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HomeMy WebLinkAbout1985 10.01 City Council Regular Agenda O� �,4ACH\G2.. ... c5 .,v,,,!:4740;;)z t_ r APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS Ime, 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 OCTOBER 1 , 1985 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CONSENT AGENDA (All items marked with an asterisk (*) will be considered by the City Council as a group and will be adopted with one motion. No separate discussion will be held on any of these items unless a Councilmember wishes to do so. In this case, the item will be removed from the Consent Agenda and considered separately. ) *1. Acceptance of Regular Meeting Agenda *2. Acceptance of Minutes from the Regular Meeting of September 3, 1985 *3. Acceptance of Minutes from the Regular Meeting of September 17,1985 INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS AWARDS, PRESENTATIONS AND COMMUNICATIONS Presentation by Arizona Association for Retarded Citizens CITY MANAGER'S REPORT PUBLIC HEARINGS 4. PROPOSED ORDINANCE NO. 406, PZ-40-85, Application by Wilmer and Gertrude Hohn to rezone 2 1/4 acre parcel , located on northeast corner of the intersection of North Main Drive and West Roundup Street in Section 18, from GR General Rural to TH Trailer Homesite Zone. 5. PROPOSED ORDINANCE NO. 413, PZ-47-85, Application by Bryan Scott Upton to rezone a 1 1/4 acre parcel , located just south of the southwest corner at the intersection of West Tepee Street and North Valley Drive, from GR General Rural to TH Trailer Homesite Zone. 6. PROPOSED ORDINANCE NO. 417, PZ-50-85, Application by Joseph Edward Sendelbach represented by Robert Jones to rezone a 5 acre parcel , located at the southwest corner of the intersection of U.S. Highway 60 and South Bowman Road in Section 27, from GR General Rural to C-4 Heavy Commercial District. 7. PROPOSED ORDINANCE NO. 429, PZ-51-85, Application by ICAM Properties, Clara M. Carney, Randall D. Skidmore and John Rottweiler to rezone a 2 1/2 acre parcel , located 400' south of Apache Trail approximately 280' east of Thunderbird Drive, from Gr General Rural to C-3/PD General Commercial by Planned Development. 8. PROPOSED ORDINANCE NO. 430, AMENDING SECTION 6.02 (1) (E) OF THE SUBDIVISION REGULATIONS 9. PROPOSED ORDINANCE NO. 432, AMENDING THE APACHE JUNCTION CITY CODE BY ADDING ARTICLE 2-16 EMERGENCY POWERS AND AUTHORITY (With the Emergency Clause) OLD BUSINESS 10. FINAL PLAT APPROVAL FOR SUPERSTITION HEIGHTS, SD-1-85 (Postponed Item) 11. RECONSIDERATION OF PROPOSED RESOLUTION NO. 85-26, AB-85-05, Abandonment of Smoketree Street from Saguaro Drive to Ironwood Drive NEW BUSINESS 12. PROPOSED RESOLUTION NO. 85-45, AB-85-09, Abandonment of 22nd Avenue from Cortez Road to Acacia Road and Stagecoach Road from Southern Avenue to Highway 60, 70, 80, and 89. 13. PROPOSED RESOLUTION NO. 85-44, AB-85-10, Vacation of a Portion of Plaza Drive 14. RECOMMENDATION FOR AWARD OF BID FOR LIBRARY/SENIOR CENTER 15. ACTION ON CONTRACT FOR CITY MANAGER 16. APPROVAL OF SUBMITTAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT TO GOVERNOR'S OFFICE FOR FUNDING CONSIDERATION. 17. ACCEPTANCE OF RESIGNATION FROM AND APPOINTMENT TO PLANNING AND ZONING COMMISSION 18. , EXECUTIVE SESSION, WORK SESSION, OCTOBER 15, 1985 CALL TO THE PUBLIC 19. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REQUESTS OF COUNCIL 20. ADJOURNMENT "THANK YOU FOR ATTENDING THIS MEETING OF THE CITY COUNCIL AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS." spurs CITY COUNCIL REGULAR MEETING SEPTEMBER 3, 1985 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 3, 1985, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:23 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present. Councilman Baljo, Councilman Eidson, Councilwoman Gardner, Councilman Jimenez, Councilwoman Taylor, Vice Mayor Bakkedahl, Mayor Hill Staff Present: City Manager Michael J. McNulty City Clerk Kathleen Connelly Director of Planning Chuck Newcomer Representing Director of Public Safety, Lieutenant Reed Cox Director of Public Works Rich Broman Deputy City Clerk Lori Clark City Attorney David Alexander Superintendent of Community Services Jeff Bell 'mak Economic Development Specialist John Schoeph Others Present: Ms Deanene Weber 551 S. Main Drive Apache Junction, AZ 85220 Mr. Tom Kanasey Supervisor Youth and Family Services City of Tempe Mr. Roger Locke Arizona Department of Corrections Bureau of Prevention Services Ms Sharon Scully Department of Corrections Ms Sylvia Stevens 612 N. Signal Butte Apache Junction, AZ 85220 s Mr. Keith Stachar 6301 E. Roundup Apache Junction, AZ 85220 Mr. Jim Swanson 5274 E. 2nd Avenue Apache Junction, AZ 85220 Mr. Chuck Jazstremski [ 5722 E. 10th Avenue Apache Junction, AZ 85220 Ms Martha Hopkins 538 N. Goldfield Apache Junction, AZ 85220 Mr. Gary Fuller 1855 E. Southern Avenue Mesa, AZ Attorney Bob Jones 7007 E. Apache Trail Mesa, AZ ACCEPTANCE OF CONSENT AGENDA Vice Mayor Bakkedahl MOVED THAT CONSENT AGENDA ITEM NOS. 1 AND 2 BE ACCEPTED AS PRESENTED. Councilman Baljo seconded them motion. VOTE: In Favor. Councilman Baljo, Councilman Jimenez, Councilman Eidson, Councilwoman Taylor, Councilwoman Gardner, Vice Mayor Bakkedahl Abstained- Mayor Hill The motion carried. Introduction of Distinguished Visitors and Guests None. Amok. AWARDS, PRESENTATIONS AND COMMUNICATIONS Ms Deanene Weber, 551 S. Main Drive, Apache Junction, introduced Sharon Scully and Roger Locke, to give a presentation on Youth Advisory Board. Mr. Tom Kanasey, Supervisor of Youth and Family Services, City of Tempe, addressed the Council outlining the membership and purpose of the Youth Advisory Board for the City of Tempe. Councilman Jimenez asked how the Board benefits the City and community. Mr. Kanasey stated that this Board has the status of any other Board or Commission and provides input at Council meetings, and many programs are adopted through their efforts. Mr. Roger Locke, Delinquency Prevention, Arizona Department of Correction Bureau of Prevention Services, addressed the Council in regards to funding for such a program, stating that the opportunities for funding are favorable. Ms Sharon Scully, Department of Corrections, stated that this organization is a resource for funding of youth programs, as well as technical direction. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 2 OF 20 -'.ii Councilman Baljo thanked these speakers for attending the Council meeting. City Manager Michael J. McNulty introduced the new City Building Official/Zoning Administrator, Charles L. Coleman. PUBLIC HEARINGS PROPOSED ORDINANCE NO. 382, PZ-19-85, RESIDENTIAL DISTRICT AMENDMENTS Director of Planning Chuck Newcomer requested that this ordinance be postponed until the regular Council meeting of September 17, 1985, at which time a recommendation will be available from the Planning and Zoning Commission. Councilwoman Taylor MOVED THAT PROPOSED ORDINANCE NO. 382, PZ-19-85, RESIDENTIAL ZONING DISTRICT AMENDMENTS, BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF SEPTEMBER 17, 1985. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 393, PZ-31-85, NEHLS AND STEVENS ) Mr. Newcomer briefed the Council on the request for rezoning from GR General Rural to TH Trailer Homesite of four 1 1/4 acre parcels, located at the southeast corner of the intersection of East Broadway Avenue and South Tomahawk Road in Section 27. Ms Sylvia Stevens, 612 N. Signal Butte, Apache Junction, co-owner of the property, requested approval of the application, explaining that the applicants wish to place three mobile homes on each of the parcels .•••••., Councilwoman Taylor asked how long the trailers have been on the property. Ms Stevens replied that they have been on the property for 18 months, and acknowledged that there are protests against the rezoning. Ms Stevens further explained that there would be sufficient footage per unit, as required. Councilman Jimenez asked if the four mobiles had been put on the property after it was purchased. Ms Stevens replied that it was understood at the time that it was legal, in conformance with State information. City Attorney David Alexander explained that the State is telling property owners that they may divide the property into as many parcels as desired, complying with zoning regulations, as long as the owners don't sell the land nor lease for longer than a year, but that once the property is divided into more than three parcels, it appears to be a subdivision and must comply with City Subdivision regulations. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 3 OF 20 r s Asir Councilman Jimenez commented that the illegal split occured prior to Ms Stevens acquiring the property Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council, Mayor Hill called upon the Director of Planning for recommendations. Mr. Newcomer stated that staff had a concern with there being a split of more than three parcels, and that the protests represent 70% on the east side of the property which necessitates a three-quarter vote by Council for approval, and further stated that the Planning and Zoning Commission recommend approval with stipulations. Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO. 393, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE. Unanimous The motion carried. City Clerk Kathleen Connelly read as follows- ORDINANCE NO. 393, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-31-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO. 393, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, 00•06+ ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-31-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. Councilman Jimenez stated that the protesters made valid points and that the Council is working on solving these types of problems. VOTE- Unanimous The motion carried. PROPOSED ORDINANCE NO. 405, PZ-39-85, BUSBOOM, EDWARDS AND WYNN Mr. Newcomer briefed the Council on the application for rezoning from GR General Rural to C-3 General Commercial District of two 2 1/2 acre parcels, 3.5 acres net, bounded by South Tomahawk Road, South Vista Road, East 11th Avenue and East 12th Avenue. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 4 OF 20 ir""""3 Mr. Keith Stachar, 6301 E. Roundup, Apache Junction, representing the applicant, stated that this is an attempt to create a small but highly diverse commercial development, specifically service type businesses. Councilman Jimenez expressed concern that without a planned development on this property, it could become similar to businesses to the south. Councilman Baljo stated that the Ark restrictions on a C-3 zone in the new Zoning Ordinance are strict enough to prevent an eye-sore. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council, Mayor Hill called upon the Director of Planning for recommendations. Mr. Newcomer noted that the property is close to Highway 60, Tomahawk Road is an arterial roadway, property to the west has been rezoned to CB-1 and land to the south is CB-2 zoning, and that the designation for area is low density residential with adjacent properties to the north and east are zoned General Rural, and stated that the Planning and Zoning Commission recommend approval with the stipulations that dedications be made for public roadway purposes, and also that this area should be considered for a change in the next revision of the General Plan. Mr. Stachar stated that with the requirements of the new C-3 zoning, this development will help promote the property to south with non-conforming uses. Mayor Hill closed the hearing to the public. IL Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO. 405, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE. Unanimous Ago\ The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 405, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-85 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY Councilwoman Taylor MOVED THAT ORDINANCE NO. 405, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-85 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 5 OF 20 �� i *.� Amok. Councilman Jimenez expressed his feeling that this is deviating from the General Plan, and suggested that a site plan be requested or this property be rezoned with a planned development. Councilman Baljo stated that an additional restriction should not be added without applicant participation. City Attorney David Alexander �� advised that a condition may be placed on the rezoning if the Council is so inclined, and the applicant does not have to accept such a rezoning. Councilman Jimenez amended the motion by approving the rezoning with the applicant submitting a site plan to the Planning Department for review. Councilwoman Gardner seconded the motion. Councilwoman Taylor expressed her feeling that the applicant should be able to reply to this restriction. Councilman Jimenez MOVED THAT THE PUBLIC HEARING BE REOPENED. Councilman Baljo further discussed the General Plan designation of the application. Councilwoman Gardner seconded the motion. VOTE. In Favor: Councilman Eidson, Councilman Jimenez, Councilwoman Taylor Councilwoman Gardner, Vice Mayor Bakkedahl, Mayor Hill Opposed. Councilman Baljo The motion carried. Mr. Keith Stachar stated that anything that would be included in a site plan is already required with any type of development when dealing with the Building Department, Engineering, Fire Department, Health Department as the development progresses. Mr. McNulty agreed that site plans "o\ will have to be submitted for drainage retention, parking, set-backs, and street off-site improvements. Councilman Jimenez asked if planned development procedures would include anything not mentioned as routine plans for any development. Mr. Newcomer replied that structure heights, land uses, points of access, landscaping and screening from residential areas would also be of major concern. Mayor Hill closed the hearing to the public. VOTE (On Amendment to the Motion). In Favor- Councilwoman Gardner, Councilman Jimenez Vice Mayor Bakkedahl Mayor Hill Opposed. Councilman Eidson, Councilwoman Taylor Councilman Baljo The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 6 OF 20 .+k3" Councilman Baljo amended the amendment to the original motion THAT THE SITE PLAN WILL BE SUBMITTED TO THE PROPER CITY DEPARTMENT AT THE PROPER TIME OF DEVELOPMENT. Councilman Eidson seconded the motion. VOTE (On Amendment to the Amendment to the Original Motion). Avalik I In Favor: Councilman Baljo, Councilman Eidson, Councilwoman Gardner, Councilwoman Taylor, Vice Mayor Bakkedahl, Mayor Hill Opposed: Councilman Jimenez The motion carried. VOTE (On the Original Motion): In Favor: Councilman Baljo, Councilman Eidson, Councilwoman Gardner, Councilwoman Taylor, Councilman Jimenez, Vice Mayor Bakkedahl, Mayor Hill The motion carried. PROPOSED ORDINANCE NO. 418, HEALTH PERMITS (With Emergency Clause) City Clerk Kathleen Connelly explained that as part of the Intergovernmental Agreement with the Pinal County Health Department this adopts licensing requirements for those businesses that serve food or beverages, and this ordinance puts those stipulations into the City Code. Mayor Hill asked if there was anyone who wished to speak on this item. There being no one wishing to address the Council, Mayor Hill closed the hearing to the public. Councilwoman Taylor asked if this includes ice cream vendors, etc Ms Connelly replied that this requires that they also obtain health certificates prior to licensing. 'm1 Councilman Eidson asked if this would prohibit clubs having cake sales or girl scouts selling cookies. Mr. McNulty stated that this is basically addressing the preparation and preservation of food, and if we wish the County to perform this service we are required to indicate so, if not, it would be necessary for the City to provide the service. Mr. McNulty further stated that the County is requesting that we not issue business licenses prior to securing a County Health Certificate. Mr. McNulty explained that charitable organizations not required to obtain a business license, would not be required to have a health inspection. Ms Connelly stated that the swap meet proprietor requires all food vendors within the swap meet to have a health certification. Councilman Eidson MOVED THAT ORDINANCE NO. 418, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion VOTE. Unanimous REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 7 OF 20 Jy s The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 418, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, BY ADDING SECTION 8-1-10 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED AND AMENDING SECTION /"'k 8-5-14 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO. 418, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, BY ADDING SECTION 8-1-10 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED AND AMENDING SECTION 8-5-14 CERTIFICATE OR PERMIT FROM HEALTH DEPARTMENT REQUIRED; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 421, ESTABLISHING SPEED LIMIT ON LOST DUTCHMAN FROM IDAHO ROAD TO GOLDFIELD ROAD (With Emergency Clause) Mayor Hill opened the hearing to the public. Director of Public Works Rich Broman explained that the portion of Lost Dutchman Boulevard between Idaho Road and Goldfield Road is lacking a speed designation and that this ordinance provides that. Mayor Hill asked if anyone wished to speak on this item. There being no one wishing to address the Council, Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO. 421, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as I follows ORDINANCE NO. 421, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING THE SPEED LIMIT ON LOST DUTCHMAN BOULEVARD BETWEEN GOLDFIELD ROAD AND IDAHO ROAD, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 8 OF 20 Councilman Baljo MOVED THAT ORDINANCE NO. 421, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING THE SPEED LIMIT ON LOST DUTCHMAN BOULEVARD BETWEEN GOLDFIELD ROAD AND IDAHO ROAD; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE. Unanimous The motion carried. PROPOSED ORDINANCE NO. 422, ESTABLISHING ANIMAL REGULATIONS (With the Emergency Clause) Mayor opened the hearing to the public. Ms Connelly stated that this ordinance is in conjunction with the proposed equine zoning district regulations, which will possibly be presented to the Council on September 17th regular meeting, and combines recommendations from the Superstition Horseman's Association and Pinal County Animal Regulations, and includes harboring of animals, sanitary conditions of premises, and provides for enforcement. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the issue. Councilwoman Taylor MOVED THAT ORDINANCE NO. 422, BE POSTPONED FOR FURTHER DISCUSSION. Vice Mayor Bakkedahl seconded the motion. Mr. Chuck Jazstremski, 5722 E. 10th Avenue, Apache Junction, addressed the item stating that this ordinance is a result of discussion between the City and the Horseman's Association but has been altered, specifically in regards to manure removal, and requested that those sections of the ordinance be made less restrictive. Councilwoman Taylor withdrew the motion. Vice Mayor Bakkedahl withdrew the second. Councilwoman Taylor MOVED THAT ORDINANCE NO. 422 BE AMENDED BY DELETING THE WORDS "ONE TIME PER WEEK OR" FROM SECTION 6-6-3 (A) SANITARY REGULATIONS, AND BY DELETING PARAGRAPH B OF THE SAME SECTION. Mr. Jim Swanson, 5274 E. 2nd Avenue, Apache Junction, addressed the Council in opposition to the proposed ordinance, requesting specific changes. J Ms Martha Hopkins, 538 N. Goldfield, Apache Junction, expressed the opinion that manure should be removed every 30 days, and that the original ordinance is not too restrictive, and complained about a neighbor with a manure problem Councilwoman Taylor replied that in the past the Horseman's Association has done some policing of other horse owners REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 9 OF 20 Amok Councilman Baljo stated that the ordinance should be acted on and possibly amended at a later date. Mr. Jazstremski stated that the remedy is not to put a number of days that manure must be removed, but should read "as often as necessary". Councilman Eidson stated that other complaints have been made with regards to manure problems, and asked if the City may issue citations or does this have to go through the Pinal County ^k Health Department. Mr. McNulty replied that an ordinance such as this would allow enforcement by the City. Councilwoman Gardner asked if this ordinance were passed tonight, when would it take effect? Ms Connelly stated that as this ordinance does include the emergency clause, it would take effect immediately. Mr. McNulty clarified that the amendments would include striking "one time per week or" in Section 6-6-3 (A), and paragraph B in that same section. Councilman Baljo seconded the amendment to the ordinance. VOTE (On Amendment to the Ordinance): Unanimous The amendment to the Ordinance No. 422 carried. Councilwoman Gardner MOVED THAT !If ORDINANCE NO. 422 AS AMENDED, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as r'', follows: ORDINANCE NO. 422, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 6 ANIMALS, BY ADDING ARTICLE 6-6 KEEPING OF ANIMALS, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO. 422, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 6 ANIMALS, BY ADDING ARTICLE 6-6 KEEPING OF ANIMALS; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE L APPROVED AND ADOPTED AS AMENDED. Councilman Baljo seconded the motion VOTE: Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 10 OF 20 �a1 Mayor Hill recessed the meeting at 9:25 p.m. Mayor Hill reconvened the meeting at 9.35 p.m. PROPOSED ORDINANCE NO. 423, TRAFFIC CONTROL DEVICES (With the Emergency Clause Mayor Hill opened the hearing to the Amok, public Mr. Broman explained that this ordinance would allow the City to install approximately eight stop signs at various locations Mayor Hill asked if there was anyone who wished to speak on this item. There being no one wishing to address the Council, Mayor Hill closed the hearing to the public. Councilman Jimenez MOVED THAT ORDINANCE NO. 423, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE• Unanimous The motion carried. City Clerk Kathleen Connelly read as follows- ORDINANCE NO. 423, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO. 423, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION, ARIZONA; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED AND /►. ADOPTED. Councilman Baljo seconded the motion. VOTE• Unanimous The motion carried. PROPOSED ORDINANCE NO. 424, YOUTH ADVISORY BOARD (With the Emergency Clause) Mayor Hill opened the hearing to the L public. Ms Connelly explained that this ordinance establishes a Youth Advisory Board, consisting of nine members, of which five would be juveniles and four adults, and establishes other requirements and a brief description of duties. Councilwoman Taylor expressed her feeling that more juveniles should be on the Board. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 11 OF 20 Mayor Hill stated that more could be added in the future. Councilman Eidson MOVED THAT ORDINANCE NO. 424, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 424, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-14 YOUTH ADVISORY BOARD; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Jimenez MOVED THAT ORDINANCE NO. 424, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-14 YOUTH ADVISORY BOARD, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED, AND THAT DEE WEBER BE APPOINTED TEMPORARY COORDINATOR. Councilman Jimenez explained that this appointment was made to provide a person to begin organizing the Board. City Attorney Alexander advised that no appointments should be made at this time as it is not on the agenda. Mr. McNulty suggested the Community Services Department be appointed on a temporary basis Councilman Jimenez stated that he did not wish to withdraw the appointment, and felt that this would not violate Parliamentary Procedures. Councilwoman Gardner seconded the motion. Councilman Eidson asked again if this appointment would be violating Open Meeting Law. Mr. Alexander stated that he felt it was, but possibly not as long as this person had no powers. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 425, TRASH PICK-UP Mayor Hill opened the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 - PAGE 12 OF 20 y oak Ms Connelly stated that this proposed ordinance establishes hours of operation from 6:00 a.m. to 7.00 p.m. and also prohibits mechanical compaction of trash within a residential district, for trash disposal companies. Ms Connelly also explained that on two different occasions, letters were sent to the companies requesting that they comply with the hours of operation without passing an ordinance, but that avenue was not successful. Mr McNulty stated that upon speaking with trash companies, 6:00 a.m. is considered a standard for other „Ark cities, however, the compacting prior to 8.00 a.m. restriction is extremely limiting and the 6.00 a.m. requirement should be sufficient. Councilwoman Taylor gave the opinions of the trash companies that possibly these restrictions were not necessary, and could possibly cause an increase in price. Mr. McNulty further explained that it should not cause an increase in price, but that the companies would have to work later, having started later and this is a typical hour of operation for all cities in the valley, and that the trucks have to compact every few pick-ups, and by not being able to compact trash until 8:00 a.m., would prevent them from picking up. Councilwoman Gardner suggested deleting the restriction regarding trash compaction from the proposed ordinance. Councilman Eidson stated that the hours of operation should be until at least 9.00 p.m. Councilman Baljo MOVED THAT ORDINANCE NO. 425 BE AMENDED TO CHANGE SECTION 8-5-25 (A) TO 9:00 P.M. AND TO DELETE PARAGRAPH B. Councilwoman Taylor seconded the motion. VOTE (On Amendment to the Ordinance). Unanimous The motion carried. Vice Mayor Bakkedahl MOVED THAT ORDINANCE NO. 425, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE. Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 425, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, BY ADDING SECTION 8-5-25 HOURS OF OPERATION FOR TRASH DISPOSAL COMPANIES; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 13 OF 20 r^s Councilwoman Gardner MOVED THAT ORDINANCE NO. 425, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, BY ADDING SECTION 8-5-25 HOURS OF OPERATION FOR TRASH DISPOSAL COMPANIES; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilman Baljo seconded the I motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 426, INDUSTRIAL DEVELOPMENT AUTHORITY (With the Emergency Clause) Mayor Hill opened the hearing to the public. Ms Connelly explained that this ordinance creates the Industrial Development Authority, establishes number of members, officers, and what constitutes a quorum, in the City Code Mayor Hill asked if there was anyone who wished to speak on this item. There being no one wishing to address the Council, Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO. 426, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 426, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-15 INDUSTRIAL DEVELOPMENT AUTHORITY; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO. 426, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-15 INDUSTRIAL DEVELOPMENT AUTHORITY; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 14 OF 20 s NEW BUSINESS PRELIMINARY PLANNED DEVELOPMENT APPROVAL REQUEST, PZ-67-84, HATTIE'S SELF STORAGE - PHASE I Mr. Newcomer stated that this is an application for a Planned Development for Hattie's Attic Self Storage, 'ark Phase I, which will be a mini storage and R.V. storage and Phase II is proposed for mini storage and leased office space. Mr. Gary Fuller, 1855 E. Southern Avenue, Mesa, builder of the project, requested approval. Councilwoman Gardner asked how much space would be open. Mr. Fuller replied approximately 7% would be open space and that there would be a retention basin of trees and landscaping. Councilman Baljo asked why the developers chose to go with planned development and explained that with this there are additional restrictions, rather than CB-2 rezoning. Councilman Eidson agreed that the 20% open space is restrictive for the size of this project. Vice Mayor Bakkedahl asked why open space is necessary for this type of project. Mr. Newcomer explained that this would provide a buffer between the project and adjacent homes and that the open space is a requirement in the planned development ordinance. Mr. McNulty stated that when the planned development ordinance was adopted, the intent was that it be applied to residential type developments and that the ordinance is really not compatible with commercial developments, and that the way the ordinance is written there is no choice. Councilwoman Taylor asked if this indicated that the development could be amended by deleting the 20% open space requirement. Mr. McNulty replied that the ordinance itself would have to be amended, and that the rezoning would have to be amended also. Mr. Newcomer quoted the section of the planned development ordinance pertaining to open space requirements. Mayor Hill expressed his feeling that it was a waste of land and the developers money to require that much of an open space. Mr. McNulty stated that certain requirements may be waived, such as set-backs, but not open space. City Attorney David Alexander advised the Council that they have the power to pass any law they desire, but not necessarily in accordance with the Statutes and Constitution and can be challenged by someone not receiving the same consideration. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 15 OF 20 110^—s Adak Aft. Councilman Baljo suggested that they pass the development request with amendment, and request a moratorium on planned developments until the ordinance can be amended, so that other commercial planned developments would not have a reason for contesting the decision. Councilman Jimenez stated that Council should not set a precedent with this case. Mr. Bob Jones, 7007 E. Apache Trail, Mesa, Attorney for the applicant, brought to the Councils attention what he felt were flexible points in the ordinance without setting a precedent. Councilman Baljo agreed that it was not the intent upon writing the ordinance, that a precedent would be set for the Council to amend a development. City Attorney Alexander replied that in that particular provision, Council can change base district zone and other developmental standards of CB-2, but planned development provisions has other developmental standards, so this provision only changes base district zone sections, and reiterated that by changing the planned development it could be challenged. Mayor Hill suggested changing the ordinance prior to acting on this planned development application. Councilman Baljo agreed that this action should be postponed. Councilman Eidson expressed his feeling that as there may not be a similar case coming up in the near future, as long as the ordinance is amended as soon as possible, the risk of being challenged would be minimized. Councilman Jimenez stated that staff ■■ recommendations are consistent with City policies and Council should comply with staff and City Attorney recommendations regardless of the extent of risk. Councilman Baljo asked if the project could be approved with the change, and amend the planned development ordinance prior to submitting Phase II to the Council. Mr. McNulty stated that the intent ,01\ of the 20% open space requirement was for recreational type activities in residential developments. Mr. Alexander suggested the possibility of restricting the construction and the use on Phase II, designating that as open space until such time as the applicant applies to the Council for a variance of use, using the open space requirement for RV storage until such time as Phase II is submitted. Mr. McNulty stated that currently the ordinance gives the Council the ability to exercise discretion on set-backs, interior or exterior, and that the ordinance could be amended to include discretion on the part of the Council as pertains to open space requirements. Councilman Baljo suggested that the item be postponed until the planned development ordinance could be amended. Mr. Fuller explained that the developers would like to begin building this project as soon as possible. Mayor Hill asked if the developer would have to completely change their design is the 20% open space were deleted. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 16 OF 20 s Ink 011.. Mr. Fuller stated that the 20% is not in the plans as it stands. Councilman Baljo asked how long it would take to amend the planned development ordinance by Council initiative. City Clerk Kathleen Connelly stated that it couldn't be submitted to the City Council until October 15th, due to required publications and public hearing by the Planning and Zoning Commission. Mr. McNulty stated that the developer would have to rezone after the amendment to the ordinance as it was rezoned under the present ordinance and the change would only affect that which was filed after the change. Mr. Alexander reiterated that there would be a question as to which requirement the development would be approved under. Mr. Alexander suggested that the motion read: that the preliminary planned development PZ-67-84 be approved in accordance with plans for Phase I only, elevations and written statements submitted to the Council and the following stipulations: 1) that the use of the east portion of the site for RV storage to be terminated within 24 months of start of Phase II, however, Phase II shall not be started until Council approves that particular phase. At the present time Phase II will be utilized to fulfill 20% open space requirement. Councilman Baljo MOVED THAT THE PRELIMINARY PLANNED DEVELOPMENT PZ-67-84, BE APPROVED IN ACCORDANCE WITH PLANS FOR PHASE I ONLY, ELEVATIONS AND WRITTEN STATEMENTS SUBMITTED TO THE COUNCIL AND THE FOLLOWING STIPULATIONS. 1. THAT THE USE OF THE EAST PORTION OF THE SITE FOR RV STORAGE TO BE TERMINATED WITHIN 24 MONTHS OF START OF PHASE II, WHICHEVER OCCURS FIRST. HOWEVER, PHASE II SHALL NOT BE STARTED UNTIL COUNCIL APPROVES THAT PARTICULAR PHASE. AT THE PRESENT TIME PHASE II WILL BE UTILIZED TO FULFILL 20% OPEN SPACE REQUIREMENT. 2. THE USE OF A MOBILE HOME AS A CARETAKER'S RESIDENCE TO BE TERMINATED WITHIN 24 MONTHS OR START OF PHASE II, WHICHEVER OCCURS FIRST. 3. A DEFERMENT OF OFFSITE IMPROVEMENTS IS ALLOWED FOR A MAXIMUM OF 24 MONTHS. 4. SIGNAGE MUST COMPLY WITH THE CITY OF APACHE JUNCTION SIGN CODE. Councilwoman Taylor seconded the motion. VOTE. Unanimous The motion carried. FINAL APPROVAL FOR PZ-30-83, PLANNED DEVELOPMENT ZONING DISTRICT SUPERSTITION HEIGHTS Mr. Newcomer briefed the Council on the final approval request for Superstition Heights subdivision. Councilman Baljo MOVED THAT IN CASE PZ-30-83, SUPERSTITION HEIGHTS, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 19.0301.4.a OF THE ZONING ORDINANCE, SAID APPLICANT HAVING PRESENTED PLANS FOR THE APPROVAL OF THE BUILDING OFFICIAL AND RECEIVING SAID APPROVAL IS NOW SEEKING FINAL PLANNED DEVELOPMENT ZONING APPROVAL WHICH SHALL BE GRANTED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 17 OF 20 iroonr Councilwoman Gardner seconded the motion. VOTE. Unanimous The motion carried. ECONOMIC DEVELOPMENT DISTRICT ) City Manager McNulty explained that /ft this Economic Development District was proposed to the Central Arizona Council of Governments Region and if funded, the $50,000 as matched by local funds, would assist economically distressed areas of the district. Mr. McNulty stated that the City probably would not benefit, as we are not in an economic depressed area, but would be required to contribute to the $50,000 in matching funds. Councilman Eidson MOVED THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO RESPOND TO THE DEPARTMENT OF COMMERCE THAT THE CITY OF APACHE JUNCTION IS OPPOSED TO THE FORMATION OF THE ECONOMIC DEVELOPMENT DISTRICT. Councilman Baljo seconded the motion. VOTE: In Favor. Councilman Eidson, Councilman Baljo, Councilwoman Taylor, Councilwoman Gardner, Vice Mayor Bakkedahl, Mayor Hill Abstained: Councilman Jimenez The motion carried. PROPOSED RESOLUTION NO. 85-41, INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS Mr. McNulty stated that this resolution will authorize the issuance of the bonds for the medical facility, Eye Tooth Enterprises, for which a public hearing was held. Councilman Baljo MOVED THAT RESOLUTION NO. 85-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO INDUSTRIAL DEVELOPMENT; APPROVING AND AUTHORIZING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE /ft, CITY OF APACHE JUNCTION, ARIZONA, OF ITS MEDICAL FACILITIES REVENUE BONDS (EYE TOOTH ENTERPRISES PROJECT) SERIES 1985, BE APPROVED AND ADOPTED. The motion carried. Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. SPECIAL MEETING, SEPTEMBER 9, 1985 ) Mr. McNulty explained that this Special Meeting is necessary in the Community Development Block Grant i application process. LCouncilwoman Taylor MOVED THAT A SPECIAL MEETING BE HELD ON SEPTEMBER 9, 1985, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE• Unanimous REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 18 OF 20 r. Aft. s The motion carried. SPECIAL EXECUTIVE SESSION Councilwoman Taylor MOVED THAT A SPECIAL EXECUTIVE SESSION BE HELD ON SEPTEMBER 9, 1985, AT 7.30 P.M., IN THE CITY HALL CONFERENCE ROOM, FOR THE PURPOSE OF CONTRACT NEGOTIATIONS. Councilman Baljo seconded the AD\ motion. VOTE: Unanimous The motion carried. EXECUTIVE SESSION, WORK SESSION SEPTEMBER 16, 1985 EXECUTIVE SESSION, WORK SESSION, SEPTEMBER 17, 1985 Councilwoman Taylor MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION BE HELD AT 7:00 P.M., ON SEPTEMBER 16, 1985, IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M., ON SEPTEMBER 17, 1985, IN THE CITY COUNCIL CHAMBERS. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. CALL TO THE PUBLIC None INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REQUESTS OF COUNCIL None ADJOURNMENT There being no further business, Mayor Hill adjourned the meeting at 11.15 p.m. *Consent Agenda Items are as follows: 1 Acceptance of Regular Meeting Agenda 2. Acceptance of Minutes from the Regular Meeting of August 20, 1985 ACCEPTED THIS DAY OF , 1985, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 19 OF 20 Norman S. Hill Mayor ATTEST: Kathleen Connelly City Clerk I REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1985 PAGE 20 OF 20 Ask Ink CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 1985 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 17, 1985, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:00 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Bakkedahl led the Pledge of Allegiance. ROLL CALL Councilmen Present: Councilman Jimenez, Councilwoman Taylor, Councilwoman Gardner, Councilman Eidson, Councilman Baljo, Vice Mayor Bakkedahl, Mayor Hill Staff Present: City Manager Michael J. McNulty City Clerk Kathleen Connelly City Attorney David Alexander Controller Keith Lewis Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Public Works Rich Broman Superintendent of Community Services Jeff Bell „da\ Economic Development Specialist John Schoeph Deputy City Clerk Lori Clark Others Present: Mr. Robert Arends 3021 W. Shiprock Apache Junction, AZ 85220 Reverend Hal G. Stewart 1100 S. Warner Space #4 Apache Junction, AZ 85220 Ms Linda Lauer Phoenix, AZ Mr. Lyndel McElhaney Apache Junction, AZ 85220 Mr. Harry Ellsworth 2481 W Broadway Apache Junction, AZ 85220 Ms Barbara Peck Apache Junction, AZ 85220 Mr. Mike Smith Arizona Video Apache Junction, AZ 85220 Ms Erma Lewis A.J. Video Movies 'arkApache Junction, AZ 85220 Ms Barbara Eidson 709 W. 17th Avenue Apache Junction, AZ 85220 Mr. Doug Lauer Arizona Video Cassette Mr. Gil Verley 620 S. Palo Verde Apache Junction, AZ 85220 Ms Pat Oltman 1021 E. Scenic Apache Junction, AZ 85220 Ms Ellen Simsick 4554 W. Virginia Apache Junction, AZ 85220 Ms Jean Perkins 616 N. Cactus Apache Junction, AZ 85220 Ms Loretta Carter 2030 N. Power Road Apache Junction, AZ 85220 Mr. Jim Brinkman 265 W. 16th Avenue Apache Junction, Az 85220 Mr. Ray Simsick Alm.* Haven Hollow Mobile Home Park Apache Junction, Az 85220 Mr. Aubrey Casdale 2581 W. Scenic Apache Junction, AZ 85220 Ms Iris Robertson 3164 E. Cactus Wren Apache Junction, AZ 85220 Mr. Harold Christ 10612 E. Palm Way Apache Junction, AZ 85220 ACCEPTANCE OF CONSENT AGENDA ) Councilman Baljo requested that the regular meeting minutes of September 3, 1985, be postponed for approval, due to a discrepancy in records. Councilman Baljo MOVED THAT ITEM NO. 3 BE DELETED FROM THE CONSENT AGENDA. Vice Mayor Bakkedahl seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 2 OF 22 Ask Aga* VOTE. Unanimous The motion carried. Councilman Eidson MOVED THAT CONSENT AGENDA ITEM NOS. 1, 2, AND 4 BE ADOPTED AS PRESENTED AFTER MOVING ITEM NO. 13 TO THE FIRST ITEM UNDER PUBLIC HEARINGS. Councilwoman Gardner seconded the Amak motion. /— VOTE: Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill recognized former Mayor Clarke, State Representative Roy Hudson. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO. 427, OBSCENITY (With the Emergency Clause) Mayor Hill opened the hearing to the public. Councilman Eidson stated that due to complaints on X-rated video films being rented in the City, this ordinance has been introduced, and that a similar ordinance has recently been adopted in the City of Glendale. Councilman Eidson further explained that this oo\ ordinance does not dictate, but will mean these films will not be available in Apache Junction, and that he felt that these movies contribute to rapes, incest, and child abuse. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the ordinance. Mr. Robert Arends, 3021 W. Shiprock, Apache Junction, addressed the Council in opposition to the ordinance, stating that this ordinance would be censorship and would be violating the first amendment to the Constitution. Reverend Hal G. Stewart, 1100 S. Warner Space #4, Apache Junction, stated that pornography of any form constitutes sexual abuse. Ms Linda Lauer, Phoenix, expressed concern of the ordinance due to censorship, and stated that the word "obscenity" has not been defined by the Supreme Court, that no store has been closed in Maricopa County for selling the questionable materials, and that anything deemed to be "obscene" can be challenged. Mr. Lyndel McElhaney, stated that censorship is used when rating movies, placing books in schools, and that obscene materials are not wanted in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 3 OF 22 dYl Amb. Amok Mr. Harry Ellsworth, 2481 W. Broadway, Apache Junction, addressed the Council in support of the ordinance. Ms Lauer added that if these video movies are obscene, than soap operas and some television programs should also be outlawed. Ms Barbara Peck stated that if censorship is going to be practiced in Apache Junction, Cable TV should not have been allowed. Mr. Mike Smith, owner of Arizona Video, read a letter opposing the ordinance from the Apache Junction Independent. Ms Erma Lewis, owner of A.J. Video Movies, stated that she has been renting video movies for two years and there have been no problems in that time. Ms Barbara Eidson, 709 W. 17th Avenue, Apache Junction, expressed her feeling that censorship is used in regards to religion and God, and that if people want these materials they should go to Maricopa County. Councilman Baljo read and explained portions of the proposed ordinance, and expressed opposition to obscene materials being available in Apache Junction. Councilman Jimenez stated that according to State law, cities may chose to establish laws bringing criminal or civil action against businesses who sell, rent, or lease obscene materials, however, legal opinion shows that success in conviction is doubtful, and expressed his opinion that by adopting this ordinance, the council would be violating the rights of the general population. Vice Mayor Bakkedahl stated that after a lot of thought over the past week, this problem can be handled in the family and the right to do what they want should not be taken from the citizens. Councilman Baljo felt that it would be easier to adopt this ordinance and change it in the future, than to try to adopt the ordinance at a later date o/\ Mr. Doug Lauer, representing the Arizona Video Cassette chain, which has a location in Apache Junction, stated that other communities have passed similar ordinances and have had them overturned, and that the expense of going to court is unnecessary as there are State laws governing these videos. Mr. Gil Verley, resident of Apache Junction, commented that it is not always possible to control children within the family, and that Apache Junction does not need pornography displayed. Ms Pat Oltman, 1021 E. Scenic, Apache Junction, asked how many people really believe in the First Amendment. Councilman Baljo explained that many of the paragraphs in the proposed ordinance came from the Statutes, and should be given a test of time. Councilman Eidson stated that this was discussed with each Councilmember prior to proposing the ordinance, and each one except Councilwoman Gardner gave their support at that time REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 4 OF 22 Councilwoman Gardner expressed her opinion that these obscene movies are bad, but that this ordinance is not the answer towards regulating these materials, and that a video was taken of the inside of the shops that sell video movies. Mr. Lauer stated that the films are viewed and screened per guidelines set by the State, prior to being sold in Arizona, and that the real problem is that no one has defined "obscenity". Amok Councilwoman Gardner stated that the best way to regulate obscenities is to not buy them. Ms Ellen Simsick, 4554 W. Virginia, Apache Junction, addressed the Council, commenting that younger children will have someone of age buy movies for them, and that these materials cause crimes. Councilwoman Taylor thanked the citizens for their input on this issue, explained that this ordinance does not prevent citizens from viewing the video movies if they wish, it only prohibits the sale, rental, or lease of these obscene materials in the City of Apache Junction, and further stated that this is a moral issue. Ms Jean Perkins, 616 N. Cactus, Apache Junction, expressed her feeling that some Councilmembers are using this issue as "political football". Mayor Hill asked if there was anyone else who wished to address the Council on this issue. There being no one wishing to speak, Mayor Hill closed the hearing to the public. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting at 8.17 p.m. Mayor Hill stated that the film is not working, so the Director of Public Safety will explain what it contained Director of Public Safety Bill McDaniel, stated that the film contained the outside and interior of the shops, showing the signs on the entrance to the back rooms prohibiting anyone under 21 from entering those rooms. City Attorney David Alexander suggested that in regards to Council procedure during the meeting, public hearing should be closed after citizens speak and Councilmembers express their opinions following that, and reminded the Council that only agenda items should be addressed and not political comments. Mayor Hill stated that everyone is entitled to their personal morals and that the Council cannot adopt an ordinance that is not ratified by the State, and funds would be wasted on law suits, but that sale of obscene materials could in other ways be strictly regulated. Vice Mayor Bakkedahl asked the City Attorney how many communities in the immediate area have adopted a similar ordinance. Mr Alexander replied that this ordinance was modeled after the Glendale ordinance and State Statutes, but did not know about surrounding communities, and that violation of this proposed ordinance would constitute a Class 1 Misdemeanor. Councilman Eidson MOVED THAT ORDINANCE NO. 427, BE READ BY TITLE ONLY, WITHOUT THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 5 OF 22 s Councilman Baljo seconded the motion. VOTE. Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 427, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 10 OFFENSES, BY ADDING ARTICLE 10-2 OBSCENE MATERIALS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO. 427, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 10 OFFENSES, BY ADDING ARTICLE 10-2 OBSCENE MATERIALS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. Councilman Eidson reiterated that this ordinance is not dictating what citizens may do in their homes, it simply prohibits sale, rental, or leasing of obscene materials in Apache Junction. VOTE: In Favor: Councilwoman Taylor, Councilman Baljo, Councilman Eidson /I Opposed: Councilwoman Gardner, Councilman Jimenez, Vice Mayor Bakkedahl, Mayor Hill The motion failed. PROPOSED ORDINANCE NO. 382, PZ-29-85, RESIDENTIAL ZONING DISTRICTS AMENDMENTS (With Emergency Clause) ) Mayor Hill opened the hearing to the public. /m*. Director of Planning Chuck Newcomer explained that this is a proposed revision of Residential Districts in the Zoning Ordinance including the GR, R1-43, CR-1, CR-2, R1-8, CR-3, R-1, CR-4, CR-5 and TH, and further outlined what would be permitted in those zones. Mr. Newcomer also outlined the lot sizes permitted and additional provisions, and that the Planning and Zoning Commission unanimously recommended these revisions, and that the only staff disagreement was height limitation and staff recommends 25' maximum height in all residential district which would permit most two-story residential structures. Councilwoman Gardner asked if accessory building have to have a wooden or cement foundation. Mr. Newcomer replied that these types of structures doe not require a building permit, however according to fire code, they cannot be closer than 3' to the property line, and page 2 spells this out. Vice Mayor Bakkedahl asked if it would be permitted to build a tri-level structure in a CR-1 district with this height limitation. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 6 OF 22 Aink, IOW Mr. Newcomer replied that it would require substantial sub-grade construction to stay within the 25', and a special use permit could only be obtained for the R1-43 on the one acre lots. Mayor Hill closed the public hearing. Councilman Baljo MOVED THAT ois\ ORDINANCE NO. 382, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Eidson seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 382, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING SECTIONS 5.0101, 6.0116, 14.0101, 15.0200, 15.0300, 15.0400, 15.0500, 15.0600, 15.0801, AND 15.0803; BY DELETING SECTION 6.0117, 6.0118 AND 15.0805; AND BY ADDING SECTIONS 15.1.0100, 15.1.0300, 15.1.400, AND 15.0806; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO. 382, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING SECTIONS 5.0101, 6.0116, 14.0101, 15.0200, 15.0300, 15.0400, 15.0500, 15.0600, 15.0801, AND 15.0803; BY DELETING SECTION 6.0117, 6.0118 AND 15.0805; AND BY ADDING SECTIONS 15.1.0100, 15.1.0300, 15.1.0400, AND 15.0806, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. "m` Councilman Baljo amended the motion; THAT PAGE 2 PERTAINING TO MAXIMUM BUILDING HEIGHT BE AMENDED FROM 20 FEET TO A MAXIMUM OF 25 FEET, EXCLUDING 25' WITH C.V.P. UNDER R1-43; CHANGING THE 20' TO 25', DELETING 25' WITH C.V.P. UNDER CR-4; THESE BEING THE BASE CLASSIFICATIONS AND ALL OTHER CLASSIFICATIONS WOULD FOLLOW THESE. Councilwoman Taylor seconded the amendment to the motion. Councilman Jimenez gave his opinion that the maximum height should stay at 20'. Councilman Baljo commented that the 25' would include the roof peak. Mr. Newcomer explained that City Building Code permits an averaging height of gable, so roofs can extend up to possibly 27'. Councilwoman Gardner commented that the City must be consistent. Councilman Jimenez stated that there are buildings in the City exceeding 30', and with a 25' maximum the buildings would be closer to 28', which in his opinion, is too high. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 7 OF 22 �3 VOTE (On the Amendment to the Original Motion): In Favor. Councilwoman Taylor, Councilman Baljo, Councilman Eidson, Councilwoman Gardner, Vice Mayor Bakkedahl, Mayor Hill Opposed: Councilman Jimenez The motion carried. Councilwoman Taylor gave credit to /mak the Zoning Ordinance Rewrite Committee for what they accomplished. Councilwoman Taylor amended the ordinance to read THAT A LOT SIZE OF 6,000 BE REGISTERED WITH THE NEW RESIDENTIAL ZONING ORDINANCE, due to older people not wishing to maintain larger lots and younger people not being able to afford larger lots of 20,000 to 25,000 square feet as minimum, and that an average of 6,000 square feet is sufficient. Councilman Eidson seconded the amendment. After further discussion by Councilmembers and staff comment, Councilwoman Taylor and Councilman Eidson withdrew the motion. VOTE (On Ordinance No. 382 as amended): Unanimous The motion carried. PROPOSED ORDINANCE NO. 407, PZ-41-85 ) ) Mr. Newcomer requested that this rezoning case be postponed, due to postponement by the Planning and Zoning Commission. Councilman Baljo MOVED THAT ORDINANCE NO. 407, PZ-41-85, BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF OCTOBER 15, 1985. Councilwoman Gardner seconded the motion. AmI\ VOTE. Unanimous The motion carried. PROPOSED ORDINANCE NO. 409, PZ-43-85, CARTER Mr. Newcomer briefed the Council on the application for rezoning from GR General Rural to Trailer Homesite of a 1 1/4 acre parcel, located on the north side of West Tepee Street approximately 165 feet west of North Warner Drive in Section 18, and General Plan designation is Medium to High Density Opportunity and surrounding land uses include mobile homes to the north, east and west, and vacant land to the south. Mayor Hill opened the hearing to the public. Ms Loretta Carter, 2030 N. Power Road, asked if there were any questions from the Council. Councilwoman Gardner asked how many mobile homes would be placed on the property. Ms Carter replied that there would be two mobile homes. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 8 OF 22 Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council, Mayor Hill called upon the Director of Planning for recommendations. Mr. Newcomer stated that staff has no objections to the rezoning with stipulation of dedication of rights-of-way and the Planning and Zoning Commission recommends approval Iok with stipulations. Mayor Hill closed the hearing to the public. Councilwoman Taylor MOVED THAT ORDINANCE NO. 409 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows. ORDINANCE NO. 409, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-43-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO. 409, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-43-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE APPROVED AND 'o► ADOPTED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 410, PZ-44-85, BURKINSHAW ) Mr. Newcomer stated that this is an application for rezoning from GR General Rural to TH Trailer Homesite of a 1 1/4 acre parcel, located on the southwest corner of West Smoketree and North Warner Drive in Section 18, with a General Plan designation of Medium to High Density Opportunity. Mr. Jim Brinkman, 265 W. 16th Avenue, Apache Junction, representing Keith and Martha Burkinshaw, requested approval of the application, and explained that the lot will be split in half and there is presently a mobile home on the east half and a mobile home will be placed on the west half. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 9 OF 22 bk Vice Mayor Bakkedahl wished to know if the stated amount of mobile homes to be placed on the property is binding. Mr. Alexander replied that no it is not. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council, Mayor Hill called upon the Director of Planning for recommendations. Mr. Newcomer stated that the Planning and Zoning Commission unanimously recommends approval with stipulations of dedication and the staff has no objections to the rezoning. Mayor Hill closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO. 410, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follow: ORDINANCE NO. 410, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-44-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO. 410, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF Aloft, APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-44-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 411, PZ-45-85, BRINKMAN ) Mayor Hill opened the hearing to the public. Mr. Newcomer briefed the Council on the request for rezoning from Gr General Rural to TH Trailer Homesite Zone of a 1 1/4 acre parcel, located at the northeast corner of the intersection of North Meridian Drive and West Shiprock Street in Section 18, with a General Plan designation of Medium to High Density Residential Opportunity. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 10 OF 22 lak Mr. Jim Brinkman, 265 W. 17th Avenue, Apache Junction, stated that this lot would also be split in half and a mobile home placed on each half. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the rezoning. There being no one wishing to address the Council, Mayor Hill called upon the Director of Planning for recommendations. Mr. Newcomer stated that the Planning and Zoning Commission recommends approval with stipulations and the staff has no objections. Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO. 411, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows. ORDINANCE NO. 411, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-45-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. Councilman Baljo MOVED THAT ORDINANCE NO. 411, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, 'oak ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-45-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Vice Mayor Bakkedahl seconded the motion. VOTE- Unanimous The motion carried. PROPOSED ORDINANCE NO. 412, PZ-46-85, BRINKMAN ) Mayor Hill opened the hearing to the public. Mr. Newcomer briefed the Council on the rezoning request from GR General Rural to TH Trailer Homesite Zone of a 1 1/4 acre parcel, located at the southeast corner of the intersection of North Cedar Drive and West Smoketree Street in Section 18 with a General Plan designation of Medium to High Density Residential Opportunity with surrounding land uses of mobile homes and vacant land. Mr. Jim Brinkman requested approval of the application. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 11 OF 22 Aga k, Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the request for rezoning. There being no one wishing to address the Council, Mayor Hill called upon the Director of Planning for recommendations. Mr. Newcomer stated that the Planning and Zoning Commission recommends approval with stipulations and that the staff also recommends approval with stipulations of dedications for public roadways. ^\ • Mayor Hill closed the hearing to the public. Councilwoman Taylor MOVED THAT ORDINANCE NO. 412, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 412, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-46-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilwoman Taylor MOVED THAT ORDINANCE NO. 412, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-46-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE• Unanimous The motion carried. PROPOSED ORDINANCE NO. 415, AGE SPECIFIC OVERLAY ZONING DISTRICT (With the Emergency Clause) Mayor Hill opened the hearing to the public. Mr Newcomer explained that this is an amendment to the zoning ordinance which provides an age specific overlay district, which could be used in conjunction with any residential zoning district and would provide that within that zoning district, each occupied dwelling unit would have to be occupied by one person of not less than 45 years of age, and no person under 18 years of age would be permitted to permanently reside in a dwelling unit. Mr. Newcomer further stated that this provides for stringent application requirements to the Planning and Zoning Commission and City Council to consider this type of development. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to this issue. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 12 OF 22 Mr. Ray Simsick, resident of Haven Hollow Mobile Home Park requested that this amendment be approved to assist in enforcing CC&R's. Councilwoman Taylor explained that the most effective way of enforcing a CC&R is by going through the courts. Mr. Simsick stated that they would Amok like more support from the City in enforcing these age restrictions. Mr. Alexander stated that should this ordinance be adopted, it would become a part of the Zoning Ordinance and if ever applied to a specific area, it would carry criminal penalties for violating that particular ordinance, however, the City has nothing to do with enforcing restrictive covenants. Councilman Jimenez commented that this is a very worthwhile ordinance. Mr. Gil Verley, 620 S. Palo Verde, Apache Junction, addressed the Council in opposition to the proposed ordinance, pointing out that not all citizens over 45 are exemplary residents and neighbors. Vice Mayor Bakkedahl asked if this is a typical ordinance adopted by other communities. Mr. Alexander replied that some communities have similar ordinances, but hasn't been used extensively and is provided for by enabling legislation within the zoning provisions of the State Statutes. Mr. Aubrey Casdale, 2581 W. Scenic, Apache Junction, addressed the Council in favor of proposed ordinance. There being no one else wishing to address the Council, Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO. 415, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. /\ Councilman Jimenez seconded the motion. VOTE: Unanimous The motion carried City Clerk Kathleen Connelly read as follows. ORDINANCE NO. 415, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY ADDING ARTICLE 24 AGE SPECIFIC OVERLAY DISTRICT; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Jimenez MOVED THAT ORDINANCE NO. 415, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY ADDING ARTICLE 24 AGE SPECIFIC OVERLAY DISTRICT; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: SECTION 24-0301, AREA REQUIREMENTS, THAT THE ACREAGE BE 10 INSTEAD OF 40, AND THAT IN SECTION 24-0302, AGE OF OCCUPANTS, CHANGE FROM 45 TO 50. Councilman Baljo seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 13 OF 22 a Auft., Amok Councilman Baljo amended the ordinance THAT PAGE 1, SECTION 24.040, APPLICATION REQUIREMENTS, DELETING THE WORDS "ADVERTISE" AND "ADVERTISEMENTS" AND CHANGE THE WORD "SUCH DOCUMENT MAY" TO "SUCH DOCUMENT SHALL", which may enable the City to better enforce the ordinance. Councilwoman Taylor seconded the motion. /t Councilwoman Taylor stated that in order to have this ordinance apply to this specific development, the applicants would have to have 100% of the residents agree with this, which would not solve Mr. Simsick's complaint. Mr. McNulty explained that the existence of this ordinance does not automatically allow the City to enforce, but would have to have application which would have a hearing from the Planning and Zoning Commission and the City Council, the applicants have to prove that they are entitled to the Age Specific Zone. Councilman Eidson expressed objection to the ordinance, especially with a buyer of property not being aware of the restrictions, should they apply to that property VOTE. In Favor: Councilwoman Gardner, Councilman Jimenez, Councilman Baljo Councilwoman Taylor, Mayor Hill Opposed: Councilman Eidson, Vice Mayor Bakkedahl The motion carried. ( VOTE (On the Ordinance with the Amendments). I/( In Favor: Councilwoman Gardner, Councilman Jimenez, Councilman Baljo, Mayor Hill Opposed. Councilman Eidson, Councilwoman Taylor, Vice Mayor Bakkedahl The motion carried without the Emergency Clause PROPOSED ORDINANCE NO. 398, TRAFFIC i0**. CONTROL (With Emergency Clause) Mayor Hill opened the hearing to the public. Ms Connelly explained that this ordinance brings the City Code into compliance with the procedures and practices of the City to enable the Police Department to better enforce traffic control devices. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the ordinance. There being no one wishing to address the Council, Mayor Hill closed the hearing to the public. Councilman Baljo MOVED THAT ORDINANCE NO. 398, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilwoman Gardner seconded the motion. VOTE• Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 14 OF 22 City Clerk Kathleen Connelly read as follows- ORDINANCE NO. 398, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 12 TRAFFIC, ARTICLE 2-12 TRAFFIC CONTROL, PERTAINING TO TRAFFIC REGULATION AT INTERSECTIONS; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN Amok EMERGENCY. Councilman Baljo MOVED THAT ORDINANCE NO. 398, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 12 TRAFFIC, ARTICLE 2-12 TRAFFIC CONTROL, PERTAINING TO TRAFFIC REGULATION AT INTERSECTIONS; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. Vice Mayor Bakkedahl seconded the motion. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO. 428, PERSONNEL MATTERS Mayor Hill opened the hearing to the public. Councilman Jimenez briefed the Council and public on the amendment to the City Code, explaining that this requires that all department head positions and some division heads be appointed by the City Manager subject to ratification by Council. Mr. Gil Verley, 620 S. Palo Verde, Apache Junction, addressed the Council in opposition to the amendment. Mr. McNulty further explained that this amendment only adds department and division heads to the ratification requirement that is in the City Code at present, and does not interfere with the City Manager form of government Councilman Eidson MOVED THAT ORDINANCE NO. 428, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion. VOTE: Unanimous City Clerk Kathleen Connelly read as follows- ORDINANCE NO. 428, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 3 ADMINISTRATION, PERTAINING TO COUNCIL AUTHORITY OVER PERSONNEL MATTERS, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY Councilwoman Gardner MOVED THAT ORDINANCE NO. 428, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 3 ADMINISTRATION, PERTAINING TO COUNCIL AUTHORITY OVER PERSONNEL MATTERS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED, AND FURTHER THAT THE CITY ATTORNEY AND CITY CLERK ARE DIRECTED TO ADD THESE CHANGES TO THE CITY PERSONNEL POLICIES AND REGULATIONS AND TO MAKE ALL NECESSARY CHANGES IN CHAPTER 3 OF THE CITY CODE TO COMPLY WITH THE PRESENT ORGANIZATIONAL STRUCTURE OF THE CITY DEPARTMENTS. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 ...' ""11111r11PAGE 15 OF 22 Amok Adm. Councilman Jimenez seconded the motion. VOTE: Unanimous The motion carried. OLD BUSINESS „oork` APPLICATION FOR SMALL GAME BINGO LICENSE, CORTEZ GARDENS Ms Connelly explained that this application was postponed at the previous regular meeting due to improvements requested by the Fire Department and that after reinspection, the Fire Department recommends approval. Councilwoman Taylor MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE, SUBMITTED BY CARL AND JUNE PIKE, AGENTS FOR CORTEZ GARDENS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY. Councilwoman Gardner seconded the motion. VOTE. Unanimous The motion carried. NEW BUSINESS CENTER-LINING UNIMPROVED STREETS ) Mr. McNulty explained that roadways such as Cactus Wren were put in at a whim and not centered, and this is a request for the City to center-line Cactus Wren. Vice Mayor Bakkedahl asked if the relocating power poles after dedications of rights-of-way would be at the City's expense. Mr. McNulty stated that water and gas lines are not the City's responsibility, however, we do have to relocate electric power poles. Councilman Jimenez explained that due to concerns such as a slope at the intersection causing unsafe conditions, he had met with property owners along Cactus Wren, and that a policy should be set but if this does not cause hardship for the City, and the property owner makes a request for the road to be centerlined, Council should make an effort to align the road Councilman Eidson MOVED THAT THIS ITEM BE OPEN TO THE PUBLIC FOR DISCUSSION. Councilwoman Gardner amended the motion THAT ONLY THOSE DIRECTLY INVOLVED WITH THE ISSUE BE ALLOWED TO SPEAK. Councilwoman Taylor seconded the motion VOTE. In Favor. Councilman Baljo, Councilman Eidson, Councilman Jimenez, Councilwoman Taylor, Mayor Hill Opposed. Councilwoman Gardner, Vice Mayor Bakkedahl The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 16 OF 22 An. it -� Ms Iris Robertson, 3164 E. Cactus Wren, Apache Junction, requested that the street be abandoned and not improved. Vice Mayor Bakkedahl stated that this will possibly never be paved, but no one can say this for sure and it would be more feasible to center the street now than in the future. I\ Mrs. Cruise, a resident off of Cactus Wren requested that the street be centered and improved. Councilman Baljo suggested a moratorium on all abandonments until a policy can be set. Councilwoman Gardner expressed her feeling that this request should not be ignored. Councilwoman Taylor stated that there are many similar streets, and many streets that should be paved. Councilwoman Gardner MOVED THAT THE CENTER-LINING OF CACTUS WREN BE POSTPONED UNTIL THE REGULAR MEETING OF OCTOBER 1, 1985. Councilwoman Taylor seconded the motion. VOTE: In Favor: Councilman Baljo, Councilwoman Gardner, Councilwoman Taylor Opposed: Councilman Eidson, Councilman Jimenez, Vice Mayor Bakkedahl, Mayor Hill The motion failed. Councilwoman Taylor MOVED THAT THE MEETING CONTINUE PAST THIS LATE HOUR AND THERE NOT BE ANY BREAKS. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. Councilwoman Taylor expressed concern that by approving this request, Council would be setting a precedent. Councilwoman Taylor asked if streets that are paved are center-lined. Mr. McNulty replied that any streets that have been paved under the bond issue or newly opened up have been center-lined prior to paving. (_ Councilman Eidson asked if streets paved by the County were center-lined. Mr. McNulty stated that not all of them were center-lined Councilman Jimenez MOVED THAT THE CACTUS WREN BE REALIGNED FROM HILTON TO GOLDFIELD AND THE SLOPE WHICH IS CREATING A SAFETY HAZARD BE REMOVED, AND FURTHER THAT THIS ISSUE NOT SET A PRECEDENT AND THAT UPON REQUEST OF PROPERTY OWNERS TAKE ROAD ALIGNMENTS INTO CONSIDERATION IF IT DOES NOT CAUSE A BURDEN FROM THE STAND POINT OF OBSTRUCTIONS IN THAT EASEMENT SUCH AS POWER POLES AND UTILITIES. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 17 OF 22 Vice Mayor Bakkedahl seconded the motion. Vice Mayor Bakkedahl asked if by making a motion that an issue not set a precedent, would that in fact, not set a precedent. City Attorney Alexander replied that this would set a precedent regardless of the motion. Mr. McNulty asked which slope was the motion referring to. Councilman Jimenez explained that staff has staked out the problem areas and is aware of what needs to be done to eliminate the safety hazard. Director of Public Works Rich Broman explained the problems with realigning the road. Councilman Eidson asked if granting this request could result in law suits. Mr. Alexander stated that if there is another request and the Council denies that request, it could result in law suits. VOTE- In Favor: Councilman Jimenez, Councilwoman Gardner, Mayor Hill, Vice Mayor Bakkedahl Opposed: Councilwoman Taylor, Councilman Baljo, Councilman Eidson The motion carried. , [ STREET LIGHT IMPROVEMENTS DISTRICT, SL-8507-1, APACHE VILLA UNIT FIVE ) Mr. Broman briefed the Council on the Street Light Improvement District petitions. Councilman Baljo MOVED THAT RESOLUTION NO. 85-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS APACHE 0^ VILLA UNIT FIVE LOTS 75-132 P.C.R., PINAL COUNTY, ARIZONA, AS RECORDED IN BOOK 19, PAGE 62, BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion. VOTE- Unanimous The motion carried. STREET LIGHT IMPROVEMENT DISTRICT, SL-8501-1, SUPERSTITION VIEW MOBILE HOME ESTATES, SUBDIVISION ) Mr. Broman briefed the Council on the request for a Street Light Improvement District in the Superstition View Mobile Home Estates. Councilwoman Taylor MOVED THAT RESOLUTION NO. 85-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS SUPERSTITION VIEW MOBILE HOME ESTATES, A SUBDIVISION RECORDED IN BOOK 15, PAGE 26, P.C.R., PINAL COUNTY, ARIZONA, BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 18 OF 22 r--s Councilman Baljo seconded the motion. VOTE• Unanimous The motion carried. PROPOSED RESOLUTION NO. 85-43, isok DESIGNATING APACHE TRAIL AS HISTORIC ROADWAY City Manager McNulty explained that this resolution requests the Department of Transportation to designate the Apache Trail as a historic roadway, which was initiated by the Chamber of Commerce. Mr. Harold Christ, representing the Chamber of Commerce, 10612 E. Palm Way, Apache Junction, stated that the Apache Trail is one of the more famous parts of Arizona history and requested approval of the resolution. Councilwoman Gardner MOVED THAT RESOLUTION NO. 85-43, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING SUPPORT FOR THE DESIGNATION OF THE APACHE TRAIL (STATE HIGHWAY ROUTE 88) AS A HISTORICAL HIGHWAY, BE APPROVED AND ADOPTED. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. FINAL PLAT APPROVAL FOR SUPERSTITION HEIGHTS SUBDIVISION, SD-1-85 Mr. Newcomer requested that this item be postponed as circumstances have come up that require more time to work out. Councilwoman Gardner MOVED THAT THE FINAL PLAT FOR SUPERSTITION HEIGHTS SUBDIVISION, SD-1-85, BE POSTPONED UNTIL Amok, THE REGULAR MEETING OF OCTOBER 1, 1985. Vice Mayor Bakkedahl seconded the motion. VOTE: Unanimous The motion carried. MAJOR AMENDMENT TO PLANNED DEVELOPMENT, SUPERSTITION HEIGHTS, PZ-30-85 AND PZ-8-85 Mr. Newcomer briefed the Council on the request for a major amendment to the approved final planned development for Superstition Heights of a variance in the parking requirements. Mr Larry Richardson, applicant for the amendment, explained the proposal for parking variance in the carports as they are sufficient for two large cars, but do not meet with Building Code requirements. Councilman Baljo MOVED THAT THE MAJOR AMENDMENT TO PLANNED DEVELOPMENT FOR SUPERSTITION HEIGHTS, PZ-30-85 AND PZ-8-85, BE APPROVED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 19 OF 22 Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. USE OF BUDGETED FUNDS (COMMUNITY SERVICES BUS) ) /� Mr. McNulty explained that funds were budgeted for the repair of the existing Community Services bus and requested that these funds be used to purchase a new bus as it would be necessary to spend at least this amount to repair the existing bus. Vice Mayor Bakkedahl MOVED THAT AUTHORIZATION BE GIVEN THE SUPERINTENDENT OF COMMUNITY SERVICES THROUGH THE CITY MANAGER TO USE FUNDS BUDGETED FOR THE REPAIR OF THE EXISTING COMMUNITY SERVICES BUS, TO PURCHASE A NEWER USED BUS. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. RESIGNATION FROM AND APPOINTMENT TO SUBDIVISION/ANNEXATION COMMITTEE ) Mr. Newcomer stated that Mr. Jack Lee resigned from the Subdivision and Annexation Committee. Councilman Eidson suggested waiting for more Talent Bank application before appointing someone to the vacancies. Councilman Jimenez stated that we have advertised for applications, only one has been received, and we should not delay further. Councilman Jimenez MOVED THAT THE RESIGNATION OF MR. JACK LEE FROM THE SUBDIVISION/ANNEXATION COMMITTEE BE ACCEPTED WITH REGRET. glik• AND THAT MR. BEN HONOR BE APPOINTED TO THE SUBDIVISION/ANNEXATION COMMITTEE. Councilwoman Gardner seconded the motion. Councilman Eidson expressed the feeling that possibly Mr. Honor should only be appointed to one committee. VOTE. In Favor: Councilman Jimenez, Councilwoman Gardner, Councilman Baljo Vice Mayor Bakkedahl, Mayor Hill Opposed: Councilwoman Taylor, Councilman Eidson The motion carried. AWARD OF BID FOR BROCHURES FOR ECONOMIC DEVELOPMENT DEPARTMENT Economic Development Specialist John Schoeph explained that these brochures are designed to promote Apache Junction as a business location for which four bids were received, and recommended that Orion Publishing be awarded the bid. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 20 OF 22 r—s Amok Councilwoman Taylor MOVED THAT THE BID FOR BROCHURE PRINTING FOR THE ECONOMIC DEVELOPMENT DEPARTMENT BE AWARDED TO ORION PUBLISHING CO., IN THE AMOUNT OF $4,252.00. Councilman Baljo seconded the motion. VOTE: Unanimous /mik The motion carried. AWARD OF BIDS FOR POLICE DEPARTMENT VEHICLES Director of Public Safety Bill McDaniel explained that four bids were submitted for the four-wheel drive vehicle for the Police Department and a pick-up for Animal Control, and recommended that the bid be awarded to Arnold Auto Center for both vehicles. Councilwoman Gardner MOVED THAT THE BIDS FOR A FOUR WHEEL DRIVE VEHICLE FOR THE POLICE DEPARTMENT BE AWARDED TO ARNOLD AUTO CENTER IN THE AMOUNT OF $14,120.09 PLUS TAX. AND THAT THE BID FOR ANIMAL CONTROL VEHICLE BE AWARDED TO ARNOLD AUTO CENTER, IN THE AMOUNT OF $9,599.54 PLUS TAX. Councilman Baljo seconded the motion. VOTE: Unanimous EXECUTIVE SESSION, WORK SESSION, SEPTEMBER 30, 1985 EXECUTIVE SESSION, WORK SESSION, OCTOBER 1, 1985 Councilman Jimenez MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M. AND A WORK SESSION AT 7.00 P.M. ON SEPTEMBER 30, 1985, IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD ON OCTOBER 1, 1985, AT 6:00 P.M., IN THE CITY COUNCIL CHAMBERS. ,Amik Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. CALL TO THE PUBLIC None. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Jimenez reported that the Land-Split Ordinance will come before the Planning and Zoning Commission on October 8th. REQUESTS OF COUNCIL None. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 PAGE 21 OF 22 "oak ofigh, ADJOURNMENT Councilwoman Gardner MOVED THAT THE MEETING BE ADJOURNED AT 12:19 P.M. Mayor Hill seconded the motion. VOTE: Unanimous The motion carried. /mak Consent Agenda Items are as follows: *1. Acceptance of the Regular Meeting Agenda *2. Proposed Resolution No. 85-40, AB-81-09, Correcting Legal Description *3. Acceptance of Minutes from Regular Meeting of September 3, 1985 (deleted from consideration) *4. Acceptance of Minutes from Special Meeting of September 9, 1985 ACCEPTED THIS DAY OF , 1985, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. Norman S. Hill Mayor ATTEST. Kathleen Connelly Aommilk City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 q"J1111.. PAGE 22 OF 22 ROLL CALL VOTE SHEET NOTES ,..... frjfil• 3 Y A ,)1( I ITEM # I i7) /6//MEETING 0 MOTION BY: 4vv`j SECONDED BY: el y NO ABSTAINED COUNCILWOMAN GARDNER / COUNCILMAN JIMENEZ �/ ,^ COUNCILWOMAN TAYLOR COUNCILMAN BALJO V VICE MAYOR BAKKEDAHL t/ COUNCILMAN EIDSON I MAYOR HILL 1 UNANI"SOUS , IN FAVOR OPPOSED ABSTAINED TOTAL r► ITEM NOS. 1-3 I MOVE THAT CONSENT AGENDA ITEM NOS. 1 THROUGH 3 BE ACCEPTED AS PRESENTED. PUBLIC HEARING l • FOR ORDINANCE NO. 406, PZ-40-85 2 . WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6. WILL THE PLANNING DIRECTOR PRESENT THE RECOMMENDATIONS . 7. IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST) CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE .4016. ( PQACHF✓G o 1 o „tvie c ity o� p "gPizoNP v ache02uncizon DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 25, 1985 Agenda Approved by 2fir� item # Consent Agenda r Public Hearing /C//'`) MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL Old Business THROUGH. (,; ' MICHAEL J. McNULTY, CITY MANAGER New Business Postponed Item FROM: / CHUCK NEWCOMER, DIRECTOR OF PLANNING PREPARED BY: J"JULIE REID, ASSISTANT PLANNER SUBJECT. AGENDA ITEM - OCTOBER 1 , 1985 PZ-40-85 BACKGROUND Applicant Name: Wilmer and Gertrude Hohn Current Zoning: General Rural (GR) Proposed Zoning: Trailer Homesite (TH) General Plan Designation: Medium/High Residential Opportunity Number of Parcels Being Rezoned: Three (3) Combined Size of Site: Two and one-half Acres (22) Location: Northeast corner of the intersection of N. Main Drive and W. Roundup Street in Section 18. Current Land Use: One skirted mobile home on each parcel Surrounding Land Use: North - mobile homes South - Vacant East - Mobile homes West - Mobile home Surrounding Zoning: North - GR and TH South - CR-5 East - GR West - GR Site Characteristics: Flat Topography Each parcel is fenced with desert landscaping PLANNING DEPARTMENT COMMENTS AND RECOMMENDATIONS This application was filed and advertised prior to the adoption of Ordinance #382 (PZ-19-85) Residential Zoning Districts. This case was also continued from the August 13, 1985, Planning and Zoning Commission 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 Honorable Mayor and City Council Agenda Item - Octo+ ?r 1 , 1985 Public Hearing PZ- J=85 Page Two meeting to the September 24, 1985 Planning and Zoning Commission meeting. Staff had no objections to the rezoning noting that it would be consistent with the Medium/High Density Residential Opportunity General Plan designation for the site. If approved, staff does recommend stipulating the dedication of the west and south thirty-three feet (33' ) of the subject Property for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20 ' ) cut-off at the intersection of N. Main Drive and W. ..�. Roundup Street. Staff also recommends stipulating that this parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. STIPULATIONS IN ORDINANCE Staff and the Planning and Zoning Commission recommend stipulating that these parcels not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City and that the applicant dedicate the west thirty-three feet (33' ) and the south thirty-three feet (33 ' ) of the subject property for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cutoff at the intersection of N. Main Drive and W. Roundup Street. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their regular meeting of September 24, 1985, after public hearing, voted to approve the following motion: (M/S Jorgensen/Hoaglin 6-0-0) . "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-40-85, application of Wilmer and Gertrude Hohn for their property described as , a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone that the Commission recommends to the Apache Junction City Council the approvel of said application. Any stipulations or recommendations are: 1. The applicants dedicate the west and south thirty-three feet (33' ) of the subject property for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cut-off at the intersection of North Main Drive and West Roundup Street. 2. This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. The reasons for this recommendation are: 1. Would be consistent with the General Plan designation. 2. Would conform with the surrounding land use. CRN:JAR:jl 41110"nr ORDINANCE NO. 406 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-40-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE 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 Zoning District Map, City of Apache Junction, Arizona, for the parcels of land described as Parcel No 1 The North 1 of the West 1 of the West 1 of the South 1 of the Southwest I of the Northeast ; of the Southeast ; 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 South 1 of the West 1 of the West 1 of the South z of the Southwest ; of the Northeast ; of the Southeast ; of Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, and Parcel No. 3 The East 1 of the West ; of the South 1 of the Southwest # of the Northeast ; of the Southeast ; 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 from GR General Rural to TH Trailer Homesite Zone, subject to the following stipulations 1) the applicants dedicate the west and south thirty-three feet (33') of the subject property for public roadway and associated purposes along with a twenty foot (20') by twenty foot (20') cut-off at the intersection of North Main Drive and West Roundup Street 2) This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. SECTION II REPEALING ANY CONFLICTING PROVISIONS /0101k 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 Norman S Hill Mayor AOIN elk WPM! ATTEST: I Kathleen Connelly City Clerk APPROVED AS TO FORM David F. Alexander City Attorney euN L tr--s Ask PZ-40-85 ORDINANCE NO 406 REZONING FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE WEST SHIPROCK STREET TH t --- -= r, , I 1 { 1 1 TH 1 WEST ROUNDUP STREET 1 I 1 Iw 1 > w CR-5 1 w> > 1 1Q a 1 I C Q A 1 1 z z • 1 1 • 1 1 g < x C., I 1 = W 1 (4 E, x I THI o C { 1 z z z I 1 WEST GREASEW5OD STREElf r, SUBJECT SITE 1 1 LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) I. I I 0 200 400 PZ-40-85 ORDINANCE NO. 906 REZONING FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE WEST SHIPROCK STREET 1 1 I TH MH I MH I ' MH I I MH I NH I I I' , ./.„ 1 MH NH 1 MH I TH MH MH I A MH L_ -MH JI • WEST ROUNDUP STREET SFD VACANT MH m w CR-5 o MH q ' o i -i z z 1 I ¢ a a 1 I cn IJ ; I m I F E. 1 TH I 0 a O O 1 1 z z z , 1 I 1 __-- ON - . . polo . - SUBJECT SITE I 1 LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) L—_J I I 0 200 900 e. t�- _ �av :: ro .I art �.c '°"` 'a w.>• 's.�.� 'art • ROLL CALL VOTE SHEET NOTES 1 / 6 ...... .5/1) t; D(1) . l'i 1/(/ ° I ITEM # MEETING 01i g MOTION BY: C 1/1fr)S SECONDED BY: . YES NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER .••. COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR v COUNCILMAN BALJO VICE MAYOR BAKKEDAHL MAYOR HILL LI 1 UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL V ROLL CALL VOTE SHEET NOTES /441)C1*1 o\to /0 ITEM 11 MEETING OF MOTION BY: SECONDED BY: J YE NO ABSTAINED VICE MAYOR BAKKEDAHL / COUNCILMAN EIDSON u COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ ✓ COUNCILWOMAN TAYLOR COUNCILMAN BALJO V MAYOR HILL I 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ink ITEM NO. 4 Step 1 I MOVE THAT ORDINANCE NO. 406, 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. 406 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 406, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-40-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. FOR APPROVAL l► Iinkk ITEM NO. 4 Step 1 I MOVE THAT ORDINANCE NO. 406, 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. 406 BY TITLE ONLY. St. . 3 I MOVE THAT ORDINANCE NO. 406, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-40-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE DENIED. FOR DENIAL PUBLIC HEARING 1 . FOR ORDINANCE NO. 413, PZ-47-85 ''` 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4. IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6. WILL THE PLANNING DIRECTOR PRESENT THE RECOMMENDATIONS . 7. IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST) CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE ... ik PQXOHE 4O ! �' o -9RiZ Dity on Apache &unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 12 , 1985 Agenda Approved by 1�=� '' Date Item # Consent Agenda MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL Public Hearing !O, THROUGH: MICHAEL J. McNULTY, CITY MANAGER Old Business f New Business FROM: ( a CHUCK NEWCOMER, DIRECTOR OF PLANNING Postponed item SUBJECT: AGENDA ITEM -OCTOBER 1 , 1985 PZ-47-85 (ORDINANCE NO. 413) PUBLIC HEARING Project Description Rezoning case PZ-47-85 is an application of Bryan Scott Upton to rezone his property from GR General Rural to TH Trailer Homesite Zone. The site is a 1a acre parcel located just south of the southwest corner at the intersection of W. Tepee Street and N. Valley Drive. It is designated Medium/High Density Residential Opportunity on the General Plan. Surrounding land uses include mobile homes, single family homes and vacant land. Planning Department Comments and Recommendations Staff notes that the rezoning would be consistent with the Medium/High Residential Opportunity General Plan designation for the site. If approved, staff does recommend stipulating the dedication of the east thirty-three feet (33' ) of the subject property for public roadway and associated purposes. Staff also recommends stipulating that this parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. Stipulations in Ordinance Staff and Planning and Zoning Commission recommend stipulating that this parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City and that the applicant dedicate the east thirty-three feet (33' ) of the subject property for public roadway and associated purposes. Planning and Zoning Commission Recommendations The Planning and Zoning Commission at their regular meeting of September 10 , 1985, after public hearing, voted to approve the following motion: (M/S Jorgensen/Hoaglin 4-0-1 with Mrs. Conway voting no) 1001 NORTH IDAHO TOAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 Honorable Mayor ' ' City Council .. Agenda Item - Octuoer 1 , 1985 PZ-47-85 (Bryan Scott Upton) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-47-85, application of Bryan Scott Upton for his property described as a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: 1. The applicant dedicate the east thirty-three feet (33' ) of the subject property for public roadway and associated purposes. 2. This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. The reasons for this recommendation are: 1. Rezoning is consistent iwth the Medium/High Density Opportunity General Plan designation for the site. 2. It is compatible with surrounding property uses. CRN:jl PZ-47-85 ORDINANCE NO. 413 REZONE FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE _ABANDONED 1097/433 WEST SMOKETREE STREET TIH M 'Vr VACANT SF a MH MH z SF MH MH . 1 MH :MH MH TH j MH L-- ►-- J t 1 TH SF MH i `- SF . VACANTal al 1 cc MH N tVSF SF H I 4 1p SF MH SUBJECT SITE 1 i LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) I I i' I 0 200 400 Auk ^ ORDINANCE NO 413 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT-CLASSIFICATION TN REZONING CASE P2-47-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. Amok 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 Zoning District Map, City of Apache Junction, Arizona, for the parcel of land described as: The South # of the East 1 of the North # of the Northeast ; of the Northwest of the Southwest a of Section 17, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona; be and hereby is amended from GR General Rural to TH Trailer Homesite Zone, subject to the following stipulations: 1) the applicant dedicate the east thirty-three feet (33') of the subject property for public roadway and associated purposes, and 2) this parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. 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, „oak. ARIZONA, THIS DAY OF , 19 Norman S. Hill Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM David F. Alexander City Attorney ROLL CALL VOTE SHEET NOTES r 3 • r"?S ..... 4( 4 ,)i, ITEM # MEETING OF . , crl v Am", PLOT I ON BY: SECONDED BY YES NO ABSTAINED COUNCILMAN BALJO 1 VICE MAYOR BAKKEDAHL i /'.k COUNCILMAN EIDSON I COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ 7 COUNCILWOMAN TAYLOR I MAYOR HILL V I UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL A. ,- ROLL CALL VOTE SHEET NOTES iY( /),./ 0 j(i/V 41/ iVt ITEM # MEETING OF L MOTION BY: 1API SECONDED BY: YES NO ABSTAINED COUNCILWOMA TA YLOR T YLOR COUNCILMAN BALJOAlm V VICE MAYOR BAKKEDAHL i COUNCILMAN EIDSON COUNCILWOMAN GARDNER Ii COUNCILMAN JIMENEZ MAYOR HILL ✓ UNANI".OUS , IN FAVOR, OPPOSED ABSTAINED TOTAL ITEM NO. 5 Step 1 I MOVE THAT ORDINANCE NO. 413, 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. 413 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 413, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-47-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. FOR APPROVAL fro"--. ITEM NO. 5 Step 1 I MOVE THAT ORDINANCE NO. 413, 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. 413 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 413, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-47-85 FROM GR GENERAL RURAL TO TH TRAILER HOMESITE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE DENIED. FOR DENIED _ p PUBLIC HEARING 1 . FOR ORDINANCE NO. 417, PZ-50-85 ommn• 2 . WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6. WILL THE PLANNING DIRECTOR PRESENT THE RECOMMENDATIONS . 7. IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST) p CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE ek /0 � sE „ :eaf „- 75 y o, acIe 2u�ZCt20�2 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Agenda Approved by September 23, 1985 Date Item Consent Agenda Public Hearing f o/% In MEMORANDUM T THE HONORABLE MAYOR AND CITY COUNCIL Old Business i I New Business THROUGH: �l MICHAEL J. McNULTY, CITY MANAGER Postponed Item FROM: 0 3CHARLES R. NEWCOMER, DIRECTOR OF PLANNING SUBJECT: REQUEST FOR AGENDA ITEM - OCTOBER 1 , 1985 PUBLIC HEARING PZ-50-85 - ORDINANCE NO. 417 Background Rezoning case PZ-50-85 is an application of Joseph Edward Sendelbach represented by Robert Jones to rezone his property from GR General Rural to C-4 Heavy Commercial District. The site is a 5 acre parcel developed with a single family home. It is located at the southwest corner of the intersection of U.S. Highway 60 and S. Bowman Road in Section 27. It is designated General Commercial Opportunity and Medium/High Residential Opportunity on the General Plan. The General Plan allows approximately 300' along the U.S. Highway property for commercial development and allows for extension of that 300' to the depth of the lot lines. Surrounding land uses and zoning include vacant land (zoned CB-2) and the Wickiup Trailer Park (zoned TH) to the west; vacant land (zoned GR) to the south; and vacant land (zoned CB-2) to the east and vacant land to the north across Highway 60 (zoned GR and C-3) . Planning Department Comments and Recommendations The site is located along the eastern entrance corridor to the City. Due to its location on a four lane highway near the intersection with the Superstition Freeway, this stretch of highway frontage has great potential for heavy commercial uses. There is a good supply of large vacant parcels along Highway 60 and between Tomahawk Road and Goldfield Road. The quality of initial develop- ment along this entrance corridor will set the tone for future development in the area and will also project the image of the entire city for traffic entering from the east. Page 1-19 of the General Plan addresses the importance of the "city entrances" appearance and page 2-45 of the General Plan encourages that "commercial opportunity" areas be developed through the planned development process. 1001 NORTH IDAHO ROAD ;PACHE JUNCTION ARIZONA 85220 TELEPHONE(602) 982 8002 Honorable Mayor aQ,c[ City Council Request for Agenc Item - October 1 , 1985 Public Hearing PZ-50-85 - Ordinance No. 417 Page Two To protect the neighboring uses and to encourage future desirable commercial facilities in this area, staff recommends that the requested C-4 zoning be granted only if accompanied by a site plan to be reviewed by the City Council indicating the nature of the development proposed; orientation of buildings and storage areas; and screening and landscaping themes. As an alternative to the site plan , staff would recommend the C-3 district, which due to its indoor sales orientation and provisions for conditional use permits for uses having a potential for degrading the neighborhood would be appropriate in the absence of specific development plans for the site. The applicant has stated that they are working on a site plan for the site, but it has not yet been received by the office for review. Stipulation in the Ordinance The stipulation for roadway dedications is in the ordinance. The stipulations for site plan approval is not in the ordinance but can be added by the Council in the motion to adopt the ordinance , if the Council so desires. Planning and Zoning Commission Recommendations "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona , that rezoning case PZ-50-85, application of Joseph E. Sendelbach for his property described as , a matter of public record, requesting rezoning from GR General Rural to C-4 Heavy Commercial District that the Commission recommends to the Apache Junction City Council the approval of said application (Taylor/Conway) (5-0-0) . Any stipulations or recommendations are. 1. The applicant dedicate the east thirty-three feet (33' ) of the subject property for public roadway and associated purposes. 2. Submit a site plan prior to City Council approval . The purpose of this site plan is to insure for any road access or any other problems that might be encountered. The reasons for this recommendation are: 1. This appears to be a development very much in the interest of the citizens of Apache Junction." CRN:jl tromir ORDINANCE NO. 417 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-50-85 FROM GR GENERAL RURAL TO C-4 HEAVY COMMERCIAL DISTRICT; 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 Zoning District Map, City of Apache Junction, Arizona, for the parcel of land described as The East 1 of the Southwest * of the Northeast * of the Southwest * of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, AND Beginning at the northeast corner of the West 1 of the South- west * of the Northeast * of the Southwest * of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, thence North 89° 57' East, a distance of 42 00 feet to the TRUE POINT OF BEGINNING, thence North 89° 57' East, a distance of 112.80 feet, thence North 55° 38' West, a distance of 112.00 feet, thence South 17° 48' West, a distance of 66 50 feet to the TRUE POINT OF BEGINNING, Pinal County, Arizona, EXCEPT Beginning at the northwest corner of the East 1 of the Southwest * of the Northeast k of the Southwest * of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, thence South 3° 39' 24" West, a distance of 350 70 feet, thence South 89° 57' 30" West, a distance of 19 74 feet; thence North 0° 01' East, a distance of 350 00 feet to the TRUE POINT OF BEGINNING, be and hereby is amended from GR General Rural to C-4 Heavy Commercial District, subject to the following conditions 1) the applicant dedicate the east thirty-three feet (33') of the subject property for public roadway and associated purposes without a twenty foot (20') by twenty foot (20') cut-off at the intersection of Highway 60 and S. Bowman Road as it is deemed unnecessary by the Department of Public Works ,0014 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 anypart of the code adopted herein byreference p 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 warier /'\ Norman S. Hill eiN Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM David F. Alexander City Attorney I ROLL CALL VOTE SHEET NOTES (i / r1/4 ,.. j,, 1 :„,,, )6/ ,n ITEM # MEETING 0; MOTION BY: SECONDED BY: ,d 1 i1 V YES NO ABSTAINED COUNCILMAN JIMENEZ V . COUNCILWOMAN TAYLOR •-. COUNCILMAN BALJO r l VICE MAYOR BAKKEDAHL / COUNCILMAN EIDSON COUNCILWOMAN GARDNER MAYOR HILL , UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL / k st ROLL CALL VOTE SHEET ti NOTES ( / P r, , o bli • (0 f°l ITEM # ` MEETING 'f MOTION BY: SECONDED BY; _L A • YES NO ABSTAINED COUNCILWOMAN GARDNER / COUNCILMAN JIMENEZ / riN COUNCILWOMAN TAYLOR V COUNCILMAN BALJO / VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON I MAYOR HILL 1 UNANI"SOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 Step 1 I MOVE THAT ORDINANCE NO. 417, 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. 417 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 417, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-50-85 FROM GR GENERAL RURAL TO C-4 HEAVY COMMERCIAL DISTRICT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. FOR APPROVAL ITEM NO. 6 Step 1 I MOVE THAT ORDINANCE NO. 417, 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. 417 BY TITLE ONLY. S 3 I MOVE THAT ORDINANCE NO. 417, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-50-85 FROM GR GENERAL RURAL TO C-4 HEAVY COMMERCIAL DISTRICT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE DENIED. FOR DENIAL A. A. PUBLIC HEARING 1 . FOR ORDINANCE NO. 429, PZ-51-85 ... 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE. 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE. 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5. IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6. WILL THE PLANNING DIRECTOR PRESENT THE RECOMMENDATIONS . 7 . IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST) CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE Oak ii' 1 ,; „ O Z ' = amityipache 02unctian g N RlZOP DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 13, 1985 .-. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: ' MICHAEL J. McNULTY, CITY MANAGER FROM: Gw CHUCK NEWCOMER, DIRECTOR OF PLANNING SUBJECT: REQUEST FOR AGENDA ITEM - OCTOBER 1 , 1985 PUBLIC HEARING - PZ-51- 85 (ORDINANCE NO. 429) Project Description Applicant: ICAM Properties , Clara M. Carney, Randall D. Skidmore , John Rottweiler Requested Rezoning- From GR General Rural to C-3/PD General Commercial by Planned Development. The applicant's original request was for C-3 with a simultaneous request to the Board of Adjustment for a variance to permit 0 lot line development. The Board held a meeting on September 9, 1985 to consider the variance request contingent upon rezoning of the property. However, the Board voted to postpone the hearing until the applicant had exhausted other alternatives through the Planning and Zoning Commission and City Council . Proposed Project: The applicants ' are proposing a mini-storage complex with a mail center, retail space , and a caretaker's dwelling. The southern 22 acres of the project site is the subject of the rezoning request, while the northerly 22 acres is already zoned CB-2 (400' depth from Apache Trail ) . The concept plan for the development is included in your packets . Site Location: The rezoning site is located 400' south of Apache Trail approximately 280' east of Thunderbird Drive. Agenda Approved by I Date Item # Consent Agenda — -. Public Hearing /°/ld� `7 Old Business New Business Postponed Item 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 9828002 Honorable Mayor any City Council Request for Agenda. _tem - October 1 , 1985 PZ-51-85 (Ordinance No. 429) Page Two General Plan Designation: General Commercial Adjacent Land Uses and Zoning: Vacant land zoned GR to the west; Superstition Plaza shopping center zoned CB-2 to the east; and a church zoned CR-3 to the south. �•. Planning Department Comments and Recommendations Rezoning to C-3/PD for a mini-warehouse project would be in compliance with the General Plan designation for the site. The Planned Development designation is necessary to provide the applicant with the opportunity to use 0 setbacks , instead of the required ten foot (10' ) setback adjacent to commercial zoning and twenty five foot (25' ) plus a six foot (6' ) wall adjacent to residentially zoned property. A ten foot (10' ) wall could be an appropriate substitute for the wall and setback provisions , provided it is done in an attractive finish. Staff's major concern is with the appearance of the development from the entrance on Apache Trail . The applicant's have expressed their willingness to tie-in development of this northern portion of the development with the subject site. Staff would recommend that this linkage of the site into a unified development plan be a condition of the rezoning. The linkage can be justified on the basis that the only access to the subject site is through the northern portions of the project site and that one of the general criteria stated in Section 19.0109 of the Zoning Ordinance is that "the development can be well integrated with its surroundings." Planning and Zoning Commission Recommenations The Planning and Zoning Commission at their regular meeting of September 10, 1985, after public hearing , voted to approve the following motion• (M/S Jorgensen/Hoaglin 5-0-0) "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona , that rezoning case PZ-51-85 , application of ICAM Properties , Clara M. Carney, Randall D. Skidmore and John Rottweiler for their property described as , a matter of public record, requesting rezoning from GR General Rural to C-3 General Commercial District by Planned Development that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are: 1. The conceptual plans submitted on this date to the Planning and Zoning Commission be forwarded to the City Council along with the recommendation. Honorable Mayor and Ci +c„Council Request for Agenda Ite, October 1 , 1985 PZ-51-85 (Ordinance No. 429) Page Three The reasons for this recommendation are: 1. The rezoning would be consistent with the General Commercial General Plan designation for the site. .�. 2. The request would be appropriate with the surrounding land use. 3. The proposed project could be a visual asset, with the appropriate entrance treatment, to the community commercial core located near the intersection of the major highways. 4. Meets the criteria of Section 19.0109 for Planned Development." Stipilations in the Ordinance The following stipulation has been included in the Ordinance: "The preliminary and final plan approval , issuance of permits and development shall be conditioned upon site plan approval by the Development Coordinating Committee , issuance of permits and development of the adjacent property zoned CB-2 and indicated on the concept plan submitted as part of the mini-storage, mail center, apartment , retail complex. " • PZ-51-85 REZONE FROM GR GENERAL RURAL TO C-3 1 f-21- - - - - - - - - - - - - - - - - -7 I L0M i coati il I C B-2 r--- I 1 1 1 CB- 2 '4 1-- - - - - - I 1 'l C.bM coF I 1 11 sic 11 C.!7M i i L3 ?f�IPART vFl cB-2 ,I I 1— —E PRo,ssc r I I v At,AQr I teN(A C$-t I I' I �� I I 1 ,I I — — -- — — .7-y— — — — — — — — 1 siobeerriTiO0 :t tPI.A LAv/4cAruT I 11 I CR-3 I1 GNmitCI4 CµuK H., I 1 ?LAY 6Rotto 0 I l , i I I IIil .- - I- - - - — - - - - - - - - - - - - - — • 1 E SUBJECT SITE 1 i LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) I j I 0 200 400 �s 4001. ORDINANCE NO. 429 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE (/(il ZONING DISTICT CLASSIFICATION IN REZONING CASE PZ-51-85 FROM GR GENERAL RURAL TO CR-3 GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT; 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 /"144 SECTION I IN GENERAL 1. The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land described as A portion of the Northwest 1 of the Southwest a of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, more particularly described as follows: Commencing at the center of said Section 20, thence South 00° 08' 19" East, an assumed bearing, along the east line of the Southwest 3 of said Section 20 for a distance of 435.60 feet to the TRUE POINT OF BEGINNING, thence continuing South 00° 08' 19" East for a distance of 236 85 feet to the northeast corner of Apache Ho Unit One, a subdivision recorded in Book 9 of Maps, Page 59, Pinal County Records, thence South 89° 57' 46" West along the north line of Apache Ho Unit One for a distance of 509.56 feet, Thence North 00° 03' 48" West for a distance of 411.27 feet to a point 200.00 feet southerly of the south right-of-way line of Highway 60-70-80-89, 1[ Thence North 89° 56' 12" East, parallel to and 200 00 feet southerly of said south right-of-way line for a distance of 109.98 feet, Thence North 00° 03' 48" West for a distance of 200 00 feet, to a point on said south right-of-way line, Thence North 89° 56' 12" East, along said south right-of-way line for a distance of 198.78 feet to a point 200 00 feet westerly of the east line of the Southwest * of Section 20. Thence North 89° 08' 19" East, parallel to and 200 00 feet westerly eiS of said east line of the Southwest 1 of Section 20 for a distance of 374 53 feet, Thence North 89° 58' 12" East, parallel to the north line of said Southwest 1 of Section 20 for a distance of 200.00 feet to the TRUE POINT OF BEGINNING; EXCEPT The north 400.00 feet thereof 2 The approval of the zoning district classification shall be continued as concept plan approval for base zoning and shall serve as approval for amendment of the zoning map 3. Development of said approval shall be in accordance with the provisions of Article 19 of the Zoning Ordinance. The provisions of the Uniform Building Code and all other City Codes, policies, guides and standards shall apply and control all design and construction of improvements ��r 4. Applicant shall dedicate all rights-of-way and easements deemed necessary by the City prior to final plan approval 5. The preliminary and final plan approval , issuance of permits and development shall be conditioned upon site plan approval by the Development Coordinating Committee, issuance of permits and development of the adjacent property zoned CB-2 and indicated on the 1 concept plan submitted as part of the mini-storage, mail center, apartment, retail complex, be and hereby is amended from GR General Rural to C-3JGeneral Commercial District by Planned Development II 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 Norman S. Hill Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM David F Alexander City Attorney ROLL CALL VOTE SHEET NOTES jug Mk )/( ITEf1 # IIEETI�6G OF ® ,� lficL/ POTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMAN EIDSON / COUNCILWOMAN GARDNER /. COUNCILMAN JIMENEZ COUNCILWOMAN TAYLORtd//:/ v COUNCILMAN BALJO VICE MAYOR BAKKEDAHL MAYOR HILL J UNANI"".OUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES 61)CLCI / alic)°21( 0///K ITEM # MEETING OF • MOT I ON BY: <)\\Sjitili SECONDED BY: YES NO ABSTAINED VICE MAYOR BAKKEDAHL / COUNCILMAN EIDSON �/ COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR /:/ COUNCILMAN BALJO V MAYOR HILL V UNANI"IOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES Y-914 • ITEM # MEETING MOTION BY: SECONDED BY: gfrAT- y NO ABSTAINED r VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON 1// COUNCILWOMAN GARDNER V COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR COUNCILMAN BALJO MAYOR HILL UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES *(/{l d/I (1 i \` 'D 00...k. (A ITEf1 # MEETING 0'/ MOTION BY: gi i ,L1 SECONDED BY: 1060,4 YE NO ABSTAINED COUNCILMAN BALJO VICE MAYOR BAKKEDAHL , COUNCILMAN EIDSON / COUNCILWOMAN GARDNER J COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR MAYOR HILL 1 UNANI"^.OUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 Step 1 I MOVE THAT ORDINANCE NO. 429, 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. 429 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 429, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRI ? CLASSIFICATION IN REZONING CASE PZ-51-85 FROM GR GENERAL RURAL TO CI-3 ENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. FOR APPROVAL ITEM NO. 7 Step 1 I MOVE THAT ORDINANCE NO. 429, 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. 429 BY TITLE ONLY. SLep 3 I MOVE THAT ORDINANCE NO. 429, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-51-85 FROM GR GENERAL RURAL TO CR-3 GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE DENIED. FOR DENIAL PaN 0-- PUBLIC HEARING I . FOR ORDINANCE NO. 430 2. WILL THE DIRECTOR OF PLANNING SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION M A ROLL CALL VOTE yPCHF✓• O ! 1'n s O U 'I!it : !� z y r. gRiZoNp, �Dity padre unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT August 29, 1985 MEMORANDUM TO:( HONORABLE MAYOR AND CITY COUNCIL THROUGH: 94)iiMICHAEL J. McNULTY, CITY MANAGER FROM: t/CHUCK NEWCOMER, DIRECTOR OF PLANNING PREPARED BY: RODNEY CLASS-ERICKSON, PLANNING ASSISTANT SUBJECT: AGENDA ITEM - OCTOBER 1, 1985 AMENDMENT TO SUBDIVISION REGULATIONS Requesting that an amendment to the Subdivision Regulations Section 6.02E, be placed on the October 1 , 1985 Presently, the Subdivision Committee has two (2) citizen members serving an unspecified term of membership. This amendment addresses the term of membership, starting date and expiration date of the membership term. The starting date of July 1 and expiration date of June 30 are specified in order to synchronize the appointment to Boards and Commissions. CRN:RC-E:j1 Agenda Approved by Date Item ;3 Consent Agenda Public Hearing /v/ Old Business New Business Postponed Item 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(6021 982 8002 INC HE✓G o y 0 U 111'� ` z gRlzoW1/4 4 �2C�Ze unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 19, 1985 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: . � MICHAEL J. MCNULTY, CITY MANAGER FROM: aHUCK NEWCOMER, DIRECTOR OF PLANNING PREPARED BY: \ RODNEY CLASS-ERICKSON SUBJECT: ADDENDUM TO MEMO OF AUGUST 29, 1985 - AMENDMENT TO SUBDIVISION REGULATIONS - AGENDA ITEM - OCTOBER 1 , 1985. This revision addendum addresses the initial term of membership for the Citizen Committee members of the Subdivision Committee. The "initial term" was not addressed in the referenced memo. ,... CRN:RCE.jo 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 ORDINANCE NO 430 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2 SUBDIVISION REGULATIONS BY AMENDING SECTION 6 02 (1) (E), 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 Apache Junction, Arizona, City Code is hereby amended by amending Section 6 02 (1) (E), to read as follows: ( SECTION 6.02 (1) (E) Two (2) citizen members appointed by the City Council. These appointments shall be for a period of two (2) years beginning July 1 and expiring on June 30 The initial term begins con on July 1, 1985, and shall expire on June 30, 1987. 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 of 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 Norman S. Hill Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: David F. Alexander City Attorney ROLL CALL VOTE SHEET NOTES / O f vt)\/ /0 / D MEETING,1EETI►dG OF f ) ° MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR MAYOR HILL � UNANI""OUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CAL VOTE SHEET NOTES t Lt 1 r ! �`l/ o / 9/ efio/ , rtp /11/ ITEM # MEETING OF 0 PLOTION BY: SECONDED BY: ° Y S NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON L1/:2 COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ V MAYOR HILL V i UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 Step 1 I MOVE THAT ORDINANCE NO. 430, 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. 430 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 430, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2 SUBDIVISION REGULATIONS BY AMENDING SECTION 6.02 (1) (E) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE APPROVED AND ADOPTED. FOR APPROVAL Am vb. ITEM NO. 8 Step 1 I MOVE THAT ORDINANCE NO. 430, 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. 430 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 430, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2 SUBDIVISION REGULATIONS BY AMENDING SECTION 6.02 (1) (E); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE DENIED. FOR DENIAL PUBLIC HEARING 1 . FOR ORDINANCE NO. 432 2. WILL THE DIRECTOR OF PUBLIC SAFETY SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4. IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE PQACHE✓G fTM 2 .. O ,. 'au 1;:.0, O DEPARTMENT OF PUBLIC SAFETY -1P/ZONP Dili a pacG�eunction W E McDANIEL Director "O \ September 25, 1985 MEMORANDUM TO: Honorable Mayor and City Council FROM: Director of Public SafetyA.J m THROUGH: City Manager SUBJECT: Proposed City Ordinance No. 432 Emergency Power and Authority The purpose of this proposed ordinance is to give support to the Arizona Emergency Response Plan. It allows the City of Apache Junction to plan for and, upon order, execute emergency task to ensure the safety of the citizens of Apache Junction in the event of a disaster. This ordinance provides an organized and coordinated response to minimize the impact of a disaster. WEM/aes Agenda Approved by /e6 . Date 1. Consent Agenda �} Public Hearing /�/% --1 Old Business -- New Business Postponed Item 1001 NORTH IDAHO RD • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8260 ORDINANCE NO 432 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-16 EMERGENCY POWERS AND AUTHORITY, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR PIS SEVERABILITY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code, Chapter 2 MAYOR AND COUNCIL, be amended by adding Article 2-16 EMERGENCY POWERS AND AUTHORITY, to read as follows, ARTICLE 2-16 EMERGENCY POWERS AND AUTHORITY Section 2-16-1 Definitions Section 2-16-2 Powers Section 2-16-3 Duties of the City Manager Section 2-16-4 Enforcement Section 2-16-5 Immunity Section 2-16-6 Conditions of Enactment Section 2-16-1 Definitions In this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise, A "Emergency Functions" include warning and communications services, relocation of persons from stricken areas, radiological defense, temporary restoration of utilities, plant protection, transporta- tion, welfare, engineering, search, rescue, health, law enforcement, fire fighting, and other activities necessary or incidental thereto B. "Emergency Services" means the preplanning necessary to carry out emergency functions, other than functions for which military force of federal agencies are primarily responsible to prevent or minimize the loss of lives or property caused by disasters of every kind C "Local Emergency" means the existence of condition of disaster or of extreme peril to the safety of persons or property within the territorial limits of the City of Apache Junction which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City as determined by the City of Apache Junction City Council and which require the combined efforts of other political subdivisions D "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons or property within the State caused by air pollution, fire, flood, or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the State and the political subdivision Ordinance No 423 Page One of Five orTnor E. "State of War Emergency" means the condition which exists immediately whenever this nation is attacked or upon receipt by this State of warning from the federal government indicating that such an attack is imminent F "Private Sector" means all industry, commerce, business or banking; all services other than those provided by the government; and all persons other than those in governmental agencies at any level Section 2-16-2 Powers A The City of Apache Junction City Council, pursuant to the pro- visions of A.R.S. Section 26-307, has the power to make, amend and rescind orders, rules and regulations necessary for emergency functions and regulations but such shall not be inconsistent with orders, rules and regulations promulgated by the governor of this State Such orders, rules or regulations shall be effective when a copy is filed in the Office of the City Clerk of the City of Apache Junction, County of Pinal Existing resolutions, rules and regulations in conflict with A R S Section 26-301, et. seq. and hereafter amended, are suspended during the time of emergency and to the extent that they may conflict. B Pursuant to A R S. Section 26-307C. as amended, a state of war emergency, the City of Apache Junction City Council may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials, and facilities and appropri- ating and expending public funds when the City of Apache Junction City Council determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency C. In the absence of specific authority in State emergency plans and programs, the City of Apache Junction City Council will take emergency measures as deemed necessary to carry out the provision of A.R S Section 26-301 et seq , and as hereafter amended. D This Ordinance, upon its adoption, constitutes authority, pursuant to the provisions of A R S Section 26-311, for the Mayor of the City of Apache Junction to declare an emergency and, during such emiN emergency, to govern by proclamation and to impose all necessary regulations to preserve the peace and order of the City of Apache Junction including, but not limited to. 1 Imposition of curfews in all, or portions of, the City of Apache Junction 2. Ordering the closing of any business 3. Closing to public any public building, street, or other public place 4 Calling upon regular or auxiliary law enforcement agencies and organizations within or without the County of Pinal for assistance Ordinance No 423 Page Two of Five OIN In periods of local emergency, including an emergency declared by the Mayor of the City of Apache Junction, pursuant to A R S Section 26-311(A), the City of Apache Junction has full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements therefore. Section 2-16-3 Duties of the City Manager The City Manager of the City of Apache Junction, subject to the direction and control ofthe City of Apache Junction City Council, shall be responsible for the organization, administration and operation of the City of Apache Junction Emergency Services In accordance with the provision of A R S Section 26-312, the City Manager may, on behalf of the City accept for purposes of emergency services an offer of the federal government or an agency thereof, or an offer of any person, firm, or corporation of services, equipment, supplies, material, or funds, whether by gift, grant, or loan There is hereby granted to the City Manager the authority: A During non-emergency periods. 1 To coordinate City of Apache Junction emergency service plans, procedures, programs, and other emergency services activities with federal agencies, State of Arizona, adjoining county agencies, political subdivisions and municipalities of the State and with the private sector 2 To ensure compliance with the provisions of A R S Section 26-301, et seq 3 To ensure conformance with State emergency plans and pro- cedures 4 To achieve adequate operational readiness, adequacy of training programs and proper utilization of emergency equipment and supplies 5 To make such studies and surveys of the private sector as may be necessary to ascertain the capabilities of the City of Apache Junction for emergency services, and to plan for the most efficient use thereof 6. To recommend to the Mayor, City of Apache Junction, for delegation to the various departments and agencies of the City of Apache Junction, appropriate emergency services responsibilities; and to coordinate the emergency activities of all such departments and agencies B. During declared emergencies. 1 To coordinate the emergency activities of all City of Apache Junction departments and agencies 2. To coordinate the emergency activities of City of Apache Junction with federal agencies, State of Arizona, adjoining county agencies, political subdivisions and municipalities of the State, and with the private sector, to achieve the most effective use of personnel, equipment, services, facili- ties, and other existing available resources. Ordinance No 423 Page Three of Five r!=lr 3 To utilize the srevices, resources and facilities of existing departments and agencies ofCity government; and, when neces- sary to create new agencies or call upon the private sector to perform emergency tasks and functions unavailable in departments and agencies of the City. Section 2-16-4 Enforcement The law enforcement authorities of the City of Apache Junction shall enforce all orders, rules, and regulations issued pursuant to this Ordinance Section 2-16-5 Immunity The City of Apache Junction, its officers, agents, employees, and volunteers duly enrolled or registered with the City of Apache Junction Emergency Srevices, and unregistered persons placed into service during a state of war emergency, are immune from liability as provided in A R.S Section 26-314. Section 2-16-6 Conditions of Enactment This Emergency Plan, as adopted by the City Council of the City of Apache Junction, Arizona, will be the immediate basis for the conduct and coordination of emergency operations in the City of Apache Junction under the following disaster conditions. 1 Upon declaration of a State of War by the President of the United States, or 2 When the Governor of the State ofArizona has proclaimed a State of Emergency in an area including this city, or 3. Upon the order of the mayor or his authorized representative, of the City of Apache Junction, provided that the existance or threatened existance of a local emergency has been duly proclaimed in accordance with the provisions of the Emergency Services of this city 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 ,/t repealed r SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or protion of this Oridnance 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 protions thereof. SECTION IV EMERGENCY CLAUSE Whereas, the immediate operation of the provisions of this ordinance is necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist and this ordinance shall be in full force from and after its passage by the council Ordinance No. 423 Page Four of Five ernmir OIS PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF NORMAN S HILL Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM DAVID F ALEXANDER City Attorney eIN Ordinance No 423 Page Five of Five ROLL CALL VOTE SHEET NOTES / I , 4 fryiP b 0 i f 0 'I 1 1a / ITEM # 9 MEETING OF MOTION BY; SECONDED BY; � YES NO ABSTAINED COUNCILWOMAN GARDNER V t2 COUNCILMAN JIMENEZ .`► COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL V COUNCILMAN EIDSON t MAYOR HILL I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES 0."C 2./ ))j ()/ITEM # MEETING IF MOTION BY: VI' SECONDED BY: YES NO ABSTAINED COUNCILMAN EIDSON 1 COUNCILWOMAN GARDNER L� COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHLL/7 MAYOR HILL i UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 Step 1 I MOVE THAT ORDINANCE NO. 432, 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. 432, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 432, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-16 EMERGENCY POWERS AND AUTHORITY; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. FOR APPROVAL (With the Emergency Clause) ITEM NO. 9 Step 1 I MOVE THAT ORDINANCE NO. 432, 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. 432, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 432, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 2 MAYOR AND COUNCIL, BY ADDING ARTICLE 2-16 EMERGENCY POWERS AND AUTHORITY; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE DENIED. FOR DENIAL (With the Emergency Clause) (4CHE4 CIt qR 'r..NP `10ity o� ache unction �zo DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT .�. September 24, 1985 MEMORANDUM Tc: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: - MICHAEL MCNULTY, CITY MANAGER FROM: 01/CHUCK NEWCOMER, DIRECTOR OF PLANNING PREPARED BY: JULIE REID, ASSISTANT PLANNER.)' - SUBJECT: AGENDA ITEM - OCTOBER 1, 1985 (POSTPONED FROM SEPTEMBER 17, 1985) FINAL PLAT APPROVAL SD-1-85 SUPERSTITION HEIGHTS Superstition Heights is a 47 lot twin home subdivision. Recreational facilities have been provided for the residents and will be maintained by a home owner' s association. The preliminary plat for this subdivision was approved by the Subdivision Committee in April , 1985. All comments and requirements from staff and outside agencies have been reviewed and incorporated into the final plat. The final plat was submitted for approval at the September 17, 1985 City Council meeting. Action on the final plat was postponed until �►, October 1, 1985. The staff would recommend approval of the final plat, stipulating that the applicant pay all necessary recording fees. 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FA1-M , fl ROLL CALL VOTE SHEET NOTES - ► D 1 ' 1 ()4 ITEM II 0 MEETING OF MOTION BY: SECONDED BY : NO ABSTAINED VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON V7/ COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR I COUNCILMAN BALJO V MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL C7- ITEM NO. 10 I MOVE THAT THE FINAL PLAT FOR SUPERSTITION HEIGHTS SUBDIVISION, SD-1-85, BE APPROVED WITH THE STIPULATION THAT THE APPLICANT PAY ALL NECESSARY RECORDING FEES. ink raft. P?ACHE✓ O `r � 4, U sir fc iz "IRiZONP �,Ji/y o, Li Jache C unction „sift, September 25 , 1985 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL r THROUGH: CITY MANAGER j- I !" — FROM: CITY CLERK ] SUBJECT: RECONSIDERATION OF RESOLUTION NO. 85-26 ABANDONMENT APPLICATION AB-85-05 (MINNICK) This item has been placed on the agenda for reconsideration at the request of COuncilwoman Taylor. Attached are copies of the item as presented to the Council at the July 16th regular meeting as well as the letter from Dr. Minnick which was distributed to the Council in early August . Prior to any discussion on this item, the Council must first take action to approve the reconsideration . .0111. kmc Agenda Approved by fe4`' Date Item # Consent Agenda Public Hearing Old Business /" ° // New Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 R. S. M►NNiCK, M.D 12269 SKY LANE LOS ANGELES, CALIFORNIA 90049 July 31, 1985 213/472 8504 Mayor Norman Mill City of Apache Junction 1001 N. Idaho Road Apache Junction, AZ 85220 Re: Abandonment Application AB-35-05 Proposed Resolution irf35-26 Location:SmoKetree Street From Saguaro to Ironwood Rd. Dear Mayor Hill: May I respectfully request that the City Council of Apache Junction reconsider Proposed Resolution u85-26, AB 35-05. Please find enclosed a sketch of the proposed Smoketree Ranch Mooile Home Park on the subject site. You will recall that on 7/16/85 the City Council by a vote of 4 to 3 denied my application to relinquish the Federal patented easement for Smoketree Street from Saguaro Drive to Ironwood Road. This denial occurred despite the following facts that were stated at the City Council meeting: 1. The 10-acre site in question was already zoned Mobile Home Park. 2. Pinal County Board of Supervisors at the time of the zoning approval and prior to the incorporation of Apache Junction did not require easement abandonment as a precondition for defining two contiguous 5-acre parcels with an easement between them as a zonable 10-acre mobile home park site. For example, Sierra Leone Mobile Park, whicn I owned, contiguous with the subject property still has an unaoandoned easement separating the two five acre parcels of which it is composed. 3. Mr. Charles R. Newcomer, Director of Planning for the City of Apache Junction stated at the DCC meeting on 6/27/S5 that unless the Smoketree easement was abandoned by the City Council my 10-acres would be defined as two separated 5-acre parcels and therefore a mobile home park could not be built on them. I restated Mr. Newcomer's position before the City Council on 7/16/35. • Page 1 Ank 4. I also stated before the City Council on 7/16/85 that I was planning to buld a mobile home park on the site forthwith and to that end the site was currently covered with stakes for a topographic survey and boundary verification. In the light of the above facts, Mayor Hill , I believe that I am being deprived of the rights which my y already mobile home park zoned ten acre parcel should confer on me. Mayor Hill, also please find enclosed a copy of an engineering drawing showing drainage of substantial washes onto the Smoketree easement just west of Main Street. This results in that area becoming a quagmire and any roadway has been repeatedly washed out. I presented copies of this drainage study to both Mr. Newcomer and Mr. Broman at the DCC meeting. In spite of these facts when one of the City Councilmen asked for the condition of the Smoketree easement to the west of the area to be abandoned these facts were not stated as to why Smoketree had not been cut through and maintained west of Main Street. Respectfully yours, R . s R.S.;•Iinnick, M.D. Page 2 AMERICAN ENGINEERINA COMPANY JOB 35,2,4/ —_ 3864 N 27th AvL Je SHEET NO / _. of PHOENIX, ARIZONA 85017 Phone 277-3386 CALCULATED BY DATE_—____ CHECKED BY DATE „ /00' -- SCALE NE Cod. sec. /8,---.' SMoKETr'=PP 47 RAI'f.N T/A6 R8E C.,?sR8 fri APAC!-+'E JUNCTION, AR . z3N; j; O N89°55'35"E 66o 4o' N. • DRA'N AGE CHANNEL — I—'_ _ ___ _ 3�r ThFQTh6 2.� �7 18 .2.9 30 3/ .3, . 3../35 I 1 1 ..CGS -"-�.1'i ST. ,°- /'I (-. EsmT. r 1 a4 I 44. 4-2 4-/ 36; 1 33' a3 100 45 43 40 'd' 37 I C as a8 — , - � - / / 35 I ° o \ .5 46 / REC. / \9 1.,. .81_DC4 / 39 53 47 a. 2 i AREA i `s �SECbNDARY // ci '� MAIN I 0 ENTR. 3 3 r 57 4.3 _ ENTRANCE.' 0 () sv g0 .4 /' 15 -. v (1 54 4? IoYT) I o a 19 5 / l ( 1no / 0 5d / / /3 _ 2 o z 18 .5-i 5/ 7 / , I.:: 3 I I-1 I /7 4 53 - 8 9 /o /I 3; E 5 ' I 33' 15 l4 /3lic2. it Jo 9 8 7 so s CL es...._ N; m E 4 Cc. Sec /8 -.• PRORK!2O4.i f gS)Iit,Giamn Ma OWI. •,.,^„we-.,-,,,.�.-w D _r .r-..,, .._ ......:._ , , ....•.. .. q�.r PRaP•osri.15 Abandonment of SMOKETREE RD easement has MOBILE HOME PA R K been req•iested of Apa.Jct Engineering Dept SMoK �•-T►� r Ra NC & will re _re 17 foot dedication of TR0NWOOD D frontage. P,n+inage ditch and culvert ccnsY_r,.cted 1978 on North border of Parcel_ l and '-EiTIt atilt-- - -- -- F1 / / West borders of the ur� aned ti -'9" ',._ _ g 2. c acres . I //f / N \ I 7V,cual Drainage • : F p^ctern -v- :- % T. . .F r. . • o y . I ZONED 1 / % I / SCALE r • OOa /—I UN 104 EA) sad .,, //IJ o I OWNER INN1CX, MO,,8 JAN e (NEW SLOPE I ��2o9 Sky Lane x � m Los Angeles, CA 90049 0 13 b j EXISTING SLOPE 1•, OFF. (213) 553-0394 1 2oN 'L` A I PES: (213) 472-850L 1 ^------- --------------- 594 27 4 h .!I .. 33 SJ RA L,3.&�Jf MOBILE 2 T.' PARK " Z . TEPEE._ L.., _.STREET - — a OISTANCE• 8FARINGS MAY AWUST ON FINAL SURVEY kCULVENTS, SIZE ONFINL DATA 1 • r / M (CO ENGINEERING CO �1'yvn` 'I •n, C 5336 N OATH 6TNSTREET � 274 1641 k`v's , PHOENIX,ARIZONA Gum F!,..;,;,,+,,q••l^..1r.a:r..�,A.wO�!4�M�tlb'. »c`t'Yfn.or-fx,. .., w.n+enn.rnaw+....w`.Mu�.+.1. -. 4 AI0/A+IAlix+sxmiz.^,..^.r- Ppp,CHF v ��.Yc ,i,t Z 'IRIZONP city o� pi(IC le unction (r: DATE: JULY 8, 1985 ^, MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER 1/0i^^ FROM: DIRECTOR OF PUBLIC WORKS REGARDING: AB - 85-05 RESOLUTION NO. 85-26 RELINQUISHMENT .OF FEDERALLY PATENTED EASEMENT (AGENDA ITEM) Approver for Agenda GENERAL INFORMATION Date, item # First Reading 7f/A' APPLICANTS: DR. & MRS. R. S. MINNICK Second Reading _ - Public Hearing - Old Business _j New Business PARCELS: 100-32-028, 100-32-029 - Consent Agenda 1 STREETS REQUESTED: SMOKETREE STREET FROM SAGUARO DRIVE TO IRONWOOD DRIVE STREET CONDITION: NOT OPENED OR MAINTAINED BY THE CITY. ALL PROPERTY OWNERS HAVE ACCESS FROM OTHER STREETS. D.C.C. COMMENTS: NO OBJECTION IS EXPRESSED TO THE APPLICATION. (SEE MEMORANDUM ATTACHED. ) File No. 100.051, AB-85-05 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220 0190 • TELEPHONE(602)982 8002 (-1,1p,CHE ✓e, O U - f Z t "qPizO ? cOZt y c7 ?7Jac die �unction ( DATE: JUNE 27, 1985 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER FROM: VICE CHAIRMAN, DEVELOPMENT COORDINATING COMMITTEE REGARDING: RELINOUISHMENT OF FEDERALLY PATENTED EASEMENTS AB-85-05 (MINNICK) , The Development Coordinating Committee reviewed the above application on and expressed no objection for the following reasons: 1 . The roadways have never been opened or maintained by the City for public use. 2. The roadway is a local classification. 3. The use of property by the owners would be enhanced. c:- 4. Adequate access to public rights-of-ways would remain available. s.eP 5. Area transportation circulation would not be adversley affected. 6. Parcels 28 and 29 were previously zoned TH by Pinal County. 7. This abandonment could permit parcels 28 and 29 to be developed into a mobile home park. 8, The general plan inidcates parcels 28 and 29 to be a medium/high density opportunity area. 9. Required dedications have been obtained. cc Engineering flivision Planning Department File No, 100.051 , AB-85-05 1 C01 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220 0190 • TELEPHONE(602)982 8002 iL RESOLUTION NO 85-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT—OF—WAY PURPOSES DESCRIBED AS SMOKETREE STREET FROM SAGUARO DRIVE TO IRONWOOD DRIVE IN STREET ABANDONMENT CASE AB-85-05, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHT—OF—WAY. WHEREAS, the requested abandonment is a Federally Patented Easement described as a parcel of land located in a portion of Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian. Apache Junction, Pinal County, Arizona, and more particularly described as follows. The South sixty—six (66') feet of the North six hundred ninety—three (693') feet of the East half of the Southeast quarter of the Northeast quarter of Section 18: EXCEPT the West thirty—three (33') feet: and EXCEPT the East Fifty (50') feet thereof WHEREAS, the abandonment requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a Federally Patented Easement which may in the future be developed: and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these said Federally Patented Easements for public right—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 Easement reserved for public right—of—way purposes are hereby abandoned and extinguished as present or future public right—of—way. BE IT FURTHER RESOLVED that the abandonment of the public right—of—way has no effect on reservations for public utility easements. C) PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE i+.w JUNCTION, ARIZONA, THIS DAY OF ,1985 Norman S Hill Mayor ATTEST' Kathleen Connelly City Clerk APPROVED AS TO FORM: David F Alexander City Attorney AB-85-05 SEC. 18 FOOTHILL ST, _ 19 18 2 0 2 I O O w • 0 0 028 50' e c > w O > 0j o SMOKETRE07 g f 3 z z 0 © o . 50' 33' 66' 33' 35 35 (EPEE T. PROPOSED ABANDONMENT C- ASSESSOR'S PARCEL NO SCALE I"= 200' ROLL CAL VpE SHEET NOTES C)IP 1 6 / 1 6 g Pi° ITEM # I) MEETING OF /V :______ )\ki MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO '� VICE MAYOR BAKKEDAHL / COUNCILMAN EIDSON V COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED . ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES � (Y lI� t ITEM # MEETING OF �i MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMAN BALJO V VICE MAYOR BAKKEDAHL Amok COUNCILMAN EIDSON f/ COUNCILWOMAN GARDNER V COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR MAYOR HILL � UNANI"SOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11 I MOVE THAT PROPOSED RESOLUTION NO. 85-26, AB-85-05, BE RECONSIDERED. I MOVE THAT RESOLUTION NO. 85-26, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES DESCRIBED AS SMOKETREE STREET FROM SAGUARO DRIVE TO IRONWOOD DRIVE IN STREET ABANDONMENT CASE AB-85-05, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED AND ADOPTED. PQACHF ✓ AlP/ZONP Oity a (pApacheunction DATE: SEPTEMBER 23, 1985 MEMORANDUM TO: HONORABLE MAYOR, AND MEMBERS OF THE CITY COUNCIL r :54 THROUGH: CITY MANAGERly FROM: DIRECTOR OF PUBLIC WORK REGARDING: AB -85-09 RESOLUTION NO. 85-45 RELINQUISHMENT OF FEDERALLY PATENTED EASEMENT (AGENDA ITEM) GENERAL INFORMATION APPLICANTS: LEWIS BREWER DEVELOPMENT COMPANY, MARGARET F. CAMBELL AND JAMES F. BEAUCHAMP PARCELS: 101-21-023 & 101-21-024, 101-21-021 & 101-21-022 STREETS REQUESTED: 22ND AVENUE FROM CORTEZ ROAD TO ACACIA ROAD AND STAGECOACH ROAD FROM SOUTHERN AVENUE TO HIGHWAY 50, 70, 80, 89 STREET CONDITION: UNIMPROVED AND NOT MAINTAINED, D.C.C. RECOMMENDATION: SEE ATTACHED MEMORANDUM DATED SEPTEMBER 19, 1985. A Agenda Approved by /j":6--- Date Item tt Consent Agenda _ Public Hearing File No. AB-85-09 Old Business / Now Buc,+eess IO i/g5 / 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • PosT N9111 02)982 8002 Au lk, rix? ✓ '( G,L ;/ : 11 1Z '1P,ZoNP/ it p o ache &unction DATE: SEPTEMBER 19, 1985 MEMORANDUM TO: HONORABLE MAYO AND MEMBERS OF THE CITY COUNCIL i THROUGH: CITY MANAGER // FROM: VICE CHAIRMAN, DEVELOPMENT COORDINATING COMMITTEE REGARDING: RELINOUISHMENT OF FEDERALLY PATENTED EASEMENTS AB-85-09 , The Development Coordinating Committee reviewed the above application on September 19, 1985 and expressed no objection for the following reasons: 1 . The roadways have never been opened or maintained by the City for public use. 2. The roadway is a local classification. 3. The use of property by the owners would be enhanced. . ., 4. Adequate access to public rights—of—ways would remain available. 5. Area transportation circulation would not be adversley affected. 6. All property owners desire abandonment. cc Engineering Division Planning Department File No, AB-85-09 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 ..N - - I ; - I • - - --- ••• - - ___� • • 33 ' - . , . - - • 11#0\ g •I0 , . -• , 1r' ' I - O • .: , - l&filli • -/ e , 1� ti/ 'USA 415.6te 11,041.1-' . •--'v;�£, �. - -- :1 - 22nd —• -i '� • i AV/- - T CI ,' - I 1 '. 1 • -//111/4 ..n 2.q 1 . 1 HQ Alli • 1 ) - . - • '^ ..id - `I lit. f ../(4/ 0 I IS ()THE Pt� " • 4 5 50' cc0 r21_41_55 Po saciLE. sitet� hgvEtbrmwt. . f RESOLUTION NO 85-45 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 22ND AVENUE FROM CORTEZ ROAD TO ACACIA ROAD AND STAGECOACH ROAD FROM SOUTHERN AVENUE TO U.S.HIGHWAY 60-70-80-89 AS DESCRIBED IN STREET ABANDONMENT CASE AB-85-09, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PPESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the requested abandonments are Federally Patented Easements described as parcels of land located in a portion of Section 27, Township e1 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junctior Pinal County, Arizona, and more particularly described as follows The North sixty-six feet (66') of the South six hundred ninety-three feet (693') of the South half of the West half of the Southwest quarter of the Southeast quarter of Section 27. EXCEPT the West forty feet (40'); and EXCEPT the East thirty-three feet (33') thereof. The East sixty-six feet (66') of the West three hundred sixty-three feet (363') of the West half of the Southwest quarter of the Southeast quarter of Section 27. Lying South of the South Right-of-Way line of U S Highway U.S 60-70-80-89. EXCEPT the South fifty feet (50') thereof. WHEREAS, the abandonment requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a Federally Patented Easement which may in the future be developed, and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that 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 Easement 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 ,1985. NORMAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM DAVID F. ALEXANDER City Attorney AB-85-09 SECTION 27 r - - -- ,i. I: :\I -- - - - -, 1 I 0 3 ti�� so I 22 @1) i I� ,}� R•OB USA 1111 / ` O 0/ I XI I. USA I. r— -7/ &FUE i I 1 1 ® I 0 I 7, I I I I ® II 0 I I 5 I I 23 CD I6 I 1 33'I 66' / / 'I I O �1 _ ' I I r I I I 1 , ' I 25 I I I I O Ita) I I , - r/ I 1 I :A_ q __ J -SOUTHERN-74 NUE - - _ - L J r w 1/ A PROPOSED ABANDONMENT ED ASSESSOR'S PARCEL NO SCALE I" = 200' L ROLL CALL VOTE HEFT NOTES 0,0 , ITEM # I y / MEET I►dG 0 MOT I ON BY: SECONDED BY: • Y/ES NO ABSTAINED . COUNCILMAN_ JIMENEZ COUNCILWOMAN TAYLOR ✓ COUNCILMAN BALJO , VICE MAYOR BAKKEDAHL V COUNCILMAN EIDSON COUNCILWOMAN GARDNER 7 MAYOR HILL V I UNAN S IN FAVOR OPPOSED . ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT RESOLUTION NO. 85-45, 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 22ND AVENUE FROM CORTEZ ROAD TO ACACIA ROAD AND STAGECOACH ROAD FROM SOUTHERN AVENUE TO U.S. HIGHWAY 60-70-80-89 AS DESCRIBED IN STREET ABANDONMENT CASE AB-85-09, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, BE APPROVED AND ADOPTED. A p r „ . ..,4 ACHE✓G . . .,.„, ► y,t 4`‘ U 3Y f -,1 J_. i z " � . may�. i cO' q,:.`p�Z�N its o� ace unction SEPTEMBER 20, 1985 TO: HONORABLE MAYO ,AND MEMBERS OF THE CITY COUNCIL //I THROUGH: CITY MANAGER FROM: DIRECTOR OF PUBLIC WORK REGARDING: VACATION OF A PORTION OF PLAZA DRIVE AB-85-10 (AGENDA ITEM) On May 21 , 1985, the City Council approved the Design Concept Report for the reconstruction of US 60 / SR 88. As indicated on the plan, access to the Bayless shopping area is to be moved Northerly + 200' so as to align with the access to Grand Center, and to provide adequate stacking distances for ingress to the commercial areas as well as preventing blocking of egress traffic due to intersection signalization. Prior to the Citys incorporation, the Plaza Drive dedication was accepted by Pinal County and as it would not function in a safe manner as a part of the reconstruction, its vacation is recommended. RWB:th attachments: Exhibit "A" Exhibit "B" DCC Recommendation Agenda Approved by -' Date Item a Consent Agenda Public Hearing Old Business File # AB-85-10 New Business /3 301 .06 100.051 Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 HF("INC (S 5 �,ff� fF����\ M •gR/Z014CI 'C70ity o &47iache &unction DATE SEPTEMBER 20, 1985 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 1 ,,(THROUGH: , CITY MANAGER i-4 / 6 IP FROM: VICE CHAIRMAN, DEVELOPMENT COORDINATING COMMITTEE \ REGARDING: VACATION OF A PORTION OF PLAZA DRIVE AB-85-10 The Development Coordinating Committee reviewed the above application on September 19, 1985 and expressed no objection for the following reasons: 1. The Council approved preliminary Design Concept on May 21, 1985. 2. The use of property by the owners would be enhanced. 3. Adequate access to public rights—of—ways would remain available. 4. 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O X co rn r,�� , CO , SPR OUSE REITZ -- b elZ w O n1 n~j� Off' = W to . = W 'I \ Cna e9 '4. /7500 cn � \ soo4//5w ,/4a 35' '' \ S ±1' I A- \--co �50.04'l5'Wct- O o FIRST - v, c�r NATIONAL (' _ '---D � `• o�BANK �F p' ,___ 0 N\' 90�ST�c•R O'Cn 327.55 �''` S 0'04'/5"W . r /523 504.Eco \Q' s �60 CO�� B/DO\h 99.00�\ /IDOD A CO RESOLUTION NO. 85-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A PORTION OF PLAZA DRIVE NORTH OF US HIGHWAY 60, 70, 80 AND 89 AS DESCRIBED IN STREET ABANDONMENT CASE AB-85-10 IS NO LONGER FUNCTIONAL FOR PUBLIC USE AND IS HEREBY VACATED. WHEREAS, the requested vacation are public rights-of-way located in a portion of the Southeast quarter of the Northeast quarter of Section 20, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, more particularly described as follows. All that tract or parcel of land lying wholly within a portion of the Northeast Quarter of Section 20, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. Said tract being a portion of the right-of-way of Plaza Drive (Lost Dutchman Boulevard) as established on the Dedication of Right-of-Way for Streets, Map as recorded in the Pinal County Recorder's Office in Book of Maps 11 on Page 24, and being further described as follows. Commencing at the Northeast corner of Section 20, Thence North 89°47'00" West along the North line of said Section 20, a distance of 1,319 40 feet to the intersection of said North line and the centerline of Plaza Drive (Lost Dutchman Boulevard); Thence South 0°04'15" West along said centerline a distance of 502 05 feet, Thence South 11°51'38" West, a distance of 100.00 feet; Thence South 0°04'15" West, a distance of 1,161 56 feet; Thence South 9°38'30" East, a distance of 87.66 feet to the Point of Beginning, Thence North 85°12'52.5" East, a distance of 40.14 feet to a point in the East right-of-way line of Plaza Drive (Lost Dutchman Boulevard), Thence South 0°04'15" West, a distance of 470.00 feet; Thence South 35°08'03" East, a distance of 208.35 feet to a point in IL the North right-of-way line of Apache Trail (Highway U S 60), Thence along said North right-of-way line along a concave curve to the Southwest having a delta 5°05'38", a radius of 905 feet, and a length of arc of 80.46 feet; Thence North 35°08'03" West along the West right-of-way line of Plaza Drive (Lost Dutchman Boulevard) a distance of 222.52 feet, Thence North 0°04'15" East, a distance of 487.82 feet; Thence North 85°12'52.5" East, a distance of 40 14 feet to a point in the centerline of Plaza Drive (Lost Dutchman Boulevard), the Point of Beginning WHEREAS, the vacation 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, and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that these public rights-of-way are no longer functional for public use as roadways due to the reconstruction of US 60 and SR 88, and WHEREAS, traffic safety would be enhanced. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described public rights-of-way are hereby vacated as present or future public rights-of-way Subject to easements for emergency vehicles and utilities as may be appropriate and contingent upon the reconstruction of the intersection of US 60 and SR 88. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF ,1985 NORMAN S. HILL Mayor s RESOLUTION NO. 85-44 PAGE TWO ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAVID F ALEXANDER City Attorney �s N 89°47100"W _ I319 40 SUPERSTITION BLVD N Ii-- In NORTHEAST C R oI SECTION 20 S 1I°51'38"W -100 00 1 3 oc0 N S.9°38'30"E 8766 1 POINT OF BEGINNING N 850 142.5"E. AB-85-10 • +� PLAZA DRIVE SCALE II'= 100' ......... ............... ... . .. ........ ....... ........ ... . .. ........ ....... ........ . . ... ... .............. .......... . ... .................. i o z •:-.0.5 Lo cl 1 4 I .J \ , • P o -6c . PQ to t \ �L5°05'38" R=905.00 L=8046 I ROLL CALL VOTE SHEET NOTES g6 OPIN t ITEM # f MEETING OF /(Yi MOTION BY: SECONDED BY: cig`" YES NO ABSTAINED COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR V COUNCILMAN BALJO ✓ VICE MAYOR BAKKEDAHL V COUNCILMAN EIDSON MAYOR HILL UNANI1OUS IN FAVOR OPPOSED ABSTAINED TOTAL 4=7- ITEM NO. 13 I MOVE THAT RESOLUTION NO. 85-44, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A PORTION OF PLAZA DRIVE NORTH OF U.S. HIGHWAY 60, 70, 80 AND 89 AS DESCRIBED IN STREET ABANDONMENT CASE AB-85-10 IS NO LONGER FUNCTIONAL FOR PUBLIC USE AND IS HEREBY VACATED, BE APPROVED AND ADOPTED. PQp.CHF� ,10410:./,1 , ,e' l) • /V , r may i4 z. ac,� "IR1zONP c0ity 4 &pache unction September 30, 1985 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ,_ THE CITY MANAGER SUBJECT: LIBRARY - SENIOR/COMMUNITY CENTER BIDS The architect has reviewed all of the bids in detail and has recommended that the bid be awarded to MTV General Contractors in the amount of $712,900 (see attached memo). It is my recommendation that the Council accept this recommendation plus rejecting alternates 1 and 2 and allow the Public Works department to perform alternate #3 (paving of the parking lot). As to the comments made by Mr. Earl Labbs at the Thursday meeting; the architect has checked with former clients of MTV, one of which was the Indian Health Service on a $1 million contract and has not received one bad comment. I have also been informed that Mr. Labbs and the principals of MTV had lunch today and made an inspection tour of the Fire Station. It appears that all of the complaints were items of a punch list nature, ie, things that could be fixed or changed when they were brought to the contractor's attention. The funding for the project is as follows: Approved by vote $400,000 ($30,000 for architect fee) CBDG Grant 114,672 Budgeted 1985 185,000 $699,672 Bid 712,900 Needed from Contingency $ 13,228 1001 NORTH IDAHO • APACHE JUNCTION.ARIZONA 85220-0190 • TELEPHONE(602)982-8002 LAWRENCE ENYART ARCHITECT - ARCHITECTUREURBAN PLANNING NTER ORS INDUSTRIAL DESIGN & ASSOCIATES 5829 North 7th Street Phoenix, AZ 85014 (602) 263-8344 September 23, 1985 r0,, Mr. Michael J. McNulty, City Manager City of Apache Junction 1001 North Idaho Apache Junction, Arizona 85220-0190 Re: Apache Junction Library E. Senior Center Dear Mr. McNulty, As per your request, we have reviewed the bids received on September 20, 1985 for this project. The low bidder for the project is MTV General Contractors, 461 S. Center Street, Mesa, Arizona. The bid submitted by this contractor is as follows: Base Bid - $712,900 Alt 1, $9,231 Alt 2, $24,171 Alt 3, $26,659 The square foot (s.f.) costs for this important 12,800 s.f. public building is $55.62 (Base Bid) . This is very close to the estimated $55.00 per s.f. that I presented to the Council at a special work session earlier this year. In my review, I have found that the bids are in order. It is my recommendation that this bid be accepted by the City of Apache Junction and that a contract be entered into with the low bid contractor, MTV General Contractors, and that a notice to proceed be issued. It should be noted that this is a favorable time of the year in which to begin construction. Should you have any questions, please give me a call. S. erely, La rence Enyart, AIA LE/mp ACHE✓ G j PQ rO Z q,QIZONFP+ its a pa �G ceunction September 26, 1985 el. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER FROM: CITY CLERK i,e/ SUBJECT: AWARD OF BID FOR LIBRARY/SENIOR CENTER The bids for the proposed library/senior center were opened on Friday, September 20th. Nine companies submitted bids as indicated by the minutes . The bids have been submitted to the architect for his review and recommendation. This recommendation will be presented to the Council prior to the Council meeting. kmc �� Agenda Approved by Date Item # Consent Agenda Public Hearing Old Business ,C//� /� New Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 PQACHE✓G O� r i 'le 5 •� V l 1..M 4 r y Z IR/ZONP' COity o,e. 04pache &2unctian Construction of City of Apache Junction Public Library/Senior Center September 20, 1985 '~ Those Present: City Manager Michael J. McNulty Mayor Norman S. Hill City Clerk Kathleen Connelly Councilman Frank Jimenez Director of Planning Chuck Newcomer Councilman George Baljo Assistant Planner Julie Reid Councilman Jimmy Eidson Library Director Pam Louie Company Representatives Deputy City Clerk Lori Clark Company Name and Address Alt. 1 Alt. 2 Alt. 3 Base Bid Waslin Contracting P.O. Box 26814 Phoenix, Arizona $9,500.00 $23,000.00 $45,000.00 $810,000.00 KJ Construction 309 E. 10th Drive Mesa, Arizona $6,100.00 $18,950.00 $40,300.00 $815,000.00 Triple S Construction 511 W. Guadalupe Rd. , Suite 9 Gilbert, Arizona 85234 $9,500.00 $25,500.00 $27,800.00 $825,700.00 Alt. 4 $8,500.00 Command Development, Inc. 9420 E. Doubletree Ranch Rd. Scottsdale, Arizona 85258 $9,600.00 $29,133.00 $31 ,400.00 $767,700.00 '.. Master Drapery & Carpet 3003 w. Thomas Rd. Phoenix, Arizona 85017 Incomplete Bid MTV General Contracting, Inc. 461 S. Center Mesa, Arizona 85202 $9,231 .00 $24,171 .00 $26,659.00 $712,900.00 Malcoln Construction Corporation 3029 E. Southern Avenue Phoenix, Arizona 85040 $4,050.90 $25,357.76 $34,872.00 $774,499.00 W. Johnson Construction P.O. Box 16200 Mesa, arizona 85201 $6,300.00 $27,000.00 $32,000.00 $849,000.00 Page One of Two 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 Library/ Senior Cent(""k'Bids Cont'd . . . .•. Page Two of Two Company Name and Address Alt. 1 Alt. 2 Alt. 3 Base Bid Skidmore Contracting 303 N. Centennial Way, Suite 110 Mesa, Arizona 85201 $6,067.00 $24,892.00 $33,350.00 $817,971 .00 at .11./L / / Kathleen Connelly J City Clerk WITNESS: • ce„AL, L i V. Clar'k Julie Reid Deputy City Clerk Assistant Planner / R LL CALL VOTE SHEET j / 01//'NOTES f u I 1),JV , r ii, 0 ‘ _, , , , \ vrili , \ y4i)iiio ITEML I MEETING 0 io MOTION BY: SECONDED BY: YE NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ V/ //COUNCILWOMAN TAYLOR M V COUNCILMAN BALJO / VICE MAYOR BAKKEDAHL 1!/ MAYOR HILL / i UNANI"'! US , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 14 I MOVE THAT THE BID FOR THE CITY OF APACHE JUNCTION P BLIC LIBRARY/SENIOR CENTER BE AWARDED✓� TO m v (90n . n� ,, IN THE AMOUNT OF ( 411 Q). • PQACHE✓ Ac G L gR1ZONP-. COit y o 04 Jache C unction September 24 , 1985 MEMORANDUM TO: HONORABLE MAYS AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER 47 FROM: CITY CLERKE' " SUBJECT: CITY MANAGER CONTRACT This item has been placed on the agenda at the request of Councilman Eidson. The attached contract is identical to the one presently in effect with the only exceptions being a change in the salary to that approved by the Council as well as a change in the amount budgeted for professional travel, education and similar expenses also approved by the Council. This item will appear on the October 1st agenda for your action. Adak kmc Agenda Approved bye" Date Itc , Consent Agenda Public Hearing Old Business New Business /C/ S�, /,�-' Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982 8002 EMPLOYMENT CONTRACT CITY MANAGER AGREEMENT made this day of , 1985, between the CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, 1001 N. Idaho Road, Apache Junction, Arizona, hereinafter referred to as "Employer" and MICHAEL MCNULTY of Apache Junction, Arizona, /di\ hereinafter referred to as "Employee" : 1. In consideration of the mutual promises and agreements herein contained, Employer agrees to employ Employee and Employee agrees to work for Employer under the following terms agreed on by the parties hereto. . 2. The services to be performed by Employee shall be those of City Manager, as defined by Article 3-1 et.seq. of the City Code of Apache Junction, Arizona. 3. The term of this contract shall commence on November 7, 1985, and shall continue for a period of one (1) year thereafter, unless sooner terminated as provided for herein subject to the following qualifications- A) Either party hereto may give to the other party thirty (30) days written notice of intention to terminate. The contract shall terminate on the thirtieth (30th) day subsequent to the date of receipt of such written notice by the other party. B) Employer shall give Employee ninety (90) days written notice of its intent to renegotiate a contract for the services of Employee as City Manager prior to November 6, 198b. C) Employee shall accrue severance pay at the rate of one (1) month's pay for each year of employment, and shall receive credit for one (1) month's accumulated severance pay as of November 7, 1984 Should termination occur at some other time than an anniversary date, severance pay shall be computed on a pro rata basis. Severance pay shall in no circumstance exceed four (4) month's pay Employee's rights to salary compensation upon P5 termination of this contract are limited to severance pay; and Employee specifically waives his right to sue for breach of contract, or any other claim or cause of action arising from the termination of his employment. Employee shall be entitled to severance pay should Employer not renew Employee's contract; and Employee shall receive such other termination compensation as is received by other full time city employees upon their termination such as accrued vacation pay and accrued compensation time pay 4 Employee further agrees as follows: To devote his entire time, skill, labor and attention to said employment during the term of this employment and not to engage in any other business or calling of a permanent nature during the term of employment unless authorized to do so by Employer Page One of Two 5. Employer further agrees as follows. A) To pay Employee the sum of FOUR THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS AND THIRTY-THREE CENTS ($4,333 33) per month ($52,500.00 annually) payable to Employee on the same payroll schedule as is consistent with other employees of the City of Apache Junction B) To reimburse Employee for expenses incurred in member- ships in professional organizations, professional /.N, travel, professional education and similar activities in an amount, however, not to exceed a budget limitation placed on such expenditures commencing fiscal year 1985-86. For fiscal year ending June 30, 1986, such expenditure shall not exceed $2,500 00. C) To furnish Employee all ordinary benefits normally provided other employees of the City of Apache Junction to include medical insurance coverage and participation in the State Retirement program, as well as paid vacation, sick leave, and compensatory time D) Employee shall be entitled to use of a city-owned vehicle on a twenty-four (24) hour basis. Said vehicle is not to be used for personal use However, normal travel to and from work shall not be con- sidered personal use. 6 This contract shall be interpreted and enforced in accordance with the laws of the State of Arizona 7. This contract contains all the terms and conditions agreed on by the parties hereto, and no other agreements oral or other- wise regarding the subject matter of this contract shall be deemed to exist or bind any of the parties hereto. EMPLOYER: CITY COUNCIL OF THE CITY OF APACHE JUNCTION BY. NORMAN S HILL, MAYOR eaS. MICHAEL MCNULTY, EMPLOYEE PAGE TWO OF TWO ROLL CALL VOTE SHEET NOTES viop L C\\11)) ITEM # I MEETING OF /0(( MOT I ON BY: DV SECONDED BY: YES NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES j/ 1'v ITEM # MEETING OF MOTION BY: 611// SECONDED BY: YES NO ABSTAINED VICE MAYOR BAKKEDAHL ` COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR COUNCILMAN BALJO MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 15 I MOVE THAT A ONE YEAR CONTRACT FOR CITY MANAGER MICHAEL J. MCNULTY, IN THE AMOUNT OF $52,500.00 BE ACCEPTED AS PRESENTED. ROLL CALL VOTE SHEET NOTES O'f° 4' ') I0 ITEM # (MEETING OF i MOTION BY: 1"1SECONDED BY: YES NO ABSTAINED COUNCILMAN BALJO vi VICE MAYOR BAKKEDAHL 6/ COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR MAYOR HILL ✓ 1 UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 16 I MOVE THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO SUBMIT THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT TO THE GOVERNOR'S OFFICE FOR FUNDING CONSIDERATION. Onb, Aar i0cy ACHF 4'1 ' n..A U it,it : • z \\........... d9RIzOO. (Oily et 4acie unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 16, 1985 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: ' ' MICHAEL J. MCNULTY, CITY MANAGER / FROM: of CHUCK NEWCOMER, DIRECTOR OF PLANNING op SUBJECT: RESIGNATION FROM PLANNING AND ZONING COMMISSION APPOINTMENT OF NEW MEMBER I received word on September 9, 1985, from Mrs. Betzner that John Betzner, due to other professional and personal commitments, must resign from the Planning and Zoning Commission. I have requested that Mr. Betzner provide a letter of resignation, but as of yet we have not received it. ... Therefore, I would request that the City Council accept Mr. Betzner's resignation and appoint his replacement for the remaining term of office to expire June 30, 1988. CRN:jo Agenda Approved bye- Date Rem Consent Agenda Public Hearing _. Old Business New Business 1r17 / 7 Postponed Item 1001 NORTH iDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982-8002 P?ACppN` ✓ U k r k,,,, Z ';, •�, ,�, C(''f 2 o (�,Aache 2uu;!,;,`io2z TALENT BANK APPLICATION • FOR Pi_A/VAi i/6- 4- ZOIV/NCr /COMMISSION/COi DATE. `(2 `// 4S- NAME. L-L_Vf} K ()i V'1C S TELEPHONE: gt5', - 97-80 (home) I i Norffk. tvrKcie .it, (offic ADDRESS: 64 9 , fI a-- 8S2-7-O ZIP CODE: • OCCUPATION: SELF EMPLOVED I)/E T I1R - £0N5ULTfN r (if retired, please indicate former occupation or procession) EDUCATION: Al A t jr2 j 13 S kwA 5./z <...v..eA��f PROFESSIONAL AND/OR COMMUNITY ACTIVITIES. f�.f.„,,Ap , OfiC - AT C.'2-1.4 q ( , Q ' '�"RC�GwftGL � C.�w "K-✓+'+F ( -M�-^� y+� -..K�CA a.. l�cr..c.cl✓.�s,..�. 4, (�04.,o-c.�- 154-L t d�'-�. J ADDITIONAL PERTINENT INFORMATION/REFERENCES: 4, „ . " J.,,,, ,.(I ;, NOTE. As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside within the corporate limits of the City of Apache Junction and that I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. Lra-- 7c-r1 L)-2-„<. _. Revised 6/19/81 Si; •ature or AupLicant 1C01 NC2TH IDAHO ROAD • APACHE JUNCT'nV 6.717r`•Ja AS'•'•^ . tCI C7ue,,,r ....• •�^., i° :\i‘ Arn...*, a 0� Pep,CHc ✓Gti --)-`,,y;-V-c-..,__::. A , . ::,..: 0 ,,,lZON,, V?'fj on G/2 IGLc!le v u i-T„,lion TALENT BANK APPLICATION! FOR '2, AOw%ti41 -r" Z•441 t ~'_ ii,^^, CorfriissioN/CalIT7 DATE:It 5 / — ���NA'r": �/. r/ VA I" ( TELEPHONE: 7 7()► /'rji 9 g (home) �� 9 S ,. G lv g� (offic. ADDRESS. 1p2 0 . c Pa/f a Ito f*4/1 ZIP CODE: - 5..S/2C.3. 4 OCCUPATION: Y .¢ c vT V -r .of" 1 N R. V(if retired, please indicate former occ(4.5-7 tion or profession) EDUCATION: / g K -S e L I -A- 6 PROFESSIONAL AND/OR COMMUNITY ACTIVITIES: ADDITIONAL PERTINENT INFORMATION/REFERENCES: O,t✓ Tie /. !K g tor ;air r Al f� Or A .....-- .........._ _, a pie C . NOTE: As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside within the corporate limits of the City of Apache Junction and that I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. —/V'' . Revised 6/19/S1 Signature of Appiican RECORD RECORD COPY IC01 NC2TH IDAHO ROAD • APACHE JUNCTtCN A717CNA AS?^n . Tn evun.lc Ian 1\n•,t 01,n•1 AIR CONDITION111G HEATING QUALITY AND SERJICE COOLERS WE STICK U. PLUMBING To IT H. Cline Vanhoy ( 602) 982-1451 tJ 0 0 (LCIZ2 TALENT BANK APPLICATION • FOR )g/otitgle- z0 /ivy BC ,RD/COMMISSIO t/COMMIT E_ / DATE. q �S fr -d 7_ NA' : /� �,�/r�l� i//-7/Y4Z7 V TELEPHONE: (hor_e) (offic ADDRESS. /3ci S i /v7‘2i' /d//3,7 ZIP CODE: OCa:PATION: ,74 .(viy)f- o/7/ f-/..4/i�t �' L a;�S � � �5 (if retired, please indicate former occupation or procession) �✓/ EDUCATION: ,r% 5�, T7 i / 5 C�/oU� f�r oOil G'l��O/�lfp,7�7 PROFESSIONAL AND/OR COMMUNITY ACTIVITIES• L/$2r1 2 fq.m 1 1 C�/ F F6'/� Tocir /J/r /1§12/5 !;I/ P1-7`iJt- ADDITIONAL PERTINENT INFORMATION/REFERENCES: 4)..4? y,./(9 )✓I.‘ Amilk • NOTE: As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside :within the corporate limits of the City of Apache Junction and that I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. 4/ / ) Revised 6/19/S1 Signature of Appiicac 1C01 NCZTH ICAn0 xOAD • APACHE JUNCT'nk4 p�17n.jp Tr'ram„. ,.... ....... r?5 ,C,yc ✓ -1-(Piz o o• -'2..t a C 7_2(iclie &2u :!,;,"io2z TALENT BANK APPLICATION FOR Planning & Zoning Bn2m/CQmp1I SS I ON/Cf7r91ii- _ DATE: Sept 27 , 1985 MILE: Dennis J. Hultman TELEPHONE: 982-3246 (home) 982-8077 (offic ADDRESS: 331 S Grand Dr/ PO Box 992 ZIP CODE: • 85220 OCCUPATION. Co-Publisher of the Apache Signal (if retired, please indicate former occupation or profession) EDUCATION: High School Grad, 2 years College PROFESSIONAL AND/OR CO L":UNITY ACTIVITIES: Member of the AJ Public Events Series Commitee & Superstition Mt . Historical Society Apache Signal is a member of the AJ Chamber of Commerce ADDITIONAL PERTINENT INFOR.LaTION/REFERENCES: My ideas on P&Z take into consid- p eration Apache Jct ' s unique geographical location , and I feel , can make the difference between a model city and a hodge-podge of development . NOTE. As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside within the corporate limits of the City of Apache Junction and that I cannon be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. Revised 6/ 19/SI Si 1. ure or Applicant 1C01 NC2TH IDAiO ROAD • APACHE JJ`JCT'C 4 aZnr,JA acinn . Tri con... a ..- 10,0 ROLL CALL VOTE SHEEP _ NOTES (1( 1 A( 0 ITEM # MEETING OF 1° MOTION BY: SECONDED BY: YE NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ V MAYOR HILL UNANI"^,OUS , IN FAVOR OPPOSED ABSTAINED TOTAL1 4110"7= 6=77- ITEM NO. 17 I MOVE THAT THE RESIGNATION OF MR. JOHN BETZNER FROM THE PLANNING AND ZONING COMMISSION BE ACCEPTED WITH REGRET; \\*) k51 AND THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION, SAID TERM TO EXPIRE JUNE 30, 1988. ROLL CALL VOTE SHEET NOTES ITEM #4- _ MEETING D I d MOTION BY: SECONDED B YES NO ABSTAINED J COUNCILMAN JIMENE7 COUNCILWOMAN TAYI OR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL , COUNCILMAN EIDSON COUNCILWOMAN GARDNER MAYOR HILL I i UNANI.1 US IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 18 .mm I OV AT EXECUTI E SS N B:\ ELD CT0 R 1 198 , Al 6:0 .Mr, IN T C H E PL /. St I E D 0 0 ER , 185, AT 7:00 . , TH I CO CIL CHAMB S; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD ON OCTOBER 15, 1985, AT 6:00 P.M. , IN THE CITY COUNCIL CHAMBERS. jf:. i /1 51 -y+ -, \""7 -i,-r?-' s \ ;`%>' •-/)il y o acne &2unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 25, 1985 MEMORANDUM 10 THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: 74 MICHAEL J. McNULTY, CITY MANAGER FROM: ��,/"CHARLES R. NEWCOMER, DIRECTOR OF PLANNING C' SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached please find copies of the Planning and Zoning Commission Minutes from their regular meeting of September 10, 1985. Please have the original Minutes placed in the "Minutes Book" in the City Clerk' s Office. CRN:jl 1001 NORTH IDAHO ROAD ;PACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 982 8002 RECORD OF ATTENDANCE MEETING ATTENDED: S \ � r c c, ^, MEETING DATE: Please fill in your name and address so that they may be entered into the official record of this meeting. Thank you. NAME (Please Print) ADDRESS .f (MCIh-elIe, R!,�agds �S/ 1- dP, 19T 6 , kL7-) v- /1,\") 2/ 3 /V- .c7 v A, AP a ,p /Fet,/ 65- Lc% 76 7-4 // f / � ,� � yr� 7;E;e, 4 , A? ,.1 a-1 / f d. -yi 9 73 H4 . a)/1/ v-(*(7Z C; 4.1Z. ,trio / .��'de 7` e I :L ift-/(. 20 G C �J �� � r-!_' e- d N boa C /9. arisrmr PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA SEPTEMBER 10, 1985 7 00 P.M Present Absent Guests /mk Mr Jorgensen Mr Betzner List in Planning Office Mr. Hoaglin Mr. Heermans Mr. Taylor Mrs Conway Mr Vehon, Chairman Mr. Newcomer, Executive Secretary Mr. Class-Erickson, Staff Mrs LeCount, Recording Secretary Synopsis Agenda dated Sept 10, 1985 and Minutes dated August 13 and 15, 1985 approved as submitted. PZ-19-85 - recommended for approval SUP-2-85 - Continued to September 24, 1985 PZ-41-85 - Continued to September 24, 1985 PZ-43-85 - recommended for approval . PZ-44-85 - recommended for approval PZ-45-85 - recommended for approval PZ-46-85 - recommended for approval PZ-47-85 - recommended for approval. PZ-49-84 - recommended for approval . PZ-50-85 - recommended for approval PZ-51-85 - recommended for approval 1. Roll Call Five members present with two absent as noted above. 2. Taylor/Jorgensen M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Agenda dated September 10, 1985, be approved as submitted." oismk The motion passed unanimously 3. Conway/Hoaglin M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Minutes dated August 13, 1985 be approved as submitted." The motion passed unanimously. 4 Conway/Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Minutes dated August 15, 1985 be approved as submitted." The motion passed unanimously. 5. Chairman opened the public hearing on PZ-19-85 He asked for staff briefing. 6 Mr Newcomer explained that PZ-19-85 was a comprehensive amendment to the Residential Zoning Districts. irm.rmsr Page Two - Planning and Zoning Commission Minutes - September 10, 1985 He viewed charts for the Commission that summarized the provisions of the districts. He explained the changes incorporated as a result of the August 15, 1985 Work session. 7 Chairman asked if there was anyone present that would like to address the Commission on the new residential districts. 8 Keith Stachar spoke of his concerns with the height limitations on different zoning classifications. 9 A E. Sullivan was not in favor of the height limitations 10 James Corney suggested enlarging the size of the lots 11. Chairman asked for staff recommendation. 12 Mr Newcomer spoke of his preference for two story buildings for all residential districts 13. Mr. Jorgensen stated that if they go with the changes that are recommended, it will be going against what the citizens of Apache Junction desire, which is not to have their view obstructed. 14. Commission discussed the new residential districts 15 Conway/Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that PZ-19-85 an amendment to the Apache Junction, Arizona, Zoning Ordinance by amending Sections 5.0101 - (Definitions); and amending Sections 6 0116, deleting Sctions 6 0117, 6.0118 ( and 15 0805, amending 15 0500, 15 0600, 16 -801 tl and 15.0803, and adding Sections 15.1.0100, 15.1 0300 and 15 1.0400 to the residential zones be approved as written The motion passed unanimously 16. Chairman opened the public hearing on SUP-2-85 and PZ-41-85. 17. Mr. Newcomer briefed the Commission on the cases and explained that the two cases are for the same piece of property. The applicant is requesting a special i permit to allow a manufactured home on the lot and the only way that is possible is by rezoning to C-3. 18 Chairman asked the applicant to speak. 19. Charles Cox introduced himself as the representative for the applicant and explained to the Commission why Mr Wirth was requesting a special use permit 20. Chairman There being no one who wished to speak in favor or in opposition, he asked for Planning Department comments and recommendations. 21 Mr Newcomer explained that the Development Coordinating Committee had reviewed this case and noted that there were some problems with the placement of the unit on the lot concerning the setbacks He said that with some rearrangement of the initial site plan, those type of problems can be worked out tro=11, Ask Page Three - Planning and Zoning Commission Minutes - September 10, 1985 He said there is an existing dwelling unit to the rear of the beauty shop already in the complex Another objection by staff is that it may set a precedence in terms of setting a mobile home on that part of Ironwood. He asked that certain stipulations be a condition if the case were to be approved 22 Chairman closed the public hearing. 23. Taylor/Jorgensen M/S "I move that conditional use application /rN and the zoning application SUP-2-85 and PZ-41-85 be continued until our next regular meeting in during which time the applicant will submit information as to how many caretaker's units he will have on his property." The motion passed unanimously. 24. Chairman opened the public hearing on PZ-43-85, a rezoning from GR General Rural to TH Trailer Homesite Zone in Section 18, and asked for staff briefing. 25. Mr. Class-Erickson briefed the Commission on the case. 26. Chairman asked if the applicant wished to speak 27 Loretta Carter explained that she would like to put more than one mobile home on the property 28 Chairman there being no opposition, asked for staff recommendation 29. Mr. Class-Erickson explained that staff notes that the rezoning would be consistent with the Medium/High Density Opportunity General Plan designation for the site. If approved, staff does recommend stipulations. 30. Taylor/Jorgensen M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-43-85, application of Loretta Carter for her property described as a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone that the Commission recommends to the Apache Junction City Council the approval of said application Any stipulations or recommendations are 1. The applicant dedicate the south forty feet (40') of the subject property for public roadway and associated purposes 2. This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City 3 That this rezoning be governed by the ordinance districts in affect at the time of the approval of the rezoning The reasons for this recommendation are. 1 This is the highest and best use of the property at the present time " The motion passed 4-0-1 with Mrs Conway voting OP•Pnr Page Four - Planning and Zoning Commission Minutes - September 10, 1985 31. Chairman opened the public hearing on PZ-44-85, a rezoning request by Keith and Martha Burkinshaw from GR General Rural to TH Trailer Homesite Zone in Section 18. He asked for staff briefing 32 Mr. Class-Erickson briefed the Commission on the case. 33. Chairman asked if the applicant wished to speak 34. Mr. Brinkman explained he was representing the applicant 35 Mr Jorgensen asked if he and the applicant had any plans for the Joint property. 36. Mr Brinkman answered "no" 37. Chairman there being no one to speak in opposition asked for staff briefing 38. Mr. Class-Erickson explained that staff notes that the rezoning would be consistent with the Medium/High Density Opportunity General Plan designation for the site. If approved, staff does recommend stipulations 39. Jorgensen/Hoaglin M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-44-85, application of Keith and Martha Burkinshaw for their property described as, a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are 1. The applicants dedicate the north and east thirty-three feet (33') of the subject property for public roadway and associated purposes along with a twenty foot (20') by twenty foot (20') cut-off at the intersection of West Smoketree Street and North Warner Dr) , 7 This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City The reasons for this recommendation are: 1 This rezoning is consistent with the Medium/High Density Opportunity General Plan designation 2 It is compatible with the surrounding land uses The motion passed unanimously. 40 Chairman opened the public hearing on PZ-45-85, a rezoning request by James Brinkman from GR General Rural to TH Trailer Homesite Zone in Section 18. He asked for staff briefing OPP"Mir Aso Ask Page Five - Planning and Zoning Commission Minutes - September 10, 1985 41 Mr. Class-Erickson briefed the Commission on the case 42. Chairman asked if the applicant wished to speak 43 Mr Brinkman explained that he was dividing an 11 acre and wished to place a mobile home on a piece of property south of that 44 Mr Hoaglin asked how he planned to handle the wash that is on the property. 45. Mr Brinkman said the wash starts in the middle of the 11 acre He said the two culverts that come in from the southwest corner seem to handle it 46. Chairman there being no one to speak in opposition asked for staff comments and recommendations. 47. Mr. Class-Erickson stated that the rezoning would be consistent with the Medium/High Residential Opportunity General -Plan designation for the site. If approved, he does recommend stipulations 48. Hoaglin/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-45-85, an application of Jim Brinkman for his property described as, a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite 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 south thirty- three feet (33') and the west fifty feet (50') of the subject property for public roadway and associated purposes along with a twenty foot (20') by twenty foot (20') cut-off at the intersection of North Meridian Drive and West Shiprock Street. Amok 2 This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. The reasons for this recommendation are• 1. It is in compliance with the Medium/ High Density for the area 2 It is the best use of the land 3. It is compatible with the surrounding area." The motion passed unanimously 49 Chairman opened the public hearing on PZ-46-85, a rezoning request by James Brinkman from GR General Rural to TH Trailer Homesite Zone in Section 18. He asked for staff briefing 50. Mr. Class-Erickson briefed the Commission on the case Page Six - Planning and Zoning Commission Minutes - September 10, 1985 51. Chairman asked if the applicant wished to speak. 52 Mr Brinkman explained that he wants to split the property and place a mobile home on the west side of the property 53. Chairman there being no one to speak in opposition asked for Planning Department comments and recommendations. 54. Mr. Class-Erickson explained that the rezoning would be consistent with the Medium/High Residential Opportunity/walk General Plan designation for the site. He recommended stipulations if approved 55. Taylor/Hoaglin M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-46-85, application of Jim Brinkman for his property described as, a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are 1. The applicant dedicate the west and north thirty-three feet (33') of the subject property for associated purposes along with a twenty foot (20') by twenty foot (20') cut-off at the intersection of North Cedar Drive and West Smoketree Street I 2 This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. The reasons for this recommendation are. 1 It appears to be the best use of the land. 2. Conforms to the General Plan of the Ci otk of Apache Junction " The motion passed unanimously. 56. Chairman opened the public hearing on PZ-47-85 a rezoning request by Brian Scott Upton from GR General Rural to TH Trailer Homesite Zone He asked for staff briefing 57. Mr Class-Erickson briefed the Commission on the case. 58. Chairman asked if the applicant wished to speak. 59 Brian Upton explained he would like to set up another mobile home on the lot 60. Mr Hoaglin asked if he planned to make any improvements and clean up around the trailer. wc:, Page Seven - Planning and Zoning Commission Minutes - September 10, 1985 61 Mr. Upton said he did plan to make improvements and clean up around the trailer 62. Chairman asked if there was anyone who wished to speak in favor of the case. There was no one. He asked if there was anyone who wished to speak in opposition 63 Mr Corney said he lives east of the property in question and would not be against the lot split He did want it put into the minutes that Mr Upton would not have more than two trailers on the property as he had stated 64. Chairman asked for Planning Department comments and recommendations. 65. Mr Class-Erickson said that the rezoning would be consistent with the Medium/High Residential Opportunity General Plan designation for the site If approved, staff did recommend stipulations. 66 Jorgensen/Hoaglin M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-47-85, application of Bryan Upton for his property described as, a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone that the Commission recommends to the Apache Junction City Council the approval of said application. Any stipulations or recommendations are 1 The applicant dedicate the east thirty- three feet (33') of the subject property for public roadway and associated purposes 2. This parcel not be developed into a mobile home or recreational vehicle park unless otherwise permitted by the City. The reasons for this recommendation are 1 Rezoning is consistent with the Medium/High Residential Opportunity General Plan designation for the site. 2 It is compatible with surrounding property uses." The motion passed 4-0-1 with Mrs Conway voting no. 67 Chairman opened the public hearing on PZ-49-85, Age Specific Overlay Zoning District. f He asked for staff briefing 68 Mr Newcomer briefed the Commission on the case and explained that this was a Commission-initiated amendment to the zoning ordinance to add a age specific overlay zoning district to our regulations It could be used with any of our residential districts. switnur /N /'1 Page Eight - Planning and Zoning Commission Minutes - September 10, 1985 He explained the area requirements and the age requirement of the occupants. 69. Chairman asked if there was anyone who wished to speak concerning PZ-49-85. 70. Mr. Simcik explained that he and his neighbors take pride in their area. They would like to be able to control the rules and regulations through a City Ordinance 71. Mr Taylor stated that he does not see where the City oellmiN Apache Junction should have to be put in the position of having to enforce private restrictions and covenants. He said it would be an added burden to the tax payers 72. Chairman closed the public hearing and called for a motion. 73. Conway/Jorgensen M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that PZ-48-85 be recommended to the Apache Junction City Council for approval Any stipulations or recommendations are 1 Would suggest the age limit be lowered from 50 to 45. The reasons for this recommendation are: 2. It would be a good plan for the City of Apache Junction." The motion passed 3-0-2 with Mr Taylor and Mr Hoaglin voting no 74. Chairman opened the public hearing on PZ-50-85 a rezoning request by Joseph Sendelbach to rezone from GR General Rural to C-4 Commercial District. He asked for staff to brief the case 75. Mr. Class-Erickson briefed the Commission on the case. He viewed a video tape of the parcel for the Commission 76. Chairman asked if the applicant wished to speak 77 Bob Jones stated that he was representating Mr. Sendelbach and that he owns property to the east and plans to purchase the property in question He said the plans for the property is to build a construction sales and service business The zoning is needed to be compatible with the three acres to the east and the other uses in the area Because there is a residential use on two sides of the property, they will be required to construct a six foot (6') masonry wall around the perimeter. 78 Commission asked various questions and Mr Jones answered them 79. Mr Sullivan said there is no type of zoning in Apache Junction that will allow someone to build a two-story 10,000 sq ft storage building for materials. He said Apache Junction needs C!-1 zoning. Page Nine - Planning and Zoning Commission Minutes - September 10, 1985 80 Chairman asked for Planning Department comments and recommendations 81 Mr Newcomer stated that staff recommends the application be amended to C,3 General Commercial classification or C-4 with the stipulation that development be tied to a site plan to be approved by the Planning and Zoning Commission and the City Council If approved, staff does recommend stipulations. 82. Taylor/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-50-85, application of Josephe E Sendelbach for his property described as, a matter of public record, requesting rezoning from GR General Rural to C-4 Heavy Commercial District 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 east thirty- three feet (33') of the subject property for public roadway and associated purposes 2 Submit a site plan prior to City Council approval The purpose of this site plan is to insure for any road access or any other problems that might be encountered The reasons for this recommendation are• 1 This appears to be a development very much in the interest of the citizens of Apache Junction." The motion passed unanimously 83. Chairman opened the public hearing on PZ-51-85 a rezoning request by ICAM Properties, Clara M Carney, Randall D Skidmore and John Rottweiler to rezone from GR General Rural to C-3. He asked for staff briefing on the case. 84. Mr Class-Erickson briefed the Commission on the case. He explained it is designated General Commercial Opportunity on the General Plan Surrounding land uses include vacant land on the west, vacant land and retail business on the north, the receiving area behind a shopping plaza on the east and to the south the back portion of a church and a vacant dirt lot 85 Mr Newcomer explained that a companion case had been filed with the Board of Adjustment to allow 0' lot line construction for buildings. The Board of Adjustment has postponed the case until after the Planning and Zoning Commission heard the case. A video tape of the property was showed Ws oormN Page Ten - Planning and Zoning Commission Minutes - September 10, 1985 86 Chairman asked if the applicant wished to speak. 87. Randall Skidmore explained to the Commission that the facility that he plans to put on the property is a very good concept for the property. The 0' lot line is needed for the mini-storage He said he contacted the Baptist Church and one of their concerns was the twelve foot (12') wall that was going to be built. The reason for the twelve foot (12') wall was so they could drain all of the storm water rl inside. He said they have found alternative ways to lower the wall to ten feet (10'). 88. Chairman there being no one to speak in favor or in opposition asked for Planning Department comments and recommendations 89. Mr Newcomer said that the Planning Department's recommendation would be for the Planning and Zoning Commission to consider this as a C-3 by Planned Development application. He said with the proper treatment of the entrance way and getting the wall height down to ten feet (10') on the perimeters the rezoning request would be a visual asset 90 Jorgensen/Hoaglin M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-51-85, application of ICAM Properties, Clara M Carney, Randall Skidmore and John Rottweiler for their property described as, a matter of public record, requesting rezoning from GR General Rural to C-3 General Commercial District by Planned Development that the Commission recommends to the Apache Junction City Council the approval of said application Any stipulations or recommendations are 1 The conceptual plans submitted on this date to the Planning and Zoning Commission be forwarded to the City Council along with the recommendation The reasons for this recommendation are 1 The rezoning would be consistent with the General Commercial General Plan designation for the site. 2. The requwst would be appropriate with the surrounding land use 3. The proposed project could be a visual asset, with the appropriate entrance treatment, to the community commercial core located near the intersection of the major highways 4. Meets the criteria of Section 19 0109 for Planned Development. The motion passed unanimously 91. Chairman opened the public hearing on PC-PZ-179-85, a Pinal County referral for a special use permit for the installation of an underground liquid waste storage facility. He asked for staff to brief the Commission on the case it ,+► Page Eleven - Planning and Zoning Commission Minutes - September 10, 1985 92. Mr Newcomer explained that this was a Pinal County referral for a special use permit for the installation of an underground liquid waste storage facility. The applicant is Roger Grimh of Sun Unlimited Manufacturing. He said the applicant has amended his proposal to Pinal County 93 Chairman asked if the applicant wished to speak 94. Keith Stachar said he was representing the applicant and after consultation with some other agencies and staff in the County, there were some concerns of groundwater contamination. Mr. Grimh is only asking now for a special use permit to install three or four buried 10,000 gallon tanks for temporary storage of liquid waste He said the original application is the same except the leach line has been deleted. 95. Commission asked Mr Stachar several questions. 96. Mr. Stachar answered all of the Commission's questions. 97 Chairman there being no one to speak in favor or against, asked for staff comments and recommendations 98. Mr. Newcomer said that the permitting process should be with the approval of the County and State Health Department. He said they would recommend that all off-site improvements on Tomahawk and Baseline and necessary drainage facilities be provided by the applicant prior to issuance of the special use permit by the County and also to work out some type of screening arrangement for that area where the trucks will be going back in and dumping effluent into the holding pond (4) 99. Hoaglin/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in Pinal County case PC-PZ-179-85 the Commission recommends approval of said application Any stipulations or recommendations are: 1 No leach lines will be attached to the tanks 2. There will be a temporary screening put around the area in order to screen the view of the operation from the surrounding residents 3 That there be adequate driveways and no dust emitted in the area. 4 No other uses be permitted on this property without the plans being approved by the Apache Junction Planning and Zoning Department." The motion passed unanimously r--s Page Twelve_ Planning and Zoning Commission Minutes - September 10, 1985 100 Chairman said under new business there would be a discussion and setting of public hearing date for Commission-initiative for PZ-42-85 (Equine Regulations) - Amendment of Article 6 of the Apache Junction, Arizona, Zoning Ordinance 101. Mr. Newcomer explained to the Commission that they had drafted and gone over with the Horsemen's Association some zoning district regulations concerning keeping of horses in the City and is asking the Commission to set a hearin, date of September 24, 1985 (Equine Regulations) - Amendment of Article 6 of the Apache Junction, Arizon Zoning Ordinance He directed staff to placd a request for a Commission-initiative for PZ-42-85 (Equine Regulations) - Amendment of Article 6 of the Apache Junction, Arizona, Zoning Ordinance be put on the September 24, 1985 agenda. 102 Chairman said under new business there will be a discussion of and setting of public hearing for Council-initiated amendment to Section 19.0106 (3) of Zoning Ordinance. 103. Mr. Newcomer Directed the Commission to set a public hearing date of October 8, 1985 for Council-initiated amendment to Section 19.0106 (3) of the Zoning Ordinance. 103. Hoaglin/Conway M/S to adjourn The meeting adjourned at 10.30 p.m. Respectfully submitted Charles R Newcomer, Executive Secretary � 1 )b l/- Tony Vehon, Chairman Planning and Zoning Commission (6)ACHE Ln ✓G' ' 15 \\............ .,r '`' `nt, at 4acIze 2unction gRiZONP DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 11, 1985 MEMORANDUM T4;_, THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: "/" MICHAEL J. McNULTY, CITY MANAGER FROM: CHARLES R. NEWCOMER, DIRECTOR OF PLANNING SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached please find a copy of the Minutes of the Planning and Zoning Commission meeting of August 13, 1985 and a copy of the Synopsis of the Work Session held on August 15, 1985. Please have the originals place in the "Minutes Book" in the City Clerk's Office. CRN:31 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA 85220 TELEPHONE(602) 9828002 — ,p �"—* PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA AUGUST 13, 1985 7 00 P.M. WORK SESSION ON AGENDA ITEMS AT 6 30 P M P1 MINUTES Present Absent Guests Mrs Conway Mr. Betzner List in Planning OfficE Mr. Heermans Mr. Hoaglin Mr. Taylor Mr. Jorgensen Mr Vehon, Chairman Mr. Newcomer, Executive Secretary Mr. Nakagawa, Staff Mr Class-Erickson, Staff Mrs LeCount, Recording Secretary Synopsis Agenda dated August 13, 1985 and Minutes dated July 23 and July 30 - Approved as submitted. PZ-19-85 - continued until Planning and Zoning Commission meeting of August 27, 1985 PZ-39-85 - recommended for approval. PZ-40-85 - continued until Planning and Zoning Commission meeting of September 24, 1985. PC-PZ-19-85 - recommended for approval PC-SUP-179-85 - continued until Planning and Zoning Commission meeting of August 27, 1985. Discussion on Commission-initiated Zoning Ordinance amendment for age- specific district - set date of September 10, 1985 for public hearing Work session Thursday, August 15, 1985 - review and discuss Proposed Ordinance No 400 - Land Split Ordinance 1 Roll Call six members present with one absent as noted above. 2 Jorgensen/Conway M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, that the Agenda dated August 13, 1985, and the Minutes dated July 23, and July 30, 1985, be approved as submitted " The motion passed 5-0-1 with Mr. Taylor voting "present". 3. Chairman opened the public hearing on PZ-19-85, residential zoning districts and amendments and additions. 4. Mr Newcomer briefed the Commission on the case 5 Commission discussed the amendments 6. Chairman asked if anyone wished to speak on PZ-19-85 7 Mr Stachar felt that Apache Junction was in need of this ordinance and it was a good step forward for Apache Junction ORS Page Two - Planning and Zoning Commission Minutes - August 13, 1985 8 Mr Granillo stated he would like to see a lower density as far as mobile homes were concerned He suggested a minimum of 5/8 of an acre with anything less going into subdivisions 9. Charolotte Callahan said she would like to see larger than 10,000 sq. ft. 10 Mr. Newcomer spoke on some issues concerning the amendments. 11 Taylor/Hoaglin M/S to continue the public hearing until after the work session of Thursday, August 15, 1985 at 6.30 p.m.; August 27th at 7 00 p m The motion passed unanimously. 12 Chairman opened the public hearing on PZ-39-85, a rezoning from GR General Rural to C-3 General Commercial and asked for staff briefing. 13. Mr. Newcomer briefed the Commission on the case. 14 Chairman asked if the applicant wished to speak 15. Keith Stachar said he was representing the property owners and the request for C-3 is being requested to be able to develop the property under the C-3 classification 16 Commission asked various questions of Mr. Stachar 17. Mrs. Conway asked about the leach fields in some parts where the density was low 18 Mr Stachar said that the perculation in that area was still very good He said the Health Department would have to approve anything that was done there. 19. Chairman asked if there was anyone who wished to speak in favor of this case. There was no ^ one. He asked if there was anyone who wished to speak in opposition 20 Carol Adams explained that she has property to the north and expects to move a mobile hme on her property and live there She said she was told that an air conditioning store was going to be put on the land in question, and changing the zoning was not necessary She was concerned with toxic waste that is being dumpted on the property thus giving her property a terrible odor 21 Chairman asked for staff recommendation. 22 Mr Newcomer explained the pros and cons to granting the requested rezoning 23 Mr Grim said he was the owner of Sun Unlimited and anything that was dumped on the property was just pure water He said he had received a call from Dorothy McWilliams of the Pinal County Health Department concerning a complaint she received After investigation, she reported to Mr. Grim that no raw sewage had been found on the property .....oaf Page Three - Planning and Zoning Commission Minutes - August 13, 1985 24. Commission discussed the case with Mr Stachar and Mr Grim 25 Taylor/Heermans M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-39-85, application of Cindi Sue Busboom and Marguerite Edwards through Keith Stachar for their property described as a matter of public record, requesting rezoning from GR General Rura)00" , to C-3 General Commercial District, that Commission recommends to the Apache Junction City Council approval of said application on the basis of the C-2 General Commercial District Any stipulations or recommendations are: 1 The applicants dedicate the west fifty feet (50'), and the north and south thirty-three feet (33') of Parcel No 1, the north, east, and south thirty- ' three feet (33') of Parcel No. 2 for public roadway and associated purposes, along with twenty foot (20') by twenty foot (20') cut-offs at intersections. The reasons for this recommendation are 1 Although this area is a low density area abutting Highway 60, it is zoned commercial 600 Or 700 feet beyond the applicant's footage from the Commercial Opportunity Zone 2. This area should be considered for a change in the General Plan. 3 C-2 is more compatible for this particular area, and is the best use of the property at the present time" The motion did not carry (3-0-3) 26 Taylor/Jorgensen M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Ju. ..,,ion, Arizona, that rezoning case PZ-39-85, application of Cindi Sue Bushboom and Marguerite Edwards through Keith Stachar for their property described as, a matter of public record, requesting rezoning from GR General Rural to C-3 General Commerical District that the Commission recommends to the Apache Junction City Council the approval of said application Any stipulations or recommendations are 1 The applicants dedicate the west fifty feet (50'), and the north and south thirty-three feet (33') of Parcel No ? 1, the north, east, and south thirty three feet (33') of Parcel No 2 for public roadway and associated purposes, along with twenty foot (20') by twenty foot (20') cut-offs at intersections Auk Page Four - Planning and Zoning Commission Minutes - August 13, 1985 The reasons for this recommendation are: 1. Although this area is a low density area abutting Highway 60, it is zoned 600 or 700 feet beyond the applicant's footage from the Commercial Opportunity Zone. 2 This area should be considered for a change in the General Plan. 3 C-2 is more compatible for this particular area and is the best use of the property at the present time". The motion passed (4-2-0) with Mrs. Conway and Mr. Hoaglin dissenting. 27. Chairman opened the public hearing on PZ-40-85 He asked for staff briefing 28. Mr. Class-Erickson explained that an application has been filed by Wilmer and Gertrude Hohn to rezone their property from GR General Rural to TH Trailer Homesite Zone. 29. Chairman asked if the applicant wished to speak 30 Mr Hohn explained that he would like to create two or three lots so as to put some relations on the property 31 Mr Hoaglin asked if he sold some of the lots what access was he going to provide to get to them 32 Mr Hahn answered with whatever easement is required 33. Chairman asked if anyone present would like to speak in favor of the application There was no one He then asked if there was anyone who wished to speak in opposition. 34 Charlotte Callahan said she was representing her father who "milk lives west of the parcel in question. She is upset by the fact that the property owner is not sure what he is going to do with the property, and how many people are going to be living there She said people in the area do not take care of the property and once it is allowed to put smaller lots in there, they are going to run into the same problem. She would like to see a decision on this case be put aside until a decision on lot sizes has been made. 35. Chairman asked for staff recommendation 36 Mr Class-Erickson stated that the rezoning would be consistent with the Medium/High Density Residential Opportunity General Plan Designation for the site He recommended a roadway stipulation to the rezoning and that the property not be developed into a mobile home or R V Park. oft, �""� Page Five - Planning and Zoning Commission Minutes - August 13, 1985 37. Chairman closed the public hearing. 38 Heermans/Taylor M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning case PZ-40-85, application of Wilmer and Gertrude Hohn for their property described as, a matter of public record, requesting rezoning from GR General Rural to TH Trailer Homesite Zone, be continued to September 24, 1985 at 7 00 p.m., in these chambers". The motion passed 5-0-1 with Mr Vehon dissenting. 39 Chairman opened the public hearing on PC-PZ-9-85, a Pinal County referral for rezoning from GR General Rural to CB-2/PAD General Commercial by Planned Area Development for a 5 acre parcel located on the northwest side of Highway 88 near the Mammoth Lode and Bluebird Gold Mines and the Lost Dutchman Park. He asked for staff briefing. 40. Mr. Nakagawa briefed the Commission on the case and explained that the applicant would like to restore some old mining camp buildings and reuse them for a museum and a restaurant. 41. Chairman asked if the applicant wished to speak 42 Robert Schoose said that they had completed everything that was asked of him and has a set of plans of the Highway access that has been approved by the Highway Department with him if the Commission wished to revvew them He said the BLM is reviewing his application and they see no problem with it. He said he should have the permit from the State Highway this week so as he can start construction. 43. Chairman there being no one to speak in favor or in' opposition, asked for Planning Department comments and recommendations. 44 Mr. Nakagawa said that they recommended approval with the stipulation that the staff review the development plans and the highway access plans. 45. Chairman closed the public hearing. 46 Jorgensen/Hoaglin M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in Pinal County case PC-PZ-19-85, the Commission recommends the approval of said application Any stipulations or recommendations are: 1. Staff review the development plans 2. Staff review Highway access plans. p ^ r3 Page Six - Planning and Zoning Commission Minutes - August 13, 1985 The reasons for this recommendation are 1. It is the best use of the land." The motion passed unanimously 47. Chairman opened the public hearing on PC-SUP-179-85 a Pinal County referral. He asked for staff briefing. 48. Mr. Nakagawa explained that this is a referral from Pinal County regarding a Special Use Permit. The applicant, Roger Grimh of Sun Unlimited Manufacturing, proposes the installation of an underground liquid-waste storage facility. The site is a 5 acre parcel on the northwest corner of Baseline Avenue and Tomahawk Road, and it is developed with a 2,400 square foot metal building One of our concerns he said, was that of groundwater contamination, presumably would be addressed by the County Health Department. Another important concern is the appearance of the building. He said they would like to have time to study the plan 49 Chairman asked if the applicant wished to speak 50. Mr Stachar explained that he is representing the property owner. He said the owner has spoken to several people in the County Planning Department and it was advised through the County attorney that because of the use the applicant wants, wasn't specifically stated in any of the zoning classifications, a special use permit should be applied for. 51. Mr. Grimh introduced himself as the owner of the property and said they have been having problems trying to dispose of their sewage. He is trying to locate an area where a sewage lagoon system could be built. He proposes to put in a leach field and tanks that will be baffeled so that the first tank will catch 90% of the solid waste. He said the area where the trucks will be kept will all be fenced in He also plans to build an office building 52. Commission discussed several items in question with Mr. Grimh. 53 Mr Schoeph stated that he would concur with the Planning Department's comments and recommendations. He addressed several issues pertaining to the proposed project 54. Chairman asked for staff comments and recommendations • Page Seven - Planning and Zoning Coninission Minutes - August 13, 1985 55. Mr. Nakagawa said having a 90° angle parking straight off of a public street is something that the staff does not recommend. Would like the parking to be contained within an enclosed area and that the access be off designated areas. He spoke of three stipulations that had to do with berms, decorative wall and landscaping. He said the Planning Department would like ( to have more time to study the applicaitoi 56 Taylor/Conway M/S to continue the hearing until the Planning and Zoning meeting of August 27, 1985, at 7.00 p.m., during which time the applicant discuss with the Planning Department the stipulations that are to be included in the recommendation to the County. The motion passed (5-0-1) with Mr Jorgensen dissenting 57. Chairman asked for staff briefing on the next item of business concerning discussion and possible motion on a Commission-initiated zoning ordinance amendment for an age-specific district and setting of date for public hearing 58. Mr. Newcomer explained that the staff has been working on drafting up some regulations which would permit in accordance with the State enabling legislation on this ordinance which would permit an age-specific zoning district. It would limit occupancy within that particular development to at least one person in the household to be of fifty years (50) of age. He said this would just be the legislative provisions in the zoning ordinance at this time and not a specific application for that zone. 59 Chairman closed the public hearing and called for ate\ motion. 60. Taylor/Conway M/S to place this item on the agenda for discussion at the September 10, 1985 meeting The motion passed (5-0-1) with Mr Heermans dissenting 61. Chairman asked if anyone from the Public wished to address the Commission on any issue 62. Dorothy Anderson introduced herself and said that she resided in the Haven Hollow Mobile Home Subdivision. She said it was developed in 1962 as an upgraded area and the property owners in there attempt to keep it that way. In the past years there have been many resales. She said there has been problems with violations The restrictions are being ignored by the new property owners. rs Page Eight - Planning and Zoning Commission Minutes - August 13, 1985 She asked that the City of Apache Junction have an ordinance which will protect the restrictions in her subdivision 63. Mr. Newcomer said there will be a work session on Thursday, August 15, 1985, at 6 30 p.m., in the Community Services Room. 64. Mr. Class-Erickson presented a report on the Land Use inventory Amok results 65. Chairman there being no further business, adjourned the meeting at 10:20 p.m. Respectfully submitted, Charles R. Newcomer, Executive Secretary APPROVED: \ r Tony Vehon, Chairman Planning and oning Commission L Amok Am. PLANNING AND ZONING COMMISSION WORK SESSION COMMINITY SERVICES ROOM 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA AUGUST 15, 1985 7 00 P M. Present Absent Guests Ammik Mr. Vehon Mr Jorgensen Richard Hepler Mrs. Conway Mr. Betzner Keith Stachar Mr. Hoaglin Earl Laabs Mr Heermans Shirley Erickson Mr Taylor Ron Kell John Granillo Paul Connolly Councilwoman Mari Gardner Councilman Frank Jimenez Vice Mayor Bakkedahl 1 Roll Call Five members present with two members absent as noted above. 2 Discussion of Land Split Ordinance and proposed residential districts 3. Discussion of postponement of off-sites until they are needed in an entire neighborhood. 4. Discussion of variable standards for off-sites based on density. 5 Statement by John Granillo and presentation to the Commission of a statement signed by a number of persons opposing the Lot Split Ordinance but supporting a minimum lot size of 10,000 sq ft. unless in a subdivision. 6. Discussion of prohibiting rezonings to TH unless for parks 7. Consensus of Commissioners and directions to S, a) Change CR-2 minimum lot size to 11,000 sq. ft. b) Fur proposed districts below 11,000 sq. ft lot size, make minimum lot size 11,000 with a lower minimum of off-sites or installed through subdivision process, improvement district, or installed by developer c) Re-work and simplify Lot Split Ordinance 8. Discussion by Councilman Jimenez on Lot Split Ordinance and residential districts. 9 Discussion by Vice Mayor Bakkedahl on Lot Split Ordinance Planning and Zoning Commission Work session - August 15, 1985 - Page Two Meeting adjourned at 8 30 p m. Respectfully submitted: PIN ( V',41'. , , 41/ - 1 --- Charles R. Newcomer; Executive Secretary APPROVED f — j , 1 Tony Veh , Cha'rman Planning and Zoning Commission 1 e I ITEM NO. 20 I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL VOTE SHEET NOTES n Gv ' TC tb ITEM # MEETING OF MOTION BY : SECONDED BY: Y^S NO ABSTAINED COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR 1/ COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Large map not scanned Map is available in the City Clerk's Office