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Home My WebLink About1984 02.07 City Council Regular Agenda P ACHF ALA• t�x i F ti (4( .t:4M F 'F ti e jl ��. Fc i ,R/zoN P V'ity o ace unction � CITY COUNCIL ,— REGULAR MEETING AGENDA FEBRUARY 7, 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 Resolution No. 82-67, AB-82-13 B. Proposed Resolution No. 83-66, AB-83-21 C. Proposed Resolution No. 83-67, AB-83-22 D. Proposed Resolution No. 83-68, AB-83-23 E. Proposed Resolution No. 84-01 , AB-84-1 F. Proposed Resolution No. 84-04, AB-84-2 G. Proposed Resolution No. 84-07, Declaring Safety Policies as Public Record H. Acceptance of Minutes from Regular Meeting of January 20, 1984 INTRODUCTION OF DISTINGUISHED GUESTS AND VISITORS 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 AWARDS , PRESENTATIONS, AND COMMUNICATIONS CITY MANAGER'S REPORT PUBLIC HEARINGS (3) PROPOSED ORDINANCE NO. 232, PZ-43-83, OERTLE AND EARDLEY (First Reading) (4) PROPOSED ORDINANCE NO. 225, PZ-47-83 , SEATON (First Reading) (5) PROPOSED ORDINANCE NO. 237 , PZ-44-83, ELSON (First Reading) (6) PROPOSED ORDINANCE NO. 255 , ESTABLISHING SAFETY COMMITTEE AND ADOPTING SAFETY POLICIES (First Reading with Emergency Clause) (7) LIQUORALICN CENSEI, GEORGE 'S PERSON RSTEAKR OF HOUSEE&ICOCKTAILS (8) APPLICATION FOR PERSON TRANSFER OF SERIES 10 LIQUOR LICENSE, CIRCLE K CORPORATION (9) APPLICATION FOR PERSON TRANSFER OF SERIES 7 LIQUOR LICENSE, PIZZA HUT OLD BUSINESS None. NEW BUSINESS (10) ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AUTHORITY (11) WORK SESSION, EXECUTIVE SESSION, FEBRUARY 21 , 1984 CALL TO THE PUBLIC (12) INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REQUESTS OF COUNCIL (13) ADJOURNMENT "THANK YOU FOR YOUR ATTENDANCE AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS." 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 . � �pACHE 4O 1 11"0.:a gR/Z00- V ity 4 &ipache @7unclion DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 20, 1984 Approver for Agenda .C� ate Item 0 First Reeding `1" 7/ ,fig Ssoord c'Rad,;g MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL Public Hoarsng THROUGH: MICHAEL J. McNULTY, CITY MANAGER ---- Old Business ACTING PLANNING DIRECTOR / _ ,,/ _7/New Business Z Consent Agenda PREPARED BY: JULIE A. REID, PLANNING TECHNICIAN SUBJECT: REQUEST FOR AGENDA ITEM - FEBRUARY 7, 1984 AB-82-13 (PROPOSED RESOLUTION NO. 82-67) General Information Ten (10) applicants, eleven (11 ) parcels. Streets requested: South Vaquero Road between East Broadway and East Fifth Avenues. East Sixth and East Seventh Avenues between South Starr and South Hilton Roads. All unimproved and not maintained. Development Coordinating Committee (DCC) Comments This is a request for a local road classification to be abandoned which is concept-approved in the General Plan. From the comments received, there is no objection to the abandonment. Recommended Motion BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-82-13, Resolution No. 82-67, "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF- WAY PURPOSES ON SOUTH VAQUERO ROAD BETWEEN EAST BROADWAY AND EAST FIFTH AVENUES; AND EAST SIXTH AND EAST SEVENTH AVENUES BETWEEN SOUTH STARR AND SOUTH HILTON ROADS, AS DESCRIBED IN STREET ABANDONMENT CASE AB-82-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY," is hereby (approved) (denied) . JAR:mas 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 Amok RESOLUTION NO 82-67 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY PURPOSES ON SOUTH VAQUERO ROAD BETWEEN EAST BROADWAY AND EAST FIFTH AVENUES, AND EAST SIXTH AND EAST SEVENTH AVENUES BETWEEN SOUTH STARR AND SOUTH HILTON ROADS, AS DESCRIBED IN STREET ABANDONMENT CASE AB-82-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY r., ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY WHEREAS, Robert B. and Mary E. Simpson, J. Henry and Gladys A Benson, Ruth Krueger Miller, Tom S and Della May Fellin, Ross F and Vivian 0 Lueck, Mabel Marie (Radabaugh) Speigel, James R. and Esther F Siverly, Henry C and Emanola E. Combs, Dale R and Janet L Bancroft, and Deane R. and Olive Gundlock have made application for the abandonment of federally patented easements on the property described in this Resolution, and WHEREAS, the requested abandonments are easements for public rights-of-way purposes described as these parcels of land located in Section 22, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, and more particularly described as follows. Parcel No 1 The west thirty-three (33') feet of the Southeast I of the Southwest 4 of the Southeast k of the Southeast 4; EXCEPT the south fifty (50') feet thereof; and The north thirty-three (33') feet of the Southeast I of the Southwest I of the Southeast I of the Southeast I, EXCEPT the east thirty-three (33') feet thereof Parcel No 2 The north thirty-three (33') feet of the east one hundred and ten (110') feet of the Northeast I of the Southwest I of the Southeast I of the Southeast I, EXCEPT the east thirty-three (33') feet thereof, and The south thirty-three (33') feet of the east one hundred and ten (110') feet of the Northeast I of the Southwest I of the Southeast I of the Southeast I; EXCEPT the east thirty-three (33') feet thereof; and The north thirty-three (33') feet, and the south thirty-three (33') feet, and the west thirty-three (33') feet of the Northeast I of the Southwest I of the Southeast I of the nor cam. ^y. y Southeast I; EXCEPT the east one hundred and ten (110') feet thereof. Parcel No 3 The west thirty-three (33') feet of the South 1 of the Southeast I of the Northwest I of the Southeast I of the Southeast I , and The south thirty-three (33') feet of the South z of the Southeast I of the Northwest of the Southeast I of the Southeast I, EXCEPT the east thirty-three (33') feet thereof Parcel No. 4: The west thirty-three (33') feet of the North z of the Southeast I of the Northwest I of the Southeast I of the Southeast I, EXCEPT the north thirty-three (33') feet thereof F:, RESOLUTION NO. 82-67 PAGE TWO Parcel No 5 The east thirty-three (33') feet of the Southwest of the Southwest of the Southeast ; of the Southeast 4, EXCEPT the south fifty (50') feet thereof. Parcel No. 6 The east thirty-three (33') feet of the North 2 of the Southwest A of the Southwest a of the Southeast ; of the Southeast ;, and • The north thirty-three (33') feet of the North 2 of the Southwest ; of the Southwest of the Southeast ; of the Southeast 4; EXCEPT the west thirty-three (33') feet thereof. Parcel No 7 The south thirty-three (33') feet of the south 115 feet of the Southwest 4 of the Northwest ; of the Southeast of the Southeast 4, EXCEPT the west thirty-three (33') feet thereof, and The east thirty-three (33') feet of the south 115 feet of the Southwest $ of the Northwest ; of the Southeast ', of the Southeast I -$ " - Parcel No. 8 The east thirty-three (33') feet of the North = of the Northwest a of the Southwest ; of the Southeast ; of the Southeast ;, and The north thirty-three (33') feet of the North 2 of the Northwest ; of the Southwest ; of the Southeast ; of the Southeast ;, EXCEPT the west thirty-three (33') feet thereof Parcel No. 9• The east thirty-three (33') feet of the south 115 feet of the Southwest $ of the Northwest a of the Southeast $ of the Southeast ;, and The south thirty-three (33') feet of the south 115 feet of the Southwest * of the Northwest ; of the Southeast * of the Southeast ;, EXCEPT the west thirty-three (33') feet thereof Parcel No 10 The south thirty-three (33') feet of the Southwest ; of the Northwest of the Southeast $ of the Southeast $, EXCEPT the west thirty-three (33') feet thereof; and The east thirty-three (33') feet of the Southwest a of the Northwest 4 of the Southeast ; of the Southeast ;, EXCEPT the north thirty-three (33') feet thereof Parcel No. 11 The east thirty-three (33') feet of the north 115 feet of the Southwest ', of the Northwest of the Southeast ; of the Southeast ;, EXCEPT the north thirty-three (33') feet t- thereof WHEREAS, the abandonments requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future _. .- be developed, and RESOLUTION NO 82-67 PAGE THREE WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these said federally patented easements for public rights-of-way purposes as described herein are classified as local streets on the Apache Junction Street Classification Plan and are no longer necessary for public use as roadways, and WHEREAS, these said easements requested for abandonment have never been improved as public roadways and maintained by a local governing agency NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described federally patented easements reserved for public rights-of-way purposes • - are hereby abandoned and extinguished as present or future public rights-of-way. - BE IT FURTHER RESOLVED, that the abandonment of the public rights-of-way has no effect on reservations for public utility easements PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 • Wendell J. Clarke _ .• ,.�.: ,r.,� -,�� --� Mayor ATTEST: Kathleen Connelly City Clerk • APPROVED AS TO FORM ,ice av F. Alexand City Attorney h a:R.'y' X..,Sie,.2• Y •��'t,%aW Eyi—e�'.�u�•'„G_-�.". I^ a AB-82-13 PROPOSED RESOLUTION NO, 82-67 k. . AVENUE r-a cc 40B (-_-.1) 4 C) c)=1-11 42 41 Q 40A EAST FIFTH AVENUE ® 0 /1 / 0 0 r t fir.- 0 0 52C ✓ //0 0////� E. SIXTH AVENUE / 60A... C) 0 0 o. .IC ® ® QQ o E SEVENTH AVE. // /// / /////�j o w c ca / CC w = 68 68 68A cc 69B / o • z I_- F D cc i- o Q / 70 — c7 •_ ..•• .,, _ _ ,- 68 68 0 - 69A - • - E, BROADWAY AVEIUL j PROPOSED ABANDONMENT AREA N SCALE: 1"=200' OCOUNTY ASSESSOR'S PARCEL NO. 103-05- ti o� r t •qR/zocIN Oily c ache c&unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 27, 1984 Approver for Agenda ate / Item I First Read+n3 t ?_F? MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL s ccI'd 1.. z ng Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER Old Business ACTING PLANNING DIRECTORI New Business PREPARED BY: JULIE A. REID, PLANNING TECHNICIAN" Agenda SUBJECT: REQUEST FOR AGENDA ITEM - FEBRUARY 7, 1984 AB-83-21 (PROPOSED RESOLUTION NO. 83-66) General Information Ten (10) applicants, eleven (11 ) parcels. Streets requested: North Apache Drive from West Roundup Street to West Tepee Street. West Shiprock Street from 225 feet West of North Apache Drive to North Idaho Road. West Roundup Street from North Plaza Drive to 165 feet East of North Apache Drive. All unimproved and not maintained. Development Coordinating Committee Comments No objection to the abandonment of North Apache Drive and West Shiprock Street (8-0-0 vote) . After considerable discussion, the DCC voted 5-3-0 to recommend the West Roundup portion of the abandonment for denial . Recommended Motion (All three easements included) BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-83-21 , Resolution No. 83-21 , "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF- WAY PURPOSES ON NORTH APACHE DRIVE FROM WEST ROUNDUP STREET TO WEST TEPEE STREET; WEST SHIPROCK FROM 225 FEET WEST OF NORTH APACHE DRIVE TO NORTH IDAHO ROAD; AND WEST ROUNDUP STREET FROM NORTH PLAZA DRIVE TO 165 FEET EAST OF NORTH APACHE DRIVE, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-21 , ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF- WAY," is hereby (approved) (denied) . 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item - February 7, 1984 AB-83-21 (Proposed Resolution No. 83-66) Page Two OR Recommended Motion (Excluding West Roundup Street) BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-83-21 , Resolution No. 83-21 , "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF- WAY PURPOSES ON NORTH APACHE DRIVE FROM WEST ROUNDUP STREET TO WEST TEPEE STREET,AND WEST SHIPROCK STREET FROM 225 FEET WEST OF NORTH APACHE DRIVE TO NORTH IDAHO ROAD, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-21 , ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS OF WAY," is hereby (approved) (denied) . JAR:mas RESOLUTION 83-66 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY PURPOSES ON NORTH APACHE DRIVE FROM WEST ROUNDUP STREET TO WEST TEPEE STREET; WEST SHIPRUCK STREET FROM 225 FEET WEST OF NORTH APACHE DRIVE TO NORTH IDAHO ROAD; AND WEST ROUNDUP STREET FROM NORTH PLAZA DRIVE TO 165 FEET EAST OF NORTH APACHE DRIVE, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-21, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND { ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, Mary Ann Lupo, Merl C and Lucille H. Lehrkamp, Robert D. and Gloria L Copper, John F. Gore, Violet Mesich Stajmiger, Nada M Marcetich, Donna Mae Mesich, Shirley R Knight, Alfred and Norma Jean Bellucci, E. Kenneth and Elsie V Ragan, Terry N. Willenburg, Richard N. Mang, and Edward and Elizabeth Ginsburg have made application for the abandonment of federally patented easements on the property described in this Resolution, and WHEREAS, the requested abandonments are easements for public rights-of-way purposes described as these parcels of land located in Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, and more particularly described as follows: Parcel No. 1 The west thirty-three (33') feet of the north thirty-three (33') feet of the North z of the Northeast I of the Southeast I of the Southeast I, and Commencing at the east quarter corner of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, thence south 1319 88 feet along the east line of said Section 17; thence N89° 50' 00"W, 462 02 feet to the true point of beginning, thence along a curve to the left 33.63 feet, said curve having a radius of 50.00 feet, central angle of 38° 32' 23" and long chord bearing SOO° 46' 25°W, 33 00 feet; thence N89° 50' 00"W, 164 79 feet; thence NOO° 00' 15"W, 33 00 feet, thence S89° 50' 00°E, 165.24 feet to the true point of beginning. Parcel No 2 • The north thirty-three (33') feet of the North 1 of the ;.i Northwest I of the Southeast I of the Southeast I, EXCEPT 11` the west thirty-three (33') feet thereof 11 Parcel No 3. >; The south thirty-three (33') feet of the South } of the Southwest I of the Northeast I of the Southeast 4, EXCEPT the west thirty-three (33') feet thereof; and The east thirty-three (33') feet of the South z of the Southwest I of the Northeast I of the Southeast I Parcel No. 4 L The west thirty-three feet of the west 242 feet of the south ninety-nine (99') feet of the South f of the Southeast I of sr the Northeast I of the Southeast I; and Commencing at the east quarter corner of Section 17, Township = 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, thence south 1319 88 feet along the RESOLUTION NO. 83-66 PAGE TWO east line of said Section 17, thence N89° 50' 00"W, 462.02 feet to the true point of beginning of this description, thence continuing N89° 50' 00"W, 165 24 feet, thence NOO° 00' 15"W, 33.00 feet, thence S89° 50' 00"E, 212 36 feet; thence along a curve to the left 61.19 feet, said curve having a radius of 50.00 feet, central angle of 70° 07' 23" and long chord bearing S55° 06' 18"W, 57 45 feet to the true point of tN i ( beginning Parcel No 5. j The west thirty-three (33') feet of the South 2 of the -"J Southeast of the Northeast 4 of the Southeast 4, EXCEPT • the south ninety-nine(99') feet thereof Parcel No 6 The west thirty-three (33') feet of the North z of the Southeast 4 of the Northeast 4 of the Southeast 4, and The north thirty-three (33') feet of the North z of the Southeast 4 of the Northeast 4 of the Southeast 4, EXCEPT the east fifty (50') feet thereof. Parcel No. 7 The west thirty-three (33') feet of the South # of the 1 Northeast 4 of the Northeast 4 of the Southeast 4, and The south thirty-three (33') feet of the South i of the Northeast } of the Northeast 4 of the Southeast 4, EXCEPT the east fifty (50') feet thereof I- Parcel No 8. The west thirty-three (33') feet of the West } of the Northwest 4 of the Northeast 4 of the Northeast 4 of the Southeast 4; EXCEPT the north forty (40') feet thereof Parcel No. 9 The east thirty-three (33') feet of the North # of the ew, Northwest 4 of the Northeast 4 of the Southeast 4; EXCEPT the north forty (40') feet thereof. Parcel No. 10 The east thirty-three (33') feet of the Southeast 4 of the Northwest 4 of the Northeast 4 of the Southeast 4; and Commencing at the east quarter corner of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, thence N89° 49' 58"W, 660.36 feet along the East-West quarter line of said Section 17; thence S00° 00' 15"E, 660 04 feet; thence N89° 50' 16"W, 33 00 feet • ' to the true point of beginning of this description, thence N89° 50' 16"W, 225.11 feet, thence along a curve to the left 33.63 feet, said curve having a radius of 50.00 feet, a central angle of 38° 32' 23" and long chord bearing NOO° 46' 14"E, 33 00 feet, thence S89° 50' 16"E, 224 66 feet; thence SOO° 00' 15"E, 33 00 feet to the true point of beginning. ... Amok RESOLUTION NO 83-66 PAGE THREE Parcel No 11: The east thirty-three (33') feet of the North z of the war Southwest t of the Northeast ; of the Southeast ;; and Commencing at the east quarter corner of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, 111 Pinal County, Arizona; thence N89° 49' S8"W, 660:3:3fe0e0tfaeleotng the East-West quarter line of said Section 17, tece SOD° 00' 15"E, 660 04 feet, thence N89° 50' 16"W to the true point of beginning of this description; thence SOO° 00' 15"E, 33.00 feet, thence N89° 50' 16"W, 272 22 feet, thence along a curve to the left 61 19 feet, said curve having a radius of 50 00 feet, central angle of 70° 07' 18" and long chord bearing N55° 06' 05"E, 57.45 feet; thence S89° 50' 16"E, 225.11 feet to the true point of beginning WHEREAS, the abandonments requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future be developed; and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these said federally patented easements for public rights-of-way purposes as described herein are classified as local streets on the Apache Junction Street Classification Plan and are no longer necessary for public use as roadways, and WHEREAS, these said easements requested for abandonment have ( never been improved as public roadways and maintained by a local governing agency NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described federally patented easements reserved for public rights-of-way purposes - are hereby abandoned and extinguished as present or future public rights-of-way BE IT FURTHER RESOLVED, that the abandonment of the public rights-of-way has no effect on reservations for public utility easements PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 r Wendell J Clarke Mayor ATTEST Kathleen Connelly = City Clerk APPROVED AS TO FORM Dav\vi F Alexayidder� City Attorney C AB-83-21 PROPOSED RESOLUTION NO. 83-66 - W, TEPEE ST, 0 3A O '0 1C lA 100-01-02 0 7B 8C 8A % 9O 8B -:O . )// �//////i 12 0 11 a j 10 W 15 16 Q j� z/ 79 (7n) ej3l el ® 11 I 0 , I I I Ole 24 I 25 I STATE I ca ",_C,R AS ;00D S -- `- _ LAND --- -- - - L.t B L. 24 1 ric F- II a I c o _ a I , a z 31 G 3 2 I 12 6 c . .. ..,...... .... _ . _ , , z i O - COUNTY ASSESSOR'S PARCEL NO, 100-31 N - PROPOSED ABANDONMENT AREA r-i I i L_j - PREVIOUSLY ABANDONED ROADWAY (CASE NO. AB-81-5) SCALE: 1"=400' EXCza RESOLUTION NO 83-66 7)6-.:-",57- 4.2 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY PURPOSES ON NORTH APACHE DRIVE FROM WEST ROUNDUP STREET TO WEST TEPEE STREET, AND WEST SHIPROCK STREET FROM 225 FEET WEST OF NORTH APACHE DRIVE TO NORTH IDAHO ROAD, AS DESCRIBED IN = STREET ABANDONMENT CASE AB-83-21, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY E WHEREAS, Mary Ann Lupo, Merl C and Lucille H. Lehrkamp, Robert D. and Gloria L. Copper, John F. Gore, Shirley R. Knight, - Alfred and Norma Jean Bellucci, E Kenneth and Elsie V Ragan, Terry N. Willenburg, and Richard N Mang, have made application for the abandonment of federally patented easements on the property described in this Resolution; and • WHEREAS, the requested abandonments are easements for public rights-of-way purposes described as these parcels of land located in Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, and more particularly described as follows: - i i Parcel No. 1 The east thirty-three (33') feet of the South 2 of the Southwest 4 of the Northeast 4 of the Southeast 4, EXCEPT the south thirty-three (33') feet thereof Parcel No 2: The west thirty-three (33') feet of the west 242 feet of the south ninety-nine (99') feet of the South z of the Southeast 4 r of the Northeast ; of the Southeast 4; EXCEPT the south lr thirty-three (33') feet thereof Parcel No 3: The west thirty-three (33') feet of the South 2 of the Southeast 4 of the Northeast 4 of the Southeast 4; EXCEPT the south ninety-nine (99') feet thereof. Parcel No 4 The west thirty-three (33') feet of the North 4 of the Southeast 4 of the Northeast 4 of the Southeast 4, and The north thirty-three (33') feet of the North of the Southeast 4 of the Northeast 4 of the Southeast 4, EXCEPT the east fifty (50') feet thereof Parcel No 5 The west thirty-three (33') feet of the South of the Northeast 4 of the Northeast 4 of the Southeast 4, and The south thirty-three (33') feet of the South of the Northeast 4 of the Northeast 4 of the Southeast 4, EXCEPT the east fifty (50') feet thereof Parcel No 6: The west thirty-three (33') feet of the West z of the Northwest ; of the Northeast 4 of the Northeast 1 of the Southeast 4; EXCEPT the north forty (40') feet thereof Parcel No. 7 The east thirty-three (33') feet of the North * of the Northwest 4 of the Northeast 4 of the Southeast 4; EXCEPT the north forty (40') feet thereof. .•. p RESOLUTION NO. 83-66 PAGE TWO Parcel No. 8: The east thirty-three (33') feet of the Southeast * of the Northwest * of the Northeast a of the Southeast *, and Commencing at the east quarter corner of Section 17, Township .0014., ( 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, thence N89° 49' 58"W, 660.36 feet along the East-West quarter line of said Section 17, thence SOO° 00' 15"E, 660 04 feet, thence N89° 50' 16"W, 33 00 feet to the true point of beginning of this description, thence N89° 50' 16"W, 225.11 feet, thence along a curve to the left 33 63 feet, said curve having a radius of 50 00 feet, a central angle of 38° 32' 23" and long chord bearing NOO° 46' 14"E, 33.00 feet, thence S89° 50' 16"E, 224.66 feet, thence SOO° 00' 15"E, 33 00 feet to the true point of beginning Parcel No. 9- The east thirty-three (33') feet of the North # of the Southwest * of the Northeast * of the Southeast 4; and Commencing at the east quarter corner of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, thence N89° 49' 58"W, 660.36 feet along ( the East-West quarter line of said Section 17, thence ^ `== SOO° 00' 15"E, 660 04 feet, thence N89° 50' 16"W, 33 00 feet to the true point of beginning of this description, thence SOO° 00' 15"E, 33.00 feet; thence N89° 50' 16"W, 272.22 feet; thence along a curve to the left 61 19 feet, said curve having a radius of 50 00 feet, central angle of 70° 07' 18" and long chord bearing N55° 06' 05"E, 57.45 feet; thence S89° 50' 16"E, 225.11 feet to the true point of beginning. WHEREAS, the abandonments requested, if approved, would not , .l leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future be developed, and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these said federally patented easements for public rights-of-way purposes as described herein are classified as local streets on the Apache Junction Street Classification Plan and are no longer necessary for public use as roadways, and WHEREAS, these said easements requested for abandonment have never been improved as public roadways and maintained by a local - governing agency v = NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described federally patented easements reserved for public rights-of-way purposes are hereby abandoned and extinguished as present or future public rights-of-way. BE IT FURTHER RESOLVED, that the abandonment of the public rights-of-way has no effect on reservations for public utility easements. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 - _ RESOLUTION NO. 83-66 PAGE THREE • - Wendell J. Clarke Mayor ' ( ATTEST f l - Kathleen Connelly - 1 City Clerk ii APPROVED AS TO FORM " I i David F Alexander City Attorney 1 I mar-.r..- .-.x "- it /Mk. AB-83-21 PROPOSED RESOLUTION NO. 83-66 _ W. TEPEE ST. 36 3A O .. 1C 1A 100-01-02 10 7A 7B 8C 8A %O 8B .) . ..,, ... . 12 ® 11 Q 10 w% 1 16 a Z 0 (7c) 11[1/ `BO •2010 19 To e , _ _ ,. . 123 24 25 . _ STATE LAND Q ". G• 'S 0e1 s r------- --------- a 0 4 26 w a I cc a I C E. I a 32 26 Z t O — COUNTY ASSESSOR'S PARCEL NO, 100-31 N /. - PROPOSED ABANDONMENT AREA I ir-i L. PREVIOUSLY ABANDONED ROADWAY (CASE NO. AB-81-5) SCALE: 1"=400' ROLL CALL VOTE SHEET NOTES PI k3 / „ ag3/ e 1/4 trfrF t)),) z ) ITEM II MEETING OF MOTION BY: SECONDED BY : 1 CMhA-' YES NO ABSTAINED DUCT-L-MA �- Ytai i ... , COU^!C I LP,AN HILL COUNCILMAN SHANKS VICE_MAYOR FIDSON COUNCILMAN DAMIANO 41-e4( T .l-PrOga RKF UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES 9` to f))1 gig . , 9/ ITEM # MEETING OF MOT'ON BY: )1V6-4,4 SECONDED BY1 YES NO ABSTAINED COl1NCI l MAN A4f1IAN0 COUNCILMAN HILL COuNC[LEAN_TAYLOR _C,OINC II MAN .SHANKS �fICF MAYOR EIDSON ._COUNCILMAN._ STFFLSIIITH MAYOR CLARKE UNAN I'IOUS IN FAVOR OPPOSED ABSTAINED TOTAL � l s n; AlPIZO it y o &4pacl4e c&unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 20 , 1984 Approver for Agenda n/e Item� First ntaadin3 . MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL S:ccnd 1,eadrng Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ K, Old Business ACTING PLANNING DIRECTOR I New Business _.._ Consent Agenda PREPARED BY: JULIE A. REID, PLANNING TECHNICIAN ' SUBJECT: REQUEST FOR AGENDA ITEM - FEBRUARY 7, 1984 AB-83-22 (PROPOSED RESOLUTION NO. 83-67) General Information Fourteen (14) applicants, Thirteen (13) parcels. Streets requested: North Vaquero Road between East Superstition Blvd. and East Cody Street. North Vaquero Road between East Scenic and East Virginia Streets. East Cholla Street between North Starr and North Hilton Roads. All unimproved and not maintained. Development Coordinating Committee (DCC) Comments The four utility companies responding stated no objection to the request. From the comments received, there is no objection to the abandonments. Recommended Motion BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-83-22, Resolution No. 83-67, "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF- WAY ON NORTH VAQUERO STREET BETWEEN EAST SUPERSTITION BOULEVARD AND EAST CODY STREET AND BETWEEN EAST VIRGINIA AND EAST SCENIC STREETS; AND EAST CHOLLA STREET BETWEEN NORTH STARR AND NORTH HILTON ROADS, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-22, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY," is hereby (approved) (denied) . JAR:mas 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 RESOLUTION NO 83-67 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY PURPOSES ON NORTH VAQUERO STREET BETWEEN EAST SUPERSTITION BOULEVARD AND EAST CODY STREET AND BETWEEN EAST VIRGINIA AND EAST SCENIC STREETS AND EAST CHOLLA STREET BETWEEN NORTH STARR AND NORTH HILTON ROADS, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-22, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY WHEREAS, Brian Taylor, Archie W and Alice E. Corbin, Richard E and Marian L. Baker, Stanley H and Norma J. Baker, Dorothy B Gildroy, Vincent T and Elizabeth M. Gebbia, Rex and Leola V Parsons, Derald H and Anna A. Bolin, Bertha M Doolittle, James L and Grace E. Hustin, Melvin and Vera Taig, Cecil F and Edith G. Eaton, Robert W and Patricia K Borden, and Jewel G. Wilcox have made application for the _ abandonments of federally patented easements on the property described in this Resolution, and WHEREAS, the requested abandonments are easements for public rights-of-way purposes described as these parcels of land located in Section 22, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, and more particularly described as follows Parcel No 1 <> w.h� The west thirty-three (33') feet of the Northeast * of the Northwest I of the Northeast I of the Northeast I, EXCEPT the north fifty (50') feet thereof; and - The south thirty-three (33') feet of the Northeast I of the Northwest I of the Northeast I of the Northeast I, EXCEPT the east thirty-three (33') feet thereof Parcel No 2 The east thirty-three (33') feet of the north ninety-two (92') feet of the Northwest I of the Northwest * of the Northeast I of the Northeast *; EXCEPT the north fifty (50') feet thereof Parcel No 3 The east thirty-three (33') feet of the south seventy-three (73') feet of the North 2 of the Northwest I of the Northwest * of the Northeast * of the Northeast Parcel No 4 The east thirty-three (33') feet of the Northwest * of the Northwest * of the Northeast A of the Northeast I; EXCEPT the north fifty (50') feet thereof. Parcel No 5 The east thirty-three (33') feet of the south ninety-two (92') feet of the Northwest I of the Northwest I of the Northeast I of the Northeast I, and The south thirty-three (33') feet of the south ninety-two (92') feet of the Northwest * of the Northwest I of the Northeast * of the Northeast I, EXCEPT the west thirty-three (33') feet thereof Parcel No 6 The north thirty-three (33') feet of the Southeast I of the Northwest I of the Northeast I of the Northeast I, EXCEPT the east thirty-three (33') feet thereof, and The west thirty-three (33') feet of the Southeast I of the Northwest I of the Northeast i of the Northeast I; EXCEPT the south thirty-three (33') feet thereof Adak Alm RESOLUTION NO 83-67 PAGE TWO Parcel No. 7 The north thirty-three (33') feet of the North f of the Southwest $ of the Northwest ; of the Northeast ; of the `11\ _ Northeast ;, EXCEPT the west thirty-three (33') feet thereof, and The east thirty-three (33') feet of the North 2 of the Southwest of the Northwest ; of the Northeast of the Northeast ;. - Parcel No. 8 The east thirty-three (33') feet of the north seventy (70') feet of the South 2 of the Southwest 4 of the Northwest a of the Northeast ; of the Northeast ;. Parcel No. 9• The east thirty-three (33') feet of the South f of the Southwest 4 of the Northwest ; of the Northeast of the Northeast ;, EXCEPT the north seventy-three (73') feet thereof, and further, EXCEPT the south thirty-three (33') feet thereof ` ht . - Parcel No 10 The east thirty-three (33') feet of the Southwest $ of the Southwest a of the Northeast $ of the Northeast ;, EXCEPT E the south thirty-three (33') feet, and EXCEPT the north ! thirty-three (33') feet thereof. [ Parcel No. 11: The east thirty-three (33') feet of the North z of the Southwest A of the Southwest ; of the Northeast ; of the Northeast $; EXCEPT the north thirty-three (33') feet thereof Parcel No 12 The west thirty-three (33') feet of the North 2 of the Southeast of the Southwest $ of the Northeast $ of the Northeast ;; EXCEPT the north thirty-three (33') feet thereof. Parcel No 13. c E The west thirty-three (33') feet of the South z of the Southeast iE of the Southwest a of the Northeast ; of the Northeast 1, EXCEPT the south thirty-three (33') feet thereof WHEREAS, the abandonments requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or 11 have access by a federally patented easement which may in the future be developed; and WHEREAS, the City Council of the City of Apache Junction,Arizona, finds that these said federally patented easements for public rights-of-way purposes as described herein are classified as local streets on the Apache Junction Street Classification Plan and are no longer necessary for public use as roadways, and WHEREAS, these said easements requested for abandonment have never been improved as public roadways and maintained by a local governing agency. A., .p RESOLUTION NO 83-67 PAGE THREE NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described federally patented easements reserved for public rights-of-way purposes -« '" -A " ,F=�. are hereby abandoned and extinguished as present or future public rights-of-way. p BE IT FURTHER RESOLVED, that the abandonment of the public rights-of-way has no effect on reservations for public utility easements. 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. - ^ = Ate ' -- . * Kathleen Connelly City Clerk APPROVED AS TO FORM: I avi Texan e� J City ttorney i p 1 Ilk /11mbk AB-83-22 PROPOSED RESOLUTION NO. 83-67 Y, � 4 �. ~ Fv T.nil E. GREASEWOOD ST. 33 C'/ FQ 38 e E. SIESTA 3A5ST. E, SUPERSTITION 5A 56 4D 4C ip3O 2B 4E 4A C 2A ,'��_�� E. CHOLLA 13 C v 15 16 Ga 14C cc _ 14D 14B o E. CO, Jo 22 ..c) fa ? IOI o . _ . . .. . ... . . .. .. . z 22 E Z 2� V E. V,RG 29 30 31 . ,., . _. 0 ,.,ie . . , .,,,,, . , . . - •. E. S EN 38 A7 CD taill A CJ 38 w 37B_, ,v, ., , .1= "' x E. CACTUS WREN ST. o 0 4„ 48 49 A 50 = 51 3 ! 0 3 . .__ E. ROOSEVELT ST. N f - PROPOSED ABANDONMENT AREA J O — COUNTY ASSESSOR'S PARCEL NO. 103-02 O - COUNTY ASSESSOR'S PARCEL NO. 100-27 SCALE - 1"=300' ir : ACI-it✓GG ''' • t0 U .,irk .'''''T�'' Z -- -...-:2:7; '1,9/zo0. city o f Cache @7unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Approver for Agenda -- — January 20, 1984 Date Item # First Reading 2-1 .-If) S, ccnd r:::ading Pubiic Hearing MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL Old Business THROUGH: MICHAEL J. McNULTY , CITY MANAGER// New Business ACTING PLANNING DIRECTOR � t1 ✓ Consent Agenda PREPARED BY: JULIE A. REID, PLANNING TECHNICIAN) SUBJECT: REQUEST FOR AGENDA ITEM - FEBRUARY 7 , 1984 AB-83-23 - PROPOSED RESOLUTION NO. 83-68 General Information One (1) applicant, two (2) parcels. Street requested: South Cactus Road between E. Broadway and E. Sixth Avenues. Minor collector, unimproved and not maintained. Development Coordinating Committee (DCC) Comments Because of the topography , previous construction and use of the land , the DCC has no objection to the application. The easement in question lays between a church and its parking lot and would have no value as an access to properties to the north. The four utility companies responding stated no objection to the request. Recommended Motion BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction , Arizona , that in case numherAB-83-23, Resolution No. 83-68, " A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON SOUTH CACTUS ROAD, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-23, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY" is hereby (approved) (denied) . JAR:jl 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 RESOLUTION NO 83-68 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON SOUTH CACTUS ROAD, AS DESCRIBED IN STREET ABANDONMENT CASE AB-83-23, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY. Amithk WHEREAS, Presbytery of Grand Canyon Corporation has made application for the abandonment of a federally patented easement on the property described in this Resolution, and WHEREAS, the requested abandonment is an easement for public right-of-way purposes described as these parcels of land located in Section 21 , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, and more particularly described as follows Parcel No 1 The east thirty-three (33') feet of the East z of the Southeast ; of the Southwest ; of the Southeast ; of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian; EXCEPT the south fifty (50') feet thereof. Parcel No 2 " = The west thirty-three (33') feet of the West 1 of the Southwest A of the Southeast ; of the Southeast a of Section 21, Township 1 North, Range 8 East, Gila and • Salt River Base and Meridian; EXCEPT the south fifty (50') feet thereof. WHEREAS, the abandonment requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future be developed; and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that the said federally patented easement for public right-of-way purposes as described herein is classified as a local street on the Apache Junction Street Classification Plan and is no longer necessary for public use as a roadway; and WHEREAS, the said easement requested for abandonment has never been improved as a public roadway and maintained by a local governing agency NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described .a federally patented easement reserved for public right-of-way purposes is hereby abandoned and extinguished as a present or future public right-of-way. BE IT FURTHER RESOLVED, that the abandonment of the public right-of-way has no effect on reservations for public utility easements. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 f? Wendell J. Clarke Mayor Amok RESOLUTION NO. 83-68 PAGE TWO ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM• 4av F: � lei City Attorney • • AB-83-23 PROPOSED ORDINANCE NO, 83-68 • '_ - E, 4TH AVE, { 122 a : ,:::„.. _ . . ,.._ .: _. ® , _..;..... . ... : . .. : _ . . _ _ . , _ • , ,,. ._ . ._ •_____. .. .__... :. : . _.: Q 23 ® c: 1511 , . . . . ..._:...... ... . . . 29 111, 30 31 EL L. 1:3KUAuWA 02 _ 30C 2 O 301 tiw), -- 6p`� 0.80 0 30 O N 1 - AREA TO BE ABANDONED O - COUNTY ASSESSOR'S PARCEL NO, 101-22- O - COUNTY ASSESSOR'S PARCEL NO, 102-02- n - COUNTY ASSESSOR'S PARCEL NO, 102-03- SCALE - 1" = 300' ... ,... ROLL CALL VOTE SHEET NOTES //a-71) (IX 41 / i) IJ ' 9))) ITEM # MEETING OF 1 MOT ON BY: SECONDED BY: YE NO ABSTAINED COUNC I LMAN SHANKS COUNCILMAI`! DAMIANO rptin, ' ri,DH i /ICE MAYOR EIDSON CO UNC I LMAN. III L.L V , UNANI"0 S , IN FAVOR OPPOSED ABSTAINED TOTAL ip,3)ACH i 2 'IP/ZOO' `Ooii y a 04pache 091,131ct2071 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 24, 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ ql ACTING PLANNING DIRECTOR `I PREPARED BY: JULIE A. REID, PLANNING TECHNICIAN -A SUBJECT: REQUEST FOR AGENDA ITEM - FEBRUARY 7, 1984 AB-84-1 (PROPOSED RESOLUTION NO. 84-01 ) General Information On January 25, 1982, the Pinal County Board of Supervisors and the City of Apache Junction entered into a cooperation agreement (copy attached) whereby the City agreed to abandon certain Federal patent reservations. According to recent aerial photographs, it was determined that all property owners use access from other roadways than those involved in this abandonment. All property owners involved have been notified by certified mail of the pending action in regards to this abandonment. Streets Requested: South Descanso Road between E. Broadway and E. 6th Avenues. East 7th Avenue between S. Tomahawk and S. Vista Roads. Both roadways have local classifications, are unimproved and are not maintained. Development Coordinating Committee (DCC) Comments All property owners would have legal access. The DCC has no objection to the abandonment. Approver for Agenda at? Item 0 First Reading -7 i 1 E 8ccond Reading - Public Hearing - Old Business Nam' RitCi'ArwFS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 JC9get O NtiP) 982-8002 The Honorable Mayor and City Council Request for Agenda Item - February 7, 1984 AB-84-1 (Proposed Resolution No. 84-01 ) Page Two Recommended Motion BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-84-1 , Resolution No. 84-01 , "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY PURPOSES ON SOUTH DESCANSO ROAD BETWEEN EAST BROADWAY AND EAST 6TH AVENUES; AND EAST 7th AVENUE BETWEEN SOUTH TOMAHAWK AND SOUTH VISTA ROADS, AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-1 , ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY," is hereby (approved) (denied) . JAR:mas RESOLUTION NO. 84-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY PURPOSES ON SOUTH DESCANSO ROAD BETWEEN EAST BROADWAY AND EAST 6TH AVENUES, AND EAST SEVENTH AVENUE BETWEEN SOUTH TOMAHAWK AND SOUTH VISTA ROADS, AS DESCRIBED IN STREET ABANDONMENT z�nraxxY�� CASE AB-84-1, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the Pinal County Board of Supervisors and the City of Apache Junction, Arizona, entered into a cooperation agreement dated January 25, 1982, where it was agreed to abandonment of federally patented easements on the property described in this Resolution, and WHEREAS, the requested abandonments are easements for public rights-of-way purposes described as these parcels of land located in Section 22, Township 1 North, Range 8 East, Gila and Salt River Base and - Meridian, located in Apache Junction, Pinal County, Arizona, and more particularly described as follows Parcel No 1: The north thirty-three (33') feet of the Southwest A of the Southwest A of the Southwest ; of the Southwest , EXCEPT the west fifty (50') feet thereof; and The east thirty-three (33') feet of the Southwest A of the Afi Southwest A of the Southwest ,'- of the Southwest , EXCEPT the south fifty (50') feet thereof Parcel No 2 The south thirty-three (33') feet of the Northwest A of the Southwest A of the Southwest ; of the Southwest A, EXCEPT the west fifty (50') feet thereof; and The east thirty-three (33') feet of the Northwest A of the Southwest A of the Southwest a of the Southwest }, EXCEPT the north thirty-three (33') feet thereof. Parcel No 3: The east thirty-three (33') feet of the North } of the Northwest < of the Southwest ; of the Southwest 1 of the Southwest ;; EXCEPT the north thirty-three (33') feet thereof Parcel No 4 The west thirty-three (33') feet of the North # of the Northeast 3 of the Southwest 4 of the Southwest A of the Southwest }; EXCEPT the north thirty-three (33') feet thereof Parcel No 5: The west thirty-three (33') feet of the South # of the Northeast # of the Southwest * of the Southwest 3 of the Southwest A; EXCEPT the east thirty-three (33') feet thereof, and The south thirty-three (33') feet of the South § of the Northeast 4 of the Southwest ; of the Southwest A of the Southwest I; EXCEPT the east thirty-three (33') feet thereof. >. :- RESOLUTION NO. 84-01 PAGE TWO Parcel No 6 The north thirty-three (33') feet of the Southeast 1 of the _ Southwest 4 of the Southwest a of the Southwest 4; EXCEPT the east thirty-three (33') feet thereof, and The west thirty-three (33') feet of the Southeast I of the Southwest A of the Southwest ; of the Southwest 4; EXCEPT the south fifty (50') feet thereof WHEREAS, the abandonments requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future - be developed, and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these said federally patented easements for public rights-of-way purposes as described herein are classified as local streets on the Apache Junction Street Classification Plan and are no longer necessary for public use as roadways; and WHEREAS, these said easements requested for abandonment have never been improved as public roadways and maintained by a local governing agency. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described federally patented easements reserved for public rights-of-way purposes are hereby abandoned and extinguished as present or future public rights-of-way BE IT FURTHER RESOLVED, that the abandonment of the public rights-of-way has no effect on reservations for public utility easements 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. lexanvvi der`(410. City Attorney AB-84-1 PROPOSED RESOLUTION NO. 84-01 B PROPOSED ABANDONMENT AREA �_ I PREVIOUSLY ABANDONED ROADWAY _. -,.-_ , .. ., _ -_ C.-.) 0 0 0 . . _ . . , . e -11. t 66 E. 6TH AVENUE , _._ _. , .: ... ,.. ® i .. 61B \ 60A0 1 ED 0 60B0 _ ., n. .. , 1 \,. , . ,t,\\ . E. 7TH AVENUE .. . _ 0 • • 64B 0 1001-4.- .0- i -.. .0-66' Gil _ - - - . - Q E. BROADWAY AVENUE 0 .'l I._ ... , _.. l % J o 0 54E 5¢ �/ o z ¢ ~ w > 4B cn - c� OCOUNTY ASSESSOR'S PARCEL NO, 103-04- OCOUNTY ASSESSOR'S PARCEL NO, 101-22- N SCALE. 1"=200' COUNTY ASSESSOR'S PARCEL NO. 103-19- -,73 COUNTY ASSESSOR'S PARCEL NO. 102-02- • ..dow Awl COOPERATION AGREEMENT THIS AGREEMENT, entered into this of day of January, 1982, by and between the BOARD OF SUPERVISORS OF PINAL COUNTY, hereinafter called the "LOCAL AUTHORITY" , and the CITY OF APACHE JUNCTION , ARIZONA, hereinafter called the "MUNICIPALITY" , WITNESSETH In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows : 1 . Whenever used in this Agreement : (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government") ; excluding, .however , any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, or its predecessor agencies , prior to the date of this Agreement . (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have 'm, authority to assess or levy real or personal pro- • perty taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non-dwelling rents (excluding all other income of such Project) , less the cost to the Local Authority of all dwelling and non-dwelling utilities . (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities or any combination of these factors , are detrimental to safety, health or morals . 2 . The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one project comprising approximately 25 units of low-rent housing and (b) to develop and administer such Project to be located within the corporate limits of the Munici- pality. The obligations of the parties hereto shall apply to such Project. 3 . Pursuant to A.R. S. §36-1419 , the Local Authority and the Municipality agree that the Project is exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. So long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes , or (ii) any contract between the Local Authority and the Government for loans or annual contributions , or both, in connection with such Project remains in full force and effect , or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest , the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from time-to-time without other cost or charge for or with respect to such Project . Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project , and shall be in an amount equal to ten percent (10%) of the Shelter Rent. Upon failure of the Local Authority to make any Payment in Lieu of Taxes , no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4 . During the period commencing with the date of the acquisition of any part of the site or sites of the Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes , or ( ii) any contract between the Local Authority and the Government for loans or annual contributions , or both, in connection with such Project remains in full force and effect , or (iii) any bonds issued in connection with such Project or any • monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall . (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time-to- time without cost or charge to other dwellings and inhabitants in the Municipality ; (b) Vacate such streets , roads , and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas ; and in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality , cause to be removed from such vacated areas , in so far as it may be necessary, all public or private utility lines and equipment ; (c) In so far as the Municipality may lawfully do so , (i) grant such deviations from the building code of ..� the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project , and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; -2- 5. In respect to any Project, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority : (a) It will accept the dedication of all interior streets , roads , alleys , and adjacent sidewalks within the area of such Project , together with all storm and sanitary sewer mains in such dedicated " areas , after the Local Authority , at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality , (At the present time , the Municipality does not provide any of its residents with storm or sanitary sewer mains , but agrees that once such services are to be provided to other members of the population that it would provide such services to the Project. ) (b) It will accept necessary dedications of land for, and will grade, improve, pave , and provide sidewalks for , all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Munici- pality such amount as would be assessed against the Project site for such work if. such site were privately owned) ; and (c) It will provide, or cause to be provided, water mains , and storm and sanitary sewer mains leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed again: the Project site for such work if such site were pri- vately owned) . (Note : At the present time , the Municipality does not provide water service to its residents , and such services are provided by private water companies , but agrees that once such services are to be provided to other members of the popula- tion that it would provide such services to the Project . ) 6 . If by reason of the Municipality ' s failure or refusal to furnish or cause to be furnished any public services of facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of the Project , the Local Authority incurs any expense to obtain such services or facilities , then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to the Project. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be con- strued to apply to any Project covered by this Agreement. 8 . No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to the Project during his tenure or for one (1) year thereafter shall have any interest, .-. direct or indirect , in the Project or any property included or planned to be included in the Project , or any contracts in connection with such projects or property. If any such governing body member or such other public official of the Municipality -3- a involuntarily acquires or had acquired prior to the beginning of his tenure any such interest , he shall immediately disclose such interest to the Local Authority. 9 . So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions , or both, in connection with the Project .••. remains in force and effect , or so long as any bonds issued in connection with the Project or any monies due to the Government in connection with the Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to the Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency , including the Government , authorized by law to engage in the development or administration of low-rent housing projects . If at any time the beneficial title to , or possession of , the Project is held by such other public body or governmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF , the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. CITY OF APACHE JUNCTION //-7 By / /�!".;ram' " 7. .•� Mayor ATTEST . ' C&ty Clerk APPROVED AS TO BEING IN THE PROPER FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF A IZONA it Atto ney BOARD F UPERVT S F P NAL CO NTY • �lv Cha ' mai ATTEST: ' f2-47-4 APPROVED AS TO BEING IN THE PROPER FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA ounty Attorney -4- ROLL CALL VOTE SHEET NOTES yO / � C J" ITEM # MEETING OF MOT ON BY: SECONDED BY: 1 W YES NO ABSTAINED COUNC I LMAN HILL COUNCILMAN SHANKS /ICE MAYOR EIDSON COUNCILMAN DAMIANO C MAYOR--Ea-AI(- _ UNANI""OUS IN FAVOR OPPOSED ABSTAINED TOTAL (p.-ip.cHt 4 1/0 = � At,,..._ "IPizoNp, V 2t y on C pache @Qunction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Approver for Agenda '`-:: ' -- January 26, 1984 Date Item # First Pea:'in3 c1/)�/ , r Second H:*ding MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL Public Hearin Old Businee* THROUGH: MICHAEL J . McNULTY , CITY MANAGER/ New Businesa ACTING PLANNING DIRECTOR it Consent Agenda; PREPARED BY: JULIE A. REID, PLANNING TECHNICIAN J► SUBJECT. REQUEST FOR AGENDA ITEM - FEBRUARY 7 , 1984 AB-84-2 (PROPOSED RESOLUTION NO. 84-04) General Information On August 3 , 1970, the Pinal County Board of Supervisors abandoned "A" street as shown on the plat of Superstition Homes and recorded in Book 6 on Page 45 at the request of the property owners at that time. On February 8, 1971 , the Pinal County Board of Supervisors rescinded this abandonment, but did not record this document until 1981 , some 10 years later. Also, the property owners were not notified of the rescindation. Some of these owners have constructed within the abandon- ment area. To compound the problem, the County Assessor' s Office did not recognize the rescindation as late as 1978. In communications with the Pinal County Attorney's office, it was suggested that the original abandonment and/or the rescindation may or may not hold up in court, but almost certainly would leave a cloud on all four property owners titles. This abandonment could be considered an administrative action to clarify the City' s position and to assure that possible future title problems be prevented. Street Requested: "A" street as recorded in Book 6 on Page 45 at the Pinal County Recorder' s Office and as shown on the plat of Superstition 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 MEMORANDUM TO HONORABLE MAYOR AND CITY COUN REQUEST FOR AGENDA ITEM - FEBRUARY 7, 1984 AB-84-2 (PROPOSED RESOLUTION NO. 84-04) JANUARY 26 , 1984 PAGE TWO Homes. (attached) . Roadway was not improved and has not been maintained. Development Coordinating Committee (DCC) Comments No objection to the abandonment. The vote was unanimous noting that this is an effort on the City' s part to "clean up" previous action taken which should have been done earlier. Recommended Motion BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-84-2, Resolution No. 84-04, "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN DEDICATED EASEMENT FOR PUBIC RIGHT-OF-WAY PURPOSES ON "A" STREET, AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-2, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUSIHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY," is hereby (approved) (denied) . JAR:mas i. RESOLUTION NO 84-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN DEDICATED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES ON "A" STREET, AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-2, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ! ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY WHEREAS, the property owners made an application for abandon- ment to Pinal County, and WHEREAS, Pinal County abandoned the roadway in 1970, and WHEREAS, Pinal County rescinded the abandonment in 1971 and did not record the rescindation until 1981, and _ 7 WHEREAS, the property owners were not advised of the rescindation, and WHEREAS, the property owners have requested the City of Apache Junction to reabandon the dedicated easement on the property described in this Resolution; and WHEREAS, the requested abandonment is an easement for public right- of-way purposes described as these parcels of land located in Section 19, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, and more particularly described as follows - -4,--r .. Parcel No. 1. Beginning at the southwest corner of Lot 11, Superstition Homes, according to Book 6 of Maps, Page 45, Pinal County, Arizona, thence east along the south property line of Lot 11, a distance 1 of 130 feet to the southeast corner of Lot 11, thence SO° 01'W, a distance of twenty-five (25') feet to a point on the centerline of the street known as "A" Street, said centerline being parallel with the south property line of Lot 11, thence west a distance of 130 feet along said centerline to a point, thence NO° Ol'E, a distance of twenty-five (25') feet to the point of beginning. Parcel No. 2 Beginning at the northwest corner of Lot 12, Superstition Homes, according to Book 6 of Maps, Page 45, Pinal County, Arizona; thence east along the north property line of Lot 12, a distance of 130 feet to the northeast corner of Lot 12, thence NO° O1 'E, a distance of twenty-five (25') feet to a point on the centerline of the street known as "A" Street, said centerline being parallel with the north property line of Lot 12, thence west a distance of 130 feet along said centerline to a point; thence SO° 01'W, a distance of twenty-five (25') feet to the point of beginning. v, - Parcel No. 3 Beginning at the southeast corner of Lot 38, Superstition Homes, { according to Book 6 of Maps, Page 45, Pinal County, Arizona; thence west along the south property line of Lot 38, a distance I of 129 46 feet to the southwest corner of Lot 38, thence SO° 01 'W, a distance of twenty-five (25') feet to a point on the centerline of the street known as "A" Street, said centerline being parallel with the south property line of Lot 38, thence east a distance of 129.46 feet along said centerline to a point, thence NO° 01'W, €` ( a distance of twenty-five (25') feet to the point of beginning RESOLUTION NO. 84-04 PAGE TWO Parcel No. 4 Beginning at the northeast corner of Lot 37, Superstition Homes, according to Book 6 of Maps, Page 45, Pinal County, Arizona; thence west along the north property line of Lot 37, a distance of 129 46 feet to the northwest corner of Lot 37, thence NO° O1 'E, a distance of twenty-five (25') feet to a point on the centerline of the street known as "A" Street, said centerline being parallel with the north property line of Lot 37, thence east a distance of 129.46 feet along said centerline to a point; thence SO° 01'W, a distance of twenty-five feet to the point of beginning. WHEREAS, the abandonments requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future be developed, and WHEREAS, the City Council of the City of Apache Junction, Arizona finds that the said dedicated easement for public right-of-way purposes as described herein is classified as a local street on the Apache Junction Street Classification Plan, and is no longer necessary for public use as a roadway; and WHEREAS, the said easement requested for abandonment has never been improved as a public roadway and maintained by a local governing agency. • " `�` "�'a" NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described dedicated easement reserved for public right-of-way purposes is hereby abandoned and extinguished as a present or future public right-of-way BE IT FURTHER RESOLVED, that the abandonment of the public right- of-way has no effect on reservations for public utility easements PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF - i APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor ATTEST �.��,•. ;�'oF,� .�r Viz'+• Kathleen Connelly City Clerk APPROVED AS TO FORM• David Al xander City Attorney IN Ccc.•�tlIY2 Y1 - ..G.....4 • y e. • S7G1G io 70 0o09 APACNf TRA/G a .. ,/RE �cy„e...-f --r--..,.y•a,•/et 1,,,f rra. r ra n,y,w.<,mV.a-�rnnn ur ,. �/a t.,aa .,r,q q SUPERST/T/ON HOMES �; / . 1 is AJOSO/V/JIO/Y OF Cons/O.NO//QqY/J Z4cr45.f//76 I °-rr • P4oraFrncJE4ofJLc/ 7.//Y.rQBEPin,lcCagR •'acis4 ° • g L ' o .fa.'/19.5Z//t?Or Or/kRRrE✓WEJ z s Z e_ i 47 t j t. v : 3 e 8 46 : , rts.. _ _ = Deotc.rr/o/r , t • • 4S • Know At Mar OrTepePeJeno.I:The/CAw/r4De1,11w✓K,v YDee,Ao.v,/hew Jewnded rode.M name ofJUPERJ7/T/0T1 MOMEJ,6/,/O r..///a/per t hrr/a.'re n eerie/ohAsa*Sea Mop,etPree 1L Pm,/Caun/y Reeer/i be,eYfe/a//htJf/.✓Jer/ee• /9T//tR.OE 6./JR O./M Pole/County Arrre.re and he.esypeb/,/h Mnp/rla-1 end 4 '1e1' -. - - /e.Mep/e/e/J.,dJOPfRJT/T/op/10M(Jand hetebe dr.rs/ r/1./Je.dpR/Je/J forth 6 • 43 /he/rat en ono'y,vrJ Me dmenJ,e•,/el Me 4/ J/re//ewe'r leyt r.nt/Vet n»enNt and The/ear*//rue J/Te/JAe//Orknown ly Ore ru.nhri✓nemey.r,n nrrrArr Pererne, MJee?P/l en/we hence,Od,re/e AMe posh,,bee/e e,Jvch the.,/ee/reel•PryJw//•re 7 42 • •n pa/, p/a/end meleemem fhe oho,derrr.led,were.ep. ”..re ( ... - - /Jr%tneJ.r/V sees,see hart Ae re.A Jdew hens end./ ' '-°dey a//y ee,,M s it'di' rJa. 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'/oNA u%' 1 -re cc Z/ 28r • A • e n Z2 • 27 : APPRO vAL �O 23 • 26 . r .4,4wro redheMeBrar/a/Jpe.,, ./.1Arne/ceny,4,-rae • • ; Mi dy /e rr,..i„i H11Ja A ti '� p• ° Z. A ^ Z4 23 Or��/((.� / CpVnlr Roan°+ ,au aJr.. 6 ...- ./ .//l,;.;;/., � ne,.men , ,,...wart-t J. Jer,t nnaat. s Cr Z /3 06 AB-84-2 (PROPOSED RESOLUTION NO, 84-04) WEST APACHE TRAIL _ KAY AVE. 1ST AVE V/I ■ ■ ✓�� LLJ I. w '��,-"A" STREET Q ■ ■ OC o 'ti c . II: o . CC W O O Q Q MIL■ , I_. O VA c.,_,_, i L I ( ) H_, . WESTBROANLL N %l PROPOSED ABANDONMENT AREA SCALE. 1" = 200' C • ity4 &4pac/e unction zo January 31, 1984 MEMORANDUM TO: HONORABLE MAY ND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER ,. 4 FROM: CITY CLERK K) SUBJECT: PROPOSED RESOLUTION NO. 84-07 -- DECLARING EMPLOYEE SAFETY POLICIES AS PUBLIC RECORD The City has reached the point of formally adopting safety policies for all employees with additional specific policies for the Police Department and the Department of Public Works. The actual adoption of these policies and the establishment of a Safety Committee will appear at the public hearing portion of the agenda in the form of ordinances. The attached resolution declares all of these safety policies to be "public record". By doing so, the city does not have to bear the expense of publishing the complete documents which would be very - costly. The only expense in adopting the documents in this manner would be the cost of the three copies that would remain on file in the City Clerk's office. This item will appear on the consent agenda. It is necessary to adopt Resolution No. 84-07 before the ordinances on the safety policies and safety committee. Approver for Agenda /111( Item ;ikmC :::;: g iing v+� -�_ - Public Hearing ___ Old Business _...,. New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION.ARIZONA 85220-0190 • TELEPHONE(602)982-8002 RESOLUTION NO 84-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THOSE k�,3 CERTAIN DOCUMENTS ON FILE WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION EMPLOYEE SAFETY HANDBOOK, DEPARTMENT Aar,, OF PUBLIC WORKS EMPLOYEE SAFETY HANDBOOK, AND POLICE POLICIES AND PROCEDURES, CHAPTER 5, POLICY AND ETHICS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT 1. Those certain documents entitled City of Apache Junction Employee Safety Handbook, Department of Public Works Employee Safety Handbook and Police Policies and Procedures, Chapter 5, Policy and Ethics, three (3) copies of which are on file in the office of the City Clerk of Apache Junction, Arizona, are hereby _ declared declared to be a public record and said copies are ordered to remain on file with said City Clerk 2. That certain document entitled City of Apache Junction Employee Safety Handbook contains fourteen pages numbered 1 through 14, one title page and one page labeled "Table of Contents." 3 That certain document entitled Department of Public Works Employee Safety Handbook contains seventeen pages numbered " '�"' ' 1 through 16 to include one page numbered 15a, one page labeled "Forward" and one page labeled "Table of Contents." 4 That certain document entitled Police Policies and Procedures, Chapter 5, Policy and Ethics contains Sections 5.00 through 5.121, one title page and five pages labeled "Table of Contents " 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: DAVI F LEXA City Attorney y Resolution No 84-07 Page One of One s. - CITY COUNCIL REGULAR MEETING JANUARY 17, 1984 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 17, 1984, at the Apache Junction City Council 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 Shanks, Councilman Damiano, Councilman Taylor, Councilman Hill, Vice Mayor Hill, Mayor Clarke Councilmen Absent: Councilman Steelsmith Staff Present. City Manager Michael J. McNulty City Clerk Kathleen Connelly Director of Public Safety Bill McDaniel Director of Public Works Rich Broman - - Associate Planner Jim Nakagawa +► Controller Keith Lewis Economic Development Specialist John Schoeph City Engineer Jim Bakkedahl City Attorney David Alexander Deputy City Clerk Lori Clark Others Present Mr Joe Volaro Lucky Bob's Liquors Apache Junction, Arizona 85220 Ms Midge Conway 902 S. Ocotillo Dr. Apache Junction, Arizona 85220 ACCEPTANCE OF AGENDA Councilman Hill 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. i► Am. Councilman Taylor seconded the motion. VOTE: Unanimous -7.-- The motion carried on. ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Eidson 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 ITEMS A: PROPOSED ORDINANCE NO. 196, AN-2-83, CENTRAL PROPERTIES (SECOND READING), B. PROPOSED ORDINANCE NO. 199, PZ-21-83, CENTRAL PROPERTIES (SECOND READING), C: PROPOSED ORDINANCE NO 221, PZ-34-83, COMMISSION INITIATIVE (SECOND READING), D. PROPOSED ORDINNACE NO. 226, PZ-39-83, CURTIS, ROSS, AND WEATHERBY (SECOND READING), E: PROPOSED ORDINANCE NO. 227, PZ-40-83, PAULSON (SECOND READING), F PROPOSED ORDINANCE NO. 230, PZ-41-83, BURGESS (SECOND READING), G: PROPOSED ORDINANCE NO. 188, PZ-15-83, LEIGH (SECOND READING), AND H ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF JANUARY 3, 1984, BE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. Councilman Shanks asked Associate -,--a;-t-, : „ - Planner Jim Nakagawa, if all quit claim deeds had been submitted for the rezoning cases receiving second readings Mr. Nakagawa stated that all deeds have been submitted VOTE. Unanimous The motion carried INTRODUCTION OF DISTINGUISHED GUESTS AND VISITORS None. AWARDS, PRESENTATIONS, AND COMMUNICATIONS None CITY MANAGER'S REPORT ," � �"' City Manager Michael McNulty introduced the new City Engineer Jim Bakkedahl. City Engineer Jim Bakkedahl stated that he would do the job to the best of his ability. PUBLIC HEARINGS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 2 .+ Auk OLD BUSINESS APPROVAL OF TRAFFIC CHANGES ON PHELPS DRIVE (Postponed Item) ) .. - ) Director of Public Works Rich Broman showed a film showing the traffic problems at the Phelps Drive intersection, <} and explained that temporary blockades had been placed at the east driveway ".N out of Lucky Bob's Liquors, and a permanent obstruction was necessary to solve the traffic confusion 1. Mr. Joe Volaro addressed the Council in opposition to closing off the exit, as he felt this would decrease business by 50% Councilman Damiano stated that this solution should not decrease business, and would prevent accidents as this is a dangerous exit. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY COUNCIL HEREBY AUTHORIZES 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. Councilman Hill seconded the motion. - s„ s.Y-.. .- fib Councilman Shanks asked if the curbing would be improved or would this be a temporary measure. Mr. Broman explained that in the past there has been a problem keeping the temporary barricades up, and this implementation would allow the Public Works Department to replace the barricades until the curb can be permanently installed. VOTE Unanimous The motion carried. APPROVAL OF FINAL PAYMENT ON COMMUNITY SWIMMING POOL BATH HOUSE (Postponed Item) ) City Manager McNulty recommended that the City Council authorize final payment of the bath house, as the contractor has met all requirements Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, c,w„ - ,-,,ta,r + +, p ARIZONA, THAT THE COMMUNITY SWIMMING POOL BATH HOUSE BE ACCEPTED AS COMPLETED, AND THAT FINAL PAYMENT BE MADE TO ROBERT DEBOW, JR., CONSTRUCTION INC. Councilman Shanks seconded the motion. VOTE. Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 3 PROPOSED ORDINANCE NO. 201, SN-2-83 WELLS FARGO/12TH AVENUE (Second Reading) (Postponed Item) Mr McNulty explained that the Council had taken action on a version of this item, but it is necessary for this to reappear before the Council as it was postponed. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 201, 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. 201, by title only for the second reading. City Clerk Kathleen Connelly, read as follows: ORDINANCE NO. 201, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, 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 WELLS FARGO AVENUE" TO "WEST TWELFTH AVENUE", REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 201, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, 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 WELLS FARGO AVENUE" TO "WEST TWELFTH AVENUE"; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND Asm\ PROVIDING PENALTIES, BE AND HEREBY IS DENIED. Councilman Damiano seconded the motion VOTE: Unanimous The motion carried. 4 � Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE STREET "WELLS FARGO" STAY AS IS AND "TWELFTH AVENUE" STAY AS IS, AND THAT SIGNS BE PUT UP AT EACH CORNER OF TWELFTH AVENUE AND WELLS FARGO AND THAT LEAVES ALL ADDRESSES IN THE AREA THE SAME. Councilman Shanks seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 4 ,... Councilman Eidson asked if this was to include a sign indicating Wells Fargo at Ironwood Drive and Twelfth Avenue Councilman Hill replied that this was the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO 212, LOEWENSTEIN (Second Reading) (Postponed Item) ) Mr. McNulty recommended that this abandonment be denied, as this particular right-of-way is necessary for traffic circulation in that area Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 212 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE: Unanimous The motion carried Mayor Clarke called upon the City Clerk to read Ordinance No 212, by title only for the second reading I City Clerk Kathleen Connely, read as follows. ORDINANCE NO. 212, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, CITY CODE BY AMENDING SECTION 13-2-3, SUBSECTION (A), BY DELETING FROM THE "STREET CLASSIFICATION PLAN" THE REQUIREMENT TO DEDICATE AND IMPROVE WEST FOURTH AVENUE BETWEEN SOUTH IRONWOOD DRIVE AND THE EXTENSION OF WEST FOURTH AVENUE FROM ITS WESTERLY TERMINUS AS PLATTED IN AZURE SKIES SUBDIVISION AS RECORDED IN PINAL COUNTY RECORDER'S OFFICE, BOOK 15, PAGE 24; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO 212, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, CITY CODE BY AMENDING SECTION 13-2-3, SUBSECTION (A), BY DELETING 4 ` 4 ?. r 1 FROM THE "STREET CLASSIFICATION PLAN" THE REQUIREMENT TO DEDICATE AND IMPROVE WEST FOURTH AVENUE BETWEEN SOUTH IRONWOOD DRIVE AND THE EXTENSION OF WEST FOURTH AVENUE FROM ITS WESTERLY TERMINUS AS PLATTED IN AZURE SKIES SUBDIVISION AS RECORDED IN PINAL COUNTY RECORDER'S OFFICE, BOOK 15, PAGE 24, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS DENIED. Councilman Damiano seconded the motion. VOTE In Favor Councilman Taylor, Councilman Shanks, Councilman Damiano Councilman Hill, Mayor Clarke REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 5 Abstained. Vice Mayor Eidson (possible conflict of interest) The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO 84-02, DECLARING INTENT TO CONDUCT ONE- TIME BUDGET OVERRIDE ELECTION City Manager McNulty stated that this requires a two-third approval by the Council, to proceed with the steps for an election. - Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 84-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING INTENT TO SUBMIT TO THE VOTERS OF THE CITY OF APACHE JUNCTION A ONE-TIME BUDGET OVERRIDE, BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. PROPOSED RESOLUTION NO. 84-03, SUPPORTING DAILY TRAIN SERVICE FOR THE EAST VALLEY AND ARIZONA Mr. McNulty explained that this resolution is not a commitment, but would show support for the proposed establishment of a daily commuter rail service between the Phoenix-East Valley area and Chicago. Councilman Damiano asked whom the request for support is coming from. Mr McNulty stated that the Arizona - Rail Passenger Association had approached the City. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 84-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SUPPORTING DIRECT DAILY TRAIN SERVICE ON THE SOUTHWEST LIMITED BETWEEN MIDWESTERN CITIES AND CITIES THROUGHOUT THE STATE OF ARIZONA, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. i'- ."t r-'-Lr .-��` VOTE: Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 6 AWARD OF BID FOR BUILDING DEPARTMENT INSPECTION VEHICLE Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE BID FOR A NEW BUILDING INSPECTION VEHICLE BE AWARDED TO CHAPMAN CHEVROLET, IN THE AMOUNT OF $7,710 37 Councilman Hill seconded the motion. oftik ,y Y VOTE: Unanimous rat:: The motion carried. AWARD OF BID FOR WASTE WATER STUDY Mayor Clarke stated that parts of this study could be accomplished in-house, and that the City should not spend this much money on such a study at this time. Councilman Shanks agreed, stating that these answers could be obtained locally. Director of Public Works explained that in order to obtain grants, a study would have to be conducted in order to justify a system for this area Vice Mayor Eidson suggested that the staff compile as much information as possible, and contract consultants at a later date Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, • ARIZONA, THAT ITEM NO. 10, AWARD OF BID FOR WASTE WATER STUDY, BE DENIED FOR REASONS STATED IN DISCUSSION. Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. • ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO BOARD OF ADJUSTMENT ) ) Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF MS MAXINE HERINGTON FROM THE BOARD OF ADJUSTMENT, BE AND HEREBY IS ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT CORA BLATTERSPEIL, BE APPOINTED TO THE BOARD OF ADJUSTMENT TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MS MAXINE HERINGTON, SAID UNEXPIRED TERM TO END JUNE 30, 1984. Councilman Damiano seconded the motion. VOTE Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 7 Councilman read the following letter "To Whom it May Concern: Please accept my resignation as of December 31, 1983, as I have other commitments which requires my presence on Monday nights. Yours truly, „oak. Maxine Herington" VOTE Unanimous The motion carried. WORK SESSION, FEBRUARY 6, 1984 EXECUTIVE SESSION, WORK SESSION - FEBRUARY 7, 1984 Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A WORK SESSION BE HELD ON FEBRUARY 6, 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 FEBRUARY 7, 1984, AT 6.00 P.M., IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion VOTE: Unanimous The motion carried CALL TO THE PUBLIC Ms Midge Conway, 902 S. Ocotillo Drive, Apache Junction, addressed the Council with complaints in regards to the zoning procedures and results in the City, and requested an opinion from the Attorney General. INFORMATION AND REPORTS i► (COUNCIL LIAISON REPORTS) Councilman Hill wished to see a Waste Water Study conducted in the future, possibly if the budget override is approved. Councilman Taylor informed the Council that there is a Zoning Ordinance Rewrite Committee meeting on January 19, 1984, at 7:00 p m , in the Community Services Building. REQUESTS OF COUNCIL None. ADJOURNMENT Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 8:05 P.M. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 8 Councilman Damiano 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, ARIZONA1 , Wendell J. Clarke Mayor ATTEST: Kathleen Connelly City Clerk f REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 1984 PAGE 9 MEMORANDUM TO: the Honorable Mayor and City Council members FROM: Dennis Eardley FE: Superstition Sands RV Resort Zoning Case PZ-43-83 DATE: January 31 , 1984 The following is an outline prepared by the developers to highlight the pro- ject and relate the benefits to the City of Apache Junction: Best and Most Reasonable Land Use Past developments have created a park corridor North and South between Broadway and 12th Avenue and East and West between Idaho and Ironwood. At present the corridor consists of only parks and vacant land. The development also conforms to the newly adopted 2001 Land Use Plan which designates areas as conventional housing only where park development is not desired. Consequently, the most reasonable use would be this type of development. Low Density Our proposed density is 9.4 units per acre or 18.8 persons per acre which con- forms to present zoning of a maximum 20 persons per acre. This density is well below the current 13 to 14 units per acre of bordering parks. Also the design allows for common open spaces of 19.5% or almost 100% greater than the required 10% of TH-PD and much greater individual lot sizes. Attractive Architecture and Site Design The project includes spacious club facilities and Spanish tile roofs. The flow of the interior streets were designed to eliminate the "barracks like" design of most parks. The wall around the common area on Broadway alternates block and wrought iron fencing that is visually attractive on Broadway eliminating the usual "tunnel affect" caused by solid walls. Economic Growth Our project is a subdivision that will attract property owners who will increase the tax base for the City of Apache Junction. Also, the new property owners will increase local spending consequently creating new jobs. The increased economic demand will raise property values. Memorandum January 31 , 1984 Page Two Attracts a Good Citizen An adult subdivision RV Resort attracts a solid citizen that is community con- scious, charity oriented and an asset to any community. This type of property owner is a low burden on public facilities such as police, schools, etc. , but is an equal contributor to public facilities through the taxing process. In summary the following reiterates the benefits: 1 ) Most reasonable and best land use. 2) Conforms to New 2001 Land Use Plan. 3) Conforms to present zoning density. 4) Quality project of this type. 5) Increases tax base. 6) Increases sales tax revenue. 7) Increases jobs. 8) Increases property values. 9) Low burden on public facilities. 10) Attracts a good citizen. In conclusion our project has been well received by both the City Planners and Engineers and would be an asset to the City of Apache Junction. Sincerely yours, Dennis Eardley, Developer 325 East Southern Avenue Tempe, Arizona DE/tk EXPERTIIE DEVELOPERS COriPORATON TEMPE, ARIZONA 85282 967-7844 JANUARY 31, 1984 APACHE JUNCTION MAYOR AND CITY COUNCEL CITY HALL APACHE JUNCTION, ARIZONA GENTLEMEN: THERE IS A ZONING CASE BEFORE YOUR COUNSEL, THE PROJECT BEING SUPERSTITION SANDS, A R. V. RESORT PLANNED DEVELOPMENT., LOCATED AT SAN MARCOS AND BROADWAY. WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO URGE YOU THAT THIS PROJECT BE APPROVED AS THE HIGHEST AND BEST UEE FOR THE PROPERTY. THIS DEVELOPMENT IS RECCOMMENDED FOR APPROVAL BY YOUR PLANNING DEPARTMENT. AS A COMPANY THAT IS LOOKING AT YOUR AREA FOR DEVELOPMENT IN THE NEAR FUTURE, IT WOULD BE IN OUR INTEREST TO SEE MORE DEVELOPMENTS OF QUALITY OF THIS TYPE APPROVED. WE HAVE AN INTEREST IN PROPERTY CLOSE TO THIS PROJECT THROUGH ANOTHER COMPANY AND CERTAINLY HAVE NO OBJECTION TO THIS TYPE OF DEVELOPMENT IN FACT WE ARE HIGHLY IN FAVOR OF SAME, FOR THE FOLLOWING REASONS: 1. DOES NOT INCREASE SCHOOL TAXES 2. BRINGS IN SALES TAX DOLLARS AND BUSINESS TO AREA. 3. ONLY 9.5 UNITS PER ACRE, LOW DENSITY. 4. RETIRED PEOPLE THAT ARE ASSETS TO COMMUNITY. 5. LOWER CRIME RATES. 6. DOES NOT ADD TO ALREADY OVERCROWED SCHOOLS. 7. FITS INTO EXISTING AREA OF R. V. PARKS. 8. PROVIDES COMFORTABLE HOUSING AND SATISFIES MARKET. .•. 9. HIGHEST AND BEST USE. 10. ASSET TO COMMUNITY, PROVIDES TAX DOLLARS, AS OPPOSED TO LOW COST RESIDENTIAL WITH CHILDREN THAT ADDS TO CITY COSTS. WE URGE THE CITY COUNSEL TO APPROVE THE DEVELOPMENT, AND NOT DRIVE THE R. V. , DEVELOPMENTS FROM APACHE JUNCTION. THIS IS THE HIGHEST AND BEST USE OF THIS PARTICULAR PARCEL OF LAND AND YOUR PLANNING DEPARTMENT HAS RECCOMMENDED FOR APPROVAL. WE LOOK FORWARD TO WORKING WITH THE CITY OF APACHE JUNCTION IN HELPING TO MAKE A BALANCED COMMUNITY, AND WILL WORK TOWARD BRINGING JOBS AND BUSINESS TO THE AREA. J THANK YOU, � _ 1 /SINCE , --AG RALD--oNaEROT -tom Industrial - Commercial - Developers ........ . 4kRiLE & LE 325 E Southern Ave Tempe, Arizona 85282 (602) 967-7844 DATE: JANUARY 29, 1984 HONORABLE MAYOR AND CITY COUNSIL OF APACHE JUNCTION 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA '... SUBJECT: SUPERSTITION SANDS SUBDIVISION R.V. RESORT; LOCATED AT BROADWAY AVE AND SAN MARCOS DR. , APACHE JUNCTION. HONORABLE MAYOR AND CITY COUNSIL: AT PRESENT OERTLE REALTY, IS WORKING WITH INVESTORS AND COMPANIES THAT HAVE AN INTEREST IN APACHE JUNCTION. I HAVE PERSONALLY TALKED WITH THE PEOPLE IN THE PLANNING DEPARTMENT AND THE CHAMBER OF COMMERCE CONCERNING SOME OF THE PROJECTS UNDER CONSIDERATION, ONE BEING A LIFE CARE CENTER, NURSING HOME AND APARTMENT RETIREMENT DEVELOPMENT CLOSE TO THIS SITE IN QUESTION. I HAVE ALSO HAD SOME DISCUSSIONS WITH CHAMBER OF COMMERCE CONCERNING BUS- INESS DEVELOPMENT, AND BUSINESS PARKS WHICH SOME OF THE COMPANIES WE REPRESENT HAVE CONSIDERABLE KNOWLEDGE. THE SUBJECT OF THIS LETTER IS OUR CONCERN FOR THE PROTESTS ARISING FROM SOME, TO A NO GROWTH POLICY FOR THE CITY OF APACHE JUNCTION. I ATTENDED A PLANNING AND ZONING MEETING AT YOUR CITY WHERE ONE PERSON PROTESTED AND THIS RESULTED IN THE CITY COUNSIL HAVING TO HAVE 75% APPROVAL FOR THIS REZONING REQUEST. THIS WOULD IN EFFECT STOP GROWTH FOR ALL PRACTICAL PURPOSES, IF ONE OR A FEW PEOPLE COULD REQUIRE 75%_COUNSIL'APPROVAL. IN AN AREA THAT HAS CONSIDERABLE VACANT LAND AND WANTS TO BE A GROWTH AREA IT SEEMS THAT TO USE BASIS OF NUMBER RATHER THAN AREA IS INCONSISTENT WITH GOOD PRACTICE. OUR CLIENTS ARE INTERESTED IN BUILDING AND DEVELOPING QUALITY PROJECTS AND BEING IN AREAS WHERE THEY ARE WANTED. WE WOULD BE INTERESTED IN THE CITY COUNSIL VIEWS ON THE ISSUES OF GROWTH. I LEFT THE PLANNING AND ZONING COMMIS- SION HEARING WITH THE THOUGHT THAT IT ,WAS THEIR WISH TOF NQ GROWTH FDR ATHE::APACHE JUNCTION AREA. THE ABOVE PROJECT IS IN AN AREA OF LIKE DEVELOPMENTS AND IS A QUALITY PLANNED PROJECT WITH MANY BENEFITS TO THE CITY AND IS NOT SPOT ZONING. IT IS A REASONABLE USE FOR THE SUBJECT LAND. WE WOULD URGE YOUR COUNSIL TO APPROVE SAME, SINCE YOUR PLANNING DEPART- MENT RECOMMENDED APPROVAL ALONG WITH THE DEVELOPMENT COORDINATING COMMITEE. IF IN FACT THE PEOPLE AND THE CITY OF APACHE JUNCTION WANT NO GROWTH AND ARE NOT INTERESTED IN FURTHER DEVELOPMENT'THEN WE WOULD SO ADVISE OUR CLIENTS, SINCE THEY DO NOT WANT TO BE WHERE THEY ARE NOT WANTED AND WOULD RESPECT THE FEELINGS OF THE PEOPLE. WE WOULD APPRECIATE HEARING FROM YOU ON THE ABOVE. 11 r SINCE , /1 /- CK OERTLE SR. 2----' i+a ROLL CALL VOTE SHEET NOTES I 1 ()2 il .� \yLVo)Y % ,v9 1 \\Y135) (\vi ' p Ab \ ' V 4 1) ITEM # MEETING 0 MOT I ON BY: SECONDED BY: YES NO ABSTAINED COuNC 1I MAN DAMIANO COI INC ILMAN HILL , CO-WIC It H TAYL9ft ._LOUNC ILklAN „SHANKS i __VI,CF MAYOR EIDSON C�U�Lr I LMAN �TFFI �� p- -tiA.YOR CLARKF UNANI!IOUS . IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 2 ( Including West Roundup) Option A 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 RESOLUTION NO . 82-67 , AB-82-13 , B : PROPOSED RESOLUTION NO . 83-66 , ( INCLUDING WEST ROUNDUP ) AB-83-21 , C : PROPOSED RESOLUTION NO . 83-67 , AB-83-67 , D : PROPOSED RESOLUTION NO . 83-68 , AB-83-23 , E : PROPOSED RESOLUTION NO . 84-01 , AB-84-1 , F : PROPOSED RESOLUTION NO . 84-04 , AB-84-2 , G : PROPOSED RESOLUTION NO . 84-07 , DECLARING EMPLOYEE SAFETY POLICIES AS PUBLIC RECORD AND H : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF JANUARY 20 , 1984" , BE AND HEREBY ARE ACCEPTED AS PRESENTED . ITEM NO . 2 (Excluding West Roundup ) Option B 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 RESOLUTION NO . 82-67 , AB-82-13 , B : PROPOSED RESOLUTION NO . 83-66 , (EXCLUDING WEST ROUNDUP ) AB-83-21 , C : PROPOSED RESOLUTION NO . 83-67 , AB-83-67 , D : PROPOSED RESOLUTION NO . 83-68 , AB-83-23 , E : PROPOSED RESOLUTION NO . 84-01 , AB-84-1 , F : PROPOSED RESOLUTION NO . 84-04 , AB-84-2 , G : PROPOSED RESOLUTION NO . 84-07 , DECLARING EMPLOYEE SAFETY POLICIES AS PUBLIC RECORD AND H : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF JANUARY 20 , 1984" , BE AND HEREBY ARE ACCEPTED AS PRESENTED . ITEM NO . 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE CONSENT r-• AGENDA BE ACCEPTED AS PRESENTED . BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS "A : PROPOSED RESOLUTION NO . 82-67 , AB-82-13 , B : PROPOSED RESOLUTION NO . 83-66 , AB-83-21 , C : PROPOSED RESOLUTION NO . 83-67 , AB-83-67 , D : PROPOSED RESOLUTION NO . 83-68 , AB-83-23 , E : PROPOSED RESOLUTION NO . 84-01 , AB-84-1 , F : PROPOSED RESOLUTION NO . 84-04 , AB-84-2 , G : PROPOSED RESOLUTION NO . 84-07 , DECLARING EMPLOYEE SAFETY POLICIES AS PUBLIC RECORD AND H : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF JANUARY 20 , 1984" , BE AND HEREBY ARE ACCEPTED AS PRESENTED . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO , 232, P7-434,3 THE APPLICANT IS OFRZIF AND FARDLEY 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 seiN COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7, ANY REBUTTAL ( IF CONTROVERSY - OR NEED - CHAIRMAN' S JUDGEMENT) A, APPLICANT B. IN FAVOR C . OPPOSED ✓G/7-c§p1/4cHse- . O.a O O ,, z 'IPIzoOs `O.ity 4 Cipache C unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 20, 1984 ... Approver for Agenda Date Item # First Reading V7/,_%11 '3 Second Reading MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL ,/- Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ Old Business ACTING PLANNING DIRECTOR `` f - New Business // Consent Agenda PREPARED BY: JULIE A. REID, PLANNING TECHINCIAN,P9 SUBJECT: REQUEST FOR AGENDA ITEM PZ-43-83 (PROPOSED ORDINANCE NO. 232) FEBRUARY 7, 1984 - PUBLIC HEARING AND FIRST READING FEBRUARY 21 , 1984 - SECOND READING AND CONSIDERATION Project Description This is rezoning case PZ-43-83, Proposed Ordinance No. 232. This is a request by the applicants John Oertle and Dennis Eardley to rezone their property from CR-3 Single Residence to Trailer Home- site by Planned Development (TH/PD) . The site is a vacant 10-acre parcel located on the southeast corner of the intersection of San Marcos Drive and Broadway Avenue in Section 29. This develop- ment is located in the Palm Springs Water Service area so that the lots can be sold. Section 33.09 - Item #1 : The subject site is designated for Medium Density (which is 8-20 persons per acre) on the General Plan. The applicants are proposing a 94-lot adult travel trailer resort subdivision. The Council may grant a 15% incentive density increase, however, this developer has not elected to ask for anything above the base zoning district. Therefore, the development complies strictly with the General Plan. Section 33.09 - Item #2: Surrounding land uses include Roadhaven Unit II (TH/PD) ; Sierra Entrada Garden Homes (CR-3/PD) ; San Marcos Estates Unit I (CR-3) ; and undeveloped land which has a pre-application submittal for Sunrise Phase II (TH/PD) . 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-43-83 (Proposed Ordinance No. 232) January 20, 1984 Page Two Section 33.09 - Item #3: All traffic from this development is to enter and exit on Broadway Avenue. The developer has been required to construct a deceleration lane along Broadway in addition to the lane required of all developers. Broadway is a section-line road and is designated as an arterial . Section 33.09 - Item #4: Because this is an adult development, there would be no impact on local schools. There are no municipal parks, so there will be no impact. There is to be a locked crash gate entrance on West 12th Avenue for emergency vehicle access. Section 33.09 - Item #5: There is to be a club house with indoor and outdoor recreational facilities. The lots are two times the size required under the trailer homesite recreational vehicle rental park section of the Zoning Code, thus providing more space around each unit. Section 33.09 - Item #6: Considerable effort has been made to preserve native plants and water courses located at the center of this development. There will be landscaping within the project and exterior to the required fencing. THERE IS A PROTEST PETITION. This petition does not meet the .•-. requirements for the local ordinance, but does meet the State requirements for a protest. The State requires 20% by number on any adjacent side. In this case, one property owner represents 25%. THIS PETITION WILL REQUIRE THE CITY COUNCIL TO PASS THIS REZONING WITH A THREE-FOURTHS VOTE. Other Information and Application Requirements Letter of Authorization: From Mark E. and Lorraine D. Burke, and Julia L. Dahmer. Date of Application: October 20, 1983 Date Application Determined Complete: December 15, 1983 Date of Advertisement: December 24, 1983 Planning and Zoning Commission Meeting Date• January 10, 1984 The Honorable Mayor and City Council Request for Agenda Item PZ-43-83 (Proposed Ordinance No. 232) January 20, 1984 Page Three Number of Property Owners 18 Number of Exempt Properties 1 Number of Affected Owners 17 Number of Signatures 10=58.82% Signatures by Affected Area 93.25% Development Coordinating Committee (DCC) Comments The companion preliminary plat (SD-10-83) was approved by the Subdivision Committee on December 15, 1983. The DCC does recommend approval of the proposed rezoning and preliminary Planned Development subject to the following corrections and additions- 1 . Name changed from "Superstition Villa" to "Superstition Sands." 2. Cross-sections need to show 5' sidewalk on Broadway and 4' sidewalk on San Marcos and 12th Avenue. 3. Broadway "Road" should be "Broadway "Avenue." 4. Centerline should be designated as "monument line. " 5. Include estimated sewage flows. 6. Show monumentation exisiting and placed by applicants' surveys. 7. Drainage report - all conflicts resolved. 8. No waterlines under units (as shown on typical ) . 9. Lighting plan - Early American interior; exterior -standard light coordinates with Salt River; project and provide fee for installation. 10. Developer should contact APS (Richard Burklund) to coordinate construction schedule. Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of January 10, 1984, after public hearing, voted to approve the following motion for denial : (M/S Taylor/Conway 3-2-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-43-83, also known as Proposed Ordinance No. 232, application of John Oertle and Dennis Eardley for their property described as, a matter of public record, requesting rezoning from CR-3 Single Residence to The Honorable Mayor and City Council Request for Agenda Item PZ-43-83 (Proposed Ordinance No. 232) January 20, 1984 Page Four Trailer Homesite by Planned Development (TH/PD) , that the Commission recommends to the Apache Junction City Council the denial of said application. "The reasons for the recommendation are:. 1 . Have substantial protests to the rezoning. 2. Insufficient stipulations in the Zoning requirements which actually would not conform to the new Planned Development Ordinance which would be coming into effect shortly in regards to Trailer Homesite by Planned Development. 3. Does not meet the requirements of Section 33.09 of the Zoning Ordinance, Subsection 1 , 2 and 4." Council Consideration Planned Development Ordinance Section 33.03.3(d) : Upon the recommendation from the Commission, the Council shall advertise and hold a publc hearing upon the request. After the conclusion of such hearing, the Council shall either: 1 . Approve the application as recommended by the Commission; or 2. Approve the conditions requiring changes or impose such conditions of approval as are in its judgement necessary to insure conformity to the criteria and the Planned Development Regulations as set forth in this Article; or 3. Shall return the plan and/or application for revision to the applicant, or 4. Shall deny the application as submitted; or 5. May refer the application to the Commission for their reconsideration and a subsequent report to the Council . Recommended Motion See attached. JAR:mas Section 33.09 GENERAL CRITERIA In addition, a planned development may be granted only if it is found that the development conforms to all of the following general criteria- 1. That the location , design, size and uses are consistent .•. with the General (Comprehensive) Plan, adopted by the City now or in the future, and with any other applicable plan, development map, or ordinance adopted by the City Council . If the development plan is found to be in the public interest, but is in conflict with the General (Comprehensive) Plan , amendment of the General (Compre- hensive) Plan shall be approved before approval may be granted for the Planned Development application. 2. That the location, design and size are such that the development can be well intergrated with its surroundings; is planned and developed with the intention to harmonize with any existing or proposed development in the adjacent neighborhood; and in the case of a departure in character from surrounding uses , that the location and design will adequately reduce the impact of the development so the project will not be detrimental to the adjacent property. 3. That the location, design, size and uses are such that traffic generated by the development, except in single- family density, can be accomodated safely without congestion on existing or planned arterial or collector streets and shall , in the case of commercial or industrial developments , be designed to attract and accommodate traffic on local arterial or collector streets. 4. That the location , design, size and uses are such that the residents or establishments to be accomodated will be ade- quately served by existing or planned public facilities and services. 5. That the location, design , size and uses should result in an attractive, healthful , efficient and stable environment for living, shopping , working and leisure activities. 6. That the development plan make appropriate provision for the preservation of the environment, both natural and man-made. ORDINANCE NO 232 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-43-83 FROM CR-3 SINGLE RESIDENCE TO TRAILER HOMESITE BY PLANNED DEVELOPMENT (TH/PD); 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. A portion of the West 2 of the West } of the West 2 of the Northeast a of Section 29, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, more particularly described as follows: Beginning at the North quarter corner of said Section 29, said point being the true point of beginning; thence S89° 56' 00" East along the north line of the Northeast ; of said Section 29, a distance of 329.91 feet to the Northeast corner of the West z of the West 1 of the West z of the Northeast a of said Section 29, thence SOO° 01' 22" West along the East line of the West 2 of the • West z of the West 1 of the Northeast a of Section 29, a distance of 1,319.86 feet to the Northeast corner of "San Marcos Estates Unit 1," a subdivision as recorded in Book 19 of Maps, Page 17, Pinal County Records; thence N89° 54' 14" West along the north line of said "San Marcos Estates Unit 1," a distance of 329 80 feet to a point on the west line of the Northeast ; of said Section 29, thence NOO° 01' 04" East along said West line, a distance of 1,319.69 feet back to the true point of beginning Said parcel contains 9 99382 acres be and hereby is amended by changing the zoning district classification from CR-3 Single Residence to Trailer Homesite by Planned Development - TH/PD. 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 3 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 .n.. r►. ORDINANCE NO 232 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 .+� sr :, _ Kathleen Connelly City Clerk APPROVED AS TO FORM Davi i A\exan'tsr� City Attorney PZ-43-83 PROPOSED REZONING FROM CR-3 SINGLE RESIDENCE TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT -t. --••• 80' 3n3 . . , - SIERRA ENTRADA GARDEN HOMES CD •-• WEST BROADWAY AVENUE f CD Cpt _ • . - • - . - . • _ . _ _ _ PROPOSED SUNR I SE - . PHASE II (TH/PD) W, 12TH AVEti CD _ . (i) UJ CD LiJ C_)Cr) cC ‹L CD (/) _ (l) 50' N (12) EXISTING ZONING SUBJECT SITE SCALE: 1" = 300' I RECOMMENDED MOTION * ORDINANCE NO. 232 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, - - ARIZONA, THAT IN ZONING CASE PZ-43-83 , application of John Oertle fi and Dennis Eardley , ALSO KNOWN AS ORDINANCE NO. 232 , 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-43-83 FROM CR-3 SINGLE RESIDENCE TO TRAILER HOMESITE BY PLANNED DEVELOPMENT (TH/PD), REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, * NOTE There is a protest petition This petition will require the City - Council to pass this rezoning with a three-fourths vote BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS - PRECEDENT TO REZONING APPROVAL `.1'" The applicant complete all corrections and/or additions as noted ,, by the DCC ' F- BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE OPTIONAL CHOICES I - _ 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 ) . / ;.e the and<•' -ert-T rors --retest _ (. .irc item r'Z-43-83, t i the rezor.in, from vh-3 ; i.r ale residcrce ,t9.%1404,:rhailer homesite . ty oLarned development. 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"J`� '-il ( (11- `� �l . . ,:k \,5 9,4, '?3:',...37 A '-! j.--)-i-/S OA 17-) ' 1 1 4':. ! ,-=" ( L-i?k •=sf� "4 ! yj-� s J / �' ;I vo I/7 6- ; • � 7\ �Vl Cr 4".il k % !r�,/r'; %' .,I.l.- )/y I ( '",,Z-,--- / /t 6 i /l eo f ('C,ter `.1\)- -3 ' cll..' / ?/c'l *vie the undersicred • c'*:erty -‘ r €-F -rotest rezorirg item FZ-43-83,, the rezoning from Cc.-3 sircle resadcrce to Th/PD trailer horresite by olarned develo^-r,ent. ber e (pr inted) Signature Address Phone_ S}C '/4 ui� /✓C/_sD�� i1'� r� .t37� S fu�� Gis J ''�/ 26 l 1!IC F1 6^-t( t;e0a--r\ .74))kLad_e_x_) x_e_i_4-1 f../.44?-4 Le F.7 s-t11 aCr"- Ii��Fr titi q.pZ Sb i N f r w.�saw /- ;41n L yEz y7� IL f 9./q) 7;2 #i Qr2ly inner S �L �co��gaiy3_r�gy DNS S A Ve'r 71z (-- 7`'1/10Z-z- , L)4rg`I Y-S 11/4 Q o 1d /4011,'dd Y r b so pe r � f 5 5 `I -6-s �/J0 Li; l gAu ji-e-1-1-1&- �� 2x_ //3 � V 9�a-3�51` .Jf1,vi�c -/12 ler-z V- - Jef/ 'J lie,u,5 e' ��ri��, Ll«- "ti 775 jc) /a `i) ve 983 4/' DEPT. '11i--- --- A/Mk AMN . I Oa WE THE UNDERSIGNED IN GENERAL ARE FOR R.V. PARKS IN APACHE JUNCTION AND IN PARTICULAR ARE FOR SUPERSTITION SANDS SUBDIVISION R.X. RESORT ON THE SOUTHEAST CORNER. OF SAN MARCOS AND BROADWAY IN APACHE JUNCTION. Altak Date Signatures Address 01-41-dt -Gli e,t) 04,C,eee .9.4/te,47,12,6Z--0‘44' #1_,t-,41-4 " _.....A ,V," 9979 CO /( ( /,' C-Vi c2 - -4-e-A-4.--- - ';--:/--- -;-7/••••/-4.'.-1--, 9 9 7 ,t. 47 9 // e l ----"1---; ' .f 1, i N - t> ,R.....Le..,„„,,_ _3--7 .7) // l I ,1 0. /4,1eg BOaZ2 i 1 It /C 4 4 Cif eli 1,11124(91,/ ie il ) ( ,/- (,.. i )4 WM-. /42i/1 :72-0 , - . .e . / /i 7L 1 .,. y ,i. -4 n -7, ,,4 7 pyp i.,... _ ,-c/ 9 , 7.,..) 4_,..., „C.A.,3(--,g—, 7 w ic4.041,,,7 „ )/3 e.L ,4r-/4_, 4, ) , ..,, d —f 957vi P;%— ,g4:,e,,,,, T4_--- ( /41 - 9 q 1 w )/1.i g, 1,1f,,e-,,f.& ///11-ite,-- - 777 1}--) 7/F /;7 „. A ----; ,---1--e_e_ .. _ 2 (-5/47/ --- ---J__,J--4--)1.-, X . -,7 I... . 7s-r-:7 .-,' i' , — ...... / // ./ '-' /.17 5-/ (14-c<(i--6,11, a V 6*c},_.:1 :"-,=1 ) / 1' . , / !i, K, ,,,71 .-2-- y :- ri zi • .,__, ....4,/- .-.----..,-__) ''./ '," "/ ...i."' ' 7.13. -1-7-,--.4 ,/ . , _ ,, ....... ..... ' , , • .... . WE THE UNDERSIGNED IN GENERAL ARE FOR R.V. PARKS IN APACHE JUNCTION AND IN PARTICULAR ARE FOR SUPERSTITION SANDS SUBDIVISION R.V. RESORT ON THE SOUTHEAST CORNER OF SAN MARCOS AND BROADWAY IN APACHE JUNCTION. ....i... Date Signatures Address -a.3 '-',5L/ /7/2414Cr7'n/lc u,•,r 1 I c-,c '-Li .1, ,,,/,( __A \-,, („,,,,„,,,, ., / / I-, 17' ('/-\:_.,, __ 7-,_ ....:, kl 7 ) . ...„,,, ---,,, , ,, - ; - (I / _(, . ,_ . , , // L . '-\I , ` I L- • ,- '- `'`-` II. --) ,c, , \ ,;,,., „ '., (-) / - , ( /„ , 7 / 2 - - ' , --- // ..-T 1.4..... t• ..„-.14,... .,,,---,1: /1 Y 1 - - ,k q (1)....„_,:, 6-e....._;„---,_ .........., - /1-- - A , -6-L - 9--c-e--- - ,g,./ / ,--)4_,.., _____„____ _,„ ( _...--, ,_,.......„...,....../11- _..,_ z z , /7 (1. ai / , , -'h- r5Y ,-7-z) c=2/-":;--z-,_, (.. , / i / ,..., / -2 ) 3/ S-)7b Aitih cZL--) .1947g 9-t-PYI A, k..., ,....),, ,-, 2-/3/1;z /\, )>,>i,o, , ir. ca ()i/.• ) ,„ . ,,,,___.p. ,...,, ,, 1/474f7aA,1 Mc/J,__(_ '.1 - I „_e_Jr, 0 a ...,--i _lo,y,__ (-,.--2:_,. -A ) 4 , „ 4 0/ p ( ...., / , --N, / , 1,-) / - , -) 7 '--\, /, '- 1, ; e,-•, .-.:/e / 'ir; --2_41\-- /-":)---- „—lt--/} /",),,r11,,/ ,/ (1 r. / Ii , ._ , . , ,,-- ,, ,.47 ,,?--,)„.,,.,__, r-, i ../ g7 4 7.-- - 2 cl c:: 71._.-e-ei e.--- Lt.) i....-0-‘,.. _C?..„ a, ),-ii),- ,..- ) , ..----1..../1"C _ cF 47i C,...!7..eZe-e----70,e/ 21C ..(..;:a-e-G-,67-e-, ,-_, WE THE UNDERSIGNED IN GENERAL ARE FOR R.V. PARKS IN APACHE JUNCTION AND IN PARTICULAR ARE FOR SUPERSTITION SANDS SUBDIVISION R.V. RESORT ON THE SOUTHEAST CORNER OF SAN MARCOS AND BROADWAY IN APACHE JUNCTION. elIN Date Signatures Address J i E r' 1-if 4E'..--,mot✓ -T 2.--^-" --":4z--• 7--C" S.`, i./ fl ,ti,s% -T /1 /ic,,41.7 f).S, c / 1 -;1 ri U `,i 1- . l i 6- / `t / 'j �r%v ),6-/ k /i /, /��i�/�:7. L; Il�c;/// i/ivL'.!J) 1 ,, hrG 1 - ( / /r-r-t-e.,..,i PJ it.:- /4/3 / , . )- (,0 /y3 -e3 3 P/ 47. ._-/-eler/jr: 11---)e-. .-.c.---4:-1.., /X'7- -g %Fr, A --(Pia( , 7,1,e,e--' 4., .___-4„... /r6 K"/6) e.c.) ---.3 - k 4^,t (fel i-.i ,d--e--Z.--, 17 to 1 (' ` o 1-rJ PI 1 . )-) - 3. c _.<41/7_,,-—-.4 �o�_f ,e4.-3- re/ -44,-, 2.2-e-r--e.e4e-,..-,--, (0,....i.,...,,,,..............„ „..., A/1? i- /-2/1(4,-, e-earr/ 6---6--"IA/' ,,,-e, 6,/f),_, _fig,, ,,_, 7 ,,` x-,,&r, fty.i...y. Cl�r.4---r�.r l�ir .,4 -i.--.) l€ems- G��.,-v-- _-�A ,/j- .,/ (- e./94,_,.___,-,------ () -,/ / J- - - ,v/ 9---/27,,t/ A, .7-z67,4 3 t_(, l;y it {.e (,( ,(L e, (1, ' / .�, ,, 7/7/ s PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803: INITIATION OF ZONING ORDINANCE Amami - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Planning Dept.the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change. If the petition is for a change of classification, there shall not • be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Coirrnission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I, Dennis Eardley , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from Cr-3 to TH-PD • LOCATION: Southwest Corner of Broadway and San Marcos LEGAL: The West half of the West half of the West half of the Northeast quarter of Section 29, Township 1 North, Range 8 East of the GSRBM, except lots 1-32 in- . SOME USES PERNTr ED IN PROPOSED ZONING DISTRICT: clusive San Marcos Estates Unit 1 • We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested. hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map . ) SIGNATURE STREET ADDRESS BOOK PAGE PARCEL • k - %;� 'r %(, /, r , V039 E. McDonald Dr. ,Scottsdale, Ariz. 102 - 08 - 8E `-��/ . -%, /, 7039 E. McDonald Dr. ,Scottsdale, Ariz. 102 - 08 - 8E 4/4/3 Gr•r14iA) , , 47- /o/- /G -oo1.6 • • • • • We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal. (NOTE: Please use Book , Page and Parcel Number as indicated on attached map . ) • SIGNATURE STREET ADDRESS BOOK PAGE PARCtL CIRCULATING VA TION •• AFF • IDAVIT • STATE OF ARIZONA . ss COUNTY OF -••,•••� • On this day of , (7/7� k6_ f , 196 , personally appeared before , who upon oath deposes and says that he s e person o cir ate d the fo oing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described•property wherein the change of districts is being requested. awc20 �.^.i.1RA A. RADMER MAR t.OrA :AJJ:41 r -% My Comm. txp,res June 26. 1984 PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803: INITIATION OF ZONING ORDINANCE AMENDMENT - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Planning Dept.the proposed amendment, a petition in favor of such change, and also the written consents of at least 51 of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change. If the petition is for a change of classification, there shall not • • be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning-district including the petitioned area before the amendment is set for public hearing. • No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I, Dennis Eardley , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from CR-3 to TH-PD • LOCATION: Southeast Corner of San Marcos and Broadway t �{ LEGAL: ectiopt,ypl oof-the Yet if ofgthc Last oxlthe°fGSiid�I;MOexcepttLots Iejx2°f inclusive SAN �t.Altub zS AL!. U an SOME USES PERVIITIEU IN PROPOSED ZONING DISTRICT• We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested. hereby certify that we do not object to the Proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map. ) SIGNATURE STREET ADDRESS BOOK PAGE PARCE yarAIs • ...-.�— M ,� ir , • ,ice 1�� /o -og• j , Jd/.w s of t ,.tee. J i r/,,e , AWA.%,/,./a Ae ` fe•/;- /0-7- 02 F - 74,2 � - a A • PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803• INITIATION OF ZONING ORDINANCE AMETT= - BY PETITION AND CONSENT. Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Planning Dept.the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change. If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the sae or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I, Dennis :i.r^ley , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from C7-' to TH-Pl LOCATION., ;otjthe?^t ;orr-er. of :ar 'a.rco^ an,1 7roa ra.•. t .1 +, ,,a r th to^1 ;12.1. n �1"{{�, ( �i�`� O^ O� Fa' '1 O',y� orl hr'8^t (� 1ary cr of LEGAL. ^+l^ Z � 1 .i�.^. ^r ?..', O_ the , ) ', excopI T C� r- j? i J l SOME USES PERMITTED IN PROPOSED ZONING DISTRICT. • We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested hereby certify that we do not object to the proposal. (NOTE. Please use Book , Page and Parcel Number as indicated on attached map . ) SIGNATURE STREET ADDRESS BOOK PAGE PARC1.1. f/a3 PR:D? E -res - 9r9N .S op Y / / /G - O )/ i�. 1y19 1v fitiv r • • A 6 , 5 „((. , •;'i .144/4(1/)/)d' .f f f-'/5.. /0.-;- D,Q - /ice APIAegg jr.(")C r4 ev1M/'SeS} 9 3 4 u. intrpoull.t.t e deli'. . l t s-oo 1 I n1- 0 8_I'-*Ti S N nA r co:, 1N 'C- i M L t� i C , 1471'r c�� Z, 1 f, f�.� 10 - p g — hp �!7t-[ ll.,��. y CIVL, /Il . 3 5 1. E.. E L"1-1 �� 1' Pt We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number •-. as indicated on attached map . ) • SIGNATURE STREET ADDRESS BOOK PAGE PARCEL , ,Z./7 jj • S- • OF PERSON CIRCULATI ETITION • AFFIDAVIT _ 1l � c) SI'A11: OF ARIlO A My Commission Expnss Dec 21, 1984 ss _ (7)1::71-1 OF P I:1,11, 19 �i 1 d.i: of. { �, F: . , ,- , personally appeared before / , who upon oath deposes and says that ! .' : ' • . • • ( 1rc••ii:!Loci the foregoing petition and that to the best of his 1 . •.: .0: •'.r• , t i r-es contained therein are those of real property : •.- t`•e e• terior boundaries of the legally described property •• ' •• ' , ' . • being requested We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map . ) • SIGNATURE STREET ADDRESS BOOK PAGE PARCE. . • • • • • SI OF Py+-TON C ITION / . • AFFIDAVIT • • STATE OF ARIZONA • COUNTY OF s s •d . On this 8 y of _,A _ , 19B, personallyappeared before ii , p reC .latt 1104 �4 /'' , who upon oath deposes and says that he is the person who circul.ted e foggoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described.property wherein the change of districts is being requested. {FIZI SEAL y] ' MAR,CGrA LulaiIY k,s My Comm.t.Ap+ (/,•C/- 1:1"er res June 26. 1984 • ,..�� ^I We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map . ) SIGNATURE STREET ADDRESS BOOK PAGE PARCEL • • • • • • • • , 5;!1;.;-F eg.4!2; • S • OF CIRCULAT • ITION • • AFFIDAVIT 'Ai, c• ... My Commission Expires Dec STATE OF ARIZONA • 21`�98� ss • . COUNTY OF PINAL ' On this C)\•-K- day of , 19 6 , personally appeared before me `AO,rr r �l�u��. �r� �J , who upon oath deposes and says that he is the person wo circulate circulateq gne foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is being requested. • 40,0 PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803: INITIATION OF ZONING ORDINANCE A - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Planning Dept.the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change. If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I Dennis Earrley , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from C'-3 to TH-PD • LOCATION: Southeast Corner of San Marcos and Broadway LEGAL: te ' es t 2 gya l; of,the Vest if of th 'Jes 11. 1. of,, 9., ;ortheai t ova rter j2 of anc�uonveBANo1ady2 ts lftj,un+ iiiey East ofhe , excep6 Ios SOME USES PERMUTED IN PROPOSED ZONING DISTRICT• • We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested hereby certify that we do not object to the Proposal. (NOTE: Please use Book , Page and Parcel Number as indicated on attached map. ) SIGNATURE STREET ADDRESS BOOK PAGE PARCEL. y�. � � tithS3 4D? ��-res - 9r7N.Sl�pl2, Dw� /at - 4 - Oo/y\X( — / -r .( . At, J sec'( •,•��°- fry /n�- o� - /3F `'�/•' , (� . _ - -2/ ?j/ /1 "nn j 1/)/2.t_ ,* F r /(Y,1/2,L, ;� ) 2 t 1:1 -,( .4 - i/ S L (4,G n tr1 / i'/7 (. ..s. /v. - .?,f - /j am • I riTION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803: INITIATION OF ZONING ORDINANCE AME2II NT - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Planning Dept.the proposed amendment, a petition in favor of such change, and also the written consents of at least 51 of the owners, by number and by area,. of all other properties any part of which is within 300 feet of the proposed ouN change. If the petition is for a change of classification, there shall not • be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless { the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. - No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I, Dennis Eardley , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from Cr-3 to TH-PD • LOCATION: Southwest Corner of Broadway and San Marcos LEGAL: The West half of the West half of the West half of the Northeast quarter of Section 29, Township 1 North, Range 8 East of the GSBBM, except lots 1-32 in- S( 1E USES PERMIT1'EU IN PROPOSED ZONING DISTRICT: clusive San Marcos Estates Unit 1 • We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested. hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map . ) SIGNATURE STREET ADDRESS BOOK PAGE PARCEL , 1 / 7039 E. McDonald Dr. ,Scottsdale, Ariz. 102 - 08 - 8E �{ l ,'S ,- /., ) 7039 E. McDonald Dr. ,Scottsdale, Ariz. 102. - OS - OE • 7 L 1 • We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do. not object to the proposal. (NOTE: Please use Book, Page and Parcel Number , as indicated on attached map .) ANN SIGNATURE STREET ADDRESS BOOK PAGE PARCEL !2 f • • SIG 1TURE OF P Ck:RCUL!C PErI AFFIDAVIT Uj Co:nri_sion Expues Dec.21, 1 4 STATE OF ARIZONA ss COUNTY OF PINAL On this �� ` day of (0- 19d , personally appeared before me `')7).j,,,,, ' �f,,�� ;�,1( �� , who upon oath deposes and says that he is the person whoJcirculaterd the foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is being requested. • ' re- I� PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803: INITIATION OF ZONING ORDINANCE A ENEMENT - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Planning Dept.the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area,. of all other properties any part of which is within 300 feet of the proposed change. If the petition is for a change of classification, there shall not • be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute ., a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I, Dennis Eardley , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from Cr-3 to TH-PD LOCATION: Southwest Corner of Broadway and San Marcos LEGAL: The West half of the West half of the West half of the Northeast quarter of Section 29, Township 1 North, Range 8 East of the GSRBM, except lots 1-32 in- SOME USES PERMITTED IN PROPOSED ZONING DISTRICT: clusive San Marcos Estates Unit 1 We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested. hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map . ) SIGNATURE STREET ADDRESS BOOK PAGE PARCEL • • • We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal. (NOTE: Please use Book, Page and Parcel Number as indicated on attached map . ) SIGNATURE STREET ADDRESS BOOK PAGE PARCE:111/ • • • • • ' • ' PERSON CIRCULATING PETIT AI IL1AVlu r ! ��,1;v nA4jl. r141,c STATE OF ARIZONA• My Commrsion Expires Dec. 21, 1984 SS • COUNTY OF PINAh • `n d On this t5G L.- day of , 19 03 , personally appeared before me 2r1 P . , who upon oath deposes and says that he is the person who circuiated�the foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is being requested. :, • 0CT 2 01983 PI At:rilsIG n. f MEMORANDUM TO: the Honorable Mayor and City Council members FROM: Dennis Eardley FE: Superstition Sands RV Resort Zoning Case PZ-43-83 DATE: January 31 , 1984 The following is an outline prepared by the developers to highlight the pro- ject and relate the benefits to the City of Apache Junction: Best and Most Reasonable Land Use Past developments have created a park corridor North and South between Broadway and 12th Avenue and East and West between Idaho and Ironwood. At present the corridor consists of only parks and vacant land. The development also conforms to the newly adopted 2001 Land Use Plan which designates areas as conventional housing only where park development is not desired. Consequently, the most reasonable use would be this type of development. Low Density Our proposed density is 9.4 units per acre or 18.8 persons per acre which con- forms to present zoning of a maximum 20 persons per acre. This density is well below the current 13 to 14 units per acre of bordering parks. Also the design allows for common open spaces of 19.5% or almost 100% greater than the required 10% of TH-PD and much greater individual lot sizes. Attractive Architecture and Site Design The project includes spacious club facilities and Spanish tile roofs. The flow of the interior streets were designed to eliminate the "barracks like" design of most parks. The wall around the common area on Broadway alternates block and wrought iron fencing that is visually attractive on Broadway eliminating the usual "tunnel affect" caused by solid walls. Economic Growth Our project is a subdivision that will attract property owners who will increase the tax base for the City of Apache Junction. Also, the new property owners will increase local spending consequently creating new jobs. The increased economic demand will raise property values. 4111.+ Memorandum January 31 , 1984 Page Two Attracts a Good Citizen An adult subdivision RV Resort attracts a solid citizen that is community con- scious, charity oriented and an asset to any community. This type of property owner is a low burden on public facilities such as police, schools, etc. , but is an equal contributor to public facilities through the taxing process. In summary the following reiterates the benefits: 1 ) Most reasonable and best land use. 2) Conforms to New 2001 Land Use Plan. 3) Conforms to present zoning density. 4) Quality project of this type. 5) Increases tax base. 6) Increases sales tax revenue. 7) Increases jobs. 8) Increases property values. 9) Low burden on public facilities. 10) Attracts a good citizen. In conclusion our project has been well received by both the City Planners and Engineers and would be an asset to the City of Apache Junction. Sincerely yours, Dennis Eardley, Developer 325 East Southern Avenue Tempe, Arizona DE/tk itE tXPERTIbt DEVELOPERS COuPORATO IC . TEMPE, ARIZONA 85282 967-7844 JANUARY 31, 1984 APACHE JUNCTION MAYOR AND CITY COUNCEL CITY HALL APACHE JUNCTION, ARIZONA GENTLEMEN: THERE IS A ZONING CASE BEFORE YOUR COUNSEL, THE PROJECT BEING SUPERSTITION SANDS, A R. V. RESORT PLANNED DEVELOPMENT., LOCATED AT SAN MARCOS AND BROADWAY. WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO URGE YOU THAT THIS PROJECT BE APPROVED AS THE HIGHEST AND BEST USE FOR THE PROPERTY. THIS DEVELOPMENT IS RECCOMMENDED FOR APPROVAL BY YOUR PLANNING DEPARTMENT. AS A COMPANY THAT IS LOOKING AT YOUR AREA FOR DEVELOPMENT IN THE NEAR FUTURE, IT WOULD BE IN OUR INTEREST TO SEE MORE DEVELOPMENTS OF QUALITY OF THIS TYPE APPROVED. WE HAVE AN INTEREST IN PROPERTY CLOSE TO THIS PROJECT THROUGH ANOTHER COMPANY AND CERTAINLY HAVE NO OBJECTION TO THIS TYPE OF DEVELOPMENT IN FACT WE ARE HIGHLY IN FAVOR OF SAME, FOR THE FOLLOWING REASONS: 1. DOES NOT INCREASE SCHOOL TAXES 2. BRINGS IN SALES TAX DOLLARS AND BUSINESS TO AREA. 3. ONLY 9.5 UNITS PER ACRE, LOW DENSITY. 4. RETIRED PEOPTR THAT ARE ASSETS TO COMMUNITY. 5. LOWER CRIME RATES. 6. DOES NOT ADD TO ALREADY OVERCROWED SCHOOLS. 7. FITS INTO EXISTING AREA OF R. V. PARKS. 8. PROVIDES COMFORTABLE HOUSING AND SATISFIES MARKET. 9. HIGHEST AND BEST USE. 10. ASSET TO COMMUNITY, PROVIDES TAX DOLLARS, AS OPPOSED TO LOW COST RESIDENTIAL WITH CHILDREN THAT ADDS TO CITY COSTS. WE URGE THE CITY COUNSEL TO APPROVE THE DEVELOPMENT, AND NOT DRIVE THE R. V. , DEVELOPMENTS FROM APACHE JUNCTION. THIS IS THE HIGHEST AND BEST USE OF THIS PARTICULAR PARCEL OF LAND AND YOUR PLANNING DEPARTMENT HAS RECCOMMENDED FOR APPROVAL. WE LOOK FORWARD TO WORKING WITH THE CITY OF APACHE JUNCTION IN HELPING TO MAKE A BALANCED COMMUNITY, AND WILL WORK TOWARD BRINGING JOBS AND BUSINESS TO THE AREA. 1 THANK YOU, /SINCE I,Y, cam-- •i ERALD LONC#EROT Industrial-- Commercial - Developers ........ . • Pc a T F ;7 i T rt) r a fa.. L LA, a. U 325 E Southern Ave Tempe, Arizona 85282 (602) 967-7844 DATE: JANUARY 29, 1984 HONORABLE MAYOR AND CITY COUNSIL OF APACHE JUNCTION 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA SUBJECT: SUPERSTITION SANDS SUBDIVISION R.V. RESORT; LOCATED AT BROADWAY AVE AND SAN MARCOS DR. , APACHE JUNCTION. HONORABLE MAYOR AND CITY COUNSIL: AT PRESENT OERTLE REALTY, IS WORKING WITH INVESTORS AND COMPANIES THAT HAVE AN INTEREST IN APACHE JUNCTION. I HAVE PERSONALLY TALKED WITH THE PEOPLE IN THE PLANNING DEPARTMENT AND THE CHAMBER OF COMMERCE CONCERNING SOME OF THE PROJECTS UNDER CONSIDERATION, ONE BEING A LIFE CARE CENTER, NURSING HOME AND APARTMENT RETIREMENT DEVELOPMENT CLOSE TO THIS SITE IN QUESTION. I HAVE ALSO HAD SOME DISCUSSIONS WITH CHAMBER OF COMMERCE CONCERNING BUS— INESS DEVELOPMENT, AND BUSINESS PARKS WHICH SOME OF THE COMPANIES WE REPRESENT HAVE CONSIDERABT,F, KNOWLEDGE. THE SUBJECT OF THIS LETTER IS OUR CONCERN FOR THE PROTESTS ARISING FROM SOME, TO A NO GROWTH POLICY FOR THE CITY OF APACHE JUNCTION. I ATTENDED A PLANNING AND ZONING MEETING AT YOUR CITY WHERE ONE PERSON PROTESTED AND THIS RESULTED IN THE CITY COUNSIL HAVING TO HAVE 75% APPROVAL FOR THIS REZONING REQUEST. THIS WOULD IN EFFECT STOP GROWTH FOR ALL PRACTICAL PURPOSES, IF ONE OR A FEW PEOPLE COULD REQUIRE 75% COUNSIL APPROVAL. IN AN AREA THAT HAS CONSIDERABLE VACANT LANE AND WANTS TO BE A GROWTH AREA IT SEEMS THAT TO USE BASIS OF NUMBER RATHER THAN AREA IS INCONSISTENT WITH GOOD PRACTICE. OUR CLIENTS ARE INTERESTED IN BUILDING AND DEVELOPING QUALITY PROJECTS AND BEING IN AREAS WHERE THEY ARE WANTED. WE WOULD BE INTERESTED IN THE CITY COUNSIL VIEWS ON THE ISSUES OF GROWTH. I LEFT THE PLANNING AND ZONING COMMIS— SION HEARING WITH THE THOUGHT THAT IT WAS THEIR WISH OF NO GROWTH FOR'THE APACHE JUNCTION AREA. THE ABOVE PROJECT IS IN AN AREA OF LIKE DEVELOPMENTS AND IS A QUALITY PLANNED PROJECT WITH MANY BENEFITS TO THE CITY AND IS NOT SPOT ZONING. IT IS A REASONABLE USE FOR THE SUBJECT LAND. WE WOULD URGE YOUR COUNSIL TO APPROVE SAME, SINCE YOUR PLANNING DEPART— MENT RECOMMENDED APPROVAL ALONG WITH THE DEVELOPMENT COORDINATING COMMITEE. IF IN FACT THE PEOPLE AND THE CITY OF APACHE JUNCTION WANT NO GROWTH AND ARE NOT INTERESTED IN FURTHER DEVELOPMENT'THEN WE WOULD SO ADVISE OUR CLIENTS, SINCE THEY DO NOT WANT TO BE WHERE THEY ARE NOT WANTED AND WOULD RESPECT THE FEELINGS OF THE PEOPLE. WE WOULD APPRECIATE HEARING FROM YOU ON THE ABOVE.) SINCE )312 , ACK OERTLE SR. ROLL CALL VOTE SHEET NOTES di,?/1 Xi) xrD ..e , 0)) ITEM # MEETING OF MOTION BY: )(VOA/1k' SECONDED BY: YES NO ABSTAINED VICE MAYOR ETDSON `/ STEELSMITH ' '+�A-R- COUNCILMAN I I Hi( / COUNCILMAN SHANKS 'V ,COUNCILMAN DAMIANO UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTALj , ..` . „dew Aglow • • o t>t 01.44, ITEM NO . 3 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 232 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO , 225, PZ-47-83 . THE APPLICANT IS SEATON 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 ..... _ PQACHF✓G O 4 k ,. ... U'I �r _ O .y- gRiZoN�, (ity o f Cipache c&unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 16, 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ ACTING PLANNING DIRECTOR �/ PREPARED BY: u;),-+JAMES A. NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-47-83 (PROPOSED ORDINANCE NO. 225) FEBRUARY 7, 1984 - PUBLIC HEARING AND FIRST READING FEBRUARY 21 , 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning Case No. PZ-47-83, Proposed Ordinance No. 225, is a request by the applicant Thelma Seaton to rezone her property from GR General Rural to Trailer Homesite Zone (TH) . The site is a developed 1 .25 acre parcel located at the northwest corner of West Greasewood Street and North Cedar Drive in Section 18. It is designated Medium/High Density Opportunity on the General Plan. Surrounding land uses include the Silverado Mobile Home Park and a house. Other Information and Application Requirements Power of Attorney: N/A Date of Application: November 8, 1983 Date Application Determined Complete: December 15, 1983 Date of Advertisement: December 24, 1983 Planning and Zoning Commission Meeting Date: January 10, 1984 Number of Property Owners 5 Number of Exempt Properties 1 /a Number of Affected Owners 4 Approver for Agenda ��) , Number of Signatures 2.5=62.5% Date Item// # Signatures by Affected Area 75% First Reading 7 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-47-83 (Proposed Ordinance No. 225) Page Two Development Coordinating Committee (DCC) Convents 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 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 January 10, 1984, after public hearing, voted to approve the following motion: (M/S Vehon/Polomskey 5-0-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-47-83, also known as Proposed Ordinance No. 225, application of Thelma Seaton 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. "Any stipulations or recommendations are: The applicant dedicate 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. Is compatible with the surrounding area. 2. Is compatible with the General Plan." Recommended Motion See attached. JAN:mas r. OR ORDINANCE NO 225 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-47-83 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, oat.. 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 ; of the Southeast 1 of the Northwest ,- of the Southwest ; of the Southwest ; of Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, 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 ttt 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 D vi F. lexande City Attorney i PZ-47-83 PROPOSED ORDINANCE NO. 225 . . g ts<.r PROPOSED REZONING FROM GR GENERAL RURAL TO TH-TRAILER HOMESITE W, TEPEE ST, I ------- -----1 1 I — T H I TH 1 1 1 _ -- 1 L-----i - ZIIIIIII a , 1111111 — ii•iw .I'll 1.ct-i -i wilmI1 r--; I TH 1 I I ————-- II —1 D CT. aill TH 111111 I 1 I TH 1 W SUPERSTITION BLVD, 11 ,74 - SUBJECT SITE N SCALE: 1"=400' 1 - LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) Ad Ilk AIM RECOMMENDED MOTION ORDINANCE NO. 225 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-47-83 , application of Thelma Seaton ALSO KNOWN AS ORDINANCE NO 225 , 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-47-83 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 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.) "aft. Amok /11116. a'.�=� �'A' i' r.•-arzu�.G`J '.F1w,h t».'�„r c. • - _ ITEM NO . 4 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 225 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO . 237, p7-44-83 , THE APPLICANT IS ELSON 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 r,, , , QACHF✓G �Riz0 ,:,,,,, ,, ,,,,, ,ity o 0 ache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 11 , 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCI) THROUGH: MICHAEL J. McNULTY, CITY MANAGER/' ACTING PLANNING DIRECTOR 7 PREPARED BY: k JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-44-83 (PROPOSED ORDINANCE NO. 237) FEBRUARY 7, 1984 - PUBLIC HEARING AND FIRST READING FEBRUARY 21 , 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning Case No. PZ-44-83, Proposed Ordinance No. 237, is a request by the applicant Stella M. Elson to rezone her property from GR General Rural to CR-5 Multiple Residence Zone. The site is a vacant 22,000 square foot parcel located on the east side of Palo Verde Drive, 300 feet north of Apache Trail in Section 19. It is designated Medium/High Density Opportunity on the General Plan. Surrounding land uses include the Elson' s Hardware Store, a trailer park, a mobile home, and a house. Other Information and Application Requirements Power of Attorney: Elson to Sullivan Date of Application: October 26, 1983 Date Application Determined Complete: December 15, 1983 Date of Advertisement: December 24, 1983 Planning and Zoning Commission Meeting Date: January 10, 1984 Number of Property Owners 18 /fir Number of Exempt Properties 18 Approver for Agenda �f Number of Affected Owners 0 Date Item 0 Number of Signatures N/A First Reading i7/S.2/ 3-- Signatures by Affected Area N/A 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-44-83 (Proposed Ordinance No. 237) January 11 , 1984 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. Potentially, the rezoning would allow eleven (11 ) dwelling units which would comply with the General Plan. The DCC does recommend stipulating the dedication of the west 2.5 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 January 10, 1984, after public hearing, voted to approve the following motion: (M/S Conway/Taylor 5-0-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-44-83, also known as Proposed Ordinance No. 237, application of Stella M. Elson for her property described as, a matter of public record, requesting rezoning from GR General Rural to CR-5 Multiple Residence 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 west 2.5 feet of the subject property for public roadway and associated purposes. "The reasons for the recommendation are: 1. It is in compliance with the General Plan." Recommended Motion See attached. JAN:mas ON Auk ORDINANCE NO. 237 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-44-83 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE 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 SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as The West I of Lot 4 and the West of Lot 5 of Block 2, Newtown Subdivision, Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from GR General Rural to CR-5 Multiple Residence 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 r. SECTION III PROVIDING FOR SEVERABILITY •virre:rlh -.e+»,ySshiaa —a .� 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 David F. Alexander , City Attorney PZ-44-83 PROPOSED ORDINANCE NO. 237 PROPOSED REZONING FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE 8A 9B C ._q 39. i 00 - 4 8C --- 0 0, 70 • 38D ® -� .. - ® ' TH ' -------- 0 36 35 69A CR 5 1 34 !) _-- 113 112 1• ;® TH 0 69 _ -,, y"s 7 114 111 '- --_ -I 115 110 109B 32 31 68 CLARENCE LANE 030 2�9 0 0 3A ® 26 66 65 w .1- - - -i 22 25 w 08 0 add 10 CB-2 1 cc 24 Q 59 -061 63 �� to I. Ahab 21 ¢ CB-2 ' �' 20 CB 2 23 ii 1 v¢i j•' I zi I ® 1z I-- } IL-------4 L-- --- - -- ------r- ---I U. S. HIGHWAY 80 11 0 COUNTY ASSESSOR's PARCEL NO, 101-02- N SCALE: 1" = 200' -J LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) SUBJECT SITE Amok RECOMMENDED MOTION ORDINANCE NO. 237 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-44-83 , application of tac _ Stella M Elson ALSO KNOWN AS ORDINANCE NO 237 , 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-44-83 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE 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. The applicant dedicate the west 2.5 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.) Agook Amok Yam,. �.�-- R*-.cS.' 'la zv'.,e'� �-✓s,,,: '.a 'S Fe. x.->>G 1 a v ,�:':.. • ITEM NO . 5 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 237, BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING 1 . THIS IS A PUBLIC HEARING FOR PROPOSED ORDINANCE NO . 255, ESTABLISHING SAFETY COMMITTEE AND SAFETY POLICIES 0.1 2. THIS AGENDA ITEM HAS BEEN BROUGHT TO OUR ATTENTION BY THE DEPARTMENT OF CITY CLERK 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 . rACHF 16,41, ,,f!: 'lb ±..„, ,vv,„„„ip,,.,;,,..,, 0 gR,Z VNP COity o Lipuche unction February 1, 1984 MEMORANDUM TO: HONORABLE MAYO illD MEMBERS OF THE CITY COUNCIL THROUGH. CITY MANAGER FROM: CITY CLERK Kt.) SUBJECT: PROPOSED ORDINANCE NO. 255 -- ESTABLISHING SAFETY COMMITTEE AND SAFETY POLICIES Proposed Ordinance No. 255 amends the City Code, Chapter 3 Administration, by establishing an eight-member safety committee and adopting safety policies for city employees . The committee, composed of one representative from each of the departments, has the responsibility of recommending safety policies and procedures to the city manager. They have been in operation since 1982, but were never officially adopted into the city code or given specific duties. This ordinance also adopts safety handbooks and guidelines to be used by all employees in general and more specific safety directions to be used by the employees in the Police Department and the Department of Public Works. This ordinance has been written with the emergency clause making it immediately operative upon adoption by the Council . If adopted by Council , copies of the safety handbooks will be distributed to all employees the day following the Council meeting. Approver for Agenda % c-' �� je�- It//em # kin FirstReading ` 70 Y Second Reading .ZfPuolic Hearing — Old Business New Business - Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 ORDINANCE NO 255 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 3 ADMINISTRATION, BY ADDING ARTICLE 3-12 SAFETY COMMITTEE AND ARTICLE 3-13 SAFETY POLICIES, 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 Article 3-12 Safety Committee be added to the Apache Junction City Code to read as follows. ARTICLE 3-12 SAFETY COMMITTEE Section 3-12-1 Committee Established Section 3-12-2 Membership and Terms of Office Section 3-12-3 Rules of Procedure Section 3-12-4 Duties and Responsibilities Section 3-12-5 Meetings Section 3-12-1 Committee Established There is hereby established a Safety Committee for the City of Apache Junction Section 3-12-2 Membership and Terms of Office The Safety Committee shall consist of a designated safety representative from each of the following areas of responsibility: Magistrate Court, Department of Public Safety, Department of Public Works, Office of Finance, Office of the City Clerk, Office of Community Services and Department of Planning. In addition, there shall be a Safety Officer appointed by the City Manager who will serve as a direct link between the Safety Committee and the employee and the City Manager Section 3-12-3 Rules of Procedure The Safety Committee shall meet on a regular basis as deemed necessary to update the City Safety Program and review its effectiveness at each level The Safety Committee will function as an advisory body to develop and recommend to the City Manager matters of policy and procedure affecting the administration of the City Safety and Loss Administration Program. �,c kaf3¢ep, x_^w.R•ks,..7 .aa 'fix Section 3-12-4 Duties and Responsibilities The Safety Committee shall have the duties and responsibilities as set forth in the City of Apache Junction Employee Safety Handbook, Safety Committee Functions, and as hereafter amended That Article 3-13 Safety Policies be added to the Apache Junction City Code to read as follows. Ordinance No 255 Page One of Two ARTICLE 3-13 SAFETY POLICIES A. That certain document entitled City of Apache Junction Employee Safety Handbook, three copies of which are on file in the office of the City Clerk, is hereby adopted by the City Council and made a part hereof by reference. /IM\ B That certain document entitled Department of Public Works Employee Safety Handbook, three copies of which are on file in the office of the City Clerk, is hereby adopted by the City Council and made a part hereof by reference C. That certain document entitled Police Policies and Procedures, Chapter 5, Policy and Ethics, three copies of which are on file in the office of the City Clerk, is hereby adopted by the City Council and made a part hereof by reference. - 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. SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. 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 DAVI F LEXANi— City Attorney Ordinance No. 255 Page Two of Two PQACHE ✓� _� -:j ;--;ESN:" amity o 4c?c/2e (2unction EMPLOYEE SAFETY HANDBOOK EMERGENCY NUMBERS AMBULANCE 982- 8260 CITY POLICE . 982-8260 COUNTY SHERIFF 982-2241 FIRE 982-2551 POISON CONTROL . . . . . . . 1 -800-362-0101 { SAFETY OFFICER . . . .982-8002 Ext.53 DEPARTMENT OF PUBLIC WORKS FORWARD We've all heard the phrase that "safety is everyone's business". No truer statement has been made. Accidents, on or off the job, cause personal injury and financial loss as well as lost time on the job. Not all accidents are preventable, but by following simple rules and by correcting hazardous conditions, accidents can be greatly reduced and in some cases eliminated altogether. • The rules contained in this handbook are designed to promote good safety habits among all City employees. This book should show the best and safest way for jobs to be done. We would like you to suggest changes and help keep pace with new safety ideas. We felt that by developing this Operations Division manual, some injuries will be prevented. As a condition of employment, all Operations Division employees are expected to familiarize themselves with this handbook. In Apache Junction safety is indeed everyone's concern -- and responsi- bility. Safe Officer Operations Supe 'sor L Director of Public Works TABLE OF CONTENTS Page General Safety Rules 1 Specific Safety Instruction Hand Tools 2 Electric Hand Tools 4 Chain Saws 5 Construction Safety 5 Excavation, Trenching and Shoring 6 Jackhammer and Portable Power Hammer Operations 8 Working in Manholes 8 Lifting Safely 9 Safety Rules 10 General Rules For Equipment Operators 10 Specific Rules For Bulldozers 10 Specific Rules For Trucks 10 Specific Rules For Rubber-Tired Loaders 11 Specific Rules For Drills 11 Specific Rules For Mechanics 12 Motor Vehicle Operations Driver's License 13 Defensive Driving 13 When Involved in an Accident While Operating a City Vehicle 13 What To Do In Case Of An On-The-Job Accident Reporting On-The-Job Safety Hazards 14 Reporting Hazards To The Public 14 Accident Prevention Suggestions 14 Employee Responsibilities 14 Supervisor Responsiblities 15 Your Safety Attitude 15 Safety Disciplinary Action 16 GENERAL SAFETY RULE All new employees should learn the safe and proper way to do their jobs. Learn the right way to do your work. That will be the safe way. If for some reason you do not fully understand a job, ask your supervisor or crew leader about it; they =are there to help you. Be sure you understand what must be done and how it should be done, before you begin a job. Think clearly and plan your actions in advance, to avoid hazards on the job. Safety rules in this handbook will help you carry out your responsibility of doing your job correctly and safely. 1. Use the right tool for the job. 2. Work at a safe speed - foolish hurry is always dangerous. 3. Report all injuries for treatment to your Supervisor. Small cuts or scratches can become infected unless they are cared for at once. First aid kits are available in City buildings and in crew leaders' vehicles. 4. Do not attempt to give first aid to an injured worker if you have not been trained to do so. Do not move a seriously injured person unless absolutely necessary to save their life, as movement could aggravate the injury. 5. Obey all warning tags and signs. They are posted to point out hazards and are for your protection. 6. Do not horseplay on the job, as this shows lack of maturity. Your Workmen's Compensation Coverage benefits will not cover you for horseplay injuries received. 7. Never allow children or other persons to play or stand around where you are working. 8. Use the personal protective equipment required by the job being done, such as safety shoes, gloves, hard hats, goggles, relectorized safety vests, etc. Make sure proper warning and detour signs are in place when working in or near traffic. 9. If protective guards or barricades are required to protect other workers or passersby, check them before beginning work. If they are removed for any reason, replace them as soon as possible. 10. The use or possession of any intoxicating beverages or drugs on the job is strictly forbiddent and will result in termination. 11. Be considerate at all times of the safety of your fellow workers and the general public. 12. Obey all safety rules and practices, and take an active part in this safety program. Encourage fellow workers to follow safe work procedures. SPECIFIC SAFETY INSTRUCTIONS The following are specific safety rules developed for various City on-the-job activities. Make yourself familiar with all of these rules and pay strict attention to those rules governing your activities. If your activities are not covered by this manual, check with your supervisor or crew leader. -1- �.. HAND TOOLS 1. Wrenches a. Be sure wrenches are adjusted to fit tightly, or are the correct size open-end or box wrenches. b. Pull, don't push, when using a wrench. c. Don't tighten a nut or bolt too much. You may strip the threads or snap the bolt. d. When stooping and using :-i wrench or when using large wrenches on heavy work, brace yourself to avoid slipping or being thrown off balance. When using a wrench lying on your back, don't let it slip and hit your face. e. Never hit a wrench with a hammer unless the wrench is made for striking. f. Don't use a pipe or another wrench extension on a wrench handle to increase leverage. This often causes stripped threads, broken bolts, sudden loosening of nuts or bolts may cause slipping of the pipe from the wrench, and broken wrenches and fingers. g. When pulling on a wrench above you, stand out of its line. h. Place adjustable wrenches so that the pull will be on the stationary jaw. 2. Screwdrivers a. Don't use screwdrivers with broken or rounded points or bent shafts. b. When using a screwdriver, place work on a solid object; never hold it in the palm of hand. c. Keep the screwdriver shank directly over the screw head. d. Never use pliers or wrenches on the shanks of screwdrivers unless they are a type especially designed to withstand the strain. e. Never carry screwdrivers in pants pockets. 3. Hand Saws a. Use each type of saw only for purposes for which it is intended. b. Start the cut carefully so the saw will not jump and strike you. c. Be sure that the materials to be cut are firmly supported or secured. When sawing horizontally, cut on the side opposite the direction in which you want the cut off parts to fall. 4. Chisels a. Wear goggles when chipping to protect your eyes. b. Hold the chisel in your hand with a steady but relaxed grip. Keep your eyes on the cutting edge and not the the chisel head. c. Clamp small pieces in a vise before chiseling them. Chip toward the stationary jaw of the vise. Chip away from yourself. d. Use the correct type of hammer required for hitting chisels. -2- 5. Punches a. Keep the points of center punches ground and the faces of starting and pin punches square. b. Don't use center punches on materials hard enough to dull or shatter the points. c. Be sure punches are held firmly in position before striking, especially on round surfaces. Strike lightly at first, then increase the force. 6. Files and Rasps a. Cut only in the forward direction. Ease pressure on the backward stroke. When teeth become clogged, clean them with a file card (a brush with short, stiff wire bristles) . b. When storing files or rasps in tool boxes, wrap each tool with cloth or paper. c. Don't use files and rasps on materials that are too hard or soft. Hard objects wear the teeth smooth. Soft objects clog the teeth. Smooth cutting faces may cause the tool to slip suddenly and injure you. d. Never hammer on files or rasps or use them for pry bars, chisels or punches. e. When filing small objects, use a vise. f. Never use a file unless a proper handle is attached. 7. Hack Saws a. Place the blade in the frame so the teeth point toward the end of the frame and away from the handle. Tighten the blade rigidly. b. Cut away from yourself, and saw with straight, long strokes, using almost the whole blade. Ease pressure on the backward stroke. c. Judge cutting speed by the hardness of the metal. Forty to fifty strokes per minute is right for metals of average hardness. A faster rate may ruin the blade. d. Don't saw objects that are too hard. Test objects for hardness with the front or rear end of the blade. 8. Pliers a. Use pliers only when no other tool will do the job. b. Don' t use pliers as wrenches. c. Use cutting pliers only for cutting soft metals, never on hardened metals or as nail pullers. d. When cutting wire that is under tension, protect yourself so the wire can't fly and strike you. When cutting wire in rolls and on bales, loaded cars, trucks and boxes, use longhandled wire cutting pliers. 9. Hammers a. Any hammer is unsafe to use if it has a split handle or a loose or heavily chipped head. b. Sledge hammer heads should be dressed whenever they begin to check or mushroom. c. A sledge hammer so light that it bounces off the work is hazardous; likewise, one too heavy is hard to control and may cause body strain. Select one of the proper weight for the work to be done. -3- 9. Hammers Cont'd. d. Claw hammers are designed for driving and drawing nails. Their shape, depth of face, and balance make them un- suitable for striking objectives such as cold chisels. 10. Axes a. Check the axe head to see that it is sharp and has no defects. A dull axe will often glance off the wood being cut and strike the user. b. Check the axe handle to make sure it is not cracked and that the axe head is securely attached. c. Be sure that others are a safe distance away from you and clear the area of obstructions (vines, limbs, brush, etc.) that may catch the axe as it is swung. d. A narrow axe with a thin blade should be used for hard wood, and a wide axe with a thick blade for soft wood. e. Axe blades should be protected with a sheath or other guard. When the blad cannot be guarded, it is safer to carry the axe at one's side in a manner that it will not strike the leg or foot when walking. The blade of a single-edged axe should be pointed down when being carried. 11. Hatchets a. Check the blade and handle for defects and make sure the head is secure to the handle. b. To start the cut, it is good practice to strike the wood lightly, then force the blade through by striking the wood against a solid block of wood. c. Use caution to protect others when using a hatchet. d. Using a hatchet to drive nails is a poor practice. ELECTRIC HAND TOOLS 1. Keep tools in good condition--cleaned, oiled and repaired. 2. Always use grounded or double insulated tools. 3. Use only approved and inspected 3-wire extension cords. 4. Always examine both the cord and connections carefully before using. 5. Never jerk an extension cord out of the socket. 6. Never hang an extension cord over nails or other sharp edges, or allow it to become kinked, or leave it where a vehicle may run over it. Wire or insulations will be damaged. 7. It is bad practice to patch any serious injury to cord in- sulation with tape. Replace the cord. 8. Wear goggles while using electric hand tools. 9. Do not use electric tools in the presence of flammable vapors or gases, or in a wet location. 10. Store extension cord in a clean, dry place where it can lie loosely coiled. 11. Remove all "trigger locks" from power hand tools. Do not use a tool if "trigger lock" is still functioning. 12. Never use electric tools having worn or damaged cords, damaged plugs, defective switches, or other defective parts which might give an electric shock. 13. Loose clothing or jewelry which may get caught in moving parts should not be worn. Rubber gloves and footwear should be used when working outdoors under wet weather conditions -4- AO_ p ELECTRIC HAND TOOLS Cont'd. 13. or wet soil conditions with an electric tool. 14. Never carry a tool by the cord, or yank it to disconnect it from a receptacle. Keep the cord away from heat, oil, and sharp edges. 15. Use clamps or a vise to hold work. It's safer than using your hand, and it frees boths hands to operate the tool. CHAIN SAWS 1. Never work alone, but other employees in area should keep a safe distance from a running saw. Have a cleared work area. 2. Wear proper personal protective equipment. 3. Always carry the saw with engine stopped, guide bar and saw chain to rear, and the muffler away from the body. 4. Stand at engine end of running saw, keeping body parts away from saw chain. 5. Place saw out-of-way when not in use. 6. Avoid "running" chain contact. (Chain should not run on bar while idling.) Adjust the clutch and carburetor to prevent this. 7. Make sure chain is not touching anything before starting. 8. Shut off engine when refueling, adjusting, cleaning, etc. Use spout can to refuel. Keep fuel in approved safety cans. 9. Never operate saw with an excessively loose chain. Keep teeth sharp. 10. Control tree fall. (Undercut 1/3 diameter on the side to which you want it to fall. Back cut about 2" above undercut and do not cut through to the undercut, but leave hingewood.) 11. Watch for dead wood in the tree which may fall during the cut. 12. Plan an escape route, shut off engine, and move away. As the tree begins to fall, move 10 to 20 feet away from the base along your cleared route. 13. Warn others in tree fall area. Do not fell trees within 150 feet of other operations unless precautions to warn personnel are taken. CONSTRUCTION SAFETY 1. Wear heavy soled safety shoes or boots; clothing suitable for the work and weather; gloves; hard hats and goggles. 2. Always watch your step. Look out for backing trucks and all moving vehicles, whether on the job or driven by the public. 3. Keep warning signs and barricades in place. Wear safety vests when working near traffic. 4. Load trucks from one side only. Watch for stones and clods falling from the load. 5. Do not mount or dismount moving equipment. 6. Do not ride equipment unless a passenger seat is provided. 7. Lower all attachments to ground when leaving machine. 8. Do not travel with bucket on endloader above tractor radiator. 9. Always look to the rear to see if the area is clear before backing-up. 10. Never pass behind equipment until eye-contact is made between operators and each others action is understood. 11. When handling form lumber, remove or bend all protruding nails. Pile lumber and other articles so they cannot fall. 12. Do not touch fallen wires -- they might be electrically charged. Use a dry wooden stick to move them and notify your supervisor. -5- /A .�. CONSTRUCTION SAFETY Cont'd. 13. If working with or near compressed air tools, wear goggles. Never point the tool or air hose at any person. 14. Never repair or adjust any machine while it is running. Per- sonnel with long hair and beards must tie or net some to pre- vent it from being caught in machinery. Persons with loose clothing must take appropriate measures to prevent clothing from being caught in machinery. Never clean machine parts or tools with gasoline. Always stop the engine before filling the tank with gasoline. 15. If a crane, backhoe, gradall or other similiar equipment is used, never walk under a load. Operators of this equipment must stay 10' away from overhead wires to avoid electrocutions. 16. When using asphalt emusion: a. Wear safety vests when working in or near traffic. Place warning signs in accordance with the Uniform Traffic Bar- ricade Manual, as required. b. Wear proper gloves and high top safety shoes. c. Make sure that kettles are on a firm level foundation and absolutely dry. d. Have a fire extinguisher handy; know how to use it. e. If hot asphalt splashes on your skin, cool it with water and then see a doctor. f. After cleaning shoes and truck body with diesel fuel, watch your step. EXCAVATION, TRENCHING AND SHORING 1. Prior to opening an excavation, it shall be determined whether there are underground installations such as sewer, water, gas lines and their location. This will be done by notifying the Operations Supervisor and Blue Stake by radio or phone. If plans are available, they should be reviewed. If it looks like a traffic light detector loop or lead-in or underground conduit will have to be cut or removed, call the City Engineer. 2. Daily inspections of excavations shall be made by a competent person. If there is evidence of possible cave-ins or slides, all work in the excavation shall cease until the necessary precautions have been taken to safe-gaurd the employees. 3. Walkways, runways and sidewalks shall be kept clean of excavated materials or other obstructions and no sidewalk shall be under- mined unless shored. SLOPING, SHORING, OR TRENCH BOXES FOR EXCAVATIONS 1. Workers in excavations over four (4) feet deep shall be pro- tected by means of cutting back the slope, shoring of the trench or the use of a trench box. 2. The sketch below shows the proper slope for different types of soil. e` O" .". O 4a }M1 k; w 2v V a(y yy a r v t l l Onp's/ / / 9rirNi/law / —' / 4�. —F,— EXCAVATION, TRENCHING AND SHORING SHORING TRENCHES Many people have been buried alive or seriously injured be- cause the sides of trenches in which they were working had no shoring. You should not take chances with your life. Take the following precautions: 1. In hard compacted ground, other than running, saturated, filled or unstable material, trenches more than four feet deep should be shored with 2" by 6" planks place vertically against the side walls of the trench, opposite each other and at frequent intervals (4' to 6') throughout the length of the trench. Whenever possible, they should extend to the bottom of the trench and should be thoroughtly braced either with screw jacks or by timbers placed at right angles to the shoring, cleated and screwed or wedged rigidly. 2. To guard against running material, use sheet piling adequately braced. This should not be less than 2" thick for trenches between four feet and seven feet deep and for trenches more than seven feet deep not less than 3" thick. 3. Trenches must be braced whenever sand or other loose soil is encountered. Keep the soil bank far enough from edge of trench to avoid excess weight and cave-ins. 4. For trenches in filled, unstable or saturated (not running) material, use sufficient sheeting to adequately hold the mat- erial in place. 5. Proper shoring of trenches is especially important near streets and railroad lines because of vibrations. 6. Use only lumber that is sound and straight. 7. Do not place excavated material nearer than 18 inches to edge of trench. 8. Keep the shoulders clear of all loose objects that might fall on you or others working in the trench. 9. Shoring systems should be inspected daily. If dangerous ground movement is apparent, all work in the excavation should be stopped until the problem has been inspected and corrected. 10. When work is in a trench three feet deep or more, adequate means of exit, such as a ladder or steps should be provided for quick escape. In long excavations, these exits should be no more than 25 feet apart. Ladders should extend about three feet above the top of the excavation and secured at the top. 11. When removing bracing, always remove the lower brace first leav- ing the upper ones until last for your protection. In unstable soil, ropes should be used to pull out jacks and braces from above. EXCAVATION WORKERS 1. Do not jump into a trench; sit on the shoulder and slide in. If the trench is more than three feet deep, use a ladder. when get- ting out of a trench, look all ways for traffic and other danger signals. 2. Keep a safe distance from other workers, to avoid danger of strik- ing them with tools. 3. Keep the shoulders of the trench free from tools, materials, stortes, and loose earth. 4. If possible, keep the soil hank between you and traffic. -7- EXCAVATION WORKERS 5. If the walls of a trench contain glass, wire and other sharp objects, remove them carefully and promptly, before, during and after working in the area. 6. Be careful not to strike electric conduits, irrigation lines or other underground systems, particularly when using a pick or an air gun in a trench or tunnel. 7. Use only tools in good condition and report tools in need of repair or replacement to your immediate supervisor. 8. Be careful to remove earth or other materials in such a way as to leave no overhangs. 9. If an overhang occurs, remove it by working from the side toward the center and always face the point of danger. 10. When resuming excavation work after heavy rains or freez- ing weather, inspect all banks for cracks and slight earth movement which may indicate the beginning of a slide. • 11. If caught in a landslide, run up the bank never down. 12. When making tunneled openings make sure that the soil is compact enough to prevent cave-ins, or that it is suit- ably braced. JACKHAMMER AND PORTABLE POWER HAMMER OPERATIONS 1. Before starting work, learn what is underneath the surface. If gas pipes, electric conduit, sewers, water mains, or other objects are in the area, get definite information of their location (blue-prints, if possible) and avoid them carefully. 2. Wear safety shoes, goggles, at all times, hard hats and/or ear protection if conditions warrant them. 3. Inspect the machine and equipment regularly, especially drill steel. Never use defective equipment and be sure to report it to your supervisor. 4. Check valves and connections carefully; be expecially care- ful when laying down the tool that the trigger cannot be operated accidentally. 5. Thoroughly examine the slope for loose rock. 6. Keep a good grip and watch your footing when drilling. 7. Never point a portable power hammer at anyone and never use the air hose as a means of practical joking. 8. Before disconnecting .i portable pneumatic too, always turn the air off at the base control valve. 9. If the job is near a sidewalk or other thoroughfare, place suitable screens to protect passers-by from flying particles. 10. Never use compressed air to blow dirt, dust, or chips from hands, face or clothing. WORKING IN MANHOLES 1. Place traffic guards around manhole. Display proper warning signs and lights. Park truck between you and traffic. 2. Notify the City Engineer in advance if a lane is to be blocked. 3. Use a proper tool to remove and replace manhole cover. 4. Never enter a manhole alone. Always have a helper who can summon help. if trouble arises. 5. If manhole is a sanitary sewer, test the manhole for absence of oxygen by an approved method. If there is a deficiency of oxygen, ventilate the manhole by using a forced air method or by opening adjacent manholes to allow air to circulate. Make -8- WORKING IN MANHOLES Cont'd. 5. sure that the air delivered to the manhole is not contami- nated by motor vehicle exhaust gases. 6. After ventilation, again test the manhole. If the air con- tent is questionable, repeat step 5 above. In case an employee is overcome by gases and needs to be lifted out of the manhole, it is best to use a lifeline. Have a helper stationed at the manhole entrance holding the lifeline. 7. DO NOT SMOKE or permit smoking about the manhole. 8. Tools left lying about the manhole are stumbling hazards. Keep surplus equipment in the vehicle or other safe location. LIFTING SAFELY Back injury occurs more often then any other type of injury. While the back is an extremely complex structure and does a remark- able job, it is one of the weaker structures in the body. A large percentage of back injuries are caused by improper lifting. The following steps will help avoid muscle twisting or more serious back problems: a. Do not attempt to lift or move an object beyond your capa- bilities. Get help. b. Plant feet firmly before the object to be lifted. Keep feet flat - a comfortable distance apart - pointing directly at the object. c. Squat down, grasp the load, keep back straight as possible, and lift with your legs. d. Be sure the load is balanced, as much as possible, so that an equal weight is held in both hands. An unbalanced load places unequal strains on the back muscles. e. Arrange the load or position yourself so that you will not have to twist while lifting. Lift the load straight up in front. f. Carry the load with a straight back. Bending backward or slumping forward means the load is too heavy to be carried safely. Get help. g. Lower the load as it was lifted - feet firmly placed and comfortabley apart, back as straight as possible. h. Lower the load carefully to avoid pinched fingers. 1. Some objects light enough to be carried by one person may really need two people to handle them because of length, bulkiness, or awkward shape. Trying to balance such an object alone can result in back strain. 2. When two or more persons lift together, one of them should give all signals. 3. Hands, feet and other body parts should be in the clear when rollers or skids are being used. One person should handle the rollers or skids. 4. Be sure to remove greasy substances from hands before lifting. -9- SAFETY RULES a. No unauthorized personnel shall be permitted on the work area. b. No unauthorized personnel shall ride on or in any vehicle owned by the company. c. All machines shall be stopped before cleaning, oiling or greas- ing is done. d. Traffic rules and signs on the job shall be obeyed. e. Sleeping on the job is strictly prohibited. f. Any person issued hearing protection shall be required to wear said hearing protective device. GENERAL RULES FOR EQUIPMENT OPERATORS a. All operators shall walk completely around their equipment, to see that no one is in the immediate area, before starting the equipment. b. All operators shall check water, oil, fuel, and tires before starting their equipment. c. Back-up alarms shall be on all mobile equipment. d. Each piece of equipment shall have an adequate fire extinguisher. e. Passengers may ride mobile equipment only when the equipment is specifically designed to accommodate passengers. SPECIFIC RULES FOR BULLDOZERS a. When leaving a bulldozer, exit from the seat platform to the track, next to the push arm, then to the ground. Never jump from the track. b. When bulldozer is stopped, it shall be parked on level ground with the blade down and gear box locked. c. Never work under blade in a raised position unless it is blocked up. d. Operators must report any malfunction to their supervisor. e. Bulldozers shall not be operated within ten feet of electrical devices or within fifty feet of area where explosives are being prepared for use. SPECIFIC RULES FOR TRUCKS a. Trucks should not be operated at excessive speeds. Operators should consider roadways, grades, clearances, visibility, traf- fic, and type of equipment when determining a safe speed. b. When working under the bed, in its dump position, the iron safety pins provided shall be used to pin the bed in the dump position. c. The existing hand rails and steps shall be used when climbing on the trucks and when leaving same. d. Trucks shall not be loaded from "blind side. " e. Machinery shall not pass over the cab of the truck with the driver inside. f. When parking on a grade, the parking brake shall be set and the wheels turned toward the berm or blocked. g. Cabs of trucks shall be kept clean and free of excess materials. h. When being loaded, the operator of the truck is to stay clear of the working loader and in sight of same until he can see that the loader is ready for him and in the correct position to load him and then he is to promptly back into the correct position to facilitate loading. -10- SPECIFIC RULES FOR TRUCKS Cont'd. i. When parking for an extended period, trucks should be parked in the level with parking brake set. j. Windshield glass shall be intact and clear so as to provide adequate visibility for the operator. k. Trucks should never be allowed to get low on fuel when operat- ing on a grade. SPECIFIC RULES FOR RUBBER-TIRED LOADERS a. Never load trucks from "blind side." b. Never cause raised bucket to pass over a fellow workers. c. When working under raised bucket, it must be blocked in position. d. Use rails and steps that are provided for entering and exiting the machine. e. All glass in cabs must be intact and clear so to give full visibility. f. Because of the extra maintenance that the bucket pins require, the greaser frequently is around this machine and the operator should always note that he is in the clear before starting the machine again. g. When not in position to load a truck or when not ready to load a truck, be sure that the waiting truck is a safe distance a- way, especially when you are backing up in your excavating maneuvers. SPECIFIC RULES FOR DRILLS a. When moving a drill, the mast shall be lowered and secured. All drill steel, tools, and other miscellaneous items shall be properly secured. b. When going up or down grades, an added precaution should be taken to insure that the drill has adequate fuel. It is very dangerous for a drill to run out of fuel on a grade. -11- SPECIFIC RULES FOR MECHANICS a. When performing any type of service on a vehicle or piece of equipment it will be tagged with a "Hands Off" tag until the necessary service has been completed. b. Hard hats and safety shoes will be worn at all times. c. When making repairs in the field a safety vest will be worn. d. When working under raised equipment necessary blocking will be used. e. When completing a Job or at the end of the shift the tools and equip- ment will be returned to their proper place. f. All oily spills will be cleaned up promptly. g. When welding a curtain will be used to shield the area. h. All explosive (flammable) liquids will be stored outside the building in a designated no smoking area. i . Oily or dirty rags will be stored in a receptacle so marked. J . When airing up a split rim the tire cage will be used. k. When using the grinder safety glasses will be worn. 1 . When painting a paint mask will be worn. m. When cutting with the torch safety goggles (cutting and brazing glasses) will be worn. n. When raising any part of a vehicle off the ground one of the remaining tires on the opposite end will be blocked on both sides. o. Designated walkways will be kept free from obstructions at all times, - 12 - MOTOR VEHICLE OPERATIONS All employees who operate City vehicles or who are compensated for mileage for their private vehicles are governed by these rules. City vehicles are to be used for City business only. DRIVER'S LICENSE All drivers must carry a valid Arizona driver's license. Any employee who uses a City vehicle and who has a driver's license suspended or revoked for any reason shall report this to the supervisor. Failure to do so may result in suspension or other appropriate disciplinary action. DEFENSIVE DRIVING Periodically, defensive driving training courses may be sche- duled for employees operating City equipment. All vehicle operators covered under this section are expected to be defensive drivers. A defensive driver is one who is aware of and adjusts driving to the conditions of light, weather, road, traf- fic, vehicle and operator; keeps continually on the alert and recog- nizes accident producing situations far enough in advance to apply the necessary action to avoid an accident; and concedes the right- of-way, regardless of the law, if it is necessary to prevent an accident. In other words, in defensive driving one drives in such a manner as to prevent accidents in spite of the incorrect or ille- gal actions of others. WHEN INVOLVED IN AN ACCIDENT WHILE OPERATING A CITY VEHICLE: 1. Immediately notify police (If outside of City limits, notify the appropriate law enforcement agency -- City police, sheriff or Department of Public Safety) . 2. Call ambulance if serious injuries are involved. 3. Do not move vehicles until told to do so by police author- ities. 4. Report any accident, no matter how slight. The operator of a City owned vehicle or other property (City or private) shall promptly notify their supervisor. 5. Obtain name, address, and driver's license number of drivers and passengers in the other vehicle and any witnesses as well as name and address of insurance carrier of the other driver. The operator of the City vehicle shall give the same information to the driver of the other vehicle. 6. If you are trained in first aid, it is your moral and legal obligation to render all reasonable assistance to any injured persons. If you are not trained, do what you can to make the injured comfortable, keep them warm, and do not move the injured person unless their life is in immediate danger. 7. State law requires that the driver involved in a vehicle accident complete a State accident report form within 5 (five) days of the accident. Forms are available at the Police Department. 8. Your supervisor shall assist you in obtaining and preparing State and City reports. REMEMBER, if you are involved in a motor vehicle accident be extremely courteous at all times. - 13 - WHAT TO DO IN CASE OF AN ON-THE-JOB ACCIDENT 1. Employee - (a) Advise your crew leader or supervisor immediately with the facts of the accident. All matters should be reported regardless of how small they marht seem to be. Call an ambulance if necessary. When calling, give your name, the nature and loca- tion of the accident, and the number of people involved. (b) Fill out City accident report forms if you are injured - give it to your crew leader or supervisor. Failure to do so could result in your loss of disability claims. Forms can be obtained from your supervisor. 2. Supervisors - Secure all the facts of the matter so you can file a complete report with the Administrative Office immediately after the occurrence. You must fill out an accident report for each accident or injury. The form should be submitted to the Operations Supervisor to review and approve before being turned into the Department Head and Administrative Office. REPORTING ON-THE-JOB SAFETY HAZARDS It is the responsibility of all employees to report any safety hazard or violations immediately to their supervisor. Any such re- ports will be handled in the strictest confidence. Failure to report a safety violation may result in serious injury or death to a fellow worker or to yourself. REPORTING OF HAZARDS TO THE PUBLIC Breaks in sidewalks, deep holes in streets, damaged drainage ditches, malfunction of traffic signal lights, line of sight obstruc- tions at intersection (trees, brush, etc.) , hazards noted in buildings, parks, pools and other recreation facilities, vandalism to City pro- perty, and other conditions noted in City property which may cause accidents to the public should be reported to you supervisor. All employees, regardless of occupation, can contribute immesurably to the welfare of Apache Junction by being alert to these hazards and report- ing them, so that they may be corrected. ACCIDENT PREVENTION SUGGESTIONS Everyone has ideas to eliminate hazards on the job. Discuss your ideas with your crew leader. You may submit your ideas in writing -- use plain paper if you like -- and your ideas will be given full con- sideration. All written safety suggestions will be reviewed for inclu- sion in the Operations Division's safety program by the Safety Officer, Operations Supervisor and the Department Head. EMPLOYEE RESPONSIBILITIES It must be emphasized that every employee also has a great respon- sibility for prevention of accidents. Each employee must: 1. Follow instructions. If the proper method of doing a parti- cular job is not known, ask the supervisor or crew leader for safe job instructions. 2. Correct all unsafe conditions or report them to the supervisor for action: 3. Keep work areas clean and orderly at all times. Poor house- keeping causes accidents and wastes time. 4. Use the right tools and equipment for the job and use them in - 14 - EMPLOYEE RESPONISIBILITIES Cont'd. 4. a safe manner. Use personal protective equipment. Report defective equipment and tools to your supervisor. 5. Report all accidents immediately to your supervisor. If injured, get medical treatment. If minor, go to City Work Shop. If serious, go to nearest hospital emergency room. SUPERVISOR'S RESPONSIBILITIES A supervisor has direct authority and responsibility for both the safe actions of the employees and the safe performance of the machines, equipment, and operations within the section. Therefore, a supervisor should: 1. Assume full responsibility for the safety of the employees. 2. Train and retrain all employees, new and old, in the safe way to do their job, and point out where hazards exist. 3. Promote safety awareness and encourage a proper safety attitude by setting a good example, by personal consulta- tion, and by attendance and participation in safety acti- vities. 4. Make sure that the necessary safety equipment and protective devices for each job are available and properly used. 5. Instruct all employees in the use of protective safety equip- ment for their own benefit. 6. Take prompt corrective action whenever unsafe conditions and unsafe actions are observed or reported. 7. Investigae thoroughly the causes of all accidents and take corrective action to prevent their recurrence, whether or not there is an injury. 8. Assure that all accidents are promptly reported, regardless of the extent of the injury or property damage. 9. Conduct frequent safety inspections of all work areas and operations in order to improve the housekeeping, eliminate unsafe conditions, and encourage safe working practices. 10. Instruct all employees regarding disciplinary policy for violations of safety rules. 11 . Take safety into consideration whenever revising a procedure, purchasing new equipment or overloading old equipment. 12. Check to make sure that all required safety equipment is available and in proper working order. 13. Encourage safety suggestions and comments from employees, adopt those that are feasible, and forward those with pos- sible general application to the Operations Safety Officer. 14. Maintain current knowledge of improved techniques and safety subjects petinent to the operations under his/her supervisor. YOUR SAFETY ATTITUDE A good safety attitude includes several things, foremost of which is a sense of responsibility and pride about yourself and your work. A safety attitude will make you check your work area for potentially hazardous conditions. You shall not take dangerous shortcuts in doing your job, because you know the best way to do the job and that is the right way and the safe way. Your safety attitude will make you listen carefully, think, and ask questions when you are given job instructions. A good safety attitude will let you work at a steady, careful pace instead of rushing through a job, expecially on a "down" day when you are not as alert as usual. Patience is another - 15 - YOUR SAFETY ATTITUDE Cont'd. part of a good safety attitude. Patience with yourself and with others will help you keep a level head for clear thinking. A good safety attitude, then, comes from your sense of responsibility and safe work habits. Nobody wants to have an accident and get injured. This hand- book has been prepared to help you develope safe work habits and a good safety attitude to avoid accidents. Use it wisely to help you do your work well -- work in which you can take pride. - 15.a - �► i SAFETY DISCIPLINARY ACTION When violations of policies, which are directly associated with saving lives, preventing injuries or eliminating suit occur, corrective action shall be immediate and positive. Disciplinary action shall be taken when any person causes injury to himself or others or destroys or damages equipment either by willfully violating safe work rules or by disregarding traffic regulations or by demonstration of an attitude of indifference or defiance. Disciplinary action will be taken in accordance with the City of Apache Junction Personnel Policies Ordinance #139, Rule XI, Section 1 and Section 2. The recommended minimum action for violations but limited to depending on the severity* of the violation are as follows: 1. The first offense - Documented oral warning with immediate correction. 2. The second offense - Written warning with loss of pay during correction. 3. The third offense - Written warning, 1-3 day suspension without pay. 4. The fourth offense - Written warning, with job termination. *Should the violation be very life threatening and very negligent the employee could be dismissed on the 1st (first) offense. Department heads shall have some latitude in determining the extent of a disciplinary action to be taken within their departments. The correction of improper performance which leads to the unsafe act required much more attention than the correction of mechanical and machine hazards. These are relatively easy for all to see, but the correction of improper or unsafe actions requires possible instruction, a demonstration of how to do the job, and following up to see that the instruction are followed. Disciplinary action resulting from safety violations shall be monitored closely by the Safety Officer, and in cases where little or no action is taken those supervisors responsible shall be required to justify their lack of action upon receipt of a query. - 16 - a Pe AC1]H F ✓(, R/ZON P Dit c aCl2e C unction EMPLOYEE SAFETY HANDBOOK EMERGENC Y NUMBERS AMBULANCE 982- 8260 CITY POLICE 982-8260 COUNTY SHERIFF 982-2241 FIRE 982-2551 POISON CONTROL 1 -800-362-010! SAFETY OFFICER . . 982 -8002 Ext.53 TABLE OF CONTENTS PAGE Safety Policy Statement 1 Safety Policy Purpose Responsibility Procedures 2 Safety Committee Functions 2 Safety Officer 3 Safety Secretary 4 Loss Prevention Responsibilities 4 Safety Officer 4-5 Department Heads 5 Supervisory Personnel 5-6 Employees 6 Loss Prevention Methods 6 Safety Inspections 7 First Aid Treatment for Sick or Injured Employees 7 Emergency Medical Treatment 7 Interaction of Medication 8 Intoxication of Employees 8 Occupational Illness and Injury Control 8 Accident Investigation 8-9 Safety Disciplinary Action 9-10 Personal Protective Equipment 10-11 Proper Dress for Work 11 Recordkeeping Employee Files 11 Safety Committee Meeting Minutes 11 Inspections 11 Accidents 11-12 Fleet Safety Driver Selection 12 Preventative Maintenance 12 Vehicle Inspections 12 Vehicle Operation 12 Emergency Preparedness 13 Liability Control 13-14 SAFETY POLICY STATEMENT It has always been the policy of the City of Apache Junction to provide a safe environment in which to live and work. It will continue to be a foremost policy of the city to provide an even safer community for all of our people. In keeping with this policy, we have established a Safety Committee to formulate and implement a formal Safety Program. The Safety Officer of the City shall chair and coordinate the activities of the Safety Committee. Members of the Committee shall consist of a safety repre- sentative from designated areas of responsibility. The Committee shall meet on a regular basis for the purpose of updating the City Safety Program and reviewing it's effectiveness at each level . The primary purpose of the Safety Program shall be the development of specific policies and regulations promoting the protection and safety of City employees, facilities, equipment and resources, as well as the protection of the General Public in its relation to City functions. Page 1 SAFETY POLICY Purpose The primary purpose of this Safety Program shall be the development of specific policies and regulations promoting the protection and safety of City employees , facilities, equipment and resources, as well as protection of the general public in its relation to City functions. In addition to the City Safety Policy, the Department of Public Safety and the Department of Public Works have safety rules which apply to their particular departments. Responsibility The Safety Committee shall have the resonsibility to formulate and implement a formal safety program. The Safety Officer of the City shall chair and coordinate activities of the Committee. Members for the Committee shall consist of a designated safety representative from the following areas of responsibility: Magistrate Court, Department of Public Safety, Department of Public Works, Finance, City Clerk, Community Services, and Department of Planning. Procedures The Committee shall meet on a regular basis as deemed necessary to update the City Safety Program and review its effectiveness at each level . The Safety Committee will function as an advisory body to develop and recommend to the City Manager matters of policy and procedure affecting the administration of the City Safety and Loss Prevention Program. SAFETY COMMITTEE FUNCTIONS The Safety Committee shall meet monthly, and attendance will be mandatory. Functions of the Committee shall include, but not be limited to, the following: 1. Plan and recommend policies and procedures effecting the development of an aggressive accident prevention program for all employees. 2. Coordinate and establish top level goals, objectives and regulations for this program to insure directives are current and complement current needs. Page 2 3. Establish an employee safety guideline handbood including general rules, regulations, and proper procedures to follow. 4. Review statistical data, records, and reports on safety matters. 5. Make safety inspections and follow-up investigations of accidents. When appropriate, file a report to the manager and department heads regarding recommendations. 6. Discuss problems and ideas concerning general and specific loss prevention efforts. 7. Develop and conduct a program of safety, health and liability inspections. 8. Enlarge the Safety Program in their respective areas. Safety Officer The Safety Officer will serve as a direct link between the employee and the Safety Committee. He will also serve as a direct link between the Safety Committee and the City Manager. The specific duties of the Safety Officer shall include, but not be limited to, the following: 1. Put safety policies and procedures approved by the City Manager into practice. 2. Formulate recommendations for safety meeting materials, new policies and procedure changes, equipment needs, and personal needs that can enhance the loss program. 3. Keep records of meetings on file. 4. Review safety suggestions presented by employees. 5. Review accident records and evaluate the progress of departmental loss prevention efforts. 6. Prepare for submission to the Safety Committee those department matters which cannot be resolved at this level together with safety promotion recommendations developed by employees within the department. 7. Review work procedures that involve the general public to attempt to foresee any dangers to the public that could be eliminated from that procedure. 8. Other duties as may be assigned. Page 3 Safety Secretary 1. Maintain minutes of meetings and distribute them to the Safety Officer, City Manager, and each department head. 2. Other duties as may be assigned. LOSS PREVENTION RESPONSIBILITIES Each City employee shall be fully responsible for implementing the provisions of this program as it pertains to the operations under his or her jurisdiction. The responsibilities listed below are minimum and they shall in no way be construed to limit individual initiative to implement more comprehensive procedures to reduce loss. Safety Officer The Safety Officer will be fully responsible for the direction and administration of the program. His duties specifically shall be: 1. Act as chairman of the Safety Committee and present recommen- dations in writing, to the City Manager, for approval and implementation. 2. Develop and maintain the loss prevention program to incor- porate the current practices and philosophies adopted as the most effective in preventing injuries, occupational diseases, vehicular collisions, liabilities and damage to equipment and material . 3. Consult directly with management personnel on loss prevention matters and provide guidance to assure effective admin- istration. 4. Prepare monthly summaries of accidents to be submitted to the City Manager and Safety Committee. The summaries should include the development of comprehensive records of accident/ injury experience and related costs, cause analysis to determine trends, problem areas and overall safety performance. 5. Make follow-up investigations when required to insure that unsafe conditions or practices identified by the Safety Committee or the department heads have been properly corrected. 6. Inform the City Manager and department heads about the status of matters affecting the loss prevention program. 7. Periodically evaluate compliance with the program within departments by making inspections of facilities for unsafe conditions and practices. Page 4 8. Act as coordinator with federal , state, and local safety officials. Department Heads Each department head has the full responsibility and authority for maintaining a safe and healthful working condition within his juris- diction. Each department head is responsible for providing the type of work environment, work procedures and service to the public that will promote to the highest extent possible the safety of the municipal employees and the general public. Therefore, each department head shall : 1. Develop and actively support a departmental safety program that will effectively reduce and control accidents. 2. Make sure that his department is in full compliance with all federal , state and local safety laws, including A.D.O.S.H. that are applicable to the department operations. Supervisory Personnel A supervisor has full responsibility for the safe actions of his em- ployees and the safe performance of machines and equipment within his operating area. The full potential of an effective safety programc an only be realized when supervisors cooperate in all phases of the program. The following is a list of the loss prevention responsibil- ities of supervisors: 1. Aggressively enforce the safety procedures that apply to the work and work area they supervise. 2. Provide adequate basic job training and safety instruction to all employees under their jurisdiction. 3. Insure that all policies herein are fully implemented for maximum safety on each job. 4. Provide continuing safety instruction while issuing daily work assignments to focus attention upon potential hazards, changes in work conditions or procedures. 5. Assure that all employees are instructed and understand the use and need for protective equipment for specific hazardous jobs. 6. Continually observe and evaluate work conditions and procedures to detect and correct unsafe conditions and practices. Page 5 7. Promptly investigate and report accidents and make certain that the recommended corrective and preventative actions are completed. 8. Assure that the necessary safety equipment and protective devices for each job are available, used, and maintained properly. 9. Establish monthly safety sessions with employees to review previous month's accidents. Employees All employees are required , as a condition of employment, to develop and exercise safe work habits in the course of their work to prevent injuries to themselves, their workers and to conserve material resources. All employees shall : 1. Promptly report to their supervisor all accidents, near misses and injuries occurring within the course of their employment. 2 Assist in the investigation of accidents in order to identify the cause and to prevent reoccurrence. 3. Promptly report to their supervisor all unsafe actions, practices, or conditions they observe. 4. Become familiar with and practice approved safe work procedures during the course of their work activities. 5. Keep work areas clean and orderly at all times. 6. Avoid engaging in horse play and distracting others. 7. Obey all safety rules and follow published work instruction. 8. Wear protective equipment when working in hazardous operation areas and/or as required by Supervisor. 9. Inspect all equipment prior to use and report any unsafe conditions to their supervisor. LOSS PREVENTION METHODS Each of the following loss prevention methods shares an important part in the overall loss prevention program. Omission of any part will mean that even minimum accident prevention cannot be obtained. Page 6 SAFETY INSPECTIONS Safety inspections shall be conducted by the Safety Officer or a safety representative and a representative of the department. Informal in- spections shall be made at a frequency to assure that hazards are kept at a minimum and safe work practices are enforced. Emphasis should be placed upon condition of facilities, equipment and machines, as well as implementation of the overall program such as: 1. Good housekeeping. 2. Use of prescribed protective equipment. 3. Compliance with published department work rules. 4. Qualification of drivers and condition of vehicles. 5. Proper storage of flammable liquids and maintenance of fire fighting equipment. 6. Proper guarding of open pits, ditches, tanks, etc. 7. Proper maintenance of electrical equipment, power tools, and hand tools. 8. Administrative compliance with this manual and other pertinent directives. First Aid Treatment for Sick or Injured Employees 1. All injuries or illness, regardless of how minor, shall be reported, and the supervisor shall send the injured employee to seek first aid or medical treatment, if warranted. (See form #125 and Supervisory Report #64-100. ) 2. The Safety Officer and department head shall be notified immediately of all disabling and probable disabling injuries. Emergency Medical Treatment In the event of a serious injury requiring immediate medical treatment, administer first-aid as necessary and call for the paramedics . Each department should have first-aid trained personnel . Page 7 Interaction of Medication Any employee taking medication prescribed by a physician which may impair their job effectiveness shall not be permitted to work until treatment is complete and the effect of the medication has dissipated. Any employee that has an illness which may cause dizziness, black-outs, double vision or other abnormal reactions, but is medically controlled, shall not work in areas where they may injure themselves or others. Intoxication of Employees An employee reporting to work, who is obviously under the influence of alcohol or drugs, shall not be permitted to work that day or shift and shall be subject to disciplinary action. Upon evaluation of the facts and confirmation of a violation of work rules , the employee may be dismissed in accordance with personnel policies. Occupational Illness and Injury Control There are several steps which may be taken to reduce the possibility of occupational illness and injuries. At the present time, it is not a policy for the City of Apache Junction to require pre-employment physicals with the exception of police officers. However, 1. An injured employee who has recently received medical attention must have medical approval before returning to work when there is doubt as to the employee's physical well-being following absenteeism because of illness, injury, or any other reason. 2. A doctor's statement is required when an employee has been absent three or more days. The physical fitness of employees is a prime requisite in preventing a significantly large number of personal injuries. All employees should be encouraged to seek regular exercise activity by their employer. Accident Investigation Investigation of any accident is an invaluable tool in controlling losses. Each accident must be considered a total loss unless its true cause is objectively determined and all contributing deficiencies are corrected. Thorough investigation, recording and corrective follow-up of each accident can be time consuming but are important if we are to learn from the experience. 1. Every injury shall be reported to the supervisor and an investigation made by that supervisor as soon as possible after it has occurred. The investigation shall be in the report form established by the Personnel Office. The following procedures shall be adhered to as closely as Page 8 possible. a. Check the scene. Begin where the accident occurred and reconstruct as much as possible. Also take pictures if at all possible. b. Collect the evidence. If an injury or near miss occurs when machine parts or structures fail , it is essential to de- termine what failed and why. c. It is important to interview witnesses at the scene immediately or as soon thereafter as possible. d. Interview the victim. If the injury is minor, the inter- view should be made as soon as possible. If the injury is serious, selecting the right time is a judgement factor and it must be considered. e. Weigh the evidence and make recommendations upon remedies to eliminate reoccurrances. SAFETY DISCIPLINARY ACTION When violations of policies, which are directly associated with saving lives, preventing injuries or eliminating suits occur, corrective action shall be immediate and positive. Disciplinary action shall be taken when any person causes injury to himself or others or destroys or damages equipment either by willfully violating safe work rules or by disregarding traffic regulations or by demonstration of an attitude of indifference or defiance. Disciplinary action will be taken in accordance with the City of Apache Junction Personnel Policies, Ordinance No. 139, Rule XI, Section I and Section II . The recommended minimum action for violations, but not limited to, depending on the severity* of the violation are as follows: 1. The first offense - documented oral warning with immmediate correction. 2. The second offense - written warning with loss of pay during correction. 3. The third offense - written warning, 1-3 day suspension without pay. 4. The fourth offense - written warning with job termination. *Should the violation be very life threatening and very negligent, the employee could be dismissed on the first offense. Department heads shall have some latitude in determining the extent of a disciplinary action to be taken within their departments. Page 9 The correction of improper performance which leads to the unsafe act requires much more attention than the correction of mechanical and machine hazards . These are relatively easy for all to see, but the correction of improper or unsafe actions requires possible instruction, a demonstration of how to do the job, and following up to see that the instructions are followed. Disciplinary action resulting from safety violations shall be monitored closely by the Safety Officer. The inaction of the supervisors re- sponsible shall be reported to the City Manager. Personal Protective Equipment The designation and use of protective equipment for all jobs which have an inherent injury potential shall be specified by the departmental safety rules, if any. Detail specifications for the design, purchase, and use of all protective equipment shall be coordinated among authorized department personnel and supervisors. Employees shall be fully accountable for the use of specialized protective equipment provided by the employer. Equipment listed should be worn when hazards as described exist: 1. Hard hats to protect against falling or flying objects, head bumping situations or electrical conductors. 2. Goggles, face shields or safety glasses to guard against flying debris and welding sparks. 3. Approved ear plugs or ear muffs to guard against prolonged exposure to noise exceeding sound tolerance levels as defined by law or excessive noise exposures. 4. Respirators, gas masks and self-contained breathing apparatus to protect employees against toxic or abnormal atmospheric conditions. 5. Safety shoes to protect feet against possible injury. 6. Reflective vests or bright articles of clothing to increase visibility of workmen or police officers while working in or around traffic lanes. 7. Protective clothing such as gloves, sleeves, aprons, leggins, and full suit to protect against lacerations, abrasions, bumps, heat or melted metals. Page 10 When the use of personal protective equipment has been specified for hazardous work, its use shall be mandatory, and the equipment shall be kept in a well maintained condition . Supervisors shall be held accountable for employees allowed to work without compliance. Enforcement can be made easier by educating employees on the reasons for using or wearing the articles and the possible injuries that can result when the need is ignored. Proper Dress for Work Each employee shall wear clothing suitable to the job he is performing at all times. Suitable clothing means clothing that will minimize damage from moving machinery, hot or injurious substances, sunburn or other harmful agents. Individuals required to wear breathing devices in toxic atmospheres shall be clean shaven where the mask contacts the face. Employees working in hazardous areas shall not wear tennis shoes, loafers or sandals. RECORDKEEPING Employee Files A file should be kept for each municipal employee by the Personnel Department. This file should include, but not be limited to the following: job application , accident history and notices of disci- plinary actions. Records of medical treatment during employment are kept by the Personnel Department. Safety Committee Meeting Minutes Copies of the Safety Committee meeting minutes should be kept by the Safety Officer and a copy sent to the City Manager . Departmental Safety Meeting minutes should be kept with the department head and a copy should be sent to the Safety Officer. The original minutes shall be kept in the City Clerk's office. Inspections All department heads are responsible to keep inspection reports of their areas of responsibility on file. Accidents There are several types of forms which must be completed and filed with the particular authorities . In the case of on-the-job injuries or illnesses, the Employer' s Report of Industrial Injury must be completed and forwarded to the Safety and Claims Department within 72 hours ; these forms are completed by the Personnel Office upon receipt of the Page 11 Supervisor ' s Report of Industrial Injury. A Supervisor's Report of Industrial Injury shall be filed with the Personnel Office regardless of the severity of the injury. In the case of a vehicle accident, the Police Department must be notified immediately so that they may in- vestigate. In addition, a city accident report must be filled out (see attached) by the driver or his supervisor and forwarded to the Personnel Office. In the event of occupational death or the hospital- ization of five or more employees, the Industrial Commission must be notified within 48 hours of the accident occurrence and the Safety Officer shall be notified immediately. FLEET SAFETY Driver Selection The selection of employees who will be required to drive full or part-time should be done with care. Drivers of municipal vehicles can be considered qualified when they meet the following criteria: 1. Possess a valid Arizona driver's license of the proper class. 2. A review of their traffic record shows that they do not pose an unreasonable risk. 3. Successfully pass a road test administered by their supervisor where required by their department. Preventative Maintenance Establishment of a preventive maintenance program for all municipal vehicles is essential . Record jackets should be maintained on all vehicles so that a log can be maintained on all planned maintenance as well as repairs made from noted defects. Vehicle Inspections Each vehicle or piece of equipment shall be inspected on a daily basis by the operator. Each operator is responsible for the safe condition of the equipment. Any vehicle having steering or brake problems is not to be operated until repairs have been made. Vehicle Operation All city vehicles and equipment are to be operated in a safe manner and adhere to all applicable laws. The operator is totally responsible for the safe operation of the equipment. The vehicle operator shall report any accidents or damage immediately to the supervisor. Page 12 EMERGENCY PREPAREDNESS An emergency action plan is a plan describing what the employee life safety hazards are and what actions the employees must take in a life or injury threatening emergency. The City would be responsible for setting up this plan and training programs to facilitate the imple- mentation of the plan. These plans should include: 1. Escape procedures and assignments. 2. Rescue and first aid duties. 3. Fire fighting procedures and assignments. 4. Means of reporting and the establishment of acceptable backup methods. 5. Establishing a means of alarm or warning. 6. Establishing a list of persons who may be contacted for further information or explanation of duties. 7. List procedures to be taken to notify the proper authorities. LIABILITY CONTROL Municipal resources may be severely depleted by liability suits. It is, therefore, necessary that the City protects itself from property risks, fidelity risks, contratual liabilities and tort liabilities. Property risks may be assessed by a written survey identifying exposures in order to avoid overlooking assets and the City should take steps necessary to minimize the impact of these possible losses. Fidelity risks are the loss or destruction of money or securities due to theft, or dishonest or improper appropriation or use of public funds . The prudent use of audits and financial review will reveal where and when the fidelity risks are present. It would be advan- tageous to keep money or securities in a fireproof safe or store valuable papers in a second site. Contractual liabilities are likely to arise by the improper inspection of contracts entered into with others. Contracters and subcontractors are to file a certificate of insurance and sign a hold harmless agreement with the City. Also with the City named as an additional insured on the contractor and subcontractor's insurance policy. Tort liabilities often result from alleged actions, errors or ommissions by City employees . Several methods may be used to reduce this risk: Page 13 1. Pre-employment physicals. 2. Access to psychological counseling. 3. The establishment and use of procedural manuals to minimize the possibility of negligence. Page 14 ••. p 4 r POLICY and ETHICS TABLE OF CONTENTS 5. 00 ORGANIZATION FOR COMMAND 5. 01 CHAIN OF COMMAND 5. 02 UNITY OF COMMAND 5. 03 RANK OF POLICE PERSONNEL 5. 04 AUTHORITY OF RANK 5. 05 SUPERVISORS 5 . 06 MANNER OF EXERCISING AUTHORITY 5. 07 CONFLICT OF ORDERS 5. 08 GRIEVANCES 5. 09 TIME OF DISCIPLINE 5 . 10 SUGGESTIONS FOR THE GOOD OF THE OFFICE 5. 11 EXTENT OF SUPERVISION 5. 12 IMPLEMENTATION OF SUPERVISION 5. 13 SUPERVISORAL IDENTITY 5 . 14 RESPONSIBILITY FOR COMPLETION 5. 15 CHAIN OF RESPONSIBILITY 5. 16 SUBORDINATE SUPERVISORS 5. 17 ORGANIZATIONAL CONTROL 5. 18 DELEGATION OF AUTHORITY 5. 19 ASSIGNMENT FOR EFFICIENCY 5. 20 MANNER OF GIVING ORDERS AND INSTRUCTIONS 5 . 21 RESPONSIBILITY OF SUBORDINATES 5. 22 EVALUATION OF SUBORDINATES WORK 5. 23 DEVELOPMENT OF ACCEPTABLE ATTITUDES 5 . 24 RELATIONSHIP WITH SUBORDINATES 5. 25 WLEFARIS OF SUBORDINATES 5. 26 REPORTS OF SICKNESS 5. 27 DEPARTMENT POLICY AND PROCEDURES 5. 28 GENERAL BEHAVIOR 5 . 29 OBEDIENCE TO LAWS, ORDERS, AND REGULATIONS 5 .30 PERSONAL DAYS 5 .31 DISCIPLINARY REASONS 5 32 DISCIPLINARY ACTION 5. 33 CODE OF DISCIPLINE 5. 34 MITIGATING OR AGGREVATING CIRCUMSTANCFS 5. 35 TIME LIMITS 5. 36 BOARD OF INQUIRY 5. 37 CONDUCT TOWARD OTHERS 5. 38 USE OF FORCE 5.39 REPORTING THE USE OF FORCE 5 .40 DISORDERLY CONDUCT 5. 41 USE OF ALCOHOL 5. 42 USE OF DRUGS OR NARCOTICS 5. 43 SMOKING 5. 44 SLEEPING ONtDUTY 5. 45 GAMBLING - CARD PLAYING 5.46 LOITERING 5.47 IMMORAL CONDUCT 5.48 BRIBES - REWARDS - LOANS - GIFTS 5.49 FINANCIAL OBLIGATION 5 . 50 INCURRING LIABILITY AGAINST THE CITY 5. 51 CARE OF CITY PROPERTY/EQUIPMENT 5. 52 RETURN OF CITY PROPERTY/EQUIPMENT 5. 53 PROPERTY DAMAGE 5 . 54 MONEY AND PROPERTY OF OTHERS 5 . 55 MISAPPROPRIATION OF PROPERTY 5. 56 SAFEGUARDING MONEY, PROPERTY, AND EVIDENCE 5 . 57 TAMPERING WITH EVIDENCE 5. 58 FALSE STATEMENTS 5. 59 STATEMENTS DURING INTERNAL INVESTIGATIONS 5. 60 REPORTING INFORMATION 5. 61 CONFIDENTIAL INFORMATION 5. 62 SAFEGUARDING PERSONS IN CUSTODY 5 . 63 RECOMMENDING ATTORNEYS AND/OR BONDSMEN 5. 64 PERFORMANCE OF DUTY 5 . 65 INCOMPETENCE 5 . 66 DUTIES OF POLICE PERSONNEL 5 . 67 DUTIES OF ALL EMPLOYEES 5 . 68 CONFORMANCE WITH OFFICE POLICY AND PROCEDURE 5 . 69 HOURS OF DUTY 5 70 OFF DUTY INCIDENTS 5. 71 FIREARMS AND CREDENTIALS 5 . 72 PUNCTUALITY 5. 73 ABSENCE 5. 74 PERSONAL INFORMATION 5. 75 TELEPHONE 5. 76 PERSONNEL INVESTIGATIONS 5. 77 POLYGRAPH 5. 78 OUTSIDE EMPLOYMENT 5. 79 PUBLIC RELATIONS 5.80 PUBLIC APPEARANCES , WRITING, ETC . 5. 81 PRESS RELATIONS 5 . 82 USE/OPERATION OF CITY VEHICLES 5. 83 EMERGENCY/CODE 3 OPERATION OF POLICE VEHICLES 5. 84 UNAUTHORIZED PERSON IN CITY VEHICLE 5.85 USE OF CITY VEHICLE OUTSIDE CITY LIMITS 5. 86 ACCIDENTS OR DAMAGE 5.87 WEAPONS IN UNATTENDED VEHICLES 5. 88 OFFICIAL COMMUNICATION 5. 89 SIGNATURES ON OFFICIAL COMMUNICATIONS 5. 90 SPECIAL ORDERS 5. 91 FALSE INFORMATION IN RECORDS 5. 92 REMOVAL OF RECORDS 5. 93 USE OF COMMUNICATION E0UIPMENT 5. 94 HANDCUFFING PRISONERS 5 . 95 CURSORY SEARCHES IN THE FIELD 5 .96 TRANSPORTING FEMALES 5. 97 POLITICAL ACTIVITY 5. 98 POLITICAL AND RELIGIOUS DISCUSSIONS 5. 99 DISTURBANCES 5. 100 USE OF FIREARMS 5. 101 PREAMBLE TO THE POLICY 5. 102 NECESSITY THAT OFFICERS BE ARMED 5. 103 PROTECTION OF GENERAL PUBLIC 5. 104 MINIMIZING THE RISK OF DEATH 5. 105 THE USE OF DEADLY FORCE 5. 106 JUSTIFICATION LIMITED TO FACTS KNOWN TO OFFICER 5. 107 WARNING SHOTS 5. 108 DRAWING OR EXHIBITING FIREARMS 5 .109 DISCHARGE OF A FIREARM 5. 110 HANDLING OF FIREARMS 5.111 AMMUNITION 5 . 112 RANGE POLICY AND SHOOTING REQUIREMENTS Ask S. 5 113 PURSUIT OF VEHICLES 5. 114 INITIATING PURSUIT 5 . 115 SHIFT SUPERVISOR 5. 116 ASSISTING UNITS 5 . 117 BARRICADING ROADWAYS 5. 118 SHOOTING AT VEHICLES 5. 119 RAMMING/BUMPING 5. 120 UNMARKED UNITS 5 . 121 AUTHORIZED PERSONS IN VEHICLE ti rr p OLICY AND ETHICS ADMINISTRATIVE PRINCIPLES 5 00 ORGANI?ATIOPT FOR CM"AND Lines of control are established in conformity with the official organization of the Police Department to - ---Permit delegation of authority ---Place responsibility ---Provide for supervision of operations ---Provide for coordination of effort 5. 01 CHAIN OF COM AND The Chain of Command shall be respected in all matters Information and communications shall move up and down through channels , or laterally with prior approval . It shall be the responsibility of each level to forward in- formation and communications to the next higher or lower level together with approval , disapproval , recommendation or action taken. 5 . 02 UNITY OF COMMAND Each individual , unit , and situation is under the immediate control of one person The Principle of command responsi- bility is in effect (each supervisor is responsible for his subordinates) . The Chain of Command, descending from the Chief of Police and ascending from the lowest rank, shall be preserved. Members shall not by-pass their supervisors except as set forth in these Rules and Regulations . Members shall not directly take matters to the Chief of Police or Division Commander which would ordinarily be taken up with their immediate supervisors , unless it is a matter of which the supervisor has no official concern. If a member of the Department believes that he has been subjected to an unfair decision by his immediate super- visor, he may request that the matter be reviewed by the next higher supervisor in the Chain of Command. 5. 03 RANK OF POLICE PERSONNEL As peace officer , certain members of the Office have a special responsibility to act or take command in situations calling for law enforcement action. These situations may be regular operations such as the command of a District or an emergency situation such as a disaster . Personnel are distinguished by rank, which is assigned in terms of level of responsibility within the Chain of Command. The descending order of rank in the Police Department for Police personnel is as follows : ---Chief of Police ---Captain ---Lieutenant ---Sergeant ---Patrolman 5. 04 AUTHORITY OF RANK The authority delegated or granted to police personnel is not confined to their respective divisions but shall include supervision over any subordinate members of the office when necessary for efficient administration or when the conduct of subordinate members is contrary to office policy and regulations This authority should be exercised with utmost discretion . Members having rank should avoid giving direct commands to personnel not assigned to their control except when an emergency arises or for the good of the office. When such action is re- quired, the respective unit commander shall be informed as soon as practical . 5. 05 SUPERVISORS Members designated as supervisors by virtue of their rank or classification shall , in conformance with office policy and regulations, be responsible for the work and conduct of subordinate personnel and maintain morale among his subordinates . The various supervisory levels within each division define the scope of responsibility for each supervisory position. Supervisors having rank also have the responsibility and authority delegated to such rank in addition to their supervisory and responsibility. For civilian personnel who are supervisors , the scope of responsibility is limited to the functions directly assigned to them and does not extend to members not regularly under their direct supervision In the absence of the regular supervisor and when no one has been specifically designated as the acting supervisor, responsibility for supervision shall pass to the member having the next highest rank or classification. When two or more members of the same rank are next in line, the member having the most seniority in the rank shall be the acting supervisor. 5. 06 MANNER OF EXERCISING AUTHORITY Authority in the office shall be exercised with firmness and impartiality. Under no circumstances shall personal attitudes influence decisions . 5. 07 CONFLICT OF ORDERS In the event of a conflict of orders , members shall respectfully call such conflict to the attention of the supervisor giving the last order . Should the latter not change his order, the order shall be obeyed. The employee shall not be held responsible for disobedience of any former order or for any violation of the rules in obeying the last order given. 5 . 08 GRIEVANCES An employee 's grievance must be in writing and set forth a clear indication of unfairness resulting in harm or damage to him; indicating that it arises out of an act of omission of management related directly to working conditions or to the employment relationship . It must show that the grievance concerns a matter within the control of the Department head and state the relief sought and this relief must he within the authority of the Department head to grant in whole or in part 5. 09 TIPS OF DISCIPLINE A supervisor shall not censure a subordinate in the presence of others but shall take the necessary corrective action as soon as possible. When action beyond a verbal reprimand is deemed necessary, the subordinate shall be informed of the action being taken. 5. 10 SUGGESTIONS FOR THE GOOD OF THE OFFICE All suggestions for the good of the office shall be written and addressed to the Division Head through the Chain of Command. SUPERVISION 5. 11 EXTENT OF SUPERVISION Each and every employee shall have a supervisor (with the exception of the Chief) , namely the person next above him in the Chain of Command The supervisor is accountable for the proper execution of every order and supervises such execution by. ---personal presence ---established rules ---instruction given ---delegation of authority, and ---exemplary conduct and appearance. 5. 12 IMPLEMENTATION OF SUPERVISION Supervision shall be implemented by• ---regular inspections ---incident reports , and ---inspection of reports 5. 13 SUPERVISORAL IDENTITY Every supervisor shall at all times know whom he is supervising . Every member shall know his supervisor . 5 . 14 RESPONSIBILITY FOR COMPLETION Each supervisor shall take all reasonable steps to deter- mine that his subordinates perform their duties completely and promptly and in compliance with the rules and regulations of the Office. 5. 15 CHAIN OF RESPONSIBILITY Each supervisor shall assume ultimate responsibility for the supervision of all employees subordinate to him in the Chain of Command. He shall not divert his responsibility . 5 . 16 SUBORDINATE SUPERVISORS Each supervisor shall strive to create and maintain high morale among his subordinate supervisors . He shall evaluate the quality and quantity of supervision exercised by them. 5. 17 ORGINIZATIONAL CONTROL Each supervisor shall by act , manner and attitude promote understanding of all procedures essential to effective organizational control . He shall convey to all his sub- ordinates the intent and spirit of all orders and directives . 5. 18 DELEGATION OF AUTHORITY Supervisors shall make suitable and clearly defined delegations of authority so that maximum effic,_ency may be achieved. 5. 19 ASSIGNMENT FOR EFFICIENCY Supervisors shall accurately match the capabilities of their subordinates with the requirements of assignments to be executed as nearly as possible. 5 . 20 MANNER OF GIVING ORDERS AND INSTRUCTIONS Each supervisor shall use tact and diplomacy in giving orders and corrective measures in order to inspire con- fidence and industriousness in his subordinates He shall carefully test the understanding of instructions to ensure that subordinates fully understand what they are to do and how to do. 5 . 21 RESPONSIBILITY OF SUBORDINATES Each supervisor shall be aware of the progress of his sub- ordinates and assist them by counsel , advice, direction, and example. He shall recommend solutions to problems when they arise . When an investigation is conducted in response to com- plaints about the actions of a named employee, the super- visor conducting the investigation is a direct representa- tive of the Chief and acts for him. The supervisor con- ducting the investigation shall be responsible for notifying the concerned employee of the conclusion and of the final results of the investigation. 5. 22 EVALUATION OF SUBORDINATES WORK Each supervisor shall be fair and impersonal in evaluating the performance of his subordinates . 5. 23 DEVELOPMENT OF ACCEPTABLE ATTITUDES Each supervisor shall he responsible for the development of proper attitudes by his subordinates in their dealings with the public and ensure that level is maintained 5. 24 RELATIONSHIP WITH SUBORDINATES Each supervisor shall strive to maintain a high level of morale and respect through a friendly but reserved conduct toward his subordinates and shall set a good example . 5. 25 WELFARE OF SUBORDINATES Supervisors shall strive to assist subordinates and im- prove their welfare when a situation dictates . Included in the employee 's welfare is when a serious injury, illness or death occurs in their family at which time that con- cerned employee shall be granted a leave upon request . The immediate supervisor shall submit a memo through the Chain of Command reference the situation. 5. 26 REPORTS OF SICKNESS Each supervisor shall determine the authenticity of sick- ness or injury reported by or in behalf of subordinates . 5. 27 DEPARTMENT POLICY AND PROCEDURES Supervisors shall ascertain that employees in their control are aware of the existence of the Office 's "Policy and Procedure Manual", and the location where a copy or copies are available for their use. Supervisors shall determine that their subordinates main- tain a current Manual . CONDUCT - GENERAL 5. 28 GENERAL BEHAVIOR A member shall not act or conduct himself whether privately or officially in such a manner as to bring discredit upon himself or the Police Department . 5 . 29 OBEDIENCE TO LAWS, ORDERS , AND REGULATIONS ---Employees shall not violate any Federal Statute, State Law or local ordinance. ---Employees shall strictly obey and properly execute any lawful order issued by any supervisor of higher rank ---When assigned to duty with other members of the Depart- ment , an employee shall be jointly responsible for com- pliance with rules and regulations and proper per- formance of duty. ---Employees who violate any departmental policy or pro- cedure shall be subject to disciplinary action. The commission or omission of any other act contrary to good order and discipline shall be the subject of discipli- nary action. 5. 30 PERSONAL DAYS An employee receiving a suspension for disciplinary reasons may work his regular off-days as the disciplinary time. However, this is at the discretion of the Chief and shall be noted at the time of suspension. 5 . 31 DISCIPLINARY REASONS Any employee with permanent status may be removed only for cause. The following constitute cuase for discipline of dismissal of an employee. ---Fraud in securing appointment ---Incompetency ---Inefficiency ---Improper attitude ---Neglect of duty ---Insubordination ---Dishonesty ---Drunkenness on duty 5. 32 DISCIPLINARY ACTION Disciplinary action may take one of the following forms : (1) Oral reprimand by the employee 's supervisor or other superior. (2) Oral Reprimand with a written memorandum placed in the employee ' s personnel file. (3) Report of Unsatisfactory Performance. (4) Suspension not to exceed 30 days without pay . (5) Dismissal and/or reduction in rank. 5. 33 CODE OF DISCIPLINE Code of Discipline with listed charges and disciplinary action recommended. (1) Article I - Conduct unbecoming an officer or police employee. CHARGE 1st offense 2nd offense 3rd offense Accepting or soliciting Dism. a bribe or gratuity for permitting an illegal act . Accepting monetary or Dism. valuable gratuity for per- forming assigned duty. Involvement in the Dism. commission of a felony not included in this code. Involvement in commission Dism. of misdemeanor involving moral turpitude. Failure to turn seized, 1-10 15-30 Dism. found, or recovered property directly to property custodian, court or owner. Converting seized, found 10-Dism. Dism or recovered property to one' s own use. Knowlingly making a false 1-30 Dism. statement or entry in any departmental report , record , application, interview, or hearing. Officer, other than 5-15 15-30 Dism. officer acting in authorized undercover capacity, intoxicated or drinking liquor while on duty. Officer, while acting in Rep. -10 10-30 Dism. authorized undercover capacity, intoxicated while on duty Employee, in uniform, 5-10 10-30 Dism. but off-duty, drinking intoxicating liquor or intoxicated in public . Officer taking Rep. -15 15-30 Dism. inappropriate police action when off-duty. Willfully under the Dism. influence of or addicted to any drug or narcotic not prescribed by a licensed physician. Use of excessive force. 1-15 15-30 Dism. Use of rude or insulting Rep. -10 10-30 Dism. language or conduct offensive to the public . Fighting or quarreling Rep. -10 10-30 Dism with members of the Department. Employee involved in Dism. homosexual relations or other sexual deviation. Participating in games of Rep. -10 10-30 Dism. chance or gambling while on duty. Divulging criminal records 1-30 Dism. of one person to another, except when necessary to conduct an investigation or under due process of law. Employee committing Counsel Rep. 1-15 traffic violation while in Department vehicle for no valid reason. Employee being found DISCRETION OF ACCIDENT REVIEW BOARD. negiligent in traffic accident with Department vehicle. Employee engaged in Rep. -5 10-30 Dism. improper political activity. Employee committing any Rep. -10 10-20 30 violation of any General Order not covered in this code. Conducting private Rep. 5-10 30 business while on duty without specific super- visory authority. Allowing prisoner to 1-15 15-30 Dism. escape through careless- ness or neglect . Failure to thoroughly Rep. -10 10-30 Dism search for, collect, and perserve, and Identify evidence of persons , property, and locations in any arrest or investigation. Police vehicle stolen due 5-15 30 Dism. to failure to remove keys when unattended. Failure to properly care Rep. -10 10-30 Dism. for assigned equipment and vehicle or any Police Dept . property, damaging or causing damage to same, or loss , due to neglect or carelessness . Renouncement of citizenship Dism. or allegiance to the United States or the State of Arizona or taking of an oath of allegiance or otherwise pledging allegiance to any foreign country or organization that advocates the violent overthrow of the government of the United States or the State of Arizona. DISOBEDIENCE OF ORDERS Instituting civil action 1-15 5-10 10-Dism. arising from police duty without notifying the Chief of Police. Feinging illness or injury 1-10 10-30 Dism. and reporting off sick. Misuse, or improper handling Ren. -10 10-30 Dism. or display of firearms . Leaving city limits or Rep . 1-10 10-30 beat while on-duty without authorization of a super- visor, except in hot pursuit. Unexcused tardiness . Rep. -5 5-10 30-Dism. Reading newspaper, books , Rep 1-10 10-30 or magazines while on duty and in public view. Failure to supply name and Rep .,-5 10-30 Dism. serial number when requested to do so. Loitering in public places Rep. 1-10 10-30 while on duty. Revelation of official Rep . -5 10-20 30-dism. business of the Dept . except as authorized. Engaging in political rep. 1-10 10-30 or religious activities or discussions in public while on duty. Discussing any matter Rep. -10 10-30 Dism relating to the operation of the Dept . or the conduct or performance of any Dept. employee not in the regular course of duty, outside the chain of command, or out- side established grievance procedures . Recommending employment of 1-10 10-30 Dism. attorney, bail bondsman, etc. Failure to report unusual Rep. 1-10 10-30 activity or violation of this code to a supervisor. Failure to maintain 1-5 5-10 30-Dism. telephone at residence. SUPERVISOR NEGLECT OF DUTY Failure to properly perform Rep. -10 10-20 30-Demotion required supervisory responsibilities . Failure to ensure employees Rep. -10 10-20 30-Demotion perform required duties . Failure to investigate 1-10 10-20 30-demotion actual or alleged incidents of misconduct or violation of Dept. Orders . Renouncements of citizen- Dism. shin or allegiance to the United States or the State of Arizona; or the taking of an oath of allegiance or otherwise pleduing allegiance to any foreign country or organization that advocates the violent overthrow of the government of the United States or the State of Arizona. DISOBEDIENCE OF ORDERS Instituting civil action 1-5 5-10 15-Dism. arising from police duty without notifying the Chief of Police. Feigning illness or injury, and reporting off sick. 1-10 10-30 Dism. Misuse, or improver Rep-10 10-30 Dism. handling or display of firearms . Leaving city limits or beat Rep. 1-10 10-30 while on duty without authorization of a super- visor except in hot pursuit . Unexcused tardiness . Rep. -5 5-10 30-Dism. Reading newspaper, books , Rep. 1-10 10-30 or magazines while on-duty in public view Failure to supply name Rep. -5 10-30 Dism. and serial number when requested to do so. Loitering in public Rep. 1-10 10-30 places while on-duty. Failure to report actual 1-10 10-20- 30-Demotion or alleged incidents of misconduct or violation of Department Orders . Failure to ensure Rep. 1-10 10-Demotion employees perform duties in most efficient and/or effective manner. Failure to ensure proper Rep. -10 10-20 30-Demotion care of departmental property and equipment . Failure to advise employee Rep . -10 10-20 30-Demotion of the grievance and appeal process and/or apprise his supervisor of possible forthcoming complaints or grievances Misuse and/or abuse of Rep.-10 10-20 30-Demotion supervisory authority or privilege. Failure to take appropriate Rep. -10 10-20 20-Demotion action to rectify or ameliorate incompetency by subordinate employee . 5 . 34 MITIGATING OR AGGRAVATING CIRCUMSTANCES When more than one section of this code is violated, the violator may be charged with the greater offense and the other violations may be cited as aggravating circumstances in determining the punishment . Supervisors , command officers , or the accused officer may present to the Board documented evidence of extenuating, mitigating, or aggravating circumstances that give sufficient reason for a lesser or more severe penalty than provided for in this code. Mitigating or extenuating circumstances presented by the accused must be verified independently by the Board before such circumstances can be taken into account . The Board, upon receiving documented evidence as provided for in this section may recommend a lesser or more severe penalty than provided for in this code. 5. 35 TIME LIMITS After the passage of three years from the date of an offense during which period the offense is not repeated, any subsequent violation of that particular section will be considered a first offense for purposes of punishment . 5. 36 BOARD OF INQUIRY a. Employees accused of misconduct or neglect of duty are subject to investigation and having such charges brought before the Department ' s Board of Inquiry . b . The Board will in no way attempt to preempt an employee ' s right to appeal disciplinary action to the City Manager and/or the Merit System, but rather will attempt to complement and expedite the process by bringing forward all evidence which bears upon the guilt or innocence of the accused employee . All evidence, records , and transcripts will be maintained for the City Manager or Merit System Board ' s perusal in the event the aggrieved employee desires to carry his appeal rights forward. c . Supervisors will no longer make recommendations relating to penalty if the action is going before the Board of Inquiry The supervisor responsible for investigation will fully investigate the situation giving rise to the possibility of suspension , de- motion or dismissal and document all facts pertinent to the investigation. His only concern will be to prove or disprove the alleged violation of the accused employee. The Board will recommend a penalty subsequent to a finding of guilty. d. An accusdd employee may choose not to appear before the department Board of Inquiry. He may exercise this option by. 1 . Advising his supervisor that he does not wish to appear before the Board and signing a waiver of his right to appeal to the City Manager and Merit Board. 2. Accepting the recommended discipline prescribed by the supervisor with administrative anproval . The level of administrative discipline will be provided to the employee prior to his requirement to sign the waiver, i . e. , he will be aware of the specific penalty which he must accept before he has agreed to waive his rights to further appeal . Waiver forms are avial- able in the Chief ' s office. f. When a Board of Inquiry is empanelled, it must ascertain whether or not there is evidence to substantiate the charge or charges assigned as cause for the order of suspension, demotion, or dismissal under 4 . 33 of the Personnel Policy. After all the evidence has been presented, it is the Board ' s duty to make a finding that the accused did or did not violate regulations in each specific charge presented against him. In the event he is found to have violated regulations , a recommendation of a penalty will be made by the Board. The penalty will be derived from the Code of Discipline. If the individual involved is of supervisory rank, the possibility of demotion is included in each of the penalties listed in the Code of Discipline. g . This Board will not infringe on the prerogatives of the Chief of Police to take the appropriate action he deems necessary to maintain discipline within the Department h. Make-up of the Board of Inquiry The Board will con- sist of five employees of the Police Department . 1 . The chairman will be a Captain. 2 . Two officers of superior rank (Lieutenant or above) . 3 . Two officers of the same rank as the accused. i . Method of selection of Board members . 1 Chairman- Captain selected by the Police Chief . 2 . Lieutenant or above - drawn by the Chief. 3 . Two officers of the same rank as the accused- drawn by the accused 4 . Drawings will be random from the Department ' s employees list within the various ranks . Each accused employee will draw from the rank list below. 1 . Lieutenants/Police Planner/Police Information Supervisor/Police Services Supervisor . 2. Sergeant 3 . Patrolman 4. Identification Technician/Police Service Assistant/Police Dispatcher/Statistical Analyst . 5. Secretary/Police Records Clerk/Data Entry Operator/Statistical Clerk/Clerk Typist . j . Disqualification of Eoard Members . 1 . Lieutenants or above. a. the accused 's Lieutenant will be disqualified. b. The Chief will have the option of pre-emptying selection of any two Lieutenants . 2 . Employees of the same rank as the accused. a . Any officer who is on the same squad as the accused or who is on probation will be dis- qualified. b. The accused will have the option of preempting any two officers during his drawing . c . Any employee called as a witness or involved in the investigation. d. Any officer who has been a member of a board or before the Board in the past year or any officer who has a case pending to go before the Board. 3 . Any charges of possible prejudice may be made by the accused or his supervisor during the time the Board is being selected. The Board Chairman will determine if such charges are justified and is such person should be replaced Any names preempted by the Chief or the accused need not be made known to the other. Orders will be given to the accused at the time of the selection of the Board prohibiting him from dis- cussing any facts surrounding the case with any officers selected to serve on the Board. k. Duties of the Chairman. 1 . PREPAREDNESS - Ascertains if the hearing is ready to proceed. 2 . ORDERS- Will give the accused, the supervisor and any other persons , who might testify, a direct order to tell the truth and give all the information they have concerning the incident . Upon completion of each witness ' s testimony, he will give another direct order that they not discuss this case with anyone else. 3 . PLEA OF ACCUSED - Directs the accused to admit or disavow each specific charge. 4. CONTROL OF HEARING - Controls the conduct of the hearing and may expel any disorderly persons . 5 . RECORDING - Is responsible for seeing that pro- ceedings are audio recorded . 6 . DELIBERATIONS - Clears the hearing room of all persons except Board members during the delibera- tions on the finding and penalty. 7 . PERSONNEL FILE - Will be responsible for producing the personnel file of the accused. 8 . FINDING THE PENALTY - Prepare final findings to be forwarded to the Chief of Police. °. TIE-BREAKER - Will cast deciding vote in which any ties occur . 10 . LOCATION AND TIME - Will set the date, time and location of the inquiry. 11 . EVIDENCE - Will be responsible for all evidence after it is presented. 1 . DUTIES OF BOARD MEMBERS : 1 . DETERMINE TRUTH - Virorously pursue and determine the truth of the matter under consideration. 2. DEVELOP FACTS- Develop all pertinent facts If it appears that the case of either the accused or the the Department is incomplete through inability, inexperience, ignorance or inadequate investigation, it shall he the duty of the Board to question witnesses request additional investigation, or perform what- ever functions necessary to determine the facts of the case. 3 . FINDING - Deliberate and vote on the finding. 4. PENALTY - Deliberate and vote on the recommended penalty if a specific penalty is not delineated. 5 . SIGN FINDING AND RECOMMENDED PENALTY- All members must sign the finding and recommended penalty on the appropriate form. 5 . DISSENTING - Any member who disagrees with the majority concerning the finding or recommended penalty may prepare a minority report which will be forwarded with majority recommendations . The minority report may address the penalty within the given parameters for the disciplinary code, however, it is not appropriate for the minority report to address the penalty as established within the disciplinary code, i. e . , if the charge of the accused is a penalty of one to ten days and the board recommends a penalty of six days , it would be appropriate for the minority report to address the severity of the penalty of six days . It is not within the purview of the minority report to address the entire penalty of one to ten days Severity of the total penalty is set by the Administration of the Police Department . M. Inquiry Board Hearing Procedures . 1 . CLOSED HEARINGS - Only the Chief or a representative the Board, the accused, the Supervisor and wit- nesses will be allowed to attend. 2 . RULE- The "rule" excluding witnesses from the proceedings and precluding their discussion of the case with other witnesses will be invoked as a standard procedure for all witnesses excluding the supervisor and the accused. 3. ADMISSION OF COMPLICITY/EVIDENCE OF COMPLICITY - No other evidence is required to be taken upon the question of complicity pertaining to the charge or charges to which the accused admits complicity , unless the Board specifically deems otherwise . 4. ADMISSION OF COMPLICITY/DETERMINATION OF PENALTY- The Board should hear or receive into evidence all pertinent information relating to the charge or charges to which the accused admits complicity. 5 . ADMISSION OF COMPLICITY/MUST TAKE FINDING - When the accused admits complicity to a charge or charges , the Board must nevertheless make a specific finding of complicity or not to such charge or charges . 6 . OPENING- The supervisor will present the case, followed by the accused. 7 . CALLING WITNESSES- Both the supervisor and the accused have the right to call witnesses Witnesses called by the accused, if on duty, will be given sufficient time to attend the proceedings on behalf of the accused. However, if the employee (witness) is off duty, his attendance is voluntary and he will not be paid by the Department if he appears . 8 FAILURE OF WITNESS TO SHOW- Any Police Department employee who is a witness required for the super- visor ' s case and who fails to appear will be directed by the Board Chairman to appear . Persons who are not employees of the Department will be re- quested to appear. 9. CROSS-EXAMINATION - Any witness may be cross- examined by the accused, his supervisor or by the Board. 10. SUMMATION - The supervisor may sum up the total evidence submitted in the case at hand or reply to the defense offered by the accused. 11 . EVIDENCE - Evidence may be submitted by either party. The Chairman will be responsible for disposition of such evidence. 12. EXAMINATION OF PERSONNEL FILE - The Board may exa- mine the accused ' s Personnel File only after a finding of complicity 5. 37 CONDUCT TOWARD OTHERS Members shall conduct themselves in a manner that will foster the greatest harmony and cooperation between them- selves and other units of the office. Members shall not intentionally antagonize any person with whom they come in contact and shall treat all persons in a respectful , courtious , and civil manner . Police personnel i -cuing traffic citations shall proceed in a courteous , fair , firm, impartial , and business-like manner . They shall scrupulously avoid any display of officious or overbearing attitude and shall not use any language designed to belittle, ridicule, or embarrass the violator. IW A member shall not at any time or for any reason will- fully subject any person or animal to cruel treatment or willfully neglect necessary humane action. Members on or off duty shall not intentionally become personally involved in disputes or quarrels in their neighborhood, unless injury or death may result if immediate action is not taken. 5 . 38 USE OF FORCE In all situations , members shall use force only when necessary and justified by circumstances . Members are not to be restricted in the lawful discharge of their duties and have a positive duty to use force when the necessity exists . Force is defined as the exertion, by any means including physical or mechanical devices , of power to overcome or restrain an individual and which force causes him to act, move, or comply against his resistance. A member must be firm, resolute and energetic in exercising the means to properly perform his duty and shall employ defensive and control techniques including the use of office approved equipment and devices . 5. 39 REPORTING THE USE OF FORCE In all cases where personnel are required to use force, the following procedures shall be followed. ---Members shall, as soon as possible, make an oral report to their immediate supervisor , especially if injury is present . ---Wherever the incident in question requires a DR, all details including the use of force shall be included. ---Whenever an employee uses Mace to effect control of a subject , he shall apprise his supervisor, both verbally and with a written memo, as to the incident . The memo shall contain the report number, reason for arrest , and the length of time from use of dace to treatment of subject . 5 .40 DISORDERLY CONDUCT Employees shall not be disorderly in their conduct in a public place at any time. 5 . 41 USE OF ALCOHOL Except in the performance of duty and with prior super- visory consent , an employee shall not drink any kind of intoxicating liquor while on duty No employee shall report for duty or be on duty while under the influence of alcohol or be unfit for duty because of its use . The odor of alcohol on the breath shall be considered presumptive evidence of violating this subsection. 5 .42 USE OF DRUGS OR NARCOTICS Employees shall not use any controlled substances , nar- cotics or hallucinogens except when prescribed by a physician for an illness or injury in which case he shall so advise his immediate supervisor in advance of his per- formance of duties 5.43 SMOKING Employees shall not smoke on duty while conducting inter- views or under circumstances where smoking may be detri- mental to good conduct, appearance or procedure. 5.44 SLEEPING ON DUTY An employee shall not sleep on duty unless specifically authorized to do so. 5.45 GAMBLING - CARD PLAYING Except in the performance of duty, employees shall not participate in any game of chance or any form of gambling while on duty. Employees shall not engage in card playing or any game of chance or any gambling while in any facility of the Police Department . 5.46 LOITERING No employee shall loiter or act the idler thereon in cafes , drive-ins , service stations or other public places while on duty or in uniform. 5.47 IMMORAL CONDUCT Employees shall maintain a level of moral conduct which is in keeping with the highest standards of the Law Enforce- ment profession. Employees shall not participate in any incident involving morrl turpitude which tends to impair their ability to perform as an employee of the Apache Junction Police Department or causes the Police Department to be brought into disrepute. 5.48 BRIBES - REWARDS - LOANS - GIFTS An employee shall not accept a bribe or engage in any act of extortion or other unlawful means of obtaining money or property through his position with the Police Department . An employee shall not accept, directly or indirectly, a gratuity, fee, loan, reward, or gift of any kind from• ---any person liable to arrest or complain ---any person in custody ---any person discharged from custody or ---any friend or friends of any relative of such persons . Any employee, individually or collectively, shall not solicit or accept any rewards or gratuity in conjunction with services rendered in the performance of their duties . An employee shall not use his position to seek free admission to places or amusement , sporting events , etc . , or free meals or any favor or gratuities which would not ordinarily be accorded a private citizen. RESPONSIBILITY - GENERAL 5 .49 FINANCIAL OBLIGATION An employee shall properly support his family. Employees shall pay their just debts . They shall promptly pay any loan, indebtedness , claim or judgement and satisfy any execution that may be held or issued against them. They shall not sell or assign their salaries or incomes nor shall they contract debts or liabilities they are un- able or unwilling to satisfy. 5. 50 INCURRING LIABILITY AGAINST THE CITY No employee shall incur a liability chargeable against the Police Department or the City without proper authorization. 5. 51 CARE OF CITY PROPERTY/EQUIPMENT An employee shall be responsible for the proper care, maintenance and serviceable condition of any City property, fixed or movable, issued or assigned to him. Loss of, damage to or unserviceable condition of such property shall be reported to his supervisor in writing. Willfull or negligent abuse, mutilation or destruction of City property shall be grounds for disciplinary action and at the dis- cretion of the Chief, be required to make restitution for the cost of repair or replacement. 5. 52 RETURN OF CITY PROPERTY/EQUIPMENT When an employee leaves the services of the Police Department, he shall surrender all City property that was assigned to him under his control to the Administration Bureau. Failure to do so shall mandate retention of final paycheck by the Department . 5 . 53 PROPERTY DAMAGE An employee shall promptly submit a written report of any damage to real or personal property resulting from the execution of his official duties or responsibilities . 5 . 54 MONEY AND PROPERTY OF OTHERS An employee shall deliver to the proper custodian any monies or other property not his own which comes into his possession. A report shall be made of the transaction. 5 . 55 MISAPPROPRIATION OF PROPERTY Employees shall not appropriate any City property, evidence, found or recovered property for their own use. 5. 56 SAFEGUARDING MONEY, PROPERTY, AND EVIDENCE All employees shall be responsible for safekeeping public or City money, prisoner ' s money, property, and evidence while it is in their possession. The rules of evidence shall be adhered to at all times . 5 . 57 TAMPERING WITH EVIDENCE. Employees shall not fabricate, withhold or destroy evidence of any kind. 5 . 58 FALSE STATEMENTS An employee shall not make false statements when questioned or interviewed or in reports submitted. 5 . 59 STATEMENTS DURING INTERNAL INVESTIGATIONS If requested to make a statement in the course of an official internal investigation, employees shall make full complete, and truthful statements . 5. 60 REPORTING INFORMATION An employee shall promptly report any information or incident coming to his attention that might indicate the need for action by the office . 5 . 61 CONFIDENTIAL INFORMATION The official business of the office is confidential Employees shall only discuss or give official information as follows . ---To persons for whom the information is intended ---As directed by their supervisory officer ---As required by law _ Employees shall divulge the content of any directive they recieve only when required to do so by the nature of the directive. The content of any criminal record filed in the office shall, be shown or divulged to authorized persons only. 5 . 62 SAFEGUARDING PERSONS IN CUSTODY An employee having in their custody any person under arrest or detention shall properly safeguard such person and his property. Medical care shall be rendered when applicable. 5. 63 RECOMMENDING ATTORNEYS AND/OR BONDSMEN Employees in the official capacity shall not recommend or suggest the name or employment of any person, firm or corporation to act as attorney, counsel , or bondsman. This does not restrict the rights of employees in seeking recommendation in the administration of their private affairs . WORK RULES - GENERAL 5 . 64 PERFORMANCE OF DUTY While on duty, employees shall be governed by the following rules . ---Employees shall devote their time and attention to the service of the City and the Police Department and shall direct and coordinate their efforts in a manner which will establish and maintain the highest standard of efficiency. ---Uniformed employees shall maintain a professional de- meanor and shall perform their duties in a calm and firm manner acting together to assist and protect each other in maintaining law and order. ---Employees shall serve the office loyally and discreetly and shall not display cowardice or fail to support their fellow employees in the lawful performance of duty. 5 . 65 IMCOMPETENCE Employees shall maintain competency to properly perform their duties and assume the responsiblities of their positions . Employees shall perform their duties in a manner which will tend to establish and maintain the highest Standards of efficiency and professionalism in carrying out the functions and objectives of the office Incompetence may be demonstrated by, but not necessarily limited to: --- A lack of knowledge of the application of laws required to be enforced --- An unwillingness or inability to perform assigned tasks --- The failure to conform to work standards established for the employee ' s rank or position. --- Failure to take appropriate action on the occasion of. a crime, disorder, or other condition deserving police attention --- Absence without leave . --- Unnecessary absence from an assigned area during a tour of duty. --- Cowardice. --- Failure to qualify for three (3) consecutive qualifying shoots In addition to the above, the following shall be considered to be prima facie evidence of incompetency. --- Repeated poor evaluations . --- A written record of repeated infractions of the office policies , procedures , manuals, or directives . 5 . 66 DUTIES OF POLICE PERSONNEL Police personnel shall . --- Protect life and property --- Preserve the peace --- Prevent crime --- Detect and arrest violators of the law --- Enforce Federal , State, and County Laws as required of this Office by statue or policy. 5 . 67 DUTIES OF ALL EMPLOYEES Employees shall . --- Carry out specific duties and responsibilities assigned to them --- Carry out any duty required by lawful order --- Within a reasonable time, report and/or take proper action in any situation encountered which required police action. 5. 68 CONFORMANCE WITH OFFICE POLICY AND PROCEDURE Every employee shall be familiar with and conform to the policy and procedures of this Office as stipulated in the official manual . 5 . 69 HOURS OF DUTY Regular hours of active duty shall be assigned to each employee. During other hours , the employee shall be considered "off duty" . 5. 70 OFF DUTY INCIDENTS All off duty officers shall take police action on felony or other serious criminal matters coming to their attention but shall not take action for minor traffic violations nor in neighborhood disputes unless injury or death may result if immediate action is not taken. 5. 71 FIREARMS AND CREDENTIALS Police personnel shall always carry or have in his immedi- ate possession his identification and weapon as prescribed by the Chief while on duty. Carrying weapons off-duty, although recommended, is an optional matter left to the discretion of each officer . Good judgement as to when and where a weapon will be carried must be exercised. When socializing where alcohol is involved, the weapon shall be locked in a vehicle or left at home. Any display or use of weapons shall be governed by the same regulations as if the officer were on duty. 5 72 PUNCTUALITY An employee shall be punctual in reporting for duty at the time and place designated by his supervisor . Habitual tardiness shall be deemed neglect of duty and disciplinary action shall be taken. 5. 73 ABSENCE Except when sickness or injury to himself or his immediate family keeps him from reporting for duty, an employee shall be absent only with proper leave or permission. An employee unable to report for duty shall notify his immediate supervisor at least one-half (z) hour prior to the assigned tour of duty, except in an emergency, then the notification shall be as soon as possible. Otherwise, he shall be considered absent without leave . An employee shall submit a physician' s certificate verifying an illness or injury for any sick leave amounting to three or more consecutive working days . An employee shall be considered absent without leave when he is absent for three or more consecutive working days without authori- zation for a leave and is automatically considered to have resigned, except where very extenuating circumstances are found to have existed. 5 . 74 PERSONAL INFORMATION An employee shall provide the office with personal data such as correct name, address , telephone number, marital status and the name of the person to be notified in case of emergency He shall be responsible for keeping his commander and the Personnel Section informed of any changes . Such notification shall be made within twenty- four (24) hours of any changes in the above data. 5. 75 TELEPHONE All personnel shall have a telephone in their place of residence so that they may be contacted in case of an emergency. PERSONNEL 5. 76 PERSONNEL INVESTIGATIONS Incident investigation shall be conducted in an impartial and objective manner. The purpose is to disclose and re- port all facts relevant to the matter, whether the facts are favorable or unfavorable to the employee. The Internal Affairs unit or a supervisor act as a direct representative of the Chief when they are assigned to investigate an incident or complaint . Fellow employees of an employee under investigation are to be cooperative and impartial when asked for information concerning the matter under investigation. The employee under investigation shall be apprised of the nature of the investigation including the name of the complainant, unless it violates a confidential relation- ship, prior to commencing the interview. If an employee is being interviewed as a witness , he should so be informed at the initial contact. The interview of an employee should be at a reasonable hour, preferably when employee is on-duty, unless the circumstances of the investigation dictate otherwise. And the interview shall be conducted at a location de- signated by the investigator . The employee shall be informed of the rank, name and assignment of the officer in charge of the investigation. The employee being interviewed shall not be subjected to any offensive or abusive language. No threats , implied or expressed of a transfer or any type of disciplinary act- ion as well as promises of reward shall be made as an inducement to answering of questions . 5. 77 POLYGRAPH The polygraph ' s utilization is an aid to criminal and administrative investigations for the Police Department . It ' s use during Office Administrative investigations is consistent with maintaining the highest integrity beyond suspicion of the Police Department. Criteria for demanding a polygraph in the course of an Administrative Investigation is set forth as follows . --- The employee shall be informed that the questions will relate specifically and narrowly to performance of his official duties . --- The employee shall be informed that the answers can- not be used against him in any subsequent criminal prosecution . --- The employee shall be informed that the penalty for refusal of such test is dismissal . Since the answers of the polygraph cannot be used in any subsequent criminal prosecution, there is no infringement upon the Fifth Amendment Right against compulsory self- incrimination. The polygraph shall not be used in an Administrative Investigation in an unreasonable, arbitrary, or capricious manner . However, its implementation to verify statements made by an employee during an Administrative Investigation is righteous and with merit as long as the aforementioned criteria is met but the right to counsel for the taking of the polygraph is without merit in an Administrative In- vestigation. Information is obtained as to the truthfulness or deceit of an employee as shown by the results of the polygraph may be used in Administrative Investigations and/or hearings . Also, the polygraph results may be utilized by the office to further Administrative hearings if the employee stipulated in advance that their responses to the questions as recorded by the polygraph and their inter- pretation by the examiner may be so used . An employee may request and receive a polygraph examination any time an administrative investigation centers on said employee. An employee may be requested to submit to a polygraph test by the Chief when the investigation concerns a criminal matter. When this occurs , the employee shall be apprised of his right to accept or reject this examination. A re- fusal to submit to the examination cannot and will not be used in a court of law. If the employee elects to submit to the polygraph exam, he shall have the right to confer with legal counsel of his choice prior to and after the examination. Information derived from this examination may be used in an administrative investigation and a criminal investigation. If any employee refuses to submit to a polygraph examination pertinent to a criminal matter , this shall result in disciplinary action. The Chief has the option to conduct the examination as administrative when any information obtained shall not he the basis for any criminal prosecution. 5. 78 OUTSIDE EMPLOYMENT Employees desiring to engage in outside employment , either in uniform or plain clothes , shall conform to the regulations and procedures contained in the Manuel of Policy and Procedure Outside employment shall have the office approval and not be detrimental to the good of the Office. The Chief may authorize employment or occupation which does not conflict with City employment . Approval may not be given if. --- The employee has a less than competent performance evaluation. --- The employment is in an establishment where alcohol is a principle business . --- More than twenty-four (24) hours per week are involved. --- The duties are incompatible and involve a conflict of interest with the regular duties or functions of the office -- Employment in where the service of civil process is required. --- In uniform where the tasks are outside the purvue to police nature. --- Where utilization of police information, records , or files may be necessary. In all cases of outside employment , the primary duty, obligation and responsibility of an employee, is at all times, to the Police Department. PUBLIC AND PRESS RELATIONS 5. 79 PUBLIC RELATIONS To facilitate accomplishment of the objectives of the Police Department, each and every employee shall strive to gain public support and attain friendly citizen cooperation by programs and procedures established by the Office. The attitude of each employee shall be one of service and courtesy but not that of servility and softness . An employee shall be firm and impersonal but avoiding any resemblance of rudeness , when the occasion calling for regulation and control arises . , 5.80 PUBLIC APPEARANCES , WRITING , ETC . Unless an employee is authorized by a direct order from the Chief, or his supervisor, he shall not . --- Address any public or private gathering or make a radio or television appearance where his identity as an employee of the Police Department is made known and any remarks made could be interpreted as the office' s veiw on the subject discussed. --- Write articles or manuscripts for publication in which references or inferences are made to this office. This does not preclude officers from being interviewed at crime scenes by radio and television companies . 5 .81 PRESS RELATIONS The news media shall be informed of the occurrence of crimes or other events which are of public concern as soon as possible. If information which could jeopardize an investigation is requested, newsmen shall be informed of the reasons the information is being withheld temporarily, but also that it will be released as soon as the reasons no longer apply. Relationship between the news media and Police Personnel shall be maintained in a courteous , professional manner . If an employee is confronted with questions or probes of a controversial nature, he will refer the matter to his supervisor or, in his absence, the nearest available super- visor. News releases to the press , radio, and television will be made by command personnel only. Personnel shall make certain that the information being released does not include evidence or any reference to it, unless it will aid further criminal investigation, that the statement is not a verbatim recitation from any con- fidential report or record and that a report or record of any type is not released. Photographs may be taken of a suspect exposed in transit , but he shall not be posed by an officer . 5 .82 USE/OPERATION OF CITY VEHICLES An employee shall not use a City vehicle without the ' knowledge or permission of his supervisor and his driving shall be examplary and all rules of the road shall be obeyed. — Isk _ 5 .83 EMERGENCY/CODE 3 OPERATION OF POLICE VEHICLES This policy is established to allow police personnel to respond to emergency situations in a timely and safe manner while complying with Arizona Revised Statues . Whether a vehicle is being driven Code 3 in a response to an emergency call usually depends upon the nature of the call received, and the situation as it appears to the mind of the driver under the circumstances then pre- sented to him. The vehicle shall be driven with due regard for the safety of all persons on or in close proximity of the roadway, which includes slowing down to traverse any intersection in safety. Code 3 operation may be for, but not limited to, any of the following ---responding to a situation where a serious danger to human life exists . ---a request for help/assistance from another officer, or ---pursuit of a suspected or actual traffic violation or felon 5. 84 UNAUTHORIZED PERSON IN CITY VEHICLE An employee operating a City vehicle shall not permit other than authorized City employees to ride in vehicles . An exception shall be made when it comes a necessity in the performance of duty and/or authorized by the supervisor. 5.85 USE OF CITY VEHICLE OUTSIDE CITY LIMITS City vehicles shall not be used outside of the City limits except in hot pursuit or unless specifically authorized to do so by a supervisor . 5 .86 ACCIDENTS OR DAMAGE In the event of any accident or any damage to a City vehicle, the employee operating or in charge of the vehicle shall : ---apprise radio immediately, notify his supervisor (or in his absence, the appropriate command officer) , of the incident , location, damage and injuries , if any, ---Remain at the scene and/or act accordingly, as the incident dictates , which includes the notification of the proper law enforcement agency for investigation/ report purposes . z , 5 .87 WEAPONS IN UNATTENDED VEHICLES A police vehicle which is left temporarily unattended shall be locked, especially when the vehicle contains a shotgun or other weaponry. A vehicle that is not in use during a shift , the shotgun or any other weaponry, shall be removed and secured in the police department . A vehicle that is being serviced at any service center and the vehicle contains weaponry, the weaponry, if possible, shall be secured in the trunk of the vehicle, or be under the immediate control of the officer . CIVILIAN (NON-LAU ENFORCEMENT) PERSONNEL SHALL NEVER HAVE ACCESSIBILITY AND/OR CONTROL OF ANY POLICE DEPART- MENT WEAPONRY. RECORDS , REPORTS AND COMMUNICATIONS 5 .88 OFFICIAL COMMUNICATION Official communications , requests , information, suggestions , or complaints shall be confined to official channels . Each link in the Chain of Command shall be respected. Each level shall forward the communique to the next level, higher or lower, with a notation of action taken. 5.89 SIGNATURES ON OFFICIAL COMMUNICATIONS Employees shall only engage in official correspondence over a signature of a person who has been officially authorized to sign such correspondence. 5 .90 SPECIAL ORDERS Any order posted on bulletin boards of the Police Depart- ment over the signature or name of the Chief or command personnel shall be a regulation of the office. 5. 91 FALSE INFORMATION IN RECORDS Employees shall not knowlingly or willingly make false official records or enter or cause to be entered in any Departmental books , records , or reports , any inaccurate , false or improper police information or material matter. 5. 92 REMOVAL OF RECORDS Employees shall not remove any official record of the office except as directed by their supervisor or as required by law (or Court cases) . This includes originals and duplicated copies . ..M\ 5. 93 USE OF COMMUNICATION EQUIPMENT Employees shall not use the police communications equip- ment for personal, social or unofficial purposes . FIELD ACTIVITY 5 . 94 HANDCUFFING PRISONERS Handcuffs shall be used when- --- An arrest is made --- Transporting a prisoner in public or from one facility to another --- A prisoner is violent or belligerent --- A prisoner may cause injury to himself. Employees shall determine the necessity in use of hand- cuffs in each and every situation and this includes juveniles , females , injured or mentally ill individuals . When handcuffs are used: --- Prisoners shall be cuffed with hands behind their backs , back of wrists together, when possible . --- A female shall not be cuffed to a male except in an emergency. --- A juvenile shall not be cuffed to an adult except in an emergency. 5. 95 CURSORY SEARCHES IN THE FIELD Becuase reasons of safety dictate immediate action, a cursory search of a subject may be conducted by an officer of the opposite sex. However, these situations shall be readily explainable and justifiable if a question of im- proper conduct arises . The supervisor shall be apprised of the incident as soon as possible verbally and then with a written memorandum. Other searches are mandatory and shall be made prior to placement of subject in vehicle. 5 . 96 TRANSPORTING FEMALES The following shall apply when females are in custody . --- Females shall be transported in the company of a fe- male officer or two male officers whenever possible. --- Radio shall be notified when a female is in custody enabling time and mileage to be logged. POLITICS AND RELIGION 5. 97 POLITICAL ACTIVITY An employee may participate in political activities with the following exceptions - -- Use his official authority or influence for the purpose of interferring with or affecting the result of an election or nomination for office. --- While on duty or in uniform, participate in any form of political activity. No employee shall be a member of any national , state or local committee of a political party, or an officer or chairman of a committee of a partisan political club or a candidate for nomination or election to any paid public office. Nor shall an employee take any part in the manage- ment or affairs of any political party-or political campaign. An employee may express his opinions , attend meetings for the purpose of becoming informed concerning the candidate for public office and the political issues or serve as precinct committeeman. This policy shall not apply to school board elections or junior college district governing board elections and an employee may serve as a member of the board of trustees of a common or high school district or as a member of the junior college governing board. 5. 98 POLITICAL AND RELIGIOUS DISCUSSIONS Employees , while representing the Police Department , shall not engage in political or religious discussions . They shall not speak disparagingly of the nationality, color, creed or belief of any person. 5. 99 DISTURBANCES Of all the types of situations that a police officer en- counters in his profession, the area of civil disturbances is one of the most difficult to handle and presents some of the greatest potential hazards . In many cases , civil law and criminal law seem to merge, and many times seem to be in conflict with each other, making it difficult to distinguish where police responsibility and authority begin and end. Officers must alert themselves to the many pit- falls of civil disorders in order to handle any situation intelligently. A. Officers will exercise extreme care that they do not take sides in any civil disturbance or problem, the police function in any dispute is to preserve the peace. Officers will bear in mind that civil disturb- ances are usually of such a complex nature that only a court of law can settle the issue. Officers will do nothing that , either by action or conversation, might be construed as taking sides , but will remember that it is the police responsibility to preserve the peace , protect life and property, and suppress criminal acts . • B. Officers are reminded that in areas where by-standers can become a problem, they will conduct their business (arrest, interrogation, etc . ) as quickly as possible, then leave the area. The use of red lights , sirens and high speeds attract attention and should be used only if absolutely necessary Officers will not create incidents , linger (thereby, giving a crowd time to build) , or make derogatory remarks or threats 5. 100 USE OF FIREARMS This policy and procedure pertaining to the use of fire- arms is for internal use only and does not increase officers civil or criminal liability in any way It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims . Violations of this policy and pro- cedure, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting . 5. 101 PREAMBLE TO THE POLICY The use of a firearm is in all probability the most serious act in which a law enforcement officer will engage. It has the most far reaching consequences for all of the parties involved. It is, therefore, imperative not only that he act within the boundaries of legal guidelines , ethics , good judgement, and accepted practices , but also that he be prepared by training , leadership and direction to act wisely whenever using a firearm in the course of duty. It is in the public interest that an officer of this Department be guided by a policy which the people believe to be fair and appropriate and which creates public con- fidence in the Department and its individual officers . This policy is not intended to create doubt in the mind of an officer at a moment when action is critical and time is very limited for meditation or reflection. It provides basic guidelines governing the use of firearms so that officers can be confident in exercising judgement as to the use of deadly force. This policy shall be viewed as an administrative judgement guide for decision making before the fact and as a standard for administrative judge- ment of the propriety of the action taken. 5. 102 NECESSITY THAT OFFICERS BE ARMED As long as members of the public are victims of violent crimes and officers in the performance of their duties are confronted with deadly force, it shall remain impera- tive for officers to be properly armed for the protection of society and themselves . V 5. 103 PROTECTION OF GENERAL PUBLIC Regardless of the nature of the crime or the justification for firing at a suspect, officers must remember that their basic responsibility is to protect. the public . Officers shall not fire under conditions that would sub- ject bystanders or hostages to death or possible injury except to preserve life or prevent serious bodily injury . Firing under such conditions is not justified unless the failure to do so at the time would create a substantial immediate threat of death or serious bodily injury. 5. 104 MINIMIZING THE RISK OF DEATH An officer does not shoot with the intent to kill ; he shoots when it is necessary to prevent an individual from completing what he is attempting . In the extreme stress of a shooting situation, an officer may not have the opportunity or ability to direct his shot to a non-fatal area. To require him to do so , in every instance, could increase the risk of harm to himself or others . However, in keeping with the philosophy that the minimum force that is necessary should be used, officers should be aware that even in the rare cases where the use of firearms reasonably appears necessary, the risk of death to any person should be minimized. 5. 105 THE USE OF DEADLY FORCE An officer is authorized the use of deadly force when it reasonably appears necessary• ---to protect himself or others from an immediate threat of death or serious bodily injury, or ---to prevent a crime where the suspect ' s actions place a person or persons in jeopardy of death or serious bodily injury, or ---to apprehend a fleeing felon for a crime involving serious bodily injury or the use of deadly force where there is a substantial risk that the person whose arrest is sought will cause death or serious bodily injury to others if apprehension is delayed. Firing at or from moving vehicles is generally prohibited . Experience shows action of this type is rarely effective and is extremely hazardous to innocent persons and shall not be done unless the situation absolutely dictates . Deadly force shall only be exercised when all reasonable alternatives have been exhausted or appear impractical . ... Amok a • 5. 106 JUSTIFICATION LIMITED TO FACTS KNOWN TO OFFICER Justification for the use of deadly force must be limited to what reasonably appears to be the facts known or preceived by an officer at the time he decides to shoot Facts unknown to an officer, no matter how com- pelling, cannot be considered at a later date to justify a shooting . 5 . 107 WARNING SHOTS Warning shots shall not be fired. 5. 108 DRAWING OR EXHIBITING FIREARMS Unnecessarily or prematurely drawing or exhibiting a fire- arm limits an officer ' s alternatives in controlling a situation, creates unnecessary anxiety on the part of the citizenry and may result in an unwarranted or accidental discharge of the firearm. Officers shall not draw or exhibit a firearm unless the circumstances surrounding the incident create a reasonable belief that it may be necessary to use the firearm in conformance with this policy on the use of firearms . 5 .109 DISCHARGE OF A FIREARM Any employee who discharges a firearm intentionally or "accidentally" while performing any police function shall make a verbal report to his supervisor as soon as circum- stances permit and a written report as soon as possible thereafter . "Accidental" discharge of a firearm shall be cause for disciplinary action. 5. 110 HANDLING OF FIREARMS Firearms shall not be cleaned, loaded or unloaded in the Police building unless ordered by a supervisor . Firearms that are seized or come under control by an officer during the course of duty shall be inspected and, if loaded, shall be rendered safe and processed accordingly . There shall be no practicing of drawing a firearm in the Police building . 5. 111 AMMUNITION Weapons will be carried fully loaded at all times with department issued ammunition. . 357 caliber weapons will be loaded with . 357 caliber department-issued ammunition. In addition to the six round in the weapon, twelve (12) . rounds of . 38 caliber ammunition will be carried in the cartridge case. 5. 112 RANGE POLICY AND SHOOTING REQUIREMENTS Every officer shall be expected to qualify and maintain his qualification in the proficient use of firearms . There will be four qualifying shoots each year as arranged by the Training Bureau on a quarterly basis . Qualifications for record will be during the months of January, April , July, and October, and the type and time of each shoot , as well as the qualifying score, shall be determined by directives from the Training Bureau. Qualification shall be performed with an approved duty weapon which is normally carried by the officer while on duty. Any officer missing a scheduled shoot without cause is subject to disciplinary action Arrangements for additional practice or a make-up shoot for qualification shall be made between the quarterly sessions . When an officer fails to quality , it shall be his responsibility to undergo special instructions from the Rangemaster prior to the next qualifying shoot . When an officer fails to qualify for three (3) conse- cutive shoots, it shall be deemed as incompetence and dis- ciplinary action shall be taken. Officers desirous of obtaining a shooting badge may do so by shooting a specific qualifying score for three (3) consecutive qualifying sessions . 5. 113 PURSUIT OF VEHICLES A vehicle pursuit is an active attempt to stop a moving motor vehicle when the driver of such vehicle is resisting apprehension by maintaining or increasing his speed, taking evasive action(s) , and/or ignoring the officer 's attempt to stop him while the red lights and siren are being operated. It is the position of the Apache Junction Police Depart- ment that violators of the law be apprehended whenever it is feasible under the existing conditions . If at any time, the officer/operator becomes aware that the operator himself, the violator, or any other highway user is exposed to an unnecessary risk or serious injury or death as a result of the pursuit or Code 3 run, the pursuit shall be terminated. The field supervisor also has the responsibility for terminating such a pursuit when, in his judgement , these conditions exist . The seriousness N W 4 of the violator's suspected crime shall weigh in this decision. 5. 114 INITIATING PURSUIT When the Police Department personnel become involved in a pursuit, the officer shall : -- Give as complete as possible description to the radio dispatcher, including: --vehicle make, model , color --license number --reason for pursuit --occupants --direction of travel --speed --satisfy himself that the violator is aware, or has knowledge of the officer's presence and intention to stop, and --keep the dispatcher informed for possible assistance from other units. 5. 115 SHIFT SUPERVISOR The shift supervisor shall be apprised of pursuits which involve or may involve his personnel and then it shall be his responsibility to monitor this pursuit and at his discretion, order the pursuit terminated. He may also direct the positioning of units for interception. In situations where the immediate supervisor of involved personnel is not on duty, the Field Operations shift supervisor shall be notified and shall be charged with the above responsibility. 5.116 ASSISTING UNITS The unit which is immediately behind the pursuit is the assisting unit and is the only unit which shall activate the red lights and siren in a pursuit. This eliminates a "parade" effect or a line of police vehicles. Other units may position themselves at strategic locations for possible interception of pursuing vehicle and nay use the red lights and siren to obtain this objective, however, these units shall insure that they shall not be on a collision course with each other. 5.117 BARRICADING ROADWAYS Barricading a roadway shall be considered as a force likely to result in serious injury or death; therefore, it shall be used only as a last resort in felony situations where the violator constituted an immediate and continuing threat to the safety of the public. Privately owned vehicles shall not be used. 5 . 118 SHOOTING AT VEHICLES Shooting at vehicles is set forth in 5 . 105 , the Use of Deadly Force . 5 . 119 RAMMING/ BUMPING Police Personnel shall avoid "bumping" or "ramming" the suspect 's vehicle due to high risk of injury to the officer. Police Personnel shall not , due to extreme hazards and vulnerability, drive alongside the suspect 's vehicle . 5 . 120 UNMARKED UNITS Only in cases of unusual circumstances will a unit without a light bar become involved in a pursuit or Code 3 run and then only if the situation absolutely dictates it . In all cases involving pursuits or Code 3 runs , the un- marked unit shall : -- Terminate the pursuit when a marked unit is in a posi- tion to continue and/or -- Terminate the Code 3 run if and when advised that a marked unit is able to assume primary responsibility. 5 . 121 AUTHORIZED PERSONS IN VEHICLE An employee operating a department vehicle shall not Permit any person other than authorized City employees to ride in the vehicle . An exception shall be made when it becomes a necessity in the preformance of duty and/or authorized by the supervisor. l ITEM NO . 6 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 255 , BY TITLE ONLY FOR THE FIRST READING WITHOUT THE EMERGENCY CLAUSE . FIRST READING WITHOUT THE EMERGENCY CLAUSE ROLL CALL DOTE SHEET NOTES 1V)v.- ...... )/( -9,;y jj ji i7 // in''' '''‘ii/V ITEM # MEETING OF Nr)1 (�.�7 MOTION BY: SECOED BY:D YES NO ABSTAINED et4el-CW,V-STER-StON. ! M V COUNCILMAN HILL 1 , !C 0, CO UNC I LMAN DAM I ANO II VICE .r�.AYOR EIDSON V M' UNAN ^.OUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES 9) 1 ,"11 )j) ITEM # MEETING OF MOTION BY: SECONDED BY: Y S NO ABSTAINED VICE MAYOR FTfSON CIL EELS TH . YL , COUNCILMAN MITI L COUNCILMAN SHANKS I OUNCILMAN DAMIANO vt E UNANIMOUS IN FAVOR OPPOSED i ABSTAINED TOTAL ITEM NO . 6 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 255 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE , AND THAT 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 . 255 , BY TITLE ONLY FOR THE FIRST READING 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 . 255 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE , CHAPTER 3 ADMINISTRATION , BY ADDING ARTICLE 3-12 SAFETY COMMITTEE AND ARTICLE 3-13 SAFETY POLICIES ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS APPROVED AND ADOPTED . FOR APPROVAL (With the Emergency Clause ) ITEM NO . 6 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 255 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE , AND THAT 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 . 255 , BY TITLE ONLY FOR THE FIRST READING WITH THE EMERGENCY CLAUSE . BE IT RESOLVED BY THE MAYOR AND CITY ep 3 COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 255 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE , CHAPTER 3 ADMINISTRATION , BY ADDING ARTICLE 3-12 SAFETY COMMITTEE AND ARTICLE 3-13 SAFETY POLICIES ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS DENIED . FOR DENIAL (With the Emergency Clause) PUBLIC HEARING 1, THIS IS A PUBLIC HEARING FOR PERSON TRANSFER OF SERIES 6 IIQUOR LICENSE THE APPLICANT IS MR , MILOS LIPOVIC FOR GEORGE'S STEAK HOUSE & COCKTAILS 2, IF THE APPLICANT IS PRESENT, THE APPLICANT MAY SPEAK ON HIS BEHALF AT THIS TIME. 3, ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 4, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PUBLIC, G <( ' A ti v ,,, (i z 'qPif ` &' it y o' 47JGic`2e C unction ZO February 1, 1984 ... MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY CLERK SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT---APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE, GEORGE 'S STEAK HOUSE & COCKTAILS In accordance with the procedures for processing applications for liquor licenses , notice was posted on the premises at 1515 W. Apache Trail, Apache Junction , on the 17th day of January, 1984, by the Deputy City Clerk. The notice remained posted for twenty (20) days , during which time written arguments in favor of or in opposition to the proposed license were to be filed with the City Clerk . As of this date , there have been no objections addressed to the City on this matter . Correspondence was received from the Director .-. of Public Safety and the Director of Public Works, a copy of which is attached . The next step in the procedure is for the Council to hold a public hearing on the application and make recommendation for approval or disapproval to the State De- partment of Liquor Licenses and Control. Respectfully submitted , Approver for Agenda � e ' i.'P jL, j� lL 01 tp Item First Reading 4-��,1. Kathleen Connelly Second Reading City Clerk {-- . Public Hearing - Old Business lvc New Business - Consent Agenda Attachment 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 Am. Aialik PQACHF✓ (''''--- '�S3ef� G2 77TT ^ .,,,, � I. -,0 DEPARTMENT OF PUBLIC SAFETY U 4" . d' -y#ysr i 4i Z \\......... dflRIzoNP 'Oily o ' pacLie function W E Mc DANIEL Director Amok January 24, 1984 MEMORANDUM TO: Kathleen Connelly, City Clerk FROM: Chief W.E. McDaniel //J REFERENCE: Liquor License Application, George's Steak House & Cocktails Please be advised that the Police Department has completed a background investigation of Mr. Milos Lipovic. We can find no reason why a liquor license should not be approved. 1001 NORTH IDAHO RD. • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8260 ` ity 4 oripa4he 2uncC'n INTERDEPARTMENTAL MEMORANDUM DATE: January 20, 1984 TO: City Clerk THRU: City Manager FROM: Director of Public Works A...,SUBJECT: Application for Person Transfer of Liquor License - George' s Steak House As adequate parking is available, no objection is expressed to this application. RWB:sh Ref• 304.09 STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AFFIDAVIT OF POSTING Date of Posting: January 17, 1984 0" i Applicant: Mr. Milos Lipovic agent for Georges Steak House & Cocktails Address of Premises: 1515 W. Apache Trail Apache Junction, Arizona 85220 License(s) Applied for: Person Transfer of Series 6 Liquor License I hereby certify that pursuant to Section 4-201, A.R.S., I did post notice in a conspicuous place on the premises concerning the above liquor license(s) and said notice shall remain posted for a period of at least 20 consecutive days. Signature of City/County Clerk or Representative: Dated: 0� u: �� 19R 4 Return this affidavit with your recommendation and any related petitions to: Department of Liquor Licenses and Control 1645 West Jefferson, Suite 227 Phoenix, AZ 85007 *For text of Section 4-201, A.R.S., please see reverse. REV 8/81 FORM 128 1 STh t:e RIV 11�[7 7 c -D L.L C USE ONLY- R[V .:tI 4 I, STATE OF ARIZONA rl . DEPARTMENT OF LIQUOR LICENSES AND CONTROL -1645 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 602/255-6141 it . APPLICATION FOR LIQUOR LICENSE jAH 17 8 2; „} f 8I Type or print with black ink. NOTE- PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE YOU ARE h` - - : CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS PLANS FOR '�` •+` ' -" w,al 7".a_ "�: A GRAND OPENING,ETC. BEFORE FINAL APPROVAL AND ISSUANCE OF THE ,/\ LICENSE SECTION 1 THIS APPLICATION IS FOR A ATTACH A 1 •I,OF CM ECK � c r 1 0 NEW LICENSE Complete Sections 2 3 4 5 14 15 Reviewed by ,Ali 1 4 � �9 - 'PERSON TRANSFER Complete Sections 2 3 4 5 9 14 15 Current file flagged by• 0 LOCATION TRANSFER Complete Sections 2 3 4,5 10,14 15 Copies made for posting by ISIM "•! 0 NEW AGENT FOR CORP OR CLUB Complete Sections 2,3 4,5 11,14,15 Copies mailed for posting b }�/Ij 0 PROBATEIW ILL ASSIGNMENT Complete Sections 2.3.4.5 12,14 15)fee not required) Copies for background by -MVP at: • ❑GOVERNMENT LICENSE Complete Sections 2,3 4,5 13 14 15 Comments (U// SECTION 2. TYPE OF OWNERSHIP. t ' a /REFDAT1�o - - .. - CA INDIVIDUAL,Complete Section 7 0 CLUB Complete Section 8 CLAIM e T R • T R DATE CODE AM " - T 0 PARTNERSHIP Complete Section 7 0 GOVERNMENT 0 CORPORATION Complete Section 8 0 OTHER explain SECTION 3 APPLICANT.(All applicants must complete this Section) 1 APPLICANT'S OR AGENT'S NAME. L I T O i i L M IL U S (Insert one name only-to appear on License) Last Name First Name MMiddddle�yf�. � ,=i4 2. CORPORATION OR PARTNERSHIP NAME - - * _ Enter exact name as it appears on Articles of Inc or Partnership Agreement - +svl+ is• 3. BUSINESS NAME• �7",c- f'O, G .t is S TF4t1,t. h'O((Si' ( (©C/Ci /Lf Enter exact name as it appears on the exterior of premises _ 4- BUSINESS ADDRESS, lS/.S o1se ,14'h e 4.�.4 uss� - Do not use P.0 B6x Number - .. 5- CITY t'Y/Y/4!�{' VC 7 / COUNTY ,9_,NA// ZIP CODE. 6- MAILING ADDRESS: f ,, in c.W 4.)tiCZ /q'}NL CITY. 4,4 Z ✓I•/ STATE.- �L21P CODE:,S,_ 7. IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS OF THE ABOVE CITY OR TOWN IVES 0 NO SECTION 4. INDICATE LICENSE SERIES.Check only one:use sep form for each lions[ '1y� ` t^•1J\�\' 1.....NEW LICENSE FEES '� Total Due if Filed Total Due if Filed Person to Person Laeat, SERIES NOv 1 May 15 May 16 Oct 31 Transfer Fee Annual Renewal Transfer 0 1 DISTILLERS LICENSE (IN STATE) 1,950.00 1,775 00 600 00 350.00 200.00 '`` -.'� -,..';I''' ', 1.'" ❑ 2 BREWERS LICENSE (IN STATE) 1,950.00 1,775.00 600.00 350.00 200.00 Y 0 3 VINTNERS LICENSE (IN STATE) 1,750.00 1,675.00 400.00 150.00 200.00 4 e 0 4 WHOLESALER, ALL LIQUORS 1,850 00 1,725.00 600.00 250.00 200 00 ;`z „ 0 5 WHOLESALER, WINE AND BEER 1,700.0C 1,650.00 300 100 00 200.00 .� '" xxcx X6 ON-SALE RETAILER, ALL LIQUORS 1,750.00 I 1,675.00 150.00 200.00 ,,, � aw. ,.,,.a .,t,,,,,-.,;o., 0 7 ON-SALE RETAILER, WINE AND BEER 475.00 I 43750 250.00 7500 200.00 O 8 ON-SALE RETAILER, BEER 325.00 312,50 150 00 25 00 200.00 O 9 OFF-SALE RETAILER, ALL LIQUORS 1,150.00 I 1,125.00 200.00 50.00 200.00 O 10 OFF-SALE RETAILER, WINE AND BEER 450.00 i 425 00 200.00 50.00 200.00 O 11 OFF-SALE RETAILER, BEER 325.00 312 50 150.00 25 00 200.00 t 0 12 RAILROAD TRAIN LICENSE 1,825 00 I 1,712.50 550.00 225 00 200.00 O 13 AIRLINE LICENSE 1,825.00 I 1,712.50 550 00 225 00 200.00 0 14 PRIVATE CLUB LICENSE 1,250 00 I 1,175 00 150 00 200.00 O 15 HOTEL/MOTEL LICENSE Complete Section 6 2,100.00 1 850 00 • 500 00 • O 16 RESTAURANT LICENSE Complete Section 6 2 100.00 I 1 850 00 • 500.00 • -- 0 21 GOVERNMENT LICENSE 300.00 I 250.00 • 100.00 • •Not Permitted I �;_ --- -D L L C USE ONLY -as -„�;;; Fi_ ' - ?.. PI * FEES AI► LIC I[[ AGT CMG MPG CLV[ TOTA dads dank ,t .�- - - SECTION 6. QUESTIONS FOR ALL APPLICANTS:4 . 1 Do local zoning laws permit the sale of alcoholic beverages at the location you seek to license:(BYES ONO 2. Distance to the nearest church. (lep00r/A-n&Name/address of church: "' 3, Distance to the nearest school C 00 PTA pc Name/address of school, 4. Are you the:fOWNER ❑LESSEE ❑SUBLESSEE PURCHASER of the pram iye�si 5. If the premises is leased give name and address of lessor. r/4/ Name Address City State Zip 6. What date w lease/sublease signed. / [ Tn Term of lease is years 7 Does the lease include provision to retranster the liquor license back to the lessor at termination OYES ONO B, Has a license,or transfer of license for the premises represented herein peen denied by the State within the past sixty months OYES ENO .-;- 4,,,,.. ,4_. ? S If yes,attach an explanation /�r 1,--. /C �� Tw'4 '"l " -? 3 9. Who will manage this business: /L c'i � 411111111, Last Name First Name' Middle Each manager other than owner(s),must complete Form 134 and submit an 'applicant"fingerprint card >r '` 10, Does any alcoholic beverage manufacturer wholesaler or employee thereof have any interest in your business ❑YES / / i+S,cW !..) '.l�xi,'.x .. ENO/ / / / / / 11 Is the premises licensed with a license other than the one for which you are applying.OYES �NO If so give license No. licensee:)exactly as it appears on License) _ Last Name eV First Name Middle ems/12 hat is your Arizona State Sales Tax(Privilege)License No /!— 6/6'7 - '43- Do you understand that a portion of the fees such as Application Fee($50.00)and Interim Permit Fee(if applicable)is not refundable ES ❑NC -- :_ SECTION 6 FOR SERIES 15 OR 16 APPLICANTS: _ - - 1 Is there a valid Series 15 or 16 license currently issued at the proposed location.OYES 0 NO If so,enter licensee's name exactly as it appears on lice License No / / / i / / - •- Last Name First Name Middle NOTE: If the answer to question 1 above is "yes" you may qualify for an Interim Permit to operate while your application is pending, consult Section 4-203.01, A.R.S. complete a Form 176 attach appropriate fee, attach the current license,and submit with this - - application. -• - _ 2. What percentage of your gross sales represents the purchase of 'meals" % 3. How much of your floor space is designed for restaurant dining ha ft) ,Seating capacity for dining purposes - 4, Have you attached a copy of your menu that includes prices OYES ONO (If not explain) • * - '__y `, • _. _Y SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS. - - - - 1 Answer the following questions (If applicants are married answer each question for both husband and wife) Percentage Owned Last Name First Name Middle by each person Residence Address City State L t p e v f c. M i t_ 0 s / e' It l_5 E . it pe..ci.hz Kb"' Tr.,f_,b Applicant(enter here and in section 3) - Partner for Spouse) Partner Partner Attach additional sheet If necessary EACH PERSON LISTED MUST COMPLETE FORM 120A AND AN"APPLICANT"TYPE FINGERPRINT CARD 2. Is each person listed above a bona fide resident of Arizona:I[s/'ES ONO 3. Is any parson,other than the above going to share in the profits/losses of the business OYES ENO ;r✓R,& i; „f^F x' fib' SECTION 6. CORPORATION OR CLUB APPLICANTS. r .;q .t- -. 1 Name of corporation or club %•" 'a" 5.'- ., rn4 ,▪ ,.?_- (Enter exactly as it appears on Articles of Inc or Club Charter) 2 Date incorporated or chartered' State where incorporated a 3, Arizona COfinfrretion Commission File No. Date authorized to do business in Arizona. `y etrSi .+e� 71t �' �y't-4,4x ,yiLts.'.:i 4, Is corporatigpor club nonprofit.OYES ONO If so give I,R,S tax exempt No. 5. If a club refef io Section 4-101,4 A.R.S. and enter the subparagraph under which you are applying. �-',4 • - - • -::-a=d 6' List officers and directors s Last Name i_- First Name Middle Title Residence Address City State,. • r` Attach additional sheet if necessary +r rr -:x-rc 7 List stockholders owning 10%or more- ,-i, } ;�:_ L • EACH PERSON LISTED MUST COMPLETE FORM 120A AND SUBMIT AN"APPLICANT"TYPE FINGERPRINT CARD. "_ Last Name First Name Middle Percentage owned Residence Address City/State/2 - - _ If this Corp is owned by another corp.,attach an ownership officer/director disclosure for the parent corporation Attach additional sheets as necessary y z.•"�.+'-r"Wit'1% - '*- ;i.i s'+err' a I. \ • I a-" SECTION 9 PERSON TO PERSON TR N:'"�DUESTIONS TO BE COMPLETED BY CURRENT ISEE. li ILF t'J c ��//� e S%)4TC .-� .. eyj�, 4'?`"?. ,;.; ..,,,L 1.** 1Current licensee• Entity Exactly as It appears on license List Name _ / / ,1 First Name Middle Etal,Agt,el t 2. Corporate name: �/J€ ,L/.l If current lice° is in the name of/a corporation enter exactly as it appears on license 3. Current business name _7.0.)t°G Sc 7-..-.9X / ,F AW.17 L/ -il - N / Exac y as i ppears on license .// /� 4. Current business address. L6_/5 /(/ e 7A� , /��/L [ /S'County: /�l9 Exactly as i app ar on license• jj��/ r, Qom^ Ap7A� C/�� i� -1 oN .4 ;12 ZIP COD E: FS ' "Q 5. Licrose Series:OA/, v / License Number Q/ap/G ii/lQ/ / Date of last renewal..J 3)_$3 6. Have you complied with the Uniform Commercial Code concerning bulk sale transfers' ES ONO If not,attach an explanation 7 Have all creditors,lien holders interest holders etc been notified of this transferX,ES ONO 8. Does the applicant intend to operate the business while this application is pending: .YES ONO If so complete Form 176 attach appropriate fee a �� ..,*. ..,- .;M,n, `^'° current license and submit with this application If Series 6 7 8 9 10 11 12 or 13 only) 9. To be completed by the CURRENT LICENSEE A/91 sis,, I HEREBY RELINQUISH MY RIGHTS TO THE ABOVE DESCRIBED LICENSE TO THE APPLICANT NAMED H EIN AND Y Er AND SAY THAT THE STATEMENTS MADE IN S N ARE TRUE CORRE AND COM LETE /) INN l� �v.Pr .� k- C/f/ j�v iz 1. 101�lt 6 STATE OF 4. 4 nature Cuof curr licensee te signed COUNTY OF - SUBSCRIBED AND SWORN TO fore me this day of i1-2-4 — id <a 127. My Commission expires on MySignature of NOTARY PUBLI �gq 0u, ,“,,t.;iSIWa f-rn II Ig$f) SECTION 10 LOCATION TO LOCATION TRANSFER QUESTIONS.(Does not apply to Series 15,16 or 17G) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS FINALLY APPROVED BY THE STATE .. 1 Current business address. County. Exactly as it appears on license City ZIP Code. _ _ 2. Current business name. T Exactly as it appears on license 3 New business address' County Also enter in Section 3 Do not use P O Box Number City ZIP Code - 4 New bum s name: -.^tits:lt,IVr. -4-445 .fTil Also enter`n Section 3 5. License Series. License Number / / / / / / f Date of last renewal : - _ 6. What date cfo you plan to move. Date of planned opening !".:J FEE=$100 (Refer to Section 4-209.H ARS r- SECTION 11 APPOINTMENT OF NEW AGENT FOR CORPORATION OR CLUB LICENSE for multiple agent change fees) ��.' 1 Current Aga name Exactly as it appears on license Last Name First Name Middle 2 New Agent's r f;te. Also enter in Section 3 Last Name / First Name Middle l 3 License Series. License number / / / / / / Date of last renewal 4. Does this transaction involve the sale of any portion of the corporate stock OYES ONO If so,Complete Section 8. 5. To be completed by a CORPORATE OFFICER I. HEREBY CONSENT TO THE AGENT APPOINTIv'. Printed Name of Corporate Officer - NAMED HEREIN AND AGREE TO IMMEDIATELY ASSIGN A NEW AGENT IN THE EVENT OF THE DEATH REYfION DISCHARGE OF THIS AGENT I ALSO UNDERSTAND THAT IF THE BACKGROUND REPORT SHOWS THAT I, THE COI 'ION ANY OFFICER DIRECTOR OR STOCKHOLDER HAVE BEEN CONVICTED OF A FELONY IN THE PAST FIVE YEARS ur. A LID VIOLATION IN THE PAST YEAR I WILL IMMEDIATELY SURRENDER THE LICENSE TO THE ARIZONA DEPARTMENT OF LIQ y,e - - LICENSES AND CONTROL AND HEREBY WAIVE ALL RIGHTS TO APPEAL SUCH ACTION t?- ',,,";. - STATE OF Signature of corporate/club officer COUNTY OF SUBSCRIBED AND SWORN TO before me this.;.3 day of 19 .wtf•.r. My Commission expires on Signature of NOTARY PUBLIC ,•9 iigy AZ 'y SECTION 12 PROBATE OR WILL ASSIGNMENT OF AN EXISTING LICENSE(Does not apply to corporations/' 1 Current licensees name (Exactly as it appears on license/ Last Name First Name Middle . 2 Assignee's name (Also enter in Section 31 Last Name First Name Middle 3 License Series Licensee numlxa / / J / . / Date ul last renewal 4 Attach a certified copy of the will or probate distribution instrument that specifically distributes the liquor license to the assignee r r .:'R M1 . a¢a r ' '1:4 _ t • SECTION 13 GOVERNMENT LICENSE(for cities towns,or counties only/ `:>p. _ _ 1 Person to administer this license (Also enter in Section 3) Last Nance First Name Middle 2 Applicant. Attach respective governing briny s authorization N.une of city Town of County 3 Have you answered ALL quesbrms in Section 3 including the location to be licensed OYES ❑NO 4 Do you understand that you can only serve alcoholic beverages for consumption on the licensed premises-OYES ONO 5. Will a concessionaire be using this license OYES ONO II so itlach the agreement mil 1ppropriate authorizations required by Section 4.205.03 A 6 Do you understand a separate license must be obtained for each premises from which alcoholic beverages are to be served' 0 YES 0 NO 1 . Aft. Ask SECTION 14 DIAGRAM OF PREMISES(Diagram must be on this form blueprints not accepted) •• ;. _ .. - 1 SHOW ONLY'THE AREA TO BE COVERED BY THIS LICENSE INCLUDE ALL ENTRANCES/EXITS DRIVE IN WINDOWS,SERVICE WIND LIQUOR STORAGE AREAS,AND DIMENSIONS OR SQUARE FOOTAGE FIGURES 00 NOT INCLUDE PARKING LOTS LIVING QUARTERS SERIES 15 AND SERIES 16 APPLICANTS MUST EXPLICITLY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES 4t 91 =1i1 :a'Has 'moo' is- )i —`d21 /.1", t.L-t it s ti_yd t, J N 10-1 M g /9I 0 4 , b31oO) ti f 71 ' £Y. N1-r7dM I �oe i , "DVy01.5 L, Natl-Di)N isib v , 39tl`JOS„$ Ir i 3-9Ncto1 X. ry 10 _ lNa f frAl°�'L( I cx RV W r� y K 7 x� ,-W' _ ,‘ Z Do you agree to notify the Department of any changes of boundaries,entrances exits,or service windows prior to modification.. YES ONO �� 3. The above diagram is the only area where alcoholic beverages are to be sold served consumed din '� '1+.+�t"T'a�< 'r_r agr Y 9e penned possessed or stored Signature of applicant/agent s..._S.1% SECTION 15. SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS STATE OF ARIZO A I _ 1 ss COUNTY OF/ , '�C• 1 ' I, /j/1.L C S X/J)K't 1/I C ,BEING FIRST DULY SWORN UPON OF Printed Name of Applicant{or Agent if Corp or Club) - HEREBY DEPOSE SWEAR AND DECLARE UNDER PENALTY OF PERJURY THAT 11) I AM THE APPLICANT (OR AGENT - -. - APPLICANT IS A CORPORATION/CLUB) MAKING THE FOREGOING APPLICATION (2) THAT SAID APPLICATION HAS BEEN READ .. ' THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEREIN ARE TRUE CORRECT, AND COMPLETE (3) T. THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR TAXING AUTHORITY, REGULATc - _ AUTHORITY OR TRANSFEROR (4) THAT NO OTHER PERSON FIRM OR CORPORATION, EXCEPT AS INDICATED HEREIN HAS S 4.?_ 4 F INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOR WHICH THESE STATEMENTS ARE MADE, (5) AND THAT NONE OF OWNERS, PARTNERS, OFFICERS DIRECTORS, OR STOCKHOLDERS LISTED HEREIN HAVE BEEN CONVICTED OF A FELONY IN _ - -' '` PAST FIVE YEARS OR A LIQUOR VIOLATION IN THE PAST,Y, AR. r Signature / (/ ,, SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this day of izjsc ,jr, 1� Signatur f NCO A` BDC�`� JJJ My Commission expires on liE Contrite Fepijsj Noy,29,I986 ---'C nw«-i.+ ..i �; r 7., „. fir^ —. -w- , x r a' FORM ia0A —D.L.L.0 USE ONLY— " - • STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON.SUITE 227 PHOENIX,AZ 85007 1 ".. 602/255 5141 , 'I y I J I ��J QUESTIONNAIRE +:::;": ::- .r - TO BE COMPLETED BY EACH OWNER PARTNER STOCKHOLDER (10% OR - MORE), AND MANAGER ALSO, EACH PERSON COMPLETING THIS FORM ,,,,sose^ .. MUST SUBMIT AN APPLICANT' TYPE FINGERPRINT CARD, WHICH MAY BE r OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY w1x READ CAREFULLY,TI1LS INSTRUMENT IS A SWORN DOCUMENT �`��"�- 1 Name L ` P O Y t PI i L.(') Date of birth I D -- 4 'S 8 _ - Last First ,(/ /MiiJddle Month day year - 2 Business Name ES S Tg-4 K /4/.SE cy(:yc it aPlace of birth. /v li G-V-7,4.N V 1 A - - (As it appears in Section 3 of Form 1201 City State _ - 3 Business address 4s/_S /I/ / ,//a.e,6 /(j s��Z JC jL ��,L i,r, C (Do not use P O[BBoa nur,(berl q iCity /-� County Zip Code 4 Drivers license No. 4 I 3 7 . //if a Height ' 1 Weight. I b l I Eye color.Ri(y•-,of Hs,'color ER OW State //�- 5 Name of spouse Date of birth First 4/P, 1Midddle Last Maiden a oi �.x a, y�y 5 .w 6. Of what state are you a bona fide resident �' O"rA If Arizona date of residency 1 1- rX I-s - -7 , 7 Indicate your employment or business engaged in during the past five years.II unemployed part of the time so state Time Describe Position Employer's Name or Name of Business 04 Employed or Business (Give Street Address,City,State,and Zip Code) ' A DATES / D Present Position or business engaged Ilk es E� PA iv 7/�is �/ /./- /-f�//l� 7/�V ain B DATES ,!� p _ Position held or business engaged in Q C /' ,J U1444 immediately preceding above(Al /—z_ S l /j Z - / � Jim C DATES /153 O C/47E,) O.a2 L' 5 .ZS/ I` x 7-6,Position held or business engaged in 7- - " immediately preceding above(BI g_Aay-78 V-rE d)CF ie S — Attach additional sheet if necessery 8. Indicate where you have resided for the last five years. } '*,C ' :,, , 1� .r" -`^ FROM TO RESIDENCE "V' - c " } Month Year Month Year Street City State Zip Code 17 q (` icAJ?_ rl1;lS C- APar1.4._ RIvd -terra p..1 47 4S1g1 a n+ r .. 11. 1 — '1 q I:2.2 u L M 12_-..._ -1 (e I - le) -tag A) Ilts:i s'ic CR, MPea.- Ft---p e San t Attach additional sheet if necessary t • ,1 i1A1. I -- tJ 9. How many hours per day will you personally spend managing the business related hereto . 1,` ` }3 A I n r S 113. Give Telephone Numbers for 7 .2 — y.I S.2 1 LI— 16 O.S Business Residence 11 Have you ever been detained cited ed.indicted or summoned into court for violations of any law or ordinance including ti �s 6 : `f` _ traftc violations and liquor violations ,/ / y F1YES ONO 12 Have you ever posted bond,been ordered to deposit bail,been lined,imprisoned had sentence surpond 7 r placed on probation for violation of Eli law or ordinance OYES ONO 13 Have you ever had a business.professional or liquor license rejected denied,revoked,suspended or fined in this or any other OYES VNO 14. Have you ever had an application for any business,professional or liquor license rejected or denied DYES 1itN0 15. Hes anyone ever filed suit or obtained a ludgmeni against you in any civil action, the subject of which involved Irwrd or misrepresentation of a liquor related matter .^:' Y OYES jCwo • T•{. "L If any answer to Questions 9 through 15 is 'YES',attach a signed statement giving complete details. - - -- 17 Are you familiar with Arizona State Liquor Laws and Regulations dBrES E 113. Do you agree to keep your Arizona State Sales(Privilege)Tax Account and your city permit fees(if 1applicabte)current' EYES C ., I t 19. Do you agree to notify the Department of Liquor of any proposed change of business mania pribr to mat �any such changes- DYES C 20. Do you agree to post the permit or license if issued in a contpicious place on the premises and within view of the general public RYES E _, 21 Do you agree to parches.,all liquor wine and beer supplies only from licensed Arizona wholesalers. RYES C 22 Do you agree to keep all records,invoices and other documents relating to the purchase sale,or delivery of alcoholic beverages for a 1O�� period of two years and to have them easily accessible for examination ei r ES C _ 23. Do you consent,for the duration of the permit or license if issued to the entrance,inspection and search by any law enforcement > _ official,without a warrant or other process of your licensed premises to determine whether you are complying with the provisions of - the State Liquor Laws.Regulations,and Board Directives EYES C 24 Do you consent to an investigation of your background including all records of every kind and description including police records - - -r - and to waive any rights or causes of action that you may hwe against the Arizona Department of Liquor Licenses and Control and any other individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control ,'ES C - - 25. 11 any answer to Questions 17 through 24 is 'NO' attach a signed statement giving the reasons for such answers FALSE OR INCOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE ENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT _ - • STATE OF A /' 1 • - 1 ss COUNTY OF 1 A7/.L O S• /7 t ✓/C ,BEING FIRST DULY SWORN UPON OATH,HER { .y, Printed name of applicant _ _ > DEPOSE.SWEAR,AND DECLARE UNDER PENALTY OF PERJURY THAT I AM THE APPLICANT MAKING THE FOREGOING QUESTIONNA AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEIR ARE TRUE.CORRECT AND COMPLETE Signature SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this//.fZ. day of 1 NfLrJ/i� 19� w.e.) _ s Sig atye of NOTARY PUBLIC My Commitsion expires on1�{.S r-IXtf11 .a)0 F.s v MI `9 41 4.11% *r;any GK� ➢ „' rit ze �S- W,ex r`-s.•aI st.ax ..al�"r tom- R+worse.lbN + ar sue.'* i „ w• dam.- , • 'Z t ROLL CALL VOTE SHEET NOTES i , ....... ' 19-/ V ITEM # MEETING OF MOTION BY: M U-6W SECONDED BY: ciiri ` TNO ABSTAINED COUNCILMAN SHANKS COUNCILMAN DAMIANO V VICE MAYOR EIDSON V COUNCILMAN ICI L L I UNANI' US ,I IN FAVOR OPPOSED ABSTAINED TOTAL .ram • t X,�, .• ITEM NO . 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE , SUBMITTED BY MILOS LIPOVIC FOR GEORGE ' S STEAK HOUSE & COCKTAILS , BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR APPROVAL • • • • • :,.- - ITEM NO . 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE , SUBMITTED BY MILOS LIPOVIC , FOR GEORGE ' S STEAK HOUSE & COCKTAILS BE RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . DENIAL PUBLIC HEARING C 1, THIS IS A PUBLIC HEARING FOR PERSON TRANSFER OF SERIES 10 LIQUOR LICENSE THE APPLICANT IS MR, THOMAS M, COSGROVE FOR CIRCLE K STORE #1556 2, IF THE APPLICANT IS PRESENT, THE APPLICANT MAY SPEAK ON HIS BEHALF AT THIS TIME, 3, ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 4, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PUBLIC, ....... ,...... rs ,CHEE o 4 U�' s,4j Z tl1lgius: "qRiZONP COi1y o &ipache ounction February 1, 1984 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY CLERK SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT---APPLICATION FOR PERSON TRANSFER OF SERIES 10 LIQUOR LICENSE, CIRCLE K CORPORATION In accordance with the procedures for processing applications for liquor licenses , notice was posted on the premises at 2360 W. Broadway, Apache Junction, on the 6th day of January, 1984 , by the Deputy City Clerk . The notice remained posted for twenty (20) days , during which time written arguments in favor of or in opposition to the proposed license were to be filed with the City Clerk. As of this date, there have been no objections addressed to the City on this matter . Corres- pondence was received from the Director of Public Safety and the Director of Public Works , a copy of which is attached. The next step in the procedure is for the Council to hold a public hearing on the application and make recommendation for approval or disapproval to the State Department of Liquor Licenses and Control. Respectfully submitted , �n' Approver for Agenda �. Q d— Alt , It # L ,4-7 — f First Heading '7IN `� Kathleen Connelly Second Reading _ City Clerk ...1_,---... Public Hearing Old Business lvc New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 PQp,CHF do �— ttImo: p DEPARTMENT OF PUBLIC SAFETY U a ;r " z '1P'ZONP `pity o, &ipache unction W E McDANIEL Director /mlikk January 24, 1984 MEMORANDUM TO: Kathleen Connelly, City Clerk FROM: Chief W.E. McDaniel td9m REFERENCE: Liquor License Application, Circle K Corporation Please be advised that the Police Department has completed a background investigation of Mr. Thomas M. Cosgrove. We can find no reason why a liquor license should not be approved. 1001 NORTH IDAHO RD. • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8260 &pewize 2unci)n INTERDEPARTMENTAL MEMORANDUM DATE: January 20, 1984 TO: City Clerk 1 THRU: City Manager FROM: Director of Public Works SUBJECT: Application for Person Transfer of Liquor License - Circle K As adequate parking is available, no objection is expressed to this application. RWB:sh Ref: 304.09 Y n ^/ STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AFFIDAVIT OF POSTING Date of Posting: January 6 , 1984 Applicant: Mr. Thomas M. Cosgrove for Circle K Corporation Address of Premises: 2360 W. Broadway Apache Junction, Arizona 85220 License(s) Applied for: Person Transfer of Series 10 Liquor License I hereby certify that pursuant to Section 4-201, A.R.S., I did post notice in a conspicuous place on the premises concerning the above liquor license(s) and said notice shall remain posted for a period of at least 20 consecutive days. A Signature of City/County� Clerk or Representative: r9-4-t. I . O )C),E1e, fin ()) 4 rfeA.1 Dated: a_lt_C,t , �� r /2 1 Re um this affidavit with your recommendation and any related petitions to: Department of Liquor Licenses and Control 1645 West Jefferson, Suite 227 Phoenix, AZ 85007 *For text of Section 4-201, A.R.S., please see reverse. REV 8/81 FORM 128 •'- r • ® 4 FORM /1 -DL.LC USEONLY- _ REV 11 1 10 1 S SPATE OFLE 1 oy / 1 O 3 0 DEPARTMENT OF LIQUORR LICENSE S AND CONTROL 1645 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 602/255-5141 APPLICATION FOR LIQUOR LICENSE Type or print with black ink W NOTE• PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS AND CIRCUMSTANCES "` -it OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE YOU ARE ,. '%_ _ - CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS,PLANS FOR - A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE Asse\ LICENSE SECTION 1. THIS APPLICATION IS FOR A ATTACH A%FRO COPY OF CHECK.MO...C C _ 0A NEW LICENSE Complete Sections 2,3,4 5 14 15 Reviewed by- cepted by'S./ q�PERSON TRANSFER,Complete Sections 2 3 4 5,9,14 15 Current file flagged by 1 l - f 0 LOCATION TRANSFER,Complete Sections 2 3 4,5,10,14 15 Copies made for posting by.._s v 0 NEW AGENT FOR CORP OR CLUB Complete Sections 2,3,4,5,11,14,15 Copies mailed for posting by,-- .^) Date:/2' 0 PROBATE/WILL ASSIGNMENT,Complete Sections 2,3,4,5,12,14,15(fee not required) Copies for background by, Date.: 0 GOVERNMENT LICENSE,Complete Sections 2 3 4,5,13,14,15 Comments l01 //0 3 O • - SECTION 2 TYPE OFt1WNERSHIP- _ •�` REP DATA 0 INDIVIDUAL,Cot'ete Section 7 0 CLUB Complete Section8 0 PARTNERSHIPCI- I e T R.e T R DATE coOE AMT . plate Section 0GOVERNMENT rICCORPOR,ATIONVomprete Section 8 ❑OTHER explain r 'erl+ SECTION 3,7 APP CANT•(All applicants must complete this Section) I�r (C��r Ir 1 V 1 APPLICAPOU OR AGENT'S NAME COSGROVE THOMAS M. (Insert one name only-to appear on License) Last Name First Name adlidd) -' - � � • . 2- CORPORATION OR PARTNERSHIP NAME THE CIRCLE K CORPORATION Enter exact name as It appears on Articles of Inc or Partnership Agreement •- - 3. BUSINESS NAME Circle K Convenience Store # 1556 Enter exact name as it appears on the exterior of premises 4. BUSINESS ADDRESS: 2360 W Broadway Do not use P O Box Number 5- Dlro Apache Junction COUNTY Final 8522C ZIP CODE. 6. MAILING ADDRESS. P 0 Box 20230 CITY Phoenix STATE: AZ ZIPCODE• 8503E - - _- 7 IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS OF THE ABOVE CITY OR TOWN. 20CVES 0 NO �- - - - SECTION 4. INDICATE LICENSE SERIES.Cheek only one:use separate form for each license a', I 1.... •. - • NEW LICENSE FEES Total Due if Filed' Total Due if Filed Person to Person Location SERIES Nov 1•May 15 . May 16 Oct.31 Transfer Fee Annual Renewal Transfer F. 0 1 DISTILLERS LICENSE (IN STATE) 1,950.00 1,775.00 600.00 350.00 200.00 * 1 O 2 BREWERS LICENSE (IN STATE) 1,950.00 1,775.00 600.00 350.00 I 290.00 1 O 3 VINTNERS LICENSE (IN STATE) 1,750.00 t 1,675 00 400.00 150.00 200.00 x 0 4 WHOLESALER, ALL LIQUORS 1,850.00 : 1,725.00 600.00 250.00 200.00 -'. 8`;,'`: -. ''' :.h". vxra .., p =-% 0 5 WHOLESALER, WINE AND BEER 1,700.0C t 1,650.00 300.00 100.00 20000 O 6 ON-SALE RETAILER, ALL LIQUORS 1,750.00 I 1,675.00 400.00 150.00 200.00 O 7 ON-SALE RETAILER, WINE AND BEER 475 00 I 437 50 250.00 75.00 200 00 O 8 ON-SALE RETAILER, BEER 325 00 312.50 150.00 25 00 200.00 r t,. 0 9 OFF-SALE RETAILER, ALL LIQUORS 1,150.00 I 1,125.00 200.00 50.00 200.00 tH 10 OFF-SALE RETAILER, WINE AND BEER 450.00 425.00 200,0 50.00 200.00 .. ❑ 11 OFF-SALE RETAILER, BEER 325.00 I 312 50 150.00 25.00 200.00 ❑ 12 RAILROAD TRAIN LICENSE 1,825 00 I 1,712 50 550.00 225.00 200.00 ❑ 13 AIRLINE LICENSE 1,825 00 I 1,712.50 550 00 225 00 200.00 O 14 PRIVATE CLUB LICENSE 1,250 00 1,175 00 150.00 200 00 iE F Y•, - ' , 0 15 HOTEL/MOTEL LICENSE Complete Section 6 2,100.00 1,850.00 • 500.00 • - ❑ 16 RESTAURANT LICENSE, Complete Section 6 2,100 00 I 1,850.00 • 500.00 ❑ 21 GOVERNMENT LICENSE 300.00 250.00 • 100.00 • 'Not Permitted I •D L L C USE ONLY- +AY r -•'' . - PI V ak FEES• An LIC FEE ACT CMG MFG CLUB TOTA AM. xams. sa - t.E...C1=D QUESTIONS FOR ALL APPLICANTS: 1 Do local zoning laws permit the sale of alcoholic beverages at the location you seek to license: ES - _ - - 2. Distance to the nearest church 5L`E tquc-1 eb Nome/address of church: CV (r 3. Distance to the nearest schoolsEf ATM cl4f.b Name/addressu� of school o Ve 0 4. Are you the:❑OWNER, ❑LESSEE, ❑SUBLESSEE INKURCHASER of the premises. 5. If the premises is leased,give name and address of lessor Name Address City State Zip - 6. What date was lease/sublease signed: Term of lease Is. years 7 Does the lease Include provision to retransfer the liquor license back to the lessor at termination'OYES ONO s,� •__ yp- 1a Has a license,or transfer of license,for the premises represented herein been denied by the State within the past sixty months.OYES NO If yes,attach an explanation �' to be selected 9. Who will manage this business. Last Name First Name Middle Each manager other than owner(s) must complete Form 134,and submit an"applicant' fingerprint card. 10. Does any alcoholic beverage manufacturer,wholesaler or employee thereof have any Interest in your business.OYES 21NO / • 11. Is the premises licensed with a license other than the one for which you are applying:OYES alga If so,give license No: / 1 _ Ilcansee.(exectly as it appears on License) _ - - Last Name /r'��7 FirstrO�NQ 1 Name Middle 12. What Is your Arizona State Sales Tax(Privilege)License No• Z y 1 —�./ 6_ 13. Do you understand that a portion of the fees such as Application Fee($50.00)and Interim Permit Fee(If applicable)is not refundable DYES NO SECTION 6. FOR SERIES 15 OR 16 APPLICANTS. 1 Is there a valid Series 15 or 16 license currently issued at the proposed location OYES 0 NO If so enter licensee's name exactly as it appears on licen - License No � / 1 l Last Name First Name Middle NOTE. If the answer to question 1 above is "yes" you may qualify for an Interim Permit to operate while your application is Pending consult Section 4-203.01 A.R.S. complete a Form 176, attach appropriate fee, attach the current license and submit with this application. _ 2. What percentage of your gross sales represents the purchase of 'meals" 3. How much of your floor space is designed for restaurant dining(sq.ft) ,Seating capacity for dining purposes. 4. Have you attached a copy of your menu that includes prices OYES ONO (If not,explain) SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS. 1 Answer the following questions-(If applicants are married,answer each question for both husband and wife) Percentage Owned "rd7 Last Name First Name Middle by each person Residence Address ram) City State,Zle Applicant(enter here and in section 3) O • Partner(or Spouse) Partner 'l ego Partner Attach additional sheet if necessary _ EACH PERSON LISTED MUST COMPLETE FORM 120A AND AN"APPLICANT"TYPE FINGERPRINT CARD - 2. Is each person listed above a bona tide resident of Arizona'OYES ONO 3 Is any person other than the above going to share in the profits/losses of the business.OYES ONO y _ I • "•,*-,•:•:;:-.."--':;r".k,,jihfr SECTION 8. CORPORATION OR CLUB APPLICANTS: 1 Name ofcorporationrE FutCIRCLE K CORPORATION • (Enter exactly as It appears on Articles of Inc or Club Charter) 2. Date incorporated or chartered• 6/8/51 State where incorporated. Texas 3 Arizona Corporation Commission File No: f-006598-0 Data authorized to do business in Arizona: 6/01/57 - 4. Is corporation or club nonprofit OYES XT510 If so give I.R.S tax exempt No 5. If a club,refer to Section 4-101 4 A.R.S. and enter the subparagraph under which you are applying: 8. List officers and directors � Last Name First Name Middle Title Residence Address City,State,Zi The names and addresses of the officers, directors and stockholders who onw 10 % or more of the Corooration and farms 1-71 executed by each of the same are on fi:e with the State Dept P t of Liquor, Phnenl office in a separate 'Master File" w'Zirh ls, inrnrpnrateri herein by reference_ Attach additional sheet if necessary • - • 7. List stockholders owning 10%or more s - - EACH PERSON LISTED MUST COMPLETE FORM 120A AND SUBMIT AN"APPLICANT' TYPE FINGERPRINT CARD Last Name First Name Middle Percentage owned Residence Address City/State/21i Same A ahnVe _ If this core is owned by another core.,attach an ownership officer/director disclosure for the parent corporation Attach additional sheets as necessary li I F#i ' r• ECTION 9 PERSON TO PERSON TRANSFER QUESTIONS TO BE COMPLETED BY CURRENT LICENSEE• ' 1 Current licensee Mohr Arthur W. Entity Owner Exactly as it appears on license Last Name First Name Middle 'Eta! Agt etc 2. Corporate name If current license is in the name of a corporation,enter exactly as it appears on license i 3. Current business name Mohr J.J.J. Market Exactly as it appears on license 4. Current business address. 2360 W Broadway County. Pinal Exactly as it appears on license city. Apache Junction zIPcoDE• 85220 5. License Series: 10 License Number: I/1/1 / 0/ 3/0 / Date of last renewal. 12/31/8 3 • _ _ 6. Have you complied with the Uniform Commercial Code concerning bulk sale transfers:gYES ONO. If not attach an explanation 7 Have all creditors lien holders interest holders,etc been notified of this transfer.XYES ONO 1`E A�cr•`.•` 8. Does the applicant intend to operate the business while this application is pending.. YES ONO If so complete Form 176 attach appropriate fee,att- current license.and submit with this application(for Series 6 7 8 9 10 11,12 or 13 only) /eek 9. To be completed by the CURRENT LICENSEE '"-• • I HEREBY RELINQUISH MY RIGHTS TO THE ABOVE DESCRIBED LICENSE TO THE APPLICANT NAMED HEREIN AND HE, DEPO Y sy„ AND SAY THAT THE STATEMENTS MADE IN THIS SECT ARE UE,CORRECT D COMPL E STATE OF Arizona Sign ure o current licensee Date signed -- - COUNTY OF Maricopa 4• -SUBSCRIBED AND SWORN TO before me this 27 day of December .19Q My Commission expires on 9/18/8 5 Signature of N ARV PUBLIC .st-..-i' tip•. i - - SECTION 10 LOCATION TO LOCATION TRANSFER QUESTIONS'(Does not apply to Swiss 16.16 or 17G) , APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS FINALLY APPROVED BY THE STATE ' 1 Current business address. County. - - Exactly as it appears on license _ City ZIP Code. 2. Current business name. Exactly as it appears on license 3. New business address' County .- .. _.._ Also enter in Section 3 Do not use P 0 Box Number l City ZIP Code: ' z .- x,,t 4 s-.. i;-,.7rs. -"44 4 New business name• Also enter in Section 3 • -- 5. License Series.C", License Number- / / / / / / / Date of last renewal 6. What date do you plan to move: Date of planned opening: z - , FEE•$100 (Refer to Section 4-209.H,ARS SECTION 11 APPOINZMENT OF NEW AGENT FOR CORPORATION OR CLUB LICENSE: for multiple agent change fees) V 1 Current Agee-oojtame. Exactly as it appears on license Last Name First Name Middle 2 New Agent'uame. Also eater ins ` jction 3 Last Name First Name Middle 3 Licenseer Swift) License number: / / / / / / / Date of last renewal 4. Does this tfe7w action involve the sale of any portion of the corporate stock OYES ONO If so Complete Section 8. ' - - 5. To be completed by a CORPORATE OFFICER I I. HEREBY CONSENT TO THE AGENT APPOINTMEt Printed Name of Corporate Officer NAMED HEREIN AND AGREE TO IMMEDIATELY ASSIGN A NEW AGENT IN THE EVENT OF THE DEATH, REST'/^)N DISCHARGE OF THIS AGENT I ALSO UNDERSTAND THAT IF THE BACKGROUND REPORT SHOWS THAT I THE CORE. iON ANY OFFICER DIRECTOR OR STOCKHOLDER HAVE BEEN CONVICTED OF A FELONY IN THE PAST FtVE YEARS OR A LIQU( VIOLATION IN THE PAST YEAR, I WILL IMMEDIATELY SURRENDER THE LICENSE TO THE ARIZONA DEPARTMENT OF LIQUC LICENSES AND CONTROL AND HEREBY WAIVE ALL RIGHTS TO APPEAL SUCH ACTION I STATE OF Signature of corporate/dub officer COUNTY OF _, SUBSCRIBED AND SWORN TO before me this day of 19 My Commission expires on Signature of NOTARY PUBLIC SECTION 12 PROBATE OR WILL ASSIGNMENT OF AN EXISTING LICENSE(Does not apply to corporations) 1. Current licensee's name. e (Exactly as It appears on license) Last Name First Name Middle 2. Assignee's name. -- (Also enter in Section 31 Last Name First Name Middle 3 License Series. License number / 1 / / / / / Date of last renewal. 4. Attach a certified copy of the will or probate distribution instrument that specifically distributes the liquor license to the assignee SECTION 13 GOVERNMENT LICENSE(for cities,towns,or counties only): ' •- •-- - 1 Person to administer this license. ' •• - (Also enter in Section 3) Last Name First Name Middle 2 Applicant: Attach respective governing body s authorization Name of City Town or County 3 Have you answered ALL questions in Section 3.including the location to be licensed OYES ONO 4 Do you understand that you can only serve alcoholic beverages for consumption on the licensed premises OYES ONO 5. Will a concessionaire be using this license OYES ONO If so attach the agreement and appropriate authorizations required by Section 4.205.03 A - 6. Do you understand a separate license must be obtained for each premises from which alcoholic beverages are to be served 0 YES 0 NO .T?""Ai-:,". ay:�'i:: •,-*"- SECTION 14 DIAGRAM OF PREMISES!Diagram oust be on this form,blueprints not accepted)' _ 1 SHOW ONLY THE AREA TO BE COVERED BY THIS LICENSE INCLUDE ALL ENTRANCES/EXITS,DRIVE IN WINDOWS,SERVICE WINDOW LIQUOR STORAGE AREAS,AND DIMENSIONS OR SQUARE FOOTAGE FIGURES DO NOT INCLUDE PARKING LOTS LIVING QUARTERS,ET -- SERIES 15 AND SERIES 16 APPLICANTS MUST EXPLICITLY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES (.4 ri. - • WINE BOOR 300 rSf• WALK IN CD of.£2 RKK CI�E£Q 4 WIrac) 2.(>s8 sr. 421 lot19LE DooRs A-.-• ,yea O(Ass 1'R0}11- 00 GLASS GROG r`n c-) b. FRO 07 0 ZZ Cos 4) r y { ▪ a.t1S.f' 'S£1 :▪1 77,- '"' 2. Do you agree to notify the Department of any changes of boundaries,entrances,exits,or service windows prior to modification. YES pNO -.• '.-Saw. r r 'r.: _ • -2-�r.'PvF 1.. y:u :��-. 3, The Moo/Pram agram is the only area whesx alcoholic beverages are be sold served,consumed,dispensed possessed or stored 1 1 "17tt x'",6a iLA.-----�L� L/..'l7� 71,^-"cam I i;,{-° ; • Signature or applicant/agent r . SECTION 15. SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS: I 1 1 F , 4a, I,i h� STATE OF Afl 120NA ) i'�i,{ ' ,, I is r•} '� 1}• � COUNTY OF Maricopa 1 id``, r r.i,.., THOMAS M. COSGROVE, AGENT ,BEING FIRST DULY SWORN UPON OAT Printed Name of Applicant (or Agent If Corp or Club) HEREBY DEPOSE, SWEAR AND DECLARE UNDER PENALTY OF PERJURY THAT 111 I AM THE APPLICANT, (OR AGENT APPLICANT IS A CORPORATION/CLUB), MAKING THE FOREGOING APPLICATION,(21 THAT SAID APPLICATION HAS BEEN READ Al THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEREIN ARE TRUE, CORRECT, AND COMPLETE, (3) THr THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR TAXING AUTHORITY REGULATOF AUTHORITY OR TRANSFEROR 14) THAT NO OTHER PERSON FIRM OR CORPORATION EXCEPT AS INDICATED HEREIN, HAS F 'g'•� INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOR WHICH THESE STATEMENTS ARE MADE (5) AND THAT NONE OF Tt _ _ OWNERS, PARTNERS, OFFICERS DIRECTORS OR STOCKHOLDERS LISTED HEREIN HAVE BEEN CONVICTED OF A FELONY IN TI PAST FIVE YEARS OR A LIQUOR VIOLATION IN THE PAST YEAR Ir`rj°9aFi-Oil Signature SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this 27 of Decem a .19_8 �2A —/ 9/18/85 Signature of N ARV PUBLIC r' .-.. _ ... _ _ My Commission expires on V'WWi1FF- Y9 M:.;+,."}_: ▪ .'>'.' . _,,,`'''- - - fli;'ur 3 :_ i t a{rI, :.7K A.1L,elra 's.. r{ri + . ...... .... , . • . rarere II/A -D.L.L.C. USE ONLY — _ - STATE OF A IZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 602/255-5141 QUESTIONNAIRE TO BE COMPLETED BY EACH OWNER, PARTNER, STOCKHOLDER (10% OR MORE), AND MANAGER. ALSO, EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD, WHICH MAY BE OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY READ CAREFULLY,TI-ILS INSTRUMENT IS A SWORN DOCUMENT, 1. tee: CCISGROVE THCMAS M. Date of birth. 3/12/45 Lest First Middle Montn day year 2 Business Name: CIF2('T.F K CONVENIENCE STORE ;# 1556 Plan of birth:Toledo, Ohio - (As it appears in Section 3 of Form 1201 City State 3 Business 2360 W Broadway Apache Junction Pinal 85220 - - _- (Do not use P 0 Box number) City County Zip Code 4. Driven license No: A 105268 AZ Height: 5 t 8 n Weight: 170 Eye color: GR Hair color• BR State - 5. Name of spouse. MATTT T)Q `� CC�SGRO1IE CHAVEZ Date of birth: 6/25/47 .- First Middle Last Maiden 6 Of what state are you a bons fide resident: ARIZONA If Arizona,date of residency. AUG • 1956 7 Indicats your employmen.E9 business engaged in during the pest five years.If unemployed part of the time.so state. , Zr Time Describe Position E ti "t'' U Employer's Name or Name of Business Employed or Business (Give Street Address,City State and Zip Code) A N I DATES- CIR(T.F K CORPORATION Present Position or business engaged I 4/70-Presen Property 4500 S. 40th St. 85040 in ,4 to Manager B w DATES O Position held or business engaged In -• immediately preceding above IA) C DATES Position held or business engaged In immediately preceding above 181 ....... e t - - Attach additional sheet if necessarf r a we. y i t,^. B, Indicate where you have resided for the last five years: 1▪ Ft _ f • " - FROM TO RESIDENCE: F:-i Month Year Month Yam. Street GtY State. 21p Coda 8 74 I PRESrr1r 5140 E. Tunder Dr. Phoenix AZ 1 85044 Attach additional sheet If necessary 9. How many hours per day will you personally soma managing the business related hereto 8 HRS. (or as required) 10. Give Telephone Numbers for 268-1351 Ext. 361 893-1648 Business Residence 11 Have you ever been detained,cited,arrested,indicted or wmmoned item court for violetiom of any law or ordinance.including traffic violations and liquor violations: Traffic violations only - dates unknown .r+/ AYES Cr 12. Have you ever posted bond been ordered to deposit bail been fined imprisoned had sentence suspended.or placed on probation for violation of any law or ordinance: DYES `Er 13. Have you ever had a businw.professional or liquor license retadted,denied revoked.suspended,or fined in this or any other bate DYES }(1 14- Have you ever had en application for any business.professional or liquor license selected or denied: DYES U-1 IS. Has anyone eve, filed suit or obtained a judgment against you in any civil action. the sublet! of which invoived fraud or misrepresemauon of a Iiquor related matter OYES a, 16. If any answer to Questions 9 through 15 is 'YES•' attach a signed statement giving complete details. a �.,t 17 Are you familiar with Arizona State Liouo and Regu:etrorts: �YES ONO 1L, Do you agree to keep your Arizona State Sales IPrivilegal Tax Account-and your city permit lees lit apolicablef current. ]YES CNC 19 Do you agree to notify the Department of Liquor of any proposed change of business name prior to making any such changes: Z]YES CNC 20. Do you agree to post thepremises or license if issued in a consoicious place on the and within view of the general public: Z.1YES CNC 21 Do you agree to purchase all liquor wine and beer supplies only from licensed Arizona wholesalers EYES CNC 22. Do you agree to keep all records invoices.and other documents relating to the purchase,sale,or delivery of alcoholic beverages for a V. '' " period of two years and to have them easily accessible for examination. YES CNC 23. Do you consent,for the duration of the permit or license.if issued to the entrance inspection,and search by any law enforcement official without a warrant or other process,of your licensed premises to determine wnether VOL)are complying with the provisions of �n t— a>So•:;. • the State Liquor Laws,Regulations,and Board Directives: EYES CNC 24. Do you consent to an investigation of your background including all records of every kind and description including police records and to waive any rights or causes of action that you may have against the Arizona Department of Liquor Licenses and Control and--' any other indNidual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control. IC YES .YES CNC 25. If any answer to Questions 17 through 24 is 'NO",attach a signed statement giving the reasons for such answers. FALSE OR JkOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE LIENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT. • STATE OF ZONA 1 ss COUNTY 0F?MARICOPA rC f, iCf4P1s M. COSGROVE ,BEING FIRST DULY SWORN UPON OATH.HERE° Printed name of a0pticant DEPOSE SWEAR,ANO DECLARE.UNDER PENALTY OF PERJURY,THAT I AM THE APPLICANT MAKING THE FOREGOING CU ESTIONNA1?. AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL.STATEMENTS CONTAINED THERE' - - - ARE TRUE,CORRECT,AND COMPLETE. • - - Signature SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this 27 day of December ,19`_ Signature of N ARV PUBLIC My Commission expires on. 9/18/85 • • • ' I • s 4l I • I 1 • ROLL CALL VOTE SHEET ' NOTES j, (5 1 ...... ilin b L tit P- ) �v .., ITEM II MEETING OF j°7*7 MOT ON BY: SECONDED BY: M 61 YES NO ABSTAINED ICOl1N CIl MAN IXIMI ANO V �� J COUNCILMAN HILL MA ,AN_ N „SHANKS I 011NC II SICF MAYOR EIDSON ‘/ f IUNA, MOUS , IN FAVOR OPPOSED ABSTAINED TOTAL 1 • i1Fc'_...i 4�r+fvaiRII=•5�x��'V�`�eSb-�.'ilis'k ++4. � + �SkL'uEn'.:13 yw p Y _ v .il ITEM NO . 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 10 LIQUOR LICENSE , SUBMITTED BY THOMAS M . COSGROVE FOR CIRCLE K STORE NO . 1556 , BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR APPROVAL s w . _ ,.. .-". Xpf:a-i,r..W ,r. •x"`"..v r• ITEM NO . 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 10 LIQUOR LICENSE , SUBMITTED BY THOMAS M . COSGROVE FOR CIRCLE K STORE NO . 1556 , BE RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR DENIAL PUBLIC HEARING 1, THIS IS A PUBLIC HEARING FOR PERSON TRANSFFR OF SFRIFS 7 LIQUOR LICENSE THE APPLICANT IS MR. GARY G . THOMPSON FOR PIZZA HUT 2, IF THE APPLICANT IS PRESENT, THE APPLICANT MAY SPEAK ON HIS BEHALF AT THIS TIME, 3. ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 4, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PUBLIC, Iti 0 '• O aw, -1R>•zocoP COit y o pache &unction February 1 , 1984 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY CLERK SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT---APPLICATION FOR PERSON TRANSFER OF SERIES 7 LIQUOR LICENSE, PIZZA HUT In accordance with the procedures for processing applications for liquor licenses , notice was posted on the premises at 495 W. Apache Trail, Apache Junction, on the 6th day of January, 1984, by the Deputy City Clerk. The notice remained posted for twenty (20) days , during which time written arguments in favor of or in opposition to the proposed license were to be filed with the City Clerk. As of this date, there have been no objections addressed to the City on this matter . Corres- pondence was received from the Director of Public Safety and the Director of Public Works , a copy of which is attached . The next step in the procedure is for the Council to hold a public hearing on the application and make recommendation for approval or disapproval to the State Department of Liquor Licenses and Control. Respectfully submitted, c:/ -e<f--1-/C—c—,c) 1--x-7 "z_z1-4.-- Pi4 Kathleen Connelly Approver for Agenda ) City Clerk 2TZ-.&/ a Ite�0 First Reading lvc Second Reading_ Public Hearing Old Business Attachment New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 ....„ ... r,cCHF✓o i O DEPARTMENT OF PUBLIC SAFETY gR/ZONA ` its o 0471G1 che C unction W E.Mc DANIEL �\ Director I January 24, 1984 MEMORANDUM TO: Kathleen Connelly, City Clerk FROM: Chief W.E. McDaniel 0'"'- REFERENCE: Liquor License Application, Pizza Hut Please be advised that the Police Department has completed a background investigation on Mr. Gary G. Thompson. We can find no reason why a I liquor license should not be approved. 1 egiN 1001 NORTH IDAHO RD. • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8260 `'pity' 4pache .}unct"n INTERDEPARTMENTAL MEMORANDUM DATE: January 20, 1984 TO: City Clerk THRU: City Manager FROM: Director of Public Works SUBJECT: Application for Person Transfer of Liquor License - Pizza Hut As adequate parking is available, no objection is expressed to this application. RWB:sh Ref: 304.09 STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AFFIDAVIT OF POSTING Date of Posting: January 6 , 1984 Applicant: Mr. Gary G. Thompson for Pizza Hut Address of Premises: 495 W. Apache Trail Apache Junction, Arizona 85220 License(s) Applied for: Person Transfer of Series 7 Liquor License I hereby certify that pursuant to Section 4-201, A.R.S., I did post notice in a conspicuous place on the premises concerning the above liquor license(s) and said notice shall remain posted for a period of at least 20 consecutive days. Signature of City/County Clerk or Representative: (--W4i - _ 40_,„„a„ Dated: 2r R n this affidavit with your recommendation and any related petitions to: Department of Liquor Licenses and Control 1645 West Jefferson, Suite 227 Phoenix, AZ 85007 *For text of Section 4-201, A.R.S., please see reverse. REV 8/81 FORM 128 • ♦ORM uo} -D L.L C USE ONLY- eEV IIla7 �s•t` �� STATE OFARIZONA �� /� I / O Si 41! , I DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 602/255-5141 1 APPLICATION FOR LIQUOR LICENSE - - Type or print with black ink NOTE PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS,AND CIRCUMSTANCES ^.^es-' + '''`x"L"''tr^"i"+ OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE YOU ARE CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS PLANS FOR _ A GRAND OPENING ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE 1 /ak LICENSE SECTION 1 THIS APPLICATION IS FOR A. ATTACH A R X COPY OF CHECK M.O/�ETC/i - CI NEW LICENSE,Complete Sections 2 3 4 5 14 15 Reviewed by Accepted bvs,�/ v ®PERSON TRANSFER,Complete Sections 2 3 4 5 9 14 15 Current file flagged by• /v 0 LOCATION TRANSFER,Complete Sections 2 3 4 5 10 14 15 Copies made for posting by: ❑NEW AGENT FOR CORP OR CLUB Complete Sections 2 3 4 5 11 14,15 Copies mailed for posting b • Dater 22 ❑PROBATE/WILL ASSIGNMENT Complete Sections 2 3 4 5 12 14,15(fee not required) Copies for background by:(`I.°IY P 0--i- Dare• ❑GOVERNMENT LICENSE Complete Sections 2 3 4 5 13 14 15 Comments en P 1 I 0 3-7 SECTION 2. TYPE OF OWNERSHIP - _ - ^ Q�,' REF DATA -- ❑INDIVIDUAL,Com_prete Section 7 0 CLUB Complete Section 8 O CLAIM• T R e T.R DATE CODE ANT 0 PARTNERSHIP ISoptplete Section 7 0 GOVERNMENT - 50 CORPORATIOIQ!gomplete Section 8 0 OTHER explain. SECTION 3.s:APIILICANT IAII applicants must complete this Section) 'v.. _ 1 APPLICAN' R AGENT'S NAME Thompson Gary 6Lae - - - Ilnsert one name only-to appear on License) Last Name First Name ''. '.ems.. •'"i- 2- CORPORATION OR PARTNERSHIP NAME. Pi 77a Hut of AparhR Junction, TnC Enter exact name as it appears on Articles of Inc.or Partnership Agreement Y•_;` - 3. BUSINESS NAME P1 zza Hut ' Enter exact name as it appears on the exterior of premises 4. BUSINESS ADDRESS: 495 W. Apache Trail Do not use P 0 Box Number 1 5. CITY Apache Junction COUNTY: Penal ZIP CODE.11522n 6. MAILING ADDRESS. P.O. Box 4703 CITY. Panama City STATE: Fla ZIP CODE.32601 7 IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS OF THE ABOVE CITY OR TOWN. ps YES 0 NO SECTION 4. INDICATE LICENSE SERIES:Check only one;use separate form for each license „ark h NEW LICENSE FEES Total Due if Filed Total Due if Filed /L ...nation .. ation SERIES Nov 1 May 15 May 16 Oct.31 arlsfer Fee Annual Renewal Transfer Fe � 0 1 DISTILLERS LICENSE (IN STATE) 1,950.00 1,775.00 600.00 350.00 200.00 �.x'' r .- 0 2 BREWERS LICENSE (IN STATE) 1,950.00 1,775.00 600.00 350.00 200.00 ;w K v.: ❑ 3 VINTNERS LICENSE (IN STATE) 1,750.00 I 1,675.00 400.00 150.00 200.00 ❑ 4 WHOLESALER ALL LIQUORS 1,850 00 1,725.00 600.00 250 00 200 00 -' "s4" : ? °-: Kt *4.:. 0 5 WHOLESALER WINE AND BEER 1,700.00 1,650.00 300.00 100.00 200.00 ❑ 6 ON-SALE RETAILER, ALL LIQUORS 1,750.00 I 1,675.00 400 00 150.00 200.00 XCI7 ON-SALE RETAILER WINE AND BEER 475.00 I 437.50 25000 7500 200.00 0 8 ON-SALE RETAILER, BEER 325.00 312.50 150.00 25.00 I 200.00 ❑ 9 OFF-SALE RETAILER, ALL LIQUORS 1,150.00 I 1,125.00 200.00 50.00 ' 200.00 ❑ 10 OFF-SALE RETAILER, WINE AND BEER 450 00 i 425 00 200.00 50.00 200.00 0 11 OFF-SALE RETAILER, BEER 325.00 312.50 150.00 25.00 200.00 ❑ 12 RAILROAD TRAIN LICENSE 1 825.00 I 1,712.50 550.00 225.00 200.00 ❑ 13 AIRLINE LICENSE 1 825 00 1 1,712 50 550 00 225.00 : 200.00 O 14 PRIVATE CLUB LICENSE 1 250 00 I 1,175 00 150 00 200.00 t ,.:-.1.,,,'„ 1. 0 15 HOTEL/MOTEL LICENSE, Complete Section 6 2,100 00 1 850.00 • 500 00 • O 16 RESTAURANT LICENSE, Complete Section 6 2,100 00 I 1,850 00 500 00 • 3 0 21 GOVERNMENT LICENSE 300 00 250 00 • 100 00 • *Not Permitted I •- -D L L C USE ONLY- 'I .'. A,. ;hi. . y' FEES PI V x An LIC FCC *LOT CHO MFG GLUM TOTA - I • • SECTION 5. QUESTIONS FOR ALL APPLICANTS. 1 Do local zoning laws permit the sale of alcoholic•heveragerat the location you seek to license.i 1YES ONO ' 2 Distance to[he nearest church, .7 miles Nama/address of church.Community Christian Church, 1150 W.Supersti V. _ 3. Distance[o the nearest school 2.1 miles 1 PS Name/address of school:Apache JUnet, Jr, Hi Q}j 2695 S, Ironwood - - 4. Are you the.DOWNER ) LESSEE ❑SUBLESSEE ❑PURCHASER of the premises. 5. If the premises is leased give name and address of lessor. M ,7 Southard a 6992 E E. Broadway a Tucson. Az. 85710 • Gene E. Spear, P.O. Box 427 Wichita, Ks. 67201 Name Address City State Zip • 6. What date was lease/sublease signed. • 1-j 9-75 Term of lease is. 25 years. - - 7 Does the lease include provision to retransfer the liquor license back[o the lessor at termination:OYES �NO & Has a license or transfer of license,for the premises represented herein been denied by the State within the past sixty months OYES ONO . } y If yes,attach an explanation 9. Who will manage this business. Rfl Kenntoth G_ pLast Name ,_ First Name Middle Each manager,other than ownerlsl must complete Form 134.and submit an 'applicant' fingerprint card. • "..'.', A.1+z•+sr - t - - - 10. Does any alcoholic beverage manufacturer wholesaler,or employee thereof have any interest in your business•OYES �(NO/ / j / / / 11 Is the premises licensed with a license other than the one for which you are applying;DYES (4O If so give license No: licensee•)exactly as it appears on License) Last Name First Name Middle 12 What is your A St Saex ivilege) set,. n7175374-C " 13 Do you understandrizona that aate portionlsTa of the(Pr fees such Licenas ppNo.lication Fee($50.001 and Interim Permit Fee(if applicable)is not refundable &IYES ONO SECTION 6. FOR SERIES 15 OR 16 APPLICANTS 1 Is there a valid Series 15 or 16 license currently issued at the proposed location,OYES ❑NO If so,enter licensee's name exactly as it appears on)scent - - License No. / / / / / / Last Name First Name Middle NOTE If the answer to question 1 above is 'yes you may qualify for en Interim Permit to operate while your application is pending, consult Section 4-203.01 A.R.S. complete a Form 176 attach appropriate fee,attach the current license and submit with this • epplication 2- What Percentage of your gross sales represents the purchase of•'meals'• % 3. How much of your floor space is designed for restaurant dining(sq ftl• ,Seating capacity for dining purposes. -, _ --- - - 4 Have you attached a copy of your menu that includes prices•OYES ONO (If not,explain) + '-_ . SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS 1 Answer the following questions (If applicants are married answer each question for both husband and wife) J3z s .r.,;i t , a.>_.'':4-, �, t Fercentage Owned -"'^.3., -� - - Last Name First Name Middle by each person Residence Address Q City State ZI Applicant(enter here and in section 31 `id Partner(or Spouse) (,.,) :L r•A Partner O r _ '� Partner =•� _ co _' �s '.; Attach additional sheet if necessary a.. ,. EACH PERSON LISTED MUST COMPLETE FORM 120A AND AN"APPLICANT"TYPE FINGERPRINT CARD Y .. „t .= 2. Is each person listed above a bona fide resident of Arizona:❑YES ONO jr 4 3. Is any person other than the above going to share in the profits/losses of the business ❑YES ❑NO xy Ey .I SECTION 8. CORPORATION OR CLUB APPLICANTS. •* r .r 1. Nameofcorporationorclub. Pizza Hut of Apache Jct. fin$. d Yn`^rry g (Enter exactly as it appears on Articles of Inc.or Club Charter) 2. Date Incorporated or,chartered• 1 0-25-75 State where incorporated• Kansas 3. Arizona Corporation Commission File No, F-19551 Oa[a authorized to do business in Arizona: 12-22-75 4 Is corporation or club nonprofit.OYES LNO If so,give I.R.S tax exempt No. • 5. If a club,refer to Section 4.101.4 A.R.S. and enter the subparagraph under which you are applying:. .,,y w-•W r-r �- .stsr _;•a-' dw„a a.;;��.:,. 6. List officers and directors Last Name First Name Middle Title Residence Address City State Z Thompson Gary G. president 5322 Gleneagles Dr._ Tucson,Az, 85718 Thompson Paul A. V.P. 3960 Alvernon Cir. Tucson. Az. 85718 Attach additional sheet if necessary Jsy"'„'y"' _ :I 7 List stockholders owning 10%or more: t _ EACH PERSON LISTED MUST COMPLETE FORM 120A AND SUBMIT AN"APPLICANT"TYPE FINGERPRINT CARD Last Name First Name Middle Percentage owned Residence Address Ciry/State/ZI see attached list - If this corp.is owned by another corp. attach an ownership of liter/director disclosure for the parent corporation Attach additional sheets as necessary A Ink Awe, SECTION 9. PERSON TO PERSON TRANSOUESTIONS TO BE COMPLETED BY CURRENT LICENSEE } - - 1 'Current licensee Thompson, Gary G Entity: 'Ind Exactly as it appears on license Last Name First Name Middle Etal,Agt etc _. _ 2. Corporate name. If current license is in the name of a corporation enter exactly as it appears on license 3. Current business name. Pizza Hut of Apache Jct. Exactly as it appears on license 4. Current business address. 495 W. Apache Trail County. Pinal • Exactly as it appears on license City. Apache Juncti on 71P CODE 85220 5. License Series: 07 License Number- 0/7 /P/L/ 1/ 0/3/ 7Date of last renewal. 12-29-82 6. Have you complied with the Uniform Commercial Code concerning bulk sale transfers.as'ES ONO. If not,attach an explanation ' 7 Have ell creditors,lien holders interest holders etc been notified of this transfer C,YES ONO ..y-.}. �� , � ^ ? B. Does the applicant intend to operate the business while this application is pending �(3YES ONO If so,complete Form 176 attach appropriate lee,attar - - current license,and submit with this application(for Series 6 7 8 9 10,11 12 or 13 only) 9 To be completed by the CURRENT LICENSEE '~ - I HEREBY RELINQUISH MY RIGHTS TO THE ABOVE DESCRIBED LICENSE TO THE APPLICANT NAMED HEREIN AND HEI DUO` _ AND SAY THAT THE STATEMENTS MADE IN THIS SECT N ARE TR[b E CO.R\REC�T AND COMPLETE /,/1 7 r /.2�7 8_3 • - STATE OF fr/Y ZrI7l� Signature of cnt licensee Date signed COUNTY OF %j724 -/`, ek SUBSCRIBED AND SWORN TO before me this 44. day of L, - 19 My Commission expires on.• 7 7 9nature of NOTARY PUBLIC SECTION 10. LOCATION TO LOCATION TRANSFER/QUESTIONS:(Does not apply to Series 15 16 or 17GI APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS FINALLY APPROVED BY THE STATE ' 1 Current business address. County. • - Exactly as it appears on license _ City ZIP Code. 2. Current business name. Exactly as it appears on license -- 3 New business address County - - Also enter in Section 3 Do not use P O Box Number ' ity ZIP Code. 4.-, ;9 . , 4 New business name. Also enter in Seen`,3 1 - 5. License Series: r^ License Number / / / / / / / Date of last renewal - } ,.., a 6- What date do you Alan to move- Date of planned opening. c }h --..Y C`") FEE=4100 (Refer to Section 4-209.H ARS SECTION 11 APPOIIMENT OF NEW AGENT FOR CORPORATION OR CLUB LICENSE• for multiple agent change fees) I - -• 1 Current�rgent a ame Exactly as it apsars on license Last Name First Name Middle 2- New Agent's nt. Also enter in Section 3 Last Name First Name Middle - - 3. License Series. License number / / / / / / / Date of last renewal 4. Does this transaction involve the sale of any portion of the corporate stock OYES ONO If so,Complete Section 8 5. To be completed by a CORPORATE OFFICER I HEREBY CONSENT TO THE AGENT APPOINTME a - Printed Name of Corporate Officer NAMED HEREIN AND AGREE TO IMMEDIATELY ASSIGN A NEW AGENT IN THE EVENT OF THE DEATH RES'/M`'JN DISCHARGE OF THIS AGENT I ALSO UNDERSTAND THAT IF THE BACKGROUND REPORT SHOWS THAT I, THE CORi-. .ON _ ANY OFFICER DIRECTOR OR STOCKHOLDER HAVE BEEN CONVICTED OF A FELONY IN THE PAST FIVE YEARS, OR A LIQU > - VIOLATION IN THE PAST YEAR I WILL IMMEDIATELY SURRENDER THE LICENSE TO THE ARIZONA DEPARTMENT OF LIQU F rY zL .c$ LICENSES AND CONTROL AND HEREBY WAIVE ALL RIGHTS TO APPEAL SUCH ACTION syty� "_ - STATE OF Signature of corporate/club officer COUNTY OF - A ) I "x - _ a ti SUBSCRIBED AND SWORN TO before me this day of 19 _ My Commission expires on Signature of NOTARY PUBLIC SECTION 12 PROBATE OR WILL ASSIGNMENT OF AN EXISTING LICENSE(Does not apply to corporations) 1 Current licensee's name. (Exactly as it appears on license) Last Name First Name Middle 2 Assignee's name: (Also enter in Section 3) Last None First Name Middle 3 License Series. License number f / / / / / / Date of last renewal. - 4 Attach a certified copy of the will or probate distribution instrument that specifically distributes the liquor license to the assignee i a ( '� f SECTION 13 GOVERNMENT LICENSE(for cities,towns,or counties only) I - I "- -- 1 Person to administer this license (Also enter in Section 31 Last Name First Name Middle 2 Applicant: Attach respective governing body's authorization Name of City Town or Courtly 3 Have you answered ALL questions in Section 3 including the location to be licensed OYES ONO , 4, Do you understand that you can only serve alcoholic beverages for consumption on the licensed premises OYES ONO , 5. Will a concessionaire be using this license DYES ❑NO II so attach the agreement and appropriate authorizations required by Section 4-205.03 A 6 Do you understand a separate license must be obtained for each premises from which alcoholic beverages are to be served ❑YES ❑NO 1 ir. ,.a. T SECTION 14 DIAGRAM OF PREMISES(Diagram must be on this form,blueprints not accepted). -- - . . 1 SHOW ONLY THE AREA TO BE COVERED BY THIS LICENSE INCLUDE ALL ENTRANCES/EXITS,DRIVE IN WINDOWS,SERVICE WINDOW LIQUOR STORAGE AREAS AND DIMENSIONS OR SQUARE FOOTAGE FIGURES DO NOT INCLUDE PARKING LOTS,LIVING QUARTERS,ET - SERIES 15 AND SERIES 16 APPLICANTS MUST EXPLICIT LY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES: < ---L.' -- 1 - GOOkef (e.5 17, C0 C ISew'',ice_ cvunlev I II D J , , , . . • . .. ..... .,,, _. . . _ ,„. ______ :-:„zi:.=4,i_AA,--,7_,---- ,t-- 14:4 El <----? ) .___ 1:4..... <> au r i (-----1 1 41.1111111111 Vi -5:'''.::-:::':--'''''''., -.,''----'-',,' ':;.!'::-:,-;::. ' ) .------ C �' i N G 11111a [1 ) 4 / O0 di , I - I J � ....„ ,' N sect C0.vaC,i-7 loy -, I �l � 'i: Y. r f ::y -_-T 2. Do you agree to notify the Department of any changes of boundaries,entrances,exits,or service windows prior to modification ZYES ONO 3. The above diagram is the only area where alcoholic beverages are to be sold,served,consumed,dispensed,possessed or stored I 4.,c Signature of applicant/agent ' SECTION 15. SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS. 4 - STATE OF ARIZONA I 1 ss COUNTY OF 'II/77 q ) I I, ed( G 1�'10MA�SQ� BEING FIRST DULY SWORN UPON OAT PrintedName of Applican (or Agent if Corp or Club) HEREBY DEPOSE SWEAR AND DECLARE, UNDER PENALTY OF PERJURY, THAT (1) I AM THE APPLICANT TOR AGENT APPLICANT IS A CORPORATION/CLUB) MAKING THE FOREGOING APPLICATION•(2)THAT SAID APPLICATION HAS BEEN READ A THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEREIN ARE TRUE CORRECT AND COMPLETE 13) TH THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR, TAXING AUTHORITY REGULATOI t?14..f'*'7 -F —_ AUTHORITY, OR TRANSFEROR, (4) THAT NO OTHER PERSON FIRM OR CORPORATION EXCEPT AS INDICATED HEREIN, HAS -- INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOR WHICH THESE STATEMENTS ARE MADE 151 AND THAT NONE' OF T OWNERS, PARTNERS, OFFICERS DIRECTORS OR STOCKHOLDER LISTED HEREIN HAVE BEEN CONVICTED OF A FELONY IN T =:+ - PAST FIVE YEARS OR A LIQUOR VIOLATION IN THE PAST YEA -ss),/ Signature L SUBSCRIBED IN MY PRESENCE AND SWORN TO bel r e this_ O27 s` day p -CS3,--{cif; 19cP _ _ 1� // v, Signature of NOTARY�C --- 1 My Commission expires on \ --4-4/ V f f d Alms .•. Iona*1 a0A —D L L.C. USE ONLY— • STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON SUITE 227 PHOENIX AZ 85007 602/255 5141 QUESTIONNAIRE TO BE COMPLETED BY EACH OWNER PARTNER STOCKHOLDER (10% OR MORE), AND MANAGER ALSO, EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN .APPLICANT"TYPE FINGERPRINT CARD, WHICH MAY BE OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT. 1 Harris ti Th5nrson Gary G. Oateofbirth 8-11-3? Last First Middle Month day.year 2 Business Neale' tllzza Hut of Apache Junction. Inc. Place of birth. Wichita, Kansas (As it appears in Section 3 of Form 1201 City State 3 Business 495 W. Apache Trail Apache Junction Pinal 85??0 - Q �I IDo not use P O Boo number) City County Zip Code L�rC - - -- - 4 Drivers license Mb• ,122751 n Arizona Height 91 lop Weight: ?1 n _ Eye color. -e . .. • e g Y blue Hair color Grey State 5 Name of spouse Betty Virginia Thompson Gist Date of birth 10-29-32 First Middle Last Maiden 6 Of wham state are y y. Aii�ptct 1974 ' -- _ you a bona fide resident Arizona If Arizona,date of resident 7 Indicate your employment or business engaged in during the past five years If unemployed part of the time so state - Time Describe Position Employer's Name or Name of Business - - Employed or Business (Give Street Address City,State,and Zip Code) A DATES president Pizza Hut of Holbrook' Present Position or business engaged 9-1-72 to P. 0. Box 4703 in Pizza Hut franchise present Panama City, Fla 4?401 _ _ 8 OATES - Position held or business engaged in immediately preceding above IA) _ -- - - - - .- C DATES /-\Position held or business engaged in 1 - immediately preceding above IB) Attach additional sheet if necessary 'f 8. Indicate where you have resided for the last five years FROM TO RESIDENCE• Month Year Month Year Street City Stab fie Coda May 1978 present 512? Gleneagles 0r Tucson_ Ari7nna R5718 _- - Attach additional sheet if necessary 9 How many hours per day will you personally spend managing the business related hereto' e1 ght (602) 474-4513 to. Give Telephone Numbers for knit) 763-7559, (602) 299-2275 Business Residence 11 Have you ever been detained,cited arrested indicted or summoned Into court for violations of any law or ordinance including traffic violations and liquor violations OYES ZINO 1 ". - 12 Have you ever posted bond,been ordered to deposit bail been fined,imprisoned had sentence suspended or placed on probation for violation of atra law or ordinance DYES ENO 13. Have you ever had a business,professional or liquor license rejected,denied,revoked suspended or fined in this or any other state OYES ONO 14 Have you ever had an application for any business,professional or liquor license rejected or denied OYES MIND 13. Has anyone ever filed suit or obtained a judgment against you In any civil action. the atsbtect of which Involved fraud or misrepresentation of a liquor related matter OYES ONO p p 16. If any answer to Questions 9 through 15 is 'YES' attach a signed statement giving complete details. 17. Are you familiar with Arizona State Liquor Laws and Regulations •,OYES ONC 18. Do you agree to keep your Arizona State Sales(Privilege)Tax Account and your city permit fees(if applicable)current EVES ❑N( • A.- ✓ i • • 19. Do you agree to notify the Department of Liquor of any proposed change of business name prior to making any such changer ,®YES ❑N( 20 Do you agree to post the permit or license,if issued,in a conspicvo s place on to pr]rrlis�t ar within view of the general public ,AYES ON( 21 Do you agree to purchase all liquor wine and beer supplies only from licensed Arizona wholesalers. OYES ON, 22 Do you agree to keep all records invoices and other documents relating to the Purchase,sale,or delivery of alcoholic beverages for a - - period of two years and to have them easily accessible for examination ®YES ON, 23 Do you consent.tot the duration of the permit or license,if issued to the entrance,inspection and search by any law enforcement • Official without a warrant or other process of your licensed premises to determine whether you are complying with the provisions of - - - the State Liquor Laws,Regulations,and Board Directives 't YES ON' - - - — - 24. Do you consent to an investigation o1 your background including all records of every kind and description including police records ' and to waive any rights or causes of action that you may have against the Arizona Department of Liquor Licenses and Control and any other individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control ,MYES OW 25. I1 any answer to Ouestions 17 through 24 is 'NO' attach a signed statement giving the reasons for such answers. FALSE OR INCOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE DENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT. . STATE OF 1/—iZ0rlc�. � ) ss COUNTY OF [/�' c ) I, Gary G. Thompson ,BEING FIRST DULY SWORN UPON OATH HEREE Printed name of applicant DEPOSE SWEAR AND DECLARE UNDER PENALTY OF PERJURY THAT I AM THE APPLICANT MAKING THE FOREGOING OUESTIONNAIP - - AND THAT SAID OUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THERE s ARE TRUE CORRECT AND COMPLETE Signature /J (V� �(//�p� Q SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this OS 7 day of /`"""�- .19 '+ A 1 �� gnature of NOTARY PUBLIC My Commission expires on 1 I ' I • _ • li4t S`rA Y • • �' STA•EPARTMF JF LIQUOR LICENSES ANCONTROL roat�i Tx7 HOENIX,ARIZONA ' ^ .-. REV 6.74 10 M , 1.. , _ - . • APPLICANT'S Applicant do not use this space ti QUESTIONNAIRE )' t T (' Application No 533 i Note The following statements are to be made under oath ./; (All questions must be answered completely or application will not be considered) PRINT OR TYPE I. Full name of Applicant Paul Alan Thompson 514-60-8791 ' i =.. - (First) (Middle) (Last) / Gr (Social Security No.)^, 2 Business name Pizza Hut of Winslow,/ Inc.` Phone Res.. ,g YoJl Bus, "�y/ 3. Location of business C CO( fit 0 � wins'61Q 1 AZ RG20 � (Number and Sir ) . (City or Town) (County) (Zip Code) 4 Date of Birth 3-1—54 Where were you born? Wichita, Kansas 5'1 1 .160 (Height) (Weight) Arizona Drivers License No SS37357 BLK HAZ (Hair) (Eyes) • S Are you a citizen of the United States? YeS If naturalized .. - (town) (State) (Data) 6 Are you a resident of the State of Arizona? Yes If so,give date of last establishing such residence 1-1-76 7 Give full name of spouse n/a (Hat) (Middle) (Last) (Maiden) (Dale of Birth) 8. Give military service record n/a - - (Month&Year) To (Month&Year) (Type of Discharge) 9 Have you at any time been convicted of a felony in any court in the U S? No If so,give particulars,city,dates,at, =,141<' a*,.. 10. Have you been convicted or pled guilty at any time in any court of any law violation? No s^ If so,give particulars,city,dates,etc. r 11. Give particulars of your employment or business engaged m during the past five years.If unemployed part of the time,so state, ''ia"{ y giving place of residence - Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Number,City and State) A FROM/TO , , Present Position or business Mgt. Gary Thompson engaged in 1/75 tq Pizza Hut 3960 Alvernon Cir., Tucson, B FROM/TO Position held or business en- gaged in immediately pre- n 1/72 to j/74 Student • ceding above(A) C FROM/TO x:r � Position held or business en- gagedi �fF'lt�bY''Y6i .GSM in immediately pre ceding above(B) a>-- --- - - — e 12. Give residence address for last 5 years,beginning with present address �.^ w> FROM/TO FROM/TO . T: _ , w- r -. .. 5-15-77 1310 E. Lester. Tucsona AZ 1-75 to 8-75 Rt. 1 , Copper ' r. ;e• Couiiry FROM/TO FROM/TO Globe, R-7F to 5-77 20L0 N_ first Ave_, Tycsnn, 4Z From 7-71 to 1-75 ' FROM/TO FROM/TO 21 Hill Crest, Wichita, 8-75 to 8-76 3960 Alvernon Cir.. Tucson, AZ 13. Who owns the real estate where this business is located? ' Pizza Plaza Assoc., c/o J. L. Jarvis°, Atty., 909 Transamerica Bldg. ( Street Adair (City or Town) (State) (Zip Code) , 1, o- are the1. Church, Tu� on, 85701 Lease ? f - "4 14. It you are not owner state whether premises are occupied under lease or monthlyrental? IS If premises are leased state whether leased from owner or subleased from poor lessee r COZ� C) In either case submit a copy of lease with this application \' 0 �JU `C1 2O,ll 16 Do you own fixtures at this location? 7,n If not give name and address of owner .V.IIPI— Samee as owner of _ real estate where business is 1 '6d0 . (Name) (Street Address) (City or Town) WOE) (Zip Code) State terms under which you are using fixtures Rent? Lease? XXX , Contract to Purchase? • 4 '= • -. i s- "• 17 List below the investment you have in each line(or proposed investment)IRA .:r.•.. t Fixtures s �r� CQ �U Restaurant 't VI , s �'.(�JQ'�f �6 •!�V Dispensing Stock s�' O O s • (Liquor,Beer&Wine) 1 18 Check district in which business is located Business X Residential Rural • (toning) � �y� 19 How close is the nearest church?) GC ( lif t(CG Li{'NAe/l.i-tZCi[C µ e � � 1(,tJ t k7r ny6�� (In 4eri) (Name and`� Address) ) T /� 11Z � a�_ Nearestschool��>r�;�- r 'llnl� 4��j1/1Lly� _�t1U0� �(��-�eLV . ,1f'•�1El�, lot. (I � �. x> •Y^y"�`'� '6•t' "" On(eel) (Name and Address) 20. If restaurant or hotel dinin(,room,how many tables have you? 0 Chairs/ 51t " Booths/ ?O Stools? Nono Counter's one Bar/ None'% 21. Has a license covering any plan in which you had a financial interest ever been REVOKED or SUSPENDED1 Nn - 1. If so,give name of individual to whom license-was issued and year 22 Has an application ever been rejected for any place in which you were financially interested? Nn If so,give name of place and name of person who made application 23. Are you occupied or employed other than in this business/ NO If so,give panicytars __ 24 If you are otherwise occupied or employed,as above,how much time do you spend at this other occupation or employment? - ; 25. How much time do you spend or will you spend in the business represented in this application? 209 Y+y ` .�� 2t5. Give name or names of the person or persons to be in charge of this business during any time that you may be away from the premises 982..0553 Kenneth Charles Drake 7-26-51 Rt. 6, MINXLot 54, Azure Skies, pad (First) (M iddi ) (Last) (Date of Binh) (Noma Address) (Zip Code) (Iles.Phalle)A Z 27 Are you familiar with the State Liquor Laws and the Regulations of the Department? Ye8 • 28. YOU WILL 1'LMITTED TO YOUR LIQUOR, BEER OR WINE SUPPLY,eROOM ANYONE EXCEPT LICENSED ARIZONANOTBE WIIOLESALERSR Do youBUY desire the license under these circumstances? _-.- lg- 29. Have you ever held a Liquor License in Arizona? Yes if co. ` Z'TGl RI.L� �T jQ or (Date, _. (Date,Address) Scut. 30. Have you ever held a liquor license in other StatesNO If so,what States? K£r I (Indio iJual 1'artncrship or Corporation) (Date,Address) f' i�S's""'y i�." ,;- !. 4 31. Have you ever been employed inh a liquor establishment in Arizona? in No ' f ; z It so - -~ (Uale,Name h Address) .- r�' ` One classifiable fingerprint card is required of all applicants.To be taken by a bona fide law enforcement agency , General Remarks Give any information which you believe will help this department to make decision upon your application. • Read Oath Thoroughly Before Signing - STATE OF ARIZONA ryn' ss COUNTY OF U l 1 ll 1, I P f4 sJ t_ I r o vvt P 5 O N king first duly sworn, de se.,and say the foregoing questionnaire diliac is many all false respectsinformation true and correct,to the best of my knowled nd belief an at I d I understan 1 \I ° \ , the applicant above name constitutes perjury SUltSCRy,3ED ANDSWORN TO before me this 5-1.,...,...,_ _A.__..... _ , ' I dayot �� (��)( j �I9 `..- f) }i� // i��f tit/ �� L _ (SIGN HERE) -"Pa �H� 4..V' (Notary Public) `/ 4111 �1 ,. �•..: .. , ..My Commission�es Auo 22 1 1 ` i Al D CPA)(1 MENI OF LIQUOR LICENSES AN CONTROL 1 rar HOENIX,ARIZONA 1 RCs •7d f 10 M • APPLICANT'S Applicant do not use this spice QUESTIONNAIRE .. .. t Application No 5.13 Note•The following statements are to be made under oath (-All questions must be answered completely or application will not be considered) PRINT OR TYPE 1 Full name of Applicant pry grant Thompson 51 IF-60-''. 99' (Firs.) (Middle) (Last) (Social Security No.) ' 2 Business name ni?,v,3 TT,)} 'I f 'i i nslov1, Inc. Phone��Res 29�-2�75 Bus. ��— 3 Location ofbusincsscT • Al:1 Colo I.(>t'(a5I(}��/f7 Woe..4- i (Number and S�eet) (City or Town) (County) (Zip Code) 4 Date of Birth 7-1— '7 Where were you born? Wichita, Kansas (Height) (Weifhi) _ Arizona Drivers License No SS 30319 Ern Blue - _ (Hair) (Eyes) 5 Are you a citizen of the United States? Yes If naturalized (Town) (State) (Date) 6 Are you a resident of the State of Arizona? Yes If so,give date of last establishing such residence 7. Give full name of spouse n/a (First) (Middle) (Lau) (Maiden) (bats of Birth) 8 Give military service record n/a (Month&Year) To (Month&Year) (Type of Discharge) 9 Have you at any time been convicted of a felony in any court inthe U S? No If so,give particulars,city,dates,etc. e"., t0 Have you en convicted or pled guilty at any time in any court of any law violation" No - - If so,giv)articulars,city,dates,etc. —'h y 11. Give particulars of your employment or business engaged in during the past five ve years:If unemployed part of the time,so stat: givintace of residence . `r Time Describe Position Employer's Name or Name of Business # Q Employed or Business (Give Street Number,City and State) A FROM/FO Pizza Hut Office Present Position or business 175 to 5/19/77 Pizza Hut P. 0. Box 1337, Atia Jct. engaged in Ari 7 On a B FROM/TO Wichita, Air Force, Base Position held or business en- 1/1 5/75 to Gas Attendant Kansas ^� ' gaged in immediately pre- 5�1 5�75 ceding above(A) C FROM/TO Pizza Hut - Pizza Hut yr� _ azr , Position held or business en- 1 2-1—73 to part time cook Wichita, Kansas i',. ,},,.s 3 i gaged in immediately pre- 7-30-74 ceding above(B) §, , 12 Give residence address for last 5 years,beginning with present address ,. --' �' W.T` FROM/TO 53 i lopl Dr., Holbrooli, A&FROM/TO 7 5-15-77 6-�5 to 12-75 Gtob, a� o,.-, . .. }..�... F'i gr45 5-77 2040 N. 1st Ave., #3 FROM/ 0 - FROM/TO P. 0. Box 1337 FROM/TO 12-75 ,:0 687� Apache Jct., AZ '" '�.' _ t� , , 13 Who owns the real estate where this business is locatedy a-y ni 7•'-, nl '1 a sac_ , n in 'tt-r._ ,T. B. Jarviso, 900 Transamerica Bldg., (Name) (Street Address) (City or Town) (State) (Zip Code) 177 T1 Church '\venue Tucson, AZ Lease 14 If you are not the owner state whether plcmises are occupied under lease or monthly rental? 1`1: T-A-? prP0�� r �015 If premises are leased state whether leased from owner or subleased from prior lessee •n criIn either case submit a copy of lease with this application. OC r 2 0 1977 ' 16 Do you own fixtures at this locations is If not give name and alidre of owner �I,i°° same as Owner If real C'ot-te where business iss RI.. t at �Ir (Name) (Street Address) (City or Town) (State) (Zip Code) State terms under which you are using fixtures Rent? Lease? 'r''st Contract to Purchase? - — • • • • , , , 17 List below the investmentproposed investment) you hat in cacti lint..(or tto aott•d I Fixtures S .1/5 C(_-\ 0 6 Equipment r Restaurant S 5a.JD•L _ I I Stock .. S /h ! u Dispensing .. 5 ��;G,/i (Liquor,Beer&Wine) y 18. Check district in whuli business is located Business ^ Residential Rural I (Zunlntl 19 How close is the nearest church? /� �' CIS(f l ell Of 1 h F JUG?U f CA C (�) {.� J1A11 LJ6.1 ,JC A., • JJ--``'' (Ia ieeo (Name and Address) / . nn W it C Lite II/ t, f1LL /t / �((..(}-, 11 Nearest school/5 CCU .1 ( �I;%E �.-ii (1 t (� (In I eel) (Name end Address) 20 If restaurant or hotel dining room,how many tables hay,.you/ 11) Chairs/ 54 20 nonw none none Booths? - Stools? - Counter/ Bar'' No - 21 Has a license covenng any place in which you Itad a financial interest ever been RFVOkrD or SUSPh\DPI)/ _ - • If so,give name of individual to whom license was issued and year 22 Has an application everbeen re)a.cted for any plats.in which you were financially interested'' NO If so,give name of place and name of person who made application 23 Are you occupied or employed other than in this business? No . If so,give particular -- - 24 If you are o914twise occupied or employed,as above, how much time do you spend at this other occupation or employment? I • 25 How much'One do you spend or will you spend in the business represented inthis application/ 50% VZ ' op 26. Give name or names of the person or persons to be m charge of this business during any time that you may be away from the t` ; Pre`�4ises\, I a K:eleneth Charles Drake 7-26-51 Rt.6 Lot 54 Azure Skieso Apacr (Fir (Middle) (Last) (Date or Birth) (Home Address) i Cod R Jct., (AE �5220 ( S81St'a©553 27 Are you familiar with the State Liquor Laws and the Regulations of the Department? 28. YOU WILL NOT BE PERMITTED TO BUY YOUR LIQUOR, BEER OR WINE SUPPLY FROM ANYONE EXCEPT LICENSED ARIZONA WHOLESALERS Do you desire the license under these circumstances? Yes a �, 29 Have you ever held a Liquor License in Arizoni., If so Pt ZZGI (A� L rN �l 1. (Date,Address) ' �11t No 4„ 30• Have you ever held a liquor license in other States If so,•what States? • ..ir .k o- - r (Individual Partnership or Corporation) , (Dale,Address) i 31 Have you ever been employed in a liquor establishment in Arizona? Yes " T . If so 6-1-75 through present tine Pizza Hute of Ap a. Jct. and Payson (Date,Name&Address):! i -" `A '"r 'f.-..— 4_ .!t-0 -G .One classifiable fingerprint card is required of all applicants.To be taken bye bona fide law enforcement agency r " General Remarks Give any information which you believe will help this department to make decision upon your application 1 Read Oath Thoroughly Before Signing , STATE OF ARIZONA'' ' r I I Iss I. '3 COUNTY OF 7.kir' ' ' I I, it-,4 . iL��`-0/0-e"~' being first duly sworn, depose and say the fore�oing questionnaire is in all(espects true and correct,to the best of my knowledge and belief and that I am the applicant above named I understand that any false information constitutes perjury. I /7 SUBSC BED AND SWORN TO before methis�7 f I _� / //(Hurry lr.) i.'i (-& / (SIGNHFRE) �/�1�tJ� `►.'c7y(fJ��"M rook Si AT DEPARTMENT OF LIQUOR LICENSES AN CONTROL ' rot®"7 ®'HOCNIX,ARIZONA ' NU. 74 , ►o M I.(.l APPLICANT'S • Applicant do not use ttus space l, ) • i' QUESTIONNAIRE 533 - , !` 4 J i Application No. I t i s (I t I Note The following statements are to be made wider oath ' (All questions must be answered completely or application will not be considered) 1 ( V' PRINT OR TYPE 1 ' i I Full name of Applicant 1.,?'irel 1 1^r1 er•E T)rairci Cl Li-',0-r''g07 (Fire) (Middle) (Last) (Social Security No.) ..0".• "' ?; '`: 2 Business name Pi 7,7..1 7.11: Of ':1-iri^1•l17r MI.Ce Phone.Res..n42-0553 Bus _ 3 Location of business r-.`‘C, (0 yT 1 (= S Nli-cJZC�/ ?� ...7 (Numoer and St ent) (City or Town) (County) (Zip Code) 4 Date of Birth �'D P-5-55 Where were you born? '•/lChita, Kansas 5'Sri '1 25 (Height) (Weight) ' 't'. Arizona Drivers License No ��22 7L(Lr (Hair) (Eyes) 5 Are you a citizen of the United States? Yes If naturalized (town) (State) (Date) 6 Are you a resident of the State of Arizona? Yes if so,give date of last establishing such residence 7-24,75 7 Give full name of spouse Kenneth Charles - Drake 7-26--51 (First) (Middle) (Last) (Maiden) (Date of Birth) 8 Give military service record PUOiIE ' (Month&Year) To (Month&Year) (Type of Discharge) 9. Have you ately time been convicted of a felony in any court in the U S 1 ND ti If so,give rrticulars,city,dates,etc O •10. Have yq>ibeen convicted or pled guilty at any time in any court of any law violation? Plo If,so,gtYS particulars,city,dates,etc. Q r� ' yI I Give�pyaticulars of your employment or business engaged in during the past five years.If unemployed part of the re,so stat: „ . giving-place of residence 1 y Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Number,City and State) A FROMI/TO 1 Valley Nat 11 Bank ' ' Present Position or business I P. 0. Box 29 505 , ' engaged in 1 1/75 to Teller I Phoenix, AZ 85038 ' ' B FROM/TO Copper State Bank ' Position held or business en- 7/76 to Teller P. 0e Box urn „oak gaged in immediately pre- ,_ Apache Jct., AZ 8522 ceding above(A) 411/75 - C FROM/TO Westland Nat'l Bank , 1 Position held or business en- 7/75 to Tenter 17th and Main St. , gaged in immediately pre- i 7/76 Longmont, CO 80501 , ! ceding above(B) 1 i o o 12 Give residence address for last 5 years,beginning with present address , " � = ""= �, FROM/TO i Pt. o' Lot 54 Azure Skies FROM/TO 2 rId1ler . 7/, o to present; Apache Jct., 1Z 85220 '70 to 3/74 VIic,-Lc, an gas 572 F nr`trTO1 114 Telwride Place FROM/TO 5/75 to 7,75 r,on,c,,,7ilt, CO 80507 FRna.t(TO 13900 Albrook Dr. i 3-213 FROMM) , 3/74 to 5/75 Denver, CO . 13 Who owns the real estate where this business is located? )., Pizza Pla7a An-Inc. , c/o J. T,. Jarvi_se. Attv. . 000 Tranr,a-,erica Bldf'., 177 (City or Town) (State) (Zip Code) . hurC1am'")venue, Tdcron, (( ort A. 5''/U1 �ji; T 14 If you are not the owner state whether premisesare occupied under lease or monthly rental' ASA r, r� �,MR 15. If premises are leased state whether leased from owner or subleased from prior lessee (1kr"-'z in either case submit a copy of lease with this application. '1, 0c'c e 0 VI77 ' 16 Do you own fixtures at this location? T-IO if not give name and address of owner Q J` c �i,Qt10@I Satme as owner of roil estate -'there business is locatedeT E 44PYe - -- (Name) (Street Address) (City or Town) (tfe) (Lip(..ude), r State terms under which you are using fixtures Rent? Lease? Y"Y ^.r.�_,- '.:.x-:- - - . , Contract to Purchase? - ffl -i 7 y;''''• .s ,, I M^:lr. I /1w .ar`..rj I 4+,46...'.{iI :A ... .y . 17 List below the investment you basis in i.ach has (or proposed investment) I/.r.l_.(. ( U Lquipment c�5/-) Q Fixtures . .. .. . S Restaurant • 5-�,T 'Stock S Dispensing S (Liquor,Beer&Wino) , r ,a '- 18. Check district in which business is located Business Residential Rural /N tsenfna) 1,- ! (t Lt i C i fits F (t Y Ei' E i "/CY `f• —/: 19. How close is lire nearest church? 't C" c-t ` t / "1 - L.- � i(1. • (In 1-fel) (Name and ddresp) i Nearest school? (•_u j- ( ••ii1 C Li , , e'((it _.0 Gf �'rccifl5�'' L / • i(G• ,Fl Z_ (in 1.-e() (Name and Address) . c, 20 1f restauiant or Iolil dining loom,how many I Mies have you/ 1 0 (hairs? iLl. n Booths? Stools? U]]0 Counter? none gar? none 21 Has a license covering any place in which you had a financial interest ever been REVOKED or SUSI'I_\DCD? NO If so,give name of individual to whom license was issued and year 110 22 Has an application ever been i.jccted for any place in which you were financially interested? If so,give name of place and name of person who made application 1 Yes ' 23 Are you occupied or employed other than in this business? Palley Nat'l Bank, P. 0. Box 29505 Phoenix, AZ 85038 "s s E % , If so,give particulars 24. If you are othmise occupied or emplimd apva hooch time do you spend at this other occupation or employment? ._ .r- . m.� ^Z' / 25 How much tuj do you spend or will you spend in the business represented in this application? 20jo h 26 Give name b hrames of the person or persons to be in charge of this business during any time that you may be away,from the Remises Charles Drake 7-26-51 Rt. Lot Azure Skies, A _ 54. Pa. Jct. (First), (Middle) (Last) (Date of Birth) (Home Address) Zip Code) (Res.Phone) t1C2 a Ye8 I 27. Are you familiar with the Stats.Liquor Laws and the Regulations of the Department? : 28 YOU WILL NOT BE PERMITTED TO BUY YOUR LIQUOR, BEER OR WINE SUPPLY FROM ANYONE EXCEPT LICENSED ARIZONA WHOLESALERS Do you desue the license under these circumstances? Yes P:) ,i zrGt t-14.Lf Of PcNt) Y1 ) `• 29 Have you ever held a Liquor License in Arizona? ' i If so L kh , >r (Date,Address) 1 - .(f s No "I' I y ra "" z l ,-1:f Y 30. Have you ever held a liquor license in other States If so,what States? r• ra•• «an•x„•,y Nx4 �+ (Individual,Partnership or Corporation) . No(Dale,Address) .ay ae- y 31 )lave you ever been employed in a liquor establishment in Arizona? r 1 -r' s -i!s«'+r+eet•"••? r r -,.t If so (Date,Name&Address), 1 1_i I e 1 One classifiable fingerprint card is required of all applicants.To be taken by a bona fide law enforcement agency General Remarks Give any information which you believe will help this department to make decision upon your application• phi' t;d' 1 i'i, , 1 :-. Read Oath Thoroughly Before Signing ... C1 , STATE OF ARIZONA i l",l I as COUNTY OF ?t il!(0 t ,,.1 1 ' I Laurel H Drake ' `.,i _`' I, being first duly sworn - depaie and say the foregoing questionnaire is in all respects true and corrects to the best of my knowledge and belief and that 1 a the apr'livanti1bove'iaincd 1 understand that any false information constitutes perjury. • -__ „, SUBSCR10ED AND SWORN TOb.fore methis / STATIIEPARTMOF LIQUOR LICENSES ANDONTROL R6 74 "PHOENIX,ARIZONA ,' 1 ' die;."{..::... 10 M - APPLICANT'S F Applicant do not use this space iy ; QUESTIONNAIRE k • - I Application No 5�-/' ' ?v y Note The following statements are to be made under oath , (All questions must be answered completely or application will not be considered) ' �� -f - . _ - PRINT OR TYPE'I' 'i I Full name of Applicant Laurel Eiarlec e Drake 5t 4-60-8802 � (Pin:) (Middle) (Lot) (Social Severity No 01411 2 Businessname Pi7za Hut of Winslow. Inc. Phone.Res. 982-0553 Bus. 3. Location of business Ise-LlA.]fdd(3 (�1(1S1 8��7 _ (Number and GG+++cet) (Cie f or Town) (County) (Zip Code) ' d'" 4 Date of Birth !N-il 9-5-55 Where were you born? Wichita, Kansas 5'5't 1'25 • .17. .r'�.-ti (Height) (Weight) Arizona Drivers License No 1122,2744 - - w- (Hair) (Eyes) 5. Are you a citizen of the United States? Ye If naturalized (Town) (State) (Date) 6. Are you a resident of the State of Arizona? Y e s If so,give date of last establishing such residence 7-24-76 • -' . ,"-. 7. Give full na�of spouse Kenneth Charles - Drake 7-26-5'1 (First) (Middle) (Last) (Maiden )) (Date of Birth) ca NONE 8 Givo milit service record - t.) (Month&Year) To (Month&Year) (Type of Discharge) 9 Have yoir t any time been convicted of a felony in any court in the U S.'i No `If so;---give particulars,city,dates,etc ? ?tix.. G- , 10 Have you been convicted or pled guilty at any time in any court of any law violation? No ' , If so,give particulars,city,dates,etc �` Y I 1 Give particulars of your employment or business engaged in during the past five years.If unemployed part of the time,so state, giving place of residence t' Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Number,City and State) A FROM/TO lid1-'1R�y"Ml•-e t l Ba21k . , Present Position or business 1 1 ` 0. Box 29505 '= engaged in /76 to Teller I Phoenix, AZ 85038 s B FROM/TO Copper State Bank , ' rc. P. 0. Box n it i 7/76 to Teller J ,.., Position held or business en- ' F gaged in immediately pre- Apache Jct., AZ 8522( ceding above(A) la/76 a Y C FROM/TO o Westland Nat'l Bank& V` - Position held or business en- 7/75 to 17th and Main St. pre- Teller Longmont, CO 80501 - gaged in immediatelyI 7/76 ' 7,, „`4: ceding above(B) _ I- _ ___ �u � f a.--. �. __—_-- — _ __- -- .. , �• ‘12 Give residence address for last 5 years,beginning with present address I FROM/TO Rt. 6 Lot 54 Azure Skies FROM/TO --:- :t 7/76 to present; Apache Jct. AZ 8 '70221 ggllllcr st �_ F nMao I 114 Telwrl de Place FROM/TO FROM/TO o 3/74 4'Jichita, ansas' 672C 5/75 to 7i76 Longmont, CO 80501 i, Flanu/TO 13960 Albrook Dr. //B-213 FROM/TO , t- .� `'t's 3/74 to 5/75 Denver, CO _- - ~� `- 13 Who owns the real estate where this business is located' , ' Pizza Plaza Assoc., c/o J. L. Jarvise, Atty., 909 Transamerica Bldg., 177 �, (City or Town) (State) (Zip Code) , Church Avenue, Tucson, (SA,reel b /a01 . 14 If you are not the owner state whether Gpremiisses are occupied under lease or monthly rental? Lease .r- c 15 If premises are leased state whether leased from owner or subleased from prior lessee�1\11 I`p' e_ -4 1UU(n�` p gl In either case submit a copy of lease with this application. �CI n [� ``QuOCk 16 Do you own fixtures at this location? No If not give name and address of owner - • - • Same as owner of real estate where business is locate 04PT, Q Qt 7E `'s 'R +�, (Name) (' Address) (City or Town) IAIre) (Zip Code) State terms under which you are using fixtures Rent? Lease? YYY - . Contract to Purchase? ON Ow t 1 I " "?4..+-.:.4..*•S"„ : k - -„ �` _' ''•? 17••List below the investment you have in each line(or proposed investment) , I id, • /8 1.)C r () Equipment Fixtures S Restaurant • S,Sd:547)•0 C Stock . S Dispensing S (Liquor,Beer&Wine) , ', 18 Check district in which business is located Business ^ Residential Rural • (Zoning) 19 How close is the nearest church )5(_C CHuiaC ' 'e 7arep e j j L.�.JI )J /ISIEI,) On 1,01 (Name and Pddres) 1 ;a Nearest school?502() fJ ' I1 i t e !✓I C i, XI,;m,..(.-1 .oc i ()cc/w.fw e 3 Li),t„s 1 G•',/7-Z , -ti (In Dcet) (Name and Address) 20 If restaurant or hotel dining room,how many tables have you? 10 Chairs? 54 ( 20 none none none' ,.,,, ,,, .r ,,.-..� pia Booths? Stools? Counter? Bar? No rfit 21 Has a license covering any place in which you had a financial interest ever been REVOKED or SUSPENDED? �,` S If so,give name of individual to whoin license was issued and year tt Pri22 Has an application ever been rejected for any place in which you were financially interested? No L ' I , If so,give name of place and name of person who made application 1 (7'' 23 Are you occupied or employed other than in this business's Yea , t�r� Valle Nat'l Bank, P. 0. Box 29505 Phoenix, AZ 85038 s . �•�- If so,give particulars y ��y JJJ 24 Ifyou are otherwise occupied or em I d v 1 ch time doyou spend at this other occupation or employments _ P p&�i h�it`l�P�l '�'��' p , CT, 25 How muchrjlpre do you spend or will you spend in the business represented in this application? 20% , ' 26. Give name44)r names of the person or persons to be in charge of this business during any time that you may be away from the "- _ emiaea`.) Kenneth Charles Drake 7-26-51 Rt. 4 Lot 54, Azure Skies, Apa.'Jat., v ca (Fihr).a (Middle) (Last) (Date of Birth) (Home Address) 1Zip Code) (Res.Phone) 482— 27 Are yot miliar with the State Liquor Laws and the Regulations of the Department? 28 YOU WILL NOT BE PERMITTED TO BUY YOUR LIQUOR, BEER OR WINE SUPPLY FROM ANYONE.EXCEPT LICENSED ARIZONA WHOLESALERS Do you desire the license under these circumstances? Yea �E'� pi zrU tic>t p4 Pcy�S )��( 29 Have you ever held a Liquor License in Arizona? If so V + (Date,Address) \ No .. 30 Have you ever held a liquor license in other States If so,what States? (Individual Partnership or Corporation) No(Date,Address) . r 31 Have you ever been employed in a liquor establishment in Arizona? • If so - - - - (Date,Name&Address) _ One classifiable fingerprint card is required of all applicants.To be taken by a bona fide law enforcement agency ._K" ,q` .'.zx.- General Remarks Give any information which you believe will help this department to make decision upon your application. Reid Oath Thoroughly Before Signing STATE OF ARIZONA i /r n ss- 3r ( COUNTY OF ?i 11L 1(/ r Y Laurel M. Drake , , ` I being first duly sworn, _ - depose and say the foregoing questionnaire is in all respects true and correct,to the best of my knowledge and belief and that I am the applicant above named I understand that any false information constitutes perjury SUBSCRIBED ANDSWORN TO before me this 1Pr/1_d/ayof ,+' Hriii v r ,I9 r / /�/j, , ' (SIGN HERE) 14, -l"' M:;'*, 3 - IN. (!;111fV1r�s on Ex ph u\it D 8 22,198 f ' I w commission expires _ __. ' r •• ROLL CALL VOTE H ET i/ NOTES ` // j.)_ 4t\-fr)V ' - t, C) !dii) y( ITEM # MEETING OF MOTION BY: ))NSECONDED BY:LI2Lf._ YES NO ABSTAINED ' i , ,,,,� COUNCILMAN HILL COUNCILMAN SHANKS I VICE_MAYOR fIDSON V COUNCILMAN DAMIANO i A UNANI 'OUS , IN FAVOR OPPOSED ABSTAINED TOTAL • /'\ • m ITEM NO . 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 7 LIQUOR LICENSE , SUBMITTED BY GARY G . THOMPSON FOR PIZZA HUT , BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR APPROVAL .f 11 • • a ITEM NO . 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 7 LIQUOR LICENSE , SUBMITTED BY GARY G . THOMPSON FOR PIZZA HUT , BE RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR DENIAL AM! IIIlk PQACHE✓ 4 `: do � 4. 1„,,,,,,,, Al O 1. '1RiZOWx C 'ity o C471ache 02unctian Approver for Agenda .... February 6, 1984 qat74 Item 0 First Reading ? 7 ) v Second Reading MEMORANDUM TO: MAYOR AND CITY .1 NCIL - Public Hearing - Old Business THROUGH• CITY MANAGER Ai New Business Consent Agenda FROM: ECONOMIC DEVELOPMENT SPECIALIST SUBJECT: RESIGNATION AND APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Provisions are made for eight members to be appointed to the IDA for staggered 6-year terms by the City Council . There have never been more than six members. A resignation has been received (attached) from Richard Metz, leaving a vacancy for a term expiring March 18, 1985 The death of Walter Kesteloot leaves a vacancy for a term ending March 18, 1989. Other members of the IDA and their respective terms of expiration are: William F. Wright 3/18/87 ,,� Dean Seeman, M.D. 3/18/87 Sanford Gardom 3/18/85 John Granillo 3/18/89 Basic requirements for service are that members be residents of the city, be qualified registered voters, and have experience to offer in business or finance. The following actions are proposed for the February 7 City Council meeting: 1 . A motion to accept the resignation of Richard Metz with regrets and appreciation for service as a member of the Apache Junction Industrial Development Authority; and post humus recognition and gratitude for the service to the community rendered by Walter Kesteloot. 2. A motion that Tyrus W. Setliff be appointed to the Apache Junction Industrial Development Authority for the remainder of an unexpired term ending March 18, 1985; and that Lowell E. Arnold be appointed to the Apache Junction Industrial Development Authority for the remainder of an unexpired term ending March 18, 1989. 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 Mayor and City Council 2/6/84 Page 2 It should be noted that talent bank applications were publicly solicited and there are no other qualified applications on file in this category of service at this time. The two remaining vacancies on the IDA may be filled at a later date. A letter from William Wright, Chairman of the IDA, with recommendations coinciding with this memorandum, and talent bank applications from the two nominees , are attached. JMS/ls enc /111 .•. • Dr. William F. Wright, President Industrial Development Authority City of Apache Junction 1001 North Idaho Apache Junction, AZ 85220 Dear Dr. Wright: The purpose of this letter is to advise you that I am resigning my position with the Apache Junction Industrial Development Authority effective January 1, 1984. Sincerely, 57?. v Richard Metz dt January 31, 1984 Wendell Clark, Mayor City of Apache Junction 1001 N. Idaho Apache Junction 85220 Dear Mayor Clark and Members of the City Council: The purpose of this letter is to request that the City Council consider appointing Tyrus Setliff and Lowell E. Arnold to fill recently vacated positions on the Apache Junction Industrial Development Authority Board. We recommend that Mr. Setliff be appointed to the term that will expire on March 18, 1985 and that Mr. Arnold be appointed to the term ending March 18, 1989. The Industrial Development Authority has scheduled a meeting for Wednesday, February 8, 1984 for the purpose of considering preliminary approval of a second major project for the City. We would like to have a fully staffed Board to review the proposal. If you have any questions or concerns regarding this letter, please feel free to contact me. Thank you for your interest in directing the affairs of our City. p Sincerely, William F. Wright, Ed.D. President, IDA WFW:dt PQp,CHfi✓ 0 ,,7,g4 114111*4'' Z �RizoNP' City o p iche zLnclion TALENT BANK APPLICATION FOR 1/?at-S"ti)-sed 2cve4 �,n7L L . BOARD/COMMISSION/COMMITTEE DATE: uA.IV '2 `, I v14/ NAME: Lowell E. Arnold TELEPHONE: 982-2506 (home) 982-2831 (office ADDRESS: 543 E. Estevan, Apache Jct, Az. ZIP CODE: 85220 OCCUPATION: Partner, Used Car Dealership (Arnold Auto Center) (if retired, please indicate former occupation or profession) EDUCATION: Business Degree, ASU PROFESSIONAL AND/OR COMMUNITY ACTIVITIES. Board of Directors, Chamber of Commerce Az. Independent Auto Dealers Association ADDITIONAL PERTINENT INFORMATION/REFERENCES: Amok 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. /1-04.4.itie 7/1 ,,,___-e...9 ,7( Revised 6/19/S1 Signature of Applicant 1001 NORTH IDAHO ROAD • APACHE JUNCTION A2IZONA 85220 • TELEPHONE(602)982-8002 ... CMly 0 &" 71 ache ;,c;,-,ction TALENT BANK APPLICATION r• rii D A o le FOR Z C! s ,O 4- `i -P.l _ __ - 'k 4/ /S BOARD/COMMISSION/COMMITTEE DATE: /- - / i4--- NAPE: ly 2u ,C al/ SF f' L/,f< TELEPHONE: 9O 3— Q.SaY (home) �/ ��'' /497 (offic ADDRESS: i.Z,` ,c,&5 l //?, / ZIP CODE: J .22(7 OCCUPATION: i %j ' / Gi..S• 6' \E , P i . UT`V CJ S77C-E�//�i01 Q74 6e , (if retired, please indicate form occupation or profession) EDUCATION: 67�ig<4//57 l 4;:oo cJIINS ,i,e7.SjsY� S el,ls,/ — /'!�,'/,,„✓ T//, -/J/I/!o�'.e T o/- , e c/ir�e , 7—- i✓. 2 ft� i a 7:cs;/ P✓T-e -✓ce $eho/s ,1 - / y,�'i % o5—c aoeZ (1 � 4- ‘` 3,( PROFESSIONAL D/OR CO:L'�1UNIT AZTIVITIES: 7- ��;"4,0 tl'.erimpo'rZ U 0/4, Wi/i.. �'7 /�]��>t l VA-. / ,5" J 7/,✓ ,MICZ.- lei 5+9 b b /I), e7 2ANs j Asi r ✓ e ' vi', 2t5Q e �1c2 c C'14/71inclneeerl '. .G . /Icl , je/9��,f-', l,In4./e.�-jL3L QQ /a//Sr7—,e6.S).(eryi-- /./4. AS a-Jvr✓,c /Xr 6II S i ✓ /e s4, � ADDITIONAL PERTINENT INFORMATION/REFERENCES: /,.pre , Terms, ✓4e Ti,/( ;7764T ; eX .,'cl.', id /4// p A-z e ' r1,s_ 6e'v?" .�v;c 1, ','ce /1/e � 1i"Cy �4'S/c4 _ `� i JSU Dwe Si V Q i'7 • V t 77 / C'/j1/77vn'Ic/�?7a n's F ' , .�,.se,,c T?.�s�14e score .44, I1/N/.5T 9i7 4/� • NOTE: Asa candidate to a Council Board, Commission or mmittee, your name, addres , 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. ,- e,(I/c- tr,/'IArY/Z 4-i7D// Revised 6/19/81 bt ture of Applicant 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ROLL CALL VOTE SHEET NOTES /)//, ITEM # MEETING OF MOT I ON BY: 4( 1,()PTSECONDED BY: YES NO ABSTAINED ... COUNCILM.AP! SHANKS N/:( COUNCILMAN HILL COUNCILMAN DAM TAM VICE MAYOR EIDSON UNAN I!^.OUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 10 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE RESIGNATION OF MR . RICHARD METZ FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY BE ACCEPTED WITH REGRET AND THAT POSTHUMUS RECOGNITION AND GRATITUDE BE EXPRESSED TO THE FAMILY OF MR . WALTER KESTELOOT FOR HIS SERVICE TO THE COMMUNITY WHILE A MEMBER OF THE INDUSTRIAL DEVELOPMENT AUTHORITY . BE IT FURTHER RESOLVED THAT TYRUS W. SETLIFF BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY TO FILL THE VACANCY CREATED BY THE RESIGNATION OF RICHARD METZ , SAID TERM TO EXPIRE MARCH 18 , 1985 ; AND THAT LOWELL E . ARNOLD BE APPOINTED TO FILL THE VACANCY CREATED BY THE PASSING AWAY OF WALTER KESTELOOT , SAID TERM TO EXPIRE MARCH 18 , 1989 . ROLL CALL VOTE SHEET NOTES );3;VY ITEM # MEETING OF _ MOTION BY: SECONDED BY: )(\-U141/\--/ Y S NO ABSTAINED VICE MAYOR FTTSON C M€ L COUNCILMAN HI] I COUNCILMAN SHANKS OUNCILMAN DAMIANO 0 KE UNANPIOUS IN FAVOR OPPOSED I ABSTAINED TOTAL >iq.,.�^,j"av-+-c'�a.3.c•� _ '': ."`" y'.._`Zz ^'1-" �Y. ,..'"^C��sr" .'-�_,--3 r.'�''Hr r.,"T`_'-L - -Ink omiN „OM Ilk `,�` +s`i:-e a%�+n y t�.,+��z...H..ir 9^+��, c�3 '�'-�'�§�.yX�Yn"}�'x.�."�'Sk.'iz._%i°t Ah•-='�. _ -. _'`. •:-`a t-, •r�,r ITEM NO . 11 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 FEBRUARY 21 , 1984 , AT 6 : 00 P . M . , IN THE CITY COUNCIL CHAMBERS . / — (cSACHEJ! Gn�" a. � • 0 \\,......... "rcz._ ,gRIZOI c ity on- �paciie unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 25, 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ ACTING PLANNING DIRECTOR PREPARED BY: JJAMES A. NAKAGAWA, ASSOCIATE PLANNER SUBJECT: C PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached please find a copy of the Planning and Zoning Commission Minutes of January 10, 1984. Please have the original Minutes placed in the "Minutes Book" in the City Clerk' s office. JAN:mas 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE1602► 982-8002 - r -? ,r ^ = . gyp; PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA • JANUARY 10, 1984 7 00 P M MINUTES i � ; ' ` " Present Absent Guests Mr. Polomskey Mr Rogers See attached list. Mr Taylor Mr. Rogers Mrs Conway Mr. Vehon Mr. Sanchez, Chairman Mr Nakagawa, Acting Executive Secretary Mrs. Reid, Staff Mrs. LeCount, Recording Secretary _ .1 Mr. McNulty, City Manager/Acting Planning Director _ Synopsis - Minutes dated December 13, 1983 - approved as amended. Work Session Minutes of December 13, 1983 - approved as presented PZ-43-83 (Proposed Ordinance No. 232) - recommended for denial PZ-44-83 (Proposed Ordinance No 237) - recommended for approval PZ-47-83 (Proposed Ordinance No 225) - recommended for approval. GP-2-83 (Proposed Resolution No 83-63) - postponed to February 28, 1984 Request for Commission Initiative to amend Zoning Ordinance Sections 2802 • and 2803 - postponed indefinitely • 'Nfi Y -"1 1. Chairman after the Pledge of Allegiance was recited, he asked the recording secretary to call the roll 2. Mrs. LeCount called the roll and determined that five members were present with two absent, as noted above 3 Chairman noted there was a quorum and called the meeting to order He recognized the presence of Mayor Clarke. He asked for discussion on the Agenda, there was none He called for a motion 4. Polomskey/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Agenda dated January 10, 1984, be approved as presented." k The motion passed unanimously (5-0-0). 5 Chairman asked if there were any additions, deletions, or 40r 0, 44111* corrections to the Minutes of December 13, 1983. � �r �- � R 6 Mr Vehon noted that Page Three, Item #19, should read "Light Commercial" instead of "Light Industrial." 7 Chairman there being no other corrections, called for a motion 8. Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Minutes of December 13, 1983, be approved as amended " 1. '' - The motion passed unanimously (5-0-0) 9. Chairman asked for discussion on the Work Session Minutes dated December 13, 1983, there was none. He called for a motion 10 Vehon/Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Work Session Minutes dated December 13, 1 1983, be approved as presented." • . : ,••, Page Two - Planning and Zoning Commission Minutes - January 10, 1984 The motion passed 4-0-1, with Mr Polomskey voting "present." 11. Chairman opened the public hearing on PZ-43-83, a rezoning from CR-3 to TH/PD in Section 29 He asked for staff briefing. 12. Mrs Reid briefed the Commission regarding the case, including the administrative data. 13. Chairman asked if the applicant would like to speak on the case 14. John Oertle pointed out the highlights of the project, including explaining how they would eliminate a "tunnel effect" by using wrought iron sections with the block fencing in the common ground area He explained the amenities 15 Mr Taylor asked if they had checked into the cost of a pre-package disposal unit 16 Mr Oertle replied that they had considered alternatives to septics, but Pinal County suggested them He explained what the daily flow of the park would be. 17. Mr. Taylor stated that a package plant would have to do with the State He asked about checking into costs 18. Mr. Oertle said that the cost factor was good, but that he was concerned about the problems experienced by other projects He added that they were considering a design that would hook fairly 1r easily into a treatment plant should the City { decide to have one in the future. 19 Mr Conway asked how many units would be on one tank 20 Dennis Eardley replied there would be ten 21. Mrs. Conway asked who would be responsible for the pumping 22 Mr. Eardley replied it would be the Homeowners Association. 23. Mrs. Conway asked if this was Arizona or Palm Springs. - 24 Mr Eardley replied it was Palm Springs 25 Chairman asked if there was anyone who wished to speak in favor of the project 26. Richard Herbert stated he owned the parcel to the west and thought n ate ., it would be a benefit to the area. 27. Chairman asked if anyone wished to speak in opposition 28. Roger Short said he was strongly in opposition to this project. He stated that he was the initiator of the protest petition turned in to the Planning Department on Monday with signatures of people in the area who oppose the rezoning He read the six reasons for the opposition of the San Marcos residents to the project into the record 29. Chairman questioned a statement made by Mr. Short concerning a possible safety hazard. 30. Mr. Short explained that they would be dealing with an increased traffic flow and his concern was for the many young children in the area Page Three - Planning and Zoning Commission Minutes - January 10, 1984 31. Chairman asked if a study was made on the traffic and - if any professional assessment was made that would show that the project would cause any devaluation of property 32. Mr. Short replied that there had been no study done, and that a few appraisers had looked at his : 744#00.? `_ house and commented that the inclusion of the the park across the street from him (Roadhaven) may have devalued his property. 33 Mr. Taylor asked why the petition did not meet the City requirements, but did meet the State requirements 34 Mrs. Reid replied that City Ordinance states you must have 20% by area and number. The protest petition by number is 17.65% and by area is 20 89% of the qualified petitioners within the area. 35. Mr Vehon asked if the intent of the residents was to have this area developed into single family homes 36 Mr Short replied that was correct 37. Chairman asked if there was anyone else to speak in opposition 38. Carl Fullenwider complained about the lights from Roadhaven, and _...;. 1h;<, ,, the lack of sidewalks. He did not believe the streets were wide enough to handle more traffic. = ,, 39. Jack Clarke stated he lives directly across from the site He was also concerned with the traffic 40. Chairman there being no one else to speak in opposition, asked for staff recommendation 41 Mrs Reid stated that the companion preliminary plat - (SD-10-83) was approved by the Subdivision Committee on December 15, 1983 She said the DCC does recommend approval of the proposed rezoning subject to corrections and additions which were given to the applicants 42 Chairman asked if the applicant would like to speak in rebuttal 43 Mr Eardley spoke on the General Plan. He said that he had personally communicated with almost all the property owners along the corridor and they all oppose parks or commercial projects fir y He added that the 12th Avenue exit would be a crash gate for emergency use by the Fire Department and that the sidewalks on 12th Avenue and San Marcos would be continued He said that the southern end of the park would have a wall to protect the visibility of the units. 44 Mrs Conway asked is they planned on widening 12th Avenue or San Marcos, and if there would be a solid wall on the east and west sides 45 Mr Eardley replied that they would conform on the streets to what the City requires, and explained how the wall would be constructed I 46 Chairman asked if the opposition would like to speak in rebuttal. 47. Mr. Short again stated his opposition due to the traffic, density, sewage, and the possibility of building single family homes on the site �.. A•► Page Four - Planning and Zoning Commission Minutes - January 10, 1984 48 Chairman closed the public hearing and called for Commission deliberation 49. Mr. Taylor asked if the project were sent to the City Council in favorable light if they could make stipulations or requirements for the developer to install a package sewage treatment plant 50 Chairman stated that the Commission cannot require a sewage plant or even a septic tank 111 51 Mr Taylor noted that the Commission does have the authority to require certain specifics in a Planned Development 52 Mrs Conway was concerned about the added cost of City services 53 Chairman there being no further discussion, called for a motion 54 Mr Polomskey made a motion to approve the rezoning request which died for lack of a second. 55. Chairman called for another motion 56 Taylor/Conway M/S "Move to continue the hearing on case l PZ-43-83 until January 24, 1984, at 7 00 p m • 4a4in the City Council Chambers " The motion failed 2-3-0 57 Chairman called for another motion 58. Taylor/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-43-83, also known as Proposed Ordinance No. 232, application of John Oertle and Dennis Eardley for their property described as, a matter of public record, requesting rezoning from CR-3 Single Residence to Trailer Homesite by Planned Development (TH/PD), that the Commission recommends to the Apache Junction City Council the denial of said application. The reasons for the recommendation are 1 Have substantial protest to the rezoning 2 Insufficient stipulations in the zoning requirements which actually would not conform to the new Planned Development Ordinance which would be coming into effect shortly in regards to Trailer Homesite by Planned Development 3. Does not meet the requirements of Section - 33 09, Subsections 1, 2, and 4 " After Commission discussion, the motion passed 3-2-0. 59 Chairman resumed the meeting after a ten-minute recess, and asked for staff briefing on case PZ-44-83, Proposed Ordinance No. 237. 60. Mr. Nakagawa briefed the Commission regarding the case, including the administrative data 61 Chairman asked if the applicant would like to speak on the case Page Five - Planning and Zoning Commission Minutes - January 10, 1984 62. Mr. Sullivan stated that they plan to put four-plexes on the parcels 63. Chairman asked if anyone wished to speak in favor or opposition, there was no one He asked for staff recommendation. 0`^00-- 4'4,6' 64. Mr. Nakagawa stated that the DCC had no objection to the proposed rezone noting that it would be consistent with the General Plan. He added that the DCC did recommend one stipulation 65 Chairman closed the public hearing and called for a motion 66. Conway/Taylor M/S "BE IT RESOLVED by the Planning and Zoning { Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-44-83, also known as Proposed Ordinance No 237, application of Stella M Elson for her property described as, a matter of public record, requesting rezoning from GR General Rural to CR-5 Multiple Residence Zone, that the Commission recommends to the Apache Junction City Council the approval of said recommendation Any stipulations or recommendations are The applicant dedicate the west 2 5 feet of - the subject property for public roadway and associated purposes. - .v.=.rL,'a..ader:.:,:+f.`.•�.�,;.z.?L"`'-S�N��h^ p" The reasons for the recommendation are The request complies with the General Plan " IrThe motion passed unanimously (5-0-0). 67 Chairman opened the public hearing on PZ-47-83, Proposed Ordinance No 225, and asked for staff briefing. 68. Mr Nakagawa briefed the Commission regarding the case, including the administrative data . 69. Chairman asked if the applicant would like to speak on the case. 70. Steve Adams said he was representing his aunt, Thelma Seaton. He said she is requesting the rezoning to allow for someone to live close to her to help and to be around in times of emergency 71 Chairman asked if anyone wished to speak in favor. 72. Violet Thexton explained she is a neighbor and they need more people around them. 73. Chairman asked if anyone wished to speak in opposition; there was no one He then asked for staff recommendation 74. Mr. Nakagawa stated that the DCC had no objections to the rezoning noting that it would be consistent with the General Plan. He added that the DCC did recommend one stipulation. 75. Chairman called for a motion 76 Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-47-83, also known as Proposed Ordinance No. 225, application of Thelma Seaton 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 ON Al Elk W i g Page Six - Planning and Zoning Commission Minutes - January 10, 1984 City Council the approval of said application Any stipulations or recommendations are The applicant dedicate the south thirty-three (33') feet of the subject property for public roadway and associated purposes r1 ' 's The reasons for the recommendation are: 1 The rezoning would be compatible with the > i surrounding area in that there is a trailer park on both the south and east side of the property. i 2. The rezoning is compatible with the City of Apache Junction's General Plan which allows this area to be rezoned to a Medium to High Density Opportunity " • The motion passed unanimously (5-0-0). 77. Chairman stated that the next public hearing was GP-2-83, Proposed Resolution No. 83-63, an amendment to the General Plan He asked for staff briefing 78. Mr. Nakagawa briefed the Commission regarding the amendment He added that no objections to this Plan amendment have been received --::.r.;-,.*y.-.wr.:e:• �;,se. . 79 Chairman asked Mr Baljo if he would like to address the Commission 80 George Baljo said he would be willing to answer any questions • the Commissioners have. 81. Commission & Staff conducted a general discussion on the amendment 82 David Alexander stated that he could not find a definition for "Conventional Construction." He said that from a legal standpoint, there is no basis for utilizing that terminology /"1\ 83. Chairman after further discussion, called for a motion. 84 Taylor/Vehon M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that as a matter of record, GP-2-83 be postponed to February 28, 1984, at 7.00 p m , in these � k s Chambers, to allow for time to resolve the language situation A committee composed of two members-at-large, two Commission members, and • YS T Mr. Baljo will be formed by Commission Chairman, "� Mr. Sanchez." The motion passed unanimously (5-0-0) 85 Chairman noted there was no Old Business. Under New Business was a request for a public hearing by Commission Initiative to amend Zoning Ordinance ( Sections 2802 and 2803 He asked for staff • 4 briefing. 86 Mr Nakagawa explained that the handout he was giving to the Commission contains two suggested changes proposed by staff that he believed would bring the Ordinance into conformance with State requirements 87. Chairman was confused by the wording on the handout. 88 Mr Nakagawa stated the handout was a draft of the proposed change •�• '- ° 464; ' ;40 `4 'y Page Seven - Planning and Zoning Commission Minutes - January 10, 1984 89. Mr. Taylor said that he felt there would be several other options. 90. Mr. McNulty explained that the City Attorney was present to speak on the item in question and the legality. 91. Mrs. Conway asked if they did not have the right to ask for 51% of the property owners within 300 feet. 92. Mr McNulty said that if 51% within 300 feet is valid, why /r is it not 51% within a mile 93. David Alexander stated that in his opinion, it was likely that if someone challenged the 51% requirement, a - court would have a hard time finding a basis for upholding the 51% requirement. He added that zoning has to be within the State Statutes He suggested that they require notification of everyone within 150 feet of the proposed change j and use • 94 Chairman after further discussion, called for a motion. 95. Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that PZ-56-83 be postponed to a date in the future to be set by the Chairman after a work session is held by the Commission to discuss other alternatives to be advertised for public hearing The motion passed unanimously (5-0-0). 96. Chairman asked if anyone wished to speak under Call to the Public 97. Frank Jimenez commented on definition and legalities discussed tonight. He observed that the City had gone far for quite a while with these particular applications which, apparently, have been all wrong f 98 Chairman noted there was nothing under Information and Reports There being no further business, he called for a motion to adjourn 99 Polomskey/Conway M/S to adjourn The meeting adjourned at 10.20 p m Respectfully submitted, James A. Nakagawa, Actin ecutive Secretary APPROVED. Ken anchez, airman • RECORD OF ATTENDANCE MEETING ATTENDED• Planning and Zoning MEETING DATE: January 10, 1984 00\ NAME Violet Thexton Mary Sanibaluk George Baljo Wendell J. Clarke Alice Polomskey - _ Thelma Seaton Stephen T. Adams Darlene Krison Roger Short Shirley Erickson Richard Erickson Virginia Unkefer Carl Fullenwider Genola Hallabaugh James Petz Keith Stachar A E Sullivan, Jr C J Jastrazemski Kent Oertle Mary Oertle Richard Herbert ` Denise Clarkson tF Jeff Clarkson John Oertle Rhonda Oertle Frank Jimenez D R Sadley 1 -v r - PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA DECEMBER 13, 1983 700PM. MINUTES Present Absent Guests 'm\ Mr Polomskey None See Attached Listing Mr. Rogers Mr Sansoni Mr Taylor - Mrs. Conway Mr. Vehon Mr. Sanchez, Chairman Mr Nakagawa, Acting Executive Secretary Mrs. Samuelson, Recording Secretary Synopsis Minutes of November 22, 1983 - approved as presented PZ-34-83 (Proposed Ordinance No 221) - recommended for denial PZ-39-83 (Proposed Ordinance No 226) - recommended for approval PZ-40-83 (Proposed Ordinance No. 227) - recommended for approval PZ-41-83 (Proposed Ordinance No. 230) - recommended for approval. • -: -- ,4.-� .t; AN-2-83 (Proposed Ordinance No 196) - recommended for approval PZ-21-83 (Proposed Ordinance No 199) - recommended for approval SL-3-86972 (Santa Fe Realty/State Land Dept ) - recommended for denial. SL-3-86973 (Santa Fe Realty/State Land Dept ) - recommended for denial MC-S-83-40 (Jones/Maricopa County) - recommended for approval PZ-27-83 (Proposed Ordinance No. 209) Final PD approval granted. PZ-32-83 (Randall Industries/Morvak) - Commission Initiative authorized PZ-4 -583 (Bellucci/Ragan) - Commission Initiativeauthorized Agenda Format - Call to the Public moved down on Agenda PZ-48-83 (Wyatt/Stachar) - Commission Initiative authorized • 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 all members were present 3 Chairman noted there was a quorum He acknowledged the presence of Councilwoman Ilene Taylor There being no discussion on the Agenda, he called for a motion. y- 4. Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Agenda dated December 13, 1983, be accepted as presented " The motion passed unanimously (7-0-0). 5 Chairman there being no discussion on the Minutes dated November 22, 1983, he called for a motion 6 Vehon/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Minutes dated November 22, 1983, be accepted as presented." The motion passed unanimously (7-0-0) 7. Chairman opened the public hearing on PZ-34-83, Proposed Ordinance No. 221. He asked for staff briefing. Alak 11., Page Two - Planning and Zoning Commission Minutes - December 13, 1983 8. Mr. Nakagawa briefed the Commission stating that staff had been directed to readvertise the case for public hearing due to technicalities on the tabling of this item He said that at present they are using the same ordinance as the County which the City Attorney has rendered an opinion on and is part of the packet. He added that the requested opinion on the wording from the Arlik Attorney General had not been received 9. Chairman asked if there was anyone to speak in favor or in opposition; there was no one. He closed the public hearing and stated that since the Commission has deliberated on this issue at some length in the past, it should be considered tonight. 10. Taylor/Conway M/S "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 PERCENT (20%) 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 reason for the recommendation is: We feel this would diminish the property rights of the neighboring properties in the - area to be rezoned " - The motion passed 4-3-0, with Mr Polomskey, Mr. Vehon, and Mr Sanchez dissenting 11 Chairman opened the public hearing on PZ-39-83, Proposed Ordinance No. 226, rezoning from GR to CB-1 in Section 19 He asked for staff briefing. 12. Mr. Nakagawa briefed the Commission regarding the case including the administrative data 13. Chairman asked the applicant to speak on the case 14. A. E. Sullivan, Jr stated he would rather wait to give comments to see if there are any objections. 15. Mr. Taylor commented on the letter provided which stated in part that the applicant could not get enough signatures because the people didn't undertand, so he asked for a Commission Initiative. 16 Mr Sullivan stated that some people never heard of the General Plan and many were elderly who won't sign anything. He added that some live out of state. He said the purchasers live in Colorado and had said that they want to go into a franchise, probably an ice cream store. He added that he has fixed the site up at his own expense Page Three - Planning and Zoning Commission Minutes - December 13, 1983 17 Chairman asked if anyone wished to speak in favor of this case, there was no one He asked if anyone wished to speak in opposition. 18 Lenna Walz stated she was the owner of parcel 89 and had not been approached by anyone to sign a petition She stated her concern about the kind of business that would be built on the /..., site 19. Mr Vehon commented that the City cannot tell anyone what type of business to build, but that CB-1 is limited to light commercial and that businesses such as bars require a heavier zoning 20. Ernest Bilisle stated he was the owner of parcel 88 and was never asked to sign a petition He said he would like to know what is going on before it happens He commented that he did not want the fence torn down that leads to his property 21. Chairman asked if there was any rebuttal, there was none He then asked for staff recommendation 22 Mr Nakagawa stated that the DCC had no objections He said that the DCC does recommend stipulating the dedication of the north 17' of the subject property for public roadway and associated A > - purposes 23. Mr Taylor asked if the staff continued to take Commission Initiatives, what percent of applicants would go through the consent petition 24 Mr Polomskey called for a point of order. He stated the Commission Initiative had already been granted on this case 25 Chairman after brief Commission discussion, called for a motion. 26 Polomskey/Rogers M/S "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 r; „ ,r;. r4Y 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 4 designation of local commercial " The motion passed 6-1-0, with Mr. Taylor dissenting. 27. Chairman opened the public hearing on PZ-40-83, Proposed Ordinance No. 227, rezoning from GR to TH in Section 19 AanikElk Page Four - Planning and Zoning Commission Minutes - December 13, 1983 - 28. Mr. Nakagawa briefed the Commission regarding the case, including the administrative data 29. Chairman asked the applicant to speak on the case 30 Bill Haus stated that the owner just kept deeding off the property, but the front lots stayed as one unit. He said it was not recorded prior �++ to 1974 He said there would be no real change and that there are mobiles on the wa south and north lots. He added that in February, 1982, the site was deeded to Mrs Paulson, and should have been split before then - 31 Clyde George said the he owns the east 125' of Lot 40. He said the aerials show astwo separate lots 32 Chairman asked if anyone wished to speak in favor or in opposition; there was no one. He then closed the public hearing and asked for staff recommendation 33. Mr. Nakagawa stated that the DCC had no objections to the rezoning noting that it would be consistent with the General Plan designation for the site He said there are no recommendations for additional right-of-way as it already exists to City standards. 34. Chairman called for a motion 35 Vehon/Polomskey M/S "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 " The motion passed unanimously (7-0-0) 36 Chairman opened the public hearing on PZ-41-83, Proposed Ordinance No 230, rezoning from GR to TH in Section 27. He asked for staff briefing. 37 Mr Nakagawa briefed the Commission regarding the case, including the administrative data. 38. Chairman asked the applicant to speak on the case - 39 Jerry Burgess said he would answer any questions the Commission might have He commented on Mr Sullivan's experience and trying to get signatures. He said it took him two months to get the required signatures since most owners are from out of state 40 Chairman asked if anyone wished to speak in favor; there - - was no one. He asked if anyone wished to speak in opposition - Page Five - Planning and Zoning Commission Minutes - December 13, 1983 41 Luke asked how many trailers would be allowed on the site and said that if there would be more than two he would be against it 42. Mr Nakagawa stated that if the applicant gets the TH rezoning on the 1* acres, he could lot split up to three times, or if allowed to subdivide he could split into four lots 43 Chairman asked for staff recommendation 44. Mr Nakagawa stated that the DCC had no objection to the rezoning. He said that they do recommend a stipulation of dedicating the west 33', the south 33' and the east 33' of the subject property for public roadway and associated purposes 45 Chairman asked if there was any rebuttal 46. Mr Burgess noted that the gentleman in opposition did not live within the 300' area He stated that he could sell the property and have four mobiles on two lots. 47 Chairman there being no further rebuttal or discussion, he called for a motion. 48 Taylor/Sansone M/S "BE IT RESOLVED by the Planning and Zoning Y" "" " ' `r4'' 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 " The motion passed unanimously (7-0-0) 49 Chairman opened the public hearing on AN-2-83, annexation request in Section 33 He asked for staff briefing 50 Mr Vehon asked to be excused from this case and companion case PZ-21-83 due to a possible conflict of interest 51. Mr Nakagawa briefed the Commission regarding the case, including the administrative data. 52. Chairman asked the applicant to speak on the case Page Six - Planning and Zoning Commission Minutes - December 13, 1983 53 James Murphy stated he was the applicant and developer He said this area will have to be annexed before it can be rezoned 54. Chairman asked if there was anyone to speak in favor or in opposition, there was no one He then asked for staff recommendation. Amok 55. Mr Nakagawa stated that the DCC had no objections He added that 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 He added that the DCC has determined that the annexation require- ments outlined in A.R.S. 9-471 have been complied with. 56 Chairman after brief Commission discusssion, he called for a motion 57 Polomskey/Sansoni M/S "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 The motion passed 6-0-1, with Mr Vehon abstaining 58 Chairman opened the public hearing on PZ-21-83, Proposed Ordinance 199, rezoning from GR to TH/PD in Section 33 He asked for staff briefing. 59. Mr Nakagawa briefed the Commission regarding the case, including the administrative data 60 Chairman asked the applicant to speak on the case. 61. Mr Murphy showed the architects rendition of the Planned Development 62 Mrs Conway asked if this project would be on septics, if the lots would be sold or rented, who would be responsible for the treatment plant, if used, the density, and stated her concerns for the exit being on Southern and adding to traffic 63 Mr. Murphy replied that they plan to sewer all of the property with the treatment plant in the southwest corner He said that the lots would be sold with a homeowners association responsible for the plant which would have a licensed operator He said the average density would fall below the upper high, for a total of 204. He said there will be an emergency Page Seven - Planning and Zoning Commission Minutes - December 13, 1983 access on Idaho. He gave statistics on the average daily flow of traffic in that area from 1980 He assumed that when the college develops they will develop their portion of the road. 64. Mr. Nakagawa stated that the average daily traffic during peak loads was 600-800 cars per hour per lane depending on curb cuts. /"k, 65 Chairman asked if anyone wished to speak in favor; there was no one He asked if anyone wished to speak in opposition 66 Jim Swanson said he wanted a clarification on the density since a portion of the project was medium and another was high density. Asked how they = arrived at an average 67 Mr Polomskey after Commission discussion, he informed the Commissioners that the Planned Development Ordinance allows for a 15% incentive density increase 68 Mary Warren asked how the Groundwater Act affects trailer parks 69. Mr Sansoni replied that the 1980 Groundwater Act did not include stipulations for trailer parks. 70. Chairman closed the public hearing and asked for staff recommendation 71. Mr. Nakagawa stated that the DCC had no object to the rezoning He said that the Commission must find that this Planned Development complies with all six criteria as set forth in Section 33 09 of the Zoning Ordinance He said that 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 72. Chairman called for a motion. 73. Taylor/Rogers M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-21-83, also known as Proposed Ordinance No 199, _ - application of Central Properties for their property described as, a matter of public r} Y -41.. record, requesting 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. Page Eight - Planning and Zoning Commission Minutes - December 13, 1983 2 The approval would not set a precedent since the current Planned Development Ordinance allows for fifteen percent (15%) incentive density increases " The motion passed 5-1-1, with Mrs. Conway dissenting, and Mr. Vehon abstaining. 74 Chairman after a 5-minute recess, the meeting resumed at 9.21 p.m. He asked if anyone wished to address the Commission under Call to the Public, there was no one There were no Communications, Awards, or Presentations. He said under Requests From Other Agencies was SL-3-86972, a State Land referral. He asked for staff briefing. 75 Mr Nakagawa briefed the Commission stating that this referral was for a lease application by Santa Fe Realty Corporation to conduct planning and market studies for a mobile home park near Silly Mountain 76. Chairman asked if the applicant was present, if anyone wished to speak in favor of this case, there was no one He asked if anyone wished to speak in opposition 77 Chuck Jastrzemski spoke as the Chairman of the Superstition ^ � �+ - -r7't Horsemen's Association and gave their opinion of both State Land referrals. He commented on the low density of the area, the water situation, and the precedent set if granted since it would run counter to the General Plan. He said the Association would fight these referrals if approved 78. Mr. Vehon asked for a show of hands in support of this opinion. (A majority of those in attendance raised their hands.) 79 Chairman asked for staff recommendation. 80. Mr. Nakagawa stated that the DCC recommended denial, listing seven reasons for their recommendation 81 Chairman called for a motion 82. Taylor/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that SL-3-86972, a request by Santa Fe Realty Corporation to conduct planning and market studies for a mobile home park in Section 1 be recommended to the Arizona State Land Department for denial. "The reasons for this recommendation are 1. A mobile home park would require a high density (over twenty persons to the acre) zoning district. The Apache Junction General Plan 2001 Land Use Map indicates the area for low density and further, the text of said Plan on pages 2-43 and 2-44 indicates that area 1, which the site is in, should have minimum lot sizes of at least one acre for each dwelling unit 2. Septic disposal in the area is entirely by leech field which would require 200 square feet of lot areaper bedroom at a minimum. :ar Page Nine - Planning and Zoning Commission Minutes - December 13, 1983 The area is extremely rocky and, therefore, would probably preclude deep well septic disposal 3. At the time of adoption of the General Plan, several hundred citizens appeared during h �t. the public hearing and requested a low density general plan designation that would be compatible with the surrounding large lot area. A high density mobile home park �^ may be deemed 'spot zoning ' Certainly a mobile home park would be out of character with the area. - 4. Pinal County does not have a planned develop- ment zoning district and, therefore, cannot guarantee a zoning at a lesser density than is permitted by their ordinance 5 Apache Junction is in the Phoenix Active Management Area and has only a minimal groundwater allocation to its two private water companies. The City General Plan Land Use Map was established, in part, in consideration of available water resources With already granted zoning and the potential for other development, additional water resources are predicted to not be available above those contemplated on the Land Use Map - "--' '"'''' -' a- The potential CAP allocation to Arizona Water is a meager 1,500 acre feet to the year 1995, with a total allocation of 6,000 acre feet available in the year 2036 Their service area covers a portion of Maricopa County, Pinal County, and the City of Apache Junction Apache Junction currently does not have an assured 100-year supply of water. 6. There is a wash running through the subject site and through the south end of Silly Mountain. The City would like to review a site plan to assure that development in the /.� wash, in the floodplain, and on the hillside has been properly designed and engineered 7. The adoption of the General Plan occurred just over one-year ago with some recent amendments proposed In each case the proposal was circulated to the Arizona State Land Department and no comments . were received on the low density area." The motion passed unanimously (7-0-0) 83. Chairman said the next referral was also from the State Land Department, SL-3-86973. He asked for staff briefing 84. Mr. Nakagawa stated that the applicant is the same, for the i same reasons He said this is in the area of the Buckhorn-Mesa watershed dam and would probably access by the Red Mountain Parkway He stated the traffic could not be accomodated. 85 Chairman said that the applicant was not present and they had already heard the opposition and staff recommendation. He called for a motion. Page Ten - Planning and Zoning Commission Minutes - December 13, 1983 86. Conway/Sansoni M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that SL-3-86973, a request by Santa Fe Realty Corporation to conduct planning and market studies for a mobile home park in Section 7 be recommended to the Arizona State Land Department for denial "The reasons for this recommendation are _''- 1 A mobile home park would require a high density (over twenty persons to the acre) zoning district The Apache Junction General Plan 2001 Land Use Map indicates the area for low density and further, the text of said Plan on pages 2-43 and 2-44 indicates that area 1, which the site is in, should have minimum lot sizes of at least one acre for each dwelling unit. - 2 Septic disposal in the area is entirely by leech field which would require 200 square feet of lot area per bedroom at a minimum. The area is extremely rocky and, therefore, would probably preclude deep well septic disposal 3. At the time of adoption of the General Plan, several hundred citizens appeared during -- the public hearing and requested a low density general plan designation that would be compatible with the surrounding large lot area A high density mobile home park may be deemed 'spot zoning.' Certainly I a mobile home park would be out of character with the area 4. Pinal County does not have a planned develop- ment zoning district and, therefore, cannot guarantee a zoning at a lesser density than is permitted by their ordinance. 5 Apache Junction is in the Phoenix Active i 0.111 - Management Area and has only a minimal groundwater allocation to its two private water companies The City General Plan Land Use Map was established, in part, in consideration of available water resources. With already granted zoning and the potential for other development, additional water resources are predicted to not be available +4e ?� -_- above those contemplated on the Land Use Map. The potential CAP allocation to Arizona _ Water is a meager 1,500 acre feet to the year 1995, with a total allocation of 6,000 acre feet available in the year 2036 Their service area covers a portion of Maricopa County, Pinal County, and the City of Apache Junction Apache Junction currently does not have an assured 100-year supply of water. 6 The subject site has several washes running x z ,4 irk}-4 y ... • through the property The site will be on the uphill side of Buckhorn-Mesa water shed dam thereby not providing future relief from flood damage potential. 7. The adoption of the General Plan occurred just over one-year ago with some recent amendments proposed In each case the - .- _ proposal was circulated to the Arizona State Land Department and no comments were received on the low density area Amok Ago Page Eleven - Planning and Zoning Commission Minutes - December 13, 1983 8 The City has a recreation and public purpose application for park plan to the south of the project area which would be in Juxtaposition with the Bureau of Reclamation withdrawal for Salt River Project Kv power lines One-mile long singular projects on the north and south would preclude access to the park area, except from the east and west 9. The City of Mesa's Red Mountain Parkway is proposing termination, as far as their responsibility goes, at McKellips and Meridian unloading potentially high volumes - of traffic at that point If the project, currently at the hearing stage, is approved, the traffic must be accomodated " The motion passed unanimously (7-0-0). 87 Chairman asked for staff briefing on the next referral MC-S-83-40 88 Mr Nakagawa briefed the Commission stating that this is a referral from Maricopa County for a subdivision request by James Jones He said that the applicant proposes a 44-lot townhouse development He added that this is the same parcel that was recommended by the Commission to Maricopa County :^ j�' fi ' "� for a rezoning from Rl-8 to R-3 on November 22, 1983 89 Chairman asked if the applicant was present; if there ■■■ was anyone to speak in favor or opposition, { there was no one He asked for staff recommendation. l90. Mr. Nakagawa stated that the DCC had no objection noting that the project would front on an arterial capable of handling the anticipated traffic. 91. Chairman called for a motion. 92 Vehon/Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that case no S-83-40, a request by James Jones for a 44-lot townhouse subdivision, be recommended to the County of Maricopa for approval - "The reasons for this recommendation are ;ax,.it?,%eg ,, 1. This particular project does front on an arterial which would be capable of handling the anticipated traffic. 2 The site is contiguous to an area on the General Plan designated as Medium/High Density Opportunity " The motion passed unanimously (7-0-0) 93. Chairman asked for staff briefing on PZ-27-83, under Old Business. 94 Mr Nakagawa briefed the Commission stating this was a request for final Planned Development approval for Superstition Lookout in Section 21 95 Chairman asked if the applicant was present; if anyone wished to speak in favor or in opposition, there was no one. He then asked for staff recommendation iss Page Twelve - Planning and Zoning Commission Meeting - December 13, 1983 96 Mr. Nakagawa stated that the DCC had no objections to the approval provided that all City engineering and City building permit requirements are satisfied prior to the issuance of a building permit. He added that the building permit would not be issued prior to December 16th which would be the effective date of the applicant's rezoning 97 Chairman after Commission discussion, 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 the request of W & S Properties for final Planned Development approval for PZ-27-83 be approved Stipulations are That all City engineering and City building permit requirements be satisfied prior to the issuance of a building permit. The reasons for this action are This particular project meets all technical requirements of the City and is ready for development subject to these requirements " The motion passed unanimously (7-0-0) 99. Chairman asked for staff briefing of the first item under New Business, PZ-32-83 100. Mr. Nakagawa briefed the Commission stating that this is a request by Randall Industries for a Commission Initiative to rezone from CR-1 to CR-5/PD He added that he neglected to include the letter requesting the initiative in the packet which he read into the record ,,� 101. Chairman asked for Commission comments. 102 Mr Taylor reiterated his views on the Commission Initiative process. 103. Mrs. Conway agreed with Mr. Taylor. 104 Mr Vehon stated that if the request complies with the General Plan, this process can be used to expedite a rezoning. He said that if the Commission wants to change the Ordinance then it should be open for a public hearing 105 Mr. Taylor said the initiative should be used for technical reasons or for one hold out signature 106. Chairman after Commission discussion, he asked staff to place a public hearing for an amendment to this Ordinance as soon as possible 107 Mr. Nakagawa stated that he would place a request for a Commission Initiative to set a public hearing to discuss this item. 108. Chairman asked for staff recommendation on this case. Page Thirteen - Planning and Zoning Commission Minutes - December 13, 1983 109. Mr Nakagawa stated that this request would be consistent with the General Plan designation for the site. He added that the DCC does stipulate the submittal of the required Planned Development materials prior to setting the public hearing w = 110. Chairman called for a motion. 111. Taylor/Conway M/S "BE IT RESOLVED by the Planning and Zoning Il Commission of the City of Apache Junction, Arizona, that pursuant to Section 2802 of the Zoning Ordinance, a public hearing for a Commission Initiated zone change from CR-1 Single Family Residence to CR-5/PD Multiple Residence by Planned Development as requested by Randall Industries in case number PZ-32-83 for their property described as the Southeast 4 of the Southwest / of the Northwest ; of Section 28, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, is hereby not authorized The reasons for not authorizing this are• 1 The applicant has not furnished the Commission with the consenting signature petition of 51% of neighbors in favor of the rezoning - 2. It is rejected because of a number of protests to this application of rezoning " 112 Mr Taylor commented that the reasons were not very important because the information given them on this case was very skimpy to start with 113 Chairman stated that he could not accept reason #1 since the Ordinance allows for an applicant to request a Commission Initiative without the signature petition The motion failed 3-4, with Mr Polomskey, Mr. Vehon, Mr Rogers, and Mr. Sanchez dissenting He then called for another motion or for a postponement 114. Polomskey/Vehon M/S "BE IT RESOLVED by the Planning and Zoning 'u = _ Commission of the City of Apache Junction, Arizona, that pursuant to Section 2802 of the Zoning Ordinance, a public hearing for a Commission Initiated zone change from CR-1 Single Family Residence to CR-5/PD Multiple Residence by Planned Development as requested by Randall Industries in case number PZ-32-83 for their property described as the Southeast of the Southwest / of the Northwest ; of Section 28, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, is hereby authorized. "Stipulations are: The applicant submit the required preliminary Planned Development materials. "The reasons for this authorization are The request is in compliance with City Ordinance - = 2802." Page Fourteen - Planning and Zoning Commission Minutes - December 13, 1983 The motion passed 4-3, with Mr Taylor, Mrs Conway, and Mr Sansoni dissenting. 115 Chairman stated the next case was another request for a Commission Initiative, PZ-45-83 He asked for staff briefing 116 Mr Nakagawa briefed the Commission stating that this is fr1"\ a request from GR to CB-2 and is designated as General Commercial Opportunity on the General Plan He read the letter of request from Bellucci/Ragan into the record in which it was stated that they had sent out a petition with a stamped, return envelope _ - with no response 117. Chairman stated he would recognize all previous comments 118. Mr Taylor said that this is a new Commission Initiative and that he did not think sending out self- addressed envelopes was a very good try. 119 Chairman asked if there were any new comments, there were none. He then called for a motion 120. Taylor/Conway M/S "BE IT RESOLVED by the Planning and Zoning • Commission of the City of Apache Junction, Arizona, that pursuant to Section 2802 of the Zoning Ordinance, a public hearing for a Commission Initiated zone change from GR General Rural to CB-2 General Business Zone as requested by Al Bellucci and Ken Ragan in case number PZ-45-83 for their property described as That part of the West of the Southeast of the Southeast k of the Southwest i of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, lying south of the south right-of-way line of Highway 60-70-80-89, is hereby not authorized. The reasons for not authorizing this are: The applicant has not shown a concerted effort to get 51% of the signatures of the neighboring homeowners " The motion failed 3-4, with Mr Polomskey, • " , � � _ Mr Rogers, Mr Vehon, and Mr Sanchez dissenting 121 Chairman called for another motion or a postponement 122. Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, ( I Arizona, that pursuant to Section 2802 of the Il Zoning Ordinance, a public hearing for a Commission Initiated zone change from GR General Rural to CB-2 General Business Zone as requested by Al Bellucci and Ken Ragan in case number PZ-45-83 for their property described as: That part of the West # of the Southeast 3 of the Southeast * of the Southwest * of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, lying south of the south right-of-way line of Highway 60-70-80-89, is hereby authorized Page Fifteen - Planning and Zoning Commission Minutes - December 13, 1983 "Stipulations are The applicant submit the required zoning materials. "The reasons for this authorization are 1 The rezoning would be in compliance with the City's General Plan CB-2 designation 2 The request meets the requirements of Section 2802 of the City's Zoning Ordinance." = The motion passed 4-3, with Mr Taylor, Mrs Conway, and Mr Sansoni dissenting. 123. Chairman asked for briefing on the next item, discussion and possible motion to change agenda format. 124. Mr. Nakagawa stated that there had been discussion to change the format by the City Council, which would move Call to the Public lower on the agenda to eliminate the possibility of a possible conflict that could arise by having someone speak on an agenda item that has not been brought before them yet, but is scheduled for later in the meeting. He said that the City Council had adopted the change, and perhaps the Commission may wish to consider doing the same 125 Mr Vehon commented that he saw no reason to change the format. 126 Chairman called for a motion 127. Polomskey/Rogers M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the format of the Commission's • agenda be revised by moving 'Call to the Public' and placing this item between 'New Business' and 'Information and Reports.' The motion passed 6-1-0, with Mr Vehon dissenting 128. Chairman asked for staff briefing on PZ-48-83. 129 Mr. Nakagawa stated that this was another request for a S 'y 2ie.f4....d1 R .tfir'za.�li'a+e. Commission Initiated zone change. He stated that the applicant has obtained two out of three signatures for 66 7% by number, but only 50% by area 130. Mr. Taylor said this was at least a try. 131 Chairman called for a motion. 132 Taylor/Sansoni M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that pursuant to Section 2802 of the Zoning Ordinance, a public hearing for a Commission Initiated zone change from GR General Rural to CB-2 General Business Zone as requested by Clyde and Elleanor Wyatt in case number PZ-48-83, for their property described as Page Sixteen - Planning and Zoning Commission Minutes - December 13, 1983 The West 1 of the South z of the Northeast of the Southeast ; of the Southwest A of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, is hereby not authorized. The reasons for not authorizing this are "wok To approve this Commission Initiative would <. ..._.- be, as in the past, an elimination of the consent signatures of the neighboring property owners, thereby taking away the rights of the property owners " • The motion failed 3-4, with Mr Polomskey, Mr Rogers, Mr Vehon, and Mr Sanchez dissenting 133. Chairman called for another motion or a postponement 134 Vehon/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that pursuant to Section 2802 of the Zoning Ordinance, a public hearing for a Commission Initiated zone change from GR General Rural to CB-2 General Business Zone as requested by Clyde and Elleanor Wyatt in case number PZ-48-83, for their property described as The West 2 of the South z of the Northeast ; of the Southeast 4 of the Southwest ; of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, is hereby authorized "Stipulations are The applicant submit the required zoning materials } "The reasons for this authorization are 1 This particular property is in compliance with the City of Apache Junction Land Use Map designation of General Business. ? The applicant being held back by such a small percentage is good reason to grant Yt' = � a public hearing." -r r< The motion passed 4-3, with Mr. Taylor, Mrs Conway, and Mr Sansone dissenting 135. Chairman noted there were no Information and Reports There being no further business, called for a motion to adjourn 136. Conway/Taylor M/S to adjourn. The meeting adjourned at 10 37 p.m. Recorded and Trans ribed by: 11 q ✓ Z� c J -74cc<_e i Marge Saruelson, Recording Secretary 'mak, Page Seventeen - Planning and Zoning Commission Minutes - December 13, 1983 Respectfully Submitted by: James A. Nakagawa, Aj,ig Executive Secretary APPROVED: Ken Sanchez, Chairman • Planning and Zoning mmission _ . , . -41RgA-WRA. - . .•� it RECORD OF ATTENDANCE MEETING ATTENDED PLANNING AND ZONING MEETING DATE- DECEMBER 13, 1983 ^` zr NAME Ernest Bilisle Lenna E Walz Jerry Burgess Earl Laabs John F Dassinoer Cher Jastrzemski Chuck Jastrzemski James Murphy Choosin Bhandsaver Annabelle Richards Nancy Koerner Patsy Otherson Gina Koler Doug Cadwalader Emma Cadwalader Darrik Evans Mildred Evans Steve Young Linda Young Ilene Taylor Teresa Sherwood ` Mary Warren Ernie Perkins Jean Perkins John Harambasic W L Johnson Ray Moore Peggy Moore Virginia Nichole Jo Etta Thompson Ruth Armsby Kenneth Ragan Betty Swanson Bob Nuth M Seltzer Joe Morvak Bill Karrel Keith Stachar Kyle Dugan , Press A. E. Sullivan, Jr Clyde George Bill Haus Jim Swanson . l APACHE JUNCTION/PINAL COUNTY PLANNING AND ZONING COMMISSION WORK SESSION COMMUNITY SERVICES ROOM 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA DECEMBER 13, 1983 5:30 P.M. MINUTES Present Absent Guests r'\ A.J A.J. Ilene Taylor Jim Smets Mr. Taylor Mr Polomskey Earl Laabs Mrs Conway Mr. Rogers Andy Abraham Mr Sansoni John Harimbasic Mr. Vehon Pinal Co Kyle Dugan, Press Mr. Sanchez, Chairman Mr. McNulty, City Manager Mr. Coxon Mr Nakagawa, Act Exec. Sec. Mr Pearce Mrs. Samuelson, Recording Sec Pinal Co Mr Beeson Mr. LaMar Mr. Holland Mr Medlock Mr. Zeeke Mr. McD Hartman ^'- �.'��*.^'. :'* ' r` Mr Hogue, Chairman Mr. Smith, Staff Mr. Applegate, Staff Synopsis r Discussion of General Plan in regard to PC-PZ-54-83. 1 Chairman Sanchez turned meeting over to Chairman Hogue since Pinal County had requested this work session. 2 Chairman Hogue stated that the Pinal County Commissioners were concerned about a problem area on the proposed Land Use Map and General Plan revisions, especially in Section 35 He commented that even though they would like to accomodate Apache Junction, they could not deny the use of a person's property for a long time just because of the way it was x �*ter: zoned. 3 Mr Taylor commented that they will stick to the General Plan when making recommendations 4 Chairman Sanchez noted that the area in concern tonite was being proposed for an RV Park and that the Commission had recommended denial of the project since the area is being considered as light industrial 5 Mr Holland stated he had the feeling that Apache Junction felt Pinal County had to do what they wanted 6. Chairman Sanchez explained the Land Use Map and how the General Plan is used as a guideline. He said that the Commission can only make a recommendation, not suggest what Pinal County should do 7 Mr Holland stated that their recommendation is not final since it is forwarded to the Board of Supervisors Page Two - A.J./Penal County Work Session - December 13, 1983 8. Mr. Vehon commented that the Land Use Map is City policy He said that if a rezoning is in the City, they can request that the Map be amended, then rezone He added that they cannot make such a recommendation to an applicant outside of the City limits. 9. Chairman Sanchez stated that the City must have an industrial area 10. Mr. Zeeke commented that there was not much of a change from RVP to Industrial 11. Chairman Sanchez said that light industrial cannot be compared to RVP 12 Chairman Hogue stated that the owner can be allowed to use the land on an interim basis which would benefit both the County and the City He said the area could be converted at a later date. He added that an RV park is not a permanent structure, and that the land could not just sit for 10-15 years 13. Chairman Sanchez noted that no RV park in the City had ever gone out of business or had been used temporarily 14. Mrs. Conway stated that the City is in the process of rewriting the Zoning Ordinance She noted that the developer is an individual and that it is difficult to buy land and develop it only to change it later She stated that the City does not have a temporary permit. 15 Mr Holland said he did not see any industrial development 1! in the City for at least 15 years 16 Chairman Sanchez disagreed with Mr Holland He stated that if the area is not used as light industrial - the City will not be able to acquire the tax base necessary to remain a City. 17. Mr. Beeson noted that the area in question was designated Amok - as commercial/general commercial/institutional 18. Chairman Hogue asked about the shopping center that was being considered for this area. 19. Chairman Sanchez replied that the area has not been annexed into the City and that he could not say what it would be used for He noted that a shopping center would be light industrial. 20 Mr. LaMar noted that this area is 800 acres and the largest shopping center in Phoenix is about 230 acres so there is far more land there than will ever be used 21 Chairman Sanchez commented that if they don't have the area reserved, there will be none to use. • 22. Mr. Holland noted that the wash and pit isolates it from other industrial He stated that this project would go well with the property to the west which is an RV park. 23 Chairman Sanchez noted that according to the City's General Plan that park should never have been there 24 Mr. Vehon said that the park in question was existing zoning prior to the General Plan /'N Page Three - A J /Pinal County Work Session - December 13, 1983 25 Chairman Hogue understood that the City could not survive without industrial development He suggested again that the RV park could go in now and when and if the area is developed as industrial, the owners would turn it into industrial 26 Mr McNulty noted that this would be considering putting a use in that would change the character of the community. He said the present developer may be in agreement to change the use, but asked how long will this developer own the property. 27 Jim Smets stated he was Chairman of the Freeway Committee He said they have all the rights- of-way, except for one stretch which is State Land, but there is no money available or projected to build the Freeway. He made comments on the feasibility of building a mall on the site in question stating that Baseline would have to be bridged and would have a drainage problem. 28 Mr Beeson noted that only one individual land owner was being penalized He said that the new Land Use Map increase industrial areas by 300-400 acres. 29. Chairman Sanchez commented that even though there may be no money for the Freeway now, the situation could change in 24 hours • 30. Mr. Smets said in ADOT's 5-Year Plan, no money is scheduled. He added that it could indeed change next year 31. Chairman Sanchez stated that the Freeway would bring the transportation necessary to industrial development He said that the City must look to the future not just the present He asked the Pinal County Commissioners to help look out for the future of Apache Junction and to follow their recommendations 32 Mrs. Conway stated that the County should also be fighting for the Freeway She noted that a shopping center located on this property would also benefit the County. 33. Mr McNulty noted that a use permit for 5-10 years was a viable option 34. Chairman Hogue stated that it would be difficult for a developer to put in so much money for something that can be pulled away from them. 35. Mr. LaMar noted that there would be a financing problem with a permit 36 Mr Vehon commented on the water situation. 37. Mr. McNulty stated that the allocation is given to the water companies and the service area. He said that what is built outside of the City could affect the City's water supply. 38. Chairman Hogue asked about the political climate in the City and if it was such that the area could be changed to RVP He asked if the City Council could be pursuaded to change the Plan. Amok Aso.. Page Four - A J /Pinal County Work Session - December 13, 1983 39. Mrs Conway commented that the City needs proper housing for industry to develop. 40. Mr. Sansoni noted that trailer parks get water easily because they are on master meters 41 Mr. McNulty asked that a commercial enterprise be /'ok considered. 42 Mr LaMar asked if the staff makes a recommendation on these projects. 43. Mr Nakagawa replied by explaining the function of the D C C He added that the D.C.C. made a recommendation of denial on this project having evaluated the proposed use with respect to the General Plan. 44. Chairman Hogue thanked the people present for attending the meeting and for comments provided The work session adjourned at 6 28 p m Respectfully submitted, James A Nakagawa, A ng Executive Secretary { APPROVED. en Sanchez, hairman Planning and Zoning Com sion Amok City of Apache Junction xa a x= =r +uos 1 (c;71/40-1 ✓G yn� U..,... "4 � O Z gR1ZO.....) NN c iiy O ache 02unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 16, 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ t) ACTING PLANNING DIRECTOR or PREPARED BY: ',iJAMES A. NAKAGAWA, ASSOCIATE PLANNER SUBJECT: BOARD OF ADJUSTMENT MINUTES FOR YOUR INFORMATION Attached please find a copy of the Board of Adjustment Minutes from their meeting of December 12, 1983. Please have the original Minutes placed in the "Minutes Book" in the City Clerk' s office. MJMc:JAN:mas 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA DECEMBER 12, 1983 700PM MINUTES Am\ Present Absent Guests Mr. Gardom None George Luddy Mr. Carter Mr Morrison Miss Herington Mrs. Luddy Mr Berry, Chairman Mr. Nakagawa, Acting Executive Secretary Synopsis Minutes of November 14, 1983 - approved as read 1 Chairman opened the meeting and asked the Executive Secretary to call the roll 2. Mr. Nakagawa called the roll and determined that all current members were present He informed the Board that Mrs. Dunlop had submitted her resignation due to business commitments. f 3 Chairman noted there was a quorum and asked for additions, corrections, or additions to the Agenda dated December 12, 1983, there were none He then called for a motion 4. Luddy/Carter M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, _ Arizona, that the Agenda dated December 12, 1983 be accepted as presented." The motion passed unanimously (6-0-0). 5 Chairman asked if there were any additions, corrections, or deletions to the Minutes dated November 14, 1983; there were none. He then called for a motion. .,,,�� 6 Carter/Morrison M/S "BE IT RESOLVED by the Board of " Adjustment of the City of Apache Junction, Arizona, that the Minutes dated November 14, 1983 be approved as read." The motion passed 4-0-2, with Miss Herington and Mr Berry voting "present." 7. Mr. Gardom requested that election for a new Vice Chairman be on the January agenda 8 Chairman there being no further business, the meeting adjourned at 7:12 p.m. Respectfully submitted, James A Nakagawa, Acti g xecutive Secretary Page Two - Board of Adjustment Minutes - December 12, 1983 APPROVED: A F. erry, Chairman ti by ',Sam Gardom, Acting Chairman y;. CITY COUNCIL MOTIONS MEETING OF JANUARY 17, 1984 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. ) Action Completed. BE IT FURTHER RESOLVED THAT ORDINANCE NO. 196, AN-2-83, CENTRAL PROPERTIES (SECOND READING) , B: PROPOSED ORDINANCE NO. 199, PZ-21-83, CENTRAL PROPERTIES (SECOND READING) , C: PROPOSED ORDINANCE NO. 221, PZ-34-83, COMMISSION INITIATIVE (SECOND READING) , D: PROPOSED ORDINANCE NO. 226, PZ-39-83, CURTIS, ROSS, AND WEATHERBY (SECOND READING) , E: PROPOSED ORDINANCE NO. 227, PZ-40-83, PAULSON (SECOND READING) , F: PROPOSED ORDINANCE NO. 230, PZ-41-83, BURGESS (SECOND READING) , AND G: PROPOSED ORDINANCE NO. 188, PZ-15-83, LEIGH (SECOND READING) , AND H : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF Posted 1/20/84. JANUARY 3, 1984, BE ACCEPTED AS PRESENTED. C.C. Published 1/24-2/1/84 (motion carried. ) Planninc Letters sent to applicants 1/18/84. THAT THE CITY COUNCIL HEREBY AUTHORIZES THE CITY MANAGER, TO TAKE APPROPRIATE ACTION BY IMPLE- MENTING 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 P.S. Operations Supervisor and AS RECOMMENDED. (motion carried.) P.W. Contractor notified, action is being taken. THAT THE COMMUNITY SWIMMING POOL BATH HOUSE BE ACCEPTED AS COMPLETED, AND THAT FINAL PAYMENT BE MADE TO ROBERT DEBOW, JR. , CONSTRUCTION INC. (motion carried. ) C.S. Final payment made. THAT ORDINANCE NO. 201 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (motion carried. ) Action Completed. THAT ORDINANCE NO. 201, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, 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 WELLS FARGO AVENUE" TO "WEST TWELFTH AVENUE"; REPEALING ANY CONFLICTING PROVISIONS; CITY COUNCIL MOTIONS MEETING OF JANUARY 20, 1984 ACTION MOTION AGENCY DISPOSITION PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS DENIED. (motion carried. ) Action Completed. THAT WELLS FARGO STAY AS IS AND 12TH AVENUE STAY AS IS AND THAT PRESENT SIGNS STAY AS THEY ARE, WITH ADDITIONAL SIGN TO INDICATE WHICH DIRECTION IS WELLS FARGO AND WHICH DIRECTION 12TH AVENUE RUNS. (motion carried. ) P.W. THAT ORDINANCE NO. 212 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (motion carried. ) Action Completed. THAT ORDINANCE NO. 212, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, CITY CODE BY AMENDING SECTION 13-2-3, SUBSECTION (A) , BY DELETING FROM THE "STREET CLASSIFICATION PLAN" THE REQUIREMENT TO DEDICATE AND IMPROVE WEST FOURTH AVENUE BETWEEN SOUTH IRONWOOD DRIVE AND THE EXTENSION OF WEST FOURTH AVENUE FROM ITS WESTERLY TERMINUS AS PLATTED IN AZURE SKIES SUB- DIVISION AS RECORDED IN PINAL COUNTY RECORDER ' S OFFICE, BOOK 15, PAGE 24; REPEALING ANY CON- FLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 'ND PROVIDING PENALTIES, BE AND HEREBY IS DENIED. (motion carried. ) Action Completed THAT RESOLUTION NO. 84-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING INTENT TO SUBMIT TO THE VOTERS OF THE CITY OF APACHE JUNCTION A ONE-TIME BUDGET OVER- RIDE, BE AND HEREBY IS APPROVED AND ADOPTED. (motion carried. ) C.C. Posted 1/20/84. THAT RESOLUTION NO. 84-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SUPPORTING DIRECT DAILY TRAIN SERVICE ON THE SOUTHWEST LIMITED BETWEEN MID- WESTERN CITIES AND CITIES THROUGHOUT THE STATE OF ARIZONA, BE AND HEREBY IS APPROVED AND ADOPTED. C.M. (motion carried. ) C.C. Posted 1/20/84. THAT THE BID FOR A NEW BUILDING INSPECTION VEHICLE BE AWARDED TO CHAPMAN CHEVROLET, IN THE AMOUNT OF $7710.37. (motion carried. ) Building THAT ITEM NO. 10, AWARD OF BID FOR WASTE WATER STUDY, BE DENIED. (motion carried. ) P.W. Proposal will be reviewed ar modified per Council direct" • • • • ITEM NO . 13 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE MEETING BE ADJOURNED AT P .M . CITY COUNCIL MOTIONS MEETING OF JANUARY 20, 1984 ACTION MOTION AGENCY DISPOSITION THAT THE RESIGNATION OF MS MAXINE HERINGTON FROM THE BOARD OF ADJUSTMENT, BE AND HEREBY IS ACCEPTED WITH REGRET. BE IT FURTHER RESOLVED THAT Cora Blatterspeil , BE APPOINTED TO THE BOARD OF ADJUSTMENT TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MS MAXINE HERINGTON, SAID UNEXPIRED TERM TO END JUNE 30, 'lanning 1984. (motion carried. ) C.C. Appointee given oath of office. THAT A WORK SESSION BE HELD ON FEBRUARY 6, 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 FEBRUARY 7, 1984, AT 6:00 P.M. , IN THE CITY COUNCIL CHAMBERS. C.C. Posted 1/25/84. (motion carried.) THAT THE MEETING BE ADJOURNED AT 8:05 P.M. Action Completed. (motion carried.) .. A. ROLL CALL VOTE SHEET NOTES 9} 1 ' i ITEM # MEETING OF jtvf MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMAN SHANKS COUNCILMAJ`! DAMIAN0 H VICE MAYOR EIDSON COUNCILMAN ELL UNANI " US IN FAVOR OPPOSED ABSTAINED TOTAL 6)) yy) ROLL CALL i ,)ukiL 4i/ ;Iu !ic Li ROLL CALL IPRESENT BSENT a j ( i MAYOR OLARKE �, VICE—f1AYQR, EIDSON V V COUNCILMAN HILL ? I ,COUNCILMAN TAYLOR ± / I COUNCILMAN SHANKS ! i v ' I i COUNCILMAN slEaSMITN tid; / I COUNCILMAN DAMIANO 1 " 1 I TOTAL I0 Vil I STAFF PRESENT 9/(Jw.S. 9/7 CITY MANAGER MICHAEL J. MCNULTY i CITY CLERK Kathy Connelly j 41/( ' ....., FINANCE CONTROLLER Keith Lewis f I 0._/ DIRECTOR OF PLANNING Atiettegoir ____J 1►�'1 ✓ _ DIRECTOR OF PUBLIC SAFTEY Bill McDaniel ✓ • 1/4 DIRECTOR OF PUBLIC WORKS Rich Broman V / CITY ATTORNEY Mr. Alexander/Mr. Hirsch P O/ ECONOMIC DEVELOPMENT SPECIALIST John Schoeph V ✓ ROLL CALL VOTE SHEET NOTES ITEM II MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED C , COUNCILMAN LMAN --� HILL CO UNC I LMAN SHANKS V/i/ VICE MAYOR FIDSON COUNCILMAN DAMIANO V ST-CEESM I Th l�avno ri n� �� UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: �Qf=�L1) /< 4 ?t s f - DATE: 7c?/;fJ' ADDRESS: (RQ. \dyC `U . 3[ l�p�e IA( -itii• tchk` /a 2 >3220 AGENDA ITEM: /4P/g CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: e5;-.47,e2, 4/NL DATE: d" ADDRESS: � /U. r 'R. C�f� 4 AGENDA ITEM: 0 13 1 CITY OF APACHE JUNCTION REQUEST TO SPEAK 4 NAME: QVe4 DATE: 7 D 3 ADDRESS: 3 7 s E � AGENDA ITEM: Cr F3 CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: r1aJ Yf DATE: 2 / C� ADDRESS: (/4.0 ✓¢aso we,od — AGENDA ITEM: _74ba/0d/ itkie 24,/ 1 ��vK 4 - � �"23 Ink CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: DATE: .,"21 iA! ADDRESS: /7 /t- AGENDA ITEM: