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HomeMy WebLinkAbout2011 06.07 City Council Regular Agenda PLEASE FILL OUT A"REQUEST TO SPEAK"FORM IF YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM loCH ✓p y�o City of Apache Junction Home of the .Superstition :'Mountains Amok APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA June 7, 2011 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 all items listed as consent agenda items These items may include, 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 later in the agenda 1 Acceptance of Agenda. rank 2 Approval of Minutes of Regular Meeting of May 3,2011. 3 Consideration of Approval for a three-year contract with two one-year renewal options to Minnesota Life for term life insurance for the City of Apache Junction employees in an amount not to exceed$24,315.00. The city requested proposals for term life insurance and received twelve responses Minnesota Life is the lowest most responsible with an annual cost of$24,315 00 for the period of July 1,2011 through June 30, 2014,a savings of$7,535 00 per year when compared to the renewal terms of the current carrier 4 Consideration of proposed Resolution No. 11-19,authorizing the Mayor to direct the City Manager to co-sponsor additional resolutions on issues of importance to the City of Apache Junction. Resolution No 11-19 authorizes the Mayor to direct the City Manager or his designee to submit proposed resolutions to the League of Cities and Towns for adoption and inclusion in the 2012 Municipal Policy Statement and to submit or co-sponsor additional resolutions on issues of importance to the City of Apache Junction 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. OATHS OF OFFICE AND SEATING OF NEWLY-ELECTED MAYOR AND COUNCILMEMBERS. As required by law,the city clerk will administer the Oaths of Office to Mayor-elect Insalaco and Councilmembers-elect Barker,Serdy and Wilson 6 PRESENTATION OF A PLAQUE BY HABITAT FOR HUMANITY CENTRAL ARIZONA. Habitat for Humanity Central Arizona wishes to thank the City of Apache Junction for its ongoing support of home construction at Ironwood Estates and at the South Pino Circle development On May 21,2011, Habitat celebrated the dedication of two homes on South Pino Circle.Three councilmembers participated in the ceremonies and represented the city 7 PRESENTATION OF CHECK FROM MARCH 2011 ANTIQUE TRACTOR SHOW. Representatives from the 2011 Antique Tractor Show have requested time to present their donation to the Parks and Recreation Department Scholarship Fund 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 on such items except for clarifying comments related to substance,time and location. G CITY MANAGER'S REPORT. The City Manager,members of City staff or those 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 clarification inquiries 8. MANAGERS REPORT. H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5) minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 9. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON. The public hearing is the next step in the process for a temporary extension of premises permit as required by state law The council shall make a recommendation for approval or denial which will be forwarded to the Arizona Department of Liquor Licenses and Control 10 PROPOSED RESOLUTION NO 10-39,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 "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED. To avoid excessive publication costs,State law allows municipalities to enact provisions of a code or public record by reference. The lengthy Zoning Code provisions must first be declared a public record by resolution and must then be passed by adopting ordinance Resolution No 10-39 declares this document as a public record and Ordinance No 1362 adopts the city-initiated text amendment to Article 5(Definitions)and Article 6 (General Provisions)of the city's definition of home-based occupations 11 PROPOSED ORDINANCE NO.1362,ADOPTING BY REFERENCE HOME-BASED OCCUPATION ZONING CODE AMENDMENTS. This is a Public Hearing on proposed Ordinance No 1362 amending the Zoning Ordinace regarding Home- Based Occupations Proposed is an amendment to Article 5(Definitions)and Article 6(General Provisions) AN . At their meeting of September 28,2010 the Planning and Zoning Commission voted 6-1 to recommend to the city council approval the home-based occupation text amendments Council heard this item at their Public Hearing on January 4,2011 and voted to continue this item to the May 2nd Work Session and this Public Hearing 12 DEVELOPMENT FEE APPEAL FROM MR.TROY MORGAN. Mr Troy Morgan is requesting a development fee waiver for construction of a conventional home at 1061 East Superstition Boulevard I 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 None 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 13 NOMINATION AND SELECTION OF VICE MAYOR Nomination and selection of Vice Mayor as required by City Code 14 DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES. Selection of council signatories for city checks City checks require the signature of a council member in addition to that of the city clerk K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None. L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 15 EXECUTIVE SESSION AT 5.45 P M.AND WORK SESSION AT 7.00 P.M. FOR MONDAY,JUNE 20,2011. 16. EXECUTIVE SESSION AT 545 P M FOR TUESDAY,JUNE 21,2011.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may, at the conclusion 1) respond to criticism by a speaker;2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker 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 ,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time Amok 111% Z City of Apache Junction Home of the Superstition Mountains 4Rrzoto. LS Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Approval of Minutes of Regular Meeting of May 3, 2011 ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download U 050311 unapproved minutes ems orN CITY COUNCIL REGULAR MEETING MAY 3, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 3, 2011, at the Apache Junction City Council Chambers pursuant to the notice required n by law CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present • Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Others Present. Program Coordinator Heather Patel Recreation Superintendent Liz Langenbach REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 1 OF 13 I Senior Library Assistant Karen Rails Library Manager Spencer Paden Revenue Resources Manager Roger Hacker Assistant to the City Manager Ruth Giese ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Barker SECONDED THE MOTION VOTE. Unanimous The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mr Grady McCann, race director from the Lost Dutchman Marathon, presented a check in the amount of $22, 000 to the Parks ana Recreation Department Scholarship Fund and a check for $7, 000 for the Apache Junction Police Department Auxiliary He thanked the mayor and council for their assistance, Councilmember Coleman for running in the marathon, the police department, the city clerk department, public works department and the parks and recreation department for their assistance, and singled out Parks and Recreation Director Jeff Bell, Recreation Facilities Manager Jamie Sullivan, Recreation Coordinator I Jay Reynolds, Parks Manager Keith Graves, and Recreation Superintendent Liz • Langenbach for their special assistance. ^ Ms. Laura Devany and Ms. Aimee Kempton-Sarosi of First Things First gave a presentation on the Pinal Region' s program . Council asked if they could accept donations as they have empty book shelves. They were advised they are always taking book donations and volunteers. They also take donations and volunteers for food boxes. Library Circulation Supervisor Karen Rauls and Mayor Insalaco presented Certificates of Appreciation to Teen Advisory Board volunteers REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 2 OF 13 ems orN Mayor Insalaco welcomed Boy Scout Troop #970 to the counci— meeting Mayor Insalaco read a proclamation designating May 15-21, 2011, as National Public Works Week and presented it to Interim Public Works Director Giao Pham CITY MANAGER' S REPORT OIN City Manager George Hoffman thanked Grady McMann and the volunteers for their work on the Lost Dutchman Marathon, thanked Parks and Recreation Director Jeff Bell for being instrumental in bringing the Gilbert Rodeo to Apache Junction this year, commented on other events that will take place the same week as the Gilbert Rodeo and the Superstition Mountains being in Readers' Digest, and read letters to the mayor regarding work done by the public works department and the continued council support of the transportation services ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Dietz thanked the chief for Crime Scene Technician Stephanie Bourgeois being named as the department employee of the quarter. Public Safety Director Jerald Monahan stated she wrote a proposal to the Department of Justice to create a sexual assault response team and received funding to send 4 team members to Austin, Texas for training this month This past week she graduated from the Police Reserve Academy at the Chandler- Gilbert Community College. She completed that on her own time She is now a certified peace officer in Arizona while working for us as a crime scene technician Mayor Insalaco announced three miles south on Ironwood past US 60 there is now a speedway. Manzanita Dirt Track closed and they moved Arizona Speedway out here It has been open a month four Saturdays in a row. The first Saturday they had over 1, 500 people there. Since then they have had over 3, 000 people every week for these races, coming from as far away as Las Cruces, New Mexico, and they come from the west valley It is something that could be big They are estimating it could be as big as REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 3 OF 13 O Manzanita Speedway, or even bigger. It is a third mile dirt track and brings back the early days of the hot rods PUBLIC HEARINGS RESOLUTION NO 11-08 AUTHORITY TO SUBMIT AN APPLICATION, RESOLUTION ^ 11-09 COMMITMENT OF LEVERAGE FUNDING AND RESOLUTION NO 11-10 RESIDENTIAL DISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE SUBMITTAL OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS Program Coordinator Heather Patel briefed the council on the item Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E Quail, Apache Junction, commented it is a privilege for cities to apply for these grants He does not know how they are selected, but there are many areas that could use infrastructure upgrades, more so than the ones he has heard now. He suggested the city clean up their act as he has heard complaints on unfair application of these monies, discriminatory behavior and acting selectively Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion There being no further OIN discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO 11-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2011 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA") , FY 2010/2011 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS, AND (2) IS NECESSARY FOR REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 4 OF 13 , IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATION (S) , BE APPROVED; AND I MOVE THAT RESOLUTION NO 17 -09, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY Or APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AND FY 2011/2012 STATE SPECIAL PROJECTS ("SSP") APPLICATION (S) , BE APPROVED, AND I MOVE THAT RESOLUTION NO 11-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR FISCAL YEAR 2011 AS REQUIRED UNDER SECTION 104 (D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, BE APPROVED Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous The motion carried OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF SUBMITTAL OF 2012 LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTION Assistant to the City Manager Ruth Giese briefed the council on the item Mayor Insalaco commented when he was on the resolution committee, it seems when you have some partners to go in together, they get approved That is what_ has happened the last 3 years Everything that we sponsored or co- sponsored with someone else got approved It does help if you REGULAR MEETING Or THE CITY COUNCIL MAY 3, 2011 PAGE 5 OF 13 have somenody sponsor something with you He asked Courcilmembe.r. Coleman if he was correct Councilmember Coleman stated he was right. It is required now that you have to have at least two 'sties, one being the co-sponsor That was started when he was president of the League because a lot of resolutions were being submitted that only affected one community This was they have to run it by someone else. Vice Mayor Dietz stated the more the better Mayor Insalaco commenter the city does not have to be a neighbor. Assistant to the City Manager Ruth Giese stated they seek a resolution that is broadly-based rather than to one municipality At the work session two weeks ago, there was discussion about the City of Apache Junction submitting a resolution regarding US 60 and all highways with regard to the speed limits of trucks. Vice Mayor Dietz commented it was on the speed limits of trucks and the lanes tney travel in Assistant to the City Manager Ruth Giese stated that is correct She was seeking directu n if they wanted to proceed with that resolution or any other resolution Vice Mayor Dietz STATED -IE WOULD LIKE TO MAKE A MOTION ON WHAT SHE SAID Councilmember Coleman SECONDED THE MOTION. Vice Mayor Dietz commented it is on traveling trucks and the speed limits as tar as the middle They need to look at how they can get it written up and co-sponsored, the more the better He also wanted the city manager autnorized to sign this and any others they may have He asked if the other cities will come to them if they have any REGULAR MEETING Or THE CITY COUNCIL MAY 3, 2011 PAGE 6 OF 13 others they wish them to co-sponsor or if they would go directly to the city manager City Manager George Hoffman stated the intent is if there is enough time, it would come back to the council If the window does not allow enough time to come back to the council, this mechanism would afford them the leeway to do something instead of saying to the other city that they do not have enough time to get back to them He asked if that is how Ruth was conceptualizing it. Assistant to the City Manager Ruth Giese stated that is correct She added this would allow them to advise the council of any sponsorship for any resolutions that come our way, whether it is by weekly report or sitting in front of you at a council meeting Generally the cities ask fot co-sponsorship at a time where there mignt rot be a meeting for a couple weeks. The deadline is June 19. This resolution will allow us, if it is important to us and will benefit the City of Apache Junction, to say they will co-sign with them. Vice Mayor Diet? stated that is the gist of h] s motion Assistant to the City Manager Ruth Giese stated that is correct . Councilmember Serdy asked if the recommendations that the cities make that are approved are suggested to the Arizona Department of Transportation since we cannot set state law. Councilmember Coleman stated there is no guarantee. Vice Mayor Dietz commented they have done this once before with the street lighting districts and how they operated. It was previously based on the valuation of your home, whicn was not quite fair to the other residents in the community. If he had a house wortn $400, 000 and his neighbor had a house worth $200, 000, he was paying twice as much as the other person for the one street light they were REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 7 OF 13 -^ both using. 6+1e submitted a change to where it would be di"ided by the amount of homes in the subdivision. Everyone pays the same amount, which is fair . It was submitted to the League Resolutions Committee Tney nappened to take tnat one on and submitted it to the state legislature It went on from there and they changed the law Councilmember Coleman commented they are submitting these resolutions to the League to set their legislative agenda for the next year They prioritize the resolutions. The mayor was part of that resolutions committee. They help to prioritize the ones that we view as the most important. The rest of them are not ignored. They will look to find sponsors for those in the house and senate They will introduce them as bills. It sets the legislative agenda It is not just for the state, they can also be for congress if we have congressional needs that are statewide. Councilmember Serdy commented it gives them some lobbying powers. Councilmember Coleman stated it sets the legislative agenda for the League. Councilmember Serdy asked if they would have input on this as it is being written. There are a few details he was concerned with. Assistant to the City Manager Ruth Giese stated staff could prepare a draft resolution They will make sure all of them could review the draft before it is submitted. Councilmember Serdy asked if they communicate with other cities during this process Assistant to the City Manager Ruth Giese stated we only have about a month, so they have to get it solidified because it takes a little bit of time to send it out to other municipalities for co-sponsorship They have to give them a little bit of time on their end as well. They will start right away REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 8 OF 13 ems Councilmember Serdy asked if they should have discussed this during the last work session He did not think they could discuss it now City Attorney Joel Sterr stated they could discuss it now Councilmember Serdy commented ems he was worried about how it would affect 1-40 and I-10 which we are so far away from. He does not want to hurt the state commerce-wise if trucks are going to avoid us Vice Mayor Dietz stated if it is a two lane road it will not have any impact on it at all Councilmember Serdy commented this would not affect 1-40 and I-10 and commerce coming in and out Mayor Insalaco commented it is the interstates that have 4 and 5 lanes Councilmember Serdy commented he could see where It could be needed in the city. Mayor Insalaco stated that is what they are talking about. Councilmember Serdy commented those had been his concerns He did not want truckers thinKing it would be a problem to drive through Arizona Vice Mayor Dietz commented it has been in California for as long as he can remember. He was born and raised there. Mayor Insalaco commented there are 4 or 5 lanes and the truckers are in the far left lane It is a different story with a 2 lane road Councilmember Wilson asked if they are talking about changing the speed limit REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 9 OF 13 ON ON Mayor Insalaco stated they are not Councilmember Wilson stated that is what he tnought they were talking about, making them keep to 55 miles pei hour throughout the entire state. Mayor Insalaco stated that is not what they were talking about . He commented this has been moved and seconded City Clerk. Kathleen Connelly asked who made the second Mayor Insalaco stated Mr Coleman Councilmember Coleman stated he did it a long time ago. City Clerk Kathleen Connelly stated they usually ao not have discussion after the motion. VOTE. Unanimous (Councilmember Barker was ill and had left the meeting ) The motion carried INDIAN COMMUNITY SLATE SHARED REVENUE PROGRAM _ ) Revenue Resources Manager Roger Hacker briefed the council on the item. Vice Mayor Dietz asked if they were going to allow nonprofits as long as it does not interfere with anything the city is submitting. They have not allowed them in the past Revenue Resources Manager Roger Hacker stated they wanted him to come pack to them with a set of policy recommendations that if they chose to do that, they would have to meet -1, y and z stipulations That is what he is bringing back to them on June 6 at the work session. REGULAR MEETING OF ThE CITE' COUNCIL MAY 3, 2011 PAGE 10 or 13 Councilmember Coleman asked if he is looking for a motion to direct nim to prepare a draft policy for them to review. Revenue Resources Manager Roger Hacker stated that is correct. Mayor Insalaco closed the OmN discussion with no further comments and called for a motion Councilmember Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM THAT THEY PREPARE A DRAFT POLICY FOR THE COUNCIL TO REVIEW. Councilmember Smithson SECONDED THE MOTION VOTE Unanimous (Council Barker was ill and had left the meeting. ) The motion carried SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz stated :hat due to the general election, the executive session at 5. 45 p.m. and work session at 7.00 p m on Monday, May 16, 2011 are cancelled, and the executive session at 5. 45 p m and regular meeting at 7 00 p.m. on Tuesday, May 17, are cancelled. He MOVED THAT AN EXECUTIVE SESSION AT 5 45 P.M. AND A WORK SESSION AT 7 .00 P M BE HELD ON MONDAY, JUNE 6, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVEL?, AND THAT AN EXECUTIVE SESSION AT 5. 45 P M BE HELD ON TUESDAY, JUNE 7, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Coleman SECONDED THE MOTION. VOTE Unanimous. (Councilmember Barker was ill and had left the meeting. ) REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 11 OF 13 The motion carried. CALL TO THE PUBLIC Mr Elliott Fisher, 547 E Quail, Apache Junction, addressed the council regarding basic bus service and term limits . Mr Jeremy Hoenack, 500 N Estrella Parkway B2602, Goodyear, addressed the council regarding digital signs Vice Mayor Dietz commented it is a shame that the youth hate Apache Junction because we do not have twinkling signs Mayor Insalaco commented we do have term limits Regardless of the percentage, if the people vote us in, we are elected If they do not vote us in, our term is up. It is simple Secondly, to have somebody come to us and ask for something, degrade the city and this council, he thinks is terrible If he thinks ne wants to do something in this city, he believes he is going about it the wrong way. ADJOURNMENT _) 7 Mayor Insalaco adjourned the meeting at 8 07 p m. Consent Agenda Items are as follows. 1. Acceptance of Agenda 2. Approval of Minutes of Regular Meeting of April 19, 2011 ACCEPTED THIS 7TH DAY OF JUNE, 2011, BY THE MAiOR AND CITY ^ COUNCIL OF THE C1fY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 7TH DAY OF' JUNE, 2011 . JOHN S INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2011 PAGE 12 OF 13 eaN ATTEST KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION 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 3rd day of May, 2011 I further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of May, 2011 . LX ZLA: L z1)c ALL, LC.< KATHLEEN CONNELLY J City Clerk REGULAR MEETING Or THE CITY COUNCIL MAY 3, 2011 PAGE 13 OF 13 Albk &CHF✓Gy Q City of Apache Junction Home of the Superstition Mountains 4R/zot AS Print TO: City Manager's Office FROM: Liz Riley, Human Resources Director DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of Approval for a three-year contract with two one-year renewal options to Minnesota Life for term life insurance for the City of Apache Junction employees in an amount not to exceed $24,315 00 ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The city requested proposals for term life insurance and received twelve responses Minnesota Life is the lowest most responsible with an annual cost of$24,315 00 for the period of July 1, 2011 through June 30, 2014, a savings of$7,535.00 per year when compared to the renewal terms of the current carrier. ... FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectuflly requests council approval to award a three-year contract with two one-year renewal options to Minnesota Life for term life insurance for the City of Apache Junction employees ATTACHMENTS. Click to download U cover memo P-?Ac��J- ram, ':::.1 6 ARC irs 7 � � 4RtzQNp" To: George Hoffman, City Manager Through: Bryant Powell,Assistant City Manager asC From: Elizabeth H Riley, Director of Human Resources Date: May 13,2011 Subject: Term Life Insurance On March 16, 2011 the City of Apache Junction released a Request for Proposal (RFP) for group life insurance Responses were due on April 20,2011at 2 00 PM. The City mailed copies of the RFP to applicable companies on the City's bid list in addition to others who had expressed an interest over time. The mailing went to approximately 16 companies. Information relating to the RFP was also posted on the City's website and advertised in the Arizona Republic Responses were received from 12 companies including Standard Insurance Company, which is the current provider. Responses were received from. Aetna Humana MetLife Standard Cigna ING MinnLife SunLife rr Hartford Lincoln Prudential UNUM The responses were reviewed by the City's Benefit Consultant,Jim Loeb and the Director of Human Resources The Benefit Consultant and the Director of Human Resources recommend the City accept the proposal submitted by Minnesota Life. The cost is$24,315 per year for a three(3)year contract this amount includes the Water District. It is also recommended that there are two one-year renewal periods,for a total of five (5)years. It is anticipated that by contracting with Minnesota Life the City will realize a cost avoidance of approximately $7,535 while enhancing some of the provisions offered by the current provider Flizaheth H Riley Director of Human Resources City of Apache Junction 300 E Superstition Blvd Apache Junction.AZ 85219 480 474.2617 p g rpACNF�Gy City o,f Apache Junction Home of the Superstition Mountains 4Rrloo* ai Print Am. TO: City Manager's Office FROM: Ruth Giese, Assistant to the City Manager DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area- TITLE OF AGENDA ITEM: Consideration of proposed Resolution No 11-19, authorizing the Mayor to direct the City Manager to co-sponsor additional resolutions on issues of importance to the City of Apache Junction ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Resolution No 11-19 authorizes the Mayor to direct the City Manager or his designee to submit proposed resolutions to the League of Cities and Towns for adoption and inclusion in the 2012 Municipal Policy Statement and to submit or co-sponsor additional resolutions on issues of importance to the City of Apache Junction. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 Resolution No 11-19 RESOLUTION NO. 11-19 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING CITY SPONSORSHIP OF RESOLUTIONS FOR ADOPTION BY THE LEAGUE OF ARIZONA CITIES AND TOWNS ("LEAGUE") FOR INCLUSION IN THE 2012 LEAGUE MUNICIPAL POLICY STATEMENT. WHEREAS, the LEAGUE is an organization that represents the interests of municipalities before the Arizona State Legislature; and WHEREAS, the LEAGUE annually adopts a platform for the upcoming legislative session through adoption of resolutions presented by its members; and, WHEREAS, the City of Apache Junction is a member of the LEAGUE; and WHEREAS, the City Council of the City of Apache Junction desires to present proposed resolutions for consideration as part of the League' s 2012 Municipal Policy Statement; and WHEREAS, the City of Apache Junction may be asked by other cities to co-sponsor proposed LEAGUE resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS• The Mayor may authorize the City Manager or his designee to submit the proposed resolutions to the LEAGUE for adoption and inclusion in the 2012 Municipal Policy Statement and to submit or co-sponsor additional resolutions on issues of importance to the City of Apache Junction. RESOLUTION NO. 11-19 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011, and SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 11-19 PAGE 2 OF 2 ROLL CALL VOTE NOTES iki1/4r V /Z 11 ITEM # MEETING OF I 1 4* o MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY J VICE MAYOR DIETZ V COUNCILMEMBER SMITHSON V COUNCILMEMBER WILSON 1 COUNCILMEMBER COLEMAN °✓ COUNCILMEMBER BARKER V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL v CONSENT AGENDA ITEMS NO. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR A THREE-YEAR CONTRACT WITH TWO ONE- YEAR RENEWAL OPTIONS BETWEEN THE CITY OF APACHE JUNCTION AND MINNESOTA LIFE FOR TERM LIFE INSURANCE FOR CITY EMPLOYEES IN AN AMOUNT NOT TO EXCEED $24,315.00 BASED ON EMPLOYEE POPULATION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY, AND THAT RESOLUTION NO. 11-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING CITY SPONSORSHIP OF RESOLUTIONS FOR ADOPTION BY THE LEAGUE OF ARIZONA CITIES AND TOWNS ("LEAGUE") FOR INCLUSION IN THE 2012 LEAGUE MUNICIPAL POLICY STATEMENT, BE APPROVED Amok Am. 4 gACH • City of A,pache Junction z Home of the Superstition Mountains AS Print TO City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: OATHS OF OFFICE AND SEATING OF NEWLY-ELECTED MAYOR AND COUNCILMEMBERS ACTION REQUESTED: No Recommendation DISCUSSION/BACKGROUND INFORMATION: As required by law, the city clerk will administer the Oaths of Office to Mayor-elect Insalaco and Councilmembers-elect Barker, Serdy and Wilson FISCAL IMPACT. Budgetary Approval Not Required ^• OPTIONS/ALTERNATIVES: RECOMMENDATION. ATTACHMENTS. Click to download D Oath-Insalaco D oath-barker D oath-serdv U oath-wilson �► City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, JOHN S. INSALACO, do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Mayor according to the best of my ability, so help me God Signature Subscribed and sworn to before me this 7th day of June,2011. City Clerk CERT I F GATE OF SETT } I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a Primary Election held in and for the City of Apache Junction on the 8th day of March, 2011, John S . Insalaco was duly elected to the office of Mayor of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011. Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Final ) ss City of Apache Junction ) I, ROBIN BARKER, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God. Signature ,.. Subscribed and sworn to before me this 7th day of June,2011. City Clerk CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, II State of Arizona DO HEREBY CERTIFY that at a Primary Election held in and for the City of Apache Junction on the 8th day of March, 2011, Robin Barker vas duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011. Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pmal ) ss City of Apache Junction ) I, JEFF SERDY, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God. Signature Subscribed and sworn to before me this 7th day of June,2011 City Clerk OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a General Election held in and for the City of Apache Junction on the 17th day of May, 2011, Jeff Serdy was duly elected to the office of Mayor of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011 Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pmal ) ss City of Apache Junction ) I, WALTER "CHIP" WILSON, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies,foreign or domestic,and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God Signature r. Subscribed and sworn to before me this 7th day of June,2011 City Clerk CFRT I IICTE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a General Election held in and for the City of Apache Junction on the 17th day of May, 2011, Walter "Chip" Wilson was duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011. Kathleen Connelly City Clerk 4i &CH/de "% City of Apache function U IOW. Allan Home of the Superstition Mountains .RiZON�� Print '..., TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. Community Development TITLE OF AGENDA ITEM: PRESENTATION OF A PLAQUE BY HABITAT FOR HUMANITY CENTRAL ARIZONA ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: Habitat for Humanity Central Arizona wishes to thank the City of Apache Junction for its ongoing support of home construction at Ironwood Estates and at the South Pino Circle development On May 21, 2011, Habitat celebrated the dedication of two homes on South Pino Circle Three councilmembers participated in the ceremonies and represented the city FISCAL IMPACT: A.► Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that the Mayor receive the plaque on behalf of the City Council ATTACHMENTS: Click to download No Attachments Available 4/ACH �Gy (� o City of A�pache Junction IU' Z Home of the Superstition Mountains OS Print TO: City Manager's Office FROM. Jeff Bell, Director of Parks and Recreation DATE: June 7,2011 Agenda Type Regular Agenda Council Priority Focus Area' TITLE OF AGENDA ITEM PRESENTATION OF CHECK FROM MARCH 2011 ANTIQUE TRACTOR SHOW ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: Representatives from the 2011 Antique Tractor Show have requested time to present their donation to the Parks and Recreation Department Scholarship Fund. FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RkCQMMENDATION: Acceptance of Check ATTACHMENTS: Click to download No Attachments Available prACH City of Apache Junction Home of the Superstition Mountains 25,Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE. June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. p eACH ✓o y of.'-'44 4% Gi Apache Junction U____ Home of the Superstition Mountains 4RitOpf'' i ,Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The public hearing is the next step in the process for a temporary extension of premises permit as required by state law. The council shall make a recommendation for approval or denial which will be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo D application D applicant letter D department memo D plannino recommendation D fire district recommendation vs PCF (e9iWit- eyfe-Viefehez o Horne of the Superstition Mountains 4RtZONP MAY 20, 2011 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK 't. FROM. JAN MASON, DEPUTY CITY CLERK A. SUBJECT AGENDA ITEM FOR JUNE 7, 2011 APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE An application for an Extension of Premises has been submitted by Ms Mona E. Reynolds for Jakes-O-Mine Saloon located at 1985 W Apache Trail in Apache Junction Correspondence has been received from the Fire District and Planning Division, a copy of which is attached The recommendation from the police department is pending at this time and will be forwarded upon receipt The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. •Voice(480)982-8002 • FAX (480)982-7018•1 DI)(480)983-0095 • ctiw‘c way net 300 I:i Superstition Boulevard. Apache Junction AZ 85219 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www azliquor gov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR ❑ Permanent change of area of service—Give specific purpose of change oak CI Temporary change for date(s)of Sunday, June 12,2011 2-7pm 1 Licensee's Name Reynolds Mona E Last First Middle 2 Mailing Address 1985 W Apache Trail Apache Junction AZ 85120 City State Zip 3 Business Name Jakes-O-Mine Saloon LICENSE# 06110021 4 Business Address 1985 W Apache Trail Apache Junction AZ 85120 City COUNTY State Zip 5 Business Phone ( 480 ) 982-8608 Residence Phone ( 480 ) 636-9674 6 Do you understand Arizona Liquor Laws and Regulations" 0 YES ❑ NO FAX# ( 480 ) 982-8608 7 Have you received approved Liquor Law Training" D NO 0 YES When" 11-20-2009 8 What security precautions will be taken to prevent liquor violations in the extended area? Extra Staffing and Temporary Perimeters 9 Does this extension bring your premises within 300 feet of a church or school? ❑ YES D NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD ****After completing sections 1-9,take this application to your local Board of Supervisors,City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate (Authonzed Signature) (Title) (Agency) ! C N A E T N 01--I)S being first duly sworn upon oath, hereby depose, swear and declare '(Pnrit fuF name) under penalty of perjury, that I am the APPLICANT making the foregoing application I ha d this application and the contents and all statements are true,correct and complete t .t Nc3TaitY PUBLIC r jl iris i`` t1F ARIZONA State of (� /4_ 7R�r Z�t of �Y�.� rtel X U[ it 1 �*.i,;b `" � SUBSCRIBED IN MY PRESEN E .-f- fgt N a aaiR 1 (Signature of Owner ckAgent) fl` °D"wrAkein es attains Day Month ear My commission expires on eft •-., _L:,z j 1-) ? S — Signature of NOTARY PU JJ) Investigation Recommendation —1 Approval Disapproval by Date Director Signature required for Disapprovals Date Lit ON59s21MY9 *Disabled individuals requiting special accommodation,please call the Department(602)542-9027 I MA) kJ ST v••••••••••••W41.4.....***••••••et,.••...10.0...,......,~ntWa.....goi*10/•••••••.•••••••••......*••• • ...•••••••••••.....A..../M j i A L«/ litt jail is I 4 1;)-1 I.,11,4 1 ,,,,i 151,01. I i -1 N of. / D l 4.-- pI4.14. . F3E-6R- ,,,i- . _ '0 iT ,. 1 F----:, nth , 1 ,� ,� x1 1 4 1i :,,i 1 N, 4'''' ..... ,P4 VA ' 6 ,z_ 1 g... rA, s i -4 Z i„...... 1 p vJ f?�D PA !CAL. ,rz \'. ` \' / N pARK)to El rw— _ ----- _— __.___/ 40, \ i, -12A(.o VeRt,e ) 1 � Pp ACHE o� y' arttliett4011/ Home of the S-uperstrtron t1'I0ufrtatf►s 4R1zONP May 3, 2011 Mona E Reynolds Jakes-O-Mine Saloon 1985 W. Apache Trail Apache Junction, AZ 85120 Dear Ms Reynolds Re. Application for Extension of Premises/Patio Permit for Liquor License Please be advised that your application for Extension of Premises/Patio Permit for a temporary change of area of service for the liquor license for Jakes-O-Mine Saloon for June 12, 2011 has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on June 7, 2011, at 7.00 p m , at the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control .ft. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002 Sincerely, / (7; 171 Kathleen Connelly City Clerk • i4 fl 982-8002 •FAX(480)982-7018•1 DD(480)983-009S •tivw w itictty net 300 E Superstition Boulevard, Apache Junction,AL 85719 P?ACHE Home of the Superstition :Llountains 4RfzONP MAY 3, 2011 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK -, SUBJECT: APPLICATION FOR EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON Ms Mona E Reynolds has submitted an application for a temporary extension of premises for June 12, 2011 for Jakes-O-Mine Saloon located at 1985 W Apache Trail, Apache Junction, Arizona Please conduct the necessary inspections and submit your recommendation by Thursday, May 19, 2011, in order for this to be heard at the city council meeting of June 7, 2011 •Juice(480)982-8002 • FAX i-1.80)982-7018• MD(480)983-0095 •avti«a_luty net 300 E Superstition Boulevard, Apache Junction, AZ 85219 .•. Janet Mason From: Todd Kennedy Sent. Monday, May 09, 2011 2 17 PM To: Fred Baker Cc: Janet Mason Subject. RE application for temporary extension of premises for Jakes-O-Mine for 5/12/2011 Jan, Planning has no issues with this application Todd C Kennedy Assistant Planner City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 (480)474-5093 tkennedy@ajcity.net From: Fred Baker Sent: Friday, May 06, 2011 9.58 AM To: Todd Kennedy Cc: Janet Mason Subject: FW. application for temporary extension of premises for Jakes-O-Mine for 6/12/2011 Todd Please review and respond by May 19th Thanks, Fred From: Janet Mason Sent: Wednesday, May 04, 2011 4:41 PM To: 'Dave Montgomery(dave.montgomeryCaajfire.orq)', Brett Jackson, Fred Baker Subject: application for temporary extension of premises for Jakes-O-Mine for 6/12/2011 olik Attached is an application for a temporary extension of premises for lakes-O-Mine for June 12, 2011 Please have your department response to me no later than Thursday,May 19,for the June 7 meeting Thanks! Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-5068 Jmason@aicity.net Service Over and Above the Rest This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open 1 .-. CFAI ��` '' Apache Junction Fire District ' 565 North Idaho Road, Apache Junction, AZ 85119 �' y,a. M. `� Phone (480) 982-4440, Fax(480) 982-0183 / gEn�s��`<^ www ajfire.org ' 7 MEMORANDUM ... TO: Kathleen Connelly,City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Junction,AZ 85119 FROM: Dave Montgomery,Deputy Chief/Fire Marshal Q DATE: May 10,2011 SUBJECT Application For Temoorary Extension of Premises—1985 W.Apache Trail The Apache Junction Fire District has reviewed the application and supporting documentation for a Temporary Extension of Premises for 1985 W. Apache Trail as related to event to be held at Jakes-O-Mine Saloon on June 12,2011. We have completed a recent fire and life-safety inspection with no major violations noted. We would recommend approval of this application based,as always, on good practices for the general safety of all patrons and employees during the special event noted. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of said event. Thank you for your notification on this matter. ..... DPM Olt PAchEr✓ . Apache Junction Police Departme] POLICE 7.3 z Interdepartmental Memo t 4RtzQ DATE 05-13-2011 TO Arnold Freeman - Patrol Commander THROUGH Brett Jackson - Patrol Lieutenant FROM Phil Freeman - Patrol Sergeant SUBJECT Extension of Premises - Jake 0 Mine On 05-18-2011 I completed the inspection process for the Jake-O-Mines extension of premises request They are requesting to extend into their front parking lot to hold another Motorcycle Raffle on Sunday, June 12th 2011 The application appears complete and properly filled out Based on the request, the Police Department Approves of the temporary extension of premises for Jake-O-Mine's •()Lice IL. fir .1 A Apache Junction Police Department �t ,� z Interdepartmental Memo cklutP ' � 4A1ZON DATE: 05-13-2011 TO Arnold Freeman - Patrol Commander THROUGH Brett Jackson - Patrol Lieutenant FROM Phil Freeman - Patrol Sergeant SUBJECT. Extension of Premises -Jake 0 Mine On 05-18-2011 I completed the inspection process for the Jake-O-Mines extension of premises request They are requesting to extend into their front parking lot to hold another Motorcycle Raffle on Sunday, June 12th 2011 The application appears complete and properly filled out. Based on the request, the Police Department Approves of the temporary extension of premises for Jake-O-Mine's ROLL CALL VOTE l 1 /�NOTES l ktily ' Oft � 6I11 ITEM # MEETING OF CS MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER \if COUNCILMEMBER COLEMAN ;J COUNCILMEMBER WILSON V COUNCILMEMBER SMITHSON i , VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO ✓' UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �9v . ))11 Aft, Aft, ITEM NO. 9 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR JUNE 12, 2011, REQUESTED BY MONA E REYNOLDS, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 10-39, DECLARING AS A PUBLIC RECORD AMENDMENTS TO THE LAND DEVELOPMENT CODE, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF A HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS 2. Will ASSISTANT PLANNER TODD KENNEDY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. I 64, City of Apache Junction Home of the Superstition Mountains 41?110N* 8 Print TO: City Manager's Office FROM: Todd Kennedy,Assistant Planner DATE: June 7, 2011 Agenda Type Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 10-39, 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 "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: To avoid excessive publication costs, State law allows municipalities to enact provisions of a code or public record by reference The lengthy Zoning Code provisions must first be declared a public record by resolution and must then be passed by adopting ordinance Resolution No 10-39 declares this document as a public record and Ordinance No. 1362 adopts the city-initiated text amendment to Article 5 (Definitions) and Article 6 (General Provisions) of the city's definition of home-based occupations. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Approve. ATTACHMENTS: Click to download O Council Staff Report O Resolution 10-39 DP•P M a O a f na -- ' p .1 City ofA ache Junction aR, a� Development Services Department MEMORANDUM DATE: June 7th City Council Public Hearing TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Brad Steinke, Development Services Director Fred Baker, Planning Manager Rudy Esquivias, Senior Planner FROM: Todd Kennedy,Assistant Planner SUBJECT: Council Public Hearing Item Resolution 10-39, declaring as a Public Record AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED (ORDINANCE#1362) Proposal Description; This case is a text amendment to the Apache Junction City Code,Volume II, Land Development Code, Chapter 1, Zoning Ordinance,Article 1-5 Definitions, and Article 1-6 General Provisions and Exceptions proposing to amend the definition of"home- based occupation" by adding a reference to a new section;and adding a new section (Section 1-6-21),which better clarifies and establishes criteria for home- based occupations. Planning and Zoning Commission This case was presented to Planning and Zoning Commission on September 28, 2010. At their meeting the Planning and Zoning Commission voted 6 to 1 to recommend changes to the Zoning Ordinance regarding Home-Based Occupations. May 24 Council Work Session Council reviewed the proposed Ordinance at their Work Session on May 2, 2011. Council suggested that an additional option for the public hearing be included that changes be considered as part of the comprehensive re-write to the Zoning June 7,2011 AM-2-08 Page 2 of 2 Ordinance and that any future changes should include allowing some HBOs for regular sized lots and additional uses for larger lots. City Council options: 1. Approve Ordinance No. 1362; 2. Do not approve Ordinance No. 1362; 3. Continue the Public Hearing to a date certain, 4. Table the Ordinance and consider the proposed changes as part of a Comprehensive Zoning Ordinance re-write; or 5. Provide staff with alternative direction. Attachments: 1. Resolution 10-39 ..•. .•. RESOLUTION NO 10-39 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 "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 Am. DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A R.S. ") § 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 clerk of the municipality and are made available for public use and inspection, and WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, such codes or public record include regulatory codes such as zoning ordinances, including those pertaining to zoning ordinance definitions and general provisions and exceptions; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS . SECTION I IN GENERAL That certain document entitled "Amendments to Apache Junction City Code, Volume II, LAND DEVELOPMENT CODE, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITIONS and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, " 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 said copies are ordered to remain on file with the City Clerk. RESOLUTION NO 10-39 PAGE 1 OF 2 bk PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO 10-39 PAGE 2 OF 2 ROLL CALL VOTE NOTES 7�� 1 1° cj? Li/ r 1 ITEM # MEETING OF r M ' MOTION BY SECONDED BY I tl YES NO ABSTAINED VICE MAYOR DIETZ Vn COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON 1 COUNCILMEMBER COLEMAN MAYOR INSALACO ,,1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /IN /'/ a ITEM NO. 10 I MOVE THAT RESOLUTION NO 10-39, 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 "AMENDMENTS TO APACHE JUNCTION CITY CODE,VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1,ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED, (BE APPROVED)OR(BE DENIED) PUBLIC HEARING eN 1. For PROPOSED ORDINANCE NO. 1362,ADOPTING BY REFERENCE HOME- BASED OCCUPATION ZONING CODE AMENDMENTS. 2. Will ASSISTANT PLANNER TODD KENNEDY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion') 7. Call for a motion. 8. Call for a second. 9. Roll call vote. IN\ ` pS FAG yX • City ofApache Junction Ffotne qfthe Superstition Mountains aS Print ^' TO: City Manager's Office FROM• Todd Kennedy,Assistant Planner DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1362, ADOPTING BY REFERENCE HOME-BASED OCCUPATION ZONING CODE AMENDMENTS ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: This is a Public Hearing on proposed Ordinance No 1362 amending the Zoning Ordinace regarding Home-Based Occupations Proposed is an amendment to Article 5 (Definitions) and Article 6 (General Provisions) At their meeting of September 28, 2010 the Planning and Zoning Commission voted 6-1 to recommend to the city council approval the home-based occupation text amendments Council heard this item at their Public Hearing on January 4, 2011 and voted to continue this item to the May 2nd I rk Work Session and this Public Hearing. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approve ATTACHMENTS: Click to download D Cover Memo D Council Ordinace No. 1362 U PZ Recommended Language U Text Amendment Language D PZ Staff Report Memo D PZ Draft Ordinance ❑ Current City HBO Definition Asa P A H e City of Apache Junction 4 °N Development Services Department MEMORANDUM DATE: June 7th City Council Public Hearing TO: The Honorable Mayor and City Council THROUGH: George Hoffman,City Manager THROUGH: Brad Steinke, Development Services Director Fred Baker, Planning Manager Rudy Esquivias, Senior Planner FROM: Todd Kennedy,Assistant Planner SUBJECT: Public Hearing Item: Proposed Ordinance#1362 (Case AM-2-08) proposes Zoning Ordinance changes to the City's definition of Home-Based Occupation (HBOs)and establishing criteria for Home-Based Occupations. Proposal Description: This case is a text amendment to the Apache Junction City Code,Volume II, Land Development Code, Chapter 1,Zoning Ordinance,Article 1-5 Definitions, and Article 1-6 General Provisions and Exceptions proposing to amend the definition of"home- based occupation" by adding a reference to a new section; and adding a new section (Section 1-6-21), which better clarifies and establishes criteria for home- based occupations. Planning and Zoning Commission! This case was presented to Planning and Zoning Commission on September 28, 2010. At their meeting the Planning and Zoning Commission voted 6 to 1 to recommend changes to the Zoning Ordinance regarding Home-Based Occupations. May 2141 Council Work Session Council reviewed the proposed Ordinance at their Work Session on May 2, 2011. Council suggested that an additional option for the public hearing be included that changes be considered as part of the comprehensive re-write to the Zoning Ordinance and that any future changes should include allowing some HBOs for regular sized lots and additional uses for larger lots. June 7,2011 AM-2-08 Page 2 of 2 City Council options: 1. Approve Ordinance No. 1362; 2. Deny Ordinance No. 1362 and bring back discussion with the comprehensive Zoning Code re-write in the future. 3. Continue the Public Hearing to a date certain; 4. Provide staff with alternative direction. Attachments. 1. Proposed Ordinance #1362 2. Planning and Zoning Commission Recommended Ordinance 3. Planning and Zoning Commission Staff Report with all attachments. ,•�► p ORDINANCE NO. 1362 d 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 1-5 DEFINITIONS, AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 [RESERVED) ; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME- BASED OCCUPATIONS PERMITTED", REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, this case, AM-2-08 was originally presented to the Planning and Zoning Commission for discussion on March 25, 2008, and at several additional Work Sessions thereafter for review and discussion; and WHEREAS, the current definition of "Home-Based Occupation" has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations; and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not-permitted uses, and criteria for establishing Home-Based Occupations, and WHEREAS, the Planning and Zoning Commission, at their meeting of September 28, 2010, recommended in favor of the p amendments to the Definitions and General Provisions and Exceptions Sections of the Zoning Ordinance in Case No. AM-2-08 by a vote of 6 to 1; and WHEREAS, Arizona Revised Statutes Annotated (herein after "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 WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to definitions and general provisions and exceptions; and ORDINANCE NO. 1362 PAGE 1 OF 3 rook WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to adopt the proposed amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, by reference. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITIONS and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, Section 1-6-21 [RESEVERED] are hereby repealed. 2 That certain document known as "Amendments to Apache Junction City Code, Volume II, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITION OF HOME-BASED OCCUPATION and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME- BASED OCCUPATIONS PERMITTED, three copies of which are on file in the office of the City Clerk of the City of Apache Junction, which document was made a public record by Resolution No. 10-39 of the City of Apache Junction, Arizona, 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 PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY• If any section, sub-section, sentence, phrase, clause or portion 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 SIGNED AND ATTESTED TO THIS DAY OF , 2011 . ORDINANCE NO 1362 PAGE 2 OF 3 Aft. Aft JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney Amok ORDINANCE NO 1362 PAGE 3 OF 3 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II , CHAPTER 1 , ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME—BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME— BASED OCCUPATIONS PERMITTED PZ RECOMMENDED LANGUAGE ON SEPTEMBER 28 , 2010 AMENDED SECTIONS SECTION 1-5-1-B DEFINITIONS; RULES OF INTERPRETATION SECTION 1-6-21 GENERAL PROVISIONS AND EXCEPTIONS The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions, Section 1- 5-1-B shall be amended as follows : "Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation, and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood. " Home Based Occupations are subject to the provisions in Section 6. 0118 General Provisions Home Based Occupations Permitted Article 6 Section 6. 0118 General Provisions and Exceptions, shall be amended as follows : 6 . 0118 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES . A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 . The purposes of the home occupation regulations and criteria are : Ask /\ 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning residential districts; 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner Am. or renter-occupied; 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria; 6) To enable the fair and consistent enforcement of these home occupation regulations; 7) To promote and protect the public health, safety and general welfare; 8) To ensure that all home-based occupations, which receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements . 2 . CRITERIA. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 . A check mark "Y" indicates that the criteria apply in the applicable district . A check mark "NO" indicates that the criteria do not apply. 3 . HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood. 4 . HOME OCCUPATIONS NOT PERMITTED. The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home occupations in Residential Zoning Districts : medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses; vehicle restoration or conversion for commercial purposes; engine repair; furniture refinishing; gymnastic facilities, studios or outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) ; machine shop/metal working, retail sales; commercial food preparations and catering; contractor shops; mortuaries; medical procedures, body piercing and/or painting, tattoos 5 . UNSAFE HOME OCCUPATIONS If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation in being undertaken to correct the dangerous or unsafe situation or terminate the use . The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe. Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation. Table 6 - 1 Home Occupation Criteria by Zoning District CR-1/ CRC Residential GR R1-43 CR 2/ CR-5/ TH uses in -\ Criteria CR-3/ R-1 other Zones R 1-8 1 The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and be reviewed by the Development Services Director or designee for Y Y Y Y Y Y compliance with the code. 2 The operator of a home-based business must be a Full-Time Y Y Y Y Y Y Resident. 3. No more than one(1) non- resident employee shall be permitted to work at the home Y Y Y Y Y Y occupation. 4 Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance. 5 Not more than twenty-five percent(25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation. 6. Customer hours shall be Y Y y y Y NO between 8.00AM &8.00PM 7 Music, art,craft or similar home occupation lessons shall be Y Y Y Y Y NO allowed 8 Home Day Care shall be allowed for both children and Y Y Y Y Y NO adults CR-1/ Residential CR-4/ Uses in GR R1-43 CR 2/ CR-5/ TH CR-3/ other Criteria R1-8 R 1 Zones 9 The home occupation operator shall demonstrate that public facilities&utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation. 10 Storage of goods&materials shall be inside&shall not include flammable,combustible Y Y Y Y Y Y toxic/hazardous or explosive materials. 11. Parking for home occupation customers shall be provided only in driveway&shall not create Y Y Y Y Y Y hazards or street congestion. 12 Outside storage of heavy equipment or material shall be Y Y Y Y Y Y done away from any public view 13. No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard 14 Any motorized/Mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 15. No generation of dust,odors, noise,or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line. 16 Deliveries and pickups for home occupations shall occur only between 8.00 a m &8 00 Y Y Y Y Y Y p m. and shall not block traffic circulation it (Modified on January 4 , 2011 ) AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1 , ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED AMENDED SECTIONS SECTION 1-5-1-B DEFINITIONS, RULES OF INTERPRETATION SECTION 1-6-21 GENERAL PROVISIONS AND EXCEPTIONS The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions, Section 1-5-1-B shall be amended as follows - Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation; and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners In or occupants, or cause any parking or traffic congestion in the immediate neighborhood. Home Based Occupations are subject to the provisions in Section 1-6-21 Home Based Occupations Permitted. The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 1-6 General Provisions and Exceptions, Section 1-6-21, shall be amended as follows : 1-6-21 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES . A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 The purposes of the home occupation regulations and criteria are • 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning districts; 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied, 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria; 6) To enable the fair and consistent enforcement of these home occupation regulations; 7) To promote and protect the public health, safety and general welfare; 8) To ensure that all home-based occupations, which receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements . 2 . CRITERIA. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1. A check mark "Y" indicates that the criteria applies in the applicable district A check mark "NO" indicates that the criteria does not apply. p 3 HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood 4 . HOME OCCUPATIONS NOT PERMITTED. The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home occupations in Residential Zoning Districts . medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses; vehicle restoration or conversion for commercial purposes, engine repair; furniture refinishing; gymnastic facilities; outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) , machine, welding or metal shop; retail sales of inventoried and/or in-stock products directly from the premises, commercial food preparations and catering; contractor shops; mortuaries; medical procedures, body piercing and/or painting, tattoos; the use of a residence as a type of store, where products are purchased directly. 5 UNSAFE HOME OCCUPATIONS . If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an order to the dwelling owner and/or tenant of the property on which the home occupation is being undertaken to correct the dangerous or unsafe situation or terminate the use. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe. Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation Table 6 - 1 Home Occupation Criteria by Zoning District *CR-1/ Residential CR-4/ CR-2/ uses in GR *R1-43 CR-3/ CR-5/ TH other Criteria R1-8 R-1 Zones 1.The home occupation shall conform with applicable state and county statutes,city ordinances and regulations and shall be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code. 2 The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident of the premises 3 Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance 4 No more than one (1) non- resident employee shall be Y Y y y Y NO permitted to work at the home occupation. 5. Not more than twenty-five percent(25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation 6 Customer hours shall be Y Y Y y y NO between 8.00AM &8.00PM (*These districts include MH Districts) *CR-1/ Residential CR-4/ GR *R1-43 CR-2/ CR-5/ TH Uses in CR-3/ other Criteria R1-8 R-1 Zones 7 The home occupation operator shall demonstrate that public facilities& utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation 8.Any inside storage of goods& materials shall not include flammable, combustible Y Y Y Y Y Y toxic/hazardous or explosive materials (Typical consumer household goods and materials not included.) 9 Parking for home occupation customers shall be provided in the driveway or in the street& Y Y Y Y Y NO shall not create hazards or street congestion 10. Outside storage of heavy equipment or material shall be Y Y Y Y Y Y screened from any public view. 11 No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard. 12.Any motorized/mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 13 No generation of dust,odors, A`► noise,or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line. 14. Deliveries and pickups for home occupations shall occur only between 8 00 a m &8.00 Y Y Y Y Y NO p m and shall not block traffic circulation (*These districts include MH Districts . ) C. PCH City of Apache Junction 4q ON Development Services Department PLANNING AND ZONING COMMISSION DATE: September 28, 2010 CASE NUMBER: AM-2-08/Ordinance# 1362 APPLICANT: CITY OF APACHE JUNCTION REQUEST: DISCUSSION OF MODIFICATION OF THE ZONING ORDINANCE RELATING TO HOME-BASED OCCUPATIONS. LOCATION: CITYWIDE SUMMARY: This is a city-initiated text amendment to amend the Zoning Ordinance to better define new regulations pertaining to Home-Based Occupations(HBOs). An HBO is currently defined in Section 5.0101"Definitions" of the City Zoning Ordinance. This definition (attached)has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for HBOs. This definition is the only reference in the Zoning Ordinance upon which staff relies to make a "zoning verification" when a request for a home-based business license is processed by the City Clerk's Office. Staff often receives narratives that have only a few words describing their proposed business. That is normally not enough for staff to make a decision and the applicant needs to be contacted so more information can be obtained. Information relating to HBOs was presented at the Commission Work Session on April 13th,the Commission Public Hearing on April 27th,the Commission Work Session on June 8th,the Commission Work Session on July 13th and the Commission Work Session of September 14th. Since the previous Commission meeting, staff has made changes to the proposed draft language based on the comments received from Commission. Those changes include modifications to the criteria in the matrix and in the text,which are both included in the attached draft ordinance. Staff is proposing to amend Section 5.0101 "Definitions" to include a provision that refers to Section 6.0118 "General Provisions and Exceptions" where the new text amendment is proposed to be inserted into the City Zoning Ordinance. RECOMMENDED MOTION: I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (Approval/Denial) of Case No. AM-2-08, a City-Initiated Zoning Ordinance Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, specific to Article 5 Definitions and Article 6 General Provisions and Exceptions, proposing to amend Section 5.0101 and Section 6.0118, as follows: Section 5.0101 shall be amended to read as attached: Section 6.0118 shall be amended to read as attached: Todd Kennedy, Assistant Planner Attachments: 1. Draft Ordinance #1362 2. Current Definition of a Home-Based Occupation. r DRAFT ORDINANCE NO 1362 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 5 DEFINITIONS AND ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS IN CASE AM-2-08 BY AMENDING THE PROVISONS OF HOME-BASED OCCUPATIONS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, this case was presented to the Planning and Zoning Commission on March 25, 2008 and with several additional Work Sessions for review and discussion; and WHEREAS, the current Home-Based Occupation definition has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations, and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not permitted uses, and criteria for establishing Home-Based Occupations . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 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 5, Section �. 5. 0101 Definitions shall be amended as follows : "Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation; and provided that the residential Ordinance No 1362 Page 1 of 7 I\ p character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood. " Home Based Occupations are subject to the provisions in Section 6. 0118 General Provisions Home Based Occupations Permitted. Article 6 Section 6. 0118 General Provisions and Exceptions, shall be amended as follows . 6 . 0118 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES . A A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 . The purposes of the home occupation regulations and criteria are: 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning residential districts, 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied, 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria; Ordinance No. 1362 Page 2 of 7 6) To enable the fair and consistent enforcement of these home occupation regulations, 7) To promote and protect the public health, safety and general welfare; 8) To ensure that all home-based occupations, which receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements . 2 . CRITERIA No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 A check mark "Y" indicates that the criteria apply in the applicable district. A check mark "NO" indicates that the criteria do not apply. 3 . HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood. 4 . HOME OCCUPATIONS NOT PERMITTED The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home occupations in Residential Zoning Districts : medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses, vehicle restoration or conversion for commercial purposes; engine repair, furniture refinishing; gymnastic facilities; studios or outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) ; machine shop/metal working; retail sales; commercial food preparations and catering; contractor shops; mortuaries; medical procedures, body piercing and/or painting, tattoos Ordinance No. 1362 Page 3 of 7 5 . UNSAFE HOME OCCUPATIONS . If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation in being undertaken to correct the dangerous or unsafe situation or terminate the use. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe. Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation Ordinance No. 1362 Page 4 of 7 Table 6 - 1 Home Occupation Criteria by Zoning District CR-1/ Residential CR-2/ CR-4/ uses in GR R1-43 CR-3/ CR-5/ TH other Criteria Rl-8 R-1 Zones 1.The home occupation shall conform with applicable state and county statutes,city ordinances and regulations and be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code. 2 The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident 3 No more than one (1) non- resident employee shall be permitted to work at the home Y Y Y Y Y Y occupation. 4.Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance. 5 Not more than twenty-five percent (25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation 6 Customer hours shall be Y Y Y y y NO between 8.00AM &8.00PM 7 Music, art,craft or similar home occupation lessons shall Y Y Y Y Y NO be allowed 8 Home Day Care shall be allowed for both children and Y Y Y Y Y NO adults. Ordinance No 1362 Page 5 of 7 _ IN. CR-1/ CRC/ Residential GR R1-43 CR-2/ Uses in CR-5/ TH Criteria CR-3/ other R1-8 R-1 Zones 9 The home occupation operator shall demonstrate that public facilities&utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation 10 Storage of goods& materials shall be inside&shall not include flammable, combustible Y Y Y Y Y Y toxic/hazardous or explosive materials 11 Parking for home occupation customers shall be provided only in driveway&shall not create Y Y Y Y Y Y hazards or street congestion. 12.Outside storage of heavy equipment or material shall be Y Y Y Y Y Y done away from any public view 13 No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard 14.Any motorized/Mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building Amok 15 No generation of dust, odors, noise, or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line 16. Deliveries and pickups for home occupations shall occur only between 8.00 a.m &8.00 Y Y Y Y Y Y p m and shall not block traffic circulation Ordinance No. 1362 Page 6 of 7 SECTION II REPEALING ANY CONFLICTING PROVISIONS . All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion 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. 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 S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney Ordinance No. 1362 Page 7 of 7 PpACHE, Ll/l d/ LILC�GPi11142c-/t140417 Hone of the Superstition Mountains 4AIZONP /► HOME BASED OCCUPATION shall mean an activity carried on by the occupant of a dwelling as a secondary use including professional and semi -professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises. not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation, and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations or noxious fumes or odors. which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood Amok •Volts.(480)982 8002 •FAX(480)982-7018•TDD(480)983 0095•weww.ajutynet 300 0 Superstition Boulevard, Apacht,Junction AZ 85219 ROLL CALL VOTE NOTES: 'J/ 011)(71 7 Yi/v te 1ITEM # MEETING OF �T MOTION BY: SECONDED BY 4 YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN I VICE MAYOR DIETZ V . COUNCILMEMBER BARKER i COUNCILMEMBER SMITHSON MAYOR INSALACO UNANIM\OUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE ii ci z lY NOTES: (/j7 / lit)/ ' ti , 1 i i ' 0) viiiti i r - -b, �' kiLfi? 1/0 ITEM # MEETING OF MOTION BY tI\ SECONDED BY: ‘,,,i, i-' ill'- YES NO ABSTAINED I COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER Ul VICE MAYOR DIETZ V COUNCILMEMBER COLEMAN V COUNCILMEMBER SERDY COUNCILMEMBER WILSON 1/ ' MAYOR INSALACO 1./ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL V ITEM NO. 11 City Council options for Ordinance No 1362. 1. Approve Ordinance No. 1362 2. Deny Ordinance No 1362 and bring back for discussion with the comprehensive Zoning Code rewrite in the future 3. Continue the public hearing to a date certain 4 Provide staff with alternative direction Motion to approve or deny of approve with amendments (without bringing back) I MOVE THAT ORDINANCE NO. 1362 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1362 by title only Majority vote required ) I MOVE THAT ORDINANCE NO. 1362, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1362, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS• Motion to deny and bring back. I MOVE THAT ORDINANCE NO 1362, AS READ BY THE CITY CLERK, BE DENIED AND BE BROUGHT BACK FOR DISCUSSION WITH THE COMPREHENSIVE ZONING CODE REWRITE IN THE FUTURE Motion to continue to date certain. -- I MOVE THAT ORDINANCE NO 1362 BE CONTINUED AS A PUBLIC HEARING TO THE MEETING OF Motion to provide staff with alternative direction• I MOVE THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING ORDINANCE NO. 1362. /11k 01\ PUBLIC HEARING 1. For DEVELOPMENT FEE APPEAL FROM MR. TROY MORGAN FOR DEVELOPMENT FEE WAIVER FOR CONSTRUCTION OF A CONVETIONAL HOME AT 1061 E. SUPERSTITION BOULEVARD. 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. p p � rplk hCHdo City of Apache Junction Home of the Superstition Mountains 4Rszo' M Print TO. City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DEVELOPMENT FEE APPEAL FROM MR. TROY MORGAN ACTION REQUESTED: No Recommendation DISCUSSION/ BACKGROUND INFORMATION: Mr Troy Morgan is requesting a development fee waiver for construction of a conventional home at 1061 East Superstition Boulevard FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: ATTACHMENTS: Click to download D Cover Memo City p of Apache Junction Development Services Department To: Mayor and City Council From• Brad Steinke, Director of Development Services Date. May 26, 2011 RE: Public Hearing. Development Fee Ordinance Appeal by Troy Morgan On May 12, 2011, the City received an appeal from Mr. Troy Morgan requesting relief from the required $9,508 development fee for placement of a conventional home on a vacant lot located at 1061 Superstition Boulevard (see attached letter). Mr. Morgan was notified of the fee by the city on May 3, 2011, and has properly filed the fee appeal within the 30 day window. Mr. Morgan's appeal letter indicates, among other things, that a trailer was removed from the property within the last year. While that may be true, our records do not substantiate that the trailer was legally permitted, therefore the 1-year replacement exemption for development fees does not apply. Article 7-1-13 (Relief Procedures and Hearings) of the Land Development Code provides, among other things, that the City Council hold a public hearing on the appeal within 45 days after received by the Development Fee Administrator (see attached code section regarding development fee appeals). The ordinance does not, however, apply standards or criteria to the Council's review and determination of these types of appeals. Staff Comment. In February 2011, the council denied a similar waiver request from Ms Mellissa Trundelle who also wanted to build a conventional home on a vacant lot. The council is advised that the City Attorney has previously indicated that city council waivers of development fees may require reimbursement from the general fund. Additionally, if the Council does not hold a public hearing by June 25, 2011,the appeal waiver is deemed approved. ) ) Morgan Site PC V;?. , r.......... ..,1 _ ` ' . • S .t al F a E SUPERSTITION BLVD _ Legend 1 s r County Boundary Tar Parcels 4�Q2tU� �` I Railroads it ' t+gnway 1-tat I f A4 € Street 1-10t ti suer -I Market Areas n tffdffc f° ) I• 1.1.844 0 Peel Oaper mates a uterus,tomistil ar In ge&elfedtttl the mastery, compieletles;R me mess dfe creme isort MAW CO lids mop.Vial 01 0 Op 0.i&Nei County sec elere im remoa►asseq+or ranee trawl deader learectifinteees Rewlp fan 4e we d!e eebselon ree esenied on Ins mow Iles now trod 'oil>rttoatseoon rum repeseved d.la b rtol imemiee N$e used as a Berea portaaroOtle&nec *. OPYgt Courtly. THIS MAP IaNOT TOME 1J8ID FOR NAVIOATION ows Applicant's Appeal Letter To'. • ?At:; STet.t- KE AF1`,44 G. Jvac-poa E1.a1=1tke.31 Sga4V.,Z5. : . ON i I . . .• . . ' 1 , , - ,;-. • —`may{ WoRv0%.1 . . . , 1 -11 •11110 75-1 • 801 • 8745 _. _. . _ h ' ¢-rt @ }064 • STt-t a.--1 u' . I - _I ' - •. i . 1•1 iE AT 741S 'IF4zopc22 - . -Tual4- oW01Fcz tip-r4y �.1)-: A TQAtL,6r2 -(L4-"."T-z A Jt> {-{AD Jv.cr.e r"-3 t` pF'� . 4. . . 7-A-a -{-=;i2o1 -17-1°-t . -p f 2,,,i- sx't`-t p P5 A . 2ti1 } 0..ec z u.. - t ..1v.i_._ , S t� 5`t• {5#4- WA-jellLtaaS 'TRa.uo(T oo• ( ./ -r('n. 6'/(44 151 ,642•czo.3A IA Melt) F.aauac., 0 ' .� __. .--r r-r L_.taG. ' 1fl4 owl lqz -ea1S rr F4n5 ‘..t4en , 1 c p.ttD awtilm -11.4ei-.- Fcg Mo>,,J•-k . f ( WA.-1T To T.DetLD A !. . 1 - 1PJ5t1---r R M1eT -?-.G'St Cx.A.4c E- ANA'D '17.1t5 6 t5 A Otz Loos Co1zT741 oT . . , --Fa -moo l=:, WtM- 1:ot2e-41a . h h • f . y t-a- ! � t�_. • 1 i . 1- i• f • • a.f ��V V.- 40.6; • -+-+-�.� , I ♦~ ;�.• • i - • ram • 11 • • • . .. .♦ a 1 . ♦.;.. • j_.. ..a..a - s • • • • . • 1 t . a 1 City Code Appeal Procedure Article 7-1 -13 Development Fees Relief Procedures and Hearings The developer who owes, has paid a development fee, or disputes the offset amount determined by the Development Fee Administrator may appeal to the Mayor and City Council. Such appeal must be filed with the Development Fee Administrator in writmg 1) within (30) calendar days after the date the City notified the developer of an assessment or offset determination; or 2) within thirty (30) calendar days after the developer paid the development fee. In either case, any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded Any work in progress completed during the appeal process shall be performed at the developer's own risk Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the Certificate of Occupancy of Developer's project. The City Council must hold a hearing on the appeal within forty-five (45) calendar days after received by the Development Fee Administrator The Council's failure to hold a public hearing within the forty-five (45) calendar days absent a continuance request by the developer, shall result in the developer's position prevailing over the City's The decision of the Mayor and City Council shall be considered the final administrative decision of the City 1 ^ AIN P�ACHE, • City of Apache Junction 4RZpT.P Development Services Department To Mayor and City Council From Brad Steinke, Director of Development Services Date• June 7, 2011 RE: Item #12 on June 7th Agenda Please be advised that Mr. Troy Morgan has withdrawn his development fee appeal (i.e., item #12) on tonight's agenda. 300 E Superstition Boulevard •Apache Junction, Al 85119 • Ph (480)474-5082 •Fax(480)982-7010 ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT THE DEVELOPMENT FEE APPEAL FROM MR. TROY MORGAN REQUESTING A DEVELOPMENT FEE WAIVER FOR CONSTRUCTION OF A CONVENTIONAL HOME AT 1061 EAST SUPERSTITION BOULEVARD (BE APPROVED) OR(BE DENIED) o" rpACHfdG,y City of Apache Junction � z Home of the Superstition Mountains IS Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: NOMINATION AND SELECTION OF VICE MAYOR ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Nomination and selection of Vice Mayor as required by City Code. FISCAL IMPACT: ... OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 cover memo and attachments Pp ACHF euw- Write/If( tritetialt Name of the Superstition Mountains 4151 0%4' MAY 19, 2011 MEMORANDUM TO HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH. GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK `,C.�! SUBJECT: AGENDA ITEM FOR JUNE 7, 2011 (SELECTION OF VICE MAYOR) Section 2-2-2 of the City Code requires that at the first meeting following their election the members of the City Council "shall select one of its members as vice mayor who shall serve at the pleasure of the Council" A copy of this section of the Code is attached The nominations and election procedure ordinarily followed are those prescribed by Robert's Rules of Order For your reference, I am including a copy of these procedures as found in the officially adopted Webster's New World Robert's Rules of Order, 1999 Edition Since the Apache Junction City Code requires that all public council votes be done by roll call, the procedures you need to follow are found under"Nominations from ^k the Floor" (p 182), "Election by Voice Vote" (p 185) and "Election by Roll Call Vote" (p 189) I have also provided you with the process used in previous years which is based on an earlier version of Robert's Rules This differs only slightly from the 1999 edition of Robert's Rules but provides you with a good overview and summary of the process Please contact me if you have any questions • Voi.e(480)982-8002 • FAX(480)982-7018•T7)D(480)983-0095 •www ajcttr net 300 E Superstition Boulevard, Apache Junction.AZ 8:219 ALP Page 5 of 43 § 2-2-2 VICE MAYOR (A) At the same meeting at which the Mayor is sworn in at the beginning of the mayoral term, the Council shall select one of its members as Vice Mayor, who shall serve at the pleasure of the Council I` (B) I he Vice Mayor shall perform the duties of the Mayor during his or her absence or disability (Prior Code, § 2-2-2) )§2-2-3 AC 1 ING MAYOR. In the absence or disability of both the Mayor and Vice Mayor,the Council may designate another of its members to serve as acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability. (Prior Code, § 2-2-3) §2-2-4 POWERS AND DUTIES OF THE MAYOR. The powers and duties of the Mayor shall include the following (A) Be the chief executive officer of the city, (B) Be the Chairperson of the Council and preside over its meetings during which the making and seconding motions and having a voice and vote AM On in all its proceedings, (C) Execute and authenticate by signature such instruments as the Council, or any statutes,ordinances, resolutions or this Vol. I shall require, (D) By proclamation,declaring a local emergency to exist due to fire, conflagration, flood,earthquake,explosion,war, bombing or any other natural or human-made calamity of disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the city After declaration of the emergency, the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the city, including but not limited to (1) Imposition of a curfew in all or any portion of the city, (2) Ordering the closing of any business http //www amiegal corn/nxt/gateway dll/Arizona/apachelunctron_az/chapter2mayorcou 5/18/2011 178 Officers • ii l t �e{ected offices or committee chairman scratches his,Jr8 her head and says, Now what do I do?" / 'low often have you met long-teen mernbe who expect cryone to know much as they know d criti• `1 . cize theefforts of those who don't intuitively ow what Nominations and Elections to do,yet these same long-term members do 't otter any . ' guidance of gaining to new officers or n 'members? • Successful rganizatlons know th t a productive, In every organization, the process of nominating and ,p happy member ip requires mvestm its in the mem• electing officers and board members is very important, bers These organ tions have train' g sessions for new and the procedure should be clearly stated in the by officers, they appoIst mentors to xplain the ropes to laws This chapter explains the nominating and electiOn new members,and they listen to a reasons why people process from start to finish It discusses the various ways have Coined the organization a then try to[nett those • a candidate can be nominated and the ways a vote can needs h e taken. The duties of the tellers' committee--those An officer training'k-• lion might include the appointed to count the vote—are described, and the following. reader is taken step by step through the teller's sheet and report • The outgoing officer 'met g vJith the new officer, going over the fii ,explain g the duties,and sharing the thin that worke or didn't ioorl, NOMINATIONS • A group train g session in whi the outgoing .� officers exp n to all the new of>'l�ers hew ihscp,eier Candidates can be nominated in several ways organizatlo works. It might also it%elude indi- vidual �,� o ' er training. \` 1. By a nominating committee • On-thejab training in conducting metug From the floor [akin minutes,and writing and givin g° 3 By ballot rep s.cltorganizationshould comeupwitha for 4. By mail ttaijiirtg new officers.Members are more likely to s le S. By petition If,they feel competent In performing the tasks at tian r.,46,....isTis\... %'v investing time and effort in training officers, the The most common nominating procedure is done ) transition from one administranon to the next will be by a nominating committee with the assembly given �% less painful `� the opportunity to present nominations from the floor. / The nominating process should not be confused with the election to office Robert's Rules of Order states that a '-9 3 ) 3 18u hora1narions and 1 r,c . . . .,. NonirrlattUrs I81 l _.... ... . / ?ersort does not halt, to b 'lotnitl its:+', t� t,: e'tectt tt ,: c cleclill t') set,.l at:`1 the. members st ili alas c to hold t 1tfikc It tht* 'Doti is tali•1 by hallo, they' is al a tin: :ir'Ci�1\tI .tCCtlu'il 1.. +)ppiartunit\to,,^ritt'I`a r'arni. In.11t;t.ase a p '-so 1 t(t'litt istre as t tf+Ttt in c n,11411`svithcat' ,e:LC bein.ril imr Aid , r. Report Attie Nominating Committee I 1hr ncmu't'ttng committer should have.. a destgnated / ' s. J. `�Norninations by Committee / repul'�.it a meeting.This usually appeats on the// ci -..:..endue i'��att-ial orders"1tt!riv.rganizat1'-.1is h L e Llominaritl;tc+T1 itt', i l: .,.._r;cat'c i 1. to , vt'.their report the chairman a • tOlr losiUYtIl tt• '.h . committee And hov.,.[Vis �..�tate„i .l C C�'1 }yl p sl'ou 'f r specified .n the bylaw!, "I'tlis vibe r 1:- ,.+;7r11 "i{itilt?[a Cti)t{1It11tYt'.should state tilt noiltlilatii2 '•.?r each office nlittet. president should rot Las,d rne, Rr of„•te�31-K. �. r/ 1 i i select lflt all possible,tncnomillaun cor- r...._csi n_l'ci s. be sleeted ,s. either the board orL}Rt 1 - (..'1+. !rTl '1'tE h:r.7rnt+'.7t'r1�C C1?lT3ni+'iCft. "'?r t f S11Ct]'�l)�`r�it�� f rl. • nominating mmittee Madam ar E'r a dle ndt, fa.i n eslu n�i, g a 1,C Duties of a Norr► iaLng Comm/tee ;submits the foliowiNy norninatidn{Eor i ,. resident, iu Sntih for site yi�sident I The e'in r?t a nor S1.ating cc r Best.•s C+, in ; t.i, )-:St h ' h` t Gave Dries,for secrnta dicky 'notes,and ei candidate k r e:rcn o" ie e r to vla ss shout :,•;_t tie ,h;: ri r hands of tilt C'ti CI1tILYt�'Y find more than out rr_S'?+i 1 Lt tor r�l5ttreC, Sarah Ttlo S ads the ~A III each st'tt The Ccitntt re;itch t. ,1+ ,r rorr.'rcttors written on a s, .Pr of of paper to the t1 best candidate t 1t�at� ottlt Ire_<<i cr`'and sits down], 7,,3 ' " The committee 'Quid giver a cocas 4, a f du I,eN o NWT:Climts the,% i`,a split,,r the no)ininating coin- � Ili be rr.htp list the t) ,t4ts a de tpraoll ot u2,` rise, (..y ,�,i ,y}` e r""'w 11 itie over :ti n'.: to rt]Irltrl' e If a Cn7t\ority of the tac71 offitt:,:Ind tie eligioilit), re' Inert:eats lb ' It.lt S t. tr Ir:.it AL,tVislies to i`t3L�1 tC someone t'.S$y the norm- tne't t .'Ilu carefr�It revlt ' t le tl labershi t'ct Filiti - i i'IUI1 15 In act. i1 Iring of L'l3tions Erom %tle oor ,, x; nett the peopi %lit:the think;sill 1 th• hr st je., ;h'--a „ .e,ttn the cojm}ttee has reported, is dis- ' ::'member cl' 'Ile i orlirixtttt_e should l'`.desihI,.. id _all Sometimes the comet t.e is +:,_h rotntjttu' to see if he or she .. d LA. 11. ' 4 t. li:trl{cu train it dunes t c, 'cd to kill!t° 1cicitru:Yr:ars to fill vacancies .�ftet the scrse if tit`cted if not,then the cor.nlittc net tis t ;meet i,niCiaat'e repoy'the i.113tr state. 0 }' !gain ly/Ci find anoth�r Landidltt. \ \ :t . tt rto cuithrlhtt can be Eoi]nd then tli �t ,nt^tit i / r{q tl t dC t'that slot �^ r rt ` 4,.:t,` 'IIiY"°U'T inatin OiTimlit@P has nominated \\\ li _per'for nominations ttto-r'�1`L Ut?I /ju Sn1,01 to. president, Dave lanes for vice ' t the,. can let lit k:uassn 'h It this, t. '.t ?•rl air ,: t president Ricky shores for secretary, and \� f tluultsL lot a certaft. office This alio:.s rl iti rs Ttreasurerr :ci s.tlwnte e: \t�crt should he rl. nti:l ,t:,', �, , Sar:lil'lloi Thomas Bar Nominations /' 't o .�t s are now open from the tiocar Are there any �. or lire .tiriseat because it Alec e.d the -r;.:n rr.: # ;:', t ,lr•;rr rtomin4+cons for president7 Y , 1 1, 182 Nominations and Electrons Nominations 183 Nominations from the Floor If at anytime during the nominating process a mem- As soon as the president opens nominations from ber realizes that he or she will be unable to serve If elected, the floor, any member can bring forth a nomination the member should stand and request.that his or her • However, the rules for a member nominating a candi• name be removed from nomination It is better to re- date are the same as for the nominating cornatittee move your name during the nomination process than L A member should know if the person he or she wishes to after you are elected. nominate is eligible to serve and if the person is willing to serve inations by Ballot ' . When the nomination is from the floor ;1 Instead of ations from the floor, , mutilations 1 A member does not have to get recognition, and can be by ballot, member is ' en a nominating often in small assemblies a member can call out a ballot and writes the name candidate(s)on it.Then • name while still seated { the tellers committee ts the ts and writes a list 2 A nomination does not need a second. 1 of the nominee give to the presi announce. men a vo taken for election Care should 3 A member can be nominated for more than mu. that nominating ballot does not become the electing office _ b lot. 4 A member can't nominate more than one person for Fart office until everyone has had the opportunity to ationsby Mail make nominations. When members widely scattered, it may l ^tielpfui 5 After each nomination, the president repeats the to take nominations by The is responsible ` name to the assembly. For example, the president for mailing the nomi • to each member, would say with tnstructia ow is hip it out.Art'1 embers p matt b ,.• nominations, the secretary coin s President Denise Namion for resident.Are there po i e e further nominations for president? bal t from which the members then vote is ito A motion to close nominations is usually not nec.es- , i• sary unless it becomes apparent that members are inations by Petition i nominating people just to honor them,and that the nominees have no Intention of serving Somettmes aSvs provide nominations by petition In this case, a e mast be nominated 1 7 Usually the president closes nominations when no b�• a signed pet o members -r � � U oIirI1i13�n i further nominations are coming forward from the is put ie ballot. The nominating petition t y-'be assembly ( e osed with a newsletter or mailed to the members ..._.,.... ....,.....,. .+...=.../ERRS -_-_..._....+. - - �..,.,..v>� . .. it• ) 3 + lii4 Nominations andElectrr Elections 185 2. N. Other Nominating Procedures / the meeting,only tnc sc members who are willing to serve are on the list. ''\ it the bylaws do not state how nominations are tr+ { , conducted, any member can make a motion propouer; \'14 nominating process This is an incidental mini/trio don,It needs a second and is not debatable but is/mmnd- ELECTIONS Iable,The best practice,flower,er,is for the bvia sls to•,tat. the pkocedurc ; After the nointn:itn ' process is Wristlet', the members / -trust%otc on the proposed candidates If the bylaws do not state how the vote is to be taken,a member can make UNDEMOCRATIC flRACTI�ES IN Tiff_ art incidental motion regarding hone to take the vote.If the bylaws state that the vote must be taken by ballot* cast the electing ballot for the iNOMINATION AND ELECTION PROCESS even if there is only one candidate for each office, the , \ 1,ore must nevertheless be taken by ballot A ballot vote Members should**should**alert to sore indernocratic Ieuittit.al still alloys the members to write In a candidate's practices to orgatiittions Fo irtstartc,q ld a person is name. If the bylaws require a ballot vote, the members erected and then rest ns,the ffice is considered vac.eni must vote by ballot even if all candidates are running tnd the presidentost, of bold fills it by appointment ' unopposed it is out of order to ask one person (for example,the secretary)t l instead of having ono a 'election This may atilt., anto1 unpopular or hand-ptck` attdictate to get the mace es en entizc assembly.Such a motion is wrong because it takes though he or she was ryst a ected away members'rights to write in a candidate. 1 In writing the n��{ninat rii, election and .aca.tcA ! ilie vote. forete.Yttc4ee Ulti he taken by c ondittons in the by ws, the gantzat1Uti should enakt. sure that if a vacan ;is created e ly in the term of offiu, I' Voice the vacancy is d by election i stead of by appoint- f 2 harlot • tnent,whenever possihle In some nit 'canal organizations 3 Roll call that meet yea or biennially(every:;vcar5} this wtutltt In Wink tilt ' 4 t uuuilati:c \o%lu}; r When ,hrnlnatiotes are being to\t.n front dn. goof or sv en a nominating ballot is bout tttst cI,a good to provide the members with an eligibility list ! Election by Voice Vote so that/they are not nominating people who ill not be able tea xrve When the secretary mails tht. ni in vbcr:: a 'ti'hen these is only one candidate for office,election by not3yte it)out the nomination and election meet ig, do. yoke.vote is a good method to use if the bylaws do not ietpi r can include a requcat that memberswhouvt stipulate how the election should take place. However, syisit to be considered for offs.. notify th. secretor+j: in anytime an election is try voice vote, members forfeit #ritmg When the secretary prepares tht.ciigibiItty 1;,,t`tor their right to vs rite in a candidate 1 i When more than one person has been nominated Stated Ballots and the election is by voice, the chair takes the vote on *large organizations,such as conventions,it is usual to , the Candidates in the ordain which they were nominated. ha" a prepared, printed ballot listing all the names , Members must remember to vote yes for the cards- the c..,didates, with room for further nomination or date they want and vote no for the other candidates write-in torn the membership as they are voted on The first candidate to receive a i Mem► •go to the polls once.When there Is •• elec- malority vote wins tlon for a pa solar office or for several offices, '•embers The presiding officer takes the vote this wa4' roust conttnu o vote on those offices until .rneone is elected With kind of ballot, it Is best • have the President Ali those in favor of Member G far president j election early in t •meeting In the even •t another say"Aye"Those opposed say"No." ! tote is needed, it ca be accomplished ore the con- Then the president announces the tote ventlon or meeting ad{oums i/ , President The ayes have it,and Member G rs elected individual Ballots president. v `. In the second way of taking a helot vote,members are If Member G loses,the chair announces it this IN iv given a blank piece of paper liy",the tellers' committee President The noes have it,and Member G is not after nominations have b n c seri for an office elected All those In favor of Member}t far The members s rite on the b rik pie of paper the name All "Aye"favor Those opposed say or " of the person they wish see elect d for that office. presidentsay Yy The tellers then coil the ballots, unt them, and Then the president announces the results of this the chair of the tellers,conunittee reads a reports.The vote.This procedure continues until someone receives a president declares w)io is elected and pr ds to take nnalority vote nominations for file next office After . .minations When more than one candidate is nominated,the pros- are closed, the t• ers again give members b , • ballots tern with a voice vote is that those nominated first are more to write the ca> zdate of their choice.They •llect the likely to get elected.If there is a motion to make an elec- ballots,counyihem,and the chairman reads e report. non by voice vote unanimous that vote must be by ballot This goes o until the members elect someone • each ' If there is one"no"vote,the election is not unanimous office f � ^ Thi :d of balloting works well in small org• - 'on by Ballot Vote ���—�" ttonsJ�fttere members can pause briefly to coon the } balieits without taking a recess or proceeding with • •er There are twos .a�alIot ynte"t.an be rafter, t b}�Iness ) t. As a slats of afflcer ne ballot I �,j When .�1ec uii officers, if there is a tie vote or n i one retest es a maiority vote, then the members keep 2. Asindividuai ballot after noniinatio ., 'closed " / voting until someone is elected The members do not f r.ath office / 4 \proceed to the next office .intil they have elected �4. Baker with 19 votes tt / s'onseone for the unelected office For example, if no '\irz} ti.ith 16 votes art receives a inalonty vote for the office o:president I ,\ the embers keep voting until they eiec •someone 3. Jarit with 15 votes top 5 candidates Tlivy oceed to vote on the office or vice president only 4 Smith with '14 votes -►t:er th y have elected a president Ill cases ++here the me ers ate voting oil si:�.i.ral directors at oar 5 Gxten with4S'.otes /. n\ time, tho receiving a majority are elected to office 6, krank with 12 vUtrs •/ If any positi ns are not elected on the first ballot, the members kee voting on the rest of the candidates 7 hates with 11 votes. ,% until the post ons are filled. it more candidates / receive a mayor y vote thap there art. positions if three candidates ha eived the same vote--for available, those 'dates receiving the highest votes example, if Smith,Green cl\Frank had each received ) are considered elect l:orxample, the Soccer Club 13 votes—then the m ershtp would have to hold has an executive boar five people Sett en people another election Even ough Ca'tididate Bates received are nominated, and the, nembers are instructed to the lowest vote, his ame would tell ain on the ballot. i .ore for five candidates¢n`the same ballot 4 here are No one is remov from the ballot unless the bylaws twenty people present td v tang It takes eleven votes state that the tnriber with the fewest'votes should be to elect.The foflowingicandld es received this number rune ved-bee+arse that person may encl�up being the of votes c oinprtxmi Candidate, �� The�-t ai counting and recording of tih�ballots is Candidate Smith, 14 votes ;corn fished Uy the teIlers'rvrr,rr,ittre,member who are Candidate Jones, 15 votes \, "- rated to count the vote during a rrieeting F irtfot- Candidate faker, 19 votes �tioli on this aspect of the voting process,see" n-i}, and kecorcilrig tip. Ballots by Tellers' Cornmitte Cartdldatt Torry, to votes later in this chapter Candidate Green, 13 votes i_andidate Frank, 12 votes �, Election by Roll Call Vote `� ' ,t It the members take the vote by roll call, the same Ca ndidate Hates, 11 votes r methods used for a ballot vote can be followed. either Although an candidates received a majority, Duly ; ., voting for all candidates at once or voting for one at a five can be elected to the board in this case. thn. ;.R ' nine The gresidtrtg officer shquid explain the procedure five candidates who received the most votes are they ' 's the secretary calls the roll, each member states for whom he or she is voting The secretary records the vote f,. winners t and repeats it to make sure it is accurate i _ . _ x ..tom . .. . . ." NOMINATION PROCFDURE.S (In accordance with Robert's Rules of Order) FEiL NOMINATION PROCESS Prior to beginning the nomination process, 4 motion to"open nominations"is necessary Any member of the council can offer such a motion. The mutton should contain the title of the office that is open for nomination such as•"I ink e that we open nominations for the office of the motion must be seconded,discussion held and a vote taken A maoant% v Fie is necessary to open nominations 2 tithe motion is approved, the mayor then calls for nominations for that particular Mae by saying "Nominations are now in order for the office of Any t cattail member including the mayor, niav place a name in nomination 4 It is not miet try to sceomld,t t'ctrlltWitiOP 5 It all obJL',lion is mad•t)j a inetiit)Ci of the i:ounLil, then no Inc tabu Ian nointlaat.% more than one person for a et',c.n offer.until&yci} ilitnlhLr within l to uotwnate someone has hid an opportunity to do so flits nil: applies c:en ttlicie more than one person is to be(Jetted to •tu otticc or pOSittuti 6 Nit council incmbe.r has i atsed an objection as indicated ii Step 5,then the • • nominations for that particular position must be closed prior to taking nominations tor any remaining positions C LOSINO NOMINA t IONS t..fpon rt.Lel ing the nominations for the particular position, the mayor should then ash if there arc any furthct nominations for the office of _ - 7 his question calling for any additional nominations should he repeated t,ice t v- a total iri three calls for additional nominations for the office of Once It appeals that there are no additional nominations for the parne:ui.ir etti.c thy mat}or should declare that the nominations arc closed and call tot a rnottoli close nominations ar. I Oft OINIlk the motion to doge nominations should be- "[move that nominations for the office of be closed." Again the motion must be seconded,discussion held and a N ote taken A ttk o-thuds vote!s needed to c 1 c. nonttn dons \t?cr the notlltnationS are diced, ti ottiig tor the panic"liar office t,an take place r nominations for the nest cailcd fair by the nlatit'r 1 he council nt.n complete the nominations tor c.tc yoffec before any l ottn tales dace or complete the iiointnations for the first(AMA,and %ot.on that ogee before proceeding to the nonimattonsfor•the item office A illotion to(lose nonitnatmnc canii(it he rci.?nstdered 1 iiiutioa t,>rct,ptn noiaaiatioas In only ht.,rtl.i.4t",id rid in 1n'•ta11e:t1 of n,..g,itlSc tote 1 Ill- \ OliNti flax'{5:5 1)cp,iltluig on tit i;Jiro 11 tl.ci :i c ti hit,' thc:actual Loft tAIll tie*colttitt,u0 t,)U �•ill he'oting:ther uuinediiiet tiler the nomination,.are t Ico•.d for lht tir5t otto onlc or ifitr noiniint' t,ns i1. (it. td tor III t' aiial 1,. oflic.es, in e,ttte r Ih� Pt.:t., l flit e tine the Ili t i %till need tt+ tnnttnoc,e the pun • ill tilt +7(tl.1 to tihittt nt,t);.(1,0 ,i nitl '.,te ht.1 I to the ti'ie t'r to I orr e\,uilitlt.. it ?`tl �ti t it.l, and Nits Pluto 1'Ltilnnatt.d second then ih. c: t - thtir ic'tillitl'ltltt i : ; et'ilsntcted Ill lli sum. Urt1+'t \n n ,lteldual i`, . -. Ito he tk_,1..1 to ih,-'oflite.noon recciti in" a in t,otit .(rie ()hoe S•ttne ne i ti`.c,a inaJUr'it,,it it,no longer nu.tcSat:°to proeted'. a rill t ill vt)te on any relnainiiig Candidates JJSiAR!';ti F1{ER SU' IS Ants tht ✓thong process is con(luded Co- in tGor or lit) t lick should dctlare 11,e tally of each eole public]t 2 Fnll,) int the complitlon of Ott t uting proeeS, the Mayor should tnntnurno tlu su:cc4outtl nointnee and har' tin.it think calttrttd into the(1Ulm! record Page 2 at 2 ROLL CALL VOTE NOTES: L , Amok ITEM # I MEETING OF I (1 ( L MOTION BY: ` SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY V VICE MAYOR DIETZ % COUNCILMEMBER SMITHSON , COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN 1/1/ COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOS IN FAVOR OPPOSED ABSTAINED 1 TOTAL ��` ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY. YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON , VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 13 STEP 1. I MOVE THAT WE OPEN NOMINATIONS FOR THE OFFICE OF VICE MAYOR. STEP 2. I NOMINATE FOR VICE MAYOR (A SECOND IS NOT NECESSARY STEP 3. I MOVE THAT NOMINATIONS FOR THE OFFICE OF VICE MAYOR BE CLOSED. 4 pACN ✓y 0 A ache Junction Home qfthe Superstition Mountains W a Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 7, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Selection of council signatories for city checks. City checks require the signature of a council member in addition to that of the city clerk. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 cover memo PpACHJ ray rilfeae/e/ 2troie1-r'ote/ U Home of the Superstition Mountains 4q zONP MAY 19, 2011 MEMORANDUM TO HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH. GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT. AGENDA ITEM FOR JUNE 7, 2011 (DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES) In accordance with the recommendation of our auditors and the requirements of the banks that handle city bank accounts, city staff is requesting that formal action be taken by council to ratify those elected officials who will be authorized to sign city checks. This action is appropriate at this time since technically this is a "new" council with new term expiration dates. City checks require two signatures to include one from a member of the City Council in addition to the signature of the City Clerk as ex officio city treasurer The current council check signer is Mayor Insalaco Traditionally, a minimum of two designated signers have been chosen from among our elected officials to include the mayor and/or vice mayor or a council member Since all "council members" are elected under that specific title, I recommend that you use the word "Councilmember" as the title in your motion As an example I move that Mayor Insalaco and Councilmember be designated as city check signers in addition to the City Clerk Please contact me if you have any questions •Voice(480)982-8002 • IA X(380)982-7018•TDD(480)983-0095 • %sate ajett) net 300 E Superstition Boulevard, Apache Junction,AL 85219 ROLL CALL VOTE NOTES: j 0/1 ITEM # MEETING OF tl MOTION BY: � SECONDED BY lc jatA. YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER I COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON V COUNCILMEMBER COLEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 14 Note: please use title of Councilmember for any council check signers (see attached memo) I MOVE THAT THE FOLLOWING COUNCIL REPRESENTATIVES BE DESIGNATED AS CHECK SIGNERS IN ADDITION TO THE CITY CLERK• ROLL CALL VOTE NOTES .`J 14 AIM 1. 11 /)-'1 ITEM # MEETING OF_� i K ,1 1 MOTION BY: i LA' 0/ A.,/144/-'.' SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY I COUNCILMEMBER COLEMAN 1 VICE MAYOR DIETZ ' COUNCILMEMBER BARKER COUNCILMEMBER SMITHSON ✓ MAYOR INSALACO V Ad Il• UNANI OUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 15 THAT AN EXECUTIVE SESSION AT 5.45 P M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, JUNE 20, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, JUNE 21, 2011, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M. Pitt;iv\ /1 'c./ ROLL CALL Z.,/ ( ws. 4 I , ( REG SPEC to I CITY COUNCIL: P / A P / A P / A MAYOR INSALACO / IL' /, /MAYOR DIETZ V / ,/ COUNCILMEMBER BARKER VCOUNCILMEMBER COLEMAN V/ V / COUNCILMEMBER SERDY ✓ / V COUNCILMEMBER SMITHSON2 ✓ /, COUNCILMEMBER WILSON ✓ V 7 TOTAL I r CITY STAFF City Manager George Hoffman i1 v Assistant City Manager Bryant i Powell '"_ L City Clerk Kathleen Connelly v V f City Attorney Joel Stern (/ V/ Public Safety Director Jerald Monahan V 1/ Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz / / Riley �/ �,.�' Planning Manager Fred Baker Economic Development Director Steve Filipowicz V Assistant to the City Manager , , Matt Busby li.- ' / � /t. . OTHERS: �'rs /�j) -� !s 4.0/\1 -1\ 14 \PAIL , ' -: il,:1,,2fi,d 1 ')" Date: (, 0 1 I City of Apache Junction (tern 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? Ye p K NOD Only If Necessary ❑ ❑ I am in favor of he prop sed lArn. ❑ I am opposed to the proposed Item. buacurco ff PCIzA-Y &-Qi-- Name (Print), Crr`-n ( (Nt\ 2 Address City Zip Code ir)Oar— 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 /77(/ 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? es Non Only If Necessary in ❑ I am in favor of the p proposedtJ Item. ❑ I am opposed to the proposed Item. Name (Print) C .Z 7 �� 174G �� ,�� � T,45/' /UL, A 2 St/(5' Address City Zip Code VI 2Y7— l ?- 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. 8/1 8/09 Date: - 7- (7 City of Apache Junction Item No. Request to Speak Form or Call to The Public c (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? Yesn Non Only If Necessary ❑ ❑ I am in favor of the proposed Item. n I am opposed to the proposed Item. Name (Print) 7/7 Address City Zip Code /o2 5S- A • ) 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. 8/1 8/09 Date: 1 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? Ye,7 NOD Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I amopposed to the proposed Item./ .014 kr.'/11 Name (Print) .)-sr)-c)a -t2C t'/( dt-& v•L_eZbo iCY/ Address City Zip Code - o �gO ' a� 7 4_4 e GAP Telephone ��, o /*a kr Gc'o o d Alb r 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