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
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y�o City of Apache Junction
Home of the .Superstition :'Mountains
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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
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City of Apache Junction
Home of the Superstition Mountains
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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
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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-
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6 ARC irs
7 �
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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
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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
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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
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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
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Horne of the Superstition Mountains
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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
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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,
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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
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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
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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
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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