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HomeMy WebLinkAbout1984 01.03 City Council Regular Agenda r1r,,yHFF do 1 U t�1ij Z 9 s '�RizoNP `Oily o� , ipache unction CITY COUNCIL REGULAR MEETING AGENDA JANUARY 3, 1984 7: 00 P.M. 6: 00 P.M. EXECUTIVE SESSION (if required) 6: 00 P.M. WORK SESSION (if required) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL (1) ACCEPTANCE OF AGENDA (2) ACCEPTANCE OF CONSENT AGENDA A. Proposed Ordinance No. 197, Building Code (Second Reading) B. Proposed Ordinance No. 244, Amending City Code (Vacation Leave Policy) (Second Reading) C. Acceptance of Minutes from Regular Meeting of December 20, 1983 INTRODUCTION OF DISTINGUISHED GUESTS AND VISITORS AWARDS, PRESENTATIONS, AND COMMUNICATIONS CITY MANAGER'S REPORT PUBLIC HEARINGS (3) PROPOSED ORDINANCE NO. 188, PZ-15-83, LEIGH (Postponed Item) (First Reading) 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 (4) PROPOSED ORDINANCE NO. 196, AN-2-83, CENTRAL PROPERTIES (First Reading) (5) PROPOSED ORDINANCE NO. 199, PZ-21-83, CENTRAL PROPERTIES (First Reading) (6) PROPOSED ORDINANCE NO. 221, PZ-34-83, COMMISSION INITIATIVE (First Reading) (7) PROPOSED ORDINANCE NO. 226, PZ-39-83, CURTIS, ROSS, AND "0. WEATHERBY (First Reading) (8) PROPOSED ORDINANCE NO. 227, PZ-40-83, PAULSON (First Reading) (9) PROPOSED ORDINANCE NO. 230, PZ-41-83, BURGESS (First Reading) (10) PROPOSED ORDINANCE NO. 250, AMENDING CITY CODE, PENALTY CLAUSE AND CHAPTER 12 - TRAFFIC VIOLATIONS (First Reading with Emergency Clause) OLD BUSINESS (11) ACCEPTANCE OF COMMUNITY SWIMMING POOL AND BATH HOUSE (Postponed Item) (12) APPOINTMENT TO LIBRARY BOARD NEW BUSINESS (13) CITY POLICY REGARDING FEDERAL PATENTED EASEMENTS (14a) WORK SESSION, JANUARY 16, 1984 EXECUTIVE SESSION, WORK SESSION, JANUARY 17, 1984 (14b) IMPROVEMENT TO IDAHO ROAD AND U.S. HWY 60, PW-83-3 (14c) INTERSECTION OF PHELPS DRIVE AND U.S . HWY 60 CALL TO THE PUBLIC (15) INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REQUESTS OF COUNCIL (16) ADJOURNMENT "THANK YOU FOR YOUR ATTENDANCE AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS. " ROLL CALL VOTE SHEET NOTES ITEM # 0 ( 3ri/ MEETING OF MOTION BY: SECONDED BY: YES NO 1 ABSTAINED COUNCILMAN SHANKS / ✓ COUNCILr'AI`! DAMIANO I V COUNCILMAN STEELSMIT.V' �/ VICE MAYOR EIDSON I ' COUNCILMAN TAYLOR I , / MAN COUNCIL M .. HIl L J FAYO.R CLARKE I UNAN MOUS , IN FAVOR OPPOSED ABSTAINED TOTAL AW ITEM NO . 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE AGENDA BE ACCEPTED AS PRESENTED . ORDINANCE NO. 197 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 7 BUILDING, PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS; ADOPTING CERTAIN CODES BY REFERENCE, REPEALING CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. -04 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT SECTION I IN GENERAL That Chapter 7 of the Apache Junction City Code be amended to read • = as follows Chapter 7 BUILDING it = _ r ' ARTICLE 7-1 Building Codes and Construction Standards Yid \ _ 7-1-1 Conformity with the Apache Junction City Code, Volume II, Land Development Code, Chapter I 7-1-2 Building Code 7-1-3 Building Code Standards = 7-1-4 Fire Code 7-1-5 Fire Code Standards 7-1-6 Electrical Code 7-1-7 Plumbing Code 7-1-8 Mechanical Code ' 7-1-9 Dangerous Building Code - _ 7-1-10 Energy Code SECTION 7-1-1 CONFORMITY WITH THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER I In addition to the provisions contained in this Chapter, all construction shall conform to the Apache Junction City Code, - Volume II, Land Development Code, Chapter I. ter_ SECTION 7-1-2 BUILDING CODE - That certain publication entitled Uniform Building Code, 1982 Edition, that was declared public record by Resolution No. 83-23, y � " r• r a '; i s� hereby adopted by reference as the "Building Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein. SECTION 7-1-3 BUILDING CODE STANDARDS That certain publication entitled Uniform Building Code Standards, 1982 Edition, that was declared public record by Resolution No. 83-24, is hereby adopted by reference as the "Building Code Standards of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein SECTION 7-1-4 FIRE CODE That certain publication entitled Uniform Fire Code, 1982 Edition, that was declared public record by Resolution No 83-25 is hereby adopted by reference as the "Fire Code of the City of Apache Junc- `s tion" and made a part of this chapter the same as though said publi- cation was specifically set forth in full herein' ORDINANCE NO 197 PAGE TWO SECTION 7-1-5 FIRE CODE STANDARDS That certain publication entitled Uniform Fire Code Standards, 1982 Edition, that was declared public record by Resolution --21k .-kg; No 83-26, is hereby adopted by reference as the "Fire Code Standards of the City of Apache Junction" and made a part of Amok this chapter the same as though said publication was specifi- cally set forth in full herein SECTION 7-1-6 ELECTRICAL CODE That certain publication entitled National Electrical Code, 1981 Edition, that was declared public record by Resolution - No. 83-27, is hereby adopted by reference as the "Electrical Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifi- cally set forth in full herein. SECTION 7-1-7 PLUMBING CODE That certain publication entitled Uniform Plumbing Code, 1982 Edition, that was declared public record by Resolution No 83-28, is hereby adopted by reference as the "Plumbing Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein .'a -4. , SECTION 7-1-8 MECHANICAL CODE • That certain publication entitled Uniform Mechanical Code, 1982 Edition, that was declared public record by Resolution No. 83-29, is hereby adopted by reference as the "Mechanical Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein. SECTION 7-1-9 DANGEROUS BUILDING CODE • - That certain publication entitled Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, that was declared public record by Resolution No. 83-30, is hereby adopted by reference as - the "Dangerous Building Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein. SECTION 7-1-10 ENERGY CODE That certain publication entitled Code For Energy Conservation In New Building Construction, Second Printing, that was declared public record by Resolution No. 83-31, is hereby adopted by refer- s. �.� + x ``* e • ence as the "Energy Code of the City of Apache Junction" and made a part of this chapter the same as though said publication was specifically set forth in full herein ARTICLE 7-2 Penalties - Any person, firm or corporation, whether as principle, owner, agent, tenant, employee, or otherwise, who violates any provision of this ordinance or of the codes adopted herein; or fails to comply with — any order or regulation made hereunder, shall be guilty of a mis- I - demeanor and upon conviction thereof shall be punishable by a fine of not more than one-thousand dollars ($1,000) or by a term of imprisonment not exceeding six (6) months, or by both such fine and imprisonment, and each day's continuance of said violation shall be deemed a separate offense. ORDINANCE NO 197 PAGE THREE SECTION II REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance or any part of the codes 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 , 19__ Wendell J Clarke, Mayor ATTEST Kathleen Connelly, yc City Clerk APPROVED AS TO FORM• Dav d F. Alexan , } City Attorney :_- a� P?ACHE de, k tt '.';::.4.,.,,,,:140.4—0 0 Iii gRiZoNp, iCy opache unction December 13, 1983 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL )‘1(`)I THROUGH: CITY MANAGER FROM: CITY CLERK/Z,e, SUBJECT: PROPOSED ORDINANCE NO. 244 -- AMENDING CHAPTER 3 OF THE CITY CODE (VACATION LEAVE POLICY) As discussed at previous work sessions, a discrepancy exists in the vacation leave policies of the police department and the remainder of city employees. Proposed Ordinance No. 244 corrects this discrepancy by adopting a uniform accrual of annual vacation leave based on the number of years worked. Additionally, this ordinance proposes to amend the distribution of vacation hours after they exceed 240 hours or 30 days. Presently, any accrued vacation leave in excess of 240 hours at the end of each year may be paid to the employee in cash upon approval of the department head and the city manager. The proposed change would be that any accrued vacation in excess of 240 hours at the end of each year would be lost unless the employee was unable to schedule vacation due to departmental obligations. Attached is a copy of the proposed change in the area of accrued vacation credits. This item will appear on the December 20th agenda. Approver for Agenda �� Data Item # kmc First Reading ic9-VZ-5 S- Second Reading Attachment (1) ✓Public Hearing Old Business New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 PROPOSED AMENDMENT TO: RULE X. ATTENDANCE AND LEAVES - PERSONNEL POLICIES SECTION 2. Annual Vacation Leave: All employees in the classified service shall be entitled to annual vacation leave with pay except the following: a. Employees who have served less than six months in the service of the City. b. Employees who work on a volunteer basis , and all employees who work less than 1 ,040 hours per year. Upon completion of six (6) months of service, each eligible employee shall be credited six (6) working days of vacation and shall accrue thereafter vacation at the rate of one day per month. All vacation leaves are to be taken at the convenience of the Department and ** shall be approved in advance by the Department Head. Vaeat}ee-leave-}ia-excess-ef-thi:pty-(39}-days-by-DeeemheF-3}-of-eaeh year-fay-be-pa}d-4e-eash-epee-apppeval--ef-tbe-depaptfeet-bead-te-the peraeeeeT-eff}eep-and-appFeaal--ef-e}ty-maeageF. **Vacation credits shall not be allowed to accumulate in excess of 240 hours (30) days at the first of January of any calendar year. Any carryover of vacation credits in excess of 240 hours at the first of any calendar year becomes void at that time. It is the responsibility of each employee to schedule their vacation time in compliance with departmental work loads and needs . In cases where employees are unable to use accrued vacation due to departmental work load, an exception may be made with department head and city manager approval . ** designates change. designates deletion. ORDINANCE NO 244 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION, ARTICLE 3-10 PERSONNEL SYSTEM, PERTAINING TO ANNUAL VACATION LEAVE POLICIES FOR ALL CITY EMPLOYEES, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: - SECTION I IN GENERAL That Chapter 3 ADMINISTRATION, Article 3-10 PERSONNEL SYSTEM, be amended to read as follows ARTICLE 3-10 PERSONNEL SYSTEM - A. That the certain document entitled Personnel Policies, City - of Apache Junction, be amended to read as follows: RULE X. ATTENDANCE AND LEAVES SECTION 2. Annual Vacation Leave: All employees in the classified service shall be entitled to annual vacation leave with pay except the following. a. Employees who have served less than six months in the service of the City. b. Employees who work on a volunteer basis and all employees who work less than 1,040 hours per year. Upon completion of six (6) months of service, each eligible employee shall be credited with six (6) working days of vacation and shall accrue thereafter vacation at the rate of one day per month. All vacation leaves are to be taken at the conven- ience of the Department and shall be approved in advance by r' the Department Head Vacation credits shall not be allowed to accumulate in excess of 240 hours (30 days) at the first of January of any calendar year. Any carryover of vacation credits in excess of 240 hours at the first of any calendar year becomes void at that time. It is the responsibility of the employee to schedule their vacation time in compliance with departmental work loads and needs. In cases where employees are unable to use accrued vacation due to departmental work load, an exception may be made with depart- ment head and city manager approval. The annual vacation leave policy is as follows 1 year - 4 years 12 working days 5 years - 9 years 15 working days 10 years - 14 years 18 working days 15 years or more 24 working days ORDINANCE NO. 244 PAGE ONE OF TWO p B That certain document entitled Police Policies and Procedures, City of Apache Junction, be amended to read as follows 3.08 VACATION LEAVE The annual vacation leave policy is as follows. Ark 1 year - 4 years 12 working days 5 years - 9 years 15 working days 10 years - 14 years 18 working days 15 years or more 24 working days SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase 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, ARIZON,A THIS DAY OF , 19 - WENDELL J. CLARKE Mayor ATTEST KATHLEEN CONNELLY City Clerk AP ROVED AS TO FORM D V E AN City torney ORDINANCE NO. 244 PAGE TWO OF TWO oak CITY COUNCIL REGULAR MEETING DECEMBER 20, 1983 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 20, 1983, at the Apache Junction City Council or"eak Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson led the Invocation PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Councilman Taylor, Councilman Damiano, Councilman Steelsmith, Councilman Shanks, Vice Mayor Eidson, Mayor Clarke Councilman Absent. Councilman Hill (ill) Staff Present. City Manager Michael J. McNulty City Clerk Kathleen Connelly Director of Planning Joe Gero Controller Keith Lewis Economic Development Specialist John Schoeph Associate Planner Jim Nakagawa Operations Supervisor Doug Dobson Superintendent of Community Services Jeff Bell City Attorney David Alexander Deputy City Clerk Lori Clark Staff Absent Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Others Present. Mr. Daryl Jones 999 W. Broadway Rd. Apache Junction, Arizona 85220 Reverend William Deljslanche 999 W. Broadway Rd. Apache Junction, Arizona 85220 Mr. G. Keeton 999 W Broadway Rd. - Apache Junction, Arizona 85220 z- ,' Mr Earl Laabs 370 E. 12th Avenue Apache Junction, Arizona 85220 Mr. Joe Morvak 5090 E. Roosevelt Apache Junction, Arizona 85220 Mr. John F. Dassinger 1544 S Stetson Rd. Apache Junction, Arizona 85220 Mr. Lee Weaver 999 W Broadway Rd. Apache Junction, Arizona 85220 Mr. Joe Tarro 999 W Broadway Rd. Apache Junction, Arizona 85220 Mr Robert Pohlman, Attorney Meyers, Greger & Pohlman 3003 N. Central Ave Suite 2110 Phoenix, Arizona 85012 Mr. Jim Lanche, Attorney 3003 N. Central Ave Suite 1800 Phoenix, Arizona 85012 Dr. William Wright P 0 Box 879 Apache Junction, Arizona 85220 ( Mr. John Schmidt 1339 S. Royal Palm Blvd. Apache Junction, Arizona 85220 ACCEPTANCE OF AGENDA Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE: Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEM "A": ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF DECEMBER 6, 1983, BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 2 Aal Councilman Taylor seconded the motion. VOTE: Unanimous The motion carried. Introduction of Distinguished Guests and Visitors Mayor Clarke welcomed Dr. William Wright, Superintendent of Apache Junction Schools. AWARDS, PRESENTATIONS, AND COMMUNICATIONS None CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED RESOLUTION NO. 83-71, 494=--A =-d*a AUTHORIZING ISSUE AND SALE OF $3 MILLION IN INDUSTRIAL DEVELOPMENT ^^ = REVENUE BONDS BY APACHE JUNCTION INDUSTRIAL DEVELOPMENT AUTHORITY (Gene E. Lynn) Mayor Clarke opened the hearing to the public Economic Development Specialist John Schoeph explained that the Industrial Development Authority has received and given preliminary approval to an application from Mr. Gene E. Lynn for a nursing home to be financed by Industrial Development Revenue Bonds. Mayor Clarke asked if there was anyone who wished to speak on this issue. Mr. Robert Pohlman, attorney associated with Meyers, Greger, and Pohlman, representing the Industrial Development Authority further explained the Revenue Bonds and the application. Mr. Jim Lanche, attorney - �zea representing Mr. Gene E. Lynn, requested approval of this project. Dr. William Wright, member of the Industrial Development Authority, expressed approval of the project. There being no one else wishing to address the Council, Mayor Clarke closed the hearing to the public. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO 83-71, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE ISSUANCE OF REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 3 •�• ,ram $3,000,000 IN INDUSTRIAL DEVELOPMENT REVENUE BONDS, (APACHE JUNCTION NURSING CARE PROJECT), SERIES 1983, OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF APACHE JUNCTION, ARIZONA, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Steelsmith seconded the motion. VOTE Unanimous The motion carried. PROPOSED RESOLUTION NOS. 83-23 - 83-31 AND PROPOSED ORDINANCE NO. 197 (First Reading), BUILDING CODE REVISIONS ) Mayor Clarke opened the hearing to the public Building Official Leo Frazier, Jr., stated that these proposals will adopt the editions presently in publication Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the resolutions. There being no one wishing to address the Council, Mayor Clarke closed the hearing to the public. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 83-23, DECLARING AS A PUBLIC RECORD THE UNIFORM BUILDING CODE 1982 EDITION, RESOLUTION NO. 83-24, DECLARING AS A PUBLIC RECORD THE UNIFORM BUILDING ( CODE STANDARDS 1982 EDITION; t RESOLUTION NO. 83-25, DECLARING AS A PUBLIC RECORD THE UNIFORM FIRE CODE 1982 EDITION; RESOLUTION NO 83-26, DECLARING AS A PUBLIC RECORD THE UNIFORM FIRE CODE STANDARDS 1982 EDITION; • RESOLUTION NO 83-27, DECLARING AS A PUBLIC RECORD THE NATIONAL ELECTRIC CODE 1981 EDITION, RESOLUTION NO. 83-28, DECLARING AS A PUBLIC RECORD THE UNIFORM PLUMBING CODE 1982 EDITION; RESOLUTION NO. 83-29, DECLARING AS A PUBLIC RECORD THE UNIFORM MECHANICAL CODE 1982 EDITION; • �- r � d RESOLUTION NO. 83-30, DECLARING AS A PUBLIC RECORD THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1982 EDITION; AND RESOLUTION NO. 83-31, DECLARING AS A PUBLIC RECORD THE CODE FOR ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION, SECOND PRINTING, BE AND HEREBY ARE APPROVED AND ADOPTED AS STANDARDS OF CONSTRUCTION FOR THE CITY OF APACHE JUNCTION. (After amendment) Seconded by Councilman Damiano before amendment. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 4 Amk Vote: Unanimous Amended motion seconded by Councilman Shanks. VOTE: Unanimous Mayor Clarke called upon the City Clerk to read Ordinance No. 197, by title only for the first reading. City Clerk Kathleen Connelly, read as follows ORDINANCE NO. 197, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 7 BUILDING, PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS; ADOPTING CERTAIN CODES BY REFERENCE; REPEALING CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES PROPOSED ORDINANCE NO 244, AMENDING CHAPTER 3 OF CITY CODE (VACATION LEAVE - POLICY) (First Reading) ) Mayor Clarke opened the hearing to the public City Manager Michael J. McNulty informed the Council that due to vacation discrepancies, this ordinance was proposed to adopt a uniform accrual of annual vacation leave. a. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the proposal. There being no one wishing to address the Council, Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No. 244, by title only for the first reading. City Clerk Kathleen Connelly, read as follows ORDINANCE NO. 244, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION, ARTICLE 3-10 PERSONNEL SYSTEM, PERTAINING TO ANNUAL VACATION LEAVE POLICIES FOR ALL CITY EMPLOYEES, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. PROPOSED RESOLUTION NO. 83-62 GP-1-83, COMMISSION INITIATIVE Mayor Clarke opened the hearing to the public. Director of Planning Joe Gero briefed the Council on the proposal to amend the General Plan Mr John Dassinger, 1544 S. Stetson Road, Apache Junction, addressed the Council in opposition to the amendment. • REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 5 1 Mr. Earl Laabs, 370 E. 12th Avenue, Apache Junction, requested a change in the proposed resolution Mr. Joe Morvak, 5090 E. Roosevelt, Apache Junction, requested approval of the proposed amendment. Mayor Clarke asked if there was anyone else who wished to address the Council. There being no one wishing „mow to speak on the issue, Mayor Clarke closed the hearing to the public. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 83-62, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE ADOPTED APACHE JUNCTION, ARIZONA, GENERAL PLAN ENTITLED, "APACHE JUNCTION: 2001, APACHE JUNCTION, ARIZONA, GENERAL PLAN" ADOPTED BY RESOLUTION NO 82-01 ON JULY 20, `2 1982, AND WHICH DOCUMENT WAS MADE A PUBLIC RECORD BY ADOPTION OF RESOLUTION NO. 82-48 ON JULY 20, 1982, AND WHICH INCLUDES THE MAP ENTITLED, "APACHE JUNCTION, 2001 LAND USE MAP," SAID AMENDMENTS AS SET FORTH HEREIN AND ON THE AMENDED "REVISED APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP" DATED AUGUST 30, 1983, BE AND HEREBY IS APPROVED AND ADOPTED. Vice Mayor Eidson seconded the motion. VOTE: Unanimous The motion carried. PROPOSED AMENDMENT TO GENERAL PLAN, ROADHAVEN RESORTS PZ-6-81 ) Mayor Clarke opened the hearing to the public. Mr. Gero briefed the Council on the request for major amendment to the General Plan. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the request - There being no one wishing to address the Council, Mayor Clarke closed the hearing to the public Mr. Gero stated that the Development Coordinating Committee recommends approval, and this does not require being reviewed by the Planning and Zoning Commission. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE REQUEST FROM ROADHAVEN RESORTS OF APACHE JUNCTION FOR A MAJOR AMENDMENT TO THEIR PLANNED DEVELOPMENT PLAN WHICH WAS APPROVED AS PART OF THE REZONING AS SET FORTH IN CASE PZ-6-81, AND WHICH WAS APPROVED BY ORDINANCE NO. 92, FOR AN AREA IN THE NORTHWEST CORNER OF TRACT B-4, GENERALLY WEST OF TRACT A-3, BE RELEASED FROM RETENTION OF STORM WATER USE AND BE ALLOWED TO HAVE AN ARTS AND CRAFTS RECREATION BUILDING AND PARKING, BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. { Jvr S REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 6 VOTE: In Favor: Councilman Shanks, Councilman Damiano, Councilman Taylor, Vice Mayor Eidson, Mayor Clarke Abstained: Councilman Steelsmith (possible conflict of interest) The motion carried Mayor Clarke recessed the meeting. Mayor Clarke recovened the meeting. OLD BUSINESS PROPOSED ORDINANCE NO. 223, PZ-36-83, RIBAUDO (Second Reading) Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 223, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 223, by title only for the second reading. ( City Clerk Kathleen Connelly, read Il as follows ORDINANCE NO. 223, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-36-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 223, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-36-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED WITH THE FOLLOWING STIPULATIONS OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL "THE APPLICANT DEDICATE THE SOUTH FORTY (40') FEET AND THE EAST THIRTY-THREE (33') FEET OF THE SUBJECT PROPERTY FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES." BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE AS FOLLOWS: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 7 A. "THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE " Councilman Steelsmith seconded the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 235, SN-3-83 o COMMISSION INITIATIVE (Second Reading)) Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 235, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE• Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 235, by title only for the second reading. City Clerk Kathleen Connelly, read w - as follows. NO 235, AN ORDINANCE OF ( THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, Il ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING "SECTION 13-2-5, ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES," BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED "OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA," BY CHANGING THAT CERTAIN STREET NAME FROM "WEST TWELFTH AVENUE" BETWEEN "SOUTH IRONWOOD DRIVE" AND "SOUTH BUENA VISTA DRIVE", REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 235, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING "SECTION 13-2-5, ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES," BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED "OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA," BY CHANGING THAT CERTAIN STREET NAME FROM "WEST TWELFTH AVENUE" BETWEEN "SOUTH IRONWOOD DRIVE" AND "SOUTH BUENA VISTA DRIVE", REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE AS FOLLOWS: A. "THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." Vice Mayor Eidson seconded the motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 8 Amok VOTE: In Favor: Councilman Damiano Opposed: Councilman Steelsmith, Councilman Shanks, Councilman Taylor, Vice Mayor Eidson, Mayor Clarke The motion failed. r PROPOSED RESOLUTION NO. 83-57, ECONOMIC DEVELOPMENT POLICY GUIDE (Postponed Item) Mr. John Schoeph briefed the Council on the proposed resolution, authorizing the steps to establish the organi- zation as not-for-profit. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 83-57, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING IN CONCEPT THE DOCUMENTS ENTITLED "REPORT AND RECOMMENDATIONS OF THE ECONOMIC OPPORTUNITIES ACTION TEAM" DATED SEPTEMBER 14, 1983, AS THE ECONOMIC DEVELOPMENT POLICY GUIDE, FOR THE CITY OF APACHE JUNCTION, ARIZONA, AND AUTHORIZING THE ECONOMIC OPPORTUNITIES ACTION TEAM TO IMPLEMENT THE PROGRAM RECOMMENDATION, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Taylor seconded the motion. VOTE: Unanimous The motion carried. EMPLOYEE/DEPENDENT HEALTH INSURANCE ( COVERAGE (Postponed Item) l ) Mr. McNulty presented the alternatives for employee health insurance, including self insurance, and recommended Pioneer Annuity Life Insurance Company based on their bid, and also that the City absorb one-third of the dependent's cost. Vice Mayor Eidson asked if a certain percentage of employees had to participate in this program. i Mr. McNulty stated that the desire is to obtain three-quarters participation of eligible employee dependents. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CONTRACT FOR EMPLOYEE/DEPENDENT LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, AND HEALTH INSURANCE BE AWARDED TO CIGNA HEALTH PLAN OF ARIZONA, INC. AND PIONEER ANNUITY LIFE INSURANCE COMPANY ON AN OPTIONAL a � F BASIS TO BE DETERMINED BY THE INDIVIDUAL EMPLOYEE. BE IT FURTHER RESOLVED THAT THE CONTRACT FOR EMPLOYEE/DEPENDENT DENTAL INSURANCE BE CONTINUED WITH THE DELTA DENTAL PLAN OF ARIZONA. BE IT FURTHER RESOLVED THAT INSURANCE COVERAGE WITH CIGNA HEALTH PLAN OF ARIZONA, INC. AND PIONEER ANNUITY LIFE INSURANCE COMPANY BECOME EFFECTIVE FEBRUARY 1, 1984, OR IMMEDIATELY THEREAFTER. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 9 BE IT FURTHER RESOLVED THAT THE CITY OF APACHE JUNCTION PAY ONE-THIRD OF THE COST OF DEPENDENT HEALTH INSURANCE COVERAGE FOR THOSE EMPLOYEES WITH DEPENDENTS. Councilman Damiano seconded the motion. VOTE Unanimous Amok The motion carried. CITY/SUPERIOR TRAINING SERVICES AGREEMENT (Postponed Item) City Manager McNulty reviewed the study conducted on this proposal and recommended denial at this time. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGREEMENT BETWEEN THE CITY AND SUPERIOR TRAINING SERVICES BE DENIED FOR THE FOLLOWING REASONS: 1. NO PROVISION FOR FUNDING WAS MADE IN THIS FISCAL YEAR'S BUDGET. 2. AS THE CITY IS ONLY SLIGHTLY OVER FIVE MONTHS INTO THE BUDGET YEAR, CONTINGENCY FUND RESERVES MUST BE RETAINED FOR EMERGENCIES. 3. CONSTRUCTION PLANS HAVE NOT BEEN COMPLETED FOR PARK DEVELOPMENT, AND NO FUNDS ARE AVAILABLE IN THIS FISCAL YEAR'S BUDGET TO DO SO. Councilman Damiano seconded the motion. ( Councilman Steelsmith agreed that this should be denied at this time, and if the budget over-ride is approved, this is one way those funds could be utilized VOTE: Unanimous The motion carried. FINAL APPROVAL OF COMMUNITY SWIMMING POOL BATH HOUSE Mayor Clarke stated that this • project is not completed, and should be postponed. Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE ACCEPTANCE OF THE COMMUNITY SWIMMING POOL BATH HOUSE, BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF JANUARY 3, 1984. Councilman Damiano seconded the motion. VOTE. Unanimous The motion carried. _ y REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 10 NEW BUSINESS PROPOSED RESOLUTION NO. 83-70, OPPOSING TELEPHONE ACCESS CHARGES ) Mr. McNulty informed the Council that this resolution is protesting the in-state access charges for telephone system users, and if approved, will be sent to the Corporation Commission. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 83-70, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RECOMMENDING TO THE ARIZONA CORPORATION COMMISSION THE DENIAL OF AN IN-STATE ACCESS CHARGE FOR TELEPHONE COMPANIES, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE: Unanimous The motion carried. AWARD OF BID FOR PUBLIC WORKS PROJECT NO. 83-4, PAVING MATERIALS Vice Mayor Eidson MOVED THAT BE IT = RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE BID PROPOSAL FOR PUBLIC WORKS PROJECT NO. 83-4, PAVING _ '" MATERIALS, BE AWARDED TO UNION ROCK & MATERIALS CORPORATION IN THE AMOUNT OF $21.50 PER TON EFFECTIVE THIS DATE. Councilman Damiano seconded the motion. [ VOTE• Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO BOARD OF ADJUSTMENT ) ) Councilman Steelsmith MOVED THAT _ BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF MS DIANA DUNLOP FROM THE BOARD OF ADJUSTMENT, BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT MR. JOHN SCHMIDT BE APPOINTED TO THE BOARD OF ADJUSTMENT, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MS DIANA DUNLOP, SAID UNEXPIRED TERM TO END JUNE 30, 1985. Councilman Damiano seconded the motion. Councilman Damiano read the following letter• "Dear Mayor Clarke: Due to circumstances of a promotion in my work, I with regret must resign my position on the Board of Adjustments and the Ordinance Rewrite Committee. ti REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 11 r I It has been nice working with all of you and I thank you for the opportunity to serve the City. Sincerely, Diana Dunlop C.P.O. Manager Valle Del Oro" VOTE: Unanimous The motion carried. Mr. John Schmidt accepted the appointment, and thanked the Council for their consideration. EXECUTIVE SESSION, WORK SESSION . JANUARY 3, 1983 ) Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JANUARY 3, 1984, AT 6:00 P.M., IN THE CITY COUNCIL CHAMBERS. ti Councilman Taylor seconded the motion. VOTE. Unanimous The motion carried. CALL TO THE PUBLIC Reverend William Deljslanche, 999 W. Broadway, Apache Junction, addressed the Council in complaint of the sewage disposal plant located on Broadway in Sierra Entrada. City Manager Mike McNulty explained that this plant is presently owned by a Canadian firm, who have a Certificate of Convenience and Necessity, and the City is assisting in transfering that Certificate to Arizona Public Service, which is being considered by the Arizona Corporation Commission on December 21, 1983. Vice Mayor Eidson expressed his concern for this problem, and stated that the Council would do all they can to solve it. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Taylor wished everyone a "Merry Christmas and a Happy New c- Year." "'=' Mayor Clarke reported on the Library Board meeting, and the progress of the Library. REQUESTS OF COUNCIL None. ,f REGULAR MEETING OF THE CITY COUNCIL ` DECEMBER 20, 1983 PAGE 12 ADJOURNMENT Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 8:46 P.M. Councilman Steelsmith seconded the motion. VOTE: Unanimous The motion carried. ACCEPTED THIS DAY OF , 1984, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. Wendell J. Clarke Mayor ATTEST: • l Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 PAGE 13 ROLL CALL VOTE SHEET NOTES • ITEM # MEETING OF 3 MOTION BY: SECONDED BY: Y NO ABSTAINED COUNCILMAN TAYLOR COUNCILMAN HILL COUNCILMAN SHANKS // VICE_MAYQR EIDSON COUNCILMAN DAMIANO v _COUNCILMAN STEELSM I Th _MAYOR_CLARKF UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL • ITEM NO . 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED . BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A : PROPOSED ORDINANCE NO . 197 , BUILDING CODE ( SECOND READING ) , B : PROPOSED ORDINANCE NO . 244 , AMENDING CITY CODE - VACATION LEAVE POLICY ( SECOND READING ) , AND C : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF DECEMBER 20 , 1983 , BE ACCEPTED AS PRESENTED . PUBLIC HEARING 1. THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 188 , PZ-15-83 THE APPLICANT IS LEIGH 2. WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION. 3. IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME . 4. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 . IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6. CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS . 7. ANY REBUTTAL CIF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A, APPLICANT B. IN FAVOR C . OPPOSED rVh_ AC� ✓G z 'gPiZ'o it y v ipache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT APIPtrNovember 1 , 1983 � far Age i-2- \ First Reading / Lal,' ' , Second Reading AU' _ `> MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL .Public Hearing Old Business ��� THROUGH: BILL MCDANIEL , ACTING CITY MANAGER New Business Consent Agenda FROM: JOE GERO, DIRECTOR OF PLANNING SUBJECT: REQUEST FOR AGENDA ITEM PZ-15-83 (PROPOSED ORDINANCE NO. 188) DECEMBER 6, 1983 - PUBLIC HEARING AND FIRST READING DECEMBER 20, 1983 - SECOND READING AND CONSIDERATION General Information Proposed Ordinance No. 188 Rezoning Case No. PZ-15-83 Rezoning Request: GR General Rural to Trailer Homesite Zone (TH) Applicant: Ted Leigh Power of Attorney: Saldana to Leigh Date of Application: March 1 , 1983 Date of Advertisement: March 27, 1983, May 22, 1983 and November 19, 1983 Planning and Zoning Commission Meeting Date: April 12, 1983 and May 10, 1983 Area: Net 74,250 square feet = 1.70 acres General Plan: Medium/High Density Opportunity Area Background At the June 21 , 1983, City Council meeting this case was tabled. At the July 5, 1983 meeting the tabled item was not taken from the table and acted upon thereby killing consideration. In addition, as stated in his letter, he has been informed by Farmer's Home Administration that they will not release the area for quit-claim need- ed for public right-of-way. He is asking that his portion of the rezoning application be dropped from consideration to allow the adjacent owner to proceed. The ordinance has been amended as per his request. In that this is a reduction in area of the original application, this need not be re- turned for this reason to the Planning and Zoning Commission. 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 THE HONORABLE MAYC — 1ND CITY COUNCIL REQUEST FOR AGENDA .TEM - PZ-15-83 NOVEMBER 1 , 1983 PAGE TWO Application Requirements Number of Property Owners 16 Number of Exempt Properties 1 Number of Affected Owners 15 Number of Signatures 11 or 68.8% Signatures by Affected Area 66.8% Development Coordinating Committee Comments (DCC) No objection to the rezoning noting that the area is in a medium density/ high density opportunity area. Applicant is requested to dedicate rights-of-way in accordance with the City' s street plan. Planning and Zoning Commission Recommendation After public hearing , the Commission at their May 10, 1983 , meeting voted 7-0-1 (M/S Polomskey/Taylor) to approve the following motion: "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona , that in rezoning case PZ-15-83, also known as Proposed Ordinance No. 188, application of Ted Leigh for his property described as , a matter of public record, requesting rezoning from GR General Rural to Trailer Homesite Zone (TH) that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: 1. Applicant quit-claim to the City of Apache Junction the west and east thirty-three (33' ) feet and the north forty (40' ) feet of the subject property for public right-of-way and associated purposes. The reasons for the recommendation are: 1. The request complies with the 'Apache Junction, Arizona , General Plan. ' 2. The request is compatible with surrounding uses." Recommended Motion See Attached JWG:jl — _ --...--- 14 • oak. Adobk :1 • 2•17_II:rj C.,-";72_ ''. :`I] ....-''' V ,v1.41•1 t- _. - - ---- . r"--..' T • , r,n -) , if i..,•1--).- I 1-'i 4 -i. ,- ',... --•.0 ., -' , _, 4-1 -, ,)--•,..3 _ __g • ' ' -- •e"; •::::-.J:„.1.1,„i(if .1 C3 Z.!..-aa"'r-nr, 2.-Z,i VAIli - - _ - 01■1111b, ...' .,5 rr-7- -- J 7-- /r ,. ., >• /, 2 icf,:z5L "To geE.20 A)z._ i ,---- _ iry iti ec CAL- O-C' /I z_ -74- /<£_ ZDA)E_O . /,?e /4-009:7//0-: “-,,4 Z. A-) 0-r ,44k)l- 7)2E- - _ IA 72,2t A-P2. c_-r-- / ,=(7 -- .... /gee LL ,€t A 1_-4:5 /0 - --- /J _ t I- i_5' /:-/Ai /.10..../.47 4, ,-72, -221-f!---/ 7 • . . I - C•-•/ .-' .. _..... _ _ . .,...a. ._ ;.,,,,......_ ) • .__ - , ---i J110 _ .. _ _ -- - _ _ ___ ORDINANCE NO. 188 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, • PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-15-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as: The North + of the North i of the Northeast ; of the Northwest ; of the Southwest $ of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, EXCEPT the west 330' feet thereof, be and hereby is amended by changing the zoning district classification from GR General Rural to Trailer Homesite Zone (TH) SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, 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. SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000 00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE • r.a JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke • Mayor ATTEST. Kathleen Connelly City Clerk :. . APPROVED AS TO FORM da F. Alexander/ City Attorney • PZ-15-83 PROPOSED ORDINANCE NO. 188 REQUESTED REZONING FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) ._. - ----------- ---- -- ---T I II t1 1 11 1 I GR 1 - I TF/PD 11 I I II - II immil t1 TH II GR Y I MI II I _ _ I I I GR II I 11I ------ _.-I II --I I - I J �y W. TEPEE STREET i 1 I I I 1 t I GR 1 I I 1 I 1 I GR wl I I 1 LJ.' J cc1 I W. SHIPROCK STREET QI GR I ----- w — Q I >1 -� q oI I 1 - 01 .1/ qI zI -I GR }I o I -I I wI I I Q + ' r.� 4- am. 4% ; x;-V -,I m Q1 'CR I = -I >1 II- -- IIIIII z1 - 1 z 1 1 1 1 I 1 W. ROUNDUP STREET 1 ' LIMITS OF ZONING N j SUBJECT SITE SCALE: 1" = 300' Amok • RECOMMENDED MOTION ORDINANCE NO. 188 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-15-83 application of Ted Leigh ALSO KNOWN AS ORDINANCE NO. 188 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-15-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS = PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. The applicant quit-claim to the City of Apache Junction the east thirty-three (33') feet and the north forty (40') feet of the subject property for public roadway and associated purposes. • BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons. If this is the case, you will have to read those specific reasons ) c. (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) ITEM NO . 3 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 188 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 196 , AN-2-83 THE APPLICANT IS CENTRAL PROPERTIES 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION, 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME , 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL CIF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B . IN FAVOR C . OPPOSED .... c,:\:\,)11.11N (p; P.CHE �' 3 ,e'''.54 -;;..;:^c:A.'.(1 (-\'\ \r--) "9R/Zo0' cOit y 4 &4pache 2unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 Approver for Agenda '�C Date , Item ,11 First Reading //v?-37 1 Second Reading MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL(--r 1Hearingpub?ic Hearing THROUGH: ,MICHAEL J. McNULTY, CITY MANAGER Old business New Eusiness FROM: 1 JOE GERO, DIRECTOR OF PLANNING Consent Agenda 1i PREPARED B - JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM AN-2-83 (PROPOSED ORDINANCE NO. 196) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Annexation Case No. AN-2-83 (Proposed Ordinance No. 196) is a request by the applicant Central Properties to annex their property to the City of Apache Junction. In the companion Planned Development case PZ-21-83, the applicant is proposing a 244-lot travel trailer resort. The site is a vacant 20-acre parcel located on the south side of West Southern Avenue between South Idaho and South Winchester Roads in Section 33. It is designated Medium Density and High Density on the General Plan. Surrounding land uses include vacant land, mobile homes, a trailer park, and multiple residences. Other Information and Application Requirements Power of Attorney: Seely, Dokouzian, Ruppert to Seely Date of Application: April 12, 1983 Date Application Determined Complete: November 17, 1983 Date of Advertisement: November 26, 1983 Planning and Zoning Commission Meeting Date: December 13, 1983 Number of Property Owners 4 Number of Signatures 4=100% 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item AN-2-83 (Proposed Ordinance No. 196) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the annexation noting that it would be consistent with the General Plan. The proposed density would be 24.4 persons per acre which would comply with the General Plan. The companion preliminary plat (SD-12-83) would be considered by the Subdivision Committee if the annexation and rezoning are approved. The DCC does recommend stipulating that the annexation be approved in conjunction with, but prior to the approval of the companion rezoning case PZ-21-83. The DCC has determined that the annexation requirements outlined in A.R.S. 9-471 have been complied with. Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Polomskey/Sansoni 6-0-1 .) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in annexation case AN-2-83, also known as Proposed Ordinance No. 196, application of Central Properties for their property described as, a matter of public record, requesting annexation of a 20-acre parcel on the south side of West Southern Avenue between South Idaho and South Winchester Roads in Section 33, that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: The annexation be approved in conjunction with, but prior to the approval of the companion rezoning case PZ-21-83. The reason for the recommendation is: The request is in compliance with A.R.S. 9-471 ." Recommended Motion See attached. JWG.JAN:mas ( PIN Alm kk. ORDINANCE NO 196 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, ARIZONA, INTO PINAL COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY PREVIOUSLY UNINCORPORATED AND CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION, ARIZONA; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. WHEREAS, in Annexation Case AN-2-83, a written petition has been presented to the Mayor and City Council members of the City of Apache Junction, Arizona, signed by the owners of more than one-half in value of the real and personal property in the area proposed for annexation as would be subject to taxation by the City of Apache Junction, Arizona, in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the City of Apache Junction, Arizona, so as to embrace the same, and WHEREAS, the Mayor and City Council of the City of Apache Junction, Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the City of Apache Junction, Arizona, to include said territory, and WHEREAS, the Mayor and City Council of the City of Apache Junction, Arizona, find that Annexation Case AN-2-83 is consistent with the General Plan of the City of Apache Junction, Arizona NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the following described territory be, and the same hereby is, annexed to the City of Apache Junction, Arizona, and that the present corporate limits be, and the same hereby are, extended and increased to include the following described territory contiguous to the present City limits, to wit The North } of the Northwest 1 of the Northwest ; of Section 33, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, with a metes and bounds description of the above-described parcel as follows Beginning at the Northwest corner of Section 33, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, thence North 89° 59' 7" East, a distance of 1321 65 feet, along the North line of said Section 33 to the Northeast corner of the Northwest ; of the Northwest 1 of said Section 33, thence South 00° 04' 40" East, a distance of 659 50 feet to a point on the West line of the Northwest 1 of the Northwest 1 of said ` r Section 33, thence South 89° 59' 07" West, a distance of 1321 65 feet to a point on the West line of said Section 33, ._, r_ _ ,. thence North 00° 04' 40" West along the West line of said Section 33, a distance of 659 50 feet to the point of beginning SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, 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. Amok ORDINANCE NO. 196 PAGE TWO SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM: avi . A exan r City Attorney l /1 r AN-2-83 (Proposed Ordinance No 196) Superstition Palm Springs Unit 11 1 Villa i , C -2 2 ® �c 1 1-1 $1 I Till-1 ffi ... e0 Ill 11I1 1 1111 "'' °" ' " ��" — — 14 - 11 1 1 1 1 111 1 11 1 1 1 1 11 I _ Is UR Q = III II III l 11111 �� ri 1 1 1 I 1[l l I I l I I I I I I city . __r;,IIIIIII I IIII U. Sou ern've "'�--- - — — E Sou h ri ' - Cit // 3 liii! . . . . .. . . , , 1 1iaIII J 11 . RVP OIndicates Tax Parcel No 102-21- [�O Indicates Tax Parcel No. 102-05 Q q 400 Feet Indicates Area Proposed for Annexation { I .. RECOMMENDED MOTION ORDINANCE NO. 196 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ANNEXATION CASE AN-2-83 , application of Central Properties ALSO KNOWN AS ORDINANCE NO 196 , AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, ARIZONA, INTO PINAL COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY PREVIOUSLY UNINCORPORATED AND CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION, ARIZONA; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO ANNEXATION APPROVAL: The annexation be approved in conjunction with, but prior to the approval of the companion rezoning case PZ-21-83 BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference " b. (Council may wish to use only one of the Commission's reasons. If this is the case, you will have to read those specific reasons.) c (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) • ITEM NO . 4 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 196 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 199, PZ-21-83 THE APPLICANT IS CENTRAL PROPERTIES 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION , 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME , 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL CIF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B. IN FAVOR C . OPPOSED 6j ;0 U Z qR/ZONP `pity on (*ache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 � ?2 Approver for Agenda Date Item I First Reading r �lx 5 Second Reading — MEMORANDUM,O: THE HONORABLE MAYOR AND CITY COUNCIL ✓public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER Old Business 4V A New Business FROM: OJOE GERO, DIRECTOR OF PLANNING Consent Agenda PREPARED BYj JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-21-83 (PROPOSED ORDINANCE NO. 199) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-21 -83 (Proposed Ordinance No. 199) is a request by the applicants Central Properties to rezone their property from GR General Rural to Trailer Homesite by Planned Development (TH/PD) . The applicant is proposing a 244-lot travel trailer resort. The site is a vacant 20-acre parcel located on the _ south side of West Southern Avenue between South Idaho and South Winchester Roads in Section 33. It is designated Medium Density and High Density on the General Plan. Surrounding land uses include vacant land, mobile homes , and multiple residences. This property is currently in the unincorporated area of Pinal County and is being considered for annexation in case no. AN-2-83. Other Information and Application Requirements Power of Attorney: Seely, Dokouzian, Ruppert to Seely Date of Application: May 6, 1983 Date Application Determined Complete: November 17, 1983 Date of Advertisement: November 26, 1983 Planning and Zoning Commission Meeting Date: December 13, 1983 Number of Property Owners 13 Number of Exempt Properties 4 Number of Affected Owners 9 Number of Signatures 5=56% Signatures by Affected Area 70% 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(6021 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-21-83 (Proposed Ordinance No. 199) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be r• consistent with the Medium Density and High Density General Plan designation for the site. The companion preliminary plat (SD-12-83) will be considered by the Subdivision Committee if both the annexation and the Planned Development is approved. If a decision is made to recommend approval of the proposal , the Commission must find that this Planned Development complies with all six criteria as set forth in Section 33.09 of the Zoning Ordinance. Final plat approval will be required prior to final PD approval in order for the City to obtain dedicated roadways. The DCC does recommend stipulating annexation of the property to the City and that the requirements of the City Engineer and Building Official be satisfied prior to final PD approval . Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Taylor/Rogers 5-1-1 . ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-21-83, also know as Proposed Ordinance No. 199, application of Central Properties for their property described as, a matter of public record, requesing rezoning from GR General Rural to Trailer Homesite by Planned Development (TH/PD) , that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: 1 . The applicant dedicate the west fifty (50' ) feet, the north fifty (50' ) feet and the east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. 2. The rezoning be contingent upon approval of the annexation requested in case AN-2-83." The reasons for the recommendation are: 1 . The request does comply with all six criteria of Section 33.09 of the Zoning Ordinance. 2. The approval would not set a precedent since the current Planned Development Ordinance allows for fifteen percent (15%) incentive density increases. • ( 091144 A I\ ORDINANCE NO. 199 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT. SECTION I IN GENERAL 1 The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as The North of the Northwest A of the Northwest 4 of Section 33, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, with a metes and bounds description of the above-described parcel as follows: Beginning at the Northwest corner of Section 33, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, thence North 89° 59' 7" East, a distance of 1321.65 feet, • along the North line of said Section 33 to the Northeast corner of the Northwest k of the Northwest 4 of said Section 33, thence South 00° 04' 40" East, a distance of 659 50 feet to a point on the West line of the Northwest ; of the Northwest $ of said 4 Section 33, thence South 89° 59' 07" West, a distance of 1321.65 feet to a point on the West line of said Section 33, V . . thence North 00° 04' 40" West along the West line of said .; Section 33, a distance of 659.50 feet to the point of beginning. be and hereby is amended by changing the zoning district classification from GR General Rural to TH/PD Trailer Homesite by Planned Development 2. The approval of the zoning district classification incorporates, by reference, the preliminary approval of the Planned Development, including all materials and documents as submitted by the applicant, - • and the development of said property shall be in accordance with said Planned Development application conditions, provisions, and stipultations, and as provided in Article 33 of the Zoning Ordinance. The application includes the "Street Light Agreement," and, if - executed as part of this application, the "Agreement for Maintenance of Landscaping Within City Rights-of-Way." 3. Applicant shall install, at his expense, fire hydrants as per approved plans of the Apache Junction Fire District for this Planned Development. 4 Applicant shall install, at his expense, off-site street improvements as set forth on the Planned Development plans in compliance with design details approved by the Director of Public Works SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, 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 A \. ORDINANCE NO 199 PAGE TWO SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, "= shall be punished by a fine not to exceed $1,000 00 or imprisonment for a period not to exceed six (6) months, or by both such fine and �\ ( imprisonment Each day that a violation continues shall be a separate offense punishable as hereinabove described PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM rjX0j,u avid F Alexand r- City Attorney p p t a i ^ 1 I Ii PZ-21-83 (Proposed Ordinance No 199) j I i Superstition Palm Spirings Unit 11 Villa _ �. 1■I■■LiI 1u■■■11N. �I 2___ _ __ ,. .. 2 1- E, I�f■■■■L11111■■■11. . .-. - Ilifig-'11111111111.1111111111•1111111 -=--. -•.----- ..-. e uR v■■■LJI111■■ III 1 �:1 Sou ern v City ` 1■■■■L111L���■IIL _ E Sou`h ri P Cit '/f < 11111111111 j CP 1 u J • 5 II1I I To - 11111 RVP , -;.,.rya " 4 x 1 j OIndicates Tax Parcel No 102-21- 0 Indicates Tax Parcel No 102.05- �// q ¢00 Feet �� . Indicates Area Proposed for Requested Rezoning t from GR General Rural to TH/PD Trailer Homesite by -- Planned Development RECOMMENDED MOTION ORDINANCE NO. 199 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ._ ARIZONA, THAT IN ZONING CASE PZ-21-83 , application of Central Properties • C • ALSO KNOWN AS ORDINANCE NO 199 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL 1. The applicant dedicate the west fifty (50') feet, the north fifty (50') feet and the east thirty-three (33') feet of the subject property for public roadway and associated purposes. 2 The rezoning be contingent upon approval of the annexation )` requested in case AN-2-83. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: - OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons. If this is the case, you will have to read those specific reasons.) c. (Council may wish to use all new reasons or other reasons in addition to the above If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) • • ITEM NO . 5 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 199 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1. THIS IS THE PUBLIC HEARING FC k PROPOSED ORDINANCE NO. 221 , PZ-34-83 THE APPLICANT IS COMMISSION INITIATIVE 2. WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION . 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME . 4 . IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 . IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6. CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS . 7. ANY REBUTTAL ( IF CONTROVERSY - OR NEED - CHAIRMAN' S JUDGEMENT) A. APPLICANT B. IN FAVOR C . OPPOSED THE CA Fa RETAINING OUR DEMOCR. :C RIGHTS AS GUARANTEED BY THE STATE CONSTITUTION AND THE A.R.S. IN REFERENCE TO ALL FUTURE REZONING ACTIONS Excerpts from the Arizona State Constitution (verbatim) Article IV Legislation Department Sec 1 Legislative Authority (8) Local, city, town or county matters. Such incorporated cities, towns and counties may prescribe the manner of exercising said powers within the restrictions of general law. Excerpts from Arizona Revised Statutes (verbatim) A.R.S. Vol. 3 - Cities and Towns Art 9-462 Notes and Decisions #6 Validity of Ordinances, Protect the rights of the people . Art 9-462 Zoning ordinances; adoption limitations. Notes of Decisions #3 Construction of Ordinances. Zoning Ordinances being in derogation of common law property right, will be strictly construed and Era ambiguity decided in favor of property owners. Zoning Ordinances will not be declared unconstitutional unless clearly arbitrary and unreasonable. Notes of Decisions (A.R.S. ) Cities and Towns - 9-462.01 General Not 1 Arizona legislature has pre-empted field of zoning legislation setting forth guidelines for citi-3s. Note 13 - Presumptions, Validity of Ordinances. If zoning meets constitutional standards validity of the enactment will be presumed by the courts. Zoning enactments are cloaked with the presumption of validity. Note 16 - Where reasonableness of zoning ordinances is fairly debatable, trial and reviewing courts must uphold its validity. Note 40 - Review in General Zoning is legislative and court' s role or review is not to pass judgement upon wisdom of zoning decisions, but merely to scrutinize the act to determine that it meets constitutional standards and is clearly not arbitrary and unreasonable. I maintain that t" Arizona Revised Statutes -, stablishes guidelines and sets minimum requirements except as notes. Out P & Z Ordinance should strike a happy medium between the rights of Realtor/Developers and the citizens rights. Nowhere in the A.R.S. could I find where it states an incorporated area could not give more rights to the people than those established as minimums in the various articles and sections that apply to cities and towns. Provided these rights are not clearly abritrary and unreasonable. Therefore, I beseech you not take these rights the citizens of Apache Junction now have away from them. Let ' s maintain the democratic approach we now enjoy in all re-zoning cases. Therefore, in reference to the contemplated amendments to the Apache Junction P & Z Ordinance, reference case PZ 7"41- '' we recommend in order of preference one of the following courses of action: 1 . Word the amendment as stated in the updated A.R.S. except strike that portion that reads 150 feet and increase it to 300 feet and increase that portion as reads 75% or three quarters of the council to read unaminous and allow the rest of that portion to stand as is. 2. Word the amendment as stated in the updated A.R.S. except strike that portion that reads 150 feet and increase it to 300 feet. Allow the rest of that portion of the A.R.S. to stand as is. 3. Postpone these entire proceedings until a more definitive interpretation of the A.R.S. can be obtained fr an the State Attorney General. Mr. Chairman, are there any questions? I now ask the fine people present here tonight if they support me in this request? AY? George A. Baijo October 1983 ( " ON v-; 3 .�. ORDINANCE NO 199 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, IARIZONA, THAT SECTION I IN GENERAL ,,..4 , �;R- 1 The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as The North } of the Northwest 4 of the Northwest I of Section 33, " x Township 1 North, Range 8 East, Gila and Salt River Base and s s Meridian, Apache Junction, Pinal County, Arizona, with a metes `▪ " "` and bounds description of the above-described parcel as follows: _ -, * -ter r' <.:-:: Beginning at the Northwest corner of Section 33, Township 1 :ei North, Range 8 East, Gila and Salt River Base and Meridian, thence North 89° 59' 7" East, a distance of 1321 65 feet, 4-+ 'F" '"'' along the North line of said Section 33 to the Northeast corner of the Northwest * of the Northwest * of said Section 33, thence ;, i,:i5 „�,4. , South 00° 04' 40" East, a distance of 659 50 feet to a point on the West line of the Northwest a of the Northwest * of said Section 33, thence South 89° 59' 07" West, a distance of - t 1321.65 feet to a point on the West line of said Section 33, , ,a - thence North 00° 04' 40" West along the West line of said 4.7 Section 33, a distance of 659 50 feet to the point of �,. .,--,. . beginning Ibe and hereby is amended by changing the zoning district classification from GR General Rural to TH/PD Trailer Homesite by Planned Development. 2 The approval of the zoning district classification incorporates, by 4' reference, the preliminary approval of the Planned Development, :, including all materials and documents as submitted by the applicant, and the development of said property shall be in accordance with 4' -i 4' said Planned Development application conditions, provisions, and * x stipultations, and as provided in Article 33 of the Zoning Ordinance. rt7 '• The application includes the "Street Light Agreement," and, if ° e,� executed as part of this application, the "Agreement for Maintenance Sri^ , of Landscaping Within City Rights-of-Way." 3 Applicant shall install, at his expense, fire hydrants as per approved plans of the Apache Junction Fire District for this Planned Development. • ' Z. 4. Applicant shall install, at his expense, off-site street improvements • s i as set forth on the Planned Development plans in compliance with design -74 details approved by the Director of Public Works - � SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or portion of this" ^ Y � 3� Y Ordinance, or any part of the code adopted herein by reference is, for sr * any reason, held to be invalid or unconstitutional by the decision of any =' v court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof ORDINANCE NO 199 PAGE TWO SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM I � 1 David F Alexander' City Attorney ! ^ 1 1 PZ-21-83 (Proposed Ordinance No 199) u.1, Y+y}k -T' II il 1 Superstition Palm Springs Unit 11 3 Villa 1 -2 ,2 ® T e1 I �-i I I I �T TTT11 1 � �� a) tiii1IiIII I Il 1 �� I I I 4 s = 11111i I1I I1I I1 IIII[ lI il1 lI lI l l_ , R �� . 1 1 I I I!I I II I I I I 11 1 'City I II. Soutern ve __— — E Sou h ri Cit . 11111111 CP-1 4 Ill/f411401/ •i T L !11111 I 11 ME RVP 1 a 0 Indicates Tax Parcel No 102-21- O Indicates Tax Parcel No 102-05- L � i J q g00 Feet jIndicates Area Proposed for Requested Rezoning t / from GR General Rural to TH/PD Trailer Homesite by Planned Development. • I RECOMMENDED MOTION ORDINANCE NO 199 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-21-83 , application of Central Properties ALSO KNOWN AS ORDINANCE NO. 199 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. 1 The applicant dedicate the west fifty (50') feet, the north fifty (50') feet and the east thirty-three (33') feet of the subject property -a-, - for public roadway and associated purposes 2. The rezoning be contingent upon approval of the annexation 1\ requested in case AN-2-83 BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: OPTIONAL CHOICES a "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons If this is the case, you will have to read those specific reasons ) c. (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk ) L ,_.. AIM • • • • • si - ' �'w•. .idtPr ..,,G..ca.h, >,r:trtsi-;+r<wi-3 r -" '. �i�'" _ �_ `g„". _ _ • r ITEM NO . 5 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 199 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FC: PROPOSED ORDINANCE NO. 221 , PZ-34-83 THE APPLICANT IS COMMISSION INITIATIVE 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION, 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME , 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL CIF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B. IN FAVOR C . OPPOSED k PQACilt 4 O l'n� :10 /144, U p ...\75 z ... :::._ _,-,:-. 'IRizoNPP Vitt' 4 04pacheunction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: 11 MICHAEL J. McNULTY, CITY MANAGER FROM: \JOE GERO, DIRECTOR OF PLANNING PREPARED BY JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-34-83 (PROPOSED ORDINANCE NO. 221 ) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION At the September 13, 1983 Commission meeting, a Commission Initiative was authorized for Proposed Ordinance No. 221 . A public hearing was set for September 27, 1983 after which this item was tabled to October 11 , 1983 when it was once again tabled until the meeting of October 25, 1983 at which time it was postponed to the meeting of November 22, 1983. At the November 22, 1983 meeting, it was decided to readvertise this case for the December 13, 1983 meeting because of a technicality regarding the tabling of an item. The case had been brought before the Commission originally because it had been brought to the City' s attention that the unanimous consent provision in Section 2807 of the Zoning Ordinance is a County provision and that a different provision exists for cities in the Arizona Revised Statutes (Section 9-462.04, 6) . A number of persons had indicated a desire to see the Zoning Ordinance amended to correspond with this provision. An opinion on the language used in the Statute was rendered by the City Attorney on October 10, 1983 and has been made part of this packet. Approver for Agenda_ 4!_, Pate Item # First Reading 3/<�� (? Second Reading ✓Public Hearing Old Business New Business Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-34-83 (Proposed Ordinance No. 221 ) December 14, 1983 Page Two Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of -- December 13, 1983, after public hearing, voted to approve the following motion: (Taylor/Conway 4-3-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that Proposed Ordinance No. 221 , 'AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING 'THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II , LAND DEVELOPMENT CODE, CHAPTER 1 , ZONING ORDINANCE, ' BY AMENDING 'SECTION 2807 CITY COUNCIL'S ACTION, ' BY DELETING THE PROVISION REQUIRING A UNANIMOUS CONSENT WHEN THERE IS TWENTY (20%) PERCENT PROTEST AND SUBSTITUTING THE PROTEST PROVISION AS APPEARS IN SUBSECTION G, A.R.S. 9-462.04, ' PUBLIC HEARING REQUIRED' ; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, ' be recommended to the Apache Junction City Council for denial . The reasons for the recommendation are: We feel this would diminish the property rights of the neighboring properties in the area to be rezoned." Recommended Motion See attached. JWG:JAN:mas PQ p.CHE do2 O Cam, z _ ._ Office of City Attorney k� C .y Al P/ZOt•1P `pity et 94pache cOunction October 10 ,1983 Mr. Joe Gero City of Apache Junction 1001 North Idaho Road Apache Junction, Arizona 85220 Dear Mr. Gero: In response to your question submitted September 28 ,1983 , and our subsequent conversations , the following opinion is rendered. QUESTION NO. 1 : Is the language in A.R.S. §9-462 .04 G minimum language, and there- fore can the City expand the requirements , or is the provision an explicit provision? ANSWER: A.R.S. §9-462. 04 G states : "If the owners of twenty per cent or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side there- of extending one hundred and fifty feet therefrom, or of Ad.bk those directly opposite thereto extending one hundred and fifty feet from the street frontage of the opposite lots , file a protest in writing against a proposed amend- ment, it shall not become effective except by the favor- able vote of three-fourths of all members of the govern- ing body of the municipality. If any members of the governing body are unable to vote on such a question be- cause of a conflict of interest, then the required number of votes for passage of the question shall be three- fourths of the remaining membership of the governing body, provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established governing body. This provision is part of the States zoning enabling legislation that mandates the extraordinary voting requirements which become effective when sufficient numbers of owners adjacent to property 275 N PLAZA DR DRAWER L • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602) 982-8230/982-9070 Letter to Joe Gero of October 10 ,1983 ( for which rezoning is sought file written protests . "Zoning is �.„, a matter largely governed by ordinances under state enabling acts with which the ordinances must conform" (McQuillen, Municipal Corporations , Vol. 6 , §21 .36 at 259) . Therefore, the City may not vary the enumerated percentage figures , distance figures , or governing board voting specifications which are contained in the state statute. However, the state statute is silent as to the procedure to be followed by protestors. The City, therefore , may prescribe procedures to effectuate the enabling legislation' s directions . For instance, the City may prescribe certain forms • be used, or that the signatures on the forms be acknowledged, or that the protest forms be filed in a certain manner or by a cer- tain date. r ESPECTFULLY SUBMITTE , 4( ( — DA ( itorney Cit of Apache unction Page Two ! ^ �► ORDINANCE NO 221 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE," BY AMENDING "SECTION 2807 CITY COUNCIL'S ACTION," BY DELETING THE PROVISION REQUIRING A UNANIMOUS CONSENT WHEN THERE IS TWENTY (20%) PERCENT PROTEST AND SUBSTITUTING THE PROTEST PROVISION AS APPEARS IN SUBSECTION G, ARS §9-462 04, "PUBLIC HEARING REQUIRED", REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL The "Code of the City of Apache Junction, Arizona, Volume II, Land Development Code, Chapter 1, Zoning Ordinance," shall be amended by amending "Section 2807 City Council 's Action" to read as follows Section 2807 City Council 's Action Upon receipt of the Planning and Zoning Commission's written recommendation, the City Council shall hold a public hearing thereon, provided notice of the time and place of the hearing has been published in the manner provided by the Arizona Revised Statutes. Following the public hearing, the City Council may consider the proposed change in a manner provided for adoption of an ordinance If the owners of twenty (20%) percent or more, either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred and fifty (150') - _ feet therefrom, or of those directly opposite thereto extending one hundred and fifty (150') feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, ( it shall not become effective except by the favorable vote of three- fourths of all members of the governing body of the municipality. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the governing body, provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established governing body SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, 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. SECTION VI PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 ORDINANCE NO 221 PAGE TWO Wendell J Clarke x -, Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM Davi A xander City torney /1141 RECOMMENDED MOTION ORDINANCE NO 221 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-34-83 , an amendment to "Section 2807 City Council's Action" of the Zoning Ordinance ALSO KNOWN AS ORDINANCE NO 221 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE," BY AMENDING "SECTION 2807 CITY COUNCIL'S ACTION," BY DELETING THE PROVISION REQUIRING A UNANIMOUS CONSENT WHEN THERE IS TWENTY (20%) PERCENT PROTEST AND SUBSTITUTING THE PROTEST PROVISION AS APPEARS IN SUBSECTION G, ARS 9-462 04, "PUBLIC HEARING REQUIRED", REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons. If this is the case, you will have to read those specific reasons ) c (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) • • • • • ITEM NO . 6 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 221 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 226, PZ-39-83 THE APPLICANT IS CURTIS, ROSS, AND WEATHERBY 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION, 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME . 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL ( IF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B . IN FAVOR C . OPPOSED eTI),;0 z -41R/ZONP its °t &ipache cOunction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: C; 4,1MICHAEL J . McNULTY, CITY MANAGER FROM: JOE GERO, DIRECTOR OF PLANNING PREPARED BY: � JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-39-83 (PROPOSED ORDINANCE NO. 226) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-39-83 (Proposed Ordinance No. 226) is a request by applicants Curtis and Lila Ross, and Lewis Weatherby to rezone their property from GR General Rural to CB-1 Local Business. The site is a developed 20,160 square foot parcel located on the south side of West Superstition Boulevard between North Saguaro and North Ironwood Drives in Section 19. It is designated Local Commercial Opportunity on the General Plan. Surrounding land uses include a mini-storage operation to the north, vacant land to the west, and a mobile home to the east. Other Information and Application Requirements Power of Attorney: Ross and Weatherby to Sullivan Date of Application: November 9, 1983 The Commission on November 8, 1983, authorized a Commission Initiative for this request, therefore, no signatures were required. //� Approver for Agenda f_ 1pa / Item # First Reading J r' Second Reading Public Hearing Old Business New Business Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-39-83 (Proposed Ordinance No. 226) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be �.. consistent with the Local Commercial Opportunity General Plan designation for the site. The DCC does recommend stipulating the dedication of the north seventeen (17' ) feet of the subject property for public roadway and associated purposes. Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Polomskey/Rogers 6-1-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-39-83, also known as Proposed Ordinance No. 226, application of Curtis and Lila Ross, and Lewis Weatherby for their property described as, a matter of public record, requesting rezoning from GR General Rural to CB-1 Local Business Zone, that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: The applicant dedicate the north seventeen (17' ) feet of the subject property for public roadway and associated purposes. The reasons for the recommendation are: .-. The request conforms to the General Plan designation of local commercial ." Recommended Motion See attached. JWG:JAN:mas Ir ORDINANCE NO. 226 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-83 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, �"► ARIZONA THAT ISECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as: • The East 120 feet of Lot 29, Block 3, Newtown Subdivision, Section 19, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from GR General Rural to CB-1 Local Business Zone SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY ti - 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 i court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000 00 or imprisonment for - a period not to exceed six (6) months, or by both such fine and - - - imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J. Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM Da i F Alexander• City Attorney • PZ-39-83 PROPOSED ORDINANCE NO, 226 c .. z. PROPOSED REZONING FROM GENERAL RURAL (GR) TO LOCAL COMMERCIAL (CB-1)IAm. GREA EWOOD ST. y . . . . 7, 8 0 , , _. ... _ . . .. _ ,_._.. .. _ .. .... • .... • • . ..., , _,. . TH GR 35 4:) 41p ' GR CB-2/P.D. may GR„ a W. SUPERSTITION BLVD. c 19 I 57 � � 0 ® F --�c 1 _J 82 I 1 i I 0 I I z 1 I 1 18 I 55 GR 54 i 87 88 81 /"k ICI I 89 GR 17 GR I 0 B Q { I Q 90 16 i 52 51 a C.) � I 9 8:::;sr) � . ,:- Oj - ga If ` lIZZ O — COUNTY ASSESSOR'S PARCEL NO. 101-02— O — COUNTY ASSESSOR'S PARCEL NO. 100-35 N SCALE - 1" = 200' - SUBJECT SITE i� I - LIMITS OF ZONING 1 —J RECOMMENDED MOTION ORDINANCE NO. 226 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-39-83 application of Curtis and Lila Ross, and Lewis Weatherby ALSO KNOWN AS ORDINANCE NO. 226 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-83 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. AFT" The applicant dedicate the north seventeen (17') of the subject property for public roadway and associated purposes BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE. OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons If this is the case, you will have to read those specific reasons.) c. (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) ,0111,0 • • ITEM NO . 7 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 226 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 227, PZ-40-83 THE APPLICANT IS PAULSON 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION, 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME , 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL ( IF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B. IN FAVOR C , OPPOSED os.cHE✓G o i .N.. n� \...4j ":-N,� `pit an Cpache �unctian • zo DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 MEMORANDUM _ 0: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: L. MICHAEL J. McNULTY, CITY MANAGER FROM: , JOE GERO, DIRECTOR OF PLANNING PREPARED BY: ty JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-40-83 (PROPOSED ORDINANCE NO. 227) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-40-83 (Proposed Ordinance No. 227) is a request by the applicant Ruth Paulson to rezone her property from GR General Rural to Trailer Homesite Zone (TH) . The site is a developed .57 acre parcel located at the northwest corner of North Ocotillo Drive and West Virginia Street in Section 19. It is designated Medium/High Density Opportunity on the General Plan. Surrounding m land uses include mobile homes, a trailer park, and a house. Other Information and Application Requirements Power of Attorney: Paulson to George and Clark Date of Application: October 4, 1983 Date Application Determined Complete: November 10, 1983 Date of Advertisement: November 26, 1983 Planning and Zoning Commission Meeting Date: December 13, 1983 Number of Property Owners 24 Number of Exempt Properties 0 / , Number of Affected Owners 24 Approver for Agenda (_L. Number of Signatures 15.8=65.8% gat item Si Signatures by Affected Area 54% First Reading 1/ �� Second Reading ‘V Pub+ic Hearing Old Business New Business Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 r � The Honorable Mayor and City Council Request for Agenda Item PZ-40-83 (Proposed Ordinance No. 227) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be consistent with the Medium/High Density Opportunity General Plan designation for the site. Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Vehon/Polomskey 7-0-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-40-83, also known as Proposed Ordinance No. 227, application of Ruth Paulson, for her property described as, a matter of public record, requesting rezoning from GR General Rural to Trailer Homesite Zone (TH) , that the Commission recommends to the Apache Junction City Council the approval of said application. The reasons for the recommendation are: 1 . These lots would be compatible with other TH lots in the area. 2. The request is in compliance with the General Plan designation of Medium/High Density in the area." Recommended Motion See attached. JWG:JAN:mas ( el% Amb. ORDINANCE NO 227 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-40-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as. The east 125 feet of Lot forty (40) and forty-one (41) Cayton Subdivision, a subdivision of Pinal County, as per map or plat in the office of the County Recorder of Pinal County, Arizona, in Book 5 of Maps, Page 21, be and hereby is amended by changing the zoning district classification from GR General Rural to Trailer Homesite Zone (TH) SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, 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. - SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment Each day that a violation continues shall be a separate offense punishable as hereinabove described PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 • .-.. .. ,. " Wendell J. Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM. Davi F Al xandera City Attorney - i P7-40-83 (HAUS/PAULSON) PROPOSED ORDINANCE No. 227 PROPOSED REZONE FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) a • A�F 1 i O 1 55 TH I 50' i 1- -------' 14 - WEST OHIO STREET .. . .... .. ........ .._ ,... . . ., ... . . ... , . . _ ,. _, 53 .. S cp 50 .. . ___ ,. .. _ ,_..,. 49 ..... . . ... . . : .... . .... CD a 11 .;._... ...__,,„_._,..,.. ......,.... . ,. . .....: _.....:;......,, . .: ..... _.,.--,......,_„„..,...„.„......„,:.,„...,..;_t..,..,,,..,.c_.,,,,:,...,.. . _ .._ - ,_ CD >,-- . ..._ . • : . _ • _ . _,...„__,....,..,.,...,..„,,,,.*„..e.....,_,..„.......„.•.. -, ...,......,...:::,,....,__ _......-:„...i..-„..._.,..... .._.: ,.........,....;...,-. , . • . • GD 44B 0 �® Q 0 ( _1 10 I i 4C 44D 3B 0, .._o r / _._ .• . WEST VIRGINIA STREET CD _ I � 1 14140 39 0 7V � 42 O z 123122 1211 Q i I WEST TUFA STREET CC i. o /i 37 36 Q 1 l� o 1 CD 1 � TH i WEST BELMAR STREET 33 l CD .4-50' f O COUNTY ASSESSOR'S PARCEL NO. 101-03- N SCALE. 1" = 200' SUBJECT SITE In TRAILER HOMESITE (TH) ZONING 1._ 1 (REMAINDER - GR GENERAL RURAL) ..may ( "IN /1.** RECOMMENDED MOTION ORDINANCE NO. 227 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-40-83 , application of Ruth Paulson ALSO KNOWN AS ORDINANCE NO 227 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-40-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons. If this is the case, you will have to read those specific reasons ) c (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) • • 001116., • , • ITEM NO . 8 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 227 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 230 PZ-41-83 THE APPLICANT IS BURGESS 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION , 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME , 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL ( IF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B. IN FAVOR C. OPPOSED _ _ 9(/// PQ p.CHF✓G n..A ,... A\ 15 U � Z "IRizONP `Oily 4 (*ache 2unctian DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: `, MMICHAEL J. McNULTY, CITY MANAGER FROM: \Vii JOE GERO, DIRECTOR OF PLANNING PREPARED B • JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-41-83 (PROPOSED ORDINANCE NO. 230) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-41-83 (Proposed Ordinance No. 230) is a request by the applicant Jerry Burgess to rezone his property from GR General Rural to Trailer Homesite Zone (TH) . The site is a vacant 1 .25 acre parcel located on the north side of East 13th Avenue between South Solana Road and South Starr Road in Section 27. It is designated Medium/High Density Opportunity on the General Plan. Surrounding land uses include mobile homes and vacant land. Other Information and Application Requirements Power of Attorney: N/A Date of Application: October 11 , 1983 Date Application Determined Complete: November 17, 1983 Date of Advertisement: November 26, 1983 Planning and Zoning Commission Meeting Date: December 13, 1983 Number of Property Owners 16 Number of Exempt Properties 0 Approver for Agenda /='/'' Number of Affected Owners 16 Number of Signatures 8.5=53.1% 1 pale //// Item 0 Signatures by Affected Area 55.4% First Reading .>1-qN ccond Pead;ng .. .. Public Hearing ._.- Old Business - New Business - Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-41-83 (Proposed Ordinance No. 230) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be consistent with the Medium/High Density Opportunity General Plan designation for the site. The DCC does recommend stipulating the dedication of the west thirty-three (33' ) feet, the south thirty- three (33' ) feet, and the east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Taylor/Sansoni 7-0-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-41-83, also known as Proposed Ordinance No. 230, application of Jerry Burgess for his property described as, a matter of public record, requesting rezoning from GR General Rural to Trailer Homesite Zone (TH) , that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: The applicant dedicate the west thirty-three (33' ) feet, the south thirty-three (33' ) feet, and the east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. The reasons for the recommendation are: 1 . This request complies with the Apache Junction, Arizona General Plan. 2. The request is compatible with surrounding uses." Recommended Motion See attached. JWG:JAN:mas 1 ^ Ask ORDINANCE NO. 230 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-41-83 FROM GR GENERAL RURAL TO TRAILER ,. HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ^ ,.... ARIZONA THAT • [ SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as The South f of the Northeast $ of the Northeast of the Southwest < of the Northeast 4 of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from GR General Rural to Trailer Homesite Zone (TH). SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, 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. SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate - offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J. Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM Davi F Alexander City Attorney PZ-41-83 (PROPOSED ORDINANCE NO. 230) PROPOSED REZONE FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) iALL LOTS SHOWN HAVE GR-GENERAL RURAL ZONING 69 23 • 2A c 20 EAST 11TH AVENUE 26 B 28B G 9B CO EAST 12TH AVENUE Cj R 42 ' 40A 39B 36 39 1 40B 70 ¢ 38 off.-_ . o MAST 13TH AVENUE Q w U r CC = 46 ``;)= �8, 49A > 50B rail = r I 0 vi 49B It 59 58 57 .' 55 EAST 14TH AVENUE i , i i i a O TAX ASSESSOR'S PARCEL NUMBER 103-18- SUBJECT SITE N PREVIOUSLY ABANDONED ROADWAY SCALE: 1` = 200' RECOMMENDED MOTION ORDINANCE NO. 230 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-41-83 , application of Jerry Burgess ALSO KNOWN AS ORDINANCE NO. 230 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-41-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. The applicant dedicate the west thirty-three (33') feet, the south thirty-three (33') feet and the east thirty-three (33') feet of the subject property for public roadway and associated purposes BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: OPTIONAL CHOICES a. "Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only one of the Commission's reasons. If this is the case, you will have to read those specific reasons.) c. (Council may wish to use all new reasons or other reasons in addition to the above If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) • ITEM NO . 9 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 230 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1 , THIS IS A PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 250 AMENDMENT TO CITY CODE, CHAPTER 12 2, THIS AGENDA ITEM HAS BEEN BROUGHT TO OUR ATTENTION BY THE DEPARTMENT OF CIS-=€ARK C; /21e,,,L Lety 3, THE DIRECTOR MAY SPEAK REGARDING THIS ITEM AT THIS TIME, 4, ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 5, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PUBLIC . p,Qp.CHE✓ Oa. - $ h k t U Z W k '1�1zoNP (ily onpacke unction December 28, 1983 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER FROM: CITY CLERK ) 2 SUBJECT: AGENDA ITEMY - PROPOSED ORDINANCE NO. 250 On January 1, 1984, in accordance with State law, certain traffic violations become civil rather than criminal offenses. Amendments to Title 28 of the Arizona Revised Statutes now permit cities, such as Apache Junction, to provide civil penalties for local minor traffic ordinance violations that are presently considered to be misdemeanors. Proposed Ordinance No. 250 incorporates these permitted changes in the penalty section of the city code as well as the section pertaining to traffic violations. This ordinance has been written with the emergency clause since the new law becomes effective January 1, 1984. kmc Zje Approver for Agenda -- D t�j Item M First Reading �b Second Reading Public Hearing Old Business New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZOt:A 85220.0190 • TELEPHONE(602)982-8002 - l ORDINANCE NO 250 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 1 GENERAL, ARTICLE 1-8 PENALTY, CHAPTER 12 TRAFFIC, ARTICLE 12-1 ADMINISTRATION, SECTION 12-1-1, ARTICLE 12-2 TRAFFIC CONTROL, SECTION 12-2-2 AND 12-2-3, AND ARTICLE — 12-3 PARKING, SECTIONS 12-3-2, 12-3-5 AND 12-3-6 (A), REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL That Chapter 1 GENERAL, Article 1-8 PENALTY, be amended to read as follows ARTICLE 1-8 PENALTY A. Any person found guilty of violating any provisions of this code, except as otherwise provided in this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one-thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described B. Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 6, Articles 20 and 21, Arizona Revised Statutes and amendments thereto That Chapter 12 TRAFFIC, Article 12-1 ADMINISTRATION, Section 12-1-1 Duty of Police Department, be amended by adding a Subsection B to read as follows B Any peace officer or duly authorized agent of the City of Apache Junction may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any chapter of this code, and to serve a copy of the traffic complaint for any alleged civil or criminal violation of said articles. That Chapter 12 TRAFFIC, Article 12-2 TRAFFIC CONTROL, Section 12-2-2 Obedience to Traffic Regulations and Section 12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted, be amended to read as follows Section 12-2-2 Obedience to Traffic Regulations No person shall do any act forbidden or fail to perform any act required by this chapter No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer. Ordinance No. 250 Page One of Three l Section 12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted No person upon roller skates or riding any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk and, when crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians That Chapter 12 TRAFFIC, Article 12-3 PARKING, Section 12-3-2 Blocking Traffic, Section 12-3-5 Parking Vehicles on Sidewalk and Section 12-3-6 Abandoned Vehicles, Subsection A, be amended to read as follows Section 12-3-2 Blocking Traffic A. No person shall stop, stand or park any motor vehicle or other vehicle upon a street in the city in such manner or under such conditions as to leave available less than twenty feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual loading or unloading of passengers or, when necessary, in the observance of traffic signs or signals of a police officer. B No person shall park a motor vehicle or other vehicle within ,--4m4A4INIWOOA4*00t**-440000*004AII an alley or entrance to a private driveway except for the loading or unloading of materials, and not then unless such • loading or unloading can be accomplished without blocking r the alley to the free movement of vehicular traffic. [ Section 12-3-5 Parking Vehicles on Sidewalks No person shall park any vehicle, whether in usable condition or not, upon any sidewalk in the city nor shall a vehicle owner permit his vehicle to be parked upon any sidewalk in the city. Section 12-3-6 Abandoned Vehicles (Amending Subsection A Only) A. No person shall abandon any vehicle on public or private property. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase 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. Ordinance No 250 Page Two of Three SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become >.3 ;„ effective immediately, an emergency is hereby declared to exist and this ordinance shall become effective immediately upon passage and adoption +o. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1984. WENDELL J. CLARKE Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAVID F. ALEXANDER City Attorney Ordinance No 250 Page Three of Three Ink ITEM NO . 10 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 250 , BY TITLE ONLY FOR THE FIRST READING WITHOUT THE EMERGENCY CLAUSE . FIRST READING (Without the Emergency Clause) ROLL CALL VOTE SHEET NOTES VOs.), YS\I\ AI ITEM # MEETING OF 3 MOT I ON BY: SECONDED BY: Anr{A Y NO ABSTA I NED COME l MAN DWI ANO COUNCILMAN HILL COLINC ILrAN TAYLOR V . YICF MAYOR EIDSON ._COUNCILMAN. STFFLSMITH JV MAYOR CLARKE UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF Nril MOTION BY: felpj SECONDED BY: COUNCILMAN STEELSMITH Y NO ABSTAINED ► , . I COUNCILMAN HILL COUNC I LMAN TAYLOR COUNCILMAN DAMIANO Vi VI ICE MAYOR EILSON MAYOR CLARKE UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL - _ ITEM NO . 10 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 250 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE , AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous , the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 250 , BY TITLE ONLY WITH THE EMERGENCY CLAUSE . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 250 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 1 GENERAL , ARTICLE 1 -8 PENALTY ; CHAPTER 12 TRAFFIC , ARTICLE 12-1 ADMINISTRATION , SECTION 12-1 -1 ; ARTICLE 12-2 TRAFFIC CONTROL , SECTION 12-2-2 AND 12-2-3 ; AND ARTICLE 12-3 PARKING , SECTIONS 12-3-2 , 12-3-6 (A ) ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS APPROVED . FOR APPROVAL (First Reading with Emergency Clause) ITEM NO . 10 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 250 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE , AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous , the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 250 , BY TITLE ONLY WITH THE EMERGENCY CLAUSE . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 250 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 1 GENERAL , ARTICLE 1 -8 PENALTY ; CHAPTER 12 TRAFFIC , ARTICLE 12-1 ADMINISTRATION , SECTION 12-1 -1 ; ARTICLE 12-2 TRAFFIC CONTROL , SECTION 12-2-2 AND 12-2-3 ; AND ARTICLE 12-3 PARKING , SECTIONS 12-3-2 , 12-3-6 (A ) ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS DENIED . FOR DENIAL PQp,CHf ✓G yM 4'f!1 f 1:' SS U ii N Z f / t { AlPizONP `Wiry of ace unction December 30, 1983 MEMORANDUM TO: MAYOR AND CITY CIL THROUGH: CITY MANAGER FROM: " COMMUNITY SERVICES SUPERINTENDENT SUBJECT: ACCEPTANCE OF SWIMMING PROJECT On December 29, 1983, an inspection/walk through of project CS-83--1, titled Apache Junction Community Swimming Pool was made, and all work was found to be in accordance with plans and specifications. The final inspection was made by both City and School officials. With two contracts being awarded on this project, one for bathhouse construction and one for swimming pool construction, it is necessary that both portions be accepted by the City Council. It is recommended that the entire Swimming Pool Project be accepted, and that final payment be made to Robert DeBow, Jr. , Construction, Inc. , and Aqua Fab Supply Co. , Inc. Am. I'll be glad to discuss or answer any questions. rb Approver for Agenda pa� Item # ` First Reading / u/, Second Reading yOublic Hearing ld Business New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 ROLL CALL VOTE SHEET NOTES ITEf1 # MEETING OF MOTION BY: SECONDED BY: YE NO ABSTAINED VICE MAYOR FTDSON COUNCILMAN: STEELSMITH ,COUNCILMAN TAYLOR . COUNCILMAN Hill - AN \//): .COUNCILMAN DAMIANO MAYOR CLARKE UNANI 'OUS IN FAVOR OPPOSED ABSTAINED TOTAL ,01116. AIM*, • • er- 'iiy"tp- rcr i' ' -f -.. Fc`.,.de ' �.`_ >.,' r w -`rs.,�..av� .r z'^vm�-v+ -at<:t'> t "� -;�-e-s ?; s x, _ - • ITEM NO . 11 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE COMMUNITY SWIMMING POOL A.I*D(\ErA-T'H.-/H-13,LrVe BE ACCEPTED AS COMPLETED , AND THAT FINAL PAYMENT BE MADE TO O'Wj JR . f CIONSTRUCTION INE- \-�fV,D" AQUA FAB SUPPLY CO . , INC . ,.. y PCHE ✓G 4 gR120Np, • COits o� ace &unctzon December 27, 1983 MEMORANDUM TO: HONORABLE MAY!• AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER /� f 1 FROM: LIBRARIAN SUBJECT: VACANCY ON LIBRARY BOARD There has been a vacancy on the Library Board since December 1, 1983 when Mrs. Margaret Carlin's resignation became effective. There has been no regular meeting of the Library Board since that date. The December meeting was not held for lack of a quorum. For this reason there is no formal recommendation from the Board for filling this vacancy; however, a talent bank application has been submitted by Mr. Dwight Pierce. Approver for Agenda /fir' Pat ! Item 0 First Reading 1l&qY: 42_ Second Reading Public Hearing \ Old Business New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 .•.. p s .ti 0 ter- ! gC)ti'c ' cOZley 0� C4 czc}ie zrizclzon TALENT BANK APPLICATION FOR ,�►.6PO.I, . BOARDS OMMISSION/COM1ITTEE I f� I DATE: O 02C�/ ' S - NA. : 4 4/1 V`r .11).14 ?fcC e TELEPHONE: W Q-&`./ / 7 (ho�e _ (off_ ADDRESS: qaO S. soloq�rQ �, ZIP CODE: 4 '5oZa6 OCCUPATION: cODU n41 ac (if retired, please indicate former occupation or profession) EDUCATION: 6/1 PS C \01 `1 Ace OO f\4'bti 4Da s PCQ e PAE,Ccvrnl nC n,6)a. n /Uouem r• 1g0a PROFESSIONAL AND/OR CO:y1U2IITY ACTIVITIES: eLA rC \ 4°cceh�nc r1M 1--h rs • • ..�•.. • ADDITIONAL PERTINENT INFORMATION/REFERENCES: Alve4eew/ . 09)5j- 9)9) 2i oiS�ic' - er h c -� n ( gi8�l- ara��-�,�a�� �� Io� SAC e C�e�f�, �e / Q �erP�nee Cc��ltn �nc��rsov` ea" Loot - 98.)-7 f 1O NOTE: As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside within the corporate limits of the City of. Apache Junction and that I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. • (wiztic t"v `i ,t u� Revised 6/10/SI Sio:i.iture of .\pplica zt Ai. Aar Pee tG O ✓ :-_.:1: cN?- Oily a� C4pGLciie C1 a�nction TALENT BANK APPLICATION FOR L tB Are-r V QA1z0 BoARD/CII. = DATE: 1t- 28-83 • NA'.: %<EI•J SAt-I C14E2_ TELEPHONE: 9 8 2- 9 '52 (home) (offi ADDRESS: 22'7.5 L= SC0t-.Jt C S T ZIP CODE: 852Z0 OCCUPATION: 5Tj liC.-r JO AL >✓ .J C 1Z (if retired, please indicate former occupation or profession) EDUCATION: ?SCE • PROFESSIONAL AND/OR COMMUNITY ACTIVITIES: 'P ¢r Z Col.! Ad. ADDITIONAL PERTINENT INFORMATION/REFERENCES: FAN[ Loot . NOTE: As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests arc received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recomrends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside within the corporate limits of the City of Apache Junction and thzt I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. RECORD COPY Revised 6/19/S1 /0 / '0/ Si',;. it oc Applicant l36a' ..-- ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF rV MOTION BY: SECONDED BY: _,LCN(1° YES NO ABSTAINED COUNCILf',A1`, DAMIANO COUNCILMAN STEELSMITH V /ICE MAYOR EIDSON J COUNCILMAN TAYLOR COUNCILMAN! HILL 1/,MAYOR CLARKE UNAN MUS , IN FAVOR OPPOSED ABSTAINED \J/ TOTAL +p ITEM NO . 12 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT bUt) Ud t)1-�rCSc/ , BE APPOINTED TO THE LIBRARY BOARD TO FILL THE VACANCY �REATED BY THE RESIGNATION OF MS MARGARET CARLIN , SAID UNEXPIRED TERM TO END JUNE 30 , 1984 . PQp,CHE j p ;x it' a '1/ Z 'IRIZONO P c ity o 479acIe e unction DECEMBER 29, 1983 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU(y THROUGH: CITY MANAGER FROM: DIRECTOR OF PUBLIC WORKS i REGARDING: FEDERAL PATENTED EASEMENTS Recently, this department received a request to open Southern Avenue between Acacia and Starr Roads. The reason for the request was not access to property, but necessity for waterline installation. In checking with the local company, it was determined a roadway was not required for waterline installation; therefore, the requesting party was notified there was no need for the City to develop the roadway at this time. A few days later it was brought to our attention that the roadway was cut through. As the road was not developed to any standard, and appears more as a trail , we feel that the City should not be responsible for maintenance or any liability in these regards and suggest the placement of an appropriate sign. The road is located in an area subject to utilities and roadway purposes as described in the federal grants; however, there has been no dedication of said property. Considering the possibility of similar situations in the future, it is suggested a City policy be implemented as defined in the attached motion. Approv^r to Agenda (C L'6 -E Aate ttern tiFirst R} ding i� RWB:jw Second Reading Public Hearing Old Business l New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 i i� ..... ROLL CALL VOTE SHEET NOTES • ITEf1 # v\AviJiz./ MEETING OF i I 92/4 MOTION BY: SECONDED BY: jrrift- YE NO ABSTAINED COUNCILMAN TAYLOR COUNCILMAN HILL VICE_MAYOR EIDSON COUNCILMAN DAMIANO .////1 LCOUNCILMAN STEELSt1.IT. _AAYOR_CLARKF UNANI" US , IN FAVOR OPPOSED ABSTAINED TOTAL p • cis _ >s 1v _ r T a-u .•Z �3�. •3 ITEM NO . 13 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE CITY MANAGER DIRECT THE DEPARTMENT OF PUBLIC WORKS TO IMPLEMENT A POLICY FOR ROAD IMPROVEMENT AND MAINTENANCE , SUCH THAT WILL INCLUDE ONLY THOSE ROADWAYS NOW BEING MAINTAINED , THOSE ROADWAYS IMPROVED TO CITY STANDARDS , THOSE ROADWAYS DEDICATED TO THE CITY AND THOSE ROADWAYS AUTHORIZED BY THE CITY. ALL ROADWAYS NOT MEETING THESE CRITERIA MAY BE POSTED WITH A NOTICE STATING "THIS IS NOT A DEDICATED STREET AND IS NOT MAINTAINED BY THE CITY OF APACHE JUNCTION . " ROLL CALL VOTE SHEET NOTES ITEM # I1/, MEETING OF 115 L / MOTION BY: SECONDED BY: 4-e(r)fk Y/=S NO ABSTAINED COHNCI1 MAN I IMIAN0 V CnUNt I LMANJ HILL COHNC ILA TAYLOR J/ICF MAYOR EIDSON _COUNCILMAN. STEELSMITII MAYOR CLARKE UNANP US IN FAVOR OPPOSED ABSTAINED TOTAL • r' -v—+1-: s _ ANN - - ITEM NO . 14 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT A WORK SESSION BE HELD ON JANUARY 16 , 1984 , AT 7 : 00 P .M . , IN THE COMMUNITY SERVICES BUILDING . BE IT FURTHER RESOLVED THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JANUARY 17 , 1984 , AT 6 : 00 P .M. , IN THE CITY COUNCIL CHAMBERS . PQp,CH6✓ U , Z V qR '; { P `V it o v ac 4e function DECEMBER 22, 1983 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH. CITY MANAGER kV 4 C., :-/) FROM: DIRECTOR OF PUBLIC WORKS REGARDING. PW-83-3 IMPROVEMENTS TO I AHO ROAD AND U.S. HWY 60 (Agenda Item) Requests for bids for the improvements to the intersection of Idaho Road and U.S. Highway 60 was advertised and posted in accordance with City policy. As the bid opening is scheduled for 10.00 A.M. , on January 3, 1984, we cannot provide advance information as to the number of contractors submitting bids, or their cost proposals. However, because the Arizona Department of Transporta- tion has indicated they may begin actual construction on the traffic signals sometime in February, we wish to present this item to the Council so that action may be taken to allow Public Works to coordinate with the contractors to schedule and complete work in such a manner that the State will not be caused delay. Immediately after the bid opening, the bids will be tabulated and subsequently presented to the Council . Should you have any questions in this regard, please advise. i Approver for Agenda„---... a Item M /ZiSi 116_ First Reading Second Reading — _ Public Hearing Old Business RWB:sh ./New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 ... ... ROLL CALL VOTE SHEET NOTES ITEM # t LI/ ' D ;4/11L/ /3/0/ MEETING OF MOT I ON BY: SECONDED BY: 41-- Y S NO ABSTAINED COUNCILMAN STEELSMITN COUNCILMAN HILL ://// COUNCILMAN TAYLOR / . COUNCILMAN DAMIANO VICE MAYOR EIDSON MAYOR CLARKE UNANII US , IN FAVOR OPPOSED ABSTAINED TOTAL �c P^ H- ✓G ''IR/ZONP ity o pacheunction INTERSECTION IMPROVEMENTS PROJECT NO. PW-83-3 JANUARY 3 , 1984 Those Present: Kathleen Connelly, City Clerk Richard Broman, Director of Public Works Doug Dobson, Operations Supervisor Keith Lewis , Controller Lori Clark, Deputy City Clerk Representatives from each of the companies were present On December 19 , 1983 , through December 24 , 1983 , a public notice was published in the Mesa Tribune, inviting bid proposals for PW-83-3 , Improvements to the Intersection of Idaho Road and U. S. Highway 60. The written bids were to be submitted by 11 : 00 a.m. , on January 3 , 1984 , in compliance with bid specifications. The bids , were opened and read by City Clerk Kathleen Connelly, as follows : R.G. Johnson Contracting Inc. submitted required Surety Bond 414 S. Mill Avenue Suite 214 Alternate #1 : $49 ,538 . 00 Tempe, Arizona 85282 Alternate #2: 2 ,482.65 '" A.K. Rogers Co. (AKR Contracting) submitted required Surety Bond 7315 N. 67th Avenue Alternate #1 : 65 ,685 . 50 Glendale, Arizona 85301 Alternate #2: 2 ,775. 00 Nesbitt Contracting, Co. , Inc. submitted required Surety Bond P.O. Box 1269 Alternate #1 : 37 ,840. 00 Mesa, Arizona 85201 Alternate #2 : 2 ,5.8.0. 00 Rainbow International , Inc. submitted required Surety Bond 2004 W. Ironwood Alternate #1 : 66 ,090. 00 Phoenix, Arizona 85021 Alternate #2: 3 ,345 . 00 7461-&-x) -- Kathleen Connelly ity klerk - - lit)(3 ich rd Broman Doug Dobson Director of Public Works Operations Supervisor 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 r. • • �-- ITEM NO . 14b BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE PROPOSAL BY 11Ie: , Ihq �Y�L , , DATED JANUARY 3 , 1984 , IN THE AMOUNT OF $ 1 01 117 1)0 FOR THE CITY OF APACHE JUNCTION PUBLIC WORKS PROJECT NO . PW-83-3 , BE ACCEPTED AND THAT AUTHORIZATION BE GIVEN TO THE DIRECTOR OF PUBLIC WORKS THROUGH THE CITY MANAGER TO FINALIZE ARRANGEMENTS , IN ACCORDANCE WITH THE BID DOCUMENTS . PQACHE✓i O (l - ;� tI OU � ; z f i gRIZONQ ` ity 4 '71ucPe c 2unction Approver for Agenda ,'- DECEMBER 22, 1983 [date Item # First Reading /�i/ / //c Second Reading Public Hearing MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS Old Business OF THE CITY COUNCIL New Business Consent Agenda THROUGH: CITY MANAGER ici .. FROM: DIRECTOR OF PUBLIC SAFET w�� i DIRECTOR OF PUBLIC WORKS ' V4 REGARDING: INTERSECTION OF PHELPS DRIVE AND U.S. HWY 60 (Agenda Item) With the increase in the volume of traffic along U.S. Highway 60, there is a noticeable increase in the number of accidents at the above referenced location. Current records reveal two accidents in 1982, and six accidents in 1983. In making field observations, we believe the existing driveway access on the west side of Phelps Drive, immediately at the curb return, poses a potential hazard to local and transient traffic. Exhibit "A", attached, shows four potential situations that cause concern. We believe that eliminating this driveway approach and requiring motorists to use the alternative existing driveway access, approximately 135 feet south, will improve traffic safety. We further believe that the elimination of this driveway will pose no hardship on the businessmen as access is still provided from Phelps Drive and from U.S. Highway 60. The owner of the subject property has been contacted and observed the traffic condi- tions, and agrees to the potential hazard. At this time, the only inquiry has come from Mr. Joe Valarkis, owner of "Lucky Bob's Liquor" , who has expressed concern for his patronage, and that of other businesses to the west of him. The corrective measures being recommended at this time are to remove the exist- ing roll curb for approximately 135 feet, and replace it with 6 inch vertical curb and gutter. This modification will force motorists to access "Lucky Bob's" from Phelps Drive, south of the immediate intersection, thereby eliminating some of the various complex traffic movements at the intersection. Because of traffic safety concerns, the removal and replacement of curb has been included with the work for Idaho Road and Highway 60 which is scheduled to begin in January. 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 MEMO TO THE MAYOR AND CITY COUNCIL DECEMBER 22, 1983 PAGE TWO During the interim, it is suggested that other means be implemented, such as the installation of barricades or temporary posts, to prohibit access from the driveway location at the curb return on Phelps Drive. As Mr. Valarkis has expressed his objections to these measures, he will be advised when this item is to be placed on the Council agenda so that he may express his concerns directly to the Council . Should you have further questions in this regard, please contact the Director of Public Safety or the Director of Public Works. Attachment: Exhibit "A" RWB:sh l- . • ': -V •...'• • •„ • r , '...ft, • • •4•••.„, ••••• 4 • L • . , .* s:AM :• 1...* .. - - ., 't-. 1. _ . .).. -; • -t - t•- :- - - .0 • k •: '‘ ., _1 i , •\."' . -. '': -• . -- •.k - _ . - . . - • . .4- .........., Q....- ef . , • .... • .. ( .. - ,..; •1 k . , . - • _. ) _, - .. .... _ ... 39• . . . . • . _:,5,.. 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R e.�, C v;4c°: AMP o .. \ s , \ \ .10 \\ ‘ :ma \ us ..t. roS t.F C.t.;PF k' \ A 70 5-Q. �-- W ESTg ouN D (fleDPA, .> Me014/3 s • eAsr othOD \ I\ ((62)) � TRAFFIC \ \ \ csoe21 To ROLL CALL VOTE SHEET NOTESR `I � I � 4til ITEM # t1EETI�JG OF MOTION BY: SECONDED BY: Y NO ABSTAINED VICE MAYOR r � ► COUNC I LMAN, STEELSM I TH J COUNC ILM-AN TAYLOR J COUNCILMAN ,IOUNCILMAN DAMIANO MAYOR CLARKE UNAN I TOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 14c BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE CITY COUNCIL HEREBY AUTHORIZES THE DIRECTOR OF PUBLIC SAFETY AND THE DIRECTOR OF PUBLIC WORKS , THROUGH THE CITY MANAGER , TO TAKE APPROPRIATE ACTION BY IMPLEMENTING AND ENFORCING TEMPORARY MEASURES TO PROHIBIT THE ACCESS TO THE DRIVEWAY AT THE WEST SIDE OF PHELPS DRIVE AT U . S . HIGHWAY 60 AND TO FURTHER CAUSE THE REMOVAL AND REPLACEMENT OF CURB AS RECOMMENDED . PQACHF✓L Cr--- 1/t 9.4 U PiF1 "IR/ZON ' Vity o A -padre 2unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 15, 1983 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNC4L THROUGH: MICHAEL J. McNULTY, CITY MANAGER %1 FROM: `` ,1JOE GERO, DIRECTOR OF PLANNING PREPARED BY0 JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached please find a copy of the Planning and Zoning Commission Minutes of November 22, 1983. Please have the original Minutes placed in the "Minutes Book" in the City Clerk' s Office. JWG:JAN:mas 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 1 PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA NOVEMBER 22, 1983 _. 7:00 P.M " : _ ri, , , MINUTES Present Absent Guests Mr Polomskey Mr Sansoni Dennis Eardley M Seltzer ._ - Mr. Rogers Joe Morvak Wendell J Clar4 - Mr Taylor Thomas Damiano Mike Kovacs Mrs Conway Keith Stachar Mari Gardner Mr. Vehon Shirley Erickson Richard Ericksor Mr Sanchez, Chairman Dorothy Sanchez Bill Nicholson Mr Gero, Executive Secretary Terry Wilburn Kathy Wilburn Mr. Nakagawa, Staff Kyle Dugan, Press Mrs. Reid, Staff Carl Young, Press Mrs Samuelson, Recording Secretary G Synopsis .,4...- �• - Minutes dated November 8, 1983 - approved as amended SN-3-83 (Proposed Ordinance No. 235) - recommended for denial ^---22" 14 Proposed Amendments to "Apache Junction 2001 Apache Junction, Arizona, General Plan" Text and Map - recommended for approval with exception. MC-Z-83-140 (Jones/Allen)- recommended for approval - PZ-34-83 (Proposed Ordinance No 221) - staff directed to readvertise for public hearing. Public Hearing for second proposed amendment to Land Use Map - January 10, 1984 Work session date, time and place to be set b" Chairman with Pinal County Planning and Zoning Commission 1 Chairman after the Pledge of Allegiance was recited, asked the recording secretary to call the roll. 2 Mrs. Samuelson called the roll and determined that six membe, were present, with one absent, as noted above 3 Chairman noted there was a quorum and called the meeting to order He recognized the presence of Mayor Clarke and Councilman Damiano He then asked if there was any discussion on the Agenda, .Y 42- - there was none He then called for a motion - .-- >_: �- :�-•. - 4 Conway/Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, - - Arizona, that the Agenda dated November 22, 1983, be accepted as presented." The motion passed unanimously (6-0-0). 5 Chairman asked if there was any discussion on the Minutes dated November 8, 1983. s ari 1�x t_f- 6 Mr Taylor noted that on Page Four, Item #40, the wording �y. of the second sentence should be "for technical } •. : ordinance changes," instead of "to initiate : 1 zoning changes " ( I. /\ Page Two - Planning and Zoning Commission Minutes - November 22, 1983 7 Chairman asked if there were any other corrections, there were none. He then called for a motion 8 Taylor/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Minutes dated November 8, 1983, be approved as amended." The motion passed 5-0-1, with Mrs Conway abstaining. 9. Chairman opened the public hearing on SN-3-83, Proposed Ordinance No 235, Street Name Change from "West Twelfth Avenue" to "West Wells Fargo Avenue" in Section 29 He asked for staff briefing 10 Mr Gero briefed the Commission stating that the City Council had directed that the Commission consider a public hearing on the name change. He said that under the former case the Commission had recommended to the City Council that the street name be changed from "West Wells Fargo Avenue" to "West 12th Avenue " He showed the location of the alignment on the street map. He said that if other roads are built to fill the gaps, they will be on the 12th Avenue alignment and so named He referred to the addendum to the transmittal which gave the Development Coordinating Committee recommendation for a denial of the change He stated that the City has agreed to name streets according to the ASAP policy guide. He realized that it would be an inconvenience to the three people located on the Wells Fargo alignment, but stated that emergency services providers have stated they would function best if the alignment was named consistently - - 11. Chairman asked if there was anyone to speak in favor of this case 12 Shirley Erickson stated that it would be a great inconvenience to change her address as she has already done it once She added that there is only one house on 12th Avenue that would have to change and there are three on Wells Fargo. She said that the name of Wells Fargo was more suited to the west. 13. Mrs Conway commented on the problem emergency services would have with the alignment having two -r ' �+::• different names 14. Mrs. Erickson stated that there have never been any problems with the police or fire department finding them She added that she always gives directions. She commented that 12th Avenue also has a different name in Palm Springs. 15 Mr Gero said that the staff made no recommendations on changing the name in Palm Springs he said the names used there are one defined area between Winchester and Weekes Wash and not - found anywhere else in the City, and not a broken pattern. 16. Mrs. Erickson commented that there is also a break in 12th Avenue and that the alignment will not go straight. Page Three - Planning and Zoning Commission Minutes - November 22, 1983 17 Mr Rogers stated his concern about the future for new residents and emergency services 18 Mr Taylor commented that there should probably be one consecutive name for the entire alignment east to west 19 Mrs Conway asked if anyone else was opposed. 20. Mrs Erickson replied that the Bilkes' and Whitely's were "m\ also in favor but could not be present 1 tonight. 21 Mrs Conway noted that the maps will have to be changed. 22. Mr. Gero said that the maps will have to be changed either way 23. Chairman asked if there was anyone else to speak in - favor 24 Mari Gardner stated she lives off of Wells Fargo on Pinto and no one has any trouble finding the street 25 Chairman asked if anyone wished to speak in opposition, there was no one He then asked for staff recommendation. 26 Mr. Gero referred to the addendum to the transmittal -?`, stating that it was the unanimous consensus of the staff that they liked the sound of the `�'°'" name Wells Fargo, but they are looking at -,; the present and the future provision for emergency services. I 27 Mr Taylor asked if it was possible for the entire alignment from east to west. 28 Mr Gero commented that due to lack of staff time, a consultant had to write the legal description for this ordinance. 29 Chairman asked what the linear measurement was for the current Wells Fargo from the 12th Avenue alignment. 30. Mr. Gero replied there was about 135 feet to the south 31 Mrs Erickson commented that she had worked for the Census Bureau and had no trouble finding any streets She added that the mobile parks have street names and no one has any problem finding them > _ 32. Chairman stated that the issue should be continued - and readvertised for the entire alignment to be one name with all affected to come before the Commission at a public hearing He said there should not be three names for one alignment . 33 Mr Rogers asked if it would be a problem to put Wells s Fargo through. 34. Mr. Gero replied that if the Commission directs them to readvertise, staff time will have to be allocated to go to Final County to find addresses, and to prepare a mailing list for all property owners on 12th Avenue and Desert View. - „, r- -s / ink /Mk ,A;;, ,; a;. ., w'`_>x Page Four - Planning and Zoning Commission Minutes - November 22, 1983 35. Mrs. Erickson said she had driven down 12th Avenue and only one house faces the alignment. 36. Mrs. Conway noted that the City Council has given direction to give two alternatives, and that maybe they want to decide the issue. h 37. Richard Erickson stated that Mr Gero has been working closelyz _ with the trailer park people and if there was going to be a problem, it should have been taken care of in the original plan. He asked why it had not been brought up previously. He added that they had been approached to abandon the property. :, w 38 Mr. Gero commented that as a condition for City Council to approve the rezoning proposal , they condi- tinned that the dedicated public alley either be abandoned or continued on the east to the south He said the problem with the street names was pointed out to the developer, and the developer had by letter initialed the name change. Currently, the final plat has been filed and without a decision as to the street name, which appears on the plat. 39 Mr Erickson noted that Mr. Gero was correct ., 40. Chairman closed the public hearing and asked for Commission deliberation or a motion. 41. Mr Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, -�i • -:- t... Arizona, that Ordinance No 235, 'AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING 'SECTION 13-2-5 ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES,' BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED, 'OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA,' BY CHANGING THAT CERTAIN STREET NAME FROM 'WEST TWELFTH AVENUE' TO 'WEST WELLS FARGO AVENUE' BETWEEN 'SOUTH IRONWOOD DRIVE' AND 'SOUTH BUENA VISTA DRIVE'; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES,' between Meridian Road and easterly to the City limits of Apache Junction be considered to be changed to Wells Fargo Avenue thus bringing this alignment in line with our street policy map, that this be advertised for 7.00 p m , in these Chambers „q_ .,r on January 10, 1984." The motion died for lack of a second 42 Chairman called for a motion 4t' 43. Polomskey/Rogers M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that Ordinance No 235, 'AN ORDINANCE . OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING 7 , .$, ,ti cs _ 'SECTION 13-2-5 ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES,' BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED, 'OFFICIAL ' ''':.:.1.. ' ' ' ' STREET NAMING MAP OF APACHE JUNCTION, ARIZONA,' BY CHANGING THAT CERTAIN STREET NAME FROM 'WEST TWELFTH AVENUE' TO 'WEST WELLS FARGO AVENUE' BETWEEN 'SOUTH IRONWOOD DRIVE' AND 'SOUTH BUENA DRIVE', REPEALING ANY CONFLICTING PRO- VISIONS; PROVIDING FOR SEVERABILITY; AND �4. PROVIDING PENALTIES,' be recommended to the -- = Page Five - Planning and Zoning Commission Minutes - November 22, 1983 Apache Junction City Council for denial " The motion passed 4-2-0, with Mrs. Conway and Mr Sanchez dissenting 44. Chairman asked for staff briefing on GP-1-83, Proposed amendments to the "Apache Junction 2001- Apache Junction, Arizona, General Plan" text :' and map 45. Mr Gero briefed the Commission stating that this was technical matter He said that notices had been sent to various public agencies for the mandatory sixty-day review, but not all agencies chose to respond. He said that Proposed Resolution No. 83-62 will amend Resolution No 82-01 46 Mr Vehon asked if sections of the proposed amendments could be recommended. 47 Mr Gero replied that the Commission can recommend everything that has been advertised on the current plan, or delete part hearing the recommendation that which currently exist. He said that if the Commission wishes to make further amendments, they have to be advertised He referred to letters received from the agencies responding. 48. Mrs. Conway stated her concern as to whether or not more work is needed before they make a decision. 49 Mr Gero said this could be postponed to another meet- ing, but if so, it will have to be readvertised for the City Council . The Commission should be comfortable with its recommendation 50. Mrs. Conway asked if the responses from the agencies were available for public inspection 51. Mr. Gero replied that they are a matter of public record and the files have been available 52. Chairman asked if anyone wished to speak in favor; there was no one He asked if anyone wished to speak in opposition. 53. Joe Morvak stated that the one area he has knowledge of is northwest of 16th and Winchester which is now zoned medium density and is proposed for low density He said the proposed change _ will not necessarily blend in with multiple- family dwellings on the surrounding property He said that no change in the density is needed 54 Mike Kovacs said he was a landowner of property on Highway 88 just north of Superstition He commented that he spoke two years ago on the same topic of more commercial business zoning needed in _ . this area He stated that they service recreation people and there is an increase in traffic every year He added that he was concerned about serving people in the future. - 55 Mr Gero showed on the map that parallel to Highway 88 in Section 15 is designated as local commercial He commented on Mr Morvaks :,� I /N I'► Page Six - Planning and Zoning Commission Minutes - November 22, 1983 request stating that the Commission had been requested by a letter from Mr Laabs, signed by many of the area residents, to change this area to low density. He said he did not quite understand the area of Mr. Morvak's request 56. Mr Morvak stated that he is requesting that the area that is now medium density be retained as medium density 57 Mr Gero clarified that the proposal is that the medium density be changed to low density, commercial housing only. 58 Mr Taylor commented that medium density is not only for conventional housing. 59 Mr Gero said there is an overlay for conventional construction only 60 Mr Vehon commented on the high/medium/low density in the area He said on the commercial issue, that maybe a third type of commercial zoning may be needed when the zoning ordinance is rewritten. 61. Mr. Taylor commented that on Mr Laabs' request, they were concerned about large lots. 62. Mr. Gero stated that the area Mr. Morvak is speaking about had a request from many property owners _ to change to low density, and that Mr. Morvak is the only dissenting party. He stated that Mr Morvak has applied for a Planned Development under medium density, and has a pre-preliminary approval of the project, but has not obtained to date the signatures required, and may apply for a Commission Initiative. He said that subject to the City Attorney's opinion, he believes the re- zoning process has been initiated under Planned Development by the applicant obtaining a .�. pre-preliminary approval. However, he is not sure of any obligations to allow the applicant to proceed. Should this case proceed, will be done from the point of time when the Land Use Map was medium density, since that is what it was when he first applied He added that even if it is changed to low density, Mr Morvak can proceed subject to meeting r=araa-. arr application requirements with his project 63. Mrs. Conway asked if Mr. Morvak was aware of the map change when it was first initiated. 64. Mr Morvak replied that he was not 65 Mr. Nakagawa stated that Mr. Morvak filed the pre-preliminary prior to the proposed General Plan amendments. 66. Mrs. Conway said that he should have been aware when Mr. Laabs came 67 Mr Gero stated that the first night the land use plan • was on the agenda there was a motion to give direction to staff to advertise, the second was for a public hearing. Ink Aim 1,4, Page Seven - Planning and Zoning Commission Minutes - November 22, 1983 68. Chairman closed the public hearing and called for Commission deliberation 69. Mr. Gero said that the recommended changes had been properly advertised and recommended that they forward it to the City Council 70. Chairman called for a motion. 71. Vehon/Rogers M/S "BE IT RESOLVED by the Planning and Zoninark Commission of the City of Apache Junction, { Arizona, that Resolution No 83-62, ' A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE ADOPTED APACHE JUNCTION, ARIZONA GENERAL PLAN ENTITLED, 'APACHE JUNCTION. 2001, APACHE JUNCTION, ARIZONA, GENERAL PLAN' ADOPTED BY • RESOLUTION NO. 82-01 ON JULY 20, 1982, AND WHICH DOCUMENT WAS MADE A PUBLIC RECORD BY ADOPTION OF RESOLUTION NO 82-48 ON JULY 20, 1982, AND WHICH INCLUDES THE MAP ENTITLED, APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP,' SAID AMENDMENTS AS SET FORTH HEREIN AND ON THE AMENDED 'RFVISED APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP' DATED AUGUST 30, 1983,' except the West 1 of the Northwest ; of Section 28, be recommended to the Apache Junction City Council for approval." The motion ended in a tie vote (3-3-0) 72. Mr. Polomskey asked if the rules did not state that a tie vote meant the motion carried • 73. Mr. Gero replied he would check the rules. 74 Chairman after a five minute recess, the meeting resumed at 8 45 p m He stated that the Commission rules state that if a tie vote occurs, the question comes to the next Commission agenda for a recommendation unless someone wishes to make another motion 75. Mr. Taylor asked if the motion can be made leaving part/o'! of the medium density for conventional housing 76. Mr. Gero this was possible in that part is advertised change and part is on the existing plan. 77. Mr. Taylor asked if it were possible to get a specific designation of the area. 78 Mr Gero replied that the piece in question is a portion of the West of the Northwest ; of Section 28, which can be described taken specifically from a general description 79 Taylor/Vehon M/S"BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that Resolution No 83-62, 'A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE ADOPTED APACHE JUNCTION ARIZONA GENERAL PLAN ENTITLED, 'APACHE JUNCTION 2001, APACHE JUNCTION, ARIZONA, GENERAL PLAN' ADOPTED BY RESOLUTION NO 82-01 ON JULY 20, 1982, AND WHICH DOCUMENT WAS MADE A PUBLIC RECORD BY ( Amok Page Eight - Planning and Zoning Commission Minutes - November 22, 1983 ADOPTION OF RESOLUTION NO 82-48 ON JULY 20, 1982, AND WHICH INCLUDES THE MAP ENTITLED, 'APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP,' SAID AMENDMENTS AS SET FORTH HEREIN AND ON THE AMENDED 'REVISED APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP' DATED AUGUST 30, 1983,' except for the areas approximately 660 feet north of 16th Avenue ''v4** and 660 feet west of Winchester which would remain medium density This parcel is under Planned Development - Stage I at the present time, be and hereby is recommended { to the Apache Junction City Council for approval ." 80. Mr. Vehon stated that he was still in favor of the whole area being medium density, but would second this motion. The motion passed unanimously (6-0-0). 81 Chairman asked if there was anyone to speak under Call to the Public; there was no one. He then noted there were no Communication, Awards, or Presentations He said that under Requests From Other Agencies was a request from Maricopa County, MC-Z-83-140, a request from Jones/Allen in Section 24 He asked for - staff briefing 82. Mr. Nakagawa briefed the Commission regarding the case stating that this is a referral from Maricopa County to rezone a 3.1 acre parcel from R-1 to R-8. He said the site is on the west side of Meridian Drive and that the applicants propose to build four-plexes on the site 83. Chairman asked if the applicant was present, he was not He then asked if anyone wished to speak in favor, there was no one He asked if anyone wished to speak in opposition; there was no one He asked for staff recommendation 84. Mr Nakagawa stated that the Development Coordinating Committee had no objections to the project, provided that adequate right-of-way was dedicated on Meridian Drive. 85 Chairman called for Commission deliberation, there was none He then called for a motion. 86. Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that Maricopa County case MC-Z-83-140, a request by James Jones and Gregory Allen to rezone from Rl-8 to R-3 their property described as The East of the East of the Northeast of the Southeast 1 of Section 24, Township 1 North, Range 7 East, Gila and Salt River Base and Meridian, Maricopa County, EXCEPT the north 556 feet, and EXCEPT the south 263 6 feet, and EXCEPT the east 40 feet, be recommended to the County of Maricopa for approval I Amok Page Nine - Planning and Zoning Commission Minutes - November 22, 1983 The reasons for this recommendation are 1 The property abuts Meridian Drive which is an arterial capable of handling the anticipated traffic. 2 The property is opposite to the Medium/ High Density designation of the City's General Plan. /lla Suggested stipulations are Dedicate the east fifteen (15') feet of the property for public roadway and associated purposes " The motion passed unanimously (6-0-0) 87. Chairman said that under Old Business was PZ-34-83, - Proposed Ordinance No 221, Amendment to Zoning Ordinance Section 2807, which was postponed from the October 25, 1983 meeting He asked for staff briefing. 88 Mr Gero stated that there was a memo in the packet covering points on tabling and postponing an item. He said that the memo originated with the City Clerk and was primarily aimed at the City Council since the Commission has set their own rules. He suggested that the Commission readvertise this case for a future public hearing as set forth in the memo. 89 Chairman asked if anyone wished to speak in favor, there was no one He then asked if anyone wished to speak in opposition; there was no one. He asked for Commission deliberation, there was none He then called for a motion 90. Polomskey/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the withdrawal of case PZ-34-83, - to allow for readvertising by the City staff,/ is hereby approved " The motion passed unanimously (6-0-0) 91 Chairman said that the next item under Old Business was a Motion to Set a Public Hearing Date for the Second Proposed Amendment to Land Use Map He asked for staff briefing. 92. Mr. Gero stated that this was the request from George Baljo for an amendment to the General Plan. He said that staff needs direction to advertise for a public hearing. 93. Chairman asked if there was any discussion, there was none. He then called for a motion 94. Conway/Vehon M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that a public hearing to consider certain General Plan amendments presented by Mr Baljo and authorized to be circulated for the sixty-day review by this Commission is #" t '', =►�� ; Page Ten - Planning and Zoning Commission Minutes - November 22, 1983 hereby directed to be advertised for public hearing before the Commission on Tuesday, January 10, 1984, at 7:00 p.m., in these Chambers The reason for the Tuesday date is so there will not be anymore postponements of the Rewrite Committee meetings on Thursday night." The motion passed unanimously (6-0-0). 95 Chairman said that under New Business was a motion to Set a Work Session with Pinal County Planning and Zoning Commission. He asked for staff briefing. 96 Mr. Gero stated that the memo requesting a workshop between the Pinal County and Apache Junction Planning and Zoning Commission was self- explanatory He suggested a 5 00 p m. session prior to the next regularly scheduled meeting. 97 Chairman after Commission discussion on length of time needed for a work session, he called for a motion 98 Vehon/Rogers M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that a work session be scheduled for a time, date and place to be set by the Chairman, with a preferred date of December 13, 1983, to discuss the General Plan and related matters with the Pinal County Planning and Zoning Commission 99 Chairman noted there was nothing under Information and Reports. There being no further business, he called for a motion to adjourn 100 Conway/Taylor M/S to adjourn The meeting adjourned at 9:16 p.m. Respectfully submitted, Joseph,U Gero, Executive Secretary _ __ APPROVED. • • Ken Sanchez, Chair ._ ... PpACHF✓G ‘.6C- t'n, U= ,,,./A Z AiRizoo- ? ity 4 'paclie c&unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 13, 1983 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNC THROUGH: MICHAEL J. McNULTY, CITY MANAGER FROM: VOE GERO, DIRECTOR OF PLANNING PREPARED BY JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: BOARD OF ADJUSTMENT MINUTES FOR YOUR INFORMATION Attached please find a copy of the Board of Adjustment Minutes of November 14, 1983. Please have the original Minutes placed in the "Minutes Book" in the City Clerk' s Office. JWG:JAN:mas 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 CITY COUNCIL MOTIONS MEETING OF DECEMBER 20, 1983 ACTION MOTION AGENCY DISPOSITION THAT THE AGENDA BE ACCEPTED AS PRESENTED. (Motion carried. ) Action Completed. THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. (Motion carried. ) BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEM "A" : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF DECEMBER 6, 1983, BE ACCEPTED AS PRESENTED. (Motion carried. ) Action Completed. THAT RESOLUTION NO. 83-71, A RESOLUTION OF MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE ISSUANCE OF $3,000,000 IN INDUSTRIAL DEVELOPMENT REVENUE BONDS, (APACHE JUNCTION NURSING CARE PROJECT) , SERIES 1983, OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF APACHE JUNCTION, ARIZONA, BE AND HEREBY IS APPROVED AND ADOPTED. (Motion carried. ) Posted 12/23/83. THAT RESOLUTION NO. 83-23, DECLARING AS A PUBLIC RECORD THE UNIFORM BUILDING CODE 1982 EDITION; RESOLUTION NO. 83-24, DECLARING US A PUBLIC RECORD THE UNIFORM BUILDING CODE STANDARDS 1982 EDITION; RESOLUTION NO. 83-25, DECLARING AS A PUBLIC RECORD THE UNIFORM FIRE CODE 1982 EDITION; RESOLUTION NO. 83-26, DECLARING AS A PUBLIC RECORD THE UNIFORM FIRE CODE STANDARDS 1982 EDITION; RESOLUTION NO. 83-27, DECLARING AS A PUBLIC RECORD THE NATIONAL ELECTRIC CODE 1981 EDITION; RESOLUTION NO. 83-28, DECLARING AS A PUBLIC RECORD THE UNIFORM PLUMBING CODE 1982 EDITION; RESOLUTION NO. 83-29, DECLARING AS A PUBLIC RECORD THE UNIFORM MECHANICAL CODE 1982 EDITION: CITY COUNCIL MOTIONS MEETING OF DECEMBER 20, 1983 ACTION MOTION AGENCY DISPOSITION RESOLUTION NO. 83-30, DECLARING AS A PUBLIC RECORD THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1982 EDITION; AND RESOLUTION NO. 83-31, DECLARING AS A PUBLIC RECORD THE CODE FOR ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION, SECOND PRINTING, BE AND HEREBY ARE APPROVED AND ADOPTED AS STANDARDS OF CONSTRUCTION FOR THE CITY OF APACHE JUNCTION. ( after amendment) P•W• Action Completed. (Motion carried. ) C.C. Posted 12/23/83. THAT RESOLUTION NO. 83-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE ADOPTED APACHE JUNCTION, ARIZONA GENERAL PLAN ENTITLED, "APACHE JUNCTION : 2001 , APACHE JUNCTION, ARIZONA, GENERAL PLAN" ADOPTED BY RESOLUTION NO. 82-01 ON JULY 20, 1982, AND WHICH DOCUMENT WAS MADE A PUBLIC RECORD BY ADOPTION OF RESOLUTION NO. 82-48 ON JULY 20, 1982, AND WHICH INCLUDES THE MAP ENTITLED, "APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP, " SAID AMENDMENTS AS SET FORTH HEREIN AND ON THE AMENDED "REVISED APACHE JUNCTION, ARIZONA, 2001 LAND USE MAP" DATED AUGUST 30, 1983, BE AND HEREBY IS APPROVED AND Planning ADOPTED. (Motion carried. ) C.C. Posted 12/23/83. THAT THE REQUEST FROM ROADHAVEN RESORTS OF APACHE JUNCTION FOR A MAJOR AMENDMENT TO THEIR PLANNED DEVELOPMENT PLAN WHICH WAS APPROVED AS PART OF THE REZONING AS SET FORTH IN CASE PZ-6-81, AND WHICH WAS APPROVED BY ORDINANCE NO. 92, FOR AN AREA IN THE NORTHWEST CORNER OF TRACT B-4, GENERALLY WEST OF TRACT A-3, BE RELEASED FROM RETENTION OF STORM WATER USE AND BE ALLOWED TO HAVE AN ARTS AND CRAFTS RE- CREATION BUILDING AND PARKING, BE AND HEREBY IS (APPROVED) . (Motion carried. ) Planning Letter to applicant 12/21/83 THAT ORDINANCE NO. 223, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Motion carried. ) Action Completed. CITY COUNCIL MOTIONS MEETING OF DECEMBER 20, 1983 ACTION MOTION AGENCY DISPOSITION THAT ORDINANCE NO. 223 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-36-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) ; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED WITH THE FOLLOWING STIPULATIONS OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL: "THE APPLICANT DEDICATE THE SOUTH FORTY (40' ) FEET AND THE EAST THIRTY-THREE (33 ' ) FEET OF THE SUBJECT PROPERTY FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES. " BE IT FURTHER RESOLVED THAT THE REASONS FOR Letter to applicant 12/21/8a APPROVAL ARE AS FOLLOWS: Quit-claim forwarded for recording 12/21/83. A. "THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED Tanning BY REFERENCE." (Motion carried. ) C.C. Posted 12/23/83, Published 12/27 - 1/2/84. THAT ORDINANCE NO. 235 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Motion carried. ) THAT ORDINANCE NO. 235 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING "SECTION 13-2-5, ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES, " BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED, "OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA," BY CHANGING THAT CERTAIN STREET NAME FROM "WEST TWELFTH AVENUE" TO "WEST WELLS FARGO AVENUE" BETWEEN "SOUTH IRONWOOD DRIVE" AND "SOUTH BUENA VISTA DRIVE" ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEV- ERABILITY; AND PROVIDING PENALTIES, BE AND Action Completed. HEREBY IS APPROVED AND ADOPTED. (Motion failed. ) CITY COUNCIL MOTIONS MEETING OF DECEMBER 20, 1983 ACTION MOTION AGENCY DISPOSITION BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL ARE AS FOLLOWS: A. "THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." THAT RESOLUTION NO. 83-57, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING, IN CONCEPT, THE DOCUMENT ENTITLED "REPORT AND RECOMMENDATIONS OF THE ECONOMIC OPPORTUNITIES ACTION TEAM" DATED SEPTEMBER 14, 1983, AS THE ECONOMIC DEVELOPMENT POLICY GUIDE FOR THE CITY OF APACHE JUNCTION, ARIZONA, AND AUTHORIZING THE ECONOMIC OPPORTUNITIES ACTION TEAM TO IMPLE- MENT THE PROGRAM RECOMMENDATION, BE AND HEREBY E.D. IS APPROVED AND ADOPTED. (Motion carried. ) C.C. Posted 12/23/83. THAT THE CONTRACT FOR EMPLOYEE/DEPENDENT LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, AND HEALTH INSURANCE BE AWARDED TO CIGNA HEALTH PLAN OF ARIZONA, INC. AND PIONEER ANNUITY LIFE IN- SURANCE COMPANY ON AN OPTIONAL BASIS TO BE DETERMINED BY THE INDIVIDUAL EMPLOYEE. BE IT FURTHER RESOLVED THAT THE CONTRACT FOR EMPLOYEE/DEPENDENT DENTAL INSURANCE BE CON- TINUED WITH THE DELTA DENTAL PLAN OF ARIZONA. BE IT FURTHER RESOLVED THAT INSURANCE COVERAGE WITH CIGNA HEALTH PLAN OF ARIZONA, INC . AND PIONEER ANNUITY LIFE INSURANCE COMPANY BECOME EFFECTIVE FEBRUARY 1, 1984, OR IMMEDIATELY THEREAFTER. BE IT FURTHER RESOLVED THAT THE CITY OF APACHE JUNCTION PAY ONE-THIRD OF THE COST OF DEPEN- DENT HEALTH INSURANCE COVERAGE FOR THOSE Finance Action completed on 1/3/84 EMPLOYEES WITH DEPENDENTS. (Motion carried. ) paycheck. THAT THE ACCEPTANCE OF THE COMMUNITY SWIMMING POOL BATH HOUSE, BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF JANUARY 3, 1984. C.S. (Motion carried. ) C.C. Scheduled for 1/3/84 agenda. CITY COUNCIL MOTIONS MEETING OF DECEMBER 20, 1983 ACTION MOTION AGENCY DISPOSITION THAT RESOLUTION NO. 83-70, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RECOMMENDING TO THE ARIZONA CORPORATION COMMISSION THE DENIAL OF AN IN-STATE ACCESS CHARGE FOR TELEPHONE COMPANIES BE AND HEREBY IS APPROVED AND ADOPTED. (Motion carried. ) C.C. Posted 12/23/83. Certified copy to Corporatic Commission THAT THE BID PROPOSAL FOR PUBLIC WORKS PROJECT NO. 83-4, PAVING MATERIALS, BE AWARDED TO UNION ROCK AND MATERIALS CORPORATION IN THE AMOUNT OF $21.50 PER TON EFFECTIVE THIS DATE. P.W. Action Completed. (Motion carried. ) THE RESIGNATION OF MS DIANA DUNLOP FROM THE BOARD OF ADJUSTMENT, BE ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT MR. JOHN SCHMIDT BE APPOINTED TO THE BOARD OF ADJUSTMENT, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MS DIANA DUNLOP, SAID UNEXPIRED TERM TO END Planning JUNE 30, 1985. (Motion carried. ) C.C. Oath of office given. THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JANUARY 3, 1984, AT 6:00 P.M. , IN THE CITY COUNCIL CHAMBERS. (Motion carried. ) C.C. Posted 12/27/83. THAT THE MEETING BE ADJOURNED AT 8:46 P.M. (Motion carried.) Action Completed. Imo. i ROLL CALL VOTE SHEET NOTES :1/ , 1q3 .' V .... 0, , \ , a • (1/ ITEM # i MEETING OF MOTION BY: Ile 11 SECONDED BY: g,lut YES NO ABSTAINED COUNCILMAI`! DAMIAN0 COUNCILMAN STEELSMITH VICE MAYOR EIDSON / . COUNCILMAN TAYLOR jCOUNCILMAN... HILL MAYOR CLARKE UNAN I" OUS , IN FAVOR OPPOSED j ABSTAINED TOTAL AIEW r „ rF.'-?Ys`'Z+r'+' .` 3•.vr-'�k•.� -1'.aZ� ,itAa?.w'? '�" .�n `�'k%+''..-A' _. ;'r' }.^ +t`' . _ sw ITEM NO . 16 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE MEETING BE ADJOURNED AT P . M . .7Wifilsi:4) ROLL CALL r 3k ' 3/ �l ROLL CALL IP ESENT j ABSENT 1 AsMik w W.S. i-. ( _) MAYOR CLARKE VICE—MAYOR, EIDSON / 4 COUNCILMAN HILL ( / V I COUNCILMAN TAYLOR / / COUNCILMAN SHANKS ,/ I ' COUNCILMAN S I FtLSMITN ; ;/ ✓ { COUNCILMAN DAMIANO ! / TOTAL f 7 7 STAFF PRESENT /WI V s tl 'A/W CITY MANAGER MICHAEL J. MCNULTY CITY CLERK Kathy Connelly c/ .�. FINANCE CONTROLLER Keith Lewis t/ ;/ i-Asoci a �im �� au a_ (� DTnrrTnR LANN ° ✓ i/ r/ DIRECTOR OF PUBLIC SAFTEY Bill McDaniel • DIRECTOR OF PUBLIC WORKS Rich Broman t . CITY ATTORNEY Mr. Alexander/Mr. Hirsch 14��`" ia _ ECONOMIC DEVELOPMENT SPECIALIST John Schoeph4` 44.%" CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: t I� L __-_-- DATE: ADDRESS: I,A AGENDA TTEM: `T__� 4( CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: lti (� / JfiMh G DATE: yl, 6 ADDRESS: AGENDA ITEM: %.�rP�..�v"t1Z � 'l' frIA ,1)14-etaLl/a LP.A-tet ems C /�-ceX P