- Address City ` Zip Code Telephone This information will be used by staff for follow--up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 \(( V Date: L/4 Lo( d City of Apache Junction Item No. ) 7 Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes. No Only If Necessary ❑ C ' ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. � a e F'ri nt� N z)A Address City r. Zip Code r5 6 I S S if TY #�� � F- 5 rue Telephone 7 / / 2 This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearinq items. 8/18/09