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HomeMy WebLinkAbout1984 05.15 City Council Regular Agenda PQ�CHF ✓G U fil , Z� 'IR/ZONP cO i y o pac`%e &unction CITY COUNCIL REGULAR MEETING AGENDA MAY 15, 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. 252, PZ-1-84, Application by Ken Bakke and Mike Purcell to rezone 15 acre parcel, located at northwest corner of San Marcos Drive and 12th Avenue in ,^ Section 29, from GR General Rural to TH/PD Trailer Homesite by Planned Development. B. Proposed Ordinance No. 258, PZ-5-84, Application by ICAM Properties and Clara Carney to rezone 8. 9 acre parcel, located on west and east sides of Thunderbird Drive, 300 feet south of Apache Trail in Section 20, from GR General Rural to CB-1 Local Business Zone. C. Proposed Ordinance No. 263, PZ-10-84, Application by Donna and Robert Loewenstein to rezone 10. 8 acre parcel, located at northeast corner of Broadway and Ironwood in Section 20, from GR General Rural to Trailer Homesite Zone (TH) . D. Proposed Ordinance No. 264 , PZ-11-84, Application by Guy and Dorothy Ridenhour to rezone 1. 25 acre parcel, located on south side of Shiprock Street, 165 feet east of Main Drive in Section 18, from GR General Rural to Trailer Homesite Zone (TH) . E. Acceptance of Minutes from Special Meeting of April 23, 1984 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982 8002 F. Acceptance of Minutes from Special Meeting of April 30, 1984 G. Acceptance of Minutes from Regular Meeting of May 1, 1984 INTRODUCTION OF DISTINGUISHED GUESTS AND VISITORS AWARDS , PRESENTATIONS AND COMMUNICATIONS Presentation of Proclamation for Public Works Week Presentation of Proclamation for Older American ' s Day CITY MANAGER'S REPORT PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS (3) PROPOSED RESOLUTION NO. 84-19, DECLARING CABLE COMMUNICATIONS FRANCHISE PROPOSAL SUBMITTED BY DOWDEN COMMUNICATIONS AS PUBLIC RECORD (4) PROPOSED ORDINANCE NO. 281 , AMENDING CHAPTER 14, CABLE TELEVISION, OF THE APACHE JUNCTION CITY CODE (First Reading with the Emergency Clause) (5) PROPOSED ORDINANCE NO. 259, PZ-6-84, AMENDMENT TO LEGAL DESCRIPTION (First Reading as Amended with the Emergency Clause) (6) PROPOSED RESOLUTION NO. 84-6, AB-84-4, CASPER AND WRAY (7) REQUESTS FOR EXTENSION FOR PROPERTY CLEAN-UP, ARTICLE 9-2 OF THE CITY CODE (8) SPECIAL MEETING, MAY 21 , 1984 WORK SESSION, MAY 22, 1984 WORK SESSION, JUNE 4, 1984 EXECUTIVE SESSION, WORK SESSION, JUNE 5, 1984 (8b) AUTHORIZATION TO PURCHASE FIVE VEHICLES FOR DEPARTMENT OF PUBLIC SAFETY CALL TO THE PUBLIC (9) INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REQUESTS OF COUNCIL (10) ADJOURNMENT "THANK YOU FOR YOUR ATTENDANCE AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS." • p46" r '~ir . . +7 , • ,. • 'R�zk`i`�+� `t>5' a..¢rY.� 5-z#•r+ asa'�'.f.ra..e��` ,?-,.:- 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 . Pp ACHE G,y C� ! C•-4 U .Iz q,p/ZONP `Oil Cl (94pache &unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT April 11 , 1984 ' Approver for Agenda Date, Item # First Read:ng 3-/ ilcrz —,) -5_ —1;777— Second Reading MEMORANDU T THE HONORABLE MAYOR AND CITY COUNCIL _ ePubiic Heanng ! Old Business THROUGH: 'fit MICHAEL J. McNULTY, CITY MANAGER/ New Business } ACTING PLANNING DIRECTOR Consent Agenda FROM• . 1 JIM NAKAGAWA, ASSOCIATE PLANNER Mir- SUBJECT. REQUEST FOR AGENDA ITEM PZ-1-84 (PROPOSED ORDINANCE NO. 252) MAY 1 , 1984 - PUBLIC HEARING AND FIRST READING MAY 15, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case number PZ-1-84, Proposed Ordinance No. 252, is a request by the applicants Ken Bakke and Mike Purcell to rezone their property from GR General Rural to TH/PD Trailer Homesite by Planned Development. The applicants are proposing a 150-lot travel trailer resort, Phase II of Sunrise. The site is a vacant 15 acre parcel located at the northwest corner of San Marcos Drive and 12th Avenue in Section 29. It is — designated Medium Density on the General Plan. Surrounding land uses include travel trailer parks, vacant land, and houses. Other Information On February 28, 1984, the Planning and Zoning Commission authorized a Commission initiative for a public hearing on this case. Development Coordinating Committee (DCC) Comments The proposed density would be 20 persons per acre which would comply with the General Plan. If a decision is made to recommend approval of the proposal , the Planning and Zoning Commission must find that this Planned Development complies with all six criteria 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. 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayor and City Council Request for Agenda Item PZ-1-84 (Proposed Ordinance No. 252) April 11 , 1984 Page Two The design for Phase II of Sunrise RV Resort is an improvement over Phase I in two respects. The proposal is a departure from the common gridiron '"` pattern that exists in other RV parks in that the proposed street layout is in a more amorphous pattern. Additionally, the perimeter wall departs somewhat from the typical linear form that exists in Phase I. However, the Planning Department recommends that the perimeter wall be recessed additionally at locations where existing washes enter and exit the site. The applicant will need to take care of some drainage considerations to the satisfaction of the City Engineer. Also, the applicant will need to submit a report that the State Health Department has approved the sewage plant in Phase I to handle the additional flow from Phase II. There is a protest petition on file. However, none of the signers are owners of property within 150 feet on a side, rear, or front. Therefore, this protest petition does not require a 3/4's vote of the City Council to approve this rezoning. Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of April 10, 1984, after public hearing, voted to approve the following motion: (M/S Polomskey/Taylor 6-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-1-84, also known as Proposed Ordinance No. 252, application of Kenneth Bakke and Michael Purcell for their property described as, a matter of public record, requesting rezoning from GR General Rural to TH/PD Trailer Homesite by Planned Development, that the Commission recommends to the Apache Junction City Council the approval of said application. "Any stipulations or recommendations are: 1 . That final plat approval will be required prior to final PD approval in order for the City to obtain dedicated roadways. 2. The perimeter wall be recessed additionally at locations where existing washes enter and exit the site. 3. The applicant submit a report from the State Health Depart- ment for approval of the sewage plant in Phase I to handle the additional flow from Phase II. •�• !OW The Honorable Mayor and City Council Request for Agenda Item PZ-1-84 (Proposed Ordinance No. 252) April 11 , 1984 Page Three 4. The applicant comply with all requirements of the City Engineer and Fire Department. 5. Standards and specifications shall comply with the City Development Guide. 6. The applicant comply with the requirements for final Planned Development approval prior to the issuance of building permits. "The reasons for this recommendation are: 1 . The request conforms with Section 33.09 of the Zoning Ordinance. 2. It complies with the General Plan medium density designation. 3. It is compatible with the surrounding area." Recommended Motion See attached. JAN:mas ,r•.. RECOMMENDED MOTION ORDINANCE NO. 252 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-1-84 , application of Kenneth Bakke and Michael Purcell ALSO KNOWN AS ORDINANCE NO. 252 , 'm\ 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-1-84 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY; BE AND HEREBY IS APPROVED AND ADOPTED THE FOLLOWING STIPULATIONS OR CONDITIONS ARE HEREBY REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL. 1 That final plat approval will be required prior to final PD approval in order for the City to obtain dedicated roadways 2 The perimeter wall be recessed additionally at locations where existing washes enter and exit the site. 3. The applicant submit a report from the State Health Department for approval of the sewage plant in Phase I to handle the additional flow from Phase II 4. The applicant comply with all requirements of the City Engineer and Fire Department 5. Standards and specifications shall comply with the City Development Guide 6. The applicant comply with the requirements for final Planned Development approval rior to the issuance of building permits 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 ) ORDINANCE NO. 252 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-1-84 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR-AND CITY COUNCIL OF THE CITY OF APACHE 7 r JUNCTION, ARIZONA, THAT t SECTION I IN GENERAL 1. The zoning district classification on the Apache Junction, Arizona, - Zoning Map for the parcel of land described as. The Southeast of the Northeast of the Northwest ; and the South } of the Southwest 1 of the Northeast of the Northwest of Section 29, 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 TH/PD Trailer Homesite by Planned Development 2 The approval of the zoning district classification incorporates, by reference, the preliminary approval of the Planned Development, including all materials and documents as submitted by the applicant, and the development of said property shall be in accordance with said Planned Development application conditions, provisions, and stipulations, 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 111 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. 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 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 ORDINANCE NO 252 PAGE TWO ATTEST Kathleen Connelly City Clerk „o^. APPROVED AS TO FORM: David A e ander City Attorney L-- PZ-1-84 (PROPOSED ORDINANCE NO. 252) PROPOSED REZONING FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT i}----_----. T-E044Y A alL.- - ,----,--,-..I -- - 1 I I I I I TH 1 I I 1 I ( TH/PD 1 __ 1 TH/PD I �� J I I . 1 I 1 I i L/ 1 1 / � I QI �..' 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' ,:: ,', ,' ' .r s - ,,, • - , 4 14, LC:' We the undersigned property owners protest rezoning item PZ-1-84 the rezoning from GR to TH/PD trailer homesite 1:4 planned development. LLA,,i:.: cl. ;-,N D ;::.L:\,%;-:!....C7&M Li‘:7 Name (printed) signature address phone 1 C:tz'i-/ `;--' /'LW--:;•.-:y--,,,cle,--,'._(. -j -44,1, •44.,-.-"i i /..e3i-.1- p, , 2 .Cimce C R.( 11,2,7,- /tcA..,,- -T- C- /27P S lic•cz,,,,,z_ 14-2.2-4.v _L‘ i . 5-it.leie/ IV. 626,-veL5- li 4/1.A.e..",..e,..I/570 ,.5- 4 : M ,\ .---, \)I fq1 i .UrN-2- $4 .c0f 25/.,- -- , 5 .-7 (,i.4-e k Cu, -.!:- SO4 •' -.PA. .1-e(.. 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Lf--0,4) 2.Xu./..) -/-7.•(.4.0-04- 9,.C .2 2• 6 !- --, crk MF-yizi 5--S 1.`\11_,L)•-rn SL'11,(1J),W), rY- Arc65 ci,8,-- - .2 7 47t(iird16' i)16:74/0/4)- 2 Vel-A kc nry .df-14:r /131 S. .cenj ilkifns. _2 8 p.4._p2/7 ..2-Yue-;1..-ee 'eb--Ae.iV) /4/4/S .,- _,-,-,(7/24_/,„:1--) 2 9 V4.1)(1%.g. .-4#14- . 5 0/ l).,., . - 7 ',/ i9". /:5-7 5. r,P74//- 77c 9i62-/7,29 1 a i ii/Pni s : '////r/1-1;.e i-,, A1 .-z--2-i-;_,- /S7/_,9 s 777a, ,r,(s _ 942-/7,2 . --. i s pair `r y rr {j We the and ensign ed property owners protest rezoning item PZ -1-84 • the rezoning from GR to TH/PD trailer homesite by planned development. 7EJ-T OF r•L,,;aNt AND DEVELOPMENT Name (printed) sign atur e address phone p 1 e��:_ , ,��� �� ��� ti (/, t'. A/,' .� l. ���/<f SFr / 9-7 - 7J 7 2 oE✓ � C of \ 3 CCs \ `1 SS - 3 4 5 ah.6 �8 9 10 11 •12 13 14 lB 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 . s. .a ! 4 x ;9 We the undersigned property owners protest ..rezoning item PZ-1-84 the rezoning from GR to TH/PD trailer homesite by planned development. DEFT ;t_.A AND DEVE LOP M W.N T Name (printed) sign atur e address phone • 2 4 5 6 7 8 9 10 11 12 13 14 13 16 17 18 l� 21 — 22 23 24 25 26 27 28 29 30 Imo. PQACHE✓G 1// ;N; U Z gRIZOO* �Dity 4 &ppache 09unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT April 17, 1984 (: / MEMORANDUM 0; THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: ` � I MICHAEL J. McNULTY, CITY MANAGER/ ACTING PLANNING DIRECTOR (:2)11. FROM: k. JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-5-84 (PROPOSED ORDINANCE NO. 258) MAY 1 , 1984 - PUBLIC HEARING AND FIRST READING MAY 15, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case number PZ-5-84, Proposed Ordinance No. 258, is a request by the applicants ICAM Properties and Clara Carney to rezone their property from GR General Rural to CB-1 Local Business Zone. The site is a vacant 8.9 acre parcel located on the west and east sides of Thunderbird Drive, 300 feet south of Apache Trail in Section 20. It is designated General Commercial on the General Plan. Surrounding land uses include vacant land, a church, commercial businesses, and homes. The original application was from GR General Rural to CB-2 General Business, but due to the strong objections of the neighboring church and residents, the applicant agreed to amend his application to CB-1 Local Business. This amendment was acceptable to those who objected to the CB-2 without a Planned Development zoning. Planning Department Comments The staff had no objections to the rezoning noting that it would be in compliance with the General Plan designation for the site. Staff does recommend stipulating the dedication of the east forty feet (40' ) of Parcel No. 1 , and the west forty feet (40' ) of Parcel No. 2 for public roadway and associated purposes, if not already dedicated. �/� Approver for Agenda f-�--L Date IN # First Reading 57 Second Reading Pubilc Hearing Old Business New Business ,.Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 The Honorable Mayor id City Council Request for Agenda Item PZ-5-84 (Proposed Ordinance No. 258) April 17, 1984 Page Two There is a petition on file protesting the extension of Thunderbird Drive to Broadway. However, this project would not be responsible for extending that Road to Broadway. Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of April 10, 1984, after public hearing, voted to approve the following motion: (M/S Vehon/Polomskey 6-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-5-84, also known as Proposed Ordinance No. 258, application of ICAM Properties and Clara Carney 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 east forty feet (40' ) of Parcel No. 1 , and the west forty feet (40' ) of Parcel No. 2 for public roadway and associated purposes. "The reasons for this recommendation are: 1 . This rezoning would be in compliance with the City' s General Plan. 2. This rezoning would serve as a good transition between existing CB-2 zoning along the highway and residential to the south. " Recommended Motion See attached. JAN:mas 0001. :shy. CITY OF APACHE JUNCTION, ARIZONA REZONING APPLICATION 1. I/We hereby request a change of zoning classification: Parcel 1 From: CA„Pral Rya 1 To. CB-2 Parcel 2 General Rural CB-2 Parcel 3 i+rak 2. I am requesting this rezone by [x] Petition and Consent [ ] Commission Initiative 3. What is the General Plan designation for the site2 Commercial 4. Size of the subject property (1) 135,000; (2) 253,000 [acne] [square feet] 5. How is the property currently developed? undeveloped 6. What are the adjacent land uses? North Commercial • South Gen Rural & Residential East Commercial West (:anaral Riiral t Cnmmprnial 7. What other application are you filing in conjunction with this rezone (subdivision, road abandonment, etc.)' None 8. The legal description of the property proposed to be rezoned. See Attachements #1 & #2 Section , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona. 9. Why are you requesting this rezoning? For development that requires CB-2 zoning ) (Please complete reverse side) FOR OFFICE USE ONLY Case No. rE 5-g 4- Proposed Ordinance No. 0 S Date Filed l'50—8¢ Application received bye Receipt No. ec 7 i`f Fee Amount 10"D, Pagel of 2 11/83 "Ink Alm\ r 10. I/We hereby certify that: a. (i )(We are) the owners of the property described in this application for rezoning and have attached copies of deeds, title reports, or other documents as proof of ownership. b. I/We have truthfully completed this application for rezoning c. I/We understand the filing fees to be non-refundable, the rezoning process to involve public hearings before the Planning and Zoning Com- mission and the City Council, and action to approve or disapprove our request is discretionary d I/We understand in order to obtain approval of this rezone we may be requested to dedicate portions of our property for public roadway and associated purposes. e. I/We being the owners of the property in this rezoning application have appointed William M. Warin named below as our representative in this rezoning application and have authorized him to do anything whatsoever necessary to have the rezoning considered favorably by the City of Apache Junction (1) ICAM Properties, a Gen Partnership '4 ` Asi _ (print owner's name) -4115 ' ' 919 N. Stapley Suite 0 b � � � � (address) Mesa—AZ 85203 834-5441 (phone) (2)X cI RA M. CARNEY (Contract Seller) // _ CO% et-- (1 print owner's name) (signature) 224 N. MacDonald Apt. F (address) Mesa. AZ 85201 gto 9 -4- I (phone) (3) (print owner's name) (signature) (address) (phone) STAY CIF /�, /�r,(,A ) The foregoing instrument was acknowledged COUNTY OF /� �1 GG�JA SS' before me this 2 Q day of *N/,qa) Dy.' William M. Warin, Phillip W. Rundstrom, & %) ,, ` Clara M. Carney �) D i 6��,-at �,r a (My commission expiresP• lossion&pins Dec.24."134 Notary Public 11. I hereby certify that I have been appointed by the pr perty owners in t is rezoning application as their representative and t a they have reques d that all correspondence in this matter be mailed to me. William M. Warin (print representative's name) signatu 919 N. Stapley Strife n g-t _5,11 (mailing address) (phone) Mesa, AZ 85203 STATE OF ARIZONZ SS The foregoing instrument was acknowledged COUNTY OFMARTCnPA ) befor m this 30 day of Jan 1954_. by William M. Warin - (:1:1-7Ct- o91 Notary Public • CT:ICI.:E S'SL 6 RUTH ABBOTT A Y� NOTARY PUBLIC STATE Cr ARIZONA Page 2 of 2 A.nk0..Uro4 c�U it i . • f RECOMMENDED MOTION ORDINANCE NO. 258 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-5-84 , application of �n z TCAM Propertiac and Clara Carney ALSO KNOWN AS ORDINANCE NO. 258 , 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-5-84 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, 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 east forty feet (40') of Parcel No 1 and the west forty feet (40') of Parcel No 2 for public roadway and associated purposes, if not already dedicated 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.) ORDINANCE NO. 258 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-5-84 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY 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 parcels of land described as. Parcel No. 1: That part of the Southwest + of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, described as follows. From the interior quarter section of said Section 20, thence South 89° 58' 12" West along the east-west quarter line of said Section 20 828 66 feet to the point of beginning on the center- line of Carney Avenue (a k.a. Thunderbird Drive), a roadway recorded in Docket 276, Page 322, records of Pinal County, thence South 89° 58' 12" West along the said east-west quarter line Rr, x :: 491 69 feet to a point at the northwest corner of the Northeast -' of the Southwest * of said Section 20, thence South 0° 07' 11" East along the west boundary of said Northwest ; of the Southwest I of said Section 20 660 00 feet; thence South 89° 57' 56" East 348 90 feet to a point which lies North 0° 00' 00" East 12 19 feet from the northwest corner of Apache Ho Unit One, a subdivision recorded in Book 9 of Maps, Page 59, records of Pinal County; thence South 0° 00' 00" West 12.19 feet to the northwest corner of said Apache Ho Unit One; thence North 89° 59' 16" East along the north boundary of said Apache Ho Unit One 141.41 feet to a point on the prolongation southward of the centerline of said Carney Avenue, thence North 0° 00' 00" East 672 23 feet along the centerline of said Carney Avenue to the point of beginning; EXCEPT the north 300 feet thereof, and EXCEPT the right-of-way of Highway 60-70-80-89; and /•\ Parcel No 2• That part of the Southwest * of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, described as follows: From the point of beginning at the interior quarter section corner of said Section 20, thence South 89° 58' 12" West along the east- west quarter line of Section 20 828.66 feet to a point on the centerline of Carney Avenue (a.k.a. Thunderbird Drive), a roadway recorded in Docket 276, Page 322, records of Pinal County; thence South 0° 00' 00" West along the centerline of Carney Avenue and its southward prolongation 672 23 feet to a point on the north boundary of Apache Ho Unit One, a subdivision recorded in Book 9 of Maps, Page 59, records of Pinal County, thence North 89° 59' 16" East along the northern boundary of said Apache Ho Unit One 830.01 feet to a point at the northeast corner of said Apache Ho Unit One on the north-south quarter line of said Section 20, thence North 0° 07' 00" West along said north-south quarter line 762.49 feet to a point of beginning, EXCEPT the north 300 feet, and EXCEPT the north 435 60 feet of the east 200.00 feet of the Southwest ; of Section 20, and EXCEPT the following parcel ROLL CALL VOTE SHEET NOTES ITEM # g6 MEETING OF MOTION BY: 1/1(Zid° SECONDED BY: lie_C,J -fI YES NO ABSTAINED COUNCILMAN TAYLOR t/ ,ciluNG-Itrftm RILL COUNCILMAN SHANKS %/ VICE MAYOR FIDSON COUNCILMAN DAMI ANO _COUNCILMAN STEELSMI `Z _MAYOR_CLARKF UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES V") 1 'v - ITEM #_ ! MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMAN SHANKS V COUNCILMAT! DAMIANO COUNCILMAN STEELSMITH /ICE MAYOR EIDSON \/ COUNCILMAN TAYLOR 1/ MAYOR CLARKE UNANIMOUS IN FAVOR OPPOSED I ABSTAINED TOTAL 3 Adak ITEM NO . 2b Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 258 , 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 . 258 , 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 . 258 , 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-5-84 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE ; REPEALING ANY CONFLICTING PROVISIONS ; AND PROVIDING FOR SEVERABILITY , BE AND HEREBY IS APPROVED AND ADOPTED . FOR APPROVAL ITEM NO . 2b Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 258 , 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 . 258 , 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 . 258 , 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-5-84 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE ; REPEALING ANY CONFLICTING PROVISIONS ; AND PROVIDING FOR SEVERABILITY , BE AND HEREBY IS DENIED . FOR DENIAL ORDINANCE NO 258 PAGE TWO OF TWO From the interior quarter section corner of said Section 20, thence South 89° 58' 12" West along the east-west quarter line of said Section 20 638.76 feet to the point of beginning, thence South 0° 03' 48" East 311.33 feet; thence South 89° 56' 12" West 190 24 feet to a-point on the centerline of Carney Avenue (a k a Thunderbird Drive), a roadway recorded in Docket 276, Page 322, records of Pinal County, thence North 0° 00' 00" East along the centerline of said Carney Avenue 311.44 feet to a point on the east-west quarter line of said Section 20, thence North 89° 58' 12" East along the east-west quarter line 189 90 feet to the point of beginning, and EXCEPT the following parcel: From the interior quarter section corner of said Section 20, thence South 89° 58' 12" along the east-west quarter line of said Section 20 508 76 feet to the point of beginning, thence _ South 0° 03' 48" East 161 26 feet, thence South 89° 56' 12" West 130.00 feet; thence North 0° 03' 48" West 161.33 feet to a point on the east-west quarter line of said Section 20, thence North 89° 58' 12" East along the said east-west quarter line 130 00 feet to the point of beginning, and EXCEPT the right-of-way of Highway 60-70-80-89, be and hereby is amended by changing the zoning district classification from GR General Rural to CB-1 Local Business Zone, subject to the stipulation that the applicant dedicate the east forty feet (40') of Parcel No. 1, and the west forty feet (40') of Parcel No 2 for public roadway and associated purposes, if not already dedicated 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 11- r�"� °; " " Wendell J. Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM David F Alexander / City Attorney 1 i v3:vyrt .s , PZ-5-84 PROPOSED ORDINANCE NO. 258 PROPOSED REZONE FROM ((R) GENERAL RURAL TO (CB-1) LOCAL BUSINESS APACHE TRAIL 1 I CB-2 CB-2 I I _I Iwilv L_L>_:, / ........ A= / 0 ........, ‹ m i Z---- ...: _, ............. .. — -... - , tit I x � cn. I '- I it, UNIT ONE APACHE HO - -_ CR-5 )S 644 / UNIT TWO CR-3/ APACHE HO PD SIERRA • _ ENTRADA ---..:_tr.,.. ... GARDEN l HOMES 1 • ��. I,..,- it- --- i . L-..........., 1! — RIGHT OF WAY/PROPERTY LINES aSUBJECT SITE N 1 1• LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) i L...1 SCALE: 1"=300' • �'' PZ-5-84 PROPOSED ORDINANCE NO. 258 PROPOSED REZONE FROM (SR) GENERAL RURAL TO _ . _ (CB-1) LOCAL BUSINESS • _ ; Exsn�4 Boa�s rY APACHE TRAIL - - cB-2 1-,. cIa 2 1 II er 'Fr'-o.‘"(30 /, , , :'in - ll 610 ,- ':::.'i• tiir.„, II Ill ail I II Q ------ cB-2 I. :: i;i ---- — 1 Ali 17 t toIl 12 n l� UNIT ONE V I r APACHE HO 1 - CR-5 • r 4 ' cR-3 1 '°'ti x ' UNIT TWO ICR-3/ �; --4 APACHE HO I PD = J . (SIERRA t �%��� _ ENTRADA � r s ' ".� li►i en.r—f•me== GARDEN FECIMES / ` p X .* Y v rt'- RIGHT OF WAY/PROPERTY LINES v I i SUBJECT SITE -, s x fir:~ -Rt r- • t• LIMITS OF ZONING (REMAINDEP IS GENERAL RURAL) -. 1...0 - CAI :* I"=3Ot • AM... 01.144 / 71 A Y MAR G 1984 PETITION DEPT OF PLANNING To the City of Apache Junction, Honorable Mayor, and Al2)P DEVELOPMENT City Council Members-- " =" Planning Departments/ Engineering Department Aoftk, Building Department Public Works Department We the property owners and residents of Apache Ho sub- division are not in favor of the City of Apache Junction putting South Thunderbird Drive into a 80 foot thoroughfare to Broadway Avenue. This .would create a terrific traffic problem at the main intersection of West Apache Trail and Thunderbird Dr. Also, it would create a raceway which would be hard to control and could be injurious to any small children in the area. Do not develop in this manner for the traffic control lights that are being installed now is where the traffic should be regulated to. Take a look at Mesa and Scottsdale and Tempe. They have many developments of apartments and they do not dump their heavy traffic onto short side streets but let it go `'` ' - on to their major arteries to flow faster and not create major traffic bottlenecks We the residents and property owners of the Apache Ho Sub- division hope that you will look at this situation very thoughtfully and not create a major traffic hazzard. Apache Ho Residents and Property Owners. Name n Addr ss �/J Date CZniejiP ,�.I/ �/ . /Lii 71-/.7'/�, -,) -V-�'- :11Vie. ii Ci. —g— .2 F r 5- ,1j...�,_. ..__„/ 0.t, '.a —.9 y—4i' v," �L (. OW„,-, :,1 9 2 2, �, ._, P,,,/ ,/O, .2 y ,/^ .p� � � a �y � P .,n`, ,93 7 � ir/� &t.,' . 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Zj,.emu,._, 36 / .,_ G-, 2.,/ Ik �. z—f c :. 4--- r-.J / 3 FIs S Ca--4..-.4-Q 9&Z- /9/'7_3 2 :to" 'i u21 (Y‘ 3 •5 S. ee.A.o C182--19-1 . ) Pi yr •�� J /9 r /'g-2-2 3 y-)2't . < / 5.; �;,,,,/ -z- z�--may _ _, - :•_, 4.4.I gipp,�; �/5% �J4.,/�, .6 5 d / �( - it - 3 5 4,, , 7_-' 4 ;i7,-kri k - \ Aaea 5-1 5 .5 CaAtV i,u -2- , 5 -V _ fy c - / l i. \ N Z- - ` 3r -5- rj l8./ q � /f go RI 3Y am- a-a6-P41 ".;)_i i)014,21 ,d. /9a,Je ./o/o w 04 live. 2-z.c-8y u .cve U9 /o o Li 1-l-ih O-u2 .7- 1-- -8�/ _ /� "_1 ` - pL c/ lit/ Y."'> 2- Z J `7/ - a4r-Vi m-.1-daA %? 7 .S1, ,...A,�,. , P -; 7-o`�/ - ��• 93 s cc%. y,G.�.Q „ - a.-3-y _ o&1�W (&-L 4/-6 Qy GU 4 , (La-ei A- ,717 J/ \ c-ww.c>..t.. _ L1\1 C..-- riw._...... ji%.� 1 - 5}�-Y,L, . //!t R S.� . p\[\)/ . -,.'1 - �'--{- 7 Alma FIRST BAPTIST CHURCH BOX 1240 - 235 S THUNDERBIRD Pastor APACHE JUNCTION. AZ 85220 602-982-2155 10 April 1984 TO: Apache Junction City Planning and Zoning Commission. By vote of the church, 1st Baptist Church of Apache Junction, Arizona, the trustees acting in behalf of the 1st Baptist Church, recommends the following: 1 . A 8.9 acre parcel located on the west and east sides of Thunderbird Drive, 300 feet south of Apache Trail in Section 20 be rezoned from GR (General Rural ) to CB-1 . Listed below are some reasons for this recommen- dation and why the church does not want CB-2 zoning. a. CB-2 allows open businesses which could include among many others, a "go-cart" track with it' s accompanying excessive noise or a junk yard which would be very detrimental to the church and it's purpose in the community. 2. We further request the following: a. That water drainage not be changed. b. That there will not be Dumpsters at the back of our building which would create an eyesore. c. That if a package liquor store be in the plans, that it be 300 feet or more from our property. W " ne Mi ga rustee Holly'Smith, Trustee Steve Bennett, Trustee r March 27, 1984 Planning and Zoning Commission t �'' City of Apache Junction, Arizona i 1001 North Idaho Road vr Apache Junction, Arizona 85220 .ri�• Honorable Commission Members: Please accept this letter as a formal protest against the proposed rezoning case PZ5-84 Proposed Ordinance #258 rezoning from General Rural to CB-2 the reasons given are: 1. I feel there should be a buffer between CB-2 and the present residential area. 2. It would not be in the best interest to the general public living in this area. 3. Certain types of businesses would not be in the best interest of the church located on South Thunderbird. Legal description attached. Thank you for your consideration in this matter. Respectfully, Lt/ t- William E. McDaniel My property is located at 198 S. Thunderbird, Tract D, Apache Ho Unit 1. I All of the following; EXCEPT the north 300 feet; That part of the Southwest IL of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, described as follows: "mok From the interior quarter-section corner of said Section 20; thence S. 89° 58' 12" W. along the east-west quarter line of said Section 20, 828.66 feet to the point of beginning on the centerline of Carney Avenue (a.k.a. Thunderbird Drive), a roadway recorded in Docket 276, Page 322, records of Pinal County; thence S. 89° 58' 12" W. along said east-west quarter line, 491.69 feet to a point at the northwest corner of the Northeast I4 of the Southwest of said Section 20; thence S. 0° 07' 11" E. along the west boundary of said Northeast 14 of the Southwest 4 of said Section 20, 660.00 feet; thence S. 89° 57' 56" E., 348.90 feet to a point which lies N. 0° 00' 00" E., 12.19 feet from the northwest corner of APACHE HO UNIT ONE, a subdivision recorded in Book 9 of Maps, Page 59, records of Pinal County; thence S. 0° 00' 00" W. , 12.19 feet to the northwest corner of said APACHE HO UNIT ONE; thence N. 89° 59' 16" E. along the north boundary of said APACHE HO UNIT ONE, 141.41 feet to a point on the prolongation southward of the centerline of said Carney Avenue (a.k.a. Thunderbird Drive); thence N. 0° 00' 00" E. , 672.23 feet along the centerline of said Carney Avenue to a point of beginning; EXCEPT the right-of-way of Highway 60-70-80-89. P pACHE.✓o ,.. ...A U1-0 pc„zi. o z 'IPIzo P �Dit / 4 4aCI4e 0.9unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT April 11 , 1984 �. / '- Approver for Agenda D•t: item # MEMORANDUM/O. THE HONORABLE MAYOR AND CITY COUNCIL First Reading -3- ` Second Reading' .� THROUGH. ` ' / MICHAEL J. McNULTY, CITY MANAGER/ ''Public Hearing ACTING PLANNING DIRECTOR — Old Business New Business FROM: I0 JIM NAKAGAWA, ASSOCIATE PLANNER Consent Agenda SUBJECT: REQUEST FOR AGENDA ITEM PZ-10-84 (PROPOSED ORDINANCE NO. 263) MAY 1 , 1984 - PUBLIC HEARING AND FIRST READING MAY 15, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case number PZ-10-84, Proposed Ordinance No. 263, is a request by the applicants Donna and Robert Loewenstein to rezone their property from GR General Rural to Trailer Homesite Zone (TH); and from GR General Rural to CB-2 General Business Zone. The site is a vacant 10.8 acre parcel located at the northeast corner of Broadway and Ironwood in Section 20. It is designated General Commercial on the General Plan. Surrounding land uses include travel trailer parks, businesses, homes, and vacant land. Planning Department Comments The staff does recommend stipulating the dedication of the west fifty feet (50' ) and the south fifty feet (50' ) of the subject property for public roadway and associated purposes, and a sixty foot (60' ) right- of-way for the West Fourth Avenue alignment. The applicants own the existing VIP Trailer Park to the north. It is their desire to extend that use further south. Hence, the area proposed for TH zoning is the area proposed for the trailer park extension. The General Plan appears to designate this strip for Commercial . The fixing of the land use designation boundaries has been flexible with the City, however. Through negotiations with the applicant' s attorney and staff, it was agreed that the area for TH zoning would be within a reasonable inter- pretation of the General Plan Land Use Plan. The area would serve further 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 The Honorable Mayor and City Council Request for Agenda Item PZ-10-84 (Proposed Ordinance No. 263) April 11 , 1984 Page Two to act as a buffer between future commercial uses and existing residential uses to the east. The applicants' property fronting directly along Ironwood Drive, however, .• must be zoned General Commercial in accordance with the General Plan. Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of April 10, 1984, after public hearing, voted to approve the following motion: (M/S Taylor/Sansoni 6-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-10-84, also known as Proposed Ordinance No. 263, application of Donna and Robert Loewenstein for their property described as, a matter of public record, requesting rezoning from GR General Rural to CB-2 General Business Zone and 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 . The applicant dedicate the west fifty feet (50' ) and the south fifty feet (50' ) of the subject property for public roadway and associated purposes, and a sixty foot (60' ) right-of-way for the West Fourth Avenue alignment. 2. In the TH section of the rezoning, the applicant will Amok construct and enclose the area with a six foot (6' ) masonry wall . 3. The maximum units to be placed on the TH rezoning will be 72 units. "The reasons for this recommendation are: 1 . The basic rezoning is compatible with the General Plan. 2. It will act as a buffer with Ironwood and the residential area to the east." Recommended Motion See attached. JAN:mas RECOMMENDED MOTION ORDINANCE NO. 263 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-10-84 , application of Donna and Robert Loewenstein ' ALSO KNOWN AS ORDINANCE NO. 263 , 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-10-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), AND FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY; 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 feet (50') and the south fifty feet (50') of the subject property for public roadway and associated purposes, and a sixty foot (60') right-of-way for the West Fourth Avenue alignment. 2. In the TH section of the rezoning, the applicant will construct and enclose the area with a six foot (6' ) masonry wall. 3. The maximum units to be placed on the TH rezoning will be 72 units. 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.) ORDINANCE NO 263 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-10-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); AND FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT /•1/4 SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcels of land described as Parcel No 1 (from GR General Rural to CB-2 General Business Zone) The South 350 feet of the West z of the West 1 of the West i of the Southwest of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona; and Parcel No 2 (from GR General Rural to CB-2 General Business Zone) Beginning 350 feet North of the Southwest corner of Section 20, thence North along the west line 1300.02 feet; thence South 89° 53' 07" East 165 feet; thence South 300 21 feet, thence South 9° 27' 44" East 60 83 feet, thence South 939 82 feet, thence ti North 89° 53' 50" West 175 feet to the point of beginning, in Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, and Parcel No. 3: (from GR General Rural to Trailer Homesite Zone (TH)) Beginning at the Southwest corner of Section 20, thence North along the west line 350 feet, thence South 89° 53' 50" East 175 feet to the true point of beginning, thence North 1240 03 feet; thence South 89° 53' 07" East 164 88 feet, thence South 0° 00' 25" West 1301 43 feet, thence North 89° 53' 50" West 154.73 feet to the true point of beginning, in Section 20, 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), and from GR General Rural to CB-2 General Business Zone, subject to the stipulation that the applicants dedicate the west fifty feet (50') and the south fifty feet (50') of the subject property for public roadway and associated purposes, and a sixty foot (60') right-of-way for the West Fourth Avenue alignment SECTION II REPEALING ANY CONFLICTING PROVISIONS .. 4�_',�v ..r„izY +CT rim'.:^•, 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 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor ORDINANCE NO. 263 PAGE TWO OF TWO ATTEST ( Kathleen Connelly City Clerk APPROVED AS TO FORM: David ��11'exander\C City Attorney k+ p 4�^ ". rt �-�':'e- - .,ram .r.- tiw . � t :. Yy, t ate, S'.'�T j� - PZ-10-84 (PRCPOSED ORDINANCE NO, 263) PARCEL 1: PROPOSED REZONING FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE PARCEL 2: PROPOSED REZONING FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE PARCEL 3: PROPOSED REZONING FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) i.---- WEST APLCH,TRAII 1 CB—2 I 1TICD 1 1 I- I dFS� zi4u Avu'UE-1 I f— I 1—' I pi, e 1 TH 1 1 1 1 1 I I 1 iITT(T1 En.O 1 z i = I 1- I— o w/1I I N �/1 FS ft /��' -1 -I_ - J WEST BROADWAY AVENUE j,,..____,_, i______I,-____- ___1 L.,1 I I II I ¢I CR-3 1 1 CB-1/PDIITH/PD I 1U . I I<I —j I s• -L-,- -_--I I.,._ - - jj SUBJECT SITES 1 LIMITS OF ZONING (REMAINDER IS GR GENERAL RURAL) SCALE: 1"=300' 4eisr.N6i RoAas el. , ...... Y t PZ-10-84 z-x; (PROPOSED ORDINANCF NO. 263) _ - PARCEL 1: PROPOSED REZONING FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZON PARCEL 2: PROPOSED REZONING FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZoN PARCEL 3: PROPOSED REZONING FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TEE • t 1 .--..-2 .p. o #' J O ,'I Z,. C3 1- (n NEST L1ru AvErUE'_.r I TH .,...7 r i • ..._ 3; w t I JEST 4TH AVENUE 1 1 - I I _ 4/r lo," ',".',.•i.-- ..-:..,--_,-7-,-,"--..,..7-szk4i..,..'''' ::',,...-;:::;Z:%.'.... F , ..,,,..„.,:.:,...:,___,. ::- '7--4:-.;k--i C.,-•ci"ri..;;;;.--er_Zu...Z }'' rn//b W/ I w - • KL .s1'. YYp:: • H� J ;,� d I H- '3 j -$ •.. • a I �. rry'. `` " . Rz H + Y l. 1i '�i - ," Kf/a- L • ,.`�4l� aY•.rt�-p* 'y tilaJ.yC -.. rt ;' `_ I/ • CB-1/PDII TH/PD 1 . 1 -; i...) [ PE: SUBJECT SITES J. 1- LIMITS OF ZON.NG (REMAINDER IS GR GENERAL RURAL) ---: _ - - _ SCALE: 1"=300' -p,,-- 1 O "1' y 0..+ U ` O Z .gR�zO. (=O lZy o 94acJ2e c2unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT April 11 , 1984 MEMORANDU TQ: THE HONORABLE MAYOR AND CITY COUNCIL t THROUGH: ' Al MICHAEL J. McNULTY, CITY MANAGER/ \/ ACTING PLANNING DIRECTOR FROM: c: ,;4‘v JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM PZ-11-84 (PROPOSED ORDINANCE NO. 264) MAY 1 , 1984 - PUBLIC HEARING AND FIRST READING MAY 15, 1984 - SECOND READING AND CONSIDERATION Project Description Rezoning case number PZ-11-84, Proposed Ordinance No. 264, is a request by the applicants Guy and Dorothy Ridenhour to rezone their property from GR General Rural to Trailer Homesite Zone (TH) . The site is a developed 1 .25 acre parcel located on the south side of Shiprock Street, 165 feet east of Main Drive in Section 18. It is designated Medium/High Density Opportunity on the General Plan. Surrounding land uses include mobile homes and a vacant parcel . Planning Department Comments The Planning Department finds that this rezoning would be consistent with the Medium/High Density Opportunity General Plan designation for the site. Staff does recommend stipulating the dedication of the north thirty- three feet (33' ) of the subject property for public roadway and associated purposes. Approver for Agenda_ Ca ate Item # First Reading ��1. � Second Reading 7 5 I _- ‘,"----.Public Hearing _ Old Business New Business iv Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 The Honorable Mayoi nd City Council Request for Agenda item PZ-11-84 (Proposed Ordinance No. 264) April 11 , 1984 Page Two Planning and Zoning Commission Recommendation The Planning and Zoning Commission at their regular meeting of April 10, 1984, after public hearing, voted to approve the following motion: (M/S Taylor/Conway 6-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-11-84, also known as Proposed Ordinance No. 264, application of Guy and Dorothy Ridenhour 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 north thirty-three feet (33' ) of the subject property for public roadway and associated purposes. "The reasons for this recommendation are: 1 . The rezoning does comply with the General Plan of Apache Junction. 2. It is compatible with the surrounding area." Recommended Motion See attached. JAN:mas Aar "oft, RECOMMENDED MOTION ORDINANCE NO 264 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT INZONING CASE PZ-11-84 application of Guy and Dorothy Ridenhour ALSO KNOWN AS ORDINANCE NO 264 , 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-11-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY; 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 north thirty-three feet (33') 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.) -ems>-4 -t An. Aga ck e . ORDINANCE NO. 264 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-11-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY pryTs; BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT /mak SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as The East 1 of the Northwest ; of the Southwest ; of the Northeast * of the Southeast A 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), subject to the stipulation that the applicant dedicate the north thirty-three feet (33' ) 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, sub-section, sentence, phrase, clause, or portion of this Ordinance, or any part of the code adopted herein by reference is, for tl any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J. Clarke Mayor ATTEST. • Kathleen Connelly City Clerk APPROVED AS TO FORM. C- savi •lexa e k4_(2 City 'ttorney i l ,4 Ink p i PZ-11-84 (PROPOSED ORDINANCE NO, 264) PROPOSED REZONING FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH) /"1 f 66' 0, N trD :NJ kD .-3_ ,. f,. 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CITY COUNCIL SPECIAL MEETING APRIL 23, 1984 The special meeting of the City council of the City of Apache Junction, Arizona, was held on April 23, 1984, at the Apache Junction City Council ,/11114„ Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 5 00 p.m ROLL CALL Councilmen Present. Councilman Shanks, Councilman Steelsmith, Councilman Taylor, Councilman Damiano, Councilman Hill, Vice Mayor Eidson, Mayor Clarke Staff Present: City Manager Michael J. McNulty City Clerk Kathleen Connelly Controller Keith Lewis Director of Public Safety Bill McDaniel City Attorney David Alexander DISCUSSION AND/OR ACTION ON SELECTION OF COUNCIL COMMITTEE TO REVIEW ( MAGISTRATE APPLICATIONS ) Mayor Clarke explained that members of the Council needed to be selected to form a SubCommittee to review the applications for the Magistrate position Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT COUNCILMAN SHANKS, COUNCILMAN HILL, AND COUNCILMAN DAMIANO BE �.., APPOINTED TO THE COMMITTEE TO REVIEW MAGISTRATE APPLICATIONS. Councilman Taylor seconded the motion. VOTE Unanimous The motion carried. DISCUSSION OF DATE FOR COUNCIL BUDGETARY WORK SESSION ) Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ON MAY 2, 1984, AT 7 00 P.M., A CITY COUNCIL BUDGETARY WORK SESSION BE HELD IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE: Unanimous The motion carried. 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 5:06 P.M Councilman Taylor seconded the tee' ri a motion. ;41.I\ VOTE Unanimous The motion carried. ACCEPTED THIS DAY OF BY THE MAYOR AND CITY COUNCIL OF-TfTE CITY OF APACHE JUNCTION, ARIZONA. Wendell J. Clarke Mayor ATTEST: Kathleen Connelly City Clerk SPECIAL MEETING OF THE CITY COUNCIL APRIL 23, 1984 PAGE 2 CITY COUNCIL SPECIAL MEETING APRIL 30, 1984 -_� The special meeting of the City Council of the City of Apache Junction, Arizona, was held on April 30, 1984, at the Apache Junction City Council \ 1 Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7.03 p.m. ROLL CALL Councilmen Present: Councilman Shanks, Councilman - Steelsmith, Councilman Taylor, Councilman Damiano, Vice Mayor Eidson, Mayor Clarke Staff Present City Manager Michael J. McNulty City Clerk Kathleen Connelly Controller Keith Lewis Director of Public Safety Bill McDaniel City Attorney David Alexander APPOINTMENT OF ASSISTANT CITY MAGISTRATE ) Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT CORWIN BRUNDRETT, BE APPOINTED AS ASSISTANT CITY MAGISTRATE FOR THE TERM OF OFFICE COMMENCING MAY 1, 1984, AND ENDING APRIL 30, 1986. -' Councilman Hill seconded the motion. • Councilman Shanks wished to know the salary for the position. Mayor Clarke replied that the salary is approximately $200 00 per month. Councilman Damiano asked that if Mr Brundrett is acting as City Magistrate, how would he be paid. City Manager McNulty stated that they had agreed to a salary similar to what Mr. Brundrett received when the former Magistrate went on vacation. • VOTE: Unanimous The motion carried. • f ADJOURNMENT Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE SPECIAL MEETING BE ADJOURNED AT 7:06 P.M. Councilman Damiano seconded the motion. Oaklk VOTE: Unanimous The motion carried. ACCEPTED THIS DAY OF , 1984, BY THE MAYOR AND CITY COUNC3L OF THE CITY OF APACHE JUNCTION, ARIZONA. Wendell J. Clarke Mayor ATTEST: Kathleen Connelly City Clerk i - • • • • • SPECIAL MEETING OF THE CITY COUNCIL APRIL 30, 1984 �, s q PAGE 2 - s CITY COUNCIL REGULAR MEETING MAY 1, 1984 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 1, 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 Steelsmith, Councilman Damiano, Councilman Taylor, Councilman Hill, Vice Mayor Eidson, Mayor Clarke [ Staff Present City Manager Michael J McNulty City Clerk Kathleen Connelly Controller Keith Lewis Director of Public Safety Bill McDaniel Economic Development Specialist John Schoeph Operations Supervisor Doug Dobson Superintendent of Community Services Jeff Bell Engineering/Drafting Technician Albert Pineda City Attorney David Alexander Deputy City Clerk Lori Clark Staff Absent: Director of Public Works K--F � Rich Broman Associate Planner Jim Nakagawa Others Present: Ms Virginia Seeman 1352 W. Shiprock Apache Junction, Arizona 85220 Fire Chief Jim Geil Apache Junction Fire Department Mr. Bob Burd, Publisher Apache Junction News Attorney Martin Jones 2333 N. Central Phoenix, Arizona eiN r_ Attorney Bill Warren 1548 E. Hale Mesa, Arizona Mr. Guy Ridenhour 1975 W. Shiprock Apache Junction, Arizona 85220 � Ms Patricia Ellen Gunn 102 S. Ironwood Drive #63 Apache Junction, Arizona 85220 Mr. Eugene Coleman 220 N Starr Road Apache Junction, Arizona 85220 Ms Lois Porter 1092 E Broadway Apache Junction, Arizona 85220 Ms Doris Manry 1126 S. Palo Verde Drive Apaache Junction, Arizona 85220 ACCEPTANCE OF AGENDA Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS PRESENTED Councilman Steelsmith seconded the motion VOTE: Unanimous The motion carried. ACCEPTANCE OF CONSENT AGENDA ) Councilman Damiano 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, AFTER DELETING ITEM "C" AND PLACING IT UNDER "OLD BUSINESS". BE IT FURTHER RESOLVED THAT THE CONSENT AGENDA ITEMS A: PROPOSED ORDINANCE NO 247, PZ-53-83, APPLICATION BY KEITH AND KATHRYN STACHAR TO REZONE 0.9 ACRE PARCEL, LOCATED AT THE SOUTHWEST CORNER OF GREASEWOOD STREET AND DESERT VIEW DRIVE IN SECTION 18, FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), B PROPOSED ORDINANCE NO. 260, PZ-7-84, APPLICATION BY AGNES CAMILLERI THROUGH HUBBARD CONSTRUCTION, INC., TO REZONE 2.86 ACRE PARCEL, LOCATED ON NORTHEAST CORNER OF SUPERSTITION BOULEVARD AND DELAWARE DRIVE IN SECTION 18, FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE; D• PROPOSED ORDINANCE NO. 262, PZ-9-84, APPLICATION BY MILLETT MANOR, INC., TO REZONE ONE-ACRE PARCEL, LOCATED AT 529 NORTH GOLD DRIVE ON EAST SIDE OF GOLD DRIVE, ABOUT 800 FEET SOUTH OF SUPERSTITION BOULEVARD IN SECTION 20, FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE; E: ACCEPTANCE OF MINUTES FROM SPECIAL MEETING APRIL 9, 1984; F: ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF APRIL 17, 1984, BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion VOTE. Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 2 Iftk Introduction of Distinguished Guests and Visitors Mayor Clarke recognized former mayor Ms Virginia Seeman, and the Apache Junction Fire Chief Jim Geil. AWARDS, PRESENTATIONS, AND COMMUNICATIONS Mayor Clarke stated that a Proclamation had been presented to the Elks Lodge proclaiming the week of May 1st as Elks Youth Week. City Manager Michael J. McNulty stated that the State Compensation Fund has awarded a plaque and an $8,000 00 credit to the City of Apache Junction for 1983, due to low accident rates, and presented the plaque to the Safety Officer, Doug Dobson. - - CITY MANAGER'S REPORT City Manager McNulty stated that representatives of the East Valley Emergency Center are recommending the discontinuation of the Center. Ms Virginia Seeman pointed out the disadvantages of discontinuing the Emergency Center, and requested that the Council represent the community by approaching Samaritan Health Services in opposition to this occurrance Fire Chief Jim Geil, addressed the Council also in opposition to the closing of the Center, and stressed the necessity for emergency care and treatment as soon as possible. Mr. Bob Burd, Publisher of the Apache Junction News, also expressed his desire that the East Valley Emergency Center remain open, and the necessity for this facility near the community. PUBLIC HEARINGS Mayor Clarke reliquished the chair to Vice Mayor Eidson, due to a possible conflict of interest Vice Mayor Eidson took the chair. PROPOSED ORDINANCE NO 252, PZ-1-84, BAKKE/PURCELL (First Reading) Vice Mayor Eidson opened the hearing to the public. City Manager McNulty briefed the Council on the application for rezoning from GR General Rural to TH/PD Trailer Homesite by Planned Development. Attorney Marty Jones, representing the applicants, 2333 N. Central, Phoenix, Arizona, explained that this is Phase II of Sunrise Development, and requested approval of the request. Councilman Damiano wished to know if West 12th Avenue would be paved. Mr. Jones stated that it would be paved from Ironwood Drive to San Marcos. Councilman Damiano also asked if the sewage treatment plant would have sufficient capacity. Mr Jones stated that the plant would only utilize approximately 65% of the capacity. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 3 Vice Mayor Eidson 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, Vice Mayor Eidson called upon the City Manager for recommendations. Mr McNulty stated that the Planning and Zoning Commission and the Development Coordinating Committee both re- commend approval of the application. Vice Mayor Eidson closed the hearing to the public and called upon the City Clerk to read Ordinance No. 252, by title only for the first reading City Clerk Kathleen Connelly, read as follows: ORDINANCE NO. 252, 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 DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-84 FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES Mayor Clarke resumed chairing the meeting. PROPOSED ORDINANCE NO. 258, PZ-5-84, ICAM PROPERTIES AND CARNEY (First Reading) ) Mayor Clarke opened the hearing to _ the public Mr. McNulty briefed the Council on the request for rezoning from GR General Rural to CB-1 Local Business Zone, which was originally requested for CB-2 General Business Zone and was re- vised due to protests from a neighboring church and property owners. Attorney Bill Warren, representing ICAM Properties, 1548 E. Hale, Mesa, Arizona, requested approval of the application for rezoning - Vice Mayor Eidson asked what the restrictions are on CB-1 Local Business Zoning. Mr. McNulty explained that with this zoning, there would be a height restriction for apartments. 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 called upon the City Manager for recommendations. • — � = Mr. McNulty stated that the Planning and Zoning Commission has no objection to the rezoning request Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No. 258, by title only for the first reading. City Clerk Kathleen Connelly, read as follows ORDINANCE NO 258, 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-5-84 FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 4 PROPOSED ORDINANCE NO. 263, PZ-10-84, LOEWENSTEIN (First Reading) Mayor Clarke opened the hearing to the public. Mr. McNulty briefed the Council on -u the petition for rezoning from GR General Rural to Trailer Homesite Zone. Mr. Marty Jones, representing the applicants, requested approval of the application. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application Mr Guy Ridenhour addressed the Council, asking whether 4th Avenue would go through. Mr McNulty explained that the re- zoning would not affect the destination of 4th Avenue, and it will go through as of the present. Mr McNulty stated that the Planning and Zoning Commission recommends approval and the Development Coordinating Committee has no objection with a stipulation for dedication of rights-u -way. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No. 263, by title only for the first reading. City Clerk Kathleen Connelly, read as follows ( ORDINANCE NO. 263, AN ORDINANCE OF rt 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-10-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); AND FROM GR GENERAL RURAL TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO. 264, PZ-11-84, RIDENHOUR (First Reading) Mayor Clarke opened the hearing to the public. Mr. McNulty explained that this is a request for rezoning from GR General Rural to Trailer Homesite Zone (TH), which is located on the south side of Shiprock Street, 165 feet east of Main Drive in Section 18. -*(1,14i41 Mr. Guy Ridenhour, 1975 W. Shiprock, Apache Junction, explained that the purpose of rezoning request is to move a trailer onto the property. 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 called upon the City Manager for recommendations. Mr. McNulty stated that the Planning and Zoning Commission and the Development Coordinating Committee both re- commend approval. Mayor Clarke closed the hearing to the public and called upon the City Clerk to read Ordinance No 264, by title only for the first reading REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 5 A., City Clerk Kathleen Connelly, read as follows: ORDINANCE NO. 264, 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 4 p THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. APPLICATION FOR PERSON TRANSFER OF SERIES 7 LIQUOR LICENSE, WEST-WINDS RESTAURANT Mayor Clarke opened the hearing to the public. Ms Patricia Ellen Gunn, 102 S Ironwood Drive #63, Apache Junction, requested approval of the 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 the hearing to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 7 LIQUOR LICENSE, SUBMITTED BY MS PATRICIA ELLEN GUNN, AGENT FOR WEST-WINDS RESTAURANT, BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hill seconded the motion. VOTE: Unanimous The motion carried. Mayor Clarke recessed the meeting at 8 03 p.m. • Mayor Clarke reconvened the meeting at 8:15 p.m. OLD BUSINESS PROPOSED ORDINANCE NO. 261, PZ-8-84, CAMILLERI (Second Reading) Vice Mayor Eidson wished to know what was the proposed use of this property. Mr. McNulty stated that the property will be developed with townhouses, and that the proposals do comply with the General Plan. Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 261, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Steelsmith seconded the motion VOTE: Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 6 I Mayor Clarke called upon the City Clerk to read Ordinance No. 261, by title only for the second reading. City Clerk Kathleen Connelly, read as follows ORDINANCE NO. 261, AN ORDINANCE OF w _ ik 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-8-84 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE, REPEALING ANY 1 \ CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 261, 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-8-84 FROM GR GENERAL RURAL TO CR-5 MULTIPLE RESIDENCE ZONE, REPEALING ANY CONFLICTING PROVISIONS; : AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. PROPOSED ORDINANCE NO. 219, PZ-32-83, RANDALL INDUSTRIES (Second Reading) (Continued Item) ) Mr McNulty reminded the Council I that this is a continued rezoning application from CR-1 Single Residence to CR-5/PD Multiple Residence by Planned Development, and was recommended for approval by the Planning and Zoning Commission. Vice Mayor Eidson wished to know if the City would be liable to lawsuit if either decision was made City Attorney David Alexander stated that any person can serve a lawsuit, and that the Council is not obligated to rezone this property despite General Plan amendments. Mayor Clarke requested the status on protest petitions filed against this rezoning. Mr. McNulty stated that there is a valid petition filed. Councilman Shanks gave a statement �, -. a+ p;� on the many opinions heard and stated that this particular case is upheld by the City laws and regulations. Councilman Steel smith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 219 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE Unanimous • The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No. 219, by title only for the second reading REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 7 oak City Clerk Kathleen Connelly, read as follows: ORDINANCE NO. 219, 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-32-83 FROM CR-1 SINGLE RESIDENCE TO CR-5/PD MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO 219 BE ACCEPTED WITH AMENDMENTS Councilman Hill seconded the motion VOTE: In Favor: Councilman Hill, Councilman Shanks, Vice Mayor Eidson, Councilman Steelsmith, Mayor Clarke Opposed: Councilman Taylor, Councilman Damiano The motion carried Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 219, 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-32-83 FROM CR-1 SINGLE RESIDENCE TO CR-5/PD MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED WITH THE FOLLOWING STIPULATIONS OR CONDITIONS REQUIRED AS CONDITIONS PRECEDENT TO REZONING APPROVAL: • 1. THE APPLICANT COMPLY WITH ALL THE REQUIREMENTS OF THE CITY ENGINEER AND FIRE DEPARTMENT. 2. STANDARDS AND SPECIFICATIONS SHALL COMPLY WITH THE CITY DEVELOPMENT GUIDE. 3. THE APPLICANT COMPLY WITH THE REQUIREMENTS FOR FINAL PLANNED - DEVELOPMENT APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 4. THAT THE PERIMETER WALL BE RECESSED AT VARIOUS INTERVALS, AND THAT WALL HEIGHTS VARY FROM 3 5 FEET TO 6 FEET 5. LANDSCAPING ALONG THE STREET FRONTAGES CONSIST OF NATURALIZING OR NATIVE VEGETATION SUCH AS PALO VERDE TREES, OCOTILLOS, PALM TREES, BARREL AND SAGUARO CACTI. Councilman Hill seconded the motion Councilman Shanks reaffirmed her position and reasons for decision of vote. Councilman Steelsmith stressed the need for this type of development in the community. Councilman Damiano expressed his opinion that this is not the wish of the public to develop the area in this manner. Vice Mayor Eison agreed with Councilman Damiano. Mayor Clarke stated that he felt that the Council is not being consistent should they deny this application, after approving similar Planned Development requests. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 8 Councilman Damiano replied that the difference in this case, is that the townhomes are attached, and mobile home park lots are each separate. Councilman Hill stated that town- houses are safer from fire h, ARIZONAard than a mobile home or house, because of the fire walls built into the units. /look Councilman Steelsmith expressed his feeling that all townhouses are built the same, and that if Apache Junction has any townhomes, they will be similar to this proposed development. VOTE: In Favor: Councilman Steelsmith, Councilman Shanks, Councilman Hill Mayor Clarke Opposed. Councilman Taylor, Councilman Damiano, Vice Mayor Eidson As there was not a three-quarter vote, the motion failed APPOINTMENTS TO PARKS AND RECREATION COMMISSION (Continued Item) Vice Mayor Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPOINTMENT TO THE PARKS AND RECREATION COMMISSION BE CONTINUED UNTIL THE REGULAR CITY COUNCIL MEETING OF JUNE 5, 1984 Councilman Taylor seconded the motion VOTE Unanimous The motion carried. ( APPOINTMENT TO PERSONNEL BOARD ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPOINTMENTS TO THE VACANCIES BE CONTINUED, UNTIL MORE TALENT BANK APPLICATIONS ARE RECEIVED Councilman Taylor seconded the ,Amik motion. VOTE Unanimous The motion carried. AWARD OF PAYMENT TO NESBITT CONTRACTING, PROJECT NO. PW-84-3 ) R- M ) Mr. McNulty explained that this is a request for final payment in the amount of $11,400.00, which was not in- cluded in the original contract due to errors in the amounts submitted by the consultant, and this will compensate the contractor for the amount actually used for the project Councilman Taylor MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE ADDITIONAL PAYMENT TO NESBITT CONTRACTING COMPANY, INC., IN THE AMOUNT OF $11,400.00 FOR THE CITY OF APACHE JUNCTION PUBLIC WORKS PROJECT NO. PW-83-3, BE APPROVED AND AUTHORIZATION TO MAKE PAYMENT TO NESBITT CONTRACTING COMPANY, INC., BE GRANTED Councilman Hill seconded the motion. VOTE: Unanimous REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 9 r -b we'd '" `°4 :` The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO. 84-9, AB-84-6 KOVACS, RAFFERTY, AND MATOUSEK ) Mr McNulty informed the Council iiimik that the Development Coordinating Committee has no objections to this abandonment request Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 84-9, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY ON NORTH BOWMAN ROAD BETWEEN EAST LOST DUTCHMAN BOULEVARD AND NORTH APACHE TRAIL (HIGHWAY 88); AND NORTH CHAPARRAL ROAD BETWEEN EAST LOST DUTCHMAN BOULEVARD AND NORTH APACHE TRAIL (HIGHWAY 88), AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-6, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, BE AND HEREBY IS APPROVED. Councilman Steelsmith seconded the motion VOTE' Unanimous The motion carried. LAND AND WATER CONSERVATION FUND APPLICATION ) ) Superintendent of Community Services Jeff Bell stated that the City may have the matching funds required to ob- tain tain some of the estimated one million dollars allocated to Arizona through the Land and Water Conservation Fund, depending upon the outcome of the Special Election. However, the applications are due June 1, 1984, and re- quested Council approval to proceed with the preliminary application for the development of Prospector Park. Councilman Damiano wished to know what the City would do if the matching funds were not approved at the Special Election. Mr. McNulty stated that the City would simply withdraw the application Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT COMMUNITY SERVICES BE AUTHORIZED TO PROCEED WITH THE Keg ..ac +_ > PRELIMINARY APPLICATION TO ACQUIRE LAND AND WATER CONSERVATION FUNDS FOR DEVELOPMENT OF PROSPECTOR PARK. Councilman Hill seconded the motion VOTE Unanimous The motion carried. WORK SESSION, MAY 14, 1984 EXECUTIVE SESSION, WORK SESSION MAY 15, 1984 ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON MAY 15, I 1984, AT 6:00 P.M., IN THE CITY COUNCIL CHAMBERS REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 10 Councilman Steelsmith seconded the motion. VOTE: Unanimous The motion carried CALL TO THE PUBLIC Mr. Eugene Coleman, 220 N Starr Road, requested that a building be built for the Senior Citizens. Ms Lois Porter, 1092 E. Broadway, Apache Junction, addressed the Council on behalf of the Senior Citizens, requesting a building for recreation and community activies for senior citizens. Councilman Damiano pointed out that some libraries have a senior citizens building attached Ms Doris Manry, 1126 S. Palo Verde Drive, Apache Via, also requested a building for senior citizens INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL None _ t ADJOURNMENT Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEEETING BE ADJOURNED AT 9 04 P.M Councilman Shanks seconded the motion. VOTE• Unanimous The motion carried. ACCEPTED THIS DAY OF , 1984, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. Wendell J. Clarke Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 PAGE 11 Am oh. Ais ATTEST Kathleen Connelly City Clerk I . . . •- - _ --• • •• -- •- * - - _ - _ - ..• _ - - - . , -•••- -'•v • • - • - REGULAR MEETING OF THE CITY COUNCIL MAY 1, 1984 - •- - PAGE 12 ROLL CALL VOTE SHEET If NOTES fL9A) ,( ( ( L t� 1 Ok-- 6 O-Iv ITEM # MEETING OF MOTION BY: l) OutlkkeUli(9 SECONDED BY: el:10L4Th YES NO , ABSTAINED COUNCILMAN TAYLOR CNACI6PMIHILL COUNCILMAN SHANKS VI CE_MAYOR FIDSON ✓� COUNCILMAN DAMIANO L_COUNCILMAN STEELSMITF 64 _ _MAYOR_CLARKF Lj UNANI"^OUS IN FAVOR OPPOSED ABSTAINED TOTAL (NOTE : IF YOU WISH TO ABSTAIN FROM VOTING ON A CONSENT AGENDA ITEM , PLEASE INDICATE THE ITEM NUMBER AND THE REASON FOR ABSTAINING WHEN CALLED UPON DURING THE ROLL CALL VOTE . ) 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 AFTER REMOVING ITEM "B" AND PLACING IT UNDER "OLD BUSINESS" . BE IT FURTHER RESOLVED THAT CONSENT AGENDA ITEMS A : PROPOSETORDINANCE NO . 252 , PZ-1 -84 , APPLICATION BY KEN BAKKE AND MIKE PURCELLvTO REZONE 15 ACRE PARCEL , LOCATED AT NORTHWEST CORNER OF SAN MARCOS DRIVE. AND 12TH AVENUE IN SECTION 29 , FROM GR GENERAL RURAL TO TH/PD TRAILER HOMES'IL.TE BY PLANNED DEVELOPMENT ; C : PROPOSED ORDINANCE NO . 263 , PZ-10-84 , APPLTCATION BY DONNA AND ROBERT LOEWENSTEIN TO REZONE 10 . 8 ACRE PARCEL , LOCATED AT NORTHEAST CORNER OF BROADWAY AND IRONWOOD IN SECTION 20 , FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE ( TH ) ; D : PROPOSED ORDINANCE NO . 264 ,DPZ-11 -84 , APPLICATION BY GUY AND DORTHY RIDENHOUR TO REZONE 1 . 25 ACRE( PARCEL , LOCATED ON SOUTH SIDE OF SHIPROCK STREET , 165 FEET EAST OF MAIN DR1V-E IN SECTION 18 , FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE ( TH ) ; E : ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF APRIL 23 , 1984 ; F : ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF APRIL 30 , 1984 ; AND G : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF MAY 1 , 1984 , BE AND HEREBY IS ACCEPTED AS- PRESENTED . r. .r 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 I NO . 252 , PZ-1 -84 , APPLICATION BY KEN BAKKE AND MIKE PURCELL TO REZONE 15 ACRE PARCEL , LOCATED AT NORTHWEST CORNER OF SAN MARCOS DRIVE AND 12TH AVENUE IN SECTION 29 , FROM GR GENERAL RURAL TO TH/PD TRAILER HOMESITE BY PLANNED DEVELOPMENT ; B : PROPOSED ORDINANCE NO . 258 , PZ-5-84 , APPLICATION BY ICAM PROPERTIES AND CLARA CARNEY TO REZONE 8. 9 ACRE PARCEL , LOCATED ON WEST AND EAST SIDES OF THUNDERBIRD DRIVE , 300 FEET SOUTH OF APACHE TRAIL IN SECTION 20 , FROM GR GENERAL RURAL TO CB-1 LOCAL BUSINESS ZONE ; C : PROPOSED ORDINANCE NO . 263 , PZ-10-84 , APPLICATION BY DONNA AND ROBERT LOEWENSTEIN TO REZONE 10 . 8 ACRE PARCEL , LOCATED AT NORTHEAST CORNER OF BROADWAY AND IRONWOOD IN SECTION 20 , FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE ( TH ) ; D : PROPOSED ORDINANCE NO . 264 , PZ-11 -84 , APPLICATION BY GUY AND DORTHY RIDENHOUR TO REZONE 1 . 25 ACRE PARCEL , LOCATED ON SOUTH SIDE OF SHIPROCK STREET , 165 FEET EAST OF MAIN DRIVE IN SECTION 18 , FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE ( TH ) ; E : ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF APRIL 23 , 1984 ; F : ACCEPTANCE OF MINUTES FROM SPECIAL MEETING OF APRIL 30 , 1984 ; AND G : ACCEPTANCE OF MINUTES FROM REGULAR MEETING OF MAY 1 , 1984 , BE AND HEREBY IS ACCEPTED AS PRESENTED . .... ..1\rPQACHF de/,tom ` ` Oz '�R�zoNP `0iity of C4pache unction May 7, 1984 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL -70 THROUGH: CITY MANAGER i " FROM: DIRECTOR OF PUBLIC WORKS 0 ;:7 REGARDING: CABLE TELEVISION LICENSING Attached is Resolution No. 84-19 which declares the cable communications proposal submitted by Dowden Communications, Inc. , as a public record. Also attached is Ordinance No. 281 which includes minor changes to Ordinance No. 222 and grants a non-exclusive license to Dowsat of Arizona, Inc. , allowing the installation, construction, operation and maintenance of a cable television system within the City of Apache Junction. The Ordinance has been reviewed by 3H Cable Communications Consultants and is found to be complete and satisfactory. Approver for Agenda / �`---- SDate Item !" Attachments: Resolution No. 84-19 F=rc-t 'ri' ' -,,~"`+ °3� Ordinance No. 281 tion.. ; 9 F:,,+c Hexing C!:.! Business RWB:sh ✓ New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 RESOLUTION NO. 84-19 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CABLE COMMUNICATIONS FRANCHISE PROPOSAL FOR THE CITY OF APACHE JUNCTION BY DOWDEN COMMUNI- CATIONS, INC , ATLANTA, GEORGIA (JANUARY 3, 1984), WHICH MAY BE REFERRED TO AS THE "CABLE TELEVISION PROPOSAL". BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that. 1 The certain document entitled CABLE COMMUNICATIONS FRANCHISE PROPOSAL FOR THE CITY OF APACHE JUNCTION BY DOWDEN COMMUNCATIONS, INC , ATLANTA, GEORGIA (JANUARY 3, 1984), which may be referred to as the "Cable Television Proposal, three (3) copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, and said copies are ordered to remain on file with said City Clerk 2. The certain document entitled CABLE COMMUNICATIONS FRANCHISE PROPOSAL FOR THE CITY OF APACHE JUNCTION BY DOWDEN COMMUNICATIONS, INC , ATLANTA, GEORGIA (JANUARY 3, 1984), which may be referred to as the "Cable Tele- vision Proposal", contains ninety-four (94) pages, numbered Title Page, Table of Contents, Sections A through R. 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 � it Ai, I, I F. ,LEXAN6E' City Attorney ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF J MOTION BY: t1 SECONDED BY: :thtkOutlg YES NO , ABSTAINED c01111C11 MAN fl MIANO �ILa"�AnII-� COIINC REP REP& TAYLOR COUNCILMAN _SHANKS JIICF MAYOR EIDSON ._COUNCILMAN_ STFFI SMMITH; MAYOR CLARKE UNAN I 1OUS IN FAVOR OPPOSED ABSTAINED TOTAL • • • • • • • v'v'c. ITEM NO . 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT RESOLUTION NO . 84-19 , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CABLE COMMUNICATIONS FRANCHISE PROPOSAL FOR THE CITY OF APACHE JUNCTION BY DOWDEN COMMUNICATIONS , INC . , ATLANTA , GEORGIA ( JANUARY 3 , 1984 ) , WHICH MAY BE REFERRED TO AS THE "CABLE TELEVISION PROPOSAL " , BE AND HEREBY IS APPROVED AND ADOPTED. ORDINANCE NO 281 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 14 .:41> ifig W CABLE TELEVISION, SECTION 14-1-17 CONSTRUCTION SEQUENCING, 14-1-21 ^4 TIMELINESS, 14-1-22 LIQUIDATED DAMAGES, 14-1-24 RATES, 14-1-25 LICENSE FEE, 14-1-33 REVERSION, 14-1-46 INSURANCE, AND 14-1-47 PERFORMANCE BOND, AND BY ADDING ARTICLE 14-2 LICENSE GRANTED, SECTIONS 14-2-1 THROUGH 14-2-5, GRANTING A NON-EXCLUSIVE LICENSE TO CONSTRUCT, INSTALL AND OPERATE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR ORIGINATING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE COMMUNICATIONS SERVICES, ALONG, ACROSS AND UPON THE PUBLIC'S STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF APACHE JUNCTION, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVER- ABILITY; 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 14 CABLE TELEVISION, Article 14-1 Cable Television, Section 14-1-17 Construction Sequencing, Section 14-1-21 Timeliness, Section 14-1-22 Liquidated Damages, Section 14-1-24 Rates, Section 14-1-25 License Fee, Section 14-1-33 Reversion, Section 14-1-46 Insurance, and Section 14-1-47 Performance Bond be amended to read as follows. Section 14-1-17 Construction Sequencing Permits for construction shall be issued sequentially at the discretion of the City, limiting construction in certain areas As construction nears completion in one area, a permit for the next area may be issued. Section 14-1-21 Timeliness A. Licensee will agree that the complete proposed system will be installed within twelve (12) months of awarding of the license Exceptions can only be granted by the City. The City shall have the right to monitor and enforce - - pro rata construction schedules leading to this end as submitted by the licensee B Areas subsequently annexed by the City will be completed within a time period established by the licensee and the City, but not to exceed six (6) months without the express permission of the City of Apache Junction, provided that there are at least twenty (20) such dwellings per street mile and that connections to which can be made by means of overhead construction or � underground trenches prepared for other utility services Residents in other dwellings with lesser densities may be charged by the licensee a pro rate charge for labor and material for actual cost over and above the normal installation fee once such residents have agreed to become a subscriber. However, once such density reaches thirty (30) homes per mile, a reimbursement of these charges will be made to the subscribers Section 14-1-22 Liquidated Damages A licensee shall be assessed the sum of five hundred dollars ($500) per day as compensatory liquidated damages for each day the installation is not fully completed after the expiration of the twelve (12) month period following the awarding of the license. ORDINANCE NO. 281 PAGE ONE OF FIVE Section 14-1-24 Rates No licensee shall impose upon the Subscribers rates or charges for Basic Services, or increases in such rates or charges, until it has been determined by the City that such rates are not in excess of a reasonable amount 1. Any applicant for a new license or for the renewal or extension of a license and any licensee proposing any increases in rates and charges for the installation of cable or Basic Services shall first file with the City a schedule of the proposed rates and charges or the proposed increased rates and charges together with an affidavit certifying compliance with this section. The schedule shall include: a Installation of Basic Service b Periodic charges for Basic Service. _ _ c. Installation for premium service d. Periodic charges for premium service e Installation of FM service. f. Periodic charges for FM service (including rates for FM service as a primary service) g Charges for relocating and reconnection. h. Converter charges i. Charges for parental control keys j Installation charges for bulk/commercial service k. Periodic charges for bulk/commercial service. 1 Installation charges for additional outlet service m Periodic charges for additional outlet service. n. Discounts for multiple premium services, etc o. Interactive service charges r p Extended drop installation charges q Teletext type service and equipment charges. r. All other charges proposed 2 The City shall examine and investigate the schedule submitted by the applicant or licensee, and make recommendations to the City Council The City will use the following criteria for determining the reasonable- ness of the rates the fees charged to Subscribers by CATV providers • to persons in the surrounding communities; the cost and expense to the licensee of the services provided, the extent of capital investment in the City by the licensee, the State-of-the-Art and the technological status of the system in the City of the licensee; and, a fair rate of return on investment by the licensee. 3 If a request for a rate increase has not been acted upon within one hundred (100) days of the date of submission by the licensee to the City, the licensee may increase Subscriber rates in the interim, subject to final action by the City 4 The rates and charges to be initially charged by the licensee are hereby established and fixed as follows A Installation charges 1. Normal Basic installation - $50 2 Premium Service installation - Free if done at time of Basic installation, otherwise $10 all outlets. 3. Extraordinary installation (over 200') best available contract rate 4. Initial discounts are 1/2 off for full-time residents within sixty (60) days of the first introductory period and part-time residents who return to the same location each year. ORDINANCE NO 281 PAGE TWO OF FIVE /ink Aim, 5 Multiple dwellings (including RV areas) the discount and conditions are the same as 1, 2, 3 and 4 above. 6. Second set hook-up - $10, waivable for new subscribers. 7 Disconnect - none. 8. Reconnect - $10. 5, 4 s 9. FM stereo hook-up - $10, waivable for new subscribers. :oak 10 Converter - $25 (refundable deposit) B. Monthly charges 1. Basic cable - $9.95 2 Premium channels - $9 95 each 3. FM stereo - $3 4. Second set - $3.50 5 Remote control - $3 ($75 one time purchase price) 6 Parental control device - Free Such rates and charges shall not be changed at any time except after due notice and hearing as provided herein. Section 14-1-25 License Fee The licensee shall pay to the City during the full term of the license a sum equal to three (3%) percent of the gross subscriber revenue charged by the licensee However, the City of Apache Junction reserves the right to increase this rate to that authorized by the Federal Communications Commission under conditions set forth by that Agency Furthermore, should Federal legis- lation change this amount, such percentage of fees will automatically conform with such regulations without further negotiation or amendment to this ordinance, unless other required by the City This fee shall be paid by the licensee twice yearly, the first payment to be due and payable on the first of January and the second on the first of July henceforth through the term of said license The City shall have the right, and reasonable time, to inspect the books - and records of the licensee for the purpose of ascertaining the actual - Subscriber charges and licensee shall furnish promptly with each payment a statement outlining Subscriber charges upon which payment was based. This - license fee shall be in addition to the City Business License fee as set _ forth in Chapter 8, Section 8-5-4 of this Code and in addition to sales tax payments in accordance with Section 14-1-26 of this Chapter Section 14-1-33 Reversion The City reserves the unconditional right to purchase the licensee's system at a fair market price at the time of purchase and in accordance with all Federal and State rules and regulations in the event of non-compliance with any provisions of this ordinance In determining fair market price, no consideration of value will be made for right of privilege granted to licensee This provision is in addition to all other rights and remedies available to the City under this ordinance or any other statutory or common law and shall not require an exclusive election of such remedies. Section 14-1-46 Insurance The licensee shall , concurrently with the filing of an acceptance of award of any license granted hereunder, furnish to the City and file with the City Clerk and at all times during the existence of any license granted hereunder, ORDINANCE NO 281 PAGE THREE OF FIVE OIN 'MN maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees in a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of licensee under such license, with separate minimum liability limits of one million ($1,000,000) dollars for personal injury, death, and property damage The policies mentioned in the foregoing paragraph shall name the City, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof; if such insurance is provided by a • policy which also covers licensee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. Section 14-1-47 Performance Bond Each licensee shall promptly repair or cause to be repaired, any damage to City property of every type caused by the licensee, or any agent or firm acting on behalf of the licensee, during the life of the license. Licensee shall comply with all present and future ordinances and regulations of the City regarding excavation or construction and, whenever deemed necessary by the City, shall be required to post a performance bond in favor of the City warranting, among other things, that all restoration work shall be done promptly and in a workmanlike manner Initially, a performance bond in the amount of One Hundred Thousand ($100,000) Dollars shall be posted by the licensee to ensure compliance with said ordinance However, upon satisfactory completion of construction, said bond may be reduced to Twenty Thousand ($20,000) Dollars, providing, that at such time when and if an area is annexed by the City that, at the discretion of the City, the bond may be raised again to the original amount during the time of construction That Chapter 14 CABLE TELEVISION, be further amended by adding Article 14-2 License Granted, Sections 14-2-1 License Granted through 14-2-5 License Acceptance, as follows Section 14-2-1 License Granted Section 14-2-2 License Acknowledgment Section 14-2-3 License Effective Section 14-2-4 License Area Section 14-2-5 License Acceptance Section 14-2-1 License Granted That Dow-Sat of Arizona, Inc , hereafter referred to as the "the licensee", is by ordinance granted a non-exclusive license to install, construct, operate and maintain a cable television system on the streets, other public rights-of-way or other public places within the limits of the City of Apache Junction, provided notwithstanding the licensee has been granted a license for such construction, prior to the commencement of any actual construction, permits therefore shall be obtained from the appropriate department of the City of Apache Junction ORDINANCE NO 281 PAGE FOUR OF FIVE Amok "OW Section 14-2-2 License Acknowledgment This license shall not become effective for any purpose unless written acceptance thereof shall have been received by the City Clerk not later than 12 00 p m on the 30th day following the effective date of this ordinance Section 14-2-3 License Effective This license shall become effective at 12.00 p m on the 30th day following the effective date of this ordinance, providing it has been properly accepted. Section 14-2-4 License Area The licensee's service area shall be the entire incorporated area of the City of Apache Junction, in its present incorporated form or in any later re-organized, consolidated, enlarged, or re-incorporated form Section 14-2-5 License Acceptance The licensee's cable television proposal dated January 3, 1984, is incorporated by reference in this Code and made a part hereof as though fully set forth herein; and the licensee, by accepting this non-exclusive license, specifically agrees to be bound by all the terms and conditions as contained herewithin 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 111 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 is necessaryfor thepreservation 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 passage and adoption 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 AN ity Attorney ORDINANCE NO. 281 PAGE FIVE OF FIVE y ITEM NO . 4 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 281 , BY TITLE ONLY FOR THE FIRST READING . FIRST READING (Without the Emergency Clause ) ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF 5 /.S"l MOTION BY: 0.1k7V 1001iW SECONDED BY: Latl_C2.41) YES r NO ABSTAINED COUNCILMAN STEELSMITH COUNCILMAN SHANKS Cflti tC N1- L • COUNCILMAN TAYLOR COUNCILMAN DAMIANO VICE MAYOR EIDSON MAYOR CLARKE ti/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF ;r"l l MOTION BY: cDolw_aAt SECONDED BY: AL11104 YES NO ABSTAINED COUNCILMAN STEELSMITH V COUNCILMAN SHANKS COUNCILMAN 1tt COU19C I L,^AN TAYLOR COUNCILMAN DAM IANO v,/ VICE MAYOR EIDSON MAYOR CLARKE _ UNANIIOUS IN FAVOR OPPOSED ABSTAINED TOTAL L „".=. wsnWYertr'i..!..n,fi+:re'+W1•Aa, r..,: __ .' .4016. • • ITEM NO . 4 Step I BE IT RESOLVED BY THE MAYOR AND — CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 281 , 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 . 281 , BY TITLE ONLY WITH THE EMERGENCY CLAUSE . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 281 ,/AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE , CHAPTER 14 CABLE TELEVISION , SECTION 14-1 -17 CONSTRUCTION SEQUENCING , 14-1 -21 TIMELINESS , 14-1 -22 LIQUIDATED DAMAGES , 14-1 -24 RATES , 14-1 -25 LICENSE FEES , 14-1 -33 REVERSION , 14-1 -46 INSURANCE , AND 14-1 -47 PERFORMANCE BOND ; AND BY ADDING ARTICLE 14-2 LICENSE GRANTED , SECTIONS 14-2-1 THROUGH 14-2-5 , GRANTING A NON-EXCLUSIVE LICENSE TO CONSTRUCT , INSTALL AND OPERATE LINES , WIRES , COAXIAL CABLE AND APPURTENANCES FOR ORIGINATING , RECEIVING , DISTRIBUTING AND SUPPLYING RADIO , TELEVISION AND OTHER CABLE COMMUNICATIONS SERVICES , ALONG , ACROSS AND UPON THE PUBLIC ' S STREETS , WAYS , ALLEYS AND PLACES WITHIN THE CITY OF APACHE JUNCTION ; 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 . 4 tep 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 281 , 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. ) tep 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 281 , BY TITLE ONLY WITH THE EMERGENCY CLAUSE . )tep 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO. 281 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE , CHAPTER 14 CABLE TELEVISION , SECTION 14-1 -17 CONSTRUCTION SEQUENCING , 14-1 -21 TIMELINESS , 14-1 -22 LIQUIDATED DAMAGES , 14-1 -24 RATES , 14-1 -25 LICENSE FEES , 14-1 -33 REVERSION , 14-1 -46 INSURANCE , AND 14-1 -47 PERFORMANCE BOND ; AND BY ADDING ARTICLE 14-2 LICENSE GRANTED , SECTIONS 14-2-1 THROUGH 14-2-5 , GRANTING A NON-EXCLUSIVE LICENSE TO CONSTRUCT , INSTALL AND OPERATE LINES , WIRES , COAXIAL CABLE AND APPURTENANCES FOR ORIGINATING , RECEIVING , DISTRIBUTING AND SUPPLYING RADIO , TELEVISION AND OTHER CABLE COMMUNICATIONS SERVICES , ALONG , ACROSS AND UPON THE PUBLIC ' S STREETS , WAYS , ALLEYS AND PLACES WITHIN THE CITY OF APACHE JUNCTION ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS DENIED . FOR DENIAL (With the Emergency Clause ) P@ACHE do O n y 5 U P5;;Z �r._ gRila.,,) Nt it1 on C94aciie c&unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT May 4, 1984 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: 2 Ai 4 MICHAEL J. McNULTY, CITY MANAGER/ ACTING PLANNING DIRECTOR " 1 FROM: V JIM NAKAGAWA, ASSOCIATE PLANNER SUBJECT: REQUEST FOR AGENDA ITEM - MAY 15, 1984 PZ-6-84 (PROPOSED ORDINANCE NO. 259) • PZ-6-84, Proposed Ordinance No. 259, was approved and adopted by the City Council at their meeting of April 17, 1984. An error was found in the legal description used in the Ordinance. At this time we are requesting the City Council to give their approval to the amended Ordinance with the Emergency Clause since this Ordinance was to become effective on May 18, 1984. Recommended Motion BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that Ordinance No. 259, "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-6-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH); REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY," be approved as amended. JAN:mas Approver for Agenda Date/ Item # First Reading rl ale _;,1-- Second Reading - Public Hearing - Old Business L-New Business Consent Agenda 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 /.N /01\ 'ktems^, � -, ORDINANCE NO. 259 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-6-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE (TH), 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, THAT: SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcels of land described as Parcel No. 1 The West i of the East i of the South l: of the Southwest k of the Southeast 1 of the Northwest k of Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, and Parcel No. 2 The East l; of the East i of the South } of the Southwest 1 of the Southeast ; of the Northwest 1 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), subject to the stipulation that the applicant dedicate the south forty feet (40') of Parcel No 1, and the south forty feet (40') and the east thirty-three feet (33') of Parcel No. 2 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 yrt 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 EMERGENCY CLAUSE It is 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 be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor /N "'' ATTEST. /0ftk. Kathleen Connelly City Clerk II APPROVED AS TO FORM David F. Alexander City Attorney - .max. -_ ORDINANCE NO 259 PAGE TWO OF TWO - • • • - ITEM NO . 5 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 259 , BY TITLE ONLY FOR THE FIRST READING . FIRST READING (Without the Emergency Clause ROLL CALL VOTE SHEET NOTES Ovdkj ITEf1 # MEET NG OF -51/5!N MOTION BY: )_,Z) SECONDED BY: i • YES NO ABSTAINED VICE MAYOR _ETPSON COUNCILMAN. STEELSMITH COUNCILMAN TAYLOR C6 lt --f i T I I_ COUNCILMAN SHANKS .COUNCILMAN DAMIANO l� _MAYOR CLARKE _ i/ UNANI°IOUS IN FAVOR OPPOSED 1 ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF 5(15(V4 MOTION BY: tj, COVA SECONDED BY: )0t.il, I0 YES NO ABSTAINED COUNCILMAN SHANKS V/ COUNCILMAN DAMIANO COUNCILMAN STEELSMITH VICE_MAYOR EIDSON COUNCILMAN TAYLOR O UN-C I LMA" L .MAYOR CLARKE UNANIMOUS IN FAVOR OPPOSED j ABSTAINED TOTAL v yti ITEM NO . 5 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 259 , 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 . 259 , BY TITLE ONLY WITH THE EMERGENCY CLAUSE . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 259 , BE APPROVED AS AMENDED . BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT/ORDINANCE NO . 259 , 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-6-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE ( TH ) ; 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 . 5 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 259 , 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 2CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 259 , BY TITLE ONLY WITH THE EMERGENCY CLAUSE . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 259 , BE APPROVED AS AMENDED. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT ORDINANCE NO . 259 , 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-6-84 FROM GR GENERAL RURAL TO TRAILER HOMESITE ZONE ( TH ) ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVEABILITY ; AND DECLARING AN EMERGENCY , BE AND HEREBY IS DENIED . FOR DENIAL ( With the Emergency Clause ) I ACH�✓Gti k� U , 'a1 Z .c F gRiZocok (70 ity o < 479(iche &unction Approver for Agenda P`� 45a_tkv c�Item # May 8, 1984 First Reading Second Reading Public Hearing Old Business ,Z New Business Consent Agenda MEMORANDUM TO: HONORABLE MAY144:' MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER,, 'JOY/ DIRECTOR OF PUBLIC/WORKS FROM: CITY ENGINEER Qk•13,. SUBJECT: REQUEST FOR AGENDA ITEM - MAY 15, 1984 (AB-84-4 RESOLUTION N O. 84-6) GENERAL INFORMATION: APPLICANTS: PAUL AND HAZEL CASPER LELAND AND WILHELMINA WRAY PARCELS: 103-18-56 B 103-18-65 A STREETS REQUESTED: East 15th Avenue (Between South Starr Road and South Vaquero Road). STREET CONDITION: Unimproved (Access for both parcels is off South Starr Road). D.C.C. COMMENTS: The committee reviewed this abandonment at its April 26, 1984 meeting. No objection was shown for this request. 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 PROPOSED MOTION: BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that in case number AB-84-4, Resolution No. 84-6, "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY ON EAST 15TH AVENUE BETWEEN SOUTH STARR ROAD AND SOUTH VAQUERO ROAD, AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-4, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, " is hereby (approved) (denied). JBB:jw P4PkCyF✓G It::, rr P^�'�t+�N Ur i g f t, '1Rizok- P its o &47iac`2e ounclian April 26, 1984 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: d, /CITY MANAGER i FROM- CHAIRMAN - DEVELOPMENT COORDINATING COMMITTEE \ REGARDING. AB 84-4 (WRAY/CASPER) The Development Coordinating Committee reviewed the application on April 26, 1984, and has no objection to the request for abandonment. RWB:sh cc: DCC Committee Members 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 RESOLUTION NO. 84-6 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 EAST 15TH AVENUE BETWEEN SOUTH STARR ROAD AND SOUTH VAQUERO ROAD, AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-4, ARE � 3 =.�' NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY /Il\ ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the Pinal County Board of Supervisors and the City of Apache Junction, Arizona, entered into a cooperation agreement dated January 25, 1982, where it was agreed to abandonment of federally patented easements on the property described in this Resolution; and WHEREAS, the requested abandonments are easements for public rights-of-way purposes described as these parcels of land located in Section 27, Township 1 North, Range 8 East, Gila and Salt River Base - - and Meridian, Apache Junction, Pinal County, Arizona, and more particularly described as follows: Parcel No. 1• The south thirty-three (33) feet of the south 2 of the Northwest ; of the Southwest 1 of the Southeast } of the Northeast }, EXCEPT the west thirty-three (33) feet and the east thirty-three (33) feet thereof. _ Parcel No. 2: The north thirty-three (33) feet of the north i of the tSouthwest 1 of the Southwest 1 of the Southeast z of the Northeast 1, EXCEPT the west thirty-three (33) feet and the east thirty-three (33) feet thereof. WHEREAS, the abandonments requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a federally patented easement which may in the future *I� be developed, and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these said federally patented easements for public rights-of-way purposes as described herein are classified as local streets on the Apache Junction Street Classification Plan and are no longer necessary for public use as roadways, and WHEREAS, these said easements requested for abandonment have never been improved as public roadways and maintained by a local governing agency. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described federally patented easements reserved for public rights-of-way purposes are hereby abandoned and extinguished as present or future public rights-of-way BE IT FURTHER RESOLVED, that the abandonment of the public rights-of-way has no effect on reservations for public utility easements. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Wendell J Clarke Mayor ATTEST Kathleen Connelly 4Mw RESOLUTION NO. 84-6 PAGE TWO APPROVED AS TO FORM a 'd Al exan r City Attorney • •• . . - . • . . - - . -.• - .•• . _ . • . . . • • - - - • - - - . . . • •• _ . •- - . .. . : - Resolution No 84-6 Page Two of Two %RAY - GASPER A BAN bohlt1ErlT AB-84-4 iti 0 A55 C3 Sor5 Pgrcei Nirm bCl (NO. 103'1fi- ) „ EaSemeq}' To Be Abancicaed 1 1 �1 _ v 1 , ' 1 1 ® � i I I I I 12 t1, AVL - _- _ — — -- r - 4 — I c 36 I 4I I I ( 0 0I �z4, i I 3'0 I= � I i 1 o a U ;\ _ , 38 37 1 2L5' rl N _ — — — — - -- 1ZOy/,;ia nrL a 1/3' — n �� I3 i H ;oa� I i-� DCAD Av E 47 - i 1— 4 A__ 1 1 I 1 — — — - I rn - I 5 51 1 ti' I I n o u 1 a ® C I Z I `y W O ''5 N I 4 I•' 1 a8 4R ,, gLT, — ' 1 I 1 i ' I — — — _I _ _ 14 sh tz AVE 5 8 I 57 I I U1 1 _ I 1 1 1 el G T W OC I O I ® 1�T`+ A,YE I a A 1 1 0I �^ 8t. 0i ! ® I ',/ i I I o+ 85 I I H - - - _ I — — — I A - - - - - _ _ - - � 1 _ - - 161h AYE I L A. .. ROLL CALL VOTE SHEET NOTES • OF �-/s41 ITEM #�_ MEETING MOTION BY: ILitl(LSECONDED BY : Atti& '�• YES NO ABSTAINED COUNCILMAN TAYLOR J-C-0UNCILPIAU L COUNCILMAN SHANKS VICE_MAYOR FIDSON COUNCILMAN DAMI ANO _COUNCILMAN STEELSMI MAYOR_CLARKF UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL A\ Aok • • • • ITEM NO . 6 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT RESOLUTION NO . 84-6 , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS-OF-WAY ON EAST 15TH AVENUE BETWEEN SOUTH STARR ROAD AND SOUTH VAQUERO ROAD , AS DESCRIBED IN STREET ABANDONMENT CASE AB-84-4 , ARE NO LONGEF NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY , BE AND HEREBY IS APPROVED AND ADOPTED. I 1 A' '° O UJ NA,1.i'9 { ) Z 'IR/zONP `Oity on &4pacIae &unction May 8, 1984 MEMORANDUM TO: HONORABLE MAYO0'ND MEMBERS OF THE CITY COUNCIL 1 THROUGH. CITY MANAGER -.ty FROM: CITY CLERK 01 SUBJECT: AGENDA ITEM -- REQUEST FOR EXTENSION FOR LOT CLEAN-UP During the past month, numerous notices have been sent to property owners informing them that they are in violation of Article 9-2 of the City Code. Many of these owners have now brought their property into compliance. Those who have not completed the work are now subject to having the lot brought into compliance by the city and being billed for the work and having a lien placed on the property if the bill remains unpaid. Three individuals have submitted written requests to the Council asking that they be given an extension of time in order to bring their property into compliance. Copies of these letters are attached as well as the section of the City Code which outlines the appeal process. This item will be placed on the May 15th agenda for your action. A suggested motion is attached. , kmc Approver for Agenda -e-Date, Item # First Reading -//c-/k 7__._G.__ Second Reading Public Hearing Old Business _AZ New Business Consent Agenda 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982 8002 Am. 9-2-7 HEALTH AND SANITATION 9-2-9 Sec. 9-2-7 Appeal to Council 1110 Prior to the date set for compliance on the notice, the owner or person controlling such property may appeal in writing •to the council from the demand of the clerk. The council shall, at its next regular meeting after receiving the appeal, hear and determine the same and the decision of the council shall be final. The council may either affirm or reverse the decision of the clerk or modify the scope of the work as required in AM\ the notice. Sec,. 9-2-8 Removal by City When any such person to whom notice, as provided in this article, has been given, and on or before the date of compliance on the notice, or within such further time as may have, been granted by the council on appeal, fails, neglects or refuses to move from such property any or all litter, the clerk is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person controlling such property. Upon completion of the work, the clerk shall prepare a verified statement of account of the actual cost of such removal or abatement, the date the work was completed and the street address and legal description of the property on which said work was done, including five percent for additional inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property in the manner prescribed in Section 9-2-6. The owner or person controlling such property shall have thirty days from the date of service upon him to appeal in writing to the council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the clerk within such thirty day period, then the amount of the assessment as determined by the clerk shall become final and binding. If an appeal is taken, the council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made. The decision of the council shall be final and binding on all persons. Sec. 9-2-9 Lien for Removal If no appeal is taken from the amount of the assessment, or if an appeal is taken and the council has affirmed cr modified the amount of the assessment, the original assessment or the assessment as so modified shall be recorded in the office of the county recorder and from the date of its recording, shall be a lien on said lot or tract of land until paid. Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of 4110 this article shall be made upon judgment of foreclosure or order of -69- 9-2-10 HEALTH AND SANITATION 9-2-10 ® sale. The city shall have the right to bring an action to enforce the lien in the superior court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording thereof. A prior assessment for the purposes provided in this section shall not be a bar to a ,..� subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action. Sec. 9-2-10 Placement of Litter It is unlawful for any person to place any litter, rubbish, trash, filth or debris upon any private or public property not owned or under the control of said person. In addition to any fine which may be imposed for violation of any provision of this section, such person shall be liable for all costs which may be assessed pursuant to this article for the removal of said rubbish, trash, filth or debris. • • • CO -70- BRASS FIELD, COWAN 8, HOWARD ATTORNEYS AT LAW FRANK E.MAYNARD (1885 1964) SUITE 1107 ROCKFORD TRUST BUILDING AREA CODE 815 JAMES F MAYNARD(1915 1976) 206 WEST STATE STREET 968 8878 EUGENE E BRASSFIELD P.O BOX 590 ALFRED W COWAN,JR ROCKFORD, ILLINOIS 61105 WILLIAM J HOWARD April 19 , 1984 GARY R KARDELL FREDERIC T.BRANDT City of Apache Junction 1001 North Idaho Road Apache Junction, Arizona 85220-0190 In re. Our Client - Martin J Braffet , Cecelia Beryl 1225 Ramona Terrace Rockford, Illinois - Alleged Violation of City Code , Article 9-2 Pinal County Lots Attention: Kathleen Connelly, City Clerk Dear Ms . Connelly• This letter confirms my telephone conversation with you on behalf of Mr and Mrs . Braffet with reference to the property they own in the City of Apache Junction. As I explained to you, they have owned the property for almost 20 years and this is the first instance that they have been made aware of debris ,.� being deposited on that property. It upsets them to have the residents of the City use their lot as a place to dump debris , and they are just as interested as the City is in'maintaining the property in good condition. Thank you for agreeing to forward a photocopy of the maintenance people in the City of Apache Junction so that my clients can contact them and make arrangements for the property to be cleaned up . Needless to say, they were upset when they got the letter, and they have informed me to write to you indicating that they would appreciate the opportunity to sign a Complaint, and cooperate with City officials , in the prosecution of any person or persons dumping trash, garbage or any other foreign matter on their property. They also realize it is difficult to apprehend these individuals , but if it should happen that their cooperation is necessary in the future , rest assured they will give it. They will be making the arrangements to have someone clean up the lot , and as we discussed on the phone , they would City of Apache Junction Page - 2 - 1001 North Idaho Road April 19 , 1984 Apache Junction, Arizona 85220-0190 Re . Martin J. Braffet appreciate an extension of 30 days from the time limit set forth in your letter of March 29 , 1984, to accomplish this . Hopefully, they can contact a maintenance person and accomplish this clean up by May 2nd, and the 30-day extension of time would assure that the job could be done. You indicated you would present this to the City Council and request their approval . Thank you for your assistance and cooperation. Sincerely, BRASSFIELD, COWAN & HOWARD By GL- .,_.,e �lrj> EEB •bk cc • Mr. & Mrs . Martin J. Braffet re IV1ay o Nc! CITY Ca v ., c( I .�. re 7C/ e 5 % a 30 oho e x ( e N S/ G Lt T O C -eRh y ti/ qv � e � a 5 < ,� Log / 4 � S Th .e 14/'Ye c rH9 y aHef 5 T / k / � T. { ,^ / / e 5 ow, O' , Gt pf cN ..e n T. V�� Ore z C - - 1 4/ /e3,3-er ee -fr &"6 ter . . — ,Z3—ar" � �YC�h.�C ,Cj,,� . �i1� � .�,.-.-✓� ���.�L�C�y�� .�.YL�� c�LL1�Q—� 4z-dst,e,sd, GZ Zet-/-‘ C,,;) ,/4/7e no0 CZ1) :/1" 7 41`" - _4/-e,er/ /e17;1Ldi " .1a7 , ROLL CALL VOTE SHEET NOTES t ‘i\ OS- 10 ITEM # MEETING OF 5/44/ MOTION BY: Guth. SECONDED BY; Jcwil&k. YES NO ABSTAINED :IYINCTI MAN1Y\MIANO AY__"'LN'AN TAYLOR 011NCILMAN N:► . i1ICF MAYOR EIDSON . COUNCILMAN. ___ IT MAYOR CLARKE UNANIIOUS , IN FAVOR OPPOSED ABSTAINED TOTAL it AN. • - ITEM NO. 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT THE FOLLOWING INDIVIDUALS BE GRANTED AN EXTENSION OF TIME TO BRING THEIR PROPERTY INTO COMPLIANCE WITH ARTICLE 9-2 OF THE CITY CODE : MARTIN BRAFFET AND CECELIA BERYL , 30 DAY EXTENSION TO EXPIRE JUNE 14 , 1984. KENNETH MUDGE , 30 DAY EXTENSION TO EXPIRE JUNE 14 , 1984 . ROBERT COOK , 45 DAY EXTENSION TO EXPIRE JUNE 29 , 1984 . Aft. Agmft. ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF _, f `t MOTION BY: ��21 ,,�,� �'L 1, SECONDED BY; nijirT) YES NO ABSTAINED COUNCILMAN STEELSMITH COUNCILMAN SHANKS COUNCILMAN TAYLOR COUNCILMAN DAMIANO VICE MAYOR EIDSON MAYOR CLARKE UNANI"^OUS IN FAVOR OPPOSED ABSTAINED TOTAL • ITEM NO . 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT : ( a) A SPECIAL MEETING BE HELD ON MAY 21 , 1984 , AT 7 : 00 P .M. , IN THE CITY COUNCIL CHAMBERS FOR THE CANVASS OF VOTES ; (b ) A WORK SESSION BE HELD ON MAY711 , 1984 , IN THE COMMUNITY SERVICES BUILDING , AT 7 : 00 P . M. , FOR A BUDGET WORKSHOP ; ( c )A WORK SESSION BE HELD ON JUNE 4 , 1984 , AT 7 : 00 P . M . , IN THE CITY COUNCIL CHAMBERS , AND (d) THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON JUNE 5 , 1984 , AT 6 : 00 P .M . , IN THE CITY COUNCIL CHAMBERS . PQACHE✓ Ath ,{ O DEPARTMENT OF PUBLIC SAFETY U 4,9 t�e1C Z '�RIZONPV Sl/ r o ac/Ge &unction W E McDANIEL Director May 7, 1984 MEMORANDUM TO: Honorable Mayor" City Council THROUGH: City Manager „e FROM: Director of Public Safety j4 $1 SUBJECT: New Patrol Vehicles O'Rielly Chevrolet in Tucson presently has some police package vehicles which are on bid for the City of Tucson. We are requesting that we be allowed to purchase five of these vehicles to replace high mile vehicles that we presently have in our fleet. The cost per unit is $10,650.00 plus sales tax. We have presently enough funds to purchase these vehicles. WEM/al Approver for Agenda D to Ite # First Reading /. 4' � Second Reading - Public Hearing - Old Business New Business Consent Agenda 1001 NORTH IDAHO RD • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8260 ROLL CALL VOTE SHEET NOTES • P r I[ ITEM # MEET EETI�dG OF 5 —kri MOT ON BY: a,� SECONDED BY: Dcuittak& YES NO ABSTAINED VICE MAYOR FTT)SON ✓ COUNCILMAN. STEELSMITH ✓ COUNC I LM-AN TAYLOR NC I LMA-Pi- itu t COUNCILMAN SHANKS ✓ LOUNCILMAN DAMIANO MAYOR CLARKE UNAN I!IOUS IN FAVOR OPPOSED ABSTAINED TOTAL ti ti • - g- 'R-m!?: *2 3.`'. ,rt. •_.. ITEM NO . 8a BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THAT AUTHORIZATION BE GIVEN TO THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE CITY MANAGER , TO PURCHASE FIVE ( 5 ) VEHICLES FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $10 , 650 . 00 PLUS APPLICABLE SALES TAX . ROLL CALL VOTE SHEET NOTES R v1 ITEM # MEETING OF POTION BY : TACIP SECONDED BY : _ YES NO ABSTAINED COUNCILMAN TAYLOR \Z- .... COUNCILnftft-Ejt - COUNCILMAN SHANKS VICE_MAYOR FIDSON COUNCILMAN DAMIANO L_COUNCILMAN STEELSMITh __MAYOR_CLARKF UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ,�' �.+ 'a"; sa�'..t ,~.a a .>* ^xrryt,a. ak "�'^ 7 .`''"srs..k ITEM NO . 10 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 ROLL CALL PRESENT ABSENT W.S. W.S. MAYOR CLARKE V/ VICE-MAYOR EIDSON ! ✓ �✓ COUNCILMAN HILL ! I ✓ Zve COUNCILMAN TAYLOR ✓^ ! �/ COUNCILMAN SHANKS ! I �,✓ COUNCILMAN SILLLSMITH , ;/, COUNCILMAN DAMIANO TOTAL 1-t H.,/ < P- C STAFF PRESENT W.S. CITY MANAGER MICHAEL J. MCNULTY CITY CLERK Kathy Connelly { FINANCE CONTROLLER Keith Lewis V ( . DIRECTOR OF PLANNING ‘/ DIRECTOR OF PUBLIC SAFTEY Bill McDaniel DIRECTOR OF PUBLIC WORKS Rich Broman ✓ ,/ CITY ATTORNEY r. Alexand /Mr. Hirsch \,/ ECONOMIC DEVELO ECIALIST John Schoeph V,,✓ ROLL CALL VOTE SHEET NOTES ITEM # ( ~METING OF MOTION BY: '` Q'- ,.- SECONDED BY: 1) �' 0'6 Q �� YES NO ABSTAINED VICE MAYOR FTDSON COUNCILMAN, STEELSMITH COUNCILMAN TAYLOR COUNCILMAN MIL _COUNCILMAN SHANKS .COUNCILMAN DAMIANO N✓ • MAYOR CLARKE UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL CITY OF APACHE JUNCTION Vi9IJA) REQUEST TO SPEAK NAME: L, LA/0 tytr>4 Y DATE: - 5 - 8"5/ ADDRESS: /T 9 J 5, S74/I g AGENDA ITEM:`