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HomeMy WebLinkAbout1984 03.06 City Council Regular Agenda � ` di U i. i Pl,i:r f3:'Z gR1ZoNP `O.iti o ' &pac/e unction CITY COUNCIL REGULAR MEETING AGENDA MARCH 6 , 1984 7:00 P.M. 6:00 P.M. EXECUTIVE SESSION (if required) 6: 00 P.M. WORK SESSION (if required) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL (1) ACCEPTANCE OF AGENDA (2) ACCEPTANCE OF CONSENT AGENDA A. Proposed Ordinance No. 238, PZ-45-83, Application by Bellucci/Ragan to rezone 0. 5 acre parcel, located at northwest corner of Broadway and Highway 60 in Section 21 ._ from GR General Rural to CB-2 General Business Zone. B. Proposed Ordinance No. 240, PZ-48-83, Application by Clyde and Elleanor Wyatt to rezone 2. 5 acre parcel, located at northeast corner of Highway 60 and Colt Road in Section 21 from GR General Rural to CB-2 General Business Zone. C. Acceptance of Minutes from Regular Meeting of February 21 , 1984 INTRODUCTION OF DISTINGUISHED GUESTS AND VISITORS AWARDS , PRESENTATIONS, AND COMMUNICATIONS Presentation by Mr . William Gresser , President , American Greyhound Racing CITY MANAGER'S REPORT Presentation of final draft of Magistrate Court Study by Arthur Young and Company. 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 PUBLIC HEARINGS (3) PROPOSED ORDINANCE NO. 265, AMENDING ORDINANCE NOS . 188, 199, 225 , 226, 230 AND 237 (First Reading with Emergency Clause) (4) PROPOSED ORDINANCE NO. 266 , AMENDING PERSONNEL POLICIES (Holidays for Magistrate Court) (First Reading with Emergency Clause) �..� (5) MAJOR AMENDMENT TO PLANNED DEVELOPMENT, ROADHAVEN PHASE I AND II (6) PROPOSED ORDINANCE NO. 243, PZ-50-83, Application by Richard A. and Georgia Erickson to rezone 1. 25 acre parcel located at south side of East Second Avenue between Hopi and Arizona Roads in Section 21 from GR General Rural to Trailer Homesite Zone (TH) . (First Reading) (7) APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE, CACTUS CLUB (From Mr . Larry Laird to Mr . Howard Keller) OLD BUSINESS (8) PROPOSED ORDINANCE NO. 232, PZ-43-83, Application by Oertle/ Eardley to rezone 10 acre parcel , located at southeast corner of San Marcos Avenue and Broadway Road in Section 29 from CR-3 Single Residence Zone to Trailer Homesite by Planned Development (TH/PD) . (Second Reading) NEW BUSINESS (9) ACCEPTANCE OF FINAL REPORT AND RECOMMENDATIONS OF THE CITIZENS ADVISORY COMMITTEE ON CABLE TV (Initial steps to begin contract negotiations for City-wide Cable TV System) (10) INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY ELECTIONS DEPARTMENT FOR MAY 15TH SPECIAL ELECTION (11) AUTHORIZATION FOR LEASE/PURCHASE OF W20C WHEEL LOADER (12) WORK SESSION, MARCH 19, 1984 EXECUTIVE SESSION, WORK SESSION, MARCH 20, 1984 CALL TO THE PUBLIC (13) INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS REQUESTS OF COUNCIL (14) ADJOURNMENT "THANK YOU FOR YOUR ATTENDANCE AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS. " QLI A MEMBER OF ARTHUR YOUNG INTERNATIONAL /1 GITX n� YOuHe 1700 Valley Bank Center (��] JZ V L( w Phoenix,Arizona 85073 Telephone (602) 258-4831 February 23, 1984 The Mayor of the City of Apache Junction Members of the City Council 1001 North Idaho Road Apache Junction, Arizona 85220 Dear Mr. Mayor and Council Members: We have completed our analysis of the Apache Junction Municipal Court clerical work flow processing procedures. We interviewed the City Magistrate and both clerks to identify problems resulting from ,work flow systems, overall case load , work space and equip- ment . We believe this report contains significant findings and recommendations for improving the operational procedures and utilization of personnel , space and equipment . We would like to thank Mr. McNulty and the Court personnel for their outstanding cooperation during the course of our study. We appreciate the opportunity to provide assistance to the City of Apache Junction. We are prepared to present our findings to the City Council at a mutually agreeable time and date after your review of the report . If you have any questions, please call Mr. Terry Boiling at 258-4831 . Yours very truly, &gra__ A. BACKGROUND The City of Apache Junction faces problems common to all levels of government across the country. The cost of provid- ing services has been rising at a very rapid rate . The public is demanding increased levels of services while , at the same time, resistance to tax or fee increases is strong. There is significant public concern with the general growth of govern- ment and the increasing numbers of public employees. The City of Apache Junction was incorporated in 1978. The 1980 Census documented a population of approximately 10 ,000 . The estimated 1985 population is 15 ,000 . Winter visitors to the City increase the population by about 25 ,000 from October through March. Additionally, a proposed annexation plan will increase the size of the City by 50 percent. In calendar year 1983 , the Apache Junction Municipal Court (AJMC) collected approximately $314 ,000 in fines and fees from traffic misdemeanors and civil actions cited by the Apache Junction Police Department and the Arizona Department of Public Safety. In calendar year 1983 , 3 ,453 traffic citations were processed , in addition to 782 nontraffic misdemeanors. The following chart depicts citation volume for calendar years 1980-1983 . Following this chart is a data flow diagram which provides a graphic overview of the citation processing func- tion's relationship to outside entities. As the population of Apache Junction continues to grow, the Municipal Court work load will also increase. The current staff (one magistrate and two clerks) should be able to effec- tively handle the present level of work load , assuming adoption of the recommendations presented herein. Further , these recom- mendations for productivity improvement should be implemented to assure that a reasonable increase in future work load can be absorbed without a commensurate increase in personnel . -1- APACHE JUCTION MUNICIPAL COURT CITATIONS PROCESSED/DOLLARS COLLECTED Calendar Years 1980-83 TOTAL CITATIONS PROCESSED 4500 4234 4006 4000 - 3500 - 3000 - 2708 p 2588 2500 - 2000 1980 1981 1982 1983 CALENDAR YEAR TOTAL DOLLARS COLLECTED (000) 350 . 313.8 300 . 250 - 245.7 200 . 182.9 150 - / 118.4 100 _ 'eared 1980 1981 1982 1983 CALENDAR YEAR APACHE JUNCTION MUNICIPAL COURT DATA FLOW DIAGRAM January 1984 Municipal Work Alternative Citing to Cash Payme Agency o. °'tr . Court nr g y �spo °n ��°� Judge Community • AJPD * iVee�iion Re �;`tia a;ca�‘° in Addition toervices • DPS WA y* A°� d�v Fine rants / P e Tax Report 1 Municipal St* Monthly* City Court Cott ected Treasurer ewes Daily* of commitment Citation s1t;On Report otaet Processing Florence 9\590 County stet/sr/_ a/ Jail ReA Administrative °' * cti° °�/s ac e5 Agencies a\ 6`G 0 e5 �( c P Jtie \Ga QQ ;yo -o o • MVD - weekly * ° • DPS - weekly a /: c' a a, • Supreme Court etr U a gr cc �`` _ monthly • Arizona Legislative Superior a` �° Council - quarterly Court Alcohol • AJ City Council Florence Screening/ - monthly City Treatment Prosecutor Centers 1 1 .•. What is needed then , is a means to : • Improve the utilization of those resources that are available. • Improve the effectiveness of the service provided . B. STUDY APPROACH As the Apache Junction Municipal Court grew and developed as an organization, manual systems were developed to meet the specific needs of the time. Certain of these systems are no longer able to meet the needs of the organization, due to both the increasing work load and the evolutionary nature of the Court administration. Recognizing this , the City of Apache Junction contracted with Arthur Young & Company to conduct an operations analysis of the clerical processing system of the Apache Junction Municipal Court . Our consultants, Dave Schultz and Terry Bolling, spent 2-1/2 man days on-site observing the AJMC operations, collecting data, and interviewing the City Magistrate and both court clerks . The AJMC staff explained ... the processing procedures, bookkeeping systems , case schedul- ing and trial procedures , as well as the governing statutory requirements. We then interviewed Arizona Department of Transportation , Motor Vehicle Division , and Phoenix Municipal Court adminis- trative personnel to review their related policies and pro- cedures. We also discussed potential solutions with several equipment vendors to ascertain equipment specifications and approximate cost . -2- C. FINDINGS AND RECOMMENDATIONS Based on our examination of the current Municipal Court policies and procedures , we developed the following findings and recommendations. 1. FINDING: CLERK AND MAGISTRATE OFFICES ARE OVERCROWDED. i► The clerical processing is performed in a small (12 ' x 12 ' ) room at the rear of the Court/City Council building. The room is overcrowded with desks and office equipment, resulting in ineffective traffic flow and congested working conditions. The magistrate' s office is also crowded , especially when used as a jury room. RECOMMENDATION: REVISE CLERK AND MAGISTRATE OFFICES . Two options are available for -expansion of the physical facility: adding on to the east side of the building or moving the interior wall deeper into the courtroom. A major portion of the clerks office is taken up with filing cabinets. Microfilming the files would also alleviate the overcrowding in the office. If other departments in the City could also benefit from the space savings attendant to microfilming , this option should be investigated. The current estimated cost of a planetary microfilm camera is $3 ,000 , a microfilm reader is approxi- mately $4 ,000 , and a microfilm reader/printer is approxi- mately $6 ,000 (Attachment A) . During trials , the Court taping system picks up all ambient sound , including telephone, conversation , and typing in the clerks office. This situation restricts work performance by the clerks during trials. We recommend additional sound insulation for the interior wall separating the courtroom from the clerks office. -3- 2. FINDING: CURRENT MANUAL SYSTEM IS REDUNDANT. The clerks currently use six different files : a. Red Book - Citations are logged in numeric sequence by docket number and include defendant name, citation number , offense cited , citation date, arraignment date, amount of fine and disposition date. b. Rolodex - Citations are logged in alphabetic sequence. Typed information includes defen- dant 's name and address, docket number , citation number , offense cited , citing officer, arraign- ment date, pretrial hearing date and trail date. c. File Jacket - Actual citation and any supporting documentation is kept in the file jacket . The file jacket is typed with defendant ' s name , docket number and appearance date and filed chronologically by appearance date. d. Receipt Book - When fines are collected from defendants, the clerk issues a receipt with date, receipt number, docket number , defendant name , and amount collected . The clerk then calculates and enters the fee distribution to the City, County and State. At end of day, the cash drawer is balanced to the receipt book and a transmittal document is given to the City Treasurer which includes fee distribution totals. -4- e. Docket Sheet - After adjudication is made, a docket sheet is prepared and filed in docket number sequence with defendant name , fine amount , payment date , date filed , offense cited , and transcript of court proceed- ings. This is the official Court document. f . Permanent File Cabinets - Two separate files are maintained for permanent records : the Rolodex cards are filed alphabetically and the file jacket is filed in docket number sequence. RECOMMENDATION: COMPUTERIZE RECORD KEEPING FUNCTIONS. A terminal and printer connected to the City' s IBM 34/36 computer could replace the Red Book, Rolodex File, Receipt Book and permanent alphabetic file, and expedite the preparation of the Docket Sheet . The required informa- tion could be entered only once and cross-indexed for retrieval by name, docket number, appearance dates , or other reference point . Statistical reports can also be generated as needed. We understand the City purchased a terminal and printer for use by the Court , and offered the services of the City' s programmer to develop specific software. The Court had to refuse the equipment because of a lack of space in the clerks office and the equipment was subseqently transferred to City Operations , Department of Public Works. We suggest the City reevaluate its computerization priorities, examine the terminal and printer usage at City Operations and determine the appropriateness of trans- ferring the equipment to the Municipal Court . -5- RECOMMENDATION: ALTERNATE/INTERIM TO COMPUTERIZATION. 1) The vast majority of cases are simple : citation, adjudication, fine assessment , case closed . The current clerical system is well designed to meet all the judicial eventualities: request for hearing , pretrial hearing , trial , appeal , and subsequent appeal or investigation. The data initially recorded in the Red Book and Rolodex file could be reduced to name, docket number and appearance date only. Additional information then would be added to this initial docketing if the case proceeds to a request for hearing. This procedure should significantly reduce clerical processing time. 2) The current cash drawer system is outdated and lacks proper fiscal controls . A programmable electronic cash register (PECR) is an option to consider for cash management and financial report- ing . A PECR would provide a proper receipt system .••. and calculate the daily and monthly statistical reports and fee distribution (Attachment B) . 3) The current clerical processing system relies heavily on the Rolodex file and file jackets. We recommend these files be secured at close of business day to prevent loss through theft or fire. -6- 3 . FINDING: CONTINUANCE POLICY INHIBITS PRODUCTIVITY. The current average time from arraignment to trial is 120 to 150 days . Pretrial hearings are generally set for 30 days after arraignment , in order for the Court and attorneys to evaluate the case. The trial date is then set 15 to 30 days following the pretrial hearing . A guilty plea may be accepted after a pretrial . The dif- ference between the expected 45 to 60 days from arraign- ment to trial and the average 120 - 150 days is a relatively liberal continuance policy. The Court clerks estimate that 50 to 60% of all pretrials and trials are continued more than three times. Every time a continuance is granted , more paper work must be generated . RECOMMENDATION: ESTABLISH LIMITED CONTINUANCE POLICY. After arraignment and a not-guilty plea, a trial should be set. The pretrial hearing should be scheduled 10 days prior to trial date. No plea change should be accepted between the pretrial hearing and trial . A strict policy of one continuance each for prosecution and defendant .-. should be considered . 4. FINDING: FORMS CONTROL NEEDED. Apache Junction Court personnel designed the forms cur- rently in use to facilitate compliance with sometimes unclear legislative and judicial mandates. When in doubt, the Court designs a system to encompass all potentialities, rather than omit any possibility. This cautious approach is proper , but has led to a proliferation of redundant forms. -7- p RECOMMENDATION: IMPLEMENT FORMS MANAGEMENT STUDY. A forms management study should be made by Court personnel or a qualified outside consultant. The AJMC staff are working hard to adhere to record keeping requirements that may be more liberally interpreted by other jurisdic- tions. Citation processing should be studied in venues that process higher volumes to evaluate shortcuts which may have been developed. The study group should particu- larly evaluate the use of : • Preprinted forms with check-off boxes and line item headers. • Combination forms , such as Order Setting Hearing combined with Default Judgement. • Multipart forms, such as combined complaint and warrant. • Blanket warrant dismissals. 5. FINDING: JUROR PAY VOUCHERS ARE DUPLICATIVE. Juror pay vouchers are made out for each juror. RECOMMENDATION: COMBINE VOUCHERS WITH SIGN-IN SHEET . The pay voucher form could be combined with a single page sign-in sheet which jurors fill out on trial day with their name and address. -8- D. LONG-RANGE RECOMMENDATION Currently, each jurisdiction in Pinal County has a separate bail schedule. The various jurisdictions and DPS should develop a uniform, countywide bail schedule. The bail schedule should be graduated and the amount determined by the significance of prior convictions within the County. This change would require a computerized system to share "priors" data between jurisdictions. Ultimately this pilot project should be expanded through Motor Vehicle Division so that statewide priors are utilized in bail/fine calcula- tions and sentencing . .40 -9- - ATTACHMENT A - Kodak Starvue reader- renter I ;,, _ � are r. b�'ent- ,� e :f Nttac a11a not s . A self-threading, high-speed, ,c-, 0-, a a are anon j'- semiautomated roll microfilm reader �elcample nt , a ocnmend and reader-printer. peoific For Complete Control of Your Microfilm Operations The Kodak Starvue reader-printer helps Specifications: Accessories ',vide maximum productivity, reliability, Recordak access files are accessories age quality, and versatility for your Color Cabinet—universal gray that provide compact, convenient microfilm requirements Control panel—ash gray storage of 60 16 mm Kodak Ektamate magazines Rotation provides quick, Fast, "Drop-In" Paper Changes; Dimensions: Reader-Printer easy access Modular design allows Simple, High-Quality Print Making Height 20 in (50 8 cm) "add-on' storage capability File base The disposable paper cartridge makes it Width 35 in (88 9 cm) console has casters quick and easy to change a 450-foot roll Depth 19 in (48 3 cm) The Kodak Starvue reader-printer with of paper in daylight—in less than a minute Weight 125 lbs(56 7 kg) three-digit LED readout electronic Color-coded and numbered instructions Reader-Printer odometer enables the operator to scan within the reader-printer guide the new with Console film rapidly to within inches of the user There's easy access for clearing desired image jams from the paper path. Height 44/. in (112 5 cm) are available Eight lens Width 36 in (91 4 cm) 9magnifications Print quality is outstanding The Depth 34 in (86 4 cm) 16X 20X, 24X, 30X, 34X, 40X, 43X, wide-latitude photothermographic paper Weight 190 lbs(86 2 kg) 48X gives optimum print contrast from a wide The console accessory supports the range of images Kodak Ektamate 150 Electrical: 104-127 volts 60 Hz or reader-printer at a comfortable viewing paper reproduces critical color variations 113-127 volts, 50 Hz angle and provides work space in front easily, such as endorsements or signatures in color inks, without the operator's wasting paper with "test" copies The print is stable, won't fade, - has no curl Unused paper in the original container has a 12-month shelf life Return-on-Investment Analysis service organizations provide To aid in your evaluation of microfilm on-premises service and periodic reader-printer requirements Kodak will maintenance for sustained equipment =,7 � .w'`.i< : . h provide an accurate analysis of tangible performance � - Y;, j- r .-': and intangible costs for your review � ti ` Specialized considerthe computerfinancial programsimpactof help you Product Compatibility , .- Another advantage This is but one of a information retrieval Equipment selection family of style-compatible, esthetically f guidelines and equipment performance pleasing units—including Kodak Starvue `4yL programs will assist in your decisions reader Kodak Starvue reader-printer, and _. Acquisition Options Kodak Oracle retrieval terminal—to meet - your retrieval needs The commonality of Kodak offers a number of acquisition parts and supplies for the Kodak Starvue plans for the Kodak Starvue reader-printer and other Kodak business reader-printer Choose outright purchase, equipment permits maximum flexibility conditional• salea third-party lease with minimum inventory of accessories plan or and supplies For example, Kodak • Customer Installation Ektamate 150 paper can also be used in The Starvue reader-printer can be the Kodak Starfiche reader-printer, a unpacked and installed by the customer reader-printer for microfiche The equipment is lightweight simply plugs requirementh Similarly, se ven of the in Easy-to-understand instructions for lenses and the hood are common Want the reader without the printer? setup and operation are supplied Or, if Versatility in the Kodak Starvue Select the Kodak Starvue You you desire, Kodak Customer Equipment reader-printer control center helps you ain all the low, low cost advantages reader es in Services Division can be employed to get more out of your equipment As your g g provide installation on your premises applications expand or change, the retrieval, without a paper reference print reader-printer keeps pace with your Convenience productivity, application Service needs Ask your Kodak representative for flexibility, reliability, and high performance Performance people stand behind the more comprehensive information are all built into the Kodak Starvue reader Kodak Starvue reader-printer Kodak Kodak I" EASTMAN KODAK COMPANY/BUSINESS SYSTEMS MARKETS DIVISION/ROCHESTER, NEW YORK 14650 Kodak Canada Limited/Business Systems Markets Division/Toronto Ontario A-1868 Kodak Starfiche Ektamate Starvue Oracle and Recordak are trademarks 5:80"," - ATTACHMENT A Kodak Reduction Maximum Document Mario Target Ratio Document Size Produces image designator mark Starfile RV-5 1:30 12 6" x 16 3" ("blip") required for automatic ♦ 1 24 10,, x 11.7,, image count retrieval and com- puter assisted applications. microfilmer Power Requirements: Accessories 104 to 127 volts, 60Hz, 1 amp, AC or Kodak Starfile RV-3 microfilmer, a 113 to 127 volts, 50Hz, 1 amp, AC planetary-type 16mm manual Kodak Starfile CV-3 film unit UL listed, CSA approved. microfilmer using interchangeable (Catalog No. 147 3446) Meets electromagnetic inter- film units provides high-resolution, Interchangeable film unit use ference requirements (EMI) low-cost microfilming permits separate department infor- ..... mation by category. Kodak Starfile 30 lens Specifications 30Clens (Cat. No.) 147 3644, Image Processing Dimensions 30L* 147 3966, 30R* 147 3768) Kodak IMT-100 and IMT-150 micro- Height-40 4" (102.6 cm) Kodak Starfile 24 lens image terminals are compatible Width-29.6 (75.2 cm) 24C lens (Cat No) 147-3487, Depth-19 8" (50 2 cm) 24L* 147 3560, 24R* 147 3529) with the image mark ("blip")hthe Kodak Weight-45 lb (20.4 kg) capability available with Kodak Starfile dual film adapter Starfile RV-3 microfilmer Color Sandstone Beige, (Catalog No 145 7423) Charcoal Brown, This accessory adapts the Kodak and Orange. Starfile RV-3 microfilmer so that .q- Films: Recordak AHU® microfilm two film units can be used to pro ,, . �., ' . . , (100'-5 mil and vide duplicate rolls of film ,, 125'-4 mil) Simultaneous exposures are made /-.- -r, when the exposure button is Recordak Datapak AHU film v" � •• depressed * (215'-2 5 mil) ,t •,5 b,, aaim' Kodak Starfile VRC recording - , counter (Catalog No 102 3431) This accessory displays a number �4"`,,1 /. ,,. ; _ _ » t,- on the copyboard which will t 1, *,. �,,, ` _.� -' 'j''il: appear next to the document F image on the finished film It is a four-digit counter that can be preset to any number from 0 to 9999 Each exposure advances the counter by one, automatically e Kodak RV Footswitch Kit el,.ts b- e K-3585) tact'vall e Iv°ons e+ir" PAMELA L.FITE N', a a1 atj- Sales Representative 0 a, a ,: Business Imaging Systems trfile dual film adapter ore . 1es a�, t1e�' EASTMAN KODAK COMPANY rd'{S1'P LTA'' 'c ec° 3443 North Central Avenue 1. e x , �- yC -J - Suite 1312 ea eC, time Phoenix,Arizona 85012 5p Phoenix 602 264-0331 . Tucson 602 792-0739 '�' _ 'Kodak. Eastman Kodak Company Business Systems Markets Division/Rochester, New York 14650 Kodak Canada Ltd./Business Systems Markets Division/Toronto, Ontario, Canada KODAK, DATAPAK, RECORDAK, STARFILE, and AHU are trademarks A-1981 10K581 Printed in U S A ATTACHMENT B C+a The DTS Ter-r-rej Model 521 Ctistems F .. f a sta'I .... ) 526 4.c5 Sh U.v ,..7.v (602) 537 7126 Kingman 6C21 753 =51' • Of s axe, a' el* r.ba yA SERIES 500 y r � • s • Y •i ,✓stems 4 ,. r' sr _.&,'--i� a J. , �ai• s D-' "Ki• yr ^ ff o r , :/..9 x lr O C Fr••t ' , {y V tlett S Fw T.... `� } rt r:;_ F--: ' - t.�. '^.•- may yr- y • qq NOTE: Attachments are examples of available equipment , and are not specific recommendations. 1 The DTS Model 521— oaNit the most demanding retail require- can°^o make the checkout process Flexibility,by Design nts You decide the kind of item and eves .ster. As any experienced retailer knows, category movement data your business flexibility is the key to a continually requires—and the 521 delivers it, right Built-In Security successful business Good retail opera- from the register tions are prepared to respond to a wide It's hard to make money while you're p p You can choose sales classification range of changes in markets, products, losing it, so the 521's built-in security and business techniques It's the reporting for thousands of classes compulsions help protect your profits'. andible, responsive he reteerIt that are the SKU files that not only record unit sales, Cashier identification and tracking, salesfl and profit in every peg but also look up the price automate- 5-line check validation, account number ment o the io leaders cally—with the help of optional UPC verification, and an optional overtender wand readers and slot scanners that inhibit all help to keep your cash where When shopping around for a point-of- are compatible with any source- or it belongs—in the cash drawer. sale management reporting system, store-level price marking system smart retailers look for flexibility too Or an optional alphanumeric keyboard A negative itemizer limit reduces short- They need a system that can be tailored that makes it fast and easy to enter ages by requiring management authori- to meet the specific demands of their price codes and part, catalog, or zation of voids and returns Other business, not somebody else s The SKU numbers security features include non-resettable Data Systems 521 is totals, no-sale counts, and counts by Data Terminale be lust a Modelsys 521em This Data stored in the 521's electronic store department—for items, customers, date designed eosuchh register can and forward file can be polled trans- and time in customizediveelectronicto give exactly theaction by transaction—even when the bmanagement information you need, machine is recording a sale And, for With the 521, your data is secure, too. m me you need it. maximum cost-effectiveness in multi- Data validation and check digit verifi- register systems with large price look- cation ensure accurate data entry. And Remarkable? Yes—and just what you'd up/SKU files, the memory can be reserve batteries preserve totals during expect from the pioneer in applying centralized in one machine and short-term power failures In emer- microprocessor technology to the retail accessed through the 521's standard gencies, the totals are protected for world DTS Inter-Register Communications feature. three months, with 4 to 18 hour pro- tection for large files, depending on Your Choice of System Configuration Premium Customer Service size The versatile 521 is perfect for all kinds Successful retailers know that service and sizes of retail stores It can be extras build sales volume and develop You May Never Buy Another installed as a stand-alone unit, with all a loyal clientele The 521's cashier Register... files internally contained Or, in a display and optional remote display and because the 521 can grow with you, multiple-unit system, the 521 can use receipt and remote slip printers provide and with the advance of technology. Inter-Register Communications to detailed item, price and category With Series 500 upgradability, you can centralize all files in the memory of one descriptions. And you can use the purchase the 521 as a stand-alone machine. receipt's preamble and postamble lines register and later convert it to a POS Data collection is another area where to print your store's name and address system, or enhance it with peripherals the choice is yours Besides the or a seasonal message—or just to say to meet new sales techniques or standard in register memory, an "thank you." This kind of detailed demands. Memory can be expanded to optional cassette system is available for purchase information and courtesy is 512K bytes Completely programmable storing data and transferring it to an really appreciated by customers keyboards are available in 43, 64, or outside processing center And, with So is speeded up checkout The 521 128 keys, in both flat and alphanumeric persions Complete scanning capability the DTS ANS-R-TRANTM option, the 521 can automatically handle all standard can communicate directly with a host transactions, plus layaways, gift certifi- and UPits the addition of scanningOCR-A OCR-B, computer, over ordinary telephone lines cates, markdowns, partial payments, and UPC slot or wand and credit authorizations Options like The DTS Model 521—the truly flexible Improved Employee Performance a magnetic stripe reader (to scan credit answer to your business control needs The Model 521 improves your cashiers' cards) and an automatic coin dispenser today and tomorrow. speed and efficiency, because it does most of the tough jobs for them Like Hardware Features figuring tax, discounts, and markdowns, and verifying credit sales. Errors are Standard: Programmable Keyboard • 43 Programmable Keys • 20-Character Alphanu- reduced, too, because the 521's alpha- meric Display • 23-Character Matrix Receipt Printer, 13-Character Matrix Journal Printer numeric display can be programmed to •Inter-Register Communications • Cash Drawer (Remote) • Memory Protection • 5-Line prompt your employees—in language Validation • Error Beeper • Perpetual Time Clock • Auto Date Reset • AXZ/PVR Key- they understand—through each step of locks Optional. Alphanumeric Keyboard • 64/128 Programmable Keys • 20-Character a transaction or report procedure The Alphanumeric Pole Display, 48-Column Alphanumeric Printers • ANS-R-TRAN", CREDIT- machine won't let them make a mistake' TRAN" • Multiple Cash Drawers (Maximum = 4) • Memory Expandable to 2K CMOS 64K And talk about versatility—the 521 will Dynamic RAM • UPC or OCR-A/B Scanners • Magnetic Stripe Reader • Coin Dispenser •916 Intelligent Cassette • Series 700 Manager's Terminal actually help train your cashiers for you. A turn of the key puts the machine in a special training mode, which allows Operational Features unlimited hands-on practice without disturbing sales totals Standard: Open, Subdepartments, Presets • Shared PLU Files • Markdowns Returns, The 521 helps you monitor employee Discounts • Training/ReKey Modes • 26 Reports/Consolidation/Command Strings • Cus- performance, as well A real-time clock tomer File with Limits • Data Entry, Bank Functions • Electronic Store and Forward (ESF) and perpetual calendar let you know Software Capabilities (Require Programming): Alphanumeric Data Entry • Key Sequence when sales were made—and individual Control/Enforcement • Host Administrative Messages • Customized Reports • Credit cashier reports can tell you who made Authorization (Requires ANS-R-TRAN') • Central File Processing • Slip Printer Format- them Exact knowledge of sales volume ting/Line Count • Currency Conversion • Cashier Monitoring (Requires ANS-R-TRAN") at any given time is a great help with shift scheduling, too Data Customized Merchandising Reports Terminal Systems The 521's unique programmability 124 Acton Street Maynard, Mass 01754 044-6117-002 DS-002 means individual custom reports to Printed in U S A UP 8/82 Specifications subject to change without notice ROLL CALL VOTE SHEET NOTES ITEM II 1 MEETING r 3 OF � MOTION BY: r SECONDED BY: U501 Y NO ABSTAINED COMM MAN DAMIANO CfUNCILMAN H_1LL _ / COLINCIL A TAYLOR _COUNC II MAN __SHANKS J iii VI.CF MAYOR EIDSON .COUNCILMAN. STFFI SMITH MAYOR CLARKE UNAN 'IOUS , IN FAVOR OPPOSED ABSTAINED TOTAL • • , , _ - • , 7 Adolik \1/4 • , . _ • . . . - , . _ . _ - - • - - _ - . _ - _ • .... • . - • _ . . . . - . . _ . . - -' • . - . _ 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 . PQACHE O yn� � ' O U ` Z 112 - --lf.:.:*; gPizov\P ( • Oily at opipache 02unctian DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 25, 1984 .�, Approver for Agenda �f--J Dat- Item 4t First Heading 3 �,G `/ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCI Second Reau ng ni Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ I r Old Business ACTING PLANNING DIRECTOR New Business PREPARED B : JAMES A. NAKAGAWA, ASSOCIATE PLANNER -=Consent Agenda SUBJECT: REQUEST FOR AGENDA ITEM PZ-45-83 (PROPOSED ORDINANCE NO. 238) FEBRUARY 21 , 1984 - PUBLIC HEARING AND FIRST READING MARCH 6, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-45-83, Proposed Ordinance No. 238, is a request by the applicants Al Bellucci and Ken Ragan to rezone their property from GR General Rural to CB-2 General Business Zone. The site is a vacant 0.5 acre parcel located on the northwest corner of Broadway and Highway 60 in Section 21 . It is designated General Commercial Opportunity on the General Plan. Surrounding land uses include trailer sales, vacant land, and an air-conditioning service. ,... Other Information and Application Requirements Power of Attorney: N/A Date of Application: October 26, 1983 No signatures were needed because the Planning and Zoning Commission, on December 13, 1983, approved the applicants' request for a Commission Initiative. Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be consistent with the General Commercial Opportunity General Plan designation for the site. The DCC does recommend stipulating the dedication of the south fifty (50' ) feet of the subject property for public roadway and associated purposes. 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 1111 IOW The Honorable Mayor and City Council Request for Agenda Item PZ-45-83 (Proposed Ordinance No. 238) January 25, 1984 Page Two Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of January 24, 1984, after public hearing, voted to approve the following motion: .� (M/S Taylor/Vehon 6-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-45-83, also known as Proposed Ordinance No. 238, application of Al Bellucci and Ken Ragan for their property described as a matter of public record, requesting rezoning from GR General Rural to CB-2 General Business Zone, that the Commission recommends to the Apache Junction City Council the approval of said application. "Any stipulations or recommendation are: The applicant dedicate the south fifty (50' ) feet of the subject property for public roadway and associated purposes. "The reasons for the recommendation are: 1 . The request does comply with the General Plan for Apache Junction. 2. It is the best use of the property." Recommended Motion See attached. JAN:mas OIN Aft. ORDINANCE NO 238 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-45-83 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as That portion of the West 2 of the Southeast ; 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, be and hereby is amended by changing the zoning district classification from GR General Rural to CB-2 General Business Zone. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, - - are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY 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 /I 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.viI . Alexander City Attorney PZ-45-83 PROPOSED ORDINANCE NO. 238 PROPOSED REZONING FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS 1 111 SUBJECT SITE EAST FOURTH AVENUE alh I • '. C CD I -- I -- 1 I 1� ' I 2 ) .1I!N!�TMOIR - 24 I fTH/ it TH- . 01:7 4D mt. _ , k a 0 CB- fQ t t 16 � I I ._ i 2 6 ' . �/ 26 17 I 29 I w .S. I w e ti 1 1 U A� t i I U z ® N L__—_JL_.�—_., 3 _ 60.>O\ E. BROADWAY AVENUE _ 8 0 O o `\ VS) CB-2 302 co I CB-1 300 1- cITH AVENUE / ‘ PALM SPRINGS ``. ' .. /' 301 111/4 "/ x UNIT FIVE .. �` _ r F 1(1TH AVF ( � l ea. I InQCj CB1 O COUNTY ASSESSOR'S PARCEL NO. 101-20- El COUNTY ASSESSOR'S PARCEL NO, 102-03- N Cl) COUNTY ASSESSOR'S PARCEL NO. 101-22- SCALE. 1"=400' RECOMMENDED MOTION ORDINANCE NO 238 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-45-83 , application of Al Bellucci and Ken Ragan Amok ALSO KNOWN AS ORDINANCE NO. 238 , 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-45-83 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL The applicant dedicate the south fifty (50') feet of the subject property for public roadway and associated purposes. Amok 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 ) PQACHE 4 nt U O `,,,, Vitt' o f 04pache @9unction :: li;lz DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 25, 1984 Approver for Agenda AL/'^ Dat Item # First Reading 2 —.,t-�— MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL Second Resting "— ✓Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ ad Business ACTING PLANNING DIRECTOR j i_ New Business i PREPARED BY: JIM NAKAGAWA, ASSOCIATE PLANNER(=7 ✓Consent Agenda SUBJECT: REQUEST FOR AGENDA ITEM PZ-48-83 (PROPOSED ORDINANCE NO. 240) FEBRUARY 21 , 1984 - PUBLIC HEARING AND FIRST READING MARCH 6, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-48-83, Proposed Ordinance No. 240, is a request by the applicants Clyde and Elleanor Wyatt to rezone their property from GR General Rural to CB-2 General Business Zone. The site is a vacant 2.5 acre parcel located at the northeast corner of Highway 60 and Colt Road in Section 21 . It is designated General Commercial Opportun- ity on the General Plan. Surrounding land uses include mobile home sales, a trailer park, and vacant land. Other Information and Application Requirements Power of Attorney: Wyatt to Stachar Date of Application: November 14, 1983 No signatures needed because the Planning and Zoning Commission approved the applicant' s request for a Commission Initiative on December 13, 1983. Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be consistent with the General Commercial Opportunity General Plan designation for the site. The DCC does recommend stipulating the dedication of the west thirty-three (33' ) feet of the subject property for public roadway and associated purposes. 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-48-83 (Proposed Ordinance No. 240) January 25, 1984 Page Two Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of January 24, .•. 1984, after public hearing, voted to approve the following motion: (M/S Vehon/Rogers 6-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-48-83, also known as Proposed Ordinance No. 240, application of Clyde and Elleanor Wyatt for their property described as a matter of public record, requesting rezoning from GR General Rural to CB-2 General Business Zone, 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 thirty-three (33' ) feet of the subject property for public roadway and associated purposes. 2. The applicant be required to do off-site improvements such as sidewalks, curbs, and gutters due to the dogleg on South Colt Road. "The reasons for the recommendation are: 1 . The request is compatible with other CB-2 uses in the area. 2. The request is in compliance with the General Plan which allows property to be rezoned to Commercial in this area." Recommended Motion See attached. JAN:mas ORDINANCE NO 240 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-48-83 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, 'oak 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 of the South of the Northeast ; of the Southeast a 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; be and hereby is amended by changing the zoning district classification from GR General Rural to CB-2 General Business Zone SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY 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 1 p av -. Alexa'►STr City Attorney PZ-48-83 PROPOSED ORDINANCE NO, 240 PROPOSED REZONING FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS [ ill SUBJECT SITE EAST FOURTH AVENUE i 0 10 0 ® [ -ii----.- _ 1 ClifirM21111- - CD II TH . 46W . ilk 1 - ® 1 2' i k CB-��� I a G , ,„ O 11 C) 2 I I Gy60 N --- -JL- ---�z3 > E. BRO -WAY AVENUE = �o 69 CB-2 302 CB-1 ` 300 F (4TH AVFNIIF / / �\ PALM SPRINGS 7 ‘‘•N `. /. 301 UNIT FIVE t`3 �` F 1nTH AVF / ; 1 ® it 1 CR-3 ---1 P ALM SPRINGS I CB-1 j CR- FUNIT THREE 1� O COUNTY ASSESSOR'S PARCEL NO, 101-20- U COUNTY ASSESSOR'S PARCEL NO, 102-03- N Cl) COUNTY ASSESSOR'S PARCEL NO. 101-22- SCALE• 1"=400' Amak RECOMMENDED MOTION ORDINANCE NO 240 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-48-83 , application of Clyde and Elleanor Wyatt ALSO KNOWN AS ORDINANCE NO 240 , 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-48-83 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. 1 The applicant dedicate the west thirty-three (33') feet of the subject property for public roadway and associated purposes. 2 The applicant be required to do off-site improvements such as sidewalks, curbs, and gutters due to the dogleg on South Colt Road 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.) Amok AM\ CITY COUNCIL REGULAR MEETING FEBRUARY 21, 1984 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 21, 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 Steelsmith Councilman Taylor, Councilman Hill, Vice Mayor Eidson, Mayor Clarke Staff Present• City Manager Michael J McNulty City Clerk Kathleen Connelly Controller Keith Lewis Associate Planner Jim Nakagawa Planning/Drafting Technician Julie Reid Economic Development Specialist John Schoeph City Attorney David Alexander Deputy City Clerk Lori Clark Staff Absent• Director of Public Works r� � .•y Rich Broman Director of Public Safety Bill McDaniel • Others Present Mr. John Oertle 3743 E. Equestrian Trail Scottsdale, Arizona Mr. Richard J. Herbert 934 W. McDowell Phoenix, Arizona {" Mr. Roger Short 1256 S. Buena Vista Apache Junction, Arizona 85220 Ms Grace Vullenweider 1257 S. Buena Vista Apache Junction, Arizona 85220 Mr. Dennis Eardley 325 E. Southern Avenue Tempe, Arizona Mr. Jack Eardley 325 E Southern Avenue Tempe, Arizona Mr Joe Kurlin 424 S. Buena Vista Apache Junction, Arizona 85220 Mr Al Bellucci 2386 N. Valley Drive Apache Junction, Arizona 85220 Mr. Keith Stachar 28 N. Ironwood Apache Junction, Arizona 85220 Mr. Gary Nine 925 N. Plaza Drive Apache Junction, Arizona 85220 ham _ 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. Vice Mayor Eidson seconded the motion VOTE Unanimous The motion carried. 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. 237, PZ-44-83, ELSON, B• PROPOSED ORDINANCE NO 225, PZ-47-83, SEATON, AND C: ACCEPTANCE OF MINUTES FROM REGULAR COUNCIL MEETING OF FEBRUARY 7, 1984, BE ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE: Unanimous The motion carried. Introduction of Distinguished Guests and Visitors None. _ REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 1984 PAGE 2 AWARDS, PRESENTATIONS, AND COMMUNICATIONS None. CITY MANAGER'S REPORTS None • PUBLIC HEARINGS PROPOSED ORDINANCE NO. 232, PZ-43-83, OERTLE AND EARDLEY (First Reading Continued from 2/7/84)) Mayor Clarke opened the hearing to the public Planning/Drafting Technician Julie Reid, briefed the Council on the rezoning from CR-3 Single Residence to Trailer Homesite by Planned Development (TH/PD). Mr. John Oertle, 3743 E Equestrian Trail Scottsdale, a partner of the Superstition Sands Subdivision RV Resort devel- opment, outlined the proposed development plans, including the changes to allegedly resolve objections by surrounding homeowners, and stated that two of the property owners had removed their signatures from the protest _ petition Mr Richard J Herbert, 934 W. McDowell, Phoenix, owner of the parcel west of the development, addressed the Council in favor of the project Mr. Roger Short, 1256 S Buena Vista, Apache Junction, addressed the Council in opposition to the development, pointing out the additional traffic, bright yard lights, loss of view, and depreciation of property. Ms Grace Vullenweider, 1257 S. Buena Vista, Apache Junction, also spoke in opposition to the RV resort. Mr. Dennis Eardley, 325 E. Southern Avenue, Tempe, gave a rebuttal on several of the points of the opposition. Mr. Short returned the rebuttal with - additional points of opposition. Mr. Jack Eardley, 325 E Southern Avenue, Tempe, realtor, spoke in approval of the development. `>^ Mr Joe Kurlin, 424 S.Buena Vista, Apache Junction, expressed opposition to the project Planning/Drafting Technician Julie Reid, stated that the Development Coordinating Committee recommended approval of the plan, subject to additions and corrections as specified, and the Planning and Zoning Commission recommended denial by a 3 to 2 vote. Mayor Clarke closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 1984 PAGE 3 Mayor Clarke called upon the City Clerk to read Ordinance No. 232, by title only for the first reading. City Clerk Kathleen Connelly, read as follows. 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 /M\ 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 Mayor Clarke recessed the meeting at 8:03 p m Mayor Clarke reconvened the meeting at 8:17 p.m. PROPOSED ORDINANCE NO 238, PZ-45-83, BELLUCCI AND RAGAN (First Reading) ) Mayor Clarke opened the hearing to the public. Associate Planner Jim Nakagawa, briefed the Council on the rezoning from GR General Rural to CB-2 General Business Zone. Mr Al Bellucci, 2386 N. Valley, Apache Junction, an applicant for the rezoning, requested approval of the application. I Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the petition. There being no one wishing to address the Council, Mayor Clarke closed the hearing to the public. Mr. Nakagawa stated that the Development Coordinating Committee has no objection to the application, with dedication of right-of-way for roadway, and the Planning and Zoning Commission recom- mend approval. Mayor Clarke called upon the City Clerk to read Ordinance No 238, by title only for the first reading. City Clerk Kathleen Connelly read as follows. ORDINANCE NO 238, AN ORDINANCE OF THE =*r 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-45-83 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES PROPOSED ORDINANCE NO. 240, PZ-48-83, WYATT (First Reading)) Mayor Clarke opened the hearing to the public REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 1984 PAGE 4 ow. Mr. Nakagawa briefed the Council on the rezoning from GR General Rural to CB-2 General Business Zone, which is located at the northeast corner of Highway 60 and Colt Road in Section 21. Mr Keith Stachar, representing the property owner, requested approval of the rezoning application. �"► Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council, Mayor Clarke closed hearing to the public. Mr. Nakagawa stated that the Development Coordinating Committee and the Planning and Zoning Commission recommend approval of the rezoning. Mayor Clarke requested that a report be given at the second reading on the improvement of Colt Road, as this is a stipulation of the rezoning. Mayor Clarke called upon the City Clerk to read Ordinance No. 240, by title only for the first reading City Clerk Kathleen Connelly, read as follows ORDINANCE NO. 240, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-48-83 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. PROPOSED RESOLUTION NO 83-66, AB-83-21 Ms Reid briefed the Council on the proposed development, which is the purpose for the abandonment of 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, and West Roundup Street from North Plaza Drive to 165 feet east of — North Apache Drive Vice Mayor Edison stated that this aban- donment should be approved with a reverter clause included, should the development not go through Mayor Clarke asked if the abandonment could be approved at the same time as the rezoning for the development. , 4,;(0f r_ City Manager Mike McNulty confirmed this, adding that before the development could be planned, it would be necessary for the developer to know the status on the streets in question. Mr. Gary Nine, 925 N. Plaza Drive, addressed the Council briefly outlining the proposed development, explaining the benefits of these abandonments to the project Vice Mayor Eidson requested an opinion from the City Attorney regarding a reverter clause. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 1984 PAGE 5 City Attorney David Alexander stated that a reverter clause would be appropriate, with the abandonments to not take effect should the property not be utilized as the proposed development. He recommended that a period of time be stipulated Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO 83-66, A RESOLUTION OF THE MAYOR AND CITY /ok, 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 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 EXTING- UISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THIS RESOLUTION SHALL BE ADOPTED WITH THE STIPULATION THAT IF THE LAND IS NOT UTILIZED FOR THE PROPOSED PROJECT WITHIN ANY TWO YEAR PERIOD THE ROADWAY ABANDONMENTS AS SPECIFIED HEREIN SHALL REVERT TO THEIR ORIGINAL USE Councilman Hill seconded the motion VOTE Unanimous The motion carried. NEW BUSINESS None WORK SESSION MARCH 5, 1984 EXECUTIVE SESSION, WORK SESSION MARCH 6, 1984 Councilman Steelsmith 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 MARCH 5, 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 MARCH 6, 1984, AT 6:00 P.M., IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion VOTE Unanimous w, P�a The motion carried. CALL TO THE PUBLIC None. _ r3 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 1984 PAGE 6 INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Steelsmith announced that Southwest Regional Oldtime Fiddlers Championship will take place on February 25 and 26, 1984, and is a benefit for the school's special olympics fitness track and the Prospector Park for the City Mayor Clarke reported on the tour of the libraries in the County. ADJOURNMENT Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 8:57 P M Councilman Hill seconded the motion. VOTE: Unanimous The motion carried ACCEPTED THIS DAY OF , 1984, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA # .� 2ti Wendell J. Clarke Mayor ATTEST: r°xfs Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21, 1984 PAGE 7 .�► ... ROLL CALL VOTE SHEET NOTES 5(ITEf1 # )1--- \?i MEETING OF C; POTION BY: SECONDED BY: (*Ik-' Y NO i ABSTAINED COUNCILMAN STEELSMITN COUNCILMAN SHANKS / COUNCILMAN HILL VJ COUNCILMAN TAYLOR v COUNCILMAN DAMIANO VICE MAYOR EIDSON , MAYOR CLARKE V UNAN MOUS , IN FAVOR OPPOSED ABSTAINED TOTAL a cv..w., ITEM NO . 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED . BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A : PROPOSED ORDINANCE NO . 238 , PZ-45-83 , APPLICATION BY BELLUCCl/RAGAN TO REZONE 0 . 5 ACRE PARCEL , LOCATED AT NORTHWEST CORNER OF BROADWAY AND HIGHWAY 60 IN SECTION 21 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE , TO INCLUDE THAT THE APPLICANT DEDICATE THE SOUTH FIFTY (50 ' ) FEET OF THE SUBJECT PROPERTY FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES , B : PROPOSED ORDINANCE NO . 240 , PZ-48-83 , APPLICATION BY CLYDE AND ELLEANOR WYATT TO REZONE 2 . 5 ACRE PARCEL , LOCATED AT NORTHEAST CORNER OF HIGHWAY 60 AND COLT ROAD IN SECTION 21 FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE , TO INCLUDE ( 1 ) THE APPLICANT DEDICATE THE WEST THIRTY-THREE ( 33 ' ) FEET OF THE SUBJECT PROPERTY FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES . ( 2 ) THE APPLICANT BE REQUIRED TO DO OFF-SITE IMPROVEMENTS SUCH AS SIDEWALKS , CURBS , AND GUTTERS DUE TO THE DOGLEG ON SOUTH COLT ROAD , AND C : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF FEBRUARY 21 , 1984 , BE AND HEREBY ARE ACCEPTED AS PRESENTED . PUBLIC HEARING 1, THIS IS A PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 265 AMENDING ORDINANCE NOS . 188 , 199 , 225 , 226 , 230 and 237 2, THIS AGENDA ITEM HAS BEEN BROUGHT TO OUR ATTENTION BY THE CITY ATTORNEY 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 , O , n U V, _ 's'z '1P IZoNP______2 cO.it y o Apache unction February 27, 1984 MEMORANDUM TO: HONORABLE MAYOR MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER _ i FROM: CITY CLERK SUBJECT: PROPOSED ORDINANCE NO. 265 - AMENDING ORDINANCES NOS. 188, 199, 225, 226, 230 AND 237 In recent weeks, the City Council has adopted several rezoning ordinances by consent agenda action. In doing so, any special stipulations recommended by the Planning and Zoning Commission were not outlined as a part of the motion nor were they actually contained in the ordinance. In discussing this with the City Attorney and City Manager, it was decided that an ordinance amending all of these rezonings by adding the special stipulations would resolve the problem. Proposed Ordinance No. 265 makes these recommended changes. In the future, any special stipulations regarding items such as the dedication of right-of-way will be written into the ordinance at the Planning Department level following the Planning and Zoning Commission meeting so that the Council will have a finalized version of the ordinance for consideration. This ordinance has been written with the emergency clause since all of the ordinances being amended have already been adopted by the Council and, in some cases, are already in effect. !/ Approver for Agenda .4/-e--'' aDa e Item # kmc First Poadi^3 `7 Public '-,wring Old Business New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 ORDINANCE NO 265 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF i1 APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING ORDINANCES NUMBERED 188, 199, 225, 226, 230 AND 237; 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 the Apache Junction, Arizona, Zoning Ordinance be amended by amending Ordinances Numbered 188, 199, 225, 226, 230 and 237 to include the following stipulations. ORDINANCE NO. 188: The applicant shall quit claim to the City of Apache Junction, Arizona, the west and east thirty-three (33') feet and the north forty (40') feet of the subject property for public roadway and associated purposes. ORDINANCE NO 199 The applicant shall 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. ORDINANCE NO. 225: The applicant shall dedicate the south thirty-three (33') feet and the east thirty-three (33') feet of the subject property for public roadway and associated purposes. ORDINANCE NO 226 The applicant shall dedicate the north seventeen (17') feet of the subject property for public roadway and associated purposes. ORDINANCE NO 230 The applicant shall dedicate the west ,00%. thirty-three (33'), the south thirty-three (33') feet, and the east thirty-three (33') feet of the subject property for public roadway and associated purposes ORDINANCE NO. 237• The applicant shall dedicate the west 2.5 feet of the subject property for public roadway and associated purposes. 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, 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 EMERGENCY CLAUSE It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is declared to exist and this ordinance shall become effective upon its passage and adoption. Ordinance No 265 A•. , 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 =r - -_- DA F AL City Attorn l Ordinance No 265 Page Two of Two J PQ ACHE✓G O� % 2 - ,>r;� Z _ , 'Id/ZO 4N c .thy 4 (94pache 09unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT "� November 1, 1983 Approver tar Agenda 1-� ? , First Readingf y J 3 117 Second Reading I/'/v MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL -1G-Public Hoanng/l7 sS/ c,2c, Old Business THROUGH: BILL MCDANIEL , ACTING CITY MANAGER(,ke New Business FROM: 4 JOE GERO, DIRECTOR OF PLANNING �CConsent Agenda SUBJECT: REQUEST FOR AGENDA ITEM PZ-15-83 (PROPOSED ORDINANCE NO. 188) DECEMBER 6, 1983 - PUBLIC HEARING AND FIRST READING DECEMBER 20, 1983 - SECOND READING AND CONSIDERATION General Information Proposed Ordinance No. 188 Rezoning Case No. PZ-15-83 Rezoning Request: GR General Rural to Trailer Homesite Zone (TH) Applicant: Ted Leigh Power of Attorney: Saldana to Leigh '''..! ) Date of Application: March 1 , 1983 Date of Advertisement: March 27, 1983, May 22, 1983 and November 19, 1983 Planning and Zoning Commission Meeting Date: April 12, 1983 and May 10, 1983 Area: Net 74,250 square feet = 1.70 acres General Plan: Medium/High Density Opportunity Area Background At the June 21 , 1983, City Council meeting this case was tabled. At the July 5, 1983 meeting the tabled item was not taken from the table and acted upon thereby killing consideration. In addition, as stated 1n his letter, he has been informed by Farmer's Home Administration that they will not release the area for quit-claim need- ed for public right-of-way. He is asking that his portion of the rezoning application be dropped from consideration to allow the adjacent owner to proceed. The ordinance has been amended as per his request. In that this is a reduction in area of the original application, this need not be re- turned for this reason to the Planning and Zoning Commission. 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 THE hONORABLE MI ]4ND CITY COUNCIL REQUEST FOR AGENU ITEM - PZ-15-83 NOVEMBER 1 , 1983 PAGE TWO Application Requirements Number of Property Owners 16 Number of Exempt Properties 1 Number of Affected Owners 15 Number of Signatures 11 or 68.8% Signatures by Affected Area 66.8% Development Coordinating Committee Comments (DCC) No objection to the rezoning noting that the area is in a medium density/ high density opportunity area. Applicant is requested to dedicate rights-of-way in accordance with the City's street plan. Planning and Zoning Commission Recommendation After public hearing , the Commission at their May 10, 1983, meeting voted 7-0-1 (M/S Polomskey/Taylor) to approve the following motion: "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona , that in rezoning case PZ-15-83, also known as Proposed Ordinance No. 188, application of Ted Leigh for his property described as, a matter of public record, requesting rezoning from GR General Rural to Trailer Homesite Zone (TH) that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: 1. Applicant quit-claim to the City of Apache Junction the west and east thirty-three (33' ) feet and the north forty (40') feet of the subject property for public right-of-way and associated purposes. The reasons for the recommendation are: 1. The request complies with the 'Apache Junction, Arizona , General Plan. ' 2. The request is compatible with surrounding uses." Recommended Motion See Attached JWG:jl ^, ORDINANCE NO. 188 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-15-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR 22' SEVERABILITY, AND PROVIDING PENALTIES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, -- ARIZONA THAT. SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning -. • - • Map for the parcel of land described as The North z of the North 1 of the Northeast 1 of the Northwest of the Southwest ; of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona; EXCEPT the west 330' feet thereof, be and hereby is amended by changing the zoning district classification from GR General Rural to Trailer Homesite Zone (TH). SECTION II REPEALING ANY CONFLICTING PROVISIONS - All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or portion of this Ordinance, or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the C 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 17TH DAY OF JANUARY lg 84 • •`� of ?_ =ys Wende 1 J Cla1ke Mayor ATTEST • Kathleen Conne rly City Clerk APPROVED AS TO FORM. • a F Alexande City Attorney • PZ-15-83 PROPOSED ORDINANCE NO, 188 REQUESTED REZONING FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) r. C i it 1 I t I I ii I 1 GR I TE/PD fi t 1 I II I ----------- I it I I r-- ip CI TH ti i GR f f ,1 I t MI I It I _ - 1 11 1 11 1 II i GR II I --------- 11 I J r _____� _ W, TEPEE STREET ir 1 1 1 1 I 1 --1 ------ I 1 r--- 1 , I j I 1 t a C GR I i 1 I GR wI I i > CC i __-_-_ ---_- W, SHIPROCK STREET ,eP I GR I >I --� �, I i �I _ 3, Q 1 CO z1 I GR }1 o1 I I wI = � 1 _i ri, ..,-,,�.ny.t ;t�- ?---,= .A 1 Q I I 7 CR zi z 1 I 1 ' I I - -- • - W, ROUNDUP STREET - I LIMITS OF ZONING N SUBJECT SITE • SCALE: 1" = 300' ,' \ ". • PZ-15-83 PROPOSED ORDINANCE NO, 188 _:.4,4' x REQUESTED REZONING FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) isolN 4110 I I i I I 1 1 I y -----� I 1 GR 1 • I TF/PD I I I I I. I I - -�7 - 4 . ---I r_ -- I M1. T C RFF iimp- i TH I GR I 1 1 E. 1 1 I I __ I I II I I I GR 1 I 1 1 I 1 — ...1 ..,. W, TEPEE STREET 1 , , , .. , . .. _... . , , , ,..., ., . I r II ' GR 1 ` 1 t y I GR 1 I I. i `e M I 1 W. 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C---- _ . ._. _ .1 if 0 .• . .... • -I' ... i .. -_ - ....---...- i .. -.--. _ •t, .... -- ) . , _ A - ,- .. - ....--...... ..--..--.........--.---... ...... ......-...... ..... .......-...-.- 1 _ ._..._ -1 .. . _ - . _ . --.- . 1 -_-- t P _. - 7 - --- . ----- PyACHF✓G . O - '- ,..r ' : 'Oily at c paci4e 2unctian '9,piZOe DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 ' "'1 Approver for Agenda • pate Item it First Reading 1 �Q S Second Reading MEMORANDUM�O: THE HONORABLE MAYOR AND CITY COUNCIL ✓public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER Old Business New Business FROM: JOE GERO, DIRECTOR OF PLANNING ✓Consent Agenda PREPARED BY JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-21-83 (PROPOSED ORDINANCE NO. 199) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-21-83 (Proposed Ordinance No. 199) is a request by the applicants Central Properties to rezone their property from GR General Rural to Trailer Homesite by Planned Development (TH/PD) . The applicant is proposing a 244-lot travel trailer resort. The site is a vacant 20-acre parcel located on the AIsouth side of West Southern Avenue between South Idaho and South Winchester Roads in Section 33. It is designated Medium Density and High Density on the General Plan. Surrounding land uses include vacant land, mobile homes, and multiple residences. This property is currently in the unincorporated area of Pinal County and is being considered for annexation in case no. AN-2-83. Other Information and Application Requirements Power of Attorney: Seely, Dokouzian, Ruppert to Seely Date of Application: May 6, 1983 Date Application Determined Complete: November 17, 1983 Date of Advertisement: November 26, 1983 Planning and Zoning Commission Meeting Date: December 13, 1983 Number of Property Owners 13 Number of Exempt Properties 4 Number of Affected Owners 9 Number of Signatures 5=56% Signatures by Affected Area 70% 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 • 44, ".") The Honorable Mayor and City Council Request for Agenda Item PZ-21-83 (Proposed Ordinance No. 199) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be41r consistent with the Medium Density and High Density General Plan designation for the site. The companion preliminary plat (SD-12-83) will be considered by the Subdivision Committee if both the annexation and the Planned Development is approved. If a decision is made to recommend approval of the proposal , the Commission must find that this Planned Development complies with all six criteria as set forth in Section 33.09 of the Zoning Ordinance. Final plat approval will be required prior to final PD approval in order for the City to obtain dedicated roadways. The DCC does recommend stipulating annexation of the property to the City and that the requirements of the City Engineer and Building Official be satisfied prior to final PD approval . Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Taylor/Rogers 5-1-1 . ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-21-83, also know as Proposed Ordinance No. 199, application of Central Properties for their property described as, a matter of public record, requesing rezoning from GR General Rural to Trailer Homesite by Planned Development (TH/PD) , that the Commission 4:7 recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: 1 . The applicant dedicate the west fifty (50' ) feet, the north fifty (50' ) feet and the east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. 2. The rezoning be contingent upon approval of the annexation requested in case AN-2-83." The reasons for the recommendation are: 1 . The request does comply with all six criteria of Section 33.09 of the Zoning Ordinance. 2. The approval would not set a precedent since the current Planned Development Ordinance allows for fifteen percent (15%) incentive density increases. '11) ,0".1 ( . ORDINANCE NO 199 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING _�.. - ;- :41 PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. ""\it - BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, • ,1 ARIZONA, THAT SECTION I IN GENERAL 1. The zoning district classification on the Apache Junction, Arizona, - Zoning Map for the parcel of land described as: '' The North i of the Northwest S of the Northwest < of Section 33, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, with a metes and bounds description of the above-described parcel as follows �7 - Beginning at the Northwest corner of Section 33, Township 1 x __ t North, Range 8 East, Gila and Salt River Base and Meridian, thence North 89° 59' 7" East, a distance of 1321 65 feet, - �:" �r - along the North line of said Section 33 to the Northeast corner of the Northwest 1 of the Northwest ; of said Section 33, thence South 00° 04' 40" East, a distance of 659 50 feet to a point on the West line of the Northwest i of the Northwest $ of said Section 33, thence South 89° 59' 07" West, a distance of 1321 65 feet to a point on the West line of said Section 33, thence North 00° 04' 40" West along the West line of said • '� = Section 33, a distance of 659 50 feet to the point of ; beginning. w� YJ µ ▪ - I neral Rural to TH/PD Trailer Homesite by Planned Development. be and hereby is amended by changing the zoning district classification from GR Ge 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 :a •• executed as part of this application, the "Agreement for Maintenance of Landscaping Within City Rights-of-Way." ''"' "x T s 3. Applicant shall install, at his expense, fire hydrants as per approved f �: ▪ r plans of the Apache Junction Fire District for this Planned Development. • 's " 4. Applicant shall install, at his expense, off-site street improvements -""'' r" "-'"z` '"" "7 as set forth on the Planned Development plans in compliance with design details approved by the Director of Public Works. SECTION II REPEALING ANY CONFLICTING PROVISIONS - All ordinances and parts of ordinances in conflict with the provisions ••- of this Ordinance, or any part of the code adopted herein by reference, • are hereby repealed - SECTION III PROVIDING FOR SEVERABILITY _ If any section, sub-section, sentence, phrase, clause, or portion of this = - _ Ordinance, or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions thereof. A) ORDINANCE NO 199 PAGE TWO SECTION IV PENALTY CLAUSE _ Any Illr' 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. v. Y _ Kathleen Connelly ,w. ..=.c City Clerk APPROVED AS TO FORM- I (\tlti ��•' twu—ice avid F Alexander City Attorney /j r 4 — C a y E- 'i :fin: _ - Z._: / 0• _ 1 1,1 e PZ-21-83 C (Proposed Ordinance No 199) 410 A i _ ili Al x1. t. ! �' :? rfv Superstition Palm Springs Unit 11 Villa ® , c� 2 �, I I�c I I I 1TR1 ��� . ! 1 ( �� 'i 11 I I I 1 1 1 l l I 1 1 y ' 6 I11 ( I II [1 [ I I1II1 ,_ -•�- _„_ ,., ,s uR I l l l l l l l l l l l l [ I 1 Y - 0 ,� I I I I I III 1 l l l l l l l H. Southern ve City gou n.l1LL11LLLL E CP- Cit�n '2 " 3 a 11111 *i,:_z,,.....„: „. ,.._. ._,...,_ . ,..__ ___:__._ . 1 � 5 u J 5 el, 4 = ; _;. :zrr T 11111 I I Minil • • 1 ...:•-•; �.--, ,i• _?, �,,,�vr%ems s� —s+t c-). a-:•e-z asw.s.. OIndicates Tax Parcel No• 102-21- OIndicates Tax Parcel No 102-05- q ¢00 Feet Q • 7� Indicates Area Proposed for Requested Rezoning from GR General Rural to TH/PD Trailer Homesite by Planned Development. .111, "61) RECOMMENDED MOTION ORDINANCE NO. 199 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-21-83 , application of Central Properties ALSO KNOWN AS ORDINANCE NO 199 C AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-21-83 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED. THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. 1. The applicant dedicate the west fifty (50') feet, the north fifty (50') feet and the east thirty-three (33') feet of the subject property for public roadway and associated purposes. x' 2. The rezoning be contingent upon approval of the annexation requested in case AN-2-83. C ��`� t .V• r; ? BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: OPTIONAL CHOICES - s + 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 ,T. 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.) P?ACHE 4 O 2 s n� "R/zoNA `DZ1f o7 9pachie unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 16, 1984 - (7 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ ACTING PLANNING DIRECTOR \ b(. PREPARED BY: yJAMES 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 Number of Affected Owners 4 Approver for Agenda Number of Signatures 2.5=62.5% pate', Item # Signatures by Affected Area 75% First Reading 'I7J,`S�f Second Reading— al I S" ✓ 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) Comments The DCC had no objections to the rezoning noting that it would be consistent with the Medium/High Density Opportunity General Plan designation for the site. The DCC does recommend stipulating the ,— dedication of the 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., • 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, Amft,1:7 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 z of the Southeast 1 of the Northwest a of the Southwest 1 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. R, 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 I 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 fi 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: Viwki D vi F Alexande J City Attorney / .- �� PZ-47-83 PROPOSED ORDINANCE NO, 225 PROPOSED REZONING FROM GR GENERAL RURAL TO TH-TRAILER HOMESITE (- °- ' - W, TEPEE ST, I I T H i [Ii 1 I 1f z L 1 1 TH 1 iu•u ; _ 3 Q .I ' l w u Q Z ■■■,. liii z :o ► � r-- • —z---- -----r 1 1 1 1 b__i 1 TH I"-'-------- ------I-----� I 11111 _1 D ST. • . MI TH r I 1 . w I 1 TH I I I W, SUPERSTITION BLVD, — SUBJECT SITE N SCALE. 1"=400' -i - LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) il I--—I AQACNF✓G. O U , ,wiz -:__- q�,�ZONp, D'itey o7, C94;pache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 — • MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: 5xi-MICHAEL J. McNULTY, CITY MANAGER FROM: JOE GERO, DIRECTOR OF PLANNING PREPARED BY: , ' JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-39-83 (PROPOSED ORDINANCE NO. 226) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case PZ-39-83 (Proposed Ordinance No. 226) is a request by applicants Curtis and Lila Ross, and Lewis Weatherby to rezone their property from GR General Rural to CB-1 Local Business. The site is a developed 20,-160 square foot parcel located on the south side of West Superstition Boulevard between North Saguaro and AINorth Ironwood Drives in Section 19. It is designated Local Commercial Opportunity on the General Plan. Surrounding land uses include a mini-storage operation to the north, vacant land to the west, and a mobile home to the east. Other Information and Application Requirements Power of Attorney: Ross and Weatherby to Sullivan Date of Application: November 9, 1983 The Commission on November 8, 1983, authorized a Commission Initiative for this request, therefore, no signatures were required. / Approver for Agenda f— /e- ae/ / Item # First Reading r 7 Secondon Reading ___ G .1 Public Hearing Old Business New Business ZGonsent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-39-83 (Proposed Ordinance No. 226) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be 117 consistent with the Local Commercial Opportunity General Plan designation for the site. The DCC does recommend stipulating the dedication of the north seventeen (17' ) feet of the subject property for public roadway and associated purposes. Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Polomskey/Rogers 6-1-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-39-83, also known as Proposed Ordinance No. 226, application of Curtis and Lila Ross, and Lewis Weatherby for their property described as, a matter of public record, requesting rezoning from GR General Rural to CB-1 Local Business Zone, that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: The applicant dedicate the north seventeen (17' ) feet of the subject property for public roadway and associated purposes. The reasons for the recommendation are: The request conforms to the General Plan designation of local commercial ." Recommended Motion See attached. JWG:JAN:mas Amok Ank. r i ORDINANCE NO 226 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING _-I ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-83 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT: SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as The East 120 feet of Lot 29, Block 3, Newtown Subdivision, Section 19, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from GR General Rural to CB-1 Local Business Zone. SECTION II REPEALING ANY CONFLICTING PROVISIONS r. 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 MgrOrdinance, 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 - f 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 17TH DAY OF JANUARY , 19 84 ,M CS g:ZGle,‘(1,9" Wendell J Ce Mayor t ATTEST Kathleen Connelly - City Clerk APPROVED AS TO FORM • Davi F Alexande i City Attorney / • PZ-39-83 • PROPOSED ORDINANCE NO. 226 PROPOSED REZONING FROM GENERAL RURAL (GR) TO LOCAL COMMERCIAL (CB-1) r► W. GREASEWOOD ST. 30 2 9 TH ._ GR ce 35 z z GR • _ W, SUPERSTITION BLVD. c - - - - .-. . .,. G _..,.. . , . _..... . . .._. „ „ . . .. _ .. . . cc c 0 0 0.. . .. . ......, / 3 I 1 i 82 .. .. , ,,.... .._..._ ,:. ..-,.--.. .._... I 1 1 1 •• 1 ® — { I I z /// 18 I 55.. GR 0 i 0 C8) 81 �► 1 (x1 f 89 GR 17 GR ca0 ® 1 - 80 ( w I c(IcII n 90 16 iLII0 51 a 79 � � Io1 D r.-4::!;y s£,,( 7c'.nc%-;�,, ..40,i - -. 15 a �� L g 91 7g u- -----a zi......—_...----+ ll— .r . O - COUNTY ASSESSOR'S PARCEL NO. 101-02- �r O - COUNTY ASSESSOR'S PARCEL NO, 100-35 - �: : N SCALE - 1" = 200' • - SUBJECT SITE ;---1 - LIMITS OF ZONING ��. _ 1 -J ( 7CH?)JG ti A U � • � O "4/zoNN Vitt' ot C4a1cie 09unctian DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT December 14, 1983 41. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: I MICHAEL J. McNULTY, CITY MANAGER FROM: 3 JOE GERO, DIRECTOR OF PLANNING PREPARED B Y JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-41-83 (PROPOSED ORDINANCE NO. 230) JANUARY 3, 1984 - PUBLIC HEARING AND FIRST READING JANUARY 17, 1984 - SECOND READING AND CONSIDERATION Project Description -. Rezoning case PZ-41-83 (Proposed Ordinance No. 230) is a request by the applicant Jerry Burgess to rezone his property from GR General Rural to Trailer Homesite Zone (TH) . The site is a vacant 1 .25 acre parcel located on the north side of East 13th Avenue between South Solana Road and South Starr Road in Section 27. It is designated Medium/High Density Opportunity on the General Plan. Surrounding land uses include mobile homes and vacant land. Other Information and Application Requirements Power of Attorney: N/A Date of Application: October 11 , 1983 Date Application Determined Complete: November 17, 1983 Date of Advertisement: November 26, 1983 Planning and Zoning Commission Meeting Date: December 13, 1983 Number of Property Owners 16 Number of Exempt Properties 0 Approver for Agenda .jeY Number of Affected Owners 16 Number of Signatures 8.5=53.1% 1 a ee Item I Signatures by Affected Area 55.4% Fist Reading 9 Sacond Reading 7 Fr . _ Public Hearing — Old Business New Business ✓Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 (7411) The Honorable Mayor and City Council Request for Agenda Item PZ-41-83 (Proposed Ordinance No. 230) December 14, 1983 Page Two Development Coordinating Committee (DCC) Comments The DCC had no ob3ections to the rezoning noting that it would be consistent with the Medium/High Density Opportunity General Plan 41C7 designation for the site. The DCC does recommend stipulating the dedication of the west thirty-three (33' ) feet, the south thirty- three (33' ) feet, and the east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. Planning and Zoning Commission Recommendation The Planning and Zoning Commission, at their regular meeting of December 13, 1983, after public hearing, voted to approve the following motion: (M/S Taylor/Sansoni 7-0-0. ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-41-83, also known as Proposed Ordinance No. 230, application of Jerry Burgess for his property described as, a matter of public record, requesting rezoning from GR General Rural to Trailer Homesite Zone (TH), that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: The applicant dedicate the west thirty-three (33' ) feet, the south thirty-three (33' ) feet, and the east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. The reasons for the recommendation are: 419,°,7 1 . This request complies with the Apache Junction, Arizona General Plan. 2. The request is compatible with surrounding uses." Recommended Motion See attached. JWG:JAN:mas c /116. • ORDINANCE NO 230 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-41-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ofol, - _ ARIZONA THAT iSECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning - -- - Map for the parcel of land described as. The South z of the Northeast 1 of the Northeast 1 of the Southwest 1 of the Northeast 1 of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from GR General Rural to Trailer Homesite Zone (TH) SECTION II REPEALING ANY CONFLICTING PROVISIONS - All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, . - are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or portion of this Ordinance, or any part of the code adopted herein by reference is, for - any reason, held to be invalid or unconstitutional by the decision of any - court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PENALTY CLAUSE - Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000 00 or imprisonment for - - a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE •_. 1, s.: JUNCTION, ARIZONA, THIS 17TH DAY OF JANUARY , lg 84 Wendell J Clae Mayor ATTEST fa,e,(Z4,14. Kat leen Connelly !_ ti Y City Clerk APPROVED AS TO FORM David F Alexander City Attorney / • PZ-41-83 .-,.. , -' (PROPOSED ORDINANCE NO. 230) PROPOSED REZONE FROM GR GENERAL RURAL TO TRAILER '= HOMESITE ZONE (TH) ALL LOTS SHOWN HAVE GR-GENERAL RURAL ZONING . ....: ...,....:_ .._.__.. . .... . . .._ __ 6) 23 it 2A © 20 ......._.___. ,_ .... _ . .. . .._,....... - - C) EAST 11TH AVENUE 26 • 096 30A 0 EAST 12TH AVENUE G R 42 40A 396 36 • 39 • ¢ _ 40B Q 70 0 38 2 c occ Q = o i w aAST 13TH AVENUE 46 ¢ 0 48B 48D cc N 49A Q �.,.� = 8C = _ 0 o Ncn ® 48A ....,...„....................,................:.,,„..,,•_,•....,.,.,:,._.........T„,...:-.:.`,.;,---4,-;...,--,:"-.-.'.i•;•;._. i.c.l.. EAST 14TH AVENUE ;,J Tasa •'fi..H+t fah,,461 ' ...... 4,,, .,, 1 59 i , 58 57 .� 55 yr i i 1 i . .... .... .. .., . .. . . . . ... • • .... . .. .. . .. O.. TAX ASSESSOR'S PARCEL NUMBER 103-18- r SUBJECT SITE = N 1---, PREVIOUSLY ABANDONED ROADWAY • SCALE• 1'. = 200' k P`ACHF✓G O ! 2 n...k O U � 1r - . -_ Z .idi gRiZONP SDity o 0479ache 09unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 11 , 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCI,Li THROUGH: MICHAEL J. McNULTY, CITY MANAGER!,MI / / ACTING PLANNING DIRECTOR PREPARED BY:) Y: kvJIM 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 Number of Exempt Properties 18 Approver for Agenda Number of Affected Owners 0 Date Item 2 7 `S Number of Signatures N/A First Reading 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 4 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 "1" 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: (MIS 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. ts•I' The reasons for the recommendation are: 1. It is in compliance with the General Plan." Recommended Motion See attached. JAN:mas 4 4Mk Aft f rn • 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 ^Ir7 ' _ 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 of Lot 4 and the West f 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. SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or portion of this Ordinance, or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 x 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 CP-4 39 ; 00 • • . ,.. ., ... .., , . . i ., - - - BC-----37 Ol 70 . , .. .....___ ........ .. ,• _ . i. ., ,,_.. , . ._ I_--s._- _- 0111, TH t 0 36 35 69A CR-5 1 113 112 pg re---©1 - 69 '`= 114 111 + s 115 110 109E 32 31 68 CLARENCE LAN O30 67 28 i 0 3A ® 26 66 65 2 22 25 W 08 62 !O Q 1L.lG_ j —.. — -- 0, W 0CB-2 24 ca 59 60 6 i 63 o W 1 O > > lA 21 ¢ 1z ! E! CB-2 1cr ' Z ! 20 CB-2 23 v¢i jam' z: Iz 58 'z U. S. HIGHWAY 60 0 COUNTY ASSESSOR's PARCEL NO. 101-02- N SCALE: 1" = 200' -J LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) l SUBJECT SITE - - ITEM NO . 3 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 265 , BY TITLE ONLY FOR THE FIRST READING . FIRST READING ( Without the Emergency Clause ) ROL CALL VOTE SHEET NOTES ' r vip0/\ V /4) ' ITEP1 # / MEETING OF 457G0 CO. POTION BY; )J)97113SECONDED BY; fri4rMY %ES NO ABSTAINED V E_ MAYOR FTDSON i $ NCILMAN. STEELSMITH1 NCILMAM TAYLOR i _, I NCILMAN HT I - COUNCILMAN SHANKS , .COUNCILMAN DAMIANO _ ki/ . MAYOR CLARKE UNANI" US , IN FAVOR OPPOSED j ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ()/' ITEM # < �4 0 MEETING OF MOTION BY : SECONDED BY: rIV/IMA." yES NO ABSTAINED COUNCILMAN SHANKS I ....., COUNCILMAI`, DAMIANO , COUNCILMAN STEELSMITH VICE MAYOR EIDSON I .� COUNCILMAN MAN TAYLOR COUNCILMAN HILL ki MAYOR CLARKE AN "OUS , IN FAVOR OPPOSED ABSTAINED TOTAL -y..y�me`: ``§ ' e°� 3r.;v"tx� rf`ly fn '`" mvS°a 'eehi3r - a`r�'` _ %. "- Fs;,Se ^�.s:55 • ITEM NO . 3 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 265 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 265 , 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 . 265 , AN ORDINANCE OF MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION , ARIZONA , ZONING ORDINANCE BY AMENDING ORDINANCES NUMBERED 188 , 199 , 225 , 226 , 230 AND 237 ; 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 . 3 BE IT RESOLVED BY THE MAYOR AND Step 1 THAT ORDINANCE NA , THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION , TEMERGENCYOCLAUSE AND THE NO . 265 , BE READ BY TITLE ONLY WITH 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. ) r Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 265 , 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 . 265 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION , ARIZONA , ZONING ORDINANCE BY AMENDING ORDINANCES NUMBERED 188 , 199 , 225 , 226 , 230 AND 237 ; 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 PROPOSED ORDINANCE NO. 266 , AMENDING CITY PERSONNEL POLICIES 2, THIS AGENDA ITEM HAS BEEN BROUGHT TO OUR ATTENTION BY THE DEPARTMENT OF CITY MANAGER 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 , PQ p,CHF G ti 0.aj}li ,a 1 U r, z s '41RszoN� c5 it y o padre C unction Approver for Agenda February 27, 1984 Date Item # First Reading `�G` Second Reading ,yZPublic Hearing MEMORANDUM TO: HONORABLE MAYOR D MEMBERS OF THE CITY COUNCIL Old Business New Business THROUGH: CITY MANAGER Consent Agenda FROM: CITY CLERK r" SUBJECT: PROPOSED ORDINANCE NO. 266 - AMENDING CITY PERSONNEL POLICIES (PAID HOLIDAYS) Due to a conflict between the city personnel policies and the Arizona Revised Statutes, a change is necessary in the section of the policies pertaining to paid holidays for employees. Arizona Revised Statutes 1-301 and 1-302 outline the days which shall be set aside as holidays and which offices may be open on such holidays. A.R.S. 1-302 states that ". . .no court of justice shall be open or any judicial business transacted on a legal holiday. . .". Our present personnel policies require the Magistrate Court to remain open on Lincoln's Day which is in direct conflict with State law. In order to resolve the conflict, Ordinance No. 266 has been written amending the personnel policies by changing the paid holidays for employees. Effective January 1, 1984, employees of the Magistrate Court will have the second Monday in February, Lincoln's Birthday, as a legal , paid holiday. These individuals will not be entitled to have their birthday as an additional day off. The remainder of city employees shall be entitled to have their birthday off, but will not have Lincoln's Birthday as a paid holiday. This will bring the personnel policies in compliance with State law and will give all employees the same number of paid holidays. This ordinance has been written with the emergency clause since it is necessary for it to become immediately operative and avoid further conflict. Copies of the Statutes pertaining to the holidays and the present list of holidays for city employees are attached for your review. kmc 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 ORDINANCE NO 266 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION, ARTICLE 3-10 PERSONNEL SYSTEM, PERTAINING TO PAID HOLIDAYS FOR oar. CITY EMPLOYEES, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL That Chapter 3 ADMINISTRATION, Article 3-10 PERSONNEL SYSTEM, be amended to read as follows ARTICLE 3-10 PERSONNEL SYSTEM A That certain document entitled Personnel Policies, City of Apache Junction, Arizona, be amended to read as follows RULE X ATTENDANCE AND LEAVES SECTION 11. Paid Holidays: The holidays to be observed in the City are as follows: 1. January 1, "New Year's Day". 2. Employee's Birthday (effective January 1, 1983). Note Employees of Magistrate Court are excluded from ( this holiday effective January 1, 1984) 3 Second Monday in February, "Lincoln Day". Note This holiday pertains only to employees of the Magistrate Court effective January 1, 1984). 4. Third Monday in February, "Washington Day". 5. Last Monday in May, "Memorial Day" 6 July 4, "Independence Day" r� 7 First Monday in September, "Labor Day" 8 Second Monday in October, "Columbus Day" 9 November 11, "Veteran's Day" 10 Fourth Thursday in November, "Thanksgiving Day". 11 Fourth Friday in November (Friday following Thanksgiving Day). 4" 12. December 25, "Christmas Day" Said holidays shall be observed on the same day as the State of Arizona, (Note: When a holiday falls on a Saturday, the preceding Friday shall be observed When a holiday falls on a Sunday, the following Monday shall be observed ) It should be noted that Public Safety and other essential service employees may be required to be on duty on holidays in the interest of the public health, safety, or general welfare of the City. Should the taking off of an employee's actual birthday present a schedule conflict within his/her department, the employee shall take the birthday holiday sometime within the pay period in which it falls, as scheduled by the Department Head. 4- Ordinance No 266 Page One of Two 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 DECLARING AN EMERGENCY It being necessary for the preservation of the 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 AA\c D V F. ALE City Attorney Ordinance No 266 Page Two of Two ... Amok . U. GENERAL PROVISIONS '` GENERAL PROVISIONS § 1-301 ,,, Note 6 arts do not have a vested right in any given f rocedure. Allen v. Fisher A I977 $ 1-252. Repeal of repealing statute; effect z. 95, 574 P.2d 1314. 4 Notes of Decisions nor on May 26, 1977,and became effective on the August 27, 1977 general effective date because Ch. ibstantive statutes Effect of repeal in general 121 did not contain a duly enacted emergency general rule, a statute providing for an • Last expression of legislature's will was the clause,but Laws 1977,Ch. 143 was passed by the ,f attorney's fees is similar in effect to one ., repeal of § 35-193.01 by Laws 1977, Ch_ 143, legislature on May 26, 1977,and became effective g the measure of damages; such a provi. i 21 and,therefore, Laws 1977, Ch. 121,§ 4,did immediately upon being signed by the governor substantive and not procedural. Bouldm Tpet § 35-193.01 on August 27, 1977, on May 31, 1977 because it contained a duly c (1979) 125 Ariz. 77, 607 P.2d 954 where Laws 1977, Ch. 121 was passed bythe enacted emergency clause. y rg y Cep.Att Gen.No 77- irkmen's compensation ''_' legislature on May 23, 1977, signed by the gover- 209. ngent right of surviving widow to receive '1" benefit for burial expenses in an amount CHAPTER 3.-HOLIDAYS exceed $300 under § 23-1046 came into 7, e at time of decedent's industrial injury, 4. ere, in language § 23-1064 right became ' ARTICLE 1 IN GENERAL s of such time,"later statutory increase by Sec. )71, Ch 173,§ 17 in maximum amount to 1_305, General election day. is not retroactive as to rights which had become fixed. State Compensation Fund }: t .e (1974) 22 Anz.App. 74, 523 P 2d 801 ; § 1-301. Holidays enumerated - law A. The following days shall be holidays r general statute does not repeal by imph_ 1 Sunday of each week pnor specific statute unless the legisla tent to repeal is manifest. Id. `; 2 January 1, "New Year's Day". - eate an implied repeal of one of two 3. Second Monday in February, "Lincoln Day". ,; statutes applicable to the same fact situa. _ -_.-____ re must be a positive repugnancy between State v. Ulmer(1974)21 Anz.App 378, 4, Third Monday in February, "Washington Day". 867. 5. Second Sunday in May, "Mothers' Day" -enactment of repealed act • expression of legislature's will was the 6. Last Monday in May, "Memorial Day". 4 § 35-193.01 by Laws 1977, Ch. 143, d,therefore,Laws 1977,Ch. 121, § 4,did 7. Third Sunday in June, "Fathers' Day". :pact § 35-193.01 on August 27, 1977, 8. Jul 4 "Inde ndence Da " .aws 1977, Ch. 121 was passed by the € Y Pe Y re on May 23, 1977, signed by the gover. 9. First Sunday in August, "American Family Day" Qay 26, 1977,and became effective on the 27, 1977 general effective date because Ch.not contain a duly enacted emergency 10 First Monday in September, "Labor Day" ,ut Laws 1977, Ch. 143 was passed by the re on May 26, 1977,and became effective "Columbus Second Monday in October, Day" .tely upon being signed by the governor 12. November 11, "Veterans' Day" 31, 1977 because it contained a duly emergency clause. Op.Atty Gen. No.77- 13 Fourth Thursday in November, "Thanksgiving Day" 14. December 25, "Christmas Day" , B. When any of the holidays enumerated in subsection A falls on a Sunday, the mpnsonment. State v Scnvner (App. following Monday shall be observed as a holiday, with the exception of the holidays 5 Anz. 508, 611 P.2d 95 ; enumerated in paragraphs 1, 5, 7 and 9. ,ner's sentences on his convictions of two ` C. When any of the holidays enumerated in subsection A, paragraphs 2, 8, 12 and 14 •f second-degree murder were not subject fall on a Saturday, the preceding Friday shall be observed as a holiday ication based upon Criminal Code which Amended by Laws 1977, Ch. 140, § 1, eff May 31, 1977, Laws 1978, Ch. 26, § 1, eff. May 2, 1978. effective subsequent to time the offenses , nmitted. State v Brown (App.1979) 123 Notes of Decisions not violative of the Civil Rights Act,42 U S.C.A. i, 599 P.2d 859 Religious holidays 6 § 2000e. Op.Atty.Gen. No. I79-268. 6, Religious holidays School district's practice of permitting employ- , erns to utilize leave time for religious holidays was 23 s t f i aT � � _ a �t^[,' t * S"P�' ' :.<t.s . i . m .. .. 4-. ?iF � T riy?y r 1 v y A, ;a1 , , t -,', i1 ,p 'rS, � • � " ' 'k 1 A }' ,�t , { , ,,, . s > .h . »r/' ' i+.Y '*' !'Fv.+ F3?33, 44-R ° � t ye . t k�-t' ),' • • `, t -. _ ,r � .} '''. k 'L s_ *. ,g s y M .t y ,,k� t„, t!a ^', s. d.�, ,,..k`,g%. ; ',",�. ::ik, .`', M'i'n-tt -c`d r. ail;,•:-'' , i V ' t -.f,..? { .11' ol= t . . ,) t •k F ,, o- -,,� y -koh is ...- yj:. 1 .1y 5 a� � ' 1 .,t �' a�' �."# �t' � � xs'f a� t ' ,}r,ar +� `' '94��r�Mk'2 .i d �"��+�+� t! ��,�k jet;.o ,y�,fw3�y ' �Y`� �t`}',�r ; r , i�..,y" i 1 Iv 1 Ch. 3 HOLIDAYS § 1 —302 1 ,� Verde Plaza Co (1966) 4 Ariz.App 349, any of the holidays enumerated in sec I ; x ,M x 420 P 2d 592, appeal transferred to 102 Lion 15-3()1 fall on a Sunday Op Atty ^,,,,- ' Ariz 301,428 P 2d 678. Gen No 62-90-L. ` -t `+ Local school boards have discretion to 4(, :' 3. Public employment close schools on holidays other than 4▪ 4`: --te- Live stock sauitaiy hoard was not re- those. mentioned in section 15-'301 Id `4. inured to pay overtime for work per- districts are not compelled to x) formed by meat inspector on days which recognize all of the legal holidays emu h . were not `legal holidays" Op Att•Gen •Fd { ,. y aerated in § 1-:301, but are only re- I ,k.< \o.i9-S.1 (mired to recognize those set forth in § ?",t. 'lime off, or the alternative pros ided 15-301 Op Atty Gen.No.'0-84 t. +a. by § 38-6118, is mandatory only for �• a 1�>' Christmas, Thanksgiving, Labor Day, 5. Sunday ,y'14;' 4,4.•; , . New Year's Day and Independence Day, Under statute which provided that, if ik' and days off for other holidays enumer- defendant was served within the county i + *A ,, aced in § 1-301 may be granted to em- in which the action is brought, the sum- I pioyees upon exercise of administrative mons shall require him to answer in 10 1 ` :I.?3 k. discretion by the governmental depart- days, sc here a summons was served on 1 { y, went. Op.Atty.Gen.No.56-118. April 11th and April 21st was on Sun- ` day, a judgment by default entered on c.ri e- April 22d was premature, as defendant ;' # h s' " 4 Schools had all of the 22d to file his answer '; Local school hoard has discretion to Pemberton s Duryea (1896) 5 Ariz 8, 43 •• `I •,, close school on following Monday when I'. 220 i1� r� a Y,k ' x § 1—302. Closing of offices and courts; transaction of certain /•-F , $ #,-� 't judicial business '..-, z ft A. Public offices shall not be open, and no court of justice shall 4 • '` be open or any judicial business transacted on a legal holiday, except , , x ,i ,t ,� for the following purposes 7 __________-- ,...to,-, 1. To give upon its request, instructions to a jury deliberating } ,�� v,,„: on its verdict. ,� "1 2. To receive a verdict or discharge a jury ;F. *a;,; � = z.` 3. For the a exercise_of the powers of a_magistrate in a criminal > : � ^,�� � �� action or in a proceeding of a criminal nature. " B. Injunctions, attachments, process for claim and delivery and4. ,• writs of prohibition may be issued and served on any day. r 9; 1 Y Y!:" Historical Note ', .) Source: ,i `.' +( , -A 11 2710, 2711, R.S '01; §§ 3284, 3285, ,,,, y0,• It S '13, §1728, It(I. '28, :15-10'2 C. '39 r k 9 1• ,,,,- Cross References a t ,, a Additional instructions,see Rules Cr.Proc. Rule 22.3 Bank holidays, see § 6-270 : y f y:s'2. i', Commercial paper, time of presentment, see § 44-2559 `., . County offices,office hours, see§11-413 r i• 1, `', Days for tr:uis.icllou of business by courts, '',Y,k Superior courts, see§ 12-127 S 2- � Supreme court sec 1. 10a. R+ 1 § - Halt holiday, computation of time, see Rules of CI'. 1'roc Rule 6(a) I ' Y Injunctions, attachments writs of prohibition and habeas corpus, issuance and d ) sect Ice on legal holidays, see Const Art.6, § 18. 1 i s. 105 H 1 - .$ duty hours. All such leaves are a privilege, granted soley at the discretion of the Department Head and the Personnel Officer. The approval or denial of a request for such leave is not subject to appeal . SECTION 11. Paid Holidays: The holidays to be observed in the City are as follows: 1. January 1, "New Year's Day" 2. Employee's Birthday (effective January 1, 1983) 3. Third Monday in February, "President's Day" 4. Last Monday in May, "Memorial Day" 5. July 4, "Independence Day" 6. First Monday in September, "Labor Day" 7. Second Monday in October, "Columbus Day" 8. November 11, "Veteran's Day" 9. Fourth Thursday in November, "Thanksgiving Day" 10. The Friday after Thanksgiving Day 11. December 25, "Christmas Day" Said holidays shall be observed on the same day as the State of Arizona. (Note: When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. ) It should be noted that Public Safety and other essential service employees may be required to be on duty on holidays in the interests of the public health, safety, or general welfare of the City. Should the taking off of an employee's actual birthday present a schedule conflict within his/ her department, the employee shall take the birthday holiday sometime within the pay period it falls, as scheduled by the Department Head. 27 JotAk. !wok Y d � -..: ... +., .a .J a '..� _ _ a • • r''J.4,�-Lr,+`•.k?'_`" n fr*ka,`a'�/1[✓-+c-+V .,s'v<�x•_ _ Sjpy? _ +.�r..a r� i_• iu �....v +vr'r-_ 'ft • AOlik • ''° -r�t rY ITEM NO . 4 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 266 , BY TITLE ONLY FOR THE FIRST READING . FIRST READING (Without the Emergency Clause) RO L CALL VOTE SHEET NOTES G ( L.0 ( Yi .. ) Y# C)j- tp))7 / 7 ITEM # I MEETING OF W MOTION BY : SECONDED BY : !:466( 1_ YE NO ABSTAINED COUNCILMAN TAYLOR COUNCILMAN HILL , .\ii,//: COUNCILMAN SHANKS /I VICE_MAYOR FIDSON COUNCILMAN DAP'IANO COUNCILMAN STEELSMITbjj " , _ MAYOR_CLARKF UNAN IOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET / 01 r i NOTES ig(P , , , , i • / ,( ITEM #____4___ crr MEETING OF („ MOTION BY: [ bed ) SECONDED BY : Y S NO ABSTAINED rnl1NCII MAN IAMIANO / COUNCILMAN HILL / . COU^IC LLEA_ TAYLOR OUNC II MAN .SHANKS i/I1F MAYOR EIDSON ;:y , . .-.COUNCILMAN STEELSMITH J MAYOR CLARKE UNAN .IOUS , IN FAVOR OPPOSED ABSTAINED TOTAL .YR"s.�sc'�.?F1..,�.cY�t �"'i$i'y .,'r ^SS""-NS#.r;�l`txs."' ti;f,T�DfI✓o _' 'e�." 3'i^'09�P..a�'v't ttc53r Eer3 ?�ac:+.cr 14P 1.v_'�f�.-Y...!r"f."'saa`R.+T�*'°' a+44"'3s.-_'.R .,F3'--..ur:,:: ITEM NO . 4 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 266 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE , AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous , the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 266 , 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 . 266 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION , ARTICLE 3-10 PERSONNEL SYSTEM , PERTAINING TO PAID HOLIDAYS FOR CITY EMPLOYEES ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS APPROVED AND ADOPTED . FOR APPROVAL (With the Emergency Clause ) r • " ':..- "' y... ��ii�..�_Ra"6tv �.'u+'c '!°r"Ky"'`.°'ram': &*s' Lkzr c,,tmYvyAai"` _h"av •"� �.0,..- ":.z tf. far-£'ri s. 'r�7..'. c%�+�y"�e`^;",yf4rx•.�'f2,."4':fi'-? w:: • ITEM NO . 4 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 266 , BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE , AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous , the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 266 , BY TITLE ONLY FOR THE FIRST READING , WITH THE EMERGENCY CLAUSE . p 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 266 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION , ARTICLE 3-10 PERSONNEL SYSTEM , PERTAINING TO PAID HOLIDAYS FOR CITY EMPLOYEES ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS DENIED . FOR DENIAL ( With the Emergency Clause ) (SACHE.✓,, .04 U y III l Z gRiZONP `Oily C4acie o9unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT February 27, 1984 Approver for Agenda .•► Jaz Item # First Reading --s�---- Sccond Reading Public Hearing Old Business MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIJ., New Business THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ // Consent Agenda ACTING PLANNING DIRECTOR PREPARED BY: I(�JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM - MARCH 6, 1984 PZ-6-81 (ORDINANCE NO. 92) and PZ-19-82 (ORDINANCE NO. 163) - MAJOR AMENDMENT Project Description This is a request by Harry Bidwell of Roadhaven Resorts for a Planned Development major amendment for Roadhaven Phases I and II to reduce the minimum travel trailer unit separation from 19.5 feet to 16.5 feet, and to reduce the minimum space line setback from three (3' ) feet to zero. The subject property is a developed 93-acre recreational vehicle resort located on the west side of South Idaho Road, 600 feet south of Broadway Avenue, north of 16th Avenue, and east of Buena Vista Drive. In his letter of January 17, 1984, Mr. Bidwell mentions meetings with Mr. Gero where it was agreed that the Covenants, Conditions, and Restrictions may be amended by Mr. Gero to allow 12 foot and 13 foot wide trailer units. Mr. Gero advised us that he does not recall any such agreement. Development Coordinating Committee (DCC) Comments On July 15, 1981 , the City Council approved Phase I, PZ-6-81 , with the 19.5 foot unit separation. On January 4, 1983, the City Council approved Phase II, PZ-19-82, with a 20 foot unit separation. The DCC is not aware of any authority by which Mr. Gero may have had to amend covenants. It also appears that the City would not concern itself with the enforcement of private covenants anyway. Generally, there was little objection to the amendment request provided that there be 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor nd City Council Request for Agenda Item - March 6, 1984 PZ-6-81 , PZ-19-82 - Major Amendment Page Two a six foot separation between a storage shed and an adjacent unit and a three foot separation between an awning and a trailer for fire protection purposes. The Zoning Ordinance requires travel trailers and recreational vehicles to be at least three (3' ) feet away from other space lines and twenty (20' ) feet from other units or buildings under conventional TH zoning. The planning staff foresees some long-term adverse planning and develop- ment implications for the City if this amendment is granted. Proponents of similar development projects would point to this waiver as a model by which to follow both from a design standpoint and from a procedural standpoint. One of the common criticisms of Recreational Vehicle Parks is that they appear to be a high density type of development that is oftentimes incompatible with other types of residential development. The requested reduction in unit separation would give this development an even more congested appearance. The Planned Development plans for Roadhaven were evaluated and approved for only eight to ten foot wide units as indicated in the attached drawings. No evaluation by staff and no approvals were given for 12 to 13 foot wide units. One factor that complicates this problem is that this project was sub- divided by the applicant. The lot lines are fixed but were approved as proposed by the applicant. In the various meetings with the city staff, the applicant was advised to design his project carefully and to allocate enough space for his lots to avoid being outdated by new technology and larger size units. The applicant assured the city that the design of Roadhaven as proposed was what he wanted and that the proposed space sizes were larger than the existing Recreational Vehicle Park spaces. In a developer's desire to obtain the most profits by creating the smallest lots practical and to obtain the greatest density, he limits his own opportunities to meet the demands of a changing market if he subdivides. It appears that this is a case where long-term project planning and market trends were disregarded in the design process and the applicant is requesting the city to compromise its standards by extricating the developer from his short-sighted approach to planning. The perilous implication here is that future developers may design hastily and unwisely but then ask the city to relieve them from the predicament. The Honorable Ma,'m" and City Council "' Request for Agenoa Item - March 6, 1984 PZ-6-81 , PZ-19-82 - Major Amendment Page Three In dissenting from the other members of the Development Coordinating Committee, the Planning staff for the above reasons would recommend denial of the requested amendment. Recommended Motion .-. BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona , that a Planned Development major amendment by Harry Bidwell for a reduction to 16.5 feet in the distance between trailer units and for a reduction to zero feet in the setback distance to space lines for Roadhaven Phases I and II (PZ-6-81 and PZ-19-82) be (approved) (denied) . The reasons for this action are: (list) Stipulations shall be: 1. That a six (6' ) foot separation between a trailer unit and a storage shed be maintained and a three (3' ) foot separation between an awning and a trailer be maintained. JAN:jl eRoadhaven Resorts, Inc. ;._ _._- • 7631 Greenway Road Scottsdale Airport Scottsda e AZ 85260.602-998-3233 Amok January 17 , 1984 The Honorable Mayor and City Council CITY OF APACHE JUNCTION 1001 North Idaho Road Apache Junction , Arizona 85220 Re : PS-19-82 (Proposed Ordinance No . 163 ) Major Amendment -- Trailer Widths and Lot Lines Gentlemen : It is respectfully requested that an amendment be granted to the Subdivision Planned Development of Roadhaven Resort of Apache Junction . During the various meetings with Mr . Gero , Director of Planning and Zoning , it was hls suggestion that the Covenants , Conditions and Restrictions of the Resort be amended by him for control under which the Resort would be conducted . One of the areas agreed upon , owing to the many changes of manufacturers , was a vehicle width of twelve feet ( 12 ' ) , later amended to thirteen feet ( 13 ' ) - this document was recorded and has been in use since the inception . We have been notified by Mr . Leo Frazier , Chief Building Inspector , that this Covenant is in conflict with the Planned Development requirements . Mr . Frazier has therefor suggested that a major amend- ment be submitted to the City Council of Apache Junction to bring the two documents in line and to rectify this conflict of measurements . • The Honorable Mayor and City Council Page 2 January 17 , 1984 Attached are the proposed dimensions to be applied and incorporated into the general layout of the Resort . Very truly yours , ROADHAVEN RESORTS , INC . Harry R. Bidwell President HRB : sg Enclosure cc : Mr . Leo Frazier Chief Building Inspector • .4,, b: z `4 (41. ^ yb h i c r• ..1 1 ,gN1j ,. _ 15 , \I 31 1 v w w / vV •/ • V "•l \� �> b2K-4 )- '-' t. .,. .z I' ni/ IN N 'Ai N a � � Co ) \ :kit, CI 1.--"... 1.). 1 1 s-...1 ..\ \ , (c.:_, i 5(.;:.::•°:.•:;:.:;,1 Fr I A\)-...C' deN --16.4/ \CI" : WW(:) ''`-‘11. s'•••:; (.•••••-C' gD \\ I, 4' 1:At .;\'''' N*Z. .--r. 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A-go. Aros'. )ti 4. ,Ybh ,es ,p \\ --- tj a I — / ---/6 — Lam— — — — ✓---r 4 ELECIR/C - SRP \ �o 4 rELf P. we or zit.- ,ite4d �B Pc/E SI M,av—w�of r I PREPARED BY: I I e l5Fz5E AER O/5P050L 56PNCE -- - _ e-_ o'/Ng =R PALM PR/i 05 fAR/Zo A- f,ti - `Y4TLR COMPAmE5 �I) 10 Q. I �se-Anr--4,clzbe 617/ze(PApzcs"gy 1.11"m1m1 /. n i7 R��a�6� ENGINEERING 8 SURVEYING OF ARIZONA , INC. n az. 800 4 404 E. IST AVE MESA, ARIZONA 85204 969-3200vt —r77 \10' • C 0 / �,/ Phase / Q r ''-'i", 1: .'.c -' �' %�,r�f 1 `i GOLF COURSE ARCHITECTS '� ' a _ i �i� ? 8433 N. BLACK CANYON SUITE /02 r h ? e ,_2..b �`1 ; �%' -I -I > PHOENIX, ARIZONA 8502/ 864-0444 Ar "f -,rce°'4'= v, 1 ) of � .,'. _ 4«. T-',�/ Z' fo 'i 4 NI .tea, � i/S.•., ..F.�s4µrsffro� ��o �.bt3 fee: 19.8 2 lit e /0.6 '0`820902 t 7 u< x — — _ _ _ _ - - \,_5' P U.E. izr SA 0. 7o )o • o .3' co. -Y O • , ( .. \gip, � ) ,67 9 ��„ 7., 1 �' • STREET -�i�btT OFAPA CAE JUt4CT1 • pVEN RESORT RO! D! 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I , ,- I rJ.+r+n I«rr.♦I I 1 I I !AA 3200 J0114020102 . llllf III t ROLL CALL VOTE SHEET NOTES , uck)/(j /I) ?)161P ITEM #I ! MEETING OF 3 0 MOTION BY: SECONDED BY: Y NO ABSTAINED COUNCILMAN STEELSMITN OUNCILf AN SHANKS COUNCILMAN HILL COUNC I LrAN TAYLOR CO UNC I LMAN DAM IANO �VI CE ! AYOR EIDSONkifif MAYOR CLARKE UNANI"! US , IN FAVOR OPPOSED ABSTAINED TOTAL 1iM\ • ,;e X'°"z .yY Kti. .s.'•'e`.*r.,s�'•c�tc-. F?+4*^a. . • ITEM NO . 5 BE IT RESOLVED BY THE MAYOR AND 11 CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT A PLANNED DEVELOPMENT MAJOR AMENDMENT BY HARRY BIDWELL FOR A REDUCTION TO 16 . 5 FEET IN THE DISTANCE BETWEEN TRAILER UNITS AND FOR A REDUCTION TO ZERO FEET IN THE SETBACK DISTANCE TO SPACE LINES FOR ROADHAVEN PHASES I AND II ( PZ-6-81 AND PZ-19-82 ) BE AND HEREBY IS APPROVED WITH THE FOLLOWING STIPULATIONS : 1 . THAT A SIX (6 ' ) FOOT SEPARATION BETWEEN A TRAILER UNIT AND A STORAGE SHED BE MAINTAINED AND A THREE ( 3 ' ) FOOT SEPARATION BETWEEN AN AWNING AND A TRAILER BE MAINTAINED. FOR APPROVAL oonlik sue► • • • Amok "L'� £S?�•.+ -.f ,,.;i.. ii.� -. srd+..ya•^t :.�..�M S.;n tr �e. d..�,aci .s-•"`.Via• -��.,�t'r:.yM,,.c A€' 'C.?i.a,:-,. • - 4 '�y '�{_ ITEM NO . 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT A PLANNED DEVELOPMENT MAJOR AMENDMENT BY HARRY BIDWELL FOR A REDUCTION TO 16 . 5 FEET IN THE DISTANCE BETWEEN TRAILER UNITS AND FOR A REDUCTION TO ZERO FEET IN THE SETBACK DISTANCE TO SPACE LINES FOR ROADHAVEN PHASES I AND II (PZ-6-81 AND PZ-19-82 ) BE AND HEREBY IS DENIED . FOR DENIAL PUBLIC HEARING 1, THIS IS THE PUBLIC HEARING FOR PROPOSED ORDINANCE NO. 243 , PZ-50-83 THE APPLICANT IS ERICKSON 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION, 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME , 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5 , IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR THE PLANNING AND ZONING COMMISSION AND DEVELOPMENT COORDINATING COMMITTEE RECOMMENDATIONS , 7. ANY REBUTTAL CIF CONTROVERSY - OR NEED - CHAIRMAN'S JUDGEMENT) A. APPLICANT B, IN FAVOR C, OPPOSED '9:" z is "l�IZONP oily o c9 act e @9unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT February 15, 1984 ' Afiprover for Agenda First Reading 3?tt y ItE # MEMORANDUM TO. THE HONORABLE MAYOR AND CITY COUNCIL Second Reading _LL-Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ Old Business ACTING PLANNING DIRECTOR " ' New Business Consent Agenda FROM: JIM NAKAGAWA, ASSOCIATE PLANNER s:: :7.\'‘'SUBJECT: REQUEST FOR AGENDA ITEM PZ-50-83 (PROPOSED ORDINANCE NO. 243) MARCH 6, 1984 - PUBLIC HEARING AND FIRST READING MARCH 20, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case number PZ-50-83, Proposed Ordinance No. 243, is a request by the applicants Richard A. and Georgia A. Erickson to rezone their property from GR General Rural to Trailer Homesite Zone (TH) . The site is a vacant 1 .25 acre parcel located on the south side of East 2nd Avenue between Hopi and Arizona Roads in Section 21 . It is designated Medium/High Density Opportunity on the General Plan. .`• Surrounding land uses include vacant land, mobile homes, and houses. Other Information and Application Requirements Power of Attorney. Ericksons to Burgess and Granillo Number of Property Owners 7 Number of Exempt Properties 0 Number of Affected Owners 7 Number of Signatures 4=57% Signatures by Affected Area 55.7% Development Coordinating Committee (DCC) Comments The DCC had no objections to the rezoning noting that it would be consistent with the Medium/High Density Opportunity General Plan designation for the site. The DCC does recommend stipulating the dedication of the west, north, and east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-50-83 (Proposed Ordinance No. 243) February 15, 1984 Page Two Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of February 14, 1984, after public hearing, voted to approve the following motion: (M/S Polomskey/Rogers (6-0-1 ) ) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-50-83, also known as Proposed Ordinance No. 243, application of Richard A and Georgia A. Erickson for their 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, north, and east thirty-three (33' ) feet of the subject property for public roadway and associated purposes. "The reasons for the recommendation are: 1 . The request complies with the General Plan. 2. It is the best use of the property." Recommended Motion See attached. ORDINANCE NO 243 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-50-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT. ` SECTION I IN GENERAL The zoning district classification on, the Apache Junction, Arizona, Zoning Map for the parcel of land described as The North i of the north 330 feet of the East I of the Southwest 1 of the Northwest * of the Southeast ; of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from GR General Rural to Trailer Homesite Zone (TH) SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, or any part of the code adopted herein by reference, are hereby repealed. 1f M � SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or portion of this Ordinance, or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any ( court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PENALTY CLAUSE Any person found guilty of violating any provision of this Ordinance, shall be punished by a fine not to exceed $1,000 00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J. Clarke Mayor ATTEST Kathleen Connelly City Clerk .. s APPROVED AS TO FORM av A exa tLy D,-� �del^ City Attorney PZ-50-83 PROPOSED ORDINANCE NO, 243 PROPOSED REZONING FROM CR-GENERAL RURAL TO TH-TRAILER HOMESITE ... . E. JUNCTION DRIVE OGRO O O ° GR e . . .. , . ,....• ._ _ _ _ GR 8A GR GR GR GR c a i c O i ► , C)I cc12 u A 17. a g , v a a a .^ a GR cc a o a z { :c, ce oM ® GR r-, to N , '..",',....-.4-':-.7...,.7.3.--,....71A 7......,',:-..';,.-;--- - . a s:. .*:if GR a GR GR GP. r E, 4TH AVE - SUBJECT SITE N SCALE: 1"=200' 0 - COUNTY ASSESSOR'S PARCEL NO, 101-22 RECOMMENDED MOTION ORDINANCE NO. 243 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-50-83 , application of Richard A and Georgia A Erickson Amik, ALSO KNOWN AS ORDINANCE NO. 243 , 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-50-83 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS APPROVED AND ADOPTED THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. The applicant dedicate the west, north, and 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.) Amok • • '.i.* a..y '?Ci+�'NitY. '7` ^: ^4" ' "3�� F•.ham ... � .. , a • • • ITEM NO . 6 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 243 , BY TITLE ONLY FOR THE FIRST READING . PUBLIC HEARING C 1, THIS IS A PUBLIC HEARING FOR APPLICATION FOR PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE THE APPLICANT IS MR. HOWARD DEWAYNE KELLER, FOR THE CACTUS CLUB 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, ..... ......„ rp,CHF� }�G2�i 'wit�r'r aC: N` 'Ade1ac qRiZ Np, ity On ��lac`2e &unction February 27, 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, CACTUS CLUB In accordance with the procedures for processing applications for liquor licenses , notice was posted on the premises at 650 W. Apache Trail , Apache Junction , on the 13th day of February , 1984 , by the Deputy City Clerk . The notice re- mained 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 .n.. 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, 4 ! 67,-,tz...a, Kathleen Connelly v Approver for Agenda /- ) City Clerk p to Item # First Reading �!(�� I Second Reading lvc —11Public Hearing - Old Business Attachment New Business - Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 PeACHF✓, ! p DEPARTMENT OF PUBLIC SAFETY S ' "I P/ZONP c ity o, ipache unction W.E McDANIEL Director February 24, 1984 MEMORANDUM TO: City Clerk - Kathy Connelly FROM: Director of Public Safety William E. McDaniel SUBJECT: Application for Person Transfer of Series 6 Liquor License, Cactus Club Upon making the necessary investigation, this department can find no reason to deny the transfer of series 6 liquor license for Mr. Howard DeWayne Keller an agent for the Cactus Club, located at 650 West Apache Trail, Apache Junction, Arizona. /al 1001 NORTH IDAHO RD • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8260 STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AFFIDAVIT OF POSTING Date of Posting: February 13 , 1984 Applicant: Mr. Howard DeWayne Keller for the Cactus Club Address of Premises: 650 West 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: L i U - /aAL L-C•ie%L (4-- Dated: ,J6kzicz_ /3, /9c'� 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 AEI. Aloft . kPQAH1. G'L ?; �F•y 1 nay �+'y v N . AlP/ ONP its o pacLie C unction February 13, 1984 NOTICE The attached application for a Person Transfer of a Series 6 Liquor License, by Mr . Howard DeWayne Keller , agent for the Cactus Club, 650 West Apache Trail, Apache Junction, Arizona, was posted by the Deputy City Clerk on the 13th day of February, 1984, at 3:00 p.m. . Any person who is a bona fide resident of the age of nineteen (19) years or more, residing, owning or leasing property within one half (1/2) mile radius from the proposed premises to be licensed , may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting . No arguments for , nor against , shall be filed thereafter . A public hearing will be held Tuesday, March 6, 1984, at the City Council Chambers , 1001 North Idaho Road, Apache Junction, Arizona, at 7 : 00 p.m. , at which time any objections filed will be heard. /Z/ei-- -.Z.1&2_7(__, &L44 Kathleen Connelly City Clerk lvc Attachments 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220.0190 • TELEPHONE(602)982-8002 at. /Ma. 4 If FORM 120 -...4- -DLLC USE ONLY- STATE OF ARIZONA a DEPARTMENT OF LIQUOR I ICENSES AND CONTROL - 1645 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 602/255-5141 4L .a aEPT APPLICATION FOR LIQUOR LICENSE .� -,- -- FEB 3 452Pm ',q Type or print with black ink. }� I NOTE. PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE YOU ARE �1 / CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS PLANS FOR / 1 A GRAND OPENING ETC. BEFORE FINAL APPROVAL AND ISSUANCE OF THE \� �� LICENSE /1 J I'^\1V' 1l�F1f/�/% �/I SECTION 1 THIS APPLICATION IS FOR A T.A CM A R /,-` 1 of coEc1c�1. C N�[[7 NEW LICENSE Complete Sections 2 3 4,5 14 15 a sewed by ' ccepted by• pj PERSON TRANSFER Complete Sections 2 3 4,5,9 14 15 Current file flagged by. ❑ LOCATION TRANSFER Comp/ere Sections 7 3 4 5 10 14 it Copies math.lur posting by--. - - _. ❑NEW AGENT FOR CORP OR CLUB Complete Sections 2 3 4 5 11 14 15 Copies mailed for postiy to_ ❑PROBATE/WILL ASSIGNMENT Complete Sections 2 3 4 5 12 14 15(fee not required/ Copies for background 6,6„411 II r, 74_ ❑GOVERNMENT LICENSE Complete Sections 2 3 4 5 13 14 15 Comments• P-. ..... _ _ .. , _ SECTION 2 TYPE OF OWNERSHIPW� o XINDIVIDUAL DATA ,OI.INDIVIDUAL Complete Section 7 ❑CLUB Complete Section 8 - - . ��/ "`Ill CLA M F T R . T R DATE CODE AM ❑PARTNERSHIP Complete Section 7 0 GOVERNMENT y - ❑CORPORATION Complete Section 8 ❑OTHER explain SECTION 3 APPLICANT (AII applicants must complete this Section) Nete_lAy1 '/1 APPLICANT'S OR AGENT'S NAME ALL// /� A4) �L/�� ,J (Insert one name only-to appear on Lic se) Last Name First Name Middle 2 CORPORATION OR PARTNERSHIP NAME / Enter exact name as it appears on Articles of Inc or Partnership Agreement 3. BUSINESS NAME ('Ac I L I /(7 6-0 Enter exact name as it appears on the exterior of premises // 1, ........-- 4•�a BUSINESS ADDRESS.�S 2 L-l--) ..\J �k_ `IL /ii_-.. `\ Do not u"seePP 0 B Number / 5. CITY.�4,,..' ' \)`''4- - l /[1r COUNTY �40C� ZIPCODED4 :- 6. MAILING ADDRESS (C' t�l?-yJ7 CITY „O i2) STATE /V L ZIP CODE. S-.7 2 7 IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS OF THE ABOVE CITY OR TOWN , YES 0 NO /{)NF SECTION 4 INDICATE LICENSE SERIES Check only one'use separate form for each license `\\ •;Z �►„ NOTE EFF 07/24/82 non-refundable NEW LICENSE FEES 00 /1 application fees arc$100 00. You 011151 Total Due if Filed Total Due if Filed Person to Person Y C% e0 Loca - SERIES ADD an additional$50.00 to fees listed Nov 1 May 15 May 16 Oct 31 Transfer Fee 6LR newel Transfi r ri J below. 0 1 DISTILLERS LICENSE ON STATE) 1,900.00 I 1 725.00 550.00 350.00 150 '° 0 2 BREWERS LICENSE(IN STATE) 1 900.00 1 725.00 550.00 350.00 I 150 0 3 VINTNERS LICENSE(IN STATE) 1,700.00 1,625.00 350.00 150.00 150 -' -- 0 4 WHOLESALER ALL LIQUORS 1,800.00 l 1,675.00 550.00 250.00 150 ❑5 WHOLESALER WINE AND BEER 1,650.00 1,600.00 250.00 100.00 150,E e 6 ON-SALE RETAILER ALL LIQUORS 1 700.00 I 1,650.00 350.00 150.00 150 ,•y 0 7 ON-SALE RETAILER WINE AND BEER 425.00 I 387 50 200.00 75.00 150 0 8 ON-SALE RETAILER BEER 275.00 262.50 100.00 25.00 150 0 9 OFF SALE RETAILER ALL LIQUORS 1 100.00 I 1 050-00 150.00 50.00 150 ❑10 OFF SALE RETAILER WINE AND BEER 400.00 I 375.00 150.00 50.00 15C ❑11 OFF SALE RETAILER BEER 275.00 262.50 100.00 25.00 15C • 0 12 RAILROAD TRAIN LICENSE 1 775.00 1 662.50 500.00 225.00 15( 0 13 AIRLINE LICENSE 1 775.00 1,662.50 500.00 225.00 15( 0 14 PRIVATE CLUB LICENSE 1,200.00 I 1 125.00 150.00 15f . . 0 15 HOTEL/MOTEL LICENSE Complete Section 6 2,050.00 1,800.00 500.00 . , 0 16 RESTAURANT LICENSE Complete Section 6 2,050.00 I 1,800.00 500.00 0 17G GOVERNMENT LICENSE • 250.00 I 200.00 100.00 - 0 171 DISTILLERS LICENSE(OUT OF STATE) 306.00' 275.00 150.00 50.00 u 0 18 BREWERS LICENSE(OUT OF-STATEI 300.00 275.00 150.00 50.00 15( ❑ 19 VINTNERS LICENSE(OUT-OF STATE) 300.00 275.00 150.00 50.00 15i ❑20 IMPORTER EXPORTER OR RECTIFIER 300.00 I 275.00 150.00 50.00 15t ... _ 'Not Permitted -DLLC USE ONLY _ < PI it FEES API LIC FEE AGT CMG MFG CLUB TO SECTION 5 QUESTIONS FOR ALL APPLICANTS. • 1 Do local zoning laws permit the sale of alcoholic beverages at the location you seek to Lcense:AES ONO 2. Distance to the nearest church �� t Name/address of church: 3 Distance to the nearest school frC r Name/address of school. 4 Are you the•(DOWNER ,LESSEE ❑SUBLESSEE ❑PURCHASER of the pre/ es 5. If the premises Is leased,give name and address of lessor di ., Name /l/C25GiL- A Z Address Q City i r State Zip 6 What date was lease/sublease signed. t�y� �j //d /C, Term of lease is 1=7 years 7 Does the lease include provision to retransfer the liquor licensec back to the lessor at termination OYES NO 8. Has a license,or transfer of license for the premises represented herein been denied by the State within the p st sixty months OYES /R1 NO •=•• It yes attach an explanation � 9. Who will manage this business. / Lc/c..— fc-cf1-o/lp (�• Last Name First Name Middle • Each manager other than ownerlsl,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 NO 11 Is the premises licensed with a license other than the one for which you are applying OYES ONO If so give license No. ,/ licensee.(exactly as it appears on License) Lust Nume) ) First Name Middle 12 What Is your Arizona State Sales Tax(Privilege)License No //�(1.&-2(:) / L 13 Do you understand that a portion of the fees such as Application Fee($50.001 and Interim Permit Fee(if applicable)is not refundable S ❑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 ❑NO 11 so enter licensee's name exactly as it appears on lice License No. / / / / Last Name First N:u Middle NOTE(.rO the answer to question I above is 'ye' y may quality for an Interim Permit to operate while your application is pending V.'Consult Section 4-203.01 A.R.S., compl Form 176 attach appropriate fee, attach the current license and submit with this .t'apWicalW(.1 2. What percentage f your gross sales repre is the purchase I"meals" 3 How much of your floor space is d aed for restaurant dini (sq ft) Seating capacity for dining purposes • 4 Have you attached a copy of your menu that includes prices ES ONO (If not explain) $dsslw> SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS. 1 Answer the following questions'Ill applicants are married answer each question for both husband arc( Percentage Owned -� Last Name First Name Middle by each person Re••' Address City,State, Applicant(enter here and in section 3) _ J Partner for Spouse) Partner Partner .. - - Attach au... set if necasnaey (ssa, EACH PERSON LISTED MU' JMPLETE FORM 120A N9 AN APPL' ,,\NT'TYPE FINGERPRINT CARD 2 Is each parson listed above aD..na tide resident of Arizon",• YES DNG 3 Is any person,other than the above going to share in the pro 'flosses of the business OYES 0 S \ SECTION fL CORP4MTION OR CLUB APPLICANTS' 1 Name oUorpbr�tton or club - _ W r"'r (Enter exactly as it appears on Articles of Inc(ori Club Charter) / r 2. Date inco porathpr chartered: State where incorporated f._l r { r 3. Arizona Cgrporon Commission File No: Date authorized to do busine • rizona` " --•�-+�J`.. a' E'. -;'t& h3"""'�,�.:�„ri-<7�ir. 4 , 4 Is cprpor8ttoe or club nonprofit.DYES ONO If so giv .R S tax exempt No. 5. If a club rater t0 Section 4 101 4 A.R S. and enter the subpara ph under which you ar lying 6. List officend dmttors' uJ LY Last Name First Name Middle isle Residence Address City State • Attach additional sheet if necessary 7 List stockholders owning 10 r more• -- .. - EACH PERSON LIST MUST COMPLETE FORM 120A AND SUBMIT AN 'APPLICANT"TYPE FINGERPRINT CARD Last Nero First Name Middle Percentage owned Residence Address City/State/. If this corp is owned by another Corp. attach an ownership olticer/director disclosure for the parent corporation Attach additional sheets as necessary er, r SECTIONS PERSON TO PERSON TRAF' ,8 QUESTIONS TO BE COMPLETED BY CURRENT :NSEE T .,ice :<. i• ' 1 Current licensee ),41/LG'`+-'' /AMA-L/ `•✓ ./ Entity e'.., C.- Exactly as it appears on license Last Name First Ni a Middle Etal Agt en ' 2. Corporate name _ T- II current license is in the name of a corporation enter exactly as it appears on license • '- - - 3 Current business name e•L� / La'j �Le//% Exactly assrr it ppear n license 4 Current business address.t i,t C' l4, /4iL--- County. pot' e' Exactlears on license ¢ \.. City A/ !1nC_f' ----- ZIP CODE G 177'2ie-) 5. License Series: (/ License Number /6/2'/`/`/CI[J/Pate of last renewal: 6. Have you complied with the Uniform Commercial Code concerning bulk sale transfers:OYES ONO If not attach an explanation 7 Have all creditors lien holders interest holders etc been notified of this transfer OYES ONO 8. Does the applicant intend to operate the business while this application is pending OYES ONO If so complete Form 176 attach appropriate fee at current license,and submit with this application(for Seems 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 Hrillik DEP AND SAY THAT THE STATEMENTS MADE IN THIS SECTION ARE TRUE CORRECT AND COMPLETE '• Signatures i -nsee rs�e/igned STATE OF .�\� _ COUNTY OF ` 1J/ • -- SUBSCRIBED AND SWORN TO before me this ` day of _ V I 19 t Signature of NOTARY PUBLIC - -- - My Commission expires on SECTION 10 LOCATION TO LOCATION TRANSFER QUESTIONS (Does not apply to Series 15 16 or 17G) APPLICANTS CANNOT OPERATE UNDER A TRANSFER LOCATION O A SFER UNTIL IT IS V APPROVED BY THE STATE 1 Current business address County. • Exactly sit IMP,inn license • City ZIP Code. 2 Current business y - -- _ name Exactly as it ap .rs on license 3 New business address County Also enter in Section 3 Do H/e hoie P O Box her City ` ZIP Code 4 New business Ogae // i--k /i Also enter in upon 3 _ 5 License furies. License Number / / / / / / / Date of last renewal 6 What da10 yr.plan to move. Date of planned opening. W J IC Ul FEE=5100 (Refer to Section 4 209.H ARS SECTION 11 AfVDINIfENT OF NEW AGENT FOR CORPORATION OR CLUB LICENSE for multiple agent change fees) •1=_ • 1 Current AJnt s name '...5.,-.1.', - -- - Exactly ani4 appeal on license Last Name First Na r• Middle 2 New Agents!name Also enter Sectia3 Last Name First Name Middle 3 License Series: Li-. License n • er ' Date of last renewal 4 Does this transaction involve the sale of any portion oft corporate stoc ' I YES ONO If so Complete Section 8 5. T_o be completed by a CORPORATE OFFICER I Ala It. HEREBY CONSENT TO THE AGENT APPOINTM Printed Name of Corporate• licer NAMED HEREIN AND AGREE TO IMMEDI• LY ASSIGN A EW AGENT IN THE EVENT OF THE DEATH REION DISCHARGE OF THIS AGENT I ALSO UN0• ?STAND THAT IF TH •ACKGROUND REPORT SHOWS THAT I THE CO ION ANY OFFICER DIRECTOR OR STOCKI-. DER HAVE BEEN CONVICT-` OF A FELONY IN THE PAST FIVE YEARS . .a LIQt _ VIOLATION IN THE PAST YEAR I ILL IMMEDIATELY SURRENDER TH ICENSE TO THE ARIZONA DEPARTMENT OF LIG' LICENSES AND CONTROL AND HEr BY WAIVE ALL RIGHTS TO APPEAL SUCH •. ION Y; Signature of corporate/club officer STATE OF _,,„ii "" r. . COUNTY OF � r SUBSCRIBED AND SWORN TO before me this day of ,19_ D7d1s'.'i as ' My Commission expires on Signature o1 NOTARY PUBLIC 'r SECTION 12 PROBATE OR WILL ASSIGNMENT OF AN EXISTING LIC9ISE(Does not apply to corporations) — .. 1 Current licensees name • (Exactly as it appears on license) La e First Name Middle - / Assignee's name. 177���//v, (Also enter inSection 3) Last Nat First Name Middle 3 License Seim' License numliet / / / / Dale of last renewal 4 Attach a cer tilted copy of the will or pistluue dssnbo tinn msuumet, hat specifically distributes the liquor license to the assignee \ SECTION 13 GOVERNMENT LICENSE Ho.cities towns,or counties only)' ' • --- j - 1 Person to administer this license (Also enter in Section 3) Last Nan• 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 in' ding the to ation to be licensed OYES ONO 4 Do you understand mat you can only seat,etc obt hrweala.s to consompnon on the license)premises OYES ONO 5 Will a concessionaire be using this license YES ❑NO II so • tech the agreement and appropriate authorizations required by Section 4-205.03 A• 6 Do you understand a separate license must lie obtained for each pretn es from which alcoholic beverages-ire to be served 0 YES 0 NO IOW 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 DO NOT INCLUDE PARKING LOTS LIVING QUARTERS SERIES 15 ANO SERIES 16 APPLICANTS MUST EXPLICITLY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES 14, 4ftl r P'rs CWa w - 2_ Do you agree to notify the Department of any changes of boundaries,entrances exits,or service windows prior to modification•ea ES ONO C = - 3. The alga diagram issttlr 'onlyarea where aa)coo)oli beverages are to he sold,served consumed dispensed,possessed or stored ignature of applicant/agent /(L y •r�-'+r�"" .e"'�'""",.s'pS;t�'s-1"` .""'" %.t's \l.C.11vl7yy7711 L fc SECTION 15 SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS- !1•e) J-J7-) / l Qyd STATE OF AR120NA ) 4.1.(1 t ii{n i fer"��5a--�He0/07 a-) ' 6/a/ 9 4T 1 :: (�,('E(�cal t��7•l�Y.II�C�L/•J�/9 -��5 42? couNTy I,(t`—ti V/L t/ f .;7/irr/L— BEING FIRST DULY SWORN UPON 0 Printed Name of Applicant for Agent if Corp or Club) HEREBY DEPOSE SWEAR, AND DECLARE UNDER PENALTY OF PERJURY THAT 111 I AM THE APPLICANT 1OR AGEN 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 131 THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR TAXING AUTHORITY REGULAI AUTHORITY OR TRANSFEROR• 141 THAT NO OTHER PERSON FIRM OR CORPORATION EXCEPT AS INDICATED HEREIN HA INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOR WHICH THESE STATEMENTS ARE MADE 15) AND THAT NONE OF OWNERS, PARTNERS, OFFICERS DIRECTORS, OR STOCKHOLDERS LISTED HEREIN HAVE BEE CONVICTED OF A FELONY IN PAST FIVE YEARS OR A LIQUOR VIOLATION IN Tr EPAS Y AR / / g^n,i{uurr SUBSCRIBED IN MY PRESENCE ANO SWORN TO bee me 1 ,19F . . ..,tip.bTb • OFFICIAL SEA t re of O ARV PUBLIC MARTHA GARCIA „, NOTAsr r I�� r c. sitOge if. - My Commission exult",RIc' .„,„...,::.:,.....,,...„,,,,,L„:„.•..:..„.. ... ,. .. .....,.. _,..; 4 POeM t10A . 4 1 —D L.L C.US ONLY— PS STATE OF ARIZONA •'.��jF� 3E / A ,- rN(/1no DEPARTMENT OF LIQUOR LICENSES A11U CONT110 .3 4 UA � LL//r I// I 1645 WEST PHOENIX AZ085007IT 2271 VOTE I�' 6 6021255 5141 f l QUESTIONNAIRE r a TO BE COMPLETED BY EACH OWNER PARTNER STOCKHOLDER (10% OR K--)0 nt, AMORE) AND MANAGER ALSO, EACH PERSON COMPLETING THIS FORMMUST 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 Name. /`CK.�v 7/1 f)/f.2 Date of birth /4�` I-- Last /FFiirst Middle Mon/ dayy year 2 Business Name e� I C 4 �i{ i Place of birth .4/ C41,�- IAs it appears in Section 3 of Form 120) \ ty i State 3 Business address �� CO Jr /y-- /D J - Q/,�t.�y( CifC�7 Z,Q/ (Do not use P.O Bo.num� City County Zip Code 4 Drivers license No Height. V k.--4" Weight Eye color.Z3/1/'— Hair color e State Val, y 5 Name of spouse' Oate of birth. First Middle Last Maiden _ ..r -. "�.� � 6 Of what state are you a Dona tide resident (/ If Arizona date of residency /yam 7 Indicate your employment or business engaged in during the past five years If unemployed part of the time so state Time Describe Positron Employer's Name or Name of Business Employed or Business (Give Street Address.City State and Zip Code} A OAjES (-�� Present Position or business engaged �� ^�(�B DATES DATESin i s/' - • Position held or business engaged in immediately preceding above AlI C DATES "Ms, :-7,,,,: _ _ Position held or business engaged in immediately preceding above IBl Attach additional sheet if necessary s 8 Indicate where you have resided for the last live years ';� ' r.r <-, FROM TO RESIDENCE' Month Year Month Year Street City State Zip Code Attach additions sheet if necessary 9 How many hours per day will you personally� spend` managing the business related hereto '" �./� 10 Give Telephone Numbers for --446( / r2-11/7/ —/ R t/ ,7 Business Residence 11 Have you ever been detained cited arrestedindicted-o'r_snumym�-�ed into court for violations of any law or ordinance including 1/ traffic violations and liquor violations,i)7h�iA_ //4,LC_ 72i. 7 J ,J ES ONO 12 Have you ever posted bond been ordered to deposit bail been fined imprisoned had sentence suspended or placed on probation for - ` �f/ violation of Eli law or ordinance OYES 1LYNO 13 Have you ever had a business professional or liquor license rejected denied revoked suspended or fined in this or any other state OYES NO Y 14 Have you ever had en application for any business,professional or liquor license rejected or denied OYES NO 15. Has anyone ever filed suit or obtained a judgment against you in any civil aatlon, the subtect of which involved fraud or - - misrepresentation of a liquor related matter OYES O AIN PIN 16 If any answer to Questions 9 through 15 is YES attach a signed statement giving complete details 1{/`/ e 17 Ate you familiar with Arizona State Liquor Laws and Regulations. 17JYES ON 18. Do you agree to keep your Arizona State Sales(Privilege)Tao Account and your city permit fees(if applicable)current _ \YES ON 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 ON _- 20 Do you agree to post the permit or license if issued in a conspicious place on the premises and within view of the general public YES ON 21 Do you agree to purchase all liquor wine and beer supplies only from licensed Arizona wholesalers ``�YES 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 kES period dt two Years and to have them easily accessible for examination ❑N 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 Slate Liquor Laws Regulations.and Board Directives If(\Tv ES ❑N 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 individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control YES ❑N - - - _ 25 II 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 PERK STATE OF , Fri- i�- Cd 5�c)1v<I.o(' �� a�9` ss (ft', ,; 57)9- 1) COUNTY OF I a ... /F44.44444411440 ,411 a -7- I• 'C`� BEING FIRST DULY SWORN UPON OATH HER bE - - Pn name nl arc _ DEPOSE SWEAR AND DECLARE UNDER PENAL Y F PERJURY THAT I AM THE APPLICANT fvIAA ING THE FOREGU1i4G OIJESTIONN 11F - _ AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND LL STATEMENTS CONTAINED THERE ARE TRUE,CORRECT AND COMPLETE nature SUBSCRIBED IN MY PRESENCE AND SWORN TO lseloie me the T d . _ 1 • so MIM ey`�ynawre of NOTAR PUBLI y _ 1 SfA My Commission expires ollproytilARt HA cApc, t .�, t zMAH`�PartpoJn yrroq p � AC l" ��. •'�4ieiar;ey JIM 's"tc yam . Fi ARIZCNA SUPERIOR (:O[tli 1 ( utulty nl rid I t col)f1 0 HOWARD D KELLER , i LI(1lJ R gErT Plaint f i F a 3 4 52r104 vs LARRY M. LAIRD and RITA R . I.•1l Ri) , civil-, \( I I0 `c). C505886 husband and wife , — -! r; ` I ( Il,l,tilt St'\I\IONI I --) TIIF. STATE OF \IiI/.( )\ \ I ( ) I III 1)I,:1,1:'\.I) \N I '"� " LARRY MLAIRD . Rli'A R LAIRD YOU :111E II1':IiI''.Iil S11\I\1()\1':I) mid Ie(IIIIIe(I to at)I)(•,11 and (l,'f('11(l, \\ ItI1111 the hill(' applicable III this U(.tloll III till', (,0111I. II st'I\(II \\ Itllul \11/oll,1 Mitt shill ,11)11('al ,Ill(I lll'll'll(l \b'It11111 20 tI.l\s altl'1 till' setVIC(' of till' S11111111011s afItI (;(IIIII)L11111 1111(111 \OII (•\( 111',1\(' oI the day oI s('Iyl('(' I I set v((I out (1f the State OI Ali/.olla — WI1l'tltel 1)\ (Ilk ( 1 '('IS Ill', IS 1(•141,1t 1( (I (11 Cl'I lllll'(l I11a01, nl 11\ I>llhll(alloll — NMI shall appeal and (lrl('11(1 \y11f11W 3O (Ia\', alit );.,lit(' ',el\t((' HI the Sllm1llOII', and Complain( 111) 111 \•tnl IS (()111I)1rtc, exclusive of the day (Cl srl\ 1( 1 \\'h( it 1)l o(r" is set\rd upon the Ai iiona I)n eclat (Cl I I Isuf an(t• as an insnrel's atturney to re( elst sewn e id I( gal I)lo(rss at;aunst it In this stale, the insole! shall not he re- quired tO .11)I)( ,11, ,11,5..\t 1 ul Cl1 ' ,III wild ('\l)11.111n11 oI 10 (la\', Ali' 1 (lair "I 511( II 5('1\1((' III)(111 II"' I)lle( I(,1 - Service by frgistl led of I ( Hitt( (I (mall \\ Illtnut the Mate of \I Von,t is complete 30 d.t\s alter the (late of filing the r('('('11)t and al I ida\II of set\ I(I with Ill(' ( ()ill I Set\ fee 11\ t)Ilhllealloll IS C(1llll)let(' ,30 (Ia\5 aftet the date of Iii st 1)111,li('.II ion Moo s( I\ I('t' IS ('(1111t)lelr \\11(11 111,1(I(• Sri y1e(' 111)t)11 ill(' \11/(111a Motor Ve- lllc.le SIII)etillt( 11(1('1l1 is (ullll)let(' 10 (I,I\5 al ICI 111111t( tin \Ili(1 tS it of ComPlialn-c and letliiii I(Cell)1 Or ....... Officcl's lietnin IICI> I, \Its §k 20-222 2S-502, 2S-703 _ Y(H) .11i1'; 111':131':lit NO 1 I I' I 1 ,1 ► (dial ill ease oI Soul I,111111(' to appeal and defend within the time 1101)li('ill)1t', )ntlt;lnetll I,\ (1' 1,1011 III I\ IN. icw1c0 (1 ,1'(.1III I \o11 I(,t the I(•lll I demanded in the Complaint YO[' ;\IiI': (;,\trl I( 'l I) I11,1t In „till ', to up )( ,II tilt drlen,l So11 nm,,1 Iile an Answ'e1 or proper response in \\'1 itlug \\ ill the ( 'It II( ((I I IIIs ( (IIII I ,I( ( (Illll)'.tlil('(I I)\ III, 11rens',n\ Illlllti ICC, \yltlllll the time it (tuft( (I, and \o11 a1, it yin( (I 1,, st IS ( ,1 ( ()I)\ III all\ \ns\\t'I (11 Ir51)ulist 111)011 Ill( Plaintiffs' attot11('y. RCP l0((1), •\liSa§ 12-311; R(:N 5 The name and ,I(l(h( '5 0l 1)1.11111111• ,1111)1nl \ 1• WARREN G LEVENBAUM r.,077 .`1`'Q Arizona Title Building 111 *t Monroe Street Phoenix Arizona7 85003 Telephony (602) 271-0183 Attorney Finn Name .uR1 A,Icln.. S((.<1'.1:1;, 1 N O' S I': \[. I',]) I l I 1 s (i Ile. F lQ A :VENBAUM & COHEN �, r - VI1IAN N 20 Arizona Title Building ` ' I ( ' l 1 West Monroe Street ,.... - ( I T RUBIN toenix, Arizona 85003 .., 11, \ Ut tilts ('leek �� tit \I\1OV, ( t ,( I .. I r.- 0 yF, UEFr. 1 A 52 Q '8a FEB 1 LEVEr BAUM & COHEN 1120 Arizona Title Building 2 111 West Monroe Street Phoenix , Arizona 83003 3 Telephone . (602) 2/ 1 -0183 4 attorneys for PL.ilnt i. tt 5 IN 1'i{I, .11JPI;h10h COURT OF THE SLATE OF ARIGONA 5 IN AND FOR FU1', COUNTY OF ht h [COPA COUNTY 7 HOWARD D . KELLER , ) C5OS S6 ) No . C 8 PL irntitl , ) ) COMPLAINT w 9 vs . ) x Z o ) (Contract/Promissory Note W OJ W . „ U , a m 10 LARRY M. LAIRD and RITA R . ) and Personal Property ; ,� t87- LAIRD , husband and wife , ) Foreclosure ) o ° 11 ) • '' ' • i , < toy 11e1elidant s . ) a < wK o 12 ) z 3 L W - • W w _ O w • = 13 CC)MI?S JOW the PLaintift , IlOWARD D . KILLER, by and a 14 through his counsel undersigned and for his cause of action 15 against the i)etend.tnts , alleges as follows - 16 1 . 17 AL all relevant times hereto , Uetendants were residents 12 of ilaricopa County , Ari ;ona ; the subject matter to which this 19 Complaint relates is situated in Maricopa County , Arizona . 20 [ I . 21 Chat: a 1. 1 material times hereto , Defendants , LARRY M. 22 LAIRD and RICA R . LAIRD , husband and wife , hereinafter 23 collectively ri lei red to is "Defendants " were acting for and in 24 . . . 1 behalf u t the m u g L.i L coinmmn ty composed o C LARRY M. LAIRD and 2 R[ CA R . LALi?!) , hush tnd 101 uYVFe . 001' 3 FEB 3 a 150' 4 [hat on or -about December 24 , 1982 , Plaintiff sold alt 5 of his right , title -and interest in and to the assets of that 6 certain business establishment known as "CAd [US CLUB" situated at 7 650 Jest \p.ache Trait , Apache Junction , Jlarieopa County , Arizona . 8 Said assets included equtpment , fixtures and furnishings , 9 inventory and rights to and to a certain Number Six (6) Liquor 10 License issued by the Department of Liquor Licenses and 11 Control . The purchaser ., f s,tt.d assets was a certain THOMAS MALLOY 12 who executed a Promissory Note , Security Agreement and Statement u ^ ++ Z w O m ms 13 of Legal and Equitable interest over Number Six (6) Liquor License oYJ2oN o 14 as security for payment of the Promissory Note in behalf of r L b < oF ` 0 15 PlatnLift. Plaintiff his duly perfected his security interest by CC N N x 1 T w Z a LI, _ 16 filing, a UCC- I , Notice of Security Interest with the Arizona a - a 17 Secretary of State , and ,ts well , has tiled his Statement of Legal. 18 and Equitable Interest in said Liquor License with the Arizona 19 Department or Liquor Licenses and Control . 20 IV. 21 On or Ibout Lhe I3Lb day of January , 1982 , CHUMAS MALLOY 22 incorporated the business known as PIK CAC [US CLUB under the name 23 of 'LIIUMAS I . MALLOY , INC . , .an Arizon t corporation . Thereafter , on 24 September 1 , 19S{ THOMtAS J . MALLOY , INC . sold all of its right , 25 title and interest in and to the assets of the CACTUS CLUB to 26 Defendants , LARRY M. LAfRD and R[TA R. LAIRD , husband and wife . 27 • • • 28 • • • -2- • 1 V. P 2 On or ,t!h,oit Sel)tember a, 411*f� 9 at Phoenix, Arizona , ' the 3 Defendants became Just ty inde tdirok l aMAS J . MALLOY , INC. 4 in the principal sum of ONE HUNDRED ftiIRI.'Y-THREE THOUSAND AND 5 NO/1OU DOLLARS (SI3J , 000 .00) and made , executed and delivered to 6 THOMAS J . MALLOY , INC . a Promissory Note in writing. A true 7 cOrt ecL Lin), of , t t d Pt.omI s .o► y Note t tt t.tclred hereto as hxhibit 8 "A" and is incorporated herein by reference and made a part 9 hereof. 10 VI . 11 On or tbotlL September I , 1983 , tor , the purpose ot 12 securing payment ot the Pioinissory Note described above , A50- z tin !o (' 13 Defendants executed and delivered to THOMAS J . MALLOY , INC . their a?� Wgo 0 14 Security AgreemenL , thereby granting THOMAS J . MALLOY , INC . a F Z N tl O C m NNx i 15 purenasd money sociiriLy intecest covering and attaching to the J t W Z G W W « = Z 16 assets subject to the site . A true and correct copy of said a - d 17 Security Agreement is ati t.ned hereto as Exhibit "B" and is 18 incorporated Ii i et n by rt' ler ence and made a part hereof . Upon 19 information and bo L t ei , THOMAS J . MALLOY , INC . duty perfected i_ 20 security interest in and to said assets by duly filing a UCC- 1 21 Notice of Security Interest with the Ar. i Iona Secretary of State . 22 VI I . 23 On or 'boat. ticptembcr 1 , 1983 , also tor the purpose of 24 securing payment crt the Promissory Note described above , 25 Defendants made , executed and delivered to CdOMAs J . MALLOY , INC . 26 a Statement of Legal and Equitable Interest covering and attaching 27 to the Number Si.c (b ) Liquor License subject to sale and issued by 28 the Arizona DeparLnent of Liquor Licenses and Control . A true and - 3- • 1 correct copy ot said Statement of Legal and Equitable interest is 2 .attached hereto ,t', Exhthtt AiI;'LIDI;UIRdDEP►js incorporated herein by 3 reterencc and made ► p.0 t her ii .3 4 5211 It4 4 VIII . 5 On or about 1anaur.y 5th , 1983 , I'HOMAS J . MALLOY , INC . , 6 assigned to Pliant tit ill of its right , title and interest in and 7 to Promissory NoL Sec ortty Agtee•neuL and Statement of Legal and 8 Equitable Intc•re , L . PlatnLif l tiles this Complaint against 9 Defendants by virt is or slid assignment . A true and correct copy 10 of the assignment is iLL.iclte?d is Exhibit "D" and is incorporated 11 herein by teLere me Ind M.tcde t part hereof . 12 LX. zgsi . e ^ x W s 13 Dctcn:ld are in dctault of their payment due under the am , UmoN 14 terms and cundt i ► un-, of the above-described Promissory Note , a o F Z N Off f," 0 15 Securi&'ll Agreement, ind Statement of Legal and Equitable Interest c 00 N H x s iooW 16 and there remains due and owing and unpaid , according to the terms Z � = d 17 ot the Promissory Note , the principal sum of ONE HUNDRED tHIRTY- 18 THREE THOUSAND AND NO/ 10U DOLLARS ($133 ,000.00) , together with 19 accrued interest thereon through December 4 , 1983, in the sum of 20 THREE THOUSAND 'THREE HUNDRED FIFL'Y-FOUR AND NO/100 DOLLARS 21 ($3 , 354.00) and in additional per diem interest for every day 22 thereatIcr al the ► tto of FO►tTY- THREE AND 33/lU0 DOLLARS ($43 . 33) . 23 X. 24 Pla anti 1 I has made demand upon the Defendants for 25 payment of the unpaid balance of sail Promissory Note , but said 26 Defendants have failed , ne;;le2Led and ► etused and continue to so 27 fail , neglect -tnd rc•tuse ro pay said mount , or any part thereof . 28 • • • -4- • • 1 • Xl . 2 By reason of der iuLt t i)etendants , P1ainLitt has AZ 'I N, O'er' 3 declared the ont tto nnp.t► •l h,alanc411 �14 said h nn Lssory Note to be FEB 3 r 4 imm, diately due and payable , in accordance wLLh PLaintiEt ' s demand 5 and acceleration letter attached hereto as ih.XhLILt HE, " which is 6 incorporated herein by reference and made a part hereof . 7 XII . 8 By reason of said de tau IL of D Lendants , Plaintiff has 9 taken possession of All oC the assets of that certain business 10 known as the CACL'U,; CLUB, subject. to PLaLntirf ' s security interest 11 therein , in accordance with the provisions of A.R.S . Section 44- 12 3149 . litai . o � 0 WN 13 XILL . 5 : m U O N 4 00 Qo 0 14 Undor the terms and conditions of the above-described z N F 4 0 E W 14 y 4; o .24 0 15 Promissory Note and Security Agreement , Defendants agr-:ed , amongst i p < Z W _ o 1416 other things , that in the event an attorney should he employed to N ^ z r a - d 17 entorce pay,nent thereof. by suit or otherwise , Debtor therein 18 agreed to pay, in addition to the amount due on said Promissory emS 19 Note , reasonable ►tLuriteys ' fees . Plaintiff has employed 20 attorney to enforce the terms and conditions of said Promissory 21 Note and Security Agreement and requests that this Court award him 22 a reasonable sum .as and t or attorneys ' fees . 23 Wtlt:Ri:H)I-I. , PLaLntiCt prays as LoLLows . 24 1 . Hor Judgment against Defendants , jointly and 25 severally, in favor oL Plaintiff for Plaintiff ' s attorneys ' fees 26 incurred herein , together with costs incurred and yet to be 27 incurred , together with Lnrerst thereon aL the judgment rate from 28 -5- • AGREEMENT IN. L1 U OF 1O LOSUR . AND ASIglGNiMENT' ��a FE8 53e� THI;- AGREEMENT [N LIEU OF FORE- CLOSURE AND ASSLGNMLNT made and entered into this 5th day of January, 1984, ny and between HOWARI) DeWAYNE KELLER (here,in- atter referred to as "KELLER") and THOMAS J . MALL0Y , individ- ually, and THOMAS J . MALLOY , INC . , an Arizona corporation , (hereinafter referred to as "MALLOY" or "MALLOY , INC . " respectively) . WHEREAS , THOMAS J . MALLOY, a single man , purchased the assets of that certain business establishment- known as "CACTUS CLUB" from KELLER on or shout December 24 , 1982 , and WHEREAS , the assets of sale consisted of rights to and to certain equipment , inventory, trade n.uae "CACTUS CLUB, " leasehold interest. , improvements and a certain Number Six (6) Liquor License Ls ,ued by the Arizona Department of Liquor Licenses and Control , and WHEREAS , MALLOY on December 24, 1982 executed , made and delivered to KELLER a Promissory Note in the pru'tcipal sum of ONE HUNDRED l'IUIit ['fIL.N 1:1101 ';'\IJD '1NI) NO/ 100 DOLL\PS (yI 1 .3 , 0UO .00) , together with interest Lheroon , 1n p.tyment_ for said assets and is now in default of s tid Nro.ni ;•;ory Note ; and gmim T li aP L� ` p WHEREAS , JALLI;Y i 1* about December 24 , 1982 executed , made and delivered t � r(EI,LER a Srcrarit y Agreement providing for a lien attaching to the assets subject to sale to secure payment of sums due under said Promissory Note ; and WHEREAS , MALLOY on or. about December 24, 1982 , granted to KELLER a lien upon said Number Six (b) Liquor License pursuant eN to a Statement of Legal and hmIu t t able Interest_ to .additionally secure payment of sums due raider La.tt certain Promissory Note , and WHEREAS , on or •about January 26 , 1983 , MALLOY incorporated the business known as "CACTUS CLUB" under the name and style ot THOMAS J . MALLOY , INC. and contemporaneously therewith assigned all. of the .assets subject to KELLER' s lien to said corporation , and WHEREAS , on or about September 1 , 1983 , MALLOY , INC . • r sold the assets of CACI'IJS CLUB to LARRY M. LAIRD and RI CA M. LAIRD , husband and wife , and simultaneously therewith MALLOY , INC. retained d Promissory Note From LAIRD in payment of the purchase price stud also retained .a ;ecrariry interest in and Lo the Assets ems subject to sale , including a Number Six (6) Liquor License issued by the Arizona Department- of Liquor Licenses and Control and as part of the trdnsacrion the parties agreed to "wrap" the obligation owing to MALLOY , INC. , with that obligation owing by MALLOY to KELLER , and WHEREAS , KELLER has indicated his intent to foreclose upon his security interest in the assets ot CACTUS CLUB on account of default of UALL;)Y and sue upon that certain Promissory Note referred to .above . -2- • I)J, ex 453 ,t, 6.....4 NOW TIIERLE'ORL , Lot good and vain ib Le consideration , the parties hereto agree as toLLows 1 . KELLER does hereby torever release and discharge THOMAS J . MALLOY and CIIOMAS J . MALLOY , INC . , an Arizona corporation , and their respective successors , assigns and personal representatives fr )m any and ail liability or claims arising out of that certain Promtssoiy NoLe between the parties dated December 24 , 1982 , along with the Security Agreement of even date therewith , along with the Statement at Legal. or Equitable Interest of even date therewith . 2 . THOMAS 1 . MALLOY Ind THOMAS J . MALLOY , INC . , an Arizona corporation , do hereby torever assign and convey to KELLER all of their respective right , title and interest in and to all of the ' assets ~ of the CACL'U5 CLUB, including but not limited to equipment , inventory, ttide na+ue, Leasehold interest , improvements and Number Six (6) Liquor License subject to the security interest held by KELLER. 3 . THOMAS J . MALLOY , INC . , an Arizona corporation does hereby irrevocably assign to KELLER all of its right , title and interest in and to that certain Promissory Note dated September 1 , 1982 in the principal sum of ONE HUNDRED TI{IRCEEN THOUSAND AND NO/ 100 DOLLARS ( '$ 1I3 , O0U . 00) , by and between THOMAS J . MALLOY , INC. , as Payee and LARRY M. LAIRD and RI ['A R. LAIRD as Makers , along with the security thereto as represented by Chattel Security Agreement of even daLe LhOrewith by and between TI{OMAS J . MALLOY , -3 r y�r INC . as Secured Pin y .ind I,A►ZRY,,011 • LAI RI) And RITA K . LAIRD ,is Debtors . , . ‘ :`` 3e\\%%a FED ,\ I{OWAKI) DeWAYNE KELLER TI'HJMAb J . N1ALLOY, individually THOMAS J . MALLOY , INC. , an Arizona corporation By _ THUMAS J . MALLOY -- -- Its President -4- • 1 date of judgment_ onL i l paid on all sums .awarded as attorneys ' tees 2 and court_ costs , and pEQT ivkli 3 2 . 'Chat Pldintiit '4 S'fT2IrrY ty interest in and to the FEB 4 property described in the exhibits attached hereto and Plaintiff ' s 5 rights in that tertian Number Six (6) Liquor License associated 6 with the Statement ot Legal and Equitable Interest also described 7 in the Exhibits attached hereto , be deemed valid , that 8 Plaintitt ' s interest in and to all assets subject to security, 9 includng the Number Sint (6) Liquor License , be declared and judged 10 to be prior and superior to any right , title , claim, estate , 11 interest or lien of the Defendants ; and 12 3 . Tnat it he adjudged and decreed that said security nzoo U W O m Fms 13 interesL be foreclosed in accordance with the provisions of the � W W Z ' 0.4 � � 0 14 Arizona Unitorw Commercial Code ; and that if the net proceeds of > Z 2 N I < Z i•N' m 2 , . = 15 such sate be in,'ufticient to satisfy this judgment , that the 7 W i S ° o W 16 Plaintiff have r detacie''cy judgment against Defendants for any a - d 17 amounts unpaid ; OR ALTERNATIVELY , for an Order confirming 18 Plaintiff ' s right ro retain all collateral subject to security 19 pursuant to A. R . S . Section 44-151 ( B) in satisfaction of all 20 obligations pursuant to the Promissory Note , with the exception ot 21 attorneys ' tees rn,l the expenses o- sociaLed with recovering 22 control of the c ;oI I. it era l ; and 23 4 . CIS r t Defendants herein and all persons claiming , by 24 through or under Lhem , or any of them be Loreclosed of and forever 25 barred of and from all right , title , claim, estate , interest or 26 lien in and Lo said secuted property with respect thereto . 27 . . . 28 . . . -6- • I' i it Ir ��': tlltl I 'It I ile]t 1 �• �1% rt_ LL�•t as the Court: 2 deems just .Lilt# Itrt, • t.‘ iti t %\\ n1.:,e :� . ��� 3 1) , 1i•,tt rI' .$ f'-� ,#.t / t�l h<�i�ttl,�ry, 1984 . • 4 LEVENBAUM & (:c)###.. # 5 VW/ l t 7 ! 11 ) ) A,t I • ‘)rt,d I'll I #irlt NI fig I I I W. st Monroe Street 8 Nhoenl4 , ArL/t)na 35003 11 r )rney, for PLaintiEE 9 10 11 12 ^ _ o ., W y (7 m ° W " 0 13 Um � < � W W Z _ oQF `IN N a 14 y ( 0 2 W z = < Z o 15 . , t o . [ ^ qa x I J Q W Z p io = o : 16 r•a = n 17 18 19 20 21 22 23 24 25 26 27 28 CAMPANA AND HORNE PC ATTORNEYS AT LAW THOMAS C HORNE 4422 CIVIC CENTER PLAZA PHOENIX OFFICE RICHARD V CAMPANA P 0 BOX 449 STEVEN J SILVER SCOTTSDALE ARIZONA 85251 1260 FIRST INTERSTATE BANK PLAZA MAR-HA BACHNER KAPLAN 100 WEST WASHINGTON ERIC J slsraow (602) 947-6351 PHOENIX ARIZONA 85003 DAMES E VIEH 1602) 253 9700 SUSAN L ELKINS February 22, 1984 State of Arizona Department of Liquor Licenses and Control 1645 West Jefferson , Suite 227 Phoenix, Arizona 85007 Re : Series 6 Liquor License Larry and Rita Laird Gentlemen: In the absence of Attorney Ken Fields from his office , the undersigned is writing this letter on behalf of Larry and Rita Laird. This letter is to put your department on notice that Mr . and Mrs . Laird have not transferred , and have no intention of transferring , the Series 6 Liquor License which they hold . Do not accept any transfer of this license without first contacting Mr . Ken Fields , 252-8092. Upon information and belief , we want to inform you that one .•. Howard Dwayne Keller is attempting to acquire the liquor license without the consent of Mr . and Mrs. Laird . We do not want this to take place under any circumstances . Thank you for your anticipated courtesy and cooperation. Very truly yours, CAMPANA AND HORNE, P.C. Susan L. Elkins SLE :l j cc: Mr . and Mrs . Larry Laird City of Apache Junction CAMPANA AND HORNE. PC ATTORNEYS AT LAW THOMAS C HORNE 4422 CIVIC CENTER PLAZA PHOENIX OFFICE RICHARO V CAMPANA P O BOX 449 STEVEN J SILVER SCOTTSDALE ARIZONA 85251 1260 FIRST INTERSTATE BANK PLAZA MARTHA BACHNER KAPLAN 100 WEST WASHINGTON ERIC J BISTROW (602) 947-6351 PHOENIX ARIZONA 85003 JAMES E VIEH (602) 253 9700 SUSAN L ELKINS February 21, 1984 State of Arizona Department of Liquor Licenses and Control 1645 West Jefferson , Suite 227 Phoenix, Arizona 85007 Re : Series 6 Liquor License Larry and Rita Laird Gentlemen: In the absence of Attorney Ken Fields from his office , the undersigned is writing this letter on behalf of Larry and Rita Laird . This letter is to put your department on notice that Mr . and Mrs. Laird have not transferred , and have no intention of transferring , the Series 6 Liquor License which they hold . Do not accept any transfer of this license without first contacting Mr . Ken Fields , 252-8092. Upon information and belief , we want to inform you that one Thomas J. Malloy is attempting to acquire the liquor license without the consent of Mr . and Mrs. Laird . We do not want this to take place under any circumstances. Thank you for your anticipated courtesy and cooperation. Very truly yours , CAMPANA AND HORNE, P.C. Susan L. Elkins SLE:lj cc : Mr . and Mrs. Larry Laird City of Apache Junction ROLL CALL VOTE SH ET NOTES (:))/let1 , 1# °Ira 000:0)\b? M . e ITEf1 # MEETING OF (MOTION BY: SECONDED BY: Y S NO ABSTAINED VICE MAYOR FTDSON f _COUNCILMAN. STEELSMITH ' V COUNCILMAN TAYLOR _ 1/4/ COUNCILMAN HTI L _COUNCILMAN SHANKS _ ,COUNCILMAN DAMIANO , i . _MAYOR CLARKE _ _ UNAN I'IOUS , IN FAVOR OPPOSED I ABSTAINED TOTAL _ ?y`.A J.i't�C�'!'�Crm''3'b v.+ '� -ro+ " Ttii, . { - `0• �► .. • _ ni. ITEM NO . 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE , SUBMITTED BY MR . HOWARD KELLER AGENT FOR THE CACTUS CLUB , BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR APPROVAL As+. ••• - _ ' _ - _ • ITEM NO . 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE , SUBMITTED BY MR . HOWARD KELLER AGENT FOR THE CACTUS CLUB , BE AND HEREBY IS RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL . FOR DENIAL ini(ts)ACI- \\ t S . iV r• l LO -1P>=zo - pity et pache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT January 20, 1984 Approver for Agenda Date item # First Reading (-(/t (1c Second Reading - :( MEMORANDUM TO• THE HONORABLE MAYOR AND CITY COUNCIL ✓ Public Hearing THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ -ZOId Business ACTING PLANNING DIRECTOR / New Business / Consent Agenda PREPARED BY: JULIE A. REID, PLANNING TECHINCIAN. ' 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 ) . 011.4. 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 'lmbk 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 of the West z of the West of the Northeast 1 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 of the West of the West / of the Northeast ; of said Section 29, thence SOO° 01' 22" West along the East line of the West I of the : r West z of the West 2 of the Northeast 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 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. 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 z a period not to exceed six (6) months, or by both such fine and , - imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE - JUNCTION, ARIZONA, THIS DAY OF , 19 . _ Wendell J Clarke Mayor ATTEST Kathleen Connelly City Clerk • APPROVED AS TO FORM Davi A exanetrcr City Attorney PZ-43-83 PROPOSED REZONING FROM CR-3 SINGLE RESIDENCE TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT -di- 80' PD3 • SIERRA ENTRADA o GARDEN HOMES WEST BROADWAY AVENUE GR TH GR !!////////////////// f'2 PROPOSED SUNRISE - N PHASE II (TH/PD) W, 12TH AVE 3 I cn c�cnz ccwo t- zcnz ¢w� .. f-5 0' N EXISTING ZONING SUBJECT SITE SCALE. 1" = 300' 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 and Dennis Eardley ALSO KNOWN AS ORDINANCE NO 232 , Amok 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. The applicant complete all corrections and/or additions as noted by the DCC. 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.) 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 0.. 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 Eard ey, Developer 325 East Southern Avenue Tempe, Arizona DE/tk 2/21/84 /\ WE, THE UNDERSIGNED BY THE SIGNING BELOW REMOVE OUR SIGNA- TURES FROM THE PROTEST PETITION AGAINST SUPERSTITION SANDS R.V. RESORT AND ANY FUTURE PROTEST PETITIONS THAT MAY ARISE FOR THE SUPERSTITION SANDS R.V. RESORT ON 12TH AVE. PPROVED 'APPROVED APPROVED APPROVED • These signatures did not appear on the original protest petition. &"/ City Clerk • 2/24/84 2/20/84 We, the undersigned by the signing below remove our signatures from the protest petition against Superstition Sands R.V. Resort and any future protest petitions that may arise. A V?ovd Approved Approved Approved March 5, 1984 Michael J. Perkins Sandra L. Perkins 1486 S. Buena Vista Drive .m. Apache Junction, Arizona 85220 ORDINANCE #232 OPPOSITION Mayor Wendell Clarke and City Council Members City of Apache Junction 1001 North Idaho Road Apache Junction, Arizona 85220 Dear Mayor and Council Members: This letter is to inform the City Council and Mayor of Apache Junction that we as property owners near the 10 acres of land adjacent to the San Marcos and Broadway Streets, are opposed to rezoning from a single-family dwelling zone to the proposed zoning for trailers. It concerns us that traffic will increase more than it already has with the trailer park across from us now. Property value is of great concern to us and having children leads us to hope for either more family units or possibly even a city park to enhance the neighborhood. The other alternative would be for condominiums. Anything, but more trailers. Thank you. Sandra L. Perkins Michae Jo Perkins slp ROLL CALL VOTE SHEET NOTES 1 1 1 4 )/(\/c 9%r ITEf1 # g : MEETING OF 3//, MOT I ON BY : 111_0So SECONDED BY: clOY ---' Y NO ABSTAINED COUNCILMAN SHANKS . . COUNCILMAN DAMIANO /1/ COUNCILMAN STEELSMITH /ICE MAYOR EIDSON V - - I / COUNCILMAN MAN TAYLOR `-// COUNCILMAN HI L .MAYOR CLARKE UNANI1OUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES v /1)' ) (Ifitt) )c ITEf1 # MEETING OF MOTION BY: SECONDED BY: lAwbk-, YE NO ABSTAINED COUNCILMAN TAYLOR COUNCILMAN HILL COUNCILMAN SHANKSV///: VICE_MAYOR FIDSON COUNCILMAN DAMIANO _COUNCILMAN STEELSM.ITE MAYOR_CLARKF UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL rc r y4 5 r y:• ITEM NO . 8 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA, THAT ORDINANCE NO . 232 , BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 232 , BY TITLE ONLY FOR THE SECOND READING . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT 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 C-3 SINGLE RESIDENCE TO TRAILER HOMESITE BY PLANNED DEVELOPMENT ( TH/PD ) ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND PROVIDING PENALTIES , BE AND HEREBY IS APPROVED AND ADOPTED . FOR APPROVAL • y so»A«a.. "E ie.-3+i'r '" . y✓5:3'�,ahtr... --:yr+'t 1_^, "t'rae,,,#l':X¢ ie.'e ^;...,'�','"'- • ITEM NO . 8 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 232 , BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 232 , BY TITLE ONLY FOR THE SECOND READING . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT 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 C-3 SINGLE RESIDENCE TO TRAILER HOMESITE BY PLANNED DEVELOPMENT ( TH/PD ) ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND PROVIDING PENALTIES , BE AND HEREBY IS DENIED . FOR DENIAL ,r. Alr PeaCwF Mt 17, 200% � o I'Jachc tenction Approver for Agenda February 23, 1984 First Reading 9D Second Reading Public Hearing MEMORANDUM TO: , HONORABLE MAYOR AND MEMBERS OF THE CITY-COT11 t.AiL usiness THROUGH: -,ICITY MANAGER New Business DIRECTOR OF PUBLIC WORKS �� _,,,..Consent Aged FROM. CITIZENS ADVISORY COMMITTEE ON CABLE TELEVISION 'S REGARDING. FINAL REPORT AND RECOMMENDATIONS OF THE CITIZENS ADVISORY COMMITTEE ON CABLE TV (AGENDA ITEM) In January 1983, the subject committee was formed at the request of the City Council . The purpose of the Committee was to: 1 . Write an ordinance to cover the construction, maintenance and operation of a cable communication distribution system within the City. 2. Prepare a Request For Proposal (RFP) to facilitate the mechanics of selecting a licensee. 3. Evaluate the RFP's and recommend to the City Council a cable company as recipient of the City's license. AMik The RFP was presented at the October 13, 1983, Council study session. The proposed Ordinance was presented to the Council on October 18, 1983. Of some twenty companies contacted, two companies responded to the RFP: DCA Cable- vision of Phoenix; and Dowden Communications, Inc. of Atlanta, Georgia. After careful review of the submitted RFP's and personal presentations by representa- tives of each company, it is the unanimous recommendation of the Citizens Advisory Committee and their consultant advisor that Dowden Communications, Inc. be contacted to schedule contract negotiations. If agreement cannot be reached, it is recommended that negotiations be terminated with Dowden Communications, Inc. and initiated with DCA Cablevision. The Committee further recommends to the Mayor and Council that the Cable Communications Advisory Commission be activated to insure that adequate supervision of this project may continue. 1001 NORTH IDAHO e APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 Final Report and Recommendation of CATV Committee February 23, 1984 A further recommendation is the dissolution of the Citizens Advisory Committee on Cable Television as the original purpose has been fulfilled. Respectfully submitted. Committee Members Jack Barrett, Chairman Thomas Harpin Kermit Bressner Ray Johnson Glenda DeBondt Evelyn Goodwin Richard Lagesse Attachments: Applications: Dowden and DCA Consultants evaluation Estimated Revenue Schedule RWB:sh Ref: 105.01 Ott , ' fi. ESTIMATED REVENUE PROJECTIONS (Dowden Communications, Inc ) TYPE OF YEAR RESIDENTS 1 2 3 4 5 6 7 8 9 10 TOTAL $ $ $ $ $ $ $ $ $ $ $ TEMPORARY -0- 80,405 147,425 163,585 188,545 204,995 221,410 251,555 272,230 292,940 1,823,090 PERMANENT 72,275 519,215 810,575 926,295 1,103,905 1,202,040 1,285,385 1,477,140 1,568,920 1,663,750 10,629,500 TOTAL 72,275 599,620 958,000 1,089,880 1,292,450 1,407,035 1,506,795 1,728,695 1,841,150 1,956,690 12,452,590 INCOME TO APACHE JCT. @ 3% 2,168 17,988 28,740 32,696 38,773 42,211 45,203 51,860 55,234 58,700 373,577 @ 5% 3,613 29-,981 27,900 54,494 64,622 70,351 75,339 86,434 92,057 97,834 622,629 ROLL CALL VOTE SHEET NOTES ilii .... jfif , • ITEM #_ 0(11v),,, MEETING OF jk MOTION BY: SECONDED BY : n0614()P1L'. Y S NO ABSTAINED mum CII MAN I \MIANO /I COUNCILMAnN HILL kii COUNC I_LEAN_TAYLOR ,.LQUNC II MAN .SHANKS i/ICF MAYOR EIDSON .COUNCILMAN. STFFI SMITH. j MAYOR CLARKE _ , _1 UNAN .".OUS , IN FAVOR OPPOSED . ABSTAINED TOTAL i+• • • ':'z: w- Ys ;-iw-wry t:�1.c s ti:�"e ry.. ZY .sgSX7�c•35' a ±:-T+,m `:':w6 C .Yycr..91i s_`:o —�.v,. - �' _ • - c-a _- ITEM NO . 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO INITIATE COORDINATION WITH REPRESENTATIVES OF DOWDEN COMMUNICATIONS , INC . , IN ORDER TO PREPARE NECESSARY DOCUMENTS FOR THE CONSIDERATION OF A CABLE TELEVISION LICENSE ENABLING ORDINANCE . BE IT FURTHER RESOLVED THAT THE CITIZENS ADVISORY COMMITTEE ON CABLE TELEVISION BE DISCONTINUED , AS THEIR CHARGES HAVE BEEN FULFILLED. PeACHF ✓ �' F r eir, ��o O ro} p 0 '''.-. ,•,''''' 14t''a z 5 'IR/ZONP ` its o pache cOunction February 27, 1984 MEMORANDUM TO: HONORABLE MAY AND MEMBERS OF THE CITY COUNCIL THROUGH. CITY MANAGER / FROM: CITY CLERK 02 SUBJECT: INTERGOVERNMENTAL AGREEMENT 'WITH PINAL COUNTY FOR MAY 15TH SPECIAL ELECTION As witnessed by last May's General Election, use of the services provided by the Pinal County Elections Department saves the City considerable time and a great deal of money. I am again recom- mending that we again use the services provided by County Elections Director Gilbert Hoyos and his staff for the May 15th Special Election on the one-time budget override. Attached is a copy of the intergovernmental agreement between the City of Apache Junction and Pinal County. Since it is impossible to determine the actual cost of the election at this time, I am recommending that the agreement be approved for a total cost '" not to exceed $3,000.00. This agreement appears on the agenda at this time so that the Pinal County Board of Supervisors has sufficient time to act on it in advance of the elections schedules that must be followed in order to comply with State law. kmc � Approver for Agenda / --'e----' a}e Item # First Reading 3�/ y _ �� S::cand Rz ading M Public Hearing ___ Old Business ✓New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 1 INTERGOVERNMENTAL AGREEMENT PROVISION OF SERVICES BY THE 2 PINAL COUNTY RECORDER AND THE PINAL COUNTY ELECTIONS DEPARTMENT 3 4 THIS INTERGOVERNMENTAL AGREEMENT is entered into this 5 6th day of March , 1984, between PINAL COUNTY , a poli- 6 tical subdivision of the State of Arizona , hereinafter referred~ 7 to as COUNTY, and City of Apache Junction, Arizona 8 , hereinafter referred to as CITY/TOWN . 9 WHEREAS . 10 1 . A. R . S. § 11-952 allows public agencies to contract 11 for services and enter into agreements ; and, 12 2 . The CITY/TOWN is allowed under A. R. S. § 13 to hold special elections ; and , 14 3 . The COUNTY is authorized , pursuant to A. R. S. §16-172 , 15 11-251 (3) and 16-511 , et seq . , to perform services concerning 16 elections; and, 17 4 . The COUNTY and the CITY/TOWN have determined that 18 the use of the services of the Final County Elections Department 19 is in the public interest , and the COUNTY agreeing to provide 20 such services . 21 NOW, THEREFORE , in consideration of the mutual 22 covenants and stipulations set forth herein, the parties agree 23 as follows : 24 SECTION 1 . PURPOSE. 25 The purpose of the Agreement is to secure the services 26 of the COUNTY , as enumerated in Section 2 , for the preparation 27 and conduct of a Special Election , to be held May 15, 1984 . 28 and . 9 -- , respectively. Aft. Ask 1 SECTION 2 . SERVICES TO BE PERFORMED BY COUNTY : 2 The COUNTY agrees to : 3 A. Prepare ballot formats for the CITY/TOWN to be 4 approved by the CITY/TOWN Mayor and Council . 5 B . Provide the sample ballots with the CITY/TOWN 6 measures ' positions according to precincts within the boun- 7 daries of the CITY/TOWN. 8 C . Provide sample ballots for public distribution and 9 issue same through the CITY/TOWN . 10 D . Provide punch card ballots to be used in each jj precinct which will allow qualified electors to vote for the 12 CITY/TOWN measures . 13 E. Provide copies of precinct registers of qualified 14 electors for precincts contained partially or wholly within 15 the CITY/TOWN limits. Said registers shall be prepared from 16 the Voter Registration records of the County Recorder . 17 F . Cause the precinct election boards to utilize the 18 copies of precinct registers, prepared from the records of the 19 County Recorder , for the purpose of identifying the electors 20 qualified to vote in the Special Election to be held 21 May 15, 1984. and , 19 __ . 22 G. Tally official results of the election, utilizing 23 paper ballots or electronic ballot counting equipment as 24 mutually agreed upon between CITY/TOWN and COUNTY. 25 SECTION 3 . OBLIGATION OF CITY/TOWN : 26 The CITY/TOWN or designate thereof agrees to : 27 A. The CITY/TOWN Clerk shall inform the COUNTY in 28 writing of the last date on which a person may register for 2 . 1 the CITY/TOWN Special Election . 2 B. Provide the Elections Department with a certifica- 3 tion of the measures to appear on the official ballot for the 4 Special Election. 5 C . Provide a certified list of measures and the order 6 of appearance of the measures to the Elections Department by 7 , 19 8 D . Provide secure site( s) for locating ballot counting 9 equipment , if said equipment is utilized , and proper electrical 10 circuitry for using said equipment . 11 E . Pay to the COUNTY, on a reimbursable basis , all 12 costs of personnel , election materials and supplies expended by 13 the COUNTY pursuant to this Agreement . Said payment will be 14 made by the CITY/TOWN to the COUNTY within fourteen (14) days 15 after presentation by the COUNTY of demand for said payment . 16 F . Provide the CITY/TOWN limits within 17 days of the election . 18 SECTION 4 . MANNER OF FINANCING AND BUDGETING : 19 Each party represents that it has sufficient funds 20 available in its current fiscal year budget to discharge the 21 funcing obligation imposed by this Agreement , and agrees that 22 such funds shall be solely available therefor . 23 SECTION 5 . TERMINATION : 24 This Agreement shall terminate upon all matters con- 25 nected with the election being resolved , legal challenges 26 excepted , or upon written notice by either party to the other 27 within 30 days of the effective date of this Agreement . Should 28 the elections herein be challenged or questioned for any reason 3 . 1 whatsoever, then in such event , the CITY/TOWN shall be solely 2 responsible for defending, legally or otherwise, said elections . 3 SECTION 6 . INDEMNIFICATION OF COUNTY : 4 The CITY/TOWN further agrees to indemnify, to defend 5 and to hold harmless the COUNTY, a body politic , including but 6 not limited to , all of its agencies, and personnel thereof , 7 from any and all actions , causes of action, claims , demands, 8 damages, costs, expenses, attorneys fees, on account of , or in 9 any way growing out of an accident , incident or occasion which 10 might arise as a result of this Agreement , except those 11 arising from the sole negligence of the COUNTY. This provision 12 extends to legal challenges which may arise from the COUNTY' s 13 participation in the election. 14 The CITY/TOWN specifically agrees to insure and in- 15 demnify the COUNTY against any and all damage or loss to any 16 of the electronic ballot tallying equipment or other COUNTY 17 property which may occur due to the fault or negligence of any 18 person other than the COUNTY. The value of the electronic 19 ballot tallying system is hereby agreed to be the then current 20 cost of similar new equipment . Further, it is hereby agreed 21 by and between the COUNTY and the CITY/TOWN that in the event 22 it is necessary to repair the electronic ballot tallying 23 equipment , such repair will be done under the supervision of 24 qualified COUNTY personnel , for which the CITY/TOWN agrees to 25 reimburse the COUNTY for its actual costs incurred. 26 SECTION 7 . EFFECTIVE DATE AND TERM OF AGREEMENT : 27 This Agreement shall be effective after filing same 28 with the Pinal County Recorder pursuant to A. R. S . Section 4 . 1 11-952(F) , and shall terminate as provided in Section 5 . 2 SECTION 8 . EQUAL EMPLOYMENT OPPORTUNITY : 3 The COUNTY will comply with applicable Equal Employment 4 Opportunity Contract enactments . 5 SECTION 9 . SEVERABILITY : 6 If any provisions of this Agreement or application 7 thereof to the COUNTY, CITY/TOWN, person or circumstances is 8 held invalid , such invalidity shall not affect other provisions 9 or applications of this Agreement which can be given effect, 10 without the invalid provision or application and to this end 11 the provisions of this Agreement are declared to be severable. 12 IN WITNESS WHEREOF, the parties hereby have executed 13 this Agreement on this day of , 19 . 14 PINAL COUNTY BOARD OF SUPERVISORS 15 By: 16 Chairman 17 By : Pinal County Recorder 18 ATTEST : 19 Clerk, Board of Supervisors 20 APPROVED AS TO FORM: . 21 22 Civil Deputy County Attorney 23 CITY/X tgpV of Apache Junction, AZ 24 By : Mayor 25 ATTEST : 26 City/tWn Clerk of Apache Junction, AZ 27 APPROVED AS TO FORM : 28 i y/Town Attorney 5 . ROLL CALL TE SHEET I ` NOTES 63 , \\ , ` 1 1� ITEM # I ,1r 5/(g MEET OF MOT ON BY: SECONDED BY: /YES NO ABSTAINED COUNCILMAN STEELSMITH C,OUNCI LM.AN SHANKS COUNCILMAN HILL COUNCILMAN TAYLOR CO UNC I LMAN DAM IANO VICE MAYOR EIDSON MAYOR CLARKE UNA^ PIOUS IN FAVOR OPPOSED ABSTAINED TOTAL it -x3C4a�ary?3�C+,..,' ..> .;w-t rr r..r, _ ,ryi. $'A7•.a' '1.37-•i,'"M1n'r'�.'-xa`"`'__�:'��.�..,.;t"r r ITEM NO . 10 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY , TO PROVIDE SERVICES AND SUPPLIES NECESSARY FOR THE MAY 15 , 1984 , SPECIAL ELECTION , IN THE AMOUNT NOT TO EXCEED $3 , 000 . 00 , BE AND HEREBY IS APPROVED. iti c: pache G` unciivn INTERDEPARTMENTAL MEMORANDUM // Approver for Agenda 41 DATE: 2_28_84 to Item # First Reading `3(Q a. 8 TO: City Manager Second Reading Public Hearing FROM: Operations Superintendent old Business New Business SUBJECT:Wheel loader purchase Consent Agenda The information below contains the requested information on the loader I am requesting the City purchase. List price including requested options: $81,373.00 State bid including requested options: 43,373.00** Savings to the City 38,000.00 **This price is only good thru March 15,1984. The City could use a lease purchase plan to purchase the loader. I discussed the purchase with Charlie Hopkins of Rauscher, Pierce, Refsnes, Inc. and he gave me the following information: Plan Monthly payment 5 year lease/purchase $950.00 4 year lease/purchase $1127.00 3 year lease/purchase $1425.00 At this time all I am requesting is the permission to proceed with the notification to the company that we do want the loader. The delivery date would be the first of May. Attached you will find the spec sheet on the loader. J 1 Case Construction Equipment TENNECO A Tenneco Company Division 700 State Street Racine, Wisconsin 53404 November 17 , 1983 Mr John Orr Case Power & Equipment 1411 North 27th Avenue Phoenix, Arizona 95009 Subject State of Arizona Bid Number A4-00249 for 13 plus W20C Wheel Loaders . Dear Mr Orr Please find below the information concerning the subject bid We are prepared to deliver the following- . 1 437 W20C 2 C W20C Loader 3 . B 2 Spool Valve 4 A No Backhoe 5 B Fenders 6 . C Rops Cab 7 C Wheels 17 . 5x25 8 J Tires 17 5x25 12PR L3 9 C 2 cubic yard bucket 10 . A No rear mounted Attachment 11 LB Automatic return to dig LC Automatic height control MN Manual auxiliary steering TF Turbo - normalizing TN Backup Alarm TO Cold Start Aid TK Light Package TX Drive line guard TS Spark arresting muffler MG Gauges MC Suspension seat TL Hood side panels MJ Lockup package e?udG 5,oOI ./ CC Turn Signals /W¢rcl lQcPc, CB Heater CL Defogger MD Tire inflation kit -..-•••••••‘. .",•;0.• '45,i';,•6 ::i,••;••4„1-•".••••'•.;-•..;.•••'. ‘' ' ''..• :... ' •'.....:''1'4'?-1,:,.r-tt-tig411E,Vitrit&I,Ste*MiliNAVA,,itIlt$3./44•45.1-17-,3,01;f01XX440,0V,*' fl 7.:...,.-.,•:-Z.*:•,4-'..;;" ''':'•'',...:;:.' '...,.."1-1......!f/t4Vitsii-f•AA....•;:-..1,. 7. 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(602)269-3221 Res (602) 964-9528 t 1 1 „, al:III r ' tai A v ••s ! ^ VM " CASE II { ,.' �}1 t�4i.>, �, / aa . ;:f..21.., .., E o . -1 4 . .. : * i fib 3 w * v m \ : ' 4,.....,14•0:./ " * I y 110 012 kW) NF.r Ft Y'JI-1F EI. 111)1, i='1 i s IN-1.INF LOADER LINKAGE Case 504 in3 (8259 cm3) diesel engine All linkage mounted in line with the loader lift arms for Flit t i}1111�FRStIII I TRANSMI`;',++ i good visibility to bucket work area Four speeds forward two reverse Alf; tiYDRAUUC BRAKES SINGE-F L EVER '.HIF1 CON mi.)), Four-wheel caliper disc Modulated transmission clutching for fast, smooth, on l ONG 108' (2 74 m) WHEELBASE PLUS the go directional changes 40 ARTICULATION 1 WIN l'19R1N1 1()ROUE CONift Fz Combines operational stability and balance with excel- Automatically shifts to meet changing load demands lent turning radius for optimum cycling productivity i:f 'iT4 R PIVOT STEER FROM FMIN F. rt OPF rig,TCis i ,. .;?p e, NIAllows rear and front tires to track at all times Visibility controllability, serviceability, comfort and noise reduction Unit shown is equipped with non standard items J I Case TENNECO Tenneco Company Construction Equipment Division 700 State Street Racine, WI 53404 U S A • r• W20C SPECIFICATIONS • (front and rear) Front axle fixed Rear axle oscillates up or down 12° 24° total ENGINE oscillation One wheel can drop 16" (406 mm) with all wheels Make and model remaining on the ground for maximum traction Axle shafts may be Case A504BD removed without disturbing the wheels or planetaries Fuel Diesel Maximum rated horsepower , (1) Gross 123(rr 2200 rpm Torque proportioning differentials, front and rear for maximum (91.7 kW in 2200 rmin) traction (2) SAE net 110 or 2200 rpm (82 kW rrr 2200 rmin) Torque maximum Ibs-ft Gross 375 Gr 1400 rpm Air over hydraulic 4 wheel caliper disc Air actuated mechanical /iak, (508 4 Nm iu 1400 r min) parking brake Automatically sets if air pressure drops below Net 360 lit 1400 rpm effective operating level Red warning light indicates when parking (488 1 Nm rrr 1400 r min) brake is engaged Cylinders, number(valve-in-head) 6 Bore and stroke 4 6"x 5" '1 (117 min x 127 mm) Center pivot articulated design with hydrostatic power steering Front Displacement \ 504 in'(8259 cm'} and rear wheels always track j Air cleaner(with service indicator) ' Two element dry type Steering angle each direction from center 40° Oil filter Full flow type Steering pump 23 gpm Or 2200 rpm (rr, 2000 psi (87 lit Thin (n 2200 r'min of 13 790 kPa) (1) Manufacturers rating of m.ixirnuni ()WW1() horsepower at flywheel per Steenng cytext('rs 3"die x 15"stroke SAE J270 (76 mm dia x 381 mm stroke) (2) SAE net flywheel horsepower of engine as applied to this vehicle when Turning circle outside tires 32'7"(9 93 m) equipped with operating accessories per SAE 270 . - ( .4 ,TEM Cylinders Double acting with hardened and chrome-plated rods to in- -, i i:, crease strength and resist corrosion 11-; Lift(2) 5"dia x 30 1"stroke E r''i'a° I I (127 mm dia x 764 mm stroke) 60 (488 11- - Bucket(2) 4"dia x 28 35"stroke W r46i o). - (102 min dia x 720 min stroke) a (433.9 - "(96.9) Pump Dual stage, gear-type, engine-driven 48 gpm (a 2200 rpm (a o (406 b)' - 2150 psi(182 Id'mrn or 2200 r: in or 15 168 kPa) less) x Control valve.Open-center series parallel circuit _ T _'��__ _„0 Hydraulic lines Steel tubing with brazed fittings and wire braid, high- (e2o) a pressure hose with swaged fitting 6: ,-____- __ __ter_ __. __ ____-_ __ ,00 o Reservoir Closed, positive air pressurized reservoir insures exclusion °Y 36_ (7") = of contaminants and positive input flow to pump All hydraulic oil passes 6 (13.9) >iY 37 _ _ ,o < through two 10 micronic filters,furnishing clean oil to all components of 42a 113.5)>6 —j67' m the hydraulic system 0^m ni 5 , , t so Hydraulic cycle time m 1200 1400 1600 1800 2000 2200 rs9.2' (Rated load in bucket) Seconds ENGINE SPEED-RPM Norm) Raise 6 1 EA' MOwi Lower 3 5 Dump 1 7 Total 11 3 r 1 t ,- .,'!;t"ri ' . Voltage 24 volt '` i'' : i `, Standard alternator 40 amp U S Gals Litres Batteries (2) 12 volt Fuel tank 50 189 System protected by circuit breakers Hydraulic system 31 117 Transmission and torque converter 10 38 Engine crankcase . 4 25 16 1 RC"r :. `;1" :... (with 17 5 x 25 tires) Differentials and final drives Front 4 5 17 1st 2nd 3rd 4th Rear 4 5 17 mph km/h mph km/h mph km/h mph km/h Cooling system 13 49 Forward 3 7 5 95 7 5 12 07 12 0 19 31 23 3 37 49 Reverse 4 7 7 56 9 7 15 61 Specifications herein are in accordance with all Society of Automotive i i r. ill', i Engineers standards(SAE) The applicable Loader Standard is SAE J732C Four speeds forward two speeds reverse, powershift Single lever control Modulated clutching Transmission shifts automatically from first to second and third to fourth f• i . Twin turbine integral with transmission 6 97 to 1 0 stall ratio 1 Varies with tire size refer toII - OVERALL operating dimensions HEIGHT I I 0 Varies with bucket size refer to �^ performance specifications / r% -7ti — — / .' 41__b_ ',_a I - - ry____ I r� — 10 3" k ,y 45" •, Y (312m) 0 t mot' 1-- 41.** •___1175 � re\\ IN I (3.54 m) 1 �,ri� ir� • 7 °--- CL11 EARANCEell 0 MI-- � 45 t . 54"(I 37 m) DIGGING DEPTH GROUND CLEARANCE ..-•108 12 74 m) 3.3 (84 min) ( 17"(432 mm) .-------- OVERALL LENGTH,, i PERFORMANCE SPECIFICATIONS —Loader ratings are governed by SAE J732C and 742E BUCKET TYPE—Capacity (,r,•it-rtr,lnitro',)' 0+,1-ir kv ilr2IA' I IN I SAE Rated(nominally heaped) 1 75 yd'(1 34 m'3) 2 0 yd'(1 53 m') 2 5 yd3(1 91 m') 1 5 yd'(1 2 m') 1 75 yd'(1 34 m3) Struck 1 41 yd'(1 08m') 1 63yd'(1 25 m') 2.07yd'(1 58m') 1 29yd3(1 0m3) 1 41 yd'(1 08m3) Cutting edge width 94 6'(2 40 m) 94 6"(2 40 m) 94 6"(2 40 m) 95 6'(2 47 m) 95 6'(2 47 m) Weight 1350 lbs(612 kg) 1400 lbs)635 kg) 1450 lbs(658 kg) 1900 lbs(862 kg) 19501bs(885 kg) Dump Clearance tu45°Dump—Full Height 92"(279m) 9'0"(274m) 8'8"(264m) 90"(274m) 9'0"(274m) 0:14 , .;-41<°!6`t`v_ ' -• ln' • ,' ry 117r :' rtkM- 't4Yw',,ET.AZ 11- 7'ft , Bucket Reach 6/7'(2.13 m)Clearance 8,45°Dump 4'4"(1 32 m) 4 5'•(1 35 m( 4 7"(1 40 m) 4'6"(1 37 m) 4'6"(1 37 m) .";r 74#T y1 t'tfaillt _4 .� v .�tr1` t"a K yn 2 k �a� 91's � i , �r Overall Length 20'1"(6 12m) 20 4"(6 20 m) 20'9"(6 32 m) 20 7"(6 27 m) 20'7"(6.27 m) .. ima X ' ` s � +J�ft,4 5„• .<'Y-.w tr1 .1�kR+i k}ti p.„.' -v - �Ta :._ .9e SAE Breakout Force,lbs(kg) 22.440(10 179 kg) 20 438(9271 kg) 17 572(7971 kg) 21,628(9810 kg) 21 628(9810 kg) . 7' cif' ivy #: tW. `'s" Gat' . .d It '= a 35°Turn 16 117(7311 kg) 15,982(7249 kg) 15,664(7105 kg) 14 497(6576 kg) 14 455(6557 kg) t .ik `y a, w • �; r '� ,F`t44�' t .,!'.-f�}.°.' ����'�v?dtawr .. ��;_9 ,F'n.. }t f," "5;;�f� 1):-s�' s •1 ,1')' Operating Load,lbs(kg)" 7.837(3555 kg) 7 771(3525 kg) 7 617(3455 kg) 7 050(3198 kg) 7,029(3188 kg) .• • �' 1.? .. ..�P0 tb+Z w h1" 4.l,;id Ti.:,f.. 7. NMISIP7.a F :IS.n%. Hydraulic Lifting Capacity(a Full Height 12,335(5595 kg) 12 285(5572 kg) 12 235(5550 kg) 11 785(5346 kg) 11,735(5, j) t4.4r > . . K':z.+ d 4 'g. .t -7121% . 0t7 °1` r P:4T.T v #09 'Makrinir9 kgrik For select Berns add lu or deduct from Me macl uu op'idling weulld nut lllgnng loads-,s grvr"nn lh,churl hi low All,Innnensi ons:nuI specifications bawd upon and with 17 5 x 25 1 2 12PR Ives wilt,1218 lbs (55?kg)CaCI. solution In runt lures HOPS tab lender, hilly sr•,vu:,el.uvl with I i'r lb(/!1 kIp up"erdot Cunlrnuous ksads oxcaarhrul specduul raltul bum can Bind wrvx:u hh.III Mill 111111 Selected Items Operating Weight Adjustments Tipping Load Adjustments Straight 35°Turn 40°Turn lbs kg lbs kg lbs kg Ibs kg W/ROPS Canopy 530 240 -443 -201 443 -201 443 201 17.5 x 25,L2,12 PR 1218 -552 1752 -795 1594 -723 1547 -702 17 5 x 25,L2, 12 PR w/75%CaCl2 0 0 0 0 0 0 0 0 17 5 x 25, L3, 12 PR 1114 505 -1602 727 1458 661 -1415 -642 17.5 x 25,L3,12 PR w/75%CaC12 +104 +47 +150 +68 +136 +62 +132 +60 20 5 x 25,L2,12 PR 752 341 1383 -627 1288 -584 1259 571 17 5 x 25,XRAT 1" -965 -438 -1586 719 1447 -656 -1405 -637 . 17.5x25,XRAT1"w/75%CaCl2 +228 +103 +166 +75 +147 +67 +142 +64 20 5 x 25,XRAT 1" 159 -72 -1059 480 979 444 951 -431 Without Fenders -202 92 183 83 -171 78 168 76 OPERATING DIMENSIONS Tire Options 17 5 x 25 L2/L3 tires 17 5 x 25 X RAT 1'tires 20 5 x 25.L2 tires 20 5 x 25 X RAT 1'tires ^ Tread 73"(185m) 73"(185m) 755"(192m) 755"(192m) Width over tires 91"(2 31 m) 91"(2 31 m) 97 5"(2 48 m) 97 5"(2 48 m) Increase in vertical dimensions None None 2 1"(53 mm) 2 1"(53 mm) ROLL CALL VOTE SHEET NOTES ITEf 1 # C\ MEETING OF `/ 69 MOTION BY: SECONDED BY: rY, YENO ABSTAINED I E MAYOR a o ► •-• a NC I LMAN. STEELSM ITH o NCILMAn I TAYLOR COUNCILMAN HI1 I COUNCILMAN SHANKS 11/ _COUNCILMAN DAMIANO MAYOR CLARKE UNAN I ^OUS IN FAVOR OPPOSED I ABSTAINED TOTAL .+. i.. \ : � .?.,��-.--ir - �.G-. _, .��: +'.:`am ITEM NO . 11 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE LEASE PURCHASE OF A W20C WHEEL LOADER FROM CASE POWER & EQUIPMENT , STATE OF ARIZONA BID NUMBER A4-00249 , IN THE AMOUNT OF $43 , 373 . 00 , BE AND HEREBY IS APPROVED . ROLL CALL VOTE SHEET NOTES / ' of ()2 b jA,11 4 , i ITEM II MEETING OF MOTION BY: SECONDED BY : 9t/ht4/ YE NO ABSTAINED COUNCILMAN SHANKS COUNC I LMAf DAM IANO COUNCILMAN STEELSMITH VICE MAYOR EIDSON I COUNCIL M.A�, TAYLOR COUNCILMAN. HIS L _ .MAYO.R CLARKE UNAN I MOUS , I N FAVOR OPPOSED I ABSTAINED TOTAL • • - - - ;>3x se {2 'k .``r"s.e.�. yrw`.'s .f ,"x+•' � &..s 3. -"i, av , -yam, ITEM NO . 12 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT A WORK SESSION BE HELD ON MARCH 19 , 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 MARCH 20 , 1984 , AT 6 : 00 P .M. , IN THE CITY COUNCIL CHAMBERS . ( CH1> 3 + O o .,q l Z qR/ZONP' •Dity 4 (*ache 0,7unctzon DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT February 28 , 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/„( ACTING PLANNING DIRECTOR , , FROM: � JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: BOARD OF ADJUSTMENT MINUTES FOR YOUR INFORMATION Attached please find copies of the Board of Adjustment Minutes of January 9, 1984 and February 13, 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 TELEPHONE(602) 982 8002 BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA • JANUARY 9, 1984 700PM MINUTES Present Absent Guests Mr. Carter Mrs Luddy Patricia A Carter Mr Schmidt Miss Herington Anne Vader Mr Morrison Mr Berry Vice Mayor Eidson Mr. Gardom, Acting Chairman Mr Nakagawa, Acting Executive Secretary Mrs LeCount, Recording Secretary Synopsis Election of Vice Chairman Minutes of December 12, 1983 - approved as read BA-34-79 (Pihajlic/Vader) Permit Renewal - approved 1 Mr Nakagawa opened the meeting and asked for nominations for Acting Chairman. 2 Carter/Schmidt M/S to nominate Sam Gardom as acting Chairman of the Board of Adjustment. The motion passed 3-0-1, with Mr. Gardom abstaining. 3 Mr Nakagawa turned the gavel over to Mr. Gardom. 4 Chairman called for nominations of Vice-Chairman 5. Carter/Schmidt M/S "I hereby nominate Mr. Gardom to the - position of Vice-Chairman of the Board of • adjustment " The motion passed unanimously (3-0-0) 6 Chairman asked if there were any additions, corrections, or deletions to the Agenda dated January 9, 1984; there were none He then called for a motion • �� �� 7 Schmidt/Morrison M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, that the Agenda dated January 9, 1984, be accepted as presented " The motion passed unanimously (4-0-0) • 8. Chairman asked if there were any additions, corrections, or deletions to the Minutes dated December 12, 1983, there were none. He then called for a motion 9. Morrison/Carter M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, that the Minutes dated December 12, 1983, be accepted as read." The motion passed (4-0-0) p As ilk Page Two, Board of Adjustment Minutes - January 9, 1984 10. Chairman stated the next item on the Agenda was BA-34-79 (Pihajlic/Vader) permit renewal 11. Mr Nakagawa explained that little in the way of circumstances has changed since the last hearing on this matter and the terms of the permit have been complied with The father, John Pihajlic, still needs occasional medical attention and his daughter, Anne Vader, takes care of his %,.00 day-to-day household needs 12. Chairman asked the applicant to speak on the case. 13. Anne Vader explained that her father still needed care and she takes care of all his needs. 14. Chairman asked if there was any more discussion, there was none He then called for a motion. • 15 Carter/Morrison "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, that a nine-month renewable, and revocable permit be granted to the applicants in case BA-34-79, as a renewal to the permit issued on August 21, 1979, to permit two mobile home units on the subject property The Board is authorized to grant such a permit by Section 2403(h) of the City's Zoning Ordinance The following conditions are imposed upon • the temporary permit 1. Only the father will occupy the second unit. 2. This permit shall become null and void 1 upon the sale, lease, or rental of the f subject property 3. The applicant shall , by September 1, 1984, submit a letter requesting a renewal of this permit along with a letter from the father's physician attesting to the need for the daughter to attend to the father's living needs. 4 The applicant shall , by September 1, 1984, submit a list of property owners within 300 feet of the subject property from Pinal County's most recent Tax Assessor's maps and tax rolls. 5. This permit expires on October 21, 1984, unless renewed prior to that date The Board bases its decision on the following reasons. 1 The conditions of the original permit have been complied with 2 The applicant has demonstrated the need for a permit renewal " The motion passed unanimously (5-0) 16 Chairman there being no further business, the meeting adjourned at 7 15 p m Page Three - Board of Adjustment Minutes - January 9, 1984 Respectfully submitted, Jim Nakagawa ,..� Acting Executive c etary APPROVED m Gardom, cting hairman Board of Adjustment em) • ON i BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA FEBRUARY 13, 1984 7.00 P M MINUTES /111N - Present Excused Guests Mrs. Luddy Mr Morrison None recorded Mr. Nakagawa, Acting Exec. Sec Mr Schmidt Mr. Gardom Mrs Blatterspiel Mr Carter Mr. Berry Synopsis No quorum - Meeting continued to February 27, 1984 1. Mrs Luddy noting there was no quorum, she continued the meeting to Monday, February 27, 1984, in the City Council Chambers, at 7:00 p.m. The meeting adjourned at 7.01 p m Respectfully submitted, 'Clil.Z--,?"..- James A. Nakagawa Acting Executive cretary APPROVED: i 1 / F. Berry, aiming, :oard of Adjustment l } - PQACHE✓G ‘.6( li 1'nJ► 4.O .,tt:. COity o p gRiZoNP ac�ie unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT February 15, 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: MICHAEL J. McNULTY, CITY MANAGER/ dp ACTING PLANNING DIRECTOR . „ 1 1 , FROM: JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached please find copies of the Planning and Zoning Commission Minutes of January 24 , 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 TELEPHONE(602) 982 8002 PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA JANUARY 24, 1984 7 00 P M MINUTES Present Absent Guests : Mr. Rogers Mr Polomskey Councilwoman Taylor Mr Sansoni Councilman Damiano Mr Taylor Alfred Bellucci Mrs Conway Kenneth Ragan _ Mr. Vehon Keith Stachar Mr Sanchez, Chairman Bob Cosby Mr Nakagawa, Acting Executive Secretary Annabelle Richards Mrs. Samuelson, Recording Secretary Dorothy Sanchez Mr. Schoeph, Staff Dennis Eardley George Johnston George Johnston, Jr Synopsis Minutes of January 10, 1984 - approved as read PZ-45-83 (Proposed Ordinance No. 238) - recommended for approval. PZ-48-83 (Proposed Ordinance No 240) - recommended for approval PC-PZ-4-84 (Dunkel/Cosby) - recommended for approval PZ-49-83 (Kile) - Commission Initiative authorized. "'' _',-- -.... y-� PZ-53-83 (Stachar) - Postponed to meeting of February 28, 1984 I: 1. Chairman after the Pledge of Allegiance was recited, asked the recording secretary to call the roll 2. Mrs. Samuelson called the roll and determined that six members were present with one absent as noted above She informed the Commission that Mr Polomskey had a prior commitment 3 Chairman acknowledged the presence of Councilwoman Taylor He noted there was a quorum and called the meeting to order He called for discussion on the Agenda; there was none. He then called for a motion. 4. Taylor/Sansoni M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Agenda dated January 24, 1984, be accepted as presented " 1 The motion passed unanimously (6-0-0). 5 Chairman asked if there were any corrections, additions, or deletions to the Minutes dated January 10, 1984; there were none He then called for a motion. 6 Conway/Sansoni M/S "BE IT RESOLVED by the Planning and Zoning l Commission of the City of Apache Junction, -: Arizona, that the Minutes dated January 10, 1984, be approved as read." The motion passed unanimously (6-0-0) 7 Chairman opened the public hearing on PZ-45-83, Proposed Ordinance No. 238, rezoning from GR to CB-2 in Section 21 He asked for staff briefing. 8. Mr. Nakagawa briefed the Commission regarding the case, including the administrative data. A p Page Two - Planning and Zoning Commission Minutes - January 24, 1984 9 Chairman asked if the applicant would like to speak on the case 10. Alfred Bellucci stated that he owns the parcel in question and also the adjacent parcel which he had rezoned about two years ago He said that they agree to dedication of the fifty feet on Broadway ;z He added that his request was in conformance with the General Plan /llik 11. Chairman there being no one who wished to speak in favor or in opposition, asked for staff recommendation. 12 Mr Nakagawa stated that the DCC had no objections to the rezoning He said that the requested dedication of the west thirty-three feet would not be required. 13. Chairman closed the public hearing There being no Commission deliberation, he called for a motion 14. Taylor/Vehon M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-45-83, also known as Proposed Ordinance No 238, application of Al Bellucci and Ken Ragan for their property described as a matter of public record, requesting rezoning from GR General Rural to CB-2 General Business Zone, that the . _ Commission recommends to the Apache Junction City Council the approval of said application "Any stipulations or recommendations are- II The applicant dedicate the south fifty (50') feet of the subject property for public roadway and associated purposes "The reasons for the recommendation are: 1 The request does comply with the General Plan for Apache Junction 2 It is the best use of the property " .^ 15 Mr. Taylor added that when this case came before them for a Commission Initiative his objection was strictly technical He added that his objection was a technical objection to the zoning procedures, not for the best use of the land The motion passed unanimously (6-0-0). 16. Chairman recognized the presence of Councilman Damiano He then opened the public hearing on PZ-48-83, Proposed Ordinance No 240, rezoning from GR to CB-2 in Section 21 He asked for staff briefing [... 17 Mr Nakagawa briefed the Commission regarding the case, including the administrative data 18. Chairman asked if the applicant would like to speak on the case 19. Keith Stachar was acting as a representative for the owners He stated that they want to develop a commercial building with units for rent. 20 Chairman commented that the application states improvements are being engineered for tonite 21 Mr Stachar said that the developer did not get them to him. „ Page Three - Planning and Zoning Commission Minutes - January 24, 1984 22. Chairman asked what is to be done on the property. 23 Mr Stachar replied that part of the property will have a building with individual units for rent, such as plumbing shop, air-conditioning, etc 24 Chairman asked if anyone wished to speak in favor, there was no one. He asked if anyone wished to speak in opposition /0#4., • 25. George Johnston stated that he owns the Superstition Ranch trailer park which is adjacent to the site. He stated his opposition to having a metal building erected on the site and to any business such as a motorcycle shop which would increase the noise level for the residents of • his park. He explained how Colt Road had doglegged since the trailer sales went in and what a hazzard the road has become 26 Mr Taylor commented that the property along this area is commercial opportunity and that the Commission is looking for the best use of the property. • 27. Mrs. Conway asked Mr Johnston which property was his and if he was in the 300' area 28 Mr Johnston replied that he owns parcel #11 and yes he was within the 300' area. He added that construction should be restricted to a block building 29. Chairman asked if he had knowledge that a motorcycle shop would be going in on that property 30 Mr. Johnston replied that the owner is in this business now. 31. Chairman asked if anyone else wished to speak in opposition. 32. George Johnston, Jr stated that if the rezoning is approved, off- sites should be conditioned He commented on any building interfering with the sign for the trailer park being seen from the road. 33 Chairman stated that the Commission can only make recommendations on the land use question After further discussion on off-site improvements, asked for staff recommendation 34. Mr Nakagawa stated that the DCC did a study and looked at the problems with Colt Road, but it is needed as an access 35. Chairman asked if there was any rebuttal from the applicant. 36 Mr Stachar stated that the property is less than forty feet from the highway right-of-way He said that a metal building had been discussed by the developers who are in the process of designing the building at the present time. He added that they will comply with the City codes for off-sites 37 Chairman closed public hearing and called for Commission deliberation 38. Mr Taylor stated that it appeared to him that it was up to the developer for off-site improvements He added that it would be nice to know what will happen with the road eiN Page Four - Planning and Zoning Commission Minutes - January 24, 1984 39. Mr Nakagawa stated that a large project would require improvements on the frontage. 40. Mr Taylor requested that this information be provided on future cases 41. Chairman there being no further discussion, called for a motion. felliN 42 Vehon/Rogers M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-48-83, also known as Proposed Ordinance No. 240, application of Clyde and Elleanor Wyatt for their property described as a matter of public record, requesting rezoning from GR General Rural to CB-2 General Business Zone, 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 thirty- three (33') feet of the subject property for public roadway and associated purposes - 2 The applicant be required to do off-site improvements such as sidewalks, curbs, and gutters due to the dogleg on South mow _ Colt Road. "The reasons for the recommendation are 1 The request is compatible with other CB-2 uses in the area i! 2. The request is in compliance with the General Plan which allows property to be rezoned to Commercial in this area " The motion passed unanimously (6-0-0) 43 Chairman noted there were no Communications, Awards, or Presentations He said that under Requests From Other Agencies was a request from Pinal County for review of PC-PZ-4-84, application of W 0 Dunkel for rezoning from GR to CI-1 in Section 33. He asked for staff briefing. 44. Mr. Nakagawa briefed the Commission regarding the case stating that the City's General Plan designates the site as industrial. 45. Chairman asked if the applicant was present to speak on the case. 46. Robert Cosby stated he was representing the applicant. He said that the applicant is planning a complete industrial park. He added that this request complies with the City's General Plan and that the applicant is willing to dedications on Royal Palm, Winchester, and Baseline 47 Chairman there being no one to speak in favor or in opposition, asked for staff recommendation 48. Mr Nakagawa stated that the DCC found the request to be consistent with the City's Genral Plan, and that they would recommend that midsection and collector rights-of-way be dedicated and drainage off-site improvements be made 49 Chairman called for a motion. Page Five - Planning and Zoning Commission Minutes - January 24, 1984 50 Conway/Taylor M/S "BE IT RESOLVED be the Planning and Zoning Commission of the City of Apache Junction, Arizona, that PC-PZ-4-84, a request by W 0 Dunkel to rezone 22 5 acres in Section 33 from GR to CI-1, be recommended to the County of Pinal for approval "Recommended stipulations are. �„� 1 Applicant dedicate midsection and collector rights-of-way 2. Applicant make necessary drainage and offsite improvements "The reasons for the recommendation are 1 The request is consistent with the General Plan. 2 The request is compatible with the - surrounding area " 51. Mr. Vehon noted that as a member of the Economic Opportunities Action Team the rezoning would also be in compliance with their efforts to attract clean, light industries to the area The motion passed unanimously (6-0-0). g-w-. d_� 52. Chairman after a 10 minute recess, the meeting resumed at 8 17 p m He noted there was no Old Business, and under New Business was a request for a Commission Initiative in Section 18, PZ-49-83 He asked for staff briefing 1 53 Mr Nakagawa briefed the Commission. 54 Chairman after a brief discussion, called for a motion 55 Conway/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 Trailer Homesite Zone (TH) as requested by John and Alice Kile in case number PZ-49-83, for their property described as the west 100 feet of the east 200 feet �s� of the West f of the South f of the Northeast 4 of the Southwest 4 of the Southeast 4 of Section 18, 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 1 "The reason for this authorization is: 1 It is felt that the people endeavored to j to get the signatures, therefore, a ` Commission Initiative should be granted " 1 The motion passed unanimously (6-0-0) 56. Chairman asked for staff briefing on a request for a egs SL"C g.jtyic^'f pW'*'+:4'x;4.r,",K4l^+161,.+,,f=x'' Page Six - Planning and Zoning Commission Minutes - January 24, 1984 Commission Initiative in Section 18, PZ-53-83 57 Mr Nakagawa briefed the Commission. 58. Chairman asked for comments 59 Taylor/Sansoni M/S "to not authorize." 60. Mr Vehon stated that in reading Section 2802 he did not understand where there is room for interpretati He added that this allows for the opportunity for an individual to get a quicker hearing if the request is compatible with the General Plan He felt that it was not proper to turn down the request just because the situation is not cared for, and that it was not fair to turn it down just for that reason 61. Mr Taylor commented that the Ordinance has two methods and that for four years the signature method was used except for technical changes The motion resulted in a tie vote (3-3-0). 62 Mr Nakagawa said that the Commission's rules state that when a vote ends in a tie, the issue is to either be resolved or postponed to the next meeting. "` 63 Taylor/Sansoni M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that PZ-53-83 be postponed until the Commission's meeting on February 28, 1984, at 7.00 p.m., in these Chambers for a recommendation at that time " 64. Mr. Vehon did not believe that the work session scheduled for the 23rd of February would clarify this issue, only set options He felt it should be placed on the next agenda The motion to postpone passed 4-2-0, with Mr Vehon and Mr Rogers dissenting. el 65 Chairman asked if anyone wished to address the Commission I under Call to the Public, there was no one. He noted there were no Information and Reports There being no further business, he called for a motion to adjourn 66. Vehon/Conway M/S "to adjourn." The meeting adjourned at 11, -g_,'c a�~r u. 8:37 p.m. Recorded and Transcribed by 12eit ..Z d ctic a ,c� Margeiuelson, Recording Secretary Respectf lly Submitted by: L James A Nakagaw sting Executive Secretary APPROVED• en Sanchez, Chairman Planning and Zoning Commiss on CITY COUNCIL MOTIONS MEETING OF FEBRUARY 21 , 1984 ACTION MOTION ,AGENCY DISPOSITION THAT THE AGENDA BE ACCEPTED AS PRESENTED. (motion carried. ) Action Completed. THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A: PROPOSED ORDINANCE NO. 237, PZ-44-83, Letters to applicants 2/22/E ELSON, B: PROPOSED ORDINANCE NO. 225, PZ-47-83, SEATON, AND C: ACCEPTANCE OF MINUTES Quit Claims to be sent. Published FROM REGULAR COUNCIL MEETING OF FEBRUARY 7, 3/ . 1984, BE ACCEPTED AS PRESENTED. (motion C.C. Posted 2/23/844-3/5/84 carried. ) Planning THAT RESOLUTION NO. 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 SHIPROCK 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 DE- SCRIBED IN STREET ABANDONMENT CASE AB-83-21, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROAD- WAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED Letters to applicants 2/22/E AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, BE Certified Res. recorded. AND HEREBY IS APPROVED AND ADOPTED, WITH A C.C. Posted 2/23/84. TWO-YEAR REVERTER CLAUSE. (motion carried. ) Planning THAT A WORK SESSION BE HELD ON MARCH 5, 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 MARCH 6, 1984, AT 6:00 P .M. , IN THE CITY COUNCIL CHAMBERS. (motion carried. ) C.C. Posted 2/29/84. THAT THE MEETING BE ADJOURNED AT 8: 57 P.M. (motion carried. ) Action Completed. • rr. _ .:r;i :M:.. -f- ;O.+ ,.,>c-v« _ �:�.:-'`�i' - - ..:-c.-� - �,.:t3' ..?:. • /� • • f _ . ' • - t �*`,�:��''" '". ��as`-J a•,q.:Y, r '".� s'`o Y `' d �,ti•-t hr,,+a'as�-t-.�' "a�s� fi'.."x. �-'�y'�'=.. s:r.`d- te" s. 'max'"s'"Y y.*a,',_` `f`'� s.. - �� r 9,,,.. ITEM NO . 14 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE MEETING BE ADJOURNED AT P .M . ROLL CALL VOTE SHEET NOTES17W 1 � 1` r ITEM I/ cor,it_) MEETING OF MOTION BY : SECONDED BY: ti,ES NO ABSTAINED COUNCILMAN TAYLOR COUNCILMAN HILL COUNCILMAN SHANKS , VICE MAYOR FIDSON COUNCILMAN DAMIANO _COUNCILMAN STEELSii.ITk MAYOLCLARKF UNANI1 US 1 IN FAVOR OPPOSED ABSTAINED TOTAL .- . 1 17 Cbt/b CALL ROLL I SENT ABSENT I 10 iqc,_ 3141 ROLL CALL P E ,..... .�. T / !I W.S. ' C U MAYOR C�K t ✓✓/ ! VICE-MAYOR EIDSON ! V COUNCILMAN HILL ! I COUNCILMAN TAYLOR I COUNCILMAN SHANKS ii COUNCILMAN S I tt.LSMITH ; , i COUNCILMAN DAMIANO TOTAL f] IA ___ STAFF PRESENT W.S. MICHAEL J. MCNULTY J CITY MANAGER I CITY CLERK Kathy Connelly ✓j /,,. FINANCE CONTROLLER Keith Lewis ( , DIRECTOR OF PLANNING V DIRECTOR OF PUBLIC SAFTEY Bill McDaniel I • v DIRECTOR OF PUBLIC WORKS Rich Broman CITY ATTORNEY Mr. Alexander/Mr. Hirsch �� L� ECONOMIC DEVELOPMENT SPECIALIST John Sch oe h f U ROLL CALL 8'ibi tf,4i ROLL CALL IPRES NT ABSENT 1 i w. / w.s. -. (U MAYOR cum_ I VICE-MAYOREIDSON ! ;/ V COUNCILMAN HILL 7.1/ i l___ COUNCILMAN TAYLOR v te / COUNCILMAN SHANKS / I ' f _ COUNCILMAN SIftLSMITH i V i COUNCILMAN DAMIAPJ0 'I i TOTAL I Li 0 1 1 (121 gs/4 STAFF PRESENT Li/ q w. CITY MANAGER MICHAEL J. MCNULTY ✓ 1 CITY CLERK Kathy Connelly FINANCE CONTROLLER Keith Lewis $ (,A DIRECTOR OF PLANNING C� (- 1" / DIRECTOR OF PUBLIC SAFTEY Bill McDaniel DIRECTOR OF PUBLIC WORKS Rich Broman '/ v 5(11°)t - __ CITY ATTORNEY Mr. Alexander/Mr. Hirsch h 0 -- ECONOMIC DEVELOPMENT SPECIALIST John h t Schoeph V /4-97? 1-a-i-; 1/" li)t)AA VO1 oft 00m. CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: 1 ii7"�' �-f7 s DATE: 3- 6--g V ADDRESS: / AGENDA ITEM: CITY OF APACHE JUNCTION I REQUEST TO SPEAK NAME: rULQ,v..(� `J c c t,v2 t DATE: _7/ L J a 9 ADDRESS: I 5(.3O lIl/tak.- AGENDA ITEM: ( k C L CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: it) SINS MI DATE: 13/C rf ADDRESS: ,5cc) \v i StyetSI-I 110v Sp, 1 �i AGENDA ITEM• � n1 Amk Am CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: 4AA4 �i i� —t... .L (icy DATE: rC" g41 �j �/'� ADDRESS: ) C . �'g 1,0 , 4},,,9„-„Anne ca, A 1 , AGENDA ITEM: l � "4 a-rf ,evuy CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: lAntly 414,441.4w DATE: J / ADDRESS: /;5 3 l(� Z=A-4-116e �'`' , AGENDA ITEM: y/rai "^