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HomeMy WebLinkAbout2011 01.04 City Council Regular Agenda PLEASE FILL OUT A"REQKST TO SPEAK"FORM IF YOU WISH TO ADD9EN6S THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN EM "Cu '{ Oy of Apache junction Home of the Superstition AFiountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA January 4, 2011 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. C. ROLL CALL. D. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of December 7,2010. 3. Consideration of award of bid to Cactus Transport,Inc.in the amount of$2.27 per gallon of CRS-2P applied used for street maintenance chip seal operations. Two bids were received in response to the solicitation Request city council approval and award of this bid to Cactus Transport, Inc 4 Consideration of settlement agreement in Croswell v.City of Apache Junction,Pinal County Superior Court No. CV200900441. On December 1,2010,a settlement conference was held in the above-noted case and a settlement amount of$450,000 was reached The city's portion of this settlement is$1,000,which represents the city's deductible per its insurance policy with Arizona Municipal Risk Retention Pool Based on the facts of this case,discovery so far received,and applicable law, it is recommended that council authorize settlement of this matter for the above-noted amount in exchange for a full release of all claims and other potential legal action against the city E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time None F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager,members of City staff orrse individuals designated by the Manager may gent information pertinent to items under consideration or information related to the i ation of the City There shall however be no dist. ion at this time except for clarification inquiries 5 MANAGER'S REPORT. H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council 6. PROPOSED ORDINANCE NO. 1369,TO AMEND THE ZONING ORDINANCE,ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 1-6-33 EQUINE REGULATIONS,BY REQUIRING THAT REQUESTS FOR NEW HORSE BOARDING BUSINESSES BE SUBJECT TO A CONDITIONAL USE PERMIT (CUP)PROCESS. This is a Planning and Zoning Commission initiated request to require a Conditional Use Permit(CUP)process for all new propose.. commercial horse boarding businesses in the city The commission believes that a CUP process would provide for better neighborhood notification and public input relative to this type of land use request 7 PROPOSED RESOLUTION NO. 10-39,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED"AMENDMENTS TO APACHE JUNCTION CITY CODE,VOLUME II,CHAPTER 1,ZONING ORDINANCE,ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED;AND ORDINANCE NO. 1362,A TEXT AMENDMENT TO THE CITY'S HOME-BASED OCCUPATION DEFINITION(AM-2-08). To avoid excessive publication costs,State law allows municipalities to enact provisions of a code or public record by reference. The lengthy Zoning Code provisions must first be declared a public record by resolution and must then be passed by adopting ordinance. Resolution No 10-39 declares this document as a public record and Ordinance No 1362 adopts the city-initiated text amendment to Article 5(Definitions)and Article 6(General Provisions)of the city's definition of home-based occupations At their meeting of September 28,2010 the Planning and Zoning Commission voted 6-1 to recommend to the city council approval the home-based occupation text amendment 8 PUBLIC HEARING ON THE USE OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS. The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for the Fiscal Year 2011 Community Development Block Grant and State Special Project programs A public hearing is required by the Arizona Department of Housing to provide the public an opportunity to present potential projects to the city council for consideration At the conclusion of the public hearing,council will select the project(s)to be submitted for each funding opportunity 9 PROPOSED ORDINANCE NO. 1370,AMENDING APACHE JUNCTION CITY CODE§2-7-4 BY ELIMINATING THE ONE-YEAR TERM RESTRICTION FOR OFFICERS;AND CHANGES TO LIBRARY BOARD BYLAWS RELATING TO BEING AN OFFICER ON THE LIBRARY BOARD FOR CONSECUTIVE YEARS AND OTHER CLERICAL CORRECTIONS. The Apache Junction Library Board of Trustees has recommended changes in the board's bylaws relating to board officer membership terms and other housekeeping measures Ordinance No 1370 also needs to be considered to remove the term limit of officers Other miscellaneous bylaw amendments relate to the requirement of an annual meeting,adjusting the order of business, removal of members for absences at meetings,and adoption of future amendments to the bylaws This matter was previously discussed at the December 6th Work Session I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None NEW BUSINESS. The Council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None K. COUNCIL DIRECTION TO.&TAFF. .. This item allows the Mayor and City.,Juncil to direct staff on specifically listed matters None L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 10. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.SCHEDULED FOR MONDAY, JANUARY 17,2011 IS CANCELLED DUE TO THE CIVIL RIGHTS HOLIDAY. 11. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.FOR TUESDAY,JANUARY 18,2011. OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. """ At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1)respond to criticism by a speaker,2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office. 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5.00 p.m,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office, at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING DECEMBER 7, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 7, 2010, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy ,.� Councilmember Wilson (telephonically) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Economic Dev. Director Steve Filipowicz Others Present: Programs Coordinator Heather Patel City Magistrate James Hazel VISTA Volunteer Sarah Knaack REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 1 OF 15 VISTA Volunteer Amanda Ripstra Senior Planner Rudy Esquivias Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT DALE E. COLLIER AND REBECCA STANDAGE BE APPOINTED AS DEPUTY CITY MAGISTRATES FOR THE TERM OF JANUARY 16, 2011 THROUGH JANUARY 15, 2013; AND THAT THE APPOINTMENTS ARE TO BE EFFECTIVE FOR SAID TERMS AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE; AND THAT LISA PETERS AND MICHELLE O' HAIR-SCHATTENBERG BE REAPPOINTED AS PRO-TEM CITY MAGISTRATES FOR THE TERM OF JANUARY 16, 2011 THROUGH JANUARY 15, 2013; AND THAT THE APPOINTMENTS ARE TO BE EFFECTIVE FOR SAID TERMS AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 10-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTE TO SCHOOLS GRANT; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 10-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2011 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM; AND .-. THAT APPROVAL BE GIVEN FOR THE MAIN STREET CROSS-SECTION DESIGN, TO BE ADDED AS A STANDARD DETAIL IN THE CURRENT ENGINEERING DESIGN GUIDELINES; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN OSAM DOCUMENT SOLUTIONS, INC. , AND THE CITY OF APACHE JUNCTION FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM, INCLUDING SOFTWARE AND HARDWARE THAT WILL HELP STAFF MANAGE THE IMPORT, ARCHIVAL, AND RETENTION OF COURT DOCUMENTS, IN AN AMOUNT NOT TO EXCEED $67, 565 . 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 2 OF 15 TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Councilmember Serdy introduced Representative-elect John Fillmore representing District 23 . Senator-elect Steve Smith, also from District 23, was ill this evening and could not attend. There was discussion between the council and Mr. Fillmore regarding their political philosophies . Mr. Fillmore stated he is fiscally conservative and will be serving on the appropriations committee, education committee, joint budget committee, commerce committee and government regulations committee. He is concerned about the budget in the past and will be against the state-shared revenues being taken from the cities; the need to cut the size of state and federal government; the economic development coming; bringing jobs to the area; being pro-educational but wishing to get rid of about 130 school districts and give the money to the teachers and classrooms; the possibility of the city taking control over Lost Dutchman State Park or have state parks privatized; and diverting stimulus money from weatherization to be used at the state level to entice businesses to the state. Program Coordinator Heather Patel gave a brief presentation on the Volunteers in Service to America (VISTA) program and introduced volunteer Sarah Knaak, the volunteer from November 2009 until November 2010, and the new volunteer, Amanda Ripstra, who will intern from November 2010 to November 2011. CITY MANAGER' S REPORT City Manager George Hoffman commented on the county halting the recycling program, the November 8 Clean Up Week results, the movie "Bag It" being brought to the library, the Holiday Event REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 3 OF 15 and Electric Light Parade downtown last weekend, and read a resolution from the Arizona State Parks Board. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented the Centennial Committee, with the help of Superstition Harley and the LeResches, is putting in a request to get the copper chopper constructed by an artist and donated to the State They would like to have it on loan during the centennial and have people come out for planned events. Anything they get will be shared with the museum and historical society. The Focal Point Tourism Committee, with the help of Steve Filipowicz, got the go ahead from the property owners of the former Grand Hotel to have the Farmers Market/Bazaar. This would be for things that people make themselves . If it is successful, they will try to have it monthly in good weather. They want to have them before the hot weather comes and while the visitors are here. Anyone with ideas or input should contact himself, Vice Mayor Dietz or Councilmember Barker, as they are all on the committee. They will try to have it before Easter. Vice Mayor Dietz commented he attended the D.A. R.E. graduation today with Officer Virtue, the chief and the mayor over at Superstition Mountain Elementary School . There were at least 80 graduates . It was fantastic. The kids and parents were excited. He is proud of the council and police department for continuing on with D.A. R. E. when a lot of the cities in the state have discontinued the program. It is important to reach the kids at this age. Councilmember Wilson commented a lot of citizens came up to him and expressed their excitement over the city' s involvement in what had happened this past weekend. They are looking forward to continuing it in the future, expanding it and getting involved themselves . He recently received information on a rumor from the horse community which is in error. He wanted to let them know that the city is not considering or addressing looking at any restriction on riding our animals to and from our properties or stables . As long as the rider is following the rules of the road, there are no restrictions . If anyone has any questions on this, please contact him. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 4 OF 15 Vice Mayor Dietz commented he thought it was fantastic that the Police Explorers were out on their bicycles Saturday night cruising around and making sure it was a safe event. The things they volunteer on are awesome. Councilmember Eck commented he thinks the D.A.R. E. program is one of the great programs and he is honored that they still have it in their city. They have a lot of impact on things and �► choices to be made down the road. He added he was driving down the Trail the other day and there was a horse and rider going down the median. There is nothing illegal about it. It was at night and caught him off guard. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Ron Knies addressed the council for any questions . There were no questions . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Coleman MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 25-27, 2011, SUBMITTED BY RON KNIES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 5 OF 15 VOTE: Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, INTERIM PERMIT, LIMITED LIABILITY CO. , SERIES 10 LIQUOR LICENSE FOR MAIN MARKET City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Chirag Patel addressed the council. Mrs . Barker commented she had a silly question for him. She asked how he pronounced his first name. Mr. Chirag Patel stated it is Chirag. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, INTERIM PERMIT, LIMITED LIABILITY CO. , SERIES 10 LIQUOR LICENSE FOR MAIN MARKET, SUBMITTED BY CHIRAG B. PATEL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 6 OF 15 RESOLUTION NO. 10-44, SUPPORTING THE APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY AND RESOLUTION NO. 10-45, REIMBURSEMENT OF FUNDS RECEIVED FOR STREET BONDS ) City Manager George Hoffman briefed the council on the item. Vice Mayor Dietz commented they are not going for the bonds at this time, they are only submitting an application to get it in. They do not have to act on it at this time. They will act on it once they see where the city stands financially. They can go through with it or not depending on how they are financially. The importance is getting it in at this time. City Manager George Hoffman stated that is correct . This is a request to get in line. They can step out of line for many months . Vice Mayor Dietz commented there are only so many and we want to be able to get in if necessary. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated $10 million is a huge amount for Apache Junction. He does not think .�► that anything, other than this building, has been that expensive. He would submit it will probably be $20 million when they are talking about getting involved in bonds in Apache Junction. Someone will have to pay those back, and he hopes the State will pick up the tab. He would be careful about getting involved in something with this large a tab. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council . He commented if the city could spend $10 million now on a bond it would be paid back at a much lower rate than they would have to pay in order to maintain the roads and pay a lot more later on. It would be a very wise thing to do. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 7 OF 15 Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Eck commented he felt like they need to look at all options and see what is best for the city. The reality is that the interest rates are incredibly low and they are not bonded out. He thinks they only have one bond. Most cities probably have dozens of bonds . The amount of money that they would pay now will be so much less than if they wait. He thinks it is something they should at least take a look at and see if it makes sense and is feasible. Vice Mayor Dietz commented in maintaining the roads they are looking at $30 per square foot right now. It could go up to $70 to $80 per square foot. Public Works Director David Fern stated it makes good sense to do it now as opposed to later. If they do the incremental maintenance they can save substantial money in the long term. The example given earlier was that if they kept up with the maintenance, they would save $40 million over a 40 year period. They looked closely at the cost of routine and preventive maintenance. The cost is $2 to $10 per square yard now; if they wait too long to take care of that, the road falls into failure and the cost if $40 to $50 a square yard. He is comfortable in pursuing this loan. Vice Mayor Dietz commented he knew there was a huge difference in cost. Councilmember Eck commented it also concerns safety; not only motorists, but pedestrians, too. Public Works Director David Fern stated that is correct. As the roads degrade, they have more accident claims and danger to the traveling public. Councilmember Eck commented the benefits of doing it now would be fantastic. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 8 OF 15 Public Works Director David Fern stated the primary impetus to do it right now is the financial concern of what it will be costing the city in the next 5 to 10 years with larger percentages of the roadway falling into that high repair cost category. Councilmember Barker stated she thinks the public may not have caught that the city manager said they would be waiting to see what the state legislature does as far as city-paid, state-collected revenues . The revenues that would be utilized to pay this would be Housing and Urban Renewal Funds . Those funds can only go for transportation. They are the funds to use for roads in the first place. If the state legislature chooses to sweep those funds, although we have a place in line, we will have to excuse ourselves and say we cannot stand in the line anymore. If they choose to leave the funds in place, then those are the funds we would be using to fund the roads anyway and the funds we would be using to pay these bonds . Public Works Director David Fern stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-44, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, AUTHORIZING AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR FINANCIAL ASSISTANCE PURSUANT TO TITLE 41, CHAPTER 10, ARTICLE 8, ARIZONA REVISED STATUTES AND DECLARING AN EMERGENCY, BE APPROVED; AND THAT RESOLUTION NO. 10-45, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING FOR PURPOSES OF SECTION 1 . 150 . 2 OF THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO STREET AND ROAD IMPROVEMENTS, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 9 OF 15 VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF PROCEED WITH DRAFTING REGULATIONS FOR MEDICAL MARIJUANA USES, INCLUDING DISPENSARIES, OFF-SITE CULTIVATION LOCATIONS AND OTHER RELATED USES Senior Planner Rudy Esquivias briefed the council on the item. (At the end of the briefing he accidentally disconnected Councilmember Wilson. Staff was unable to reinstate the telephone connection. ) Councilmember Eck asked if he had checked with other towns and cities . Senior Planner Rudy Esquivias stated he had. Councilmember Eck asked if �.. the League of Cities and Towns was coming out with anything. Senior Planner Rudy Esquivias stated they are looking at the model ordinance prepared by them. They are also looking at what Tucson, Marana, Oro Valley, Flagstaff, Final County, Maricopa County and Chandler are doing. Councilmember Eck commented they cannot do what is being done in California. Senior Planner Rudy Esquivias stated that is correct . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 10 OF 15 Councilmember Eck stated this is a first for us. Senior Planner Rudy Esquivias stated that is correct . Councilmember Eck commented he thinks it is a good idea for us to look at what others are doing. Senior Planner Rudy Esquivias stated we do need to adopt ordinances otherwise we are subject to the absolute minimums allowed under state law, which is a 500 foot distance from a school and that is it. Councilmember Eck commented it is a sensitive issue; the vote was 50. 1 versus a 49. 9 or something. It barely passed. He knows there was a lot of opposition. He wanted to know that they were handling this the best way possible. Councilmember Serdy commented he has concerns about the 500' from a school . He believes planning and zoning will look into that and see where the schools lie. For those who are watching this on cable or streaming, Rudy read almost all of this last night at the work session. They can go back and watch it there. He did not want them thinking they were not discussing this because they did so last night . Ankk Vice Mayor Dietz commented this is just a direction to staff. It will go through planning and zoning and then come back to us . Councilmember Serdy commented this will be alarming for a lot of people so they are taking it seriously. Councilmember Eck asked what the actual date is for it to take place. Councilmember Barker stated it is sometime in April . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 11 OF 15 Senior Planner Rudy Esquivias stated the Department of Health Services proposes to have their rules in place by April 1. We need to have our ordinances adopted and in effect before April 1. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROCEEDING WITH DRAFTING REGULATIONS FOR MEDICAL MARIJUANA USES, INCLUDING DISPENSARIES, OFF-SITE CULTIVATION LOCATIONS AND OTHER RELATED AREAS: STAFF PREPARE AN ORDINANCE THAT, AT A MINIMUM, REFLECTS THE RECOMMENDATIONS OUTLINED IN THE MEMO FROM RUDY ESQUIVIAS DATED DECEMBER 6, 2010 AND AS DISCUSSED AT THE DECEMBER 6, 2010 WORK SESSION. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . (Councilmember Wilson was no longer available telephonically. ) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JANUARY 3, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND ...... THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, JANUARY 4, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 12 OF 15 Mayor Insalaco commented that since the next meeting is so close to the holidays, they will not be having a second meeting in December. He believed he could speak for the rest of the council in wishing everyone happy holidays, and hopefully next year will bring better times . CALL TO THE PUBLIC: ''` Mr. Nick Labadie, Rose Law Group, 6613 N. Scottsdale, Scottsdale, addressed the council regarding the medical marijuana ordinance. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding Call to the Public, the street bonds, mass transit, and his pending term limit initiative. Councilmember Eck commented when they did change Call to the Public, he did not believe it was their idea to just change it for awhile and see how it works . That came on after seeing that the change was actually working and working well. We are now coming into an election season. If they were to test it now, it would be the worst time to test it. Call to the Public is not for trying to get into an elected office. He does not think they would consider it until after the election. Mayor Insalaco commented Call to the Public is a privilege that the council gives . It is not a right . It is something that this city council does . Some cities do not even have it. He feels they should be able to do what they want . r Councilmember Barker commented they do have term limits . It is called voting. If people do not vote for you, you are out. If people want you to remain in office they will vote for you, and that is term limitation. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 24 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 13 OF 15 2 . Approval of Minutes of Regular Meeting of November 16, 2010. 3. Consideration of Appointment of Deputy City Magistrates . 4 . Consideration of Appointment of Pro-Tem Magistrates . 5 . Consideration of proposed Resolution No. 10-41, authorizing the City to enter into an intergovernmental agreement with Arizona Department of Transportation for Safe Route to Schools grant funds . 6. Consideration of Resolution No. 10-42, authorizing the submission of a grant application to the Arizona Department of Transportation for Local Transportation Assistance Fund II funding for Fiscal Year 2010-2011 . 7 . Consideration of a "Main Street" Cross-Section Design. 8 . Consideration of proposed professional services agreement with OSAM Document Solutions, Inc. not to exceed $67, 565. 00 . ACCEPTED THIS 4TH DAY OF JANUARY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF JANUARY, 2011 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 14 OF 15 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of December, 2010 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of December, 2010 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 15 OF 15 �� pity of Apache Junction L.,14.1zot: Home of the Superstition Mountains a Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: January 4, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of award of bid to Cactus Transport, Inc. in the amount of$2.27 per gallon of CRS-2P applied used for street maintenance chip seal operations ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Two bids were received in response to the solicitation. Request city council approval and award of this bid to Cactus Transport, Inc. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: `RECOMMENDATION: Approval and award. ATTACHMENTS: Click to download 0 Chip Seal Emulsions Memo PQA N Public Works Department City of Apache '�y 1 Junction qRN• Home of the Superstition Mountains December 16, 2010 To. Mayor and Members of City Council Thru. George Hoffman, City Manager David Fern, Public Works Director From. Shane Kiesow, Public Works Manager Subject PW 2010-16 Chip Seal Emulsions Bid results for the above project were presented to City Council for discussion on December 6, 2010 This project would consist of the contractor supplying and delivering the chip seal emulsions for the City's chip seal operations. This project was bid on a per gallon basis The term of the contract will end June 30, 2011 with an automatic renewal for five (5) successive periods of one (1) year from the original signing of the agreement. The following two bids were responsive Cactus Transport, Inc. $2 27 per gallon Grady's Quality Excavating, Inc $2.63 per gallon Public Works Staff respectfully requests City Council for approval and award of PW 2010-16 to Cactus Transport, Inc in the amount of$2.27 per gallon of chip seal emulsions which will allow Public Works to complete future chip seal operations 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX(480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR CHIP SEAL EMULSIONS PROJECT NO . PW 2010-16 ^ THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and Cactus Transport, Inc. , an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties" or individually as a "Party" . RECITALS WHEREAS, in response to City' s Notice Inviting Bid Proposals dated October 21, 2010, and any addendums applicable thereto, Contractor suomitted a proposal dated November 10, 2010, in which Contractor asserts its willingness, ability and qualifications to provide this material; and WHEREAS, City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and WHEREAS, City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contactor shall render the services AGREEMENT NOW, THEREFORE, City retains Contractor to provide materials, and Contractor agrees to provide the materials in accordance with the terms and conditions set forth below. 1 . PROJECT DESCRIPTION. Contractor shall provide and deliver or cause to be provided and delivered in a good workmanlike manner, the materials in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW 2010-16, on file with the Public Works Department, which includes the following product description: ± 50, 000 Gallons CRS-2P Applied 2 . CONTRACT TIME/RENEWAL: The terms of this Agreement shall be from the date of written award by the City Council to June 30, 2011. The Agreement will be renewed automatically and continuously for successive periods of one (1) year, not to exceed five (5) years from the original execution of the original Agreement as long as City budgets for and appropriates funds for the successive renewal terms. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor 1 3 PRICING. The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. Price adjustments will be considered provided said adjustment (s) are submitted with 15-calendar days' advance written notice to the Public Works Director Prices shall be in effect for the duration of the contract at the unit prices bid, with a price adjustment as follows: emS The term "bituminous material" as used herein shall include asphalt cement, liquid asphalt and emulsified asphalt. The term "Initial cost" of bituminous materials as used herein shall mean the cost as determined by the ADOT Price Adjustment for bituminous material for the month price adjustment is submitted See: http• //www.azdot.gov/highways/cns/bitmat.asp. The Contract unit price for each item that contains bituminous material will be considered to include all costs of materials as required, including the "initial cost" of bituminous material The initial cost of bituminous material will be based on the ADOT Monthly Index as follows- The adjustment in compensation, either increase or decrease, for bituminous material will be based on the dollar amount change in the ADOT Monthly Index from the month in which the contract was bid compared to the month in which the material is used, on a calendar month basis This adjustment will apply only to the amount of bituminous material used in the bid item and not to the overall unit cost. The amount of bituminous material in each bid item will be as follows. MC' s and liquid asphalt 100% Terminal bend asphalt rubber 93% Emulsions, Concentrate 60% Diluted 2: 1 Diluted 1: 1 ems Additionally, the adjustment for compensation for bituminous materials will be based on the tone of bituminous material prior to dilution. This adjustment will apply to bituminous material only. A sample of the formula is as follows : ($ amount change in ADOT index) x (% of bituminous material) + (amount bid) 4. PAYMENTS. Payment will be made by the Caty ,within thirty (30) calendar days after completion and acceptance of the material . Total amount of this Agreement shall not exceed $500, 000. 00. 5 INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no 2 /1 circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the delivery of the materials using its best skill and attention Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document 6 WARRANTY: Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemea an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance and within fourteen calendar days of notice of defect in writing by the City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warranties, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above 7. TAXES. Contractor shall pay all license, sales, consumer, use and other similar taxes which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority. Contractor understands that the activity described herein constitutes "doing business in the. City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Any activity by Subcontractor within the corporate City limits, will invoke the same business tax regulations on any Subcontractors, and Contractor ensures its subcontractors will obtain any required business tax license. 9. INDEMNIFICATION: Contractor snail defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s Subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage 3 es requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph 10. SUBCONTRACTORS: All Subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any Subcontractor, person or entity previously selected witnout the approval of City. 11. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either es party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 12 . INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be raintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement Contractor's insurance snail be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City The insurance policies, except Worcers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services The insurance policies may providecoverage coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to CITY under such policies Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. 4 City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, snail name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2,000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 Genera] Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for. Contractor' s operations and products and completed operations ^ If required by this Agreement, if Contactor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this P Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance. Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services, and Employer's Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. 5 ON OIN In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation ana Employer' s Liability to at least the same extent as required of Contractor CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect . ems In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title. 13 . QUANTITY All quantities stated in the Contract are subject to adjustment as dictated by the City requirements Quantities at variance with stated bid quantities may be purchased as required during the term of the Agreement at the quoted prices All quantities are approximate and are not to be considered as an indication of actual requirements. 14 . SUCCESSORS & ASSIGNS : City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City 15. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 16. CLAIMS FOR DAMAGES• Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 6 OIN 17 . LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faitnful performance of the contract and the payment of all obligations arising thereunder Attached are standard bend forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms 18. SAFETY: Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 19. RIGHTS & REMEDIES. The duties and obligations imposed by the eN contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 20. LIQUIDATED DAMAGES: Should Contractor fail to deliver the supplies and/or perform the services within the time specified in this contract, or any extension thereof, the actual damages to City for the delay will be difficult to determine. Therefore, in lieu of actual damages, Contractor shall pay to City as fixed, agreed, and liquidated damages for each calendar day of delay, the amount of $100 per day. Contractor shall not be charged with liquidated damages when the delay arises out of cause beyond the control and without the fault of negligence of Contractor. The City shall determine what is beyond the control of Contractor and his supplier 21. TERMINATION• Either Party may terminate this Agreement with or without cause as long as ninety (90) calendar day advance written notice is communicated to the other Party. 22 RECORDS. Records of Cont..ractor' s material, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. ^ Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 23. SEVERABILITY: If anypart, term orprovisions of this Agreement g shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 24. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract 25. COMPLIANCE WITH FEDERAL AND STATE LAWS. The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the immigration Reform and Control Act of 1986, the Drug Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts 7 of Interest law, and federal and state environmental laws and all other applicable federal, state and local laws. The Contractor must also comply with A.R S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements fo.r Employees". Under the provisions of A R S § 41-4401 , Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . emN A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide emN services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 26. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, scnool districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. 8 Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. 27 . AMENDMENTS: The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this A!�reement to be signed by their duly authorized representative as of this U41/4 day of -em ( a. . e cTLtc-) T 1DX an Arizona corporation By: r ��Z, r J Printed- .J 1)c•m1nr y Title: Vice-, f'r� 1 Cten . CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Title- MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J Stern City Attorney 9 PROJECT NO. P;r 2010-16 COST PROPOSAL Firm or I ndi,`i . r`49�-1�4� a:7,•4fr.(i4-ij �4��(, `f_ Address: fg'f1 zz r .?y1f, ,"1 7 /2 -s?)/2 •�. /'1 1 e e p h D e No t L!/ :a ''i ) .' 7.. ^ �«t''..e i Y (�� f.,," 17-vm DESCR i !'_IOi_ +7� r!� ?RICC/GALL:iN 1. 50, 0CC GLS. CR3-2_ 7:1T7-1:2D c 3% /GALLOtti -R=CE I;:,UR PRICE ESCALATION CLAUSE ON PAGES 3-4 1N(LUDZ,S DLLSW1.tz : f'a A:�L-Ll C A.BL.3. PIN Attachment A k PQ�Cf✓ It z City of Apache Junction Home of the .S uperchtion Mountains •••..„..)44itzote*. al Print TO: City Manager's Office FROM: R.Joel Stern, City Attorney DATE: January 4, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of settlement agreement in Croswell v. City of Apache Junction, Pinal County Superior Court No. CV200900441. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: On December 1, 2010, a settlement conference was held in the above-noted case and a settlement amount of $450,000 was reached The city's portion of this settlement is $1,000, which represents the city's deductible per its insurance policy with Arizona Municipal Risk Retention Pool Based on the facts of this case, discovery so far received, and applicable law, it is recommended that council authorize settlement of this matter for the above-noted amount in exchange for a full release of all claims and other potential legal action against the city FISCAL, IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download 0 Settlement Agreement DEC-09-2010 15:22 BURCH CRACCHIOLO i::C-9-2010 02:S6P FRAM: 6022340341 2 P.005 FULL AND FINAL RELEASE OF ALL CLAIMS 1. INTRODUCTION This Full and Final Release of Ali Claims(hereinafter"Release")arises out of a lawsuit captioned EDGAR JOH_N CROSWELL vs. CITY Of APACHE CT it PAUL KASON PERKINS: and JERALD MONAHAN, Pinal County Superior Court Cause No. CV CV200900441, in which plaintiff.Edgar John Croswell ("Mr. Croswell'), asserted a claim for personal Injuries and lost income against defendants City of Apache Junction("the City"), Paul Kason Perkins and his wife Mistique D. Perkins,and Jerald Monahan (hereinafter referred to collectively as "the City defendants"). 2. RELEASE For and in consideration of the promises and agreements contained herein,the receipt and sufficiency of which is hereby acknowledged, Mr.Croswell(a single man), for himself, his heirs, assigns, successors, subrogees, representatives, agents and attorneys, does hereby forever release, acquit and discharge the CITY OF APACHE JUNCTION, PAUL KASON PERKINS, MISTIQUE D. PERKINS, and JERALD MONAHAN, and their respective representatives, assigns, employees, officials, employers, principals, agents, representatives, successors, heirs, executors, administrators, attorneys and insurance carriers(hereinafter collectively referred to in the singular as the "Released Parr') from any and all claims, causes of action, damages,liabilities,expenses,obligations,fees and costs,which he has,has ever had, may have or could have, for any losses, injuries or damages of any sort, including but not limited to personal injury, lost income,or any other damage or expense incurred or sustained as a result of a motor vehicle accident that occurred on February 15, 2008 near the junction of Idaho Road and 20th Avenue in Apache Junction,Arizona,whether anticipated or unanticipated, known or unknown, disclosed or undisclosed, resulting from, arising out of, or connected directly or indirectly or otherwise related to the events, claims, and occurrences more particularly described in EDGAR JOHN CROSWELL vs. Cay OF APACHE JUNCTION; PAUL KASON PERKINS: and JERALD MONAHAN, Pinal County Superior Court Cause No. CV CV200900441. 3. PAYMENT For and in consideration of the sum of FOUR HUNDRED FIFTY JHOUSAND DOLiARS($450.000,00),the receipt and sufficiency of which is hereby acknowledged, Mr.Croswell agrees that this Full and Final Release of All Claims is intended to be,and in fact Is, the full and final settlement of all claims he has, has ever had, may have or could have against the City defendants as a result of the matters or claims asserted in EDGAR JOHII CRQSWELL vs. CITY OF APACHE JUNCTIONV: PAUL, KASO,J PE$KIN$: and JERALD MONAHAR, Pinal County Superior Court Cause No. CV DECt09-2010 15:23 BURCH CRACCHIOLO -9-201d We: ' t-K.u.r: 6022340341 2 P.006 CV200900441. Mr. Croswell understands and acknowledges that the payment described above is ajj the consideration that he will ever receive from the City defendants in this matter.Mr. Croswell agrees that the consideration described herein Is fair, equitable and adequate under all the circumstances and he regards such consideration as a full and final settlement of all claims, rights,and damages which he may have against the City defendants, including without limitation any and all claims, causes of action, damages, losses, property damage, liabilities, expenses, attorneys' fees and costs,of any kind or nature,known or unknown,anticipated or unanticipated, which Mr. Croswell has asserted or alleged, or could have asserted or alleged, in EDGAft JOHN CJkOSWELi._vs. CiTY OF APACI!E JUNCTION: PAUL ON PERKINS: and JERAj D MQNAHAN, Pinal County Superior Court Cause No. CV CV200900441. Subject to the approval of the settlement by the City's Council described in paragraph 8 below, the payment described herein will be made to Mr. Croswell's counsel to be held in trust by him until the City Council has given its approval. 4. STIPULATION OF DISMISSAL WITH PREJUDICE Mr.Croswell agrees to take all actions and execute all documents necessary to dismiss with prejudice Mr. Croswell's claims asserted in EDGAR_JOHN CROSW LL vs. CLTY OF AP_ACHE JU CTLON: PAUL KASON PER_ KiNS: and. JERALD IVtONAHAN, Pinal County Superior Court Cause No. CV CV200900441. 5. SUBSEQUENTLY DISCOVERED FACTS Mr.Croswell acknowledges that(a)after signing this Release,he may discover facts different from, or in addition to, those which he now believes to be true, but nevertheless, this Release shall be and will remain effective in all respects, notwithstanding such discovery, and (b) no representations have been made which have.induced him to enter into this Release other than the statements and agreements which have been specifically stated in this Release. 6. NOT ADMISSION The parties recognize that any payment or agreements made pursuant to this Release are not an admission by the City defendants of any liability or responsibilityfor, or of the correctness of, any of the claims which were or may have been asserted in the action entitled EDGAR JO 1N C,ROSWELL vs. cirecy APACHE JUNCTIQ PAUL KASON P_FRK1jJS: apd .FRALD JUIONAHANJ Pinal County Superior Court Cause No.CV CV200900441,including but not limited to Mr.Croswell's claims,which liability, responsibility and correctness are hereby expressly denied by the City defendants, but are made for purposes of avoiding the casts and/or risks of litigation. 2 DEC-09-2010 15:24 BURCH CRACCHIOLO } ; -9-2010 ce: rr hraa1: 6022340341 2 P.007 • 7. PAYMENT OF HEALTHCARE PROVIDERS Mr. Croswell represents and warrants that all health care providers have been fully paid, or will be fully paid from either the settlement proceeds or other sources. Mr. Croswell further represents and warrants that there are no medical liens (including but not limited to federal liens. Medicare liens, or Arizona Health Care Cost Containment System liens) or that any such liens will be fully paid from either the settlement proceeds or from other sources. Mr. Croswell agrees to indemnify and hold the Released Party harmless from any claims, demands, actions, complaints or liens which might be asserted by his health care providers or AHCCCS. 8. CONDITIONAL APPROVAL OF CITY COUNCIL Mr. Croswell understands and agrees that the settlement described herein is conditioned upon the City's Council of it. This settlement will considered by the City Council at its January 4, 2011 meeting, at which time the City Attorney will recommend to the City Council that the settlement described herein be approved. 9. BREACH Should Mr. Croswell breach any one or more of the terms and conditions of this Release,the other parties shalt be entitled, at their option, singly or jointly,,to take such action as they deem necessary, including but not limited to injunctive proceedings,and if they prevail in their action.shall be entitled to recover their damages and attorneys' fees. 10. AUTHORITY AND OWNERSHIP Mr. Croswell represents and warrants that he is authorized and entitled to sign this Release, that no other person or entity has any interest in the matters released herein or the payment or agreements made hereunder, and that he owns and has not sold, pledged. hypothecated, assigned or transferred or purported to sell, pledge, hypothecate, assign or transfer to any person or entity, other'than his attorneys, all or any portion of the matters or claims released herein. 11. WARRANTY OF CAPACITY TO EXECUTE RELEASE Mr. Croswell represents and warrants that he is legally competent to execute this Release and accepts full responsibility therefore,and that he has the sole right and exclusive authority to execute this Release. 3 =-09-2010 15:24 BURCH CRACCHIOLO-9-20111 6022340341 2 P.008 :err trciu��� 12. CAREFUL REVIEW OF AGREEMENT AND UNDERSTANDING OF RELEASE Mr. Croswell represents and warrants that he has CAREFULLY read this Release and understands its terms and conditions without reservation. Mr. Croswell acknowledges that he has had ample opportunity to consult with his legal counsel regarding this Release, and In fact has consulted with his legal counsel about the terms and conditions of this Release, that he has not relied on any representations or statements of the City defendants or their counsel with respect to the subject matter of this Release, that he understand that this is a FULL, COMPLETE and FINAL Release and that he is forever relinquishing and releasing any and all claims he has or may have against the City defendants as of the date of this Release, involving the subject matter described above in this Release. Mr. Croswell further acknowledges that the City defendants do not warrant or represent any tax consequences of this Release, and Mr. Croswell is relying on his own legal counsel and/or tax advisors and not on the City defendants in that regard. 13. SEVERABILiTY If any portion or portions of this Release may be held by a court of competent jurisdiction to conflict with any federal, state or local law, and as a result such portion or portions are declared to be invalid and of no force or effect in such Jurisdiction, all remaining provisions of this Release shall otherwise remain in full force and effect and be construed as if such invalid portion or portions had not been included herein. 14. GOVERNING LAW r' This,Release shall be governed and construed by the laws of the State of Arizona. 15. COUNTERPARTS This Release may be signed in counterparts, but when taken together shall constitute a single document when executed. 16. ENTIRE AGREEMENT This Release contains the entire understanding of Mr. Croswell and the City defendants with regard to the matters herein set forth. There are no representations, warranties, agreements, arrangements, undertakings, oral or written, between or among the parties hereto related to the subject matter of this Release which are not fully expressed herein. 4 . , DEC-09-2010 15:25 BURGH CRACCHIOLO 6022340341 2 P.009 -9-2010 02:58P FRc1: �•.,.�. • •• 17. BINDING EFFECT This Release shall be binding upon and shall inure to the benefit of the parties, their respective spouses, heirs, beneficiaries, personal representatives, successors, and assigns. 18. AMENDMENTS This Release and all documents and Instruments executed in connection herewith or in furtherance hereof may not be amended, modified or supplemented except by an instrument in writing signed by all parties hereto. IN WITNESS WHEREOF, Edgar John Croswell has executed this Full and Final Release of All Claims on the date below. DATE: /c - q 0 _ .� EO R HN CROSW L STATE OF ARIZONA ) )ss. County of• _ ) Before me, a Notary Public for and within the County of I , State of Arizona, this 9 ,day of i ►d1J-, 2010, personally appeared EDGAR JOHN CROSWELL,who executed the above Full and Final Release of All Claims, and he acknowledged to me that he executed the same as his own free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. k FAS. No - •u•Iic 1 �` My Commission Expires: "toaa�e+c.s�oGSDu� • =}��oury►vslto.i CLigfIlan° Mollaop�Cpunty My July 29�2 expires APPRO TO FORM BY: CLAR OFF By. Robert F. Clarke, Esq. 2701 East Camelback Rd, Ste 140 Phoenix,Arizona 85014 Attorneys for Edgar John Croswell 5 TOTAL P.009 ROLL CALL VOTE NOTES 14 I/,\ti 0) (ij i/ ;NI / ITEM # 1 MEETING OF L) (.41;), MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER ECK V COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER COLEMAN V -COUNCIL-MEMBER SEROY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /.. Aankk CONSENT AGENDA ITEMS NO. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2010-16, CHIPS SEAL EMULSIONS, BE AWARDED TO CACTUS TRANSPORT, INC. IN THE AMOUNT OF $2.27 PER GALLON WITH THE TERM OF THE CONTRACT ENDING JUNE 30, 2011 WITH AUTOMATIC RENEWAL FOR FIVE SUCCESSIVE PERIODS OF ONE YEAR FROM THE ORIGINAL SIGNING OF THE AGREEMEN AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREET;MENT; AND THAT APPROVAL BE GIVEN OF THE SETTLEMENT AGREEMENT IN CROSWELL V. CITY OF APACHE JUNCTION, PINAL COUNTY SUPERIOR COURT NO CV200900441, IN THE AMOUNT OF $450,000, WITH THE CITY'S PORTION OF THIS SETTLEMENT BEING $1,000, WHICH REPRESENTS THE CITY'S DEDUCTIBLE PER ITS INSURANCE POLICY WITH ARIZONA MUNICIPAL RISK RETENTION POOL; SETTLEMENT IS IN EXCHANGE FOR A FULL RELEASE OF ALL CLAIMS AND OTHER POTENTIAL LEGAL ACTION AGAINST THE CITY no City of Apache Junction � z Home of the .Superstition it 1 ountain s 44,rzost• IS Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: January 4,2011 Amok, Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: p ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1369,AMENDING ZONING ORDINANCE, ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-33 EQUINE REGULATIONS BY REQUIRING THAT REQUESTS FOR NEW HORSE BOARDING BUSINESSES BE SUBJECT TO A CONDITIONAL USE PERMIT PROCESS. 2. Will SENIOR PLANNER RUDY EQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. ppACH s °� o of City Apache Junction Home ofip, the Superstitio/t Mountains a Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner2oning Administrator DATE: January 4, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1369, TO AMEND THE ZONING ORDINANCE, ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-33 EQUINE REGULATIONS, BY REQUIRING THAT REQUESTS FOR NEW HORSE BOARDING BUSINESSES BE SUBJECT TO A CONDITIONAL USE PERMIT (CUP) PROCESS. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This is a Planning and Zoning Commission initiated request to require a Conditional Use Permit (CUP) process for all new proposed commercial horse boarding businesses in the city. The commission believes that a CUP process would provide for better neighborhood notification and public input relative to this type of land use request. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: The Planning Commission, at their public hearing on September 28, 2010, unanimously recommended to the City Council in favor of the proposed amendments. ATTACHMENTS: Click to download 0 AM-2-10 CC Cover Memo D Draft Ord.1369 O AM-2-10 PZ Report O Equine Regs.with change O 1st Draft Ord �p4 ACH ✓ City of Apache Junction 4y, pl. Development Services Department DATE: January 4, 2011 MEMO TO. Honorable Mayor and City Council Members THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: Jan 4, 2011, City Council Public Hearing: Case AM-2-10 (Ord. No. 1369) - Proposed Text Amendment to Require a Conditional Use Permit for New Commercial Horse Boarding business requests. Summary At their work session of July 13, 2010, the P&Z Commission gave Planning Staff the go ahead to draft language to amend Section 6.0130 Equine Regulations, to require an applicant proposing to establish a new commercial horse boarding business in the City to first get approval through a Conditional Use Permit (CUP) process. The Commission' s desire was to make a very narrowly tailored amendment to the regulations to address only that specific issue. P&Z Commission Meetings and Recommendation The Planning and Zoning Commission held a work session on September 14, 2010, and a public hearing on September 28, 2010, where they discussed proposed language recommended by Staff to amend the ordinance as directed On September 28, the Commission voted '^ unanimously to recommend in favor of the text amendment which is presented in the attached draft Ordinance No 1369. City Council Work Session No additional changes were suggested by Council members at their Work Session discussion on November 15, 2010. If Council ultimately chooses to approve this amendment to the Equine Regulations as is, only a person who proposes to establish a new horse boarding businesses in the City (i.e. , a horse boarding business proposed after the effective date of Ordinance No. 1369) would be required to apply for a Conditional Use Permit. Operators of existing, lawful and licensed horse boarding businesses would not be required to apply for a CUP retroactively. Attached: Draft Ord #1369, Sept 28, 2010, P&Z Staff Report w/Attachments ORDINANCE NO 1369 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-6, GENERAL PROVISIONS AND EXCEPTIONS, BY AMENDING SECTION 1-6-33 EQUINE REGULATIONS, IN CASE AM-2-10, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No. 408 on October 15, 1985, which amended the City's Zoning Ordinance, Article 6 (newly recodified as Article 1-6) General Provisions and Exceptions, by adding Section 6.0130 (newly recodified as Section 1-6-33) Equine Regulations; and WHEREAS, pursuant to Ordinance No. 1343, approved on July 7, 2009, and Ordinance No 1345, approved on September 15, 2009, substantial changes were made to the Equine Regulations as recommended by the Planning and Zoning Commission and approved by the City Council, to clarify, expand upon and improve the city's regulations pertaining to commercial horse boarding businesses and the uses and activities related thereto; and WHEREAS, after holding further discussions, work sessions and a public hearing on September 28, 2010, the Planning and Zoning Commission voted to recommend approval of a new amendment to the Equine Regulations to require a Conditional Use Permit process for proposed new commercial horse boarding businesses; and WHEREAS, the City Council finds that a Conditional Use Permit process will serve to better inform and solicit input from neighboring citizens with regard to the location and scope of commercial horse boarding businesses, particularly in rural single-family residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-6, General Provisions and Exceptions, Section 1-6-33 Equine Regulations, shall be amended as follows. ORDINANCE NO. 1369 PAGE 1 OF 3 Section 1-6-33 (B) (2) shall be amended to read as follows : 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 1-6-1 Conditional Use Permits, shall be required prior to any new commercial horse boarding business being established in the City subsequent to the effective date of this ordinance (adopted January 4, 2011; effective February 3, 2011) . The following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site . SECTION II: REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III: PROVIDING FOR SEVERABILITY If any section, subsection, sentence phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2011. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO 1369 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney Amok ORDINANCE NO. 1369 PAGE 3 OF 3 e ACH n z City of Apache Junction .4RIOi" Development Services Department DATE: September 28, 2010 MEMO TO: Planning and Zoning Commission THROUGH: Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: Sept. 28, 2010, P&Z Commission Public Hearing: Case AM-2-10 Proposed Text Amendment: Conditional Use Permit for Commercial Horse Boarding business requests . Summary At their work session of July 13, 2010, the P&Z Commission indicated an interest in having Staff draft language to amend Section 6. 0130 Equine Regulations, to require an applicant proposing to establish a new commercial horse boarding business in the City to first get approval through a Conditional Use Permit (CUP) process . The Commission' s desire was to make a very narrowly tailored amendment to the regulations to address only that specific issue. P&Z Commission Work Session At their work session on September 14, 2010, Staff presented to the Commission the proposed language under the Recommended Motion, which amends the Equine Regulations to require a CUP for new horse boarding businesses. The Commission seemed agreeable to the proposed amendment language. Staff now presents the proposed text amendment for the Commission' s recommendation. Attached to this report is a complete copy of the Equine Regulations (as approved within the last year or so by Ordinance Nos . 1343 and 1345) , annotated with the narrowly tailored specific language changes shown. Also attached is a draft Ordinance. Recommended Motion I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case AM-2- 10, a City-initiated Zoning Ordinance text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, specific to Article 6 General A., Provisions and Exceptions, proposing to amend Section 6. 0130 Equine Regulations, as follows : Section 6 . 0130 (b) (2) shall be amended to read as follows : 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6 . 0101, shall be required prior to any new commercial horse boarding business being established in the city subsequent to the effective date of this ordinance (amended on (date] ) . The following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site The reasons for this recommendation are- 1) The requirement of a CUP process for new commercial horse boarding businesses will help to better inform neighboring citizens with regard to the location and scope of activities of a proposed business 2) The CUP process should help to facilitate more citizen input with regard to the establishment of new commercial horse boarding businesses, particularly in rural single- family residential areas . Attachments: - Complete Equine Regs. with annotated changes - Draft Ordinance CASE AM-2-10 PROPOSED CHANGES TO EQUINE REGULATIONS TO REQUIRE A C.U.P. FOR NEW HORSE BOARDING BUSINESSES (9/28/10 Draft: Strikethgeughs = Deletions; Highlights = Additions) The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions and Exceptions, Section 6 0130 Equine Regulations, is proposed to be amended as follows. SECTION 6. 0130 EQUINE REGULATIONS a. General Equine Regulations . The following regulations contained herein shall be applicable to the keeping of horses and all other members of the equine family including donkeys and mules in the City. (Refer to Chapter 6 of the City Code for additional regulations pertaining to the keeping of animals . ) 1 . The keeping of horses for personal use and the training (but not boarding) of horses as an incidental business use, unless otherwise specifically permitted or prohibited in a zoning district' s regulations, shall be permitted only in residential zones and all lots for the keeping or training of horses shall have a minimum size of either one and one quarter (1-1/4) acres gross or one (1) acre net. 2 . The number of horses permitted on a lot, personally owned and enjoyed by the resident family of said lot, is not limited. However, the owner shall comply with the other regulations contained herein as well as any other applicable regulations of the City and any other agency Amk having jurisdiction. 3 Horse rental stables, which include any enterprise providing horses and equipment rented on a time basis, and wherein the rented horses are permitted to be ridden away from the property either by individual renters, with a group or with a guide, shall be permitted where the rental use is a legal non-conforming use; or within areas designated as low density residential land use in the General Plan (regardless of zoning district) , subject to a Conditional Use Permit and subject to a minimum lot size requirement of ten (10) gross acres . 4. Accessory buildings and structures for the keeping of horses shall comply with the applicable regulations in Section 6. 0116, except that for "shade structures" (a structure consisting of a roof supported by columns and used exclusively for the shading of livestock) shall not be considered a structure used for the keeping of animals or livestock, but shall comply with other applicable requirements of Section 6 0116 . Horse shade structures, barns, stables and tack sheds shall be allowed to make up an additional and separate 100 of lot coverage beyond that allowed for main buildings (home, detached garage, studio, non-horse-related workshop, guest house) of the underlying zoning district b Commercial Horse Boarding Regulations . 1 . Commercial horse boarding is defined as a properly zoned and licensed facility that commercially rents horse stalls on a lot of at least 2 . 5 gross acres in size and is designated as low density residential land use in the General Plan 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6. 0101, shall be required prior to any new commercial horse boarding business being established in the City subsequent to the effective date of this ordinance (amended on [date]) . The following regulations apply to all new commercial horse boarding facilities being established in thc City subsequent to thc cffcctivc datc of this ordinance amcndmcnt (Ordinance No. 1343, cffcctivc August 6, 2009) . These following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their oink horse trailers on-site. 3 . Licensed horse trailers owned by horse boarders may be parked on a commercial horse boarding property, but the number of horse trailers shall not exceed the total number of horses being boarded on site. The parking and/or storage of a horse trailer at a specific boarding facility shall not be permitted unless the owner of said trailer has a horse boarded at said facility at the same time . Horse trailers shall be setback a minimum of 4 feet from adjacent properties and 25 feet from public road rights-of-way. Trailers shall be parked in a manner that does not interfere with safe traffic circulation and visibility as determined by the City. Prior to parking horse trailers on a commercial horse boarding property, the property owner/operator shall submit to the Development Services Department a properly scaled and dimensioned site plan that illustrates all existing buildings on the property with setbacks indicated, and the location and layout of the parking area for horse trailers . The Development Services Director, or his/her designee, shall review the plan and either approve, modify and /mak, approve, or disapprove the parking site plan based on an evaluation of safe traffic circulation and compliance with the standards identified above . Failure by the owner and/or operator of a boarding facility to operate as approved under this section shall be grounds for possible revocation of the business license of the facility. 4 . 0ne (1) seasonal or full time commercial horse boarding ranch hand, along with his or her family, shall be allowed to reside on-site The primary purpose and responsibility of the ranch hand is to assist in the management and care of the commercial boarding facility. The ranch hand shall be allowed to live in the main residential building or within a recreational vehicle. The recreational vehicle may be permanently connected to waste, water, gas, and/or electrical service, or may operate as a self-contained unit Construction of a conventional built home to accommodate the ranch hand shall not be allowed unless constructed and operated in accordance with the zoning code regulations regarding guest homes 5 An operator of a commercial horse boarding facility with an on-site residence may allow the restroom facilities of the residence to be used by patrons of the facility. Alternatively, the owner/operator may provide a portable chemical toilet ("porta-potty") subject to Development Services Department review and approval of a site plan that illustrates the location and screening of said toilet . 6 . The operator of a horse boarding facility shall comply with all other City animal control requirements for health and safety, sanitation, odor vector control and other related issues . 7 . Social events and parties shall be subject to the same noise, parking, traffic and health and safety regulations applied to other residential properties within the City. 8 . Horse boarding businesses shall be allowed to operate 24 hours/day, seven days/week. 9. Riding lessons and horse training services shall be allowed on commercial horse boarding properties . Commercial horse boarding facilities may also accommodate veterinarian, farrier, horse care specialists, and equine services visits to serve horses kept both on-site and off-site. p 10 . Commercial horse boarding facilities shall be allowed one detached, double-sided, 32-square-foot sign to include the name of the facility and the property address . The sign may be externally lit, shall comply with Dark Sky regulations and shall not be animated. 11 . Horse shades, barns, stables, and tack sheds used by horse boarding businesses shall be allowed to make up an additional and separate 10o square footage of lot coverage beyond that allowed for main buildings (home, detached garage, studio, non-horse-related workshop, guest house) of the underlying zoning district . 12 . Commercial horse boarding facilities shall control the run-off of waste material (including urine, manure, etc ) from all corrals, stalls or arenas used for the training, running and/or exercising of horses from encroaching onto adjacent properties or rights-of-way. 13 . Rental of camping sites for temporary overnight accom- modations of recreational vehicles ("RV" as defined in Article 5 Definitions of the Zoning Ordinance and including RV/horse trailer combination units, but excluding Park Amok Models) , may be allowed on five (5) gross acres or larger commercial horse boarding properties, subject to a Conditional Use Permit ("CUP") approved by the Planning and Zoning Commission and the minimum standards outlined below. The privilege of a CUP to allow rental of RV camping sites under this section shall not apply to properties which have operated as unlawful or unlicensed boarding facilities, or which have not been granted letters of lawful non- conforming status by the City, or which have allowed their lawful non-conforming business status to lapse- a. A maximum stay of 6 months per calendar year per RV camper. b. In addition to the main dwelling, no more than one (1) RV camping space for every one (1) gross acre of land area shall be allowed. A guest house and/or a Am.. caretaker' s unit shall be counted in the maximum number of units or spaces allowed. c. All RVs as defined in this section, including their appurtenant structures must maintain a minimum separation of 6 feet from each other and 3 feet to a property line d An RV camping space shall contain no less than 1000 square feet and shall be at least 25 feet wide. /� e. A maximum of two vehicles per individual RV campsite are allowed, consisting of the RV and one passenger vehicle. f. There shall be no more RV campsites than number of horses The privilege of RV camping at a specific boarding facility shall not be extended to RV campers who do not have a horse boarded at said facility at the same time. g. Use of generators to charge batteries within the RV campsite is permitted between the hours of 8 am to 9 pm. h. Properly permitted utility hookups and/or self-contained RV camping shall be allowed. No on-site dumping of sewage waste shall be allowed unless the boarding facility is connected to the sewer district system or unless other sewage disposal system solutions are permitted by the Pinal County Health Department. i . Standards regarding the impact of noise, light, smoke, fumes, and odor resulting from the RV camping activities shall be subject to local ordinance and subject to public nuisance laws. j . If the RV camping use fails to operate in accordance with the approved conditions of the conditional use permit and/or creates a public nuisance within the neighborhood, the Planning and Zoning Commission may revoke the conditional use permit. k Plan submittal requirements for a conditional use permit to allow overnight RV camping shall comply with Section 6. 0101 Conditional Use Permits of the City of Apache Junction Zoning Ordinance . 1 . Areas where RVs are parked shall be improved to control fugitive dust particles (PM10) , as determined by the City Engineer. (9-28-10 DRAFT) ORDINANCE NO 13 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 6, GENERAL PROVISIONS AND EXCEPTIONS, BY AMENDING SECTION 6.0130 EQUINE REGULATIONS, IN CASE AM-2-10, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No 408 on October 15, 1985, which amended the City's Zoning Ordinance, Article 6 General Provisions and Exceptions, by adding Section 6 0130 Equine Regulations; and WHEREAS, pursuant to Ordinance No. 1343, approved on July 7, 2009, and Ordinance No. 1345, approved on September 15, 2009, substantial changes were made to the Equine Regulations as recoinunended by the Planning and Zoning Commission and approved by the City Council, to clarify, expand upon and improve the city's regulations pertaining to commercial horse boarding businesses and the uses and activities related thereto; and WHEREAS, after holding further discussions, work sessions and a public hearing on September 28, 2010, the Planning and Zoning Commission voted to recommend approval of a new amendment to the Equine Regulations to require a Conditional Use Permit process for proposed new commercial horse boarding businesses; and WHEREAS, the City Council finds that a Conditional Use Permit process will serve to better inform and solicit input from neighboring citizens with regard to the location and scope of commercial horse boarding businesses, particularly in rural single-family residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions and Exceptions, Section 6.0130 Equine Regulations, shall be amended as follows. ORDINANCE NO 13 PAGE 1 OF Amok Section 6 . 0130 (b) (2) shall be amended to read as follows : 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6. 0101, shall be required prior to any new commercial horse boarding business being established in the City subsequent to the effective date of this ordinance (amended on [date] ) . The following regulations shall also .'"'. apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site. SECTION II: REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION III: PROVIDING FOR SEVERABILITY If any section, subsection, sentence phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 13 PAGE 2 OF _ ... APPROVED AS TO FORM RICHARD JOEL STERN City Attorney Amok Auk ORDINANCE NO. 13_ PAGE 3 OF _ ROLL CALL VOTE NOTES: 1� r) T \ , I k.it \- c i A ,i) t\4 \ kk ITEM # MEETING OF MOTION BY: ( .5V/ \ SECONDED BY: WO YES NO ABSTAINED COUNCILMEMBER COLEMAN �/ COUNCILMEMBER ECK I C,It.ME.ky, RDY COUNCILMEMBER BARKER Xi COUNCILMEMBER WILSON V VICE MAYOR DIETZ V; MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VO IE NOTES: V)()\ 1� � ,� 11 ITEM# V Y MEETING OF L MOTION BY: )111L \ SECONDED BY: All YES NO ABSTAINED VICE MAYOR DIETZ // COUNCILMEMBER ECK V COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL n ITEM NO. 6 I MOVE THAT ORDINANCE NO. 1369 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1369 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO. 1369, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO 1369, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 10-39, DECLARING ADMENDMENTS TO ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME BASED OCCUPATIONS PERMITTED AS A PUBLIC RECORD/ORDINANCE NO. 1362,TEXT AMENDMENT TO THE CITY'S HOME BASED OCCUPATION DEFINITION, AM-2-08 2. Will ASSISTANT PLANNER TODD KENNEDY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. a. Gyo J Ci J o acheJunction Home of the .Super /itlon Mountains 4#1ZOp* rEi Print TO: City Manager's Office FROM: Todd Kennedy, Assistant Planner DATE: January 4,2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE 1362, A TEXT AMENDMENT TO THE CITY'S HOME-BASED OCCUPATION DEFINITION (AM- 2-08). ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This case is a city-initiated text amendment to the city's definition of home-based occupations. Proposed is an amendment to Article 5 (Definitions) and Article 6 (General Provisions)for this new amendment. At their meeting of September 28, 2010 the Planning and Zoning Commission voted 6-1 to recommend to the city council approval the home-based occupation text amendment FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: The Commission recommended approval. ATTACHMENTS: Click to download O Council Staff Report Memo • Resolution 10-39 D Ordinance 1362 O Text Amendment Language O PZ Commission Staff Report O Commission Ordinance No. 1362 13 Current Home-Based Occupation Definition Pv.CH O U -� 1- Z City of Apache Junction 4q+ SNP Development Services Department MEMORANDUM DATE: January 4th Council Hearing TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Brad Steinke, Development Services Director Fred Baker, Planning Division Manager Rudy Esquivias, Senior Planner FROM: Todd Kennedy,Assistant Planner SUBJECT: Council Public Hearing Item: AM-2-08/Proposed Ordinance #1362-Proposed changes to the City's definition of Home-Based Occupation and establishing criteria for Home-Based Occupations(HBOs). Proposal Description: This case is a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions, and Article 1-6 General Provisions and Exceptions proposing to amend the definition of `home- based occupation" by adding a reference to a new section; and adding a new section (Section 1-6-21), which better clarifies and establishes criteria for home- based occupations. November 15th Council Work Session This case was presented to City Council at their Work Session on November 15, 2010. At their work session, there were some concerns raised about the clarification of some of the criteria in Table 6-1 including parking and inside storage of goods and materials. Those concerns have been addressed based on the information received by Council and are highlighted in the attached draft ordinance. Attachments: 1. Draft Resolution #10-39 2. Draft Ordinance #1362 (with Council-requested changes) 3. Planning and Zoning Commission Staff Report with all attachments. omak „aft, RESOLUTION NO. 10-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A R.S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, such codes or public record include regulatory codes such as zoning ordinances, including those pertaining to zoning ordinance definitions and general provisions and exceptions; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS . SECTION I IN GENERAL That certain document entitled "Amendments to Apache Junction City Code, Volume II, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITIONS and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, " three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. RESOLUTION NO. 10-39 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S . INSALACO Mayor ATTEST- KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney RESOLUTION NO. 10-39 PAGE 2 OF 2 e/j/ ORDINANCE NO 1362 WI" AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED" , REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES WHEREAS, this case was originally presented to the Planning and Zoning Commission on March 25, 2008, for discussion and at several additional Work Sessions for review and discussion; and WHEREAS, the current definition of "Home-Based Occupation" has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations; and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not-permitted uses, and criteria for establishing Home-Based Occupations; and WHEREAS, the Planning and Zoning Commission, at their meeting of September 28, 2010, recommended in favor of the amendments to the Definitions and General Provisions and Exceptions Sections of the Zoning Ordinance in Case No AM-2-08 by a vote of 6 to 1; and WHEREAS, Arizona Revised Statutes Annotated (herein after "A.R. S " ) § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to definitions and general provisions and exceptions, and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the zoning ORDINANCE NO 1362 PAGE 1 OF 3 .. ordinances for signs, billboards, nameplates, and other outdoor advertising by amending Article 21 . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS - SECTION I IN GENERAL 1 . That existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITIONS and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, is hereby amended. 2 That certain document known as "Amendments to Apache Junction City Code, Volume II, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITION OF HOME-BASED OCCUPATION and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME- BASED OCCUPATIONS PERMITTED, "three copies of which are on file in the office of the City Clerk of the City of Apache Junction, which document was made a public record by Resolution No. 10-39 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance" , pursuant to A.R.S . § 9-802 SECTION II REPEALING ANY CONFLICTING PROVISIONS - All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . SECTION IV PROVIDING FOR PENALTIES After the City exhausts all of its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1-8 PENALTY. ORDINANCE NO. 1362 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. 0- r2 . 28 .10 RICHARD JOEL STERN City Attorney ORDINANCE NO 1362 PAGE 3 OF 3 ogiN (Modified on January 4 , 2011 ) AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II , CHAPTER 1 , ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1- 6-21 HOME-BASED OCCUPATIONS PERMITTED AMENDED SECTIONS SECTION 1-5-1-B DEFINITIONS; RULES OF INTERPRETATION SECTION 1-6-21 GENERAL PROVISIONS AND EXCEPTIONS The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions, Section 1-5-1-B shall be amended as follows : Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation; and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood. Home Based Occupations are subject to the provisions in Section 1-6-21 Home Based Occupations Permitted. The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 1-6 General Provisions and Exceptions, Section 1-6-21, shall be amended p � as follows: 1-6-21 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES. A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1. The purposes of the home occupation regulations and criteria are: 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning districts; 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied; 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria; 6) To enable the fair and consistent enforcement of these home occupation regulations; 7) To promote and protect the public health, safety and general welfare, 8) To ensure that all home-based occupations, which receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements. 2 . CRITERIA. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 . A check mark "Y" indicates that the criteria applies in the applicable district. A check mark "NO" indicates that the criteria does not apply. • 3. HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood. 4 . HOME OCCUPATIONS NOT PERMITTED. The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home occupations in Residential Zoning Districts: medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses; vehicle restoration or conversion for commercial purposes; engine repair; furniture refinishing; gymnastic facilities; outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subiect to code requirements) ; machine, welding or metal shop; retail sales of inventoried and/or in-stock products directly from the premises; commercial food preparations and catering; contractor shops; mortuaries; medical procedures, body piercing and/or painting, tattoos; the use of a residence as a type of store, where products are purchased directly. 5. UNSAFE HOME OCCUPATIONS. If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an order to the dwelling owner and/or tenant of the property on which the home occupation is being undertaken to correct the dangerous or unsafe situation or terminate the use The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe. Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation. Table 6 - 1 Home Occupation Criteria by Zoning District *CR-1/ Residential CR-4/ CR-2/ uses in GR *R1-43 CR-3/ CR-5/ TH other Criteria R1-8 R-1 Zones 1 The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and shall be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code 2 The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident of the premises 3 Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance 4 No more than one (1) non- resident employee shall be Y Y Y y y NO permitted to work at the home occupation. 5. Not more than twenty-five percent (25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation. 6 Customer hours shall be Y Y Y y y NO between 8 OOAM &8 OOPM (*These districts include MH Districts) *CR-1/ CR 4/ Residential GR *R1-43 CR-2/ Uses in CR-5/ TH CR-3/ other Criteria R1-8 R-1 Zones 7.The home occupation operator shall demonstrate that public facilities& utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation. 8 Any inside storage of goods & materials shall not include flammable, combustible Y Y Y Y Y Y toxic/hazardous or explosive materials (Typical consumer household goods and materials not included ) 9 Parking for home occupation customers shall be provided in the driveway or in the street& Y Y Y Y Y NO shall not create hazards or street congestion 10 Outside storage of heavy equipment or material shall be Y Y Y Y Y Y screened from any public view 11 No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard 12 Any motorized/mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 13 No generation of dust, odors, noise, or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line. 14. Deliveries and pickups for home occupations shall occur only between 8:00 a.m. &8:00 Y Y Y Y Y NO p.m. and shall not block traffic circulation (*These districts include MH Districts . ) ook ORDINANCE NO. 1362 AN ORDINANCE OF THE MAYOR AND CITY CO IL OF THE CITY OF APACHE JUNCTION, ARIZONA, A DING THE APACHE JUNCTION CITY CODE, VOLUME II, AND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE RTICLE 1-5 DEFINITION OF HOME-BASED OCCUPATION ND ARTICLE 1-6 GENERAL Almbk PROVISIONS AND EXCEP ONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMIT D, IN CASE AM-2-08 BY AMENDING AND ADDING PROVISON PERTAINING TO HOME-BASED OCCUPATIONS; REPEALING A CONFLICTING PROVISIONS; PROVIDING FOR SEVERABII,,I- Y; AND PROVIDING FOR PENALTIES . WHEREAS, this case was originally presented to the Planning and Zoning Commission on March 25, 2008, for discussion and at several additional Work Sessions for review and discussion; and WHEREAS, the current definition of "Home-Based Occupation" has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations; and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not-permitted uses, and criteria for establishing Home-Based Occupations; and WHEREAS, the Planning and Zoning Commission, at their meeting of September 28, 2010, recommended in favor of the amendments to the Definitions and General Provisions and Exceptions Sections of the Zoning Ordinance in Case No AM- Ambk 2-08 by a vote of 6 to 1; and WHEREAS, Arizona Revised Statutes Annotated (herein after "A.R.S . ") § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection, and ORDINANCE NO. 1362 PAGE 1 OF 3 it .ftk, WHEREAS, pursuant to A R S §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to definitions and general provisions and exceptions; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the zoning ordinances for signs, billboards, nameplates, ,,ft. and other outdoor advertising by amending Article 21 . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1 . That existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITIONS and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, is hereby amended. 2 That certain document known as "Amendments to Apache Junction City Code, Volume II, Chapter 1, Zoning Ordinance, Article 1-5 DEFINITION OF HOME-BASED OCCUPATION and Article 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED, "three copies of which are on file in the office of the City Clerk of the City of Apache Junction, which document was made a public record by Resolution No 10-39 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance", pursuant to A.R. S. § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS • All ordinances and parts of ordinances in conflict with the provisions of this ordinance 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 ORDINANCE NO 1362 PAGE 2 OF 3 competent jurisdiction, such decision shall not affect the Ask AN. validity of the remaining portions thereof SECTION IV PROVIDING FOR PENALTIES After the City exhausts all of its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1-8 PENALTY PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney Ordinance No. 1362 Page 3 of 3 AMENDMENTS TO APACHE JUNCTION CITY CODE , VOLUME II , CHAPTER 1 , ZONING ORDINANCE , ARTICLE 1-5 DEFINITION OF HOME—BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS , SECTION 1-6-21 HOME—BASED OCCUPATIONS PERMITTED AMENDED SECTIONS SECTION 1-5-1-B DEFINITIONS; RULES OF INTERPRETATION SECTION 1-6-21 GENERAL PROVISIONS AND EXCEPTIONS The Apache Junction City Code, Volume II Land Development Code, Chapter 1 , Zoning Ordinance, Article 1-5 Definitions, Section 1-5-1-B shall be amended as follows . Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation, and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood. Home Based Occupations are eiN subject to the provisions in Section 1-6-21 Home Based Occupations Permitted. The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 1-6 General Provisions and Exceptions, Section 1-6-21, shall be amended as follows • 1-6-21 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES A A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 The purposes of the home occupation regulations and criteria are. 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning districts; 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling �► unit, whether owner or renter-occupied; 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria, 6) To enable the fair and consistent enforcement of these home occupation regulations; 7) To promote and protect the public health, safety and general welfare; �► 8) To ensure that all home-based occupations, which receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements . 2 . CRITERIA No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 A check mark "Y" indicates that the criteria applies in the applicable district A check mark "NO" indicates that the criteria does not apply. OmN l 3. HOME OCCUPATIONS PERMITTED A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood 4 . HOME OCCUPATIONS NOT PERMITTED. eiN The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home occupations in Residential Zoning Districts . medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses; vehicle restoration or conversion for commercial purposes; engine repair; furniture refinishing; gymnastic facilities, outdoor recreation activities, medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) ; machine shop/metal working; retail sales of inventoried and/or in-stock products directly from the premises; commercial food preparations and catering, contractor shops; mortuaries; medical procedures, body piercing and/or painting, tattoos, the use of a residence as a type of store, where products are purchased directly. 5 . UNSAFE HOME OCCUPATIONS. If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an ems order to the dwelling owner and/or tenant of the property on which the home occupation in being undertaken to correct the dangerous or unsafe situation or terminate the use The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation. Table 6 - 1 Home Occupation Criteria by Zoning District *CR-1/ CR4/ Residential GR *R1-43 CR-2/ CR-5/ TH uses in Criteria CR-3/ other R1-8 R-1 Zones 1.The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and shall be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code. 2.The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident of the premises 3 Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance 4 No more than one (1) non- resident employee shall be Y Y Y Y Y NO permitted to work at the home occupation 5 Not more than twenty-five percent (25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation 6 Customer hours shall be Y Y Y Y Y NO between 8 OOAM &8 OOPM (*These districts include NH Districts) *CR-1/ CR4/ Residential GR *R1-43 CR-2/ Uses in CR-5/ TN CR-3/ other Criteria R1-8 R-1 Zones 7.The home occupation operator shall demonstrate that public facilities&utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation. 8 Any inside storage of goods& materials shall not include flammable,combustible Y Y Y Y Y Y toxic/hazardous or explosive materials 9. Parking for home occupation customers shall be provided in the driveway or in the street& Y Y Y Y Y NO shall not create hazards or street congestion. 10.Outside storage of heavy equipment or material shall be Y Y Y Y Y Y screened from any public view. 11 No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard. 12 Any motorized/mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 13 No generation of dust,odors, noise,or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line 14 Deliveries and pickups for home occupations shall occur only between 8 00 a m &8:00 Y Y Y Y Y NO p.m. and shall not block traffic circulation. (*These districts include MH Districts ) p,ACHE. F 2 City of Apache Junction 9Ri 00' Development Services Department PLANNING AND ZONING COMMISSION y., DATE: September 28, 2010 CASE NUMBER: AM-2-08/Ordinance# 1362 APPLICANT: CITY OF APACHE JUNCTION REQUEST: DISCUSSION OF MODIFICATION OF THE ZONING ORDINANCE RELATING TO HOME-BASED OCCUPATIONS. LOCATION: CITYWIDE SUMMARY: This is a city-initiated text amendment to amend the Zoning Ordinance to better define new regulations pertaining to Home-Based Occupations (HBOs). An HBO is currently defined in Section 5.0101 "Definitions" of the City Zoning Ordinance. This definition (attached) has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for HBOs. This definition is the only reference in the Zoning Ordinance upon which staff relies to make a "zoning verification" when a request for a home-based business license is processed by the City Clerk's Office. Staff often receives narratives that have only a few words describing their proposed business. That is normally not enough for staff to make a decision and the applicant needs to be contacted so more information can be obtained. Information relating to HBOs was presented at the Commission Work Session on April 13th, the Commission Public Hearing on April 27th,the Commission Work Session on June 8th, the Commission Work Session on July 13th and the Commission Work Session of September 14th. Since the previous Commission meeting, staff has made changes to the proposed draft language based on the comments received from Commission. Those changes include modifications to the criteria in the matrix and in the text, which are both included in the attached draft ordinance. Staff is proposing to amend Section 5.0101 "Definitions" to include a provision that refers to Section 6.0118 "General Provisions and Exceptions" where the new text amendment is proposed to be inserted into the City Zoning Ordinance. RECOMMENDED MOTION: I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(Approval/Denial) of Case No.AM-2-08, a City-Initiated Zoning Ordinance Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, specific to Article 5 Definitions and Article 6 General Provisions and Exceptions, proposing to amend Section 5.0101 and Section 6.0118, as follows: Section 5.0101 shall be amended to read as attached Section 6.0118 shall be amended to read as attached: Todd Kennedy, Assistant Planner Attachments: 1. Draft Ordinance #1362 2. Current Definition of a Home-Based Occupation. DRAFT ORDINANCE NO. 1362 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 5 DEFINITIONS AND ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS IN CASE AM-2-08 BY AMENDING THE PROVISONS OF HOME-BASED OCCUPATIONS, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, this case was presented to the Planning and Zoning Commission on March 25, 2008 and with several additional Work Sessions for review and discussion; and WHEREAS, the current Home-Based Occupation definition has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations; and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not permitted uses, and criteria for establishing Home-Based Occupations . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 5, Section 5 0101 Definitions shall be amended as follows : "Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation, and provided that the residential Ordinance No. 1362 Page 1 of 7 character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood. " Home Based Occupations are subject to the provisions in Section 6 . 0118 General Provisions Home Based Occupations Permitted. Article 6 Section 6. 0118 General Provisions and Exceptions, shall be amended as follows : 6 . 0118 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES. A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 . The purposes of the home occupation regulations and criteria are. 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning residential districts, 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied; 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria, Ordinance No. 1362 Page 2 of 7 6) To enable the fair and consistent enforcement of these home occupation regulations; 7) To promote and protect the public health, safety and general welfare; 8) To ensure that all home-based occupations, which Amok receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements . 2 . CRITERIA. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 . A check mark "Y" indicates that the criteria apply in the applicable district. A check mark "NO" indicates that the criteria do not apply 3 HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood. 4 . HOME OCCUPATIONS NOT PERMITTED. The following list includes, but is not necessarily limited /mk to, the uses that shall not be permitted as home occupations in Residential Zoning Districts - medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses, vehicle restoration or conversion for commercial purposes, engine repair; furniture refinishing, gymnastic facilities; studios or outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) ; machine shop/metal working, retail sales; commercial food preparations and catering; contractor shops, mortuaries; medical procedures, body piercing and/or painting, tattoos . Ordinance No. 1362 Page 3 of 7 5. UNSAFE HOME OCCUPATIONS. If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation in being undertaken to correct the dangerous or unsafe situation or terminate the use . The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation Ordinance No. 1362 Page 4 of 7 Amok Table 6 - 1 Home Occupation Criteria by Zoning District CR-1/ CR4/ Residential GR R1-43 CR-2/ CR-5/ TH uses in Criteria CR-3/ R-1 other R3-8 Zones 1 The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code 2 The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident 3 No more than one (1) non- resident employee shall be permitted to work at the home Y Y Y Y Y Y occupation 4.Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance 5 Not more than twenty-five percent(25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation 6 Customer hours shall be NO between 8 OOAM &8 OOPM 7 Music, art,craft or similar home occupation lessons shall Y Y Y Y Y NO be allowed 8 Home Day Care shall be allowed for both children and Y Y Y Y Y NO adults Ordinance No 1362 Page 5 of 7 CR-1/ CR-4/ Residential GR R1-43 CR-2/ CR-5/ TH uses in Criteria CR-3/ R-1 other Ri-8 Zones 9 The home occupation operator shall demonstrate that public facilities&utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation 10.Storage of goods& materials shall be inside&shall not include flammable,combustible Y Y Y Y Y Y toxic/hazardous or explosive materials 11 Parking for home occupation customers shall be provided only in driveway&shall not create Y Y Y Y Y Y hazards or street congestion 12 Outside storage of heavy equipment or material shall be Y Y Y Y Y Y done away from any public view 13. No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard 14.Any motorized/Mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 15 No generation of dust, odors, noise, or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line 16. Deliveries and pickups for home occupations shall occur only between 8.00 a.m. &8 00 Y Y Y Y Y Y p m and shall not block traffic circulation. Ordinance No 1362 Page 6 of 7 iamk. AN. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: Am bk 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 , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S . INSALACO Mayor ATTEST: /mik KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney Ordinance No. 1362 Page 7 of 7 • t !• �t� 4at%I a'awe/low/ U• ;j; Home of the Superstition Mountains 4R:ZONP eiN HOME BASED OCCUPATION shall mean an activity carried on by the occupant of a dwelling as a secondary use including professional and semi-professional offices when conducted and entered from within the dwelling in connection with which there is no public display of stock in-trade upon the premises. not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation, and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations or noxious fumes or odors which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood Voice(480)982 8002 lAX(480)982 7018•TOO(480)983 0095•www*ay net 300E Superstition Boulevard Apache Junction AZ 35219 I/ ROLL CALL VOTE) / ti' s /0 of NOTE r1 �� / (, ,,,yi _Ai yivotibP 1/4),417 0) AY)11,,tr); V A ', _.- ,, i 1 ,i,' 1 ( ITEM # MEETING F 0MOTION BY: SECONDED BY: / YES NO ABSTAINED COUNCILMEMBER COLEMAN 7 COUNCILMEMBER ECK COtficiCT-LERD,'"' ` COUNCILMEMBER BARKER / COUNCILMEMBER WILSON )/ VICE MAYOR DIETZ MAYOR INSALACO /I/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE 11 NOTES: diI ' ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON COUNCILMEMBER ECK VICE MAYOR DIETZ lt-bEfiNefLIM-E- SERDY- MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL AN. ROLL CALL VOTE NOTES: V7) 11 (1 ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER ECK COUNCILMEMBER COLEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: rt,1 ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCILMEMBER ECK MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT RESOLUTION NO 10-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1 ZONING ORDINANCE,ARTICLE1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED, (BE APPROVED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1362 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1362 by title only Majority vote required.) I MOVE THAT ORDINANCE NO. 1362, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1362,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PUBLIC HEARING ON THE USE OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS 2. Will PROGRAM COORDINATOR HEATHER PATEL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. A. w yF Ci a A ache Junction Home of'/fie Supers/ition Mountains '4Q1zoN* a Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: January 4, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PUBLIC HEARING ON THE USE OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for the Fiscal Year 2011 Community Development Block Grant and State Special Project programs. A public hearing is required by the Arizona Department of Housing to provide the public an opportunity to present potential projects to the city council for consideration. At the conclusion of the public hearing, council will select the project(s) to be submitted for each funding opportunity FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that Council. 1) Conduct a public hearing and review the proposed projects, 2) Select the project(s) to be submitted and designate which project will be submitted for Fiscal Year 2011 CDBG RA funding and Fiscal Year 2011 SSP funding, and 3) Direct staff to begin the preparation of the application (s) and all relevant materials required for application submission. ATTACHMENTS: Click to download 0 Staff Report 0 Proposed Projects FP ACHE✓ U _ , City of Apache Junction 4RIZW.'p Development Services Department MEMORANDUM DATE: December 23, 2010 TO: The Honorable Mayor and City Council THROUGH- George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Fiscal Year 2011 Community Development Block Grant Program including State Special Project Funds—Public Hearing Number 2 REQUEST Staff respectfully requests that the City Council: 1. Conduct a public hearing to receive input and discuss potential projects for the utilization of Community Development Block Grant Regional Account("CDBG RA") funds for Fiscal Year 2011 ("FY11")and State Special Project("SSP") funds for Fiscal Year 2011, 2. Select the project(s)to be submitted and designate which project will be submitted for CDBG RA for FY11 funding and which will be submitted for SSP for FYI I funding, and ........ 3. Direct staff to begin the preparation of the application (s)and all relevant materials required for application submission. Both Programs are Federal grant programs administered by the Arizona Department of Housing ("ADOH") The CDBG funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process. BACKGROUND Since 1974, the United States Department of Housing and Urban Development("HUD")has provided assistance to local communities through the CDBG and SSP Programs These Programs were established to help communities address the following national objectives: 1) Meet the needs of low and moderate income citizens; 1 2) Prevent/eliminate slums and blight in a community, and/or { 3) Address urgent needs to the health/welfare of a community A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization Apache Junction has participated in the CDBG program since 1982 The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding. The City of Apache Junction is anticipating receiving approximately$140,000 in CDBG funds to be used over a two year period of time(January 2012—December 2013) These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The City may retain up 0 to 18%of these funds for administrative costs. This application is due June 1, 2011 In years past,the City partnered with the Town of Payson to receive double funding every other year. The City has chosen to end that partnership as of the FY11 due to expected changes in the CDBG program in the fiscal year 2012 The City of Apache Junction is anticipating submitting an application for the SSP funds which the City may request up to $300,000 to be used over a two year period of time These funds are a statewide competitive grant. The City may retain up to 18%of these funds for administrative costs. The application due date has not yet been determined but is estimated to be winter 2011 Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In fact,to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects. Ultimately,the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process Failure to meet the public participation requirements will result in the disqualification of the City from the programs and an inability to receive funds On October 19,2010 a public meeting was held to solicit input from the public on potential projects for the submission of an application. Technical assistance was provided to the community until December 5,2010 to help formulate a project for consideration and to determine if a potential project meets the requirements of the CDBG program. There were no citizens present during the meeting and no projects were proposed. Additionally, on October 28, 2010 The Leadership Team met to discuss potential projects for presentation to Council Based upon the City's current low to moderate income status,the City must focus their CDBG and SSP efforts on projects that meet one of the following criteria. 1) Is within a designated and approved redevelopment area, e g Crossroads Redevelopment Area, 2) Assist persons within a limited clientele category, e g seniors, disabled, etc ; 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation, and 2 4) Assist neighborhoods that are proven to be low income. During the Leadership Team meeting, three projects were discussed that met the criteria of the CDBG program and that addressed objectives within the recently completed Downtown Revitalization and Implementation Strategy. 1) Complete improvements to North Apache Trail, 2) Install sidewalks along Old West Highway, and 3) Complete drainage improvements on Idaho and Old West Highway. City staff completed a review of the potential projects for eligibility, appropriateness, potential problems, and likelihood of success After researching the proposed projects and consulting with ADOH for eligibility, the following projects were recommended by the Leadership Team a) FYI I CDBG funding to install sidewalks along Old West Highway b) FYI I SSP funding to complete improvements to North Apache Trail DISCUSSION A public hearing is required by the Arizona Department of Housing to provide the public an additional opportunity to present potential projects to the City Council for consideration Staff respectfully requests that Council take into consideration those projects found as eligible in Attachment 1 and those projects presented during the second public hearing as potential projects for submittal Council's direction will enable City staff to prepare and submit the application(s) in a complete and timely manner. RECOMMENDATION Staff respectfully recommends that Council: 1 Conduct a public hearing and review the proposed projects, 2. Select the project(s) to be submitted and designate which project will be submitted for FY11 CDBG RA funding and FY11 SSP funding, and 3 Direct staff to begin the preparation of the application (s) and all relevant materials required for application submission ACTION REQUIRED The following actions are require& 1) Convening a public hearing, 2) Selection of project(s) to be submitted as grant applications, and 3) Council direction to staff to begin the preparation of the application(s) Attachment 1 Proposed Projects Regarding Potential CDBG RA and SSP Funding 3 ) ) rA1-10(:)! W Windsong St 1 E Elmwood St z 6 W Footheil Si. — ,$.''.'1 ' " ,-(-1- E Foottill..Si--r-r.'- c ''''' •V 1,3 r.`3 15- la, IT g z z z 1 Adobe ce ...e /,' .. E Tepee St Rd c z CP z 6 te 'V a: z z "3 a -0 z z rri trs C.? " . 2 -0 V o C. o; Friendship tt FE , a'. Ps. g? 0 4.--C‘i l."'FC E 3 0 L'i Pi gio OA " ..... fe• 'V tE ) Lri 0 0 1:2 9 z ..., -. c Apache Junction z z u I University 1N Superstition -z - Z 7 L Superstition liked Dr _ 6 Blvd ------1 ---T*Ir-- a---r-- = i c: = Z I I 3 . o E Cody St ---4 -; < --‹ z = WVirgini3 et/ Z I I a>_, L Boise , -0 E Scenk, St - ' - E Cactu i 0 5" .---- • T 1 1 11 Wren St " ..r. i 1 i_ 1 i 11 t.A rxiche T rl _____ ____ W Apachect Tr I ..`-': ,ili o- to E June6n St' 3 rt, , E 1st St E 2rirs IP LP .., fis sit. r I r 1, 4144UAtii..! 47. = Ave ,..--- E 4th Ave W 4th Ave 0,, a,-a = c,,, w 4th W 5th =7' E 4th Ave 6 r- I" le, 0 0 AVI2 E %2 E 6th Av , ,,-..„,N,4., e t gl -? ' v, a.= ____-o Broadway y 2, 5 u 0 W Broadway Ave 88 - 1 ';,.N. ..s...._,— L BroadwayAve cc - Rd cip ..., .t = ,l'' , „ .ti r, - .NNTN --a -41 = z.:-....0 6 PAO.' .:PP11Gq ' A ) .: ce Betty :2 8 0 .= 0. •5 ',-. 0 eo E 12th Ave Grable z.,ig trt "E 0 3 E Ftlac -o eri W 15th 'ir.7 c rt V e c ivie 4,1 tISI Lassie '-''' W 17th W lath Av E 17 t h".- n ..it- Ave - - Ave la IV , : CIA ina Ave 15 Ave , o IOW m areP' _24: 4 ' ; - 1...) r , 41'DI k. J poe i.0 mi ...ri - E Navajo Ave .... , _Oahool_2008,Data.' NAVTEQ2003 FY 2011 CDBG Project Old West Highway Sidewalk Improvements 1 . Installation of approx. 580 I.f. of curb & gutter and sidewalk along Old West Highway just west of Idaho Road on the north side of the road. This location is in front of the old Circle K and medical plaza. Estimated cost = $78,103.30; and 2. Installation of approx. 145 I.f. of curb & gutter and sidewalk along Old West Highway between Quik Trip and CAC on the south side of the road. Estimated cost $21 ,646.90. 3. Installation of approx. 1156 I.f. of curb & gutter and sidewalk along Old West Highway just east of Idaho Road on the north side of the road. This location in across the street from CAC on the west side of Winchester. Estimated cost = $180,898.30 1 . 2. & 3. ste i ., • fir. ..- • t a FY 2011 State Special Project North Apache Trail Improvements 4. Installation of approx. 8,779 s.f. of sidewalk, 229 I.f. of curb & gutter, and 26 lights along North Apache Trail between the Phelps Drive and Old West Hwy/Apache Trail interchange heading north toward Idaho Road. Estimated cost $304,729. 4. Elm• C fk,xi ma At �" ro 0.-` o ROL CALL VOTE NOTES: 4 / 1 iii)V \\) , 0\\\ SP))j J [ y...) e ,,jam i l ITEM # J MEETING OF r),, L/l/1A. MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER ECK COUNCILMEMBER BARKER ji VICE MAYOR DIETZ I> COUNCILMEMBER COLEMAN LAtCILMEMBER SERD( / COUNCILMEMBER WILSON MAYOR INSALACO ) UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROJECTS TO BE SUBMITTED FOR FISCALi,YEMZ.2011 CDBG RA FUNDING AND FISCAL YEAR 2011 SSP FUNDING: THAT (AU) BE BMITTED FOR FISCAL YEAR 2011 CDBG RA FUNDING AND NI CI �� BE SUBMITTED FOR FISCAL YEAR 2011 SSP FUNDING; AND THAT STAFF BEGIN THE PREPARATION OF THE APPLICATIONS AND ALL RELEVANT MATERIALS REQUIRED FOR APPLICATION SUBMISSION. PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1370, AMENDING APACHE JUNCTION CITY CODE 2-7-4 BY ELIMINATING THE ONE-YEAR TERM RESTRICTION FOR OFFICERS,AND CHANGES TO LIBRARY BOARD BYLAWS RELATING TO BEING AN OFFICER ON THE LIBRARY BOARD FOR CONSECUTIVE YEARS AND OTHER CLERICAL CORRECTIONS 2. Will LIBRARY MANAGER SPENCER PADEN speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. leak2�= City ofc1�e unction z Hone of the .Super:+•titroil Mountains 4Pi2o1r g Print TO: City Manager's Office FROM: Spencer Paden, Library Manager DATE: January 4, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of proposed Ordinance No. 1370, amending Apache Junction City Code § 2-7-4 by eliminating the one-year term restriction for officers; and changes to Library Board Bylaws relating to being an officer on the library board for consecutive years and other clerical corrections. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The Apache Junction Library Board of Trustees has recommended changes in the board's bylaws relating to board officer membership terms and other housekeeping measures. Ordinance No. 1370 also needs to be considered to remove the term limit of officers Other miscellaneous bylaw amendments relate to the requirement of an annual meeting, adjusting the order of business, removal of members for absences at meetings, and adoption of future amendments to the bylaws This matter was previously discussed at the December 6th Work Session FISCAL IMPACT: Budgetary Approval Not Required — OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Ordinance No 1370 0 Library Board Bylaws ORDINANCE NO. 1370 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, ARTICLE 2-7, LIBRARY BOARD, § 2-7-4 OFFICERS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on October 14, 2010, the Apache Junction Library Board (the "Board) recommended changes to the By-Laws for the Board of Trustees (the "Bylaws") which would not limit the terms of service by any board member serving in officer capacity; and WHEREAS, the Board also recommended clerical changes to the Bylaws relating to amendment consideration and procedures and other clerical qualifications so that the Bylaws reflect the Apache Junction City Code provisions; and WHEREAS, the Mayor and City Council wish to adopt the recommendations of the Board NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . SECTION I IN GENERAL A) That the following Apache Junction City Code provisions be amended to read as follows : § 2-7-4 OFFICERS (A) The officers of the board shall include a president, vice- president and secretary who shall be elected by the members at the first meeting of the board following the 31st day of October each year. Such officers shall serve until the 31st day of October of the next succeeding year (B) In the absence of the president, the vice-president shall preside at meetings . In the absence of the vice-president, the secretary shall serve in that capacity SECTION II REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed ORDINANCE NO. 1370 PAGE 1 OF 2 Ank. Adm. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 . JOHN S. INSALACO Mayor ATTEST- KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN ^, City Attorney ORDINANCE NO. 1370 PAGE 2 OF 2 Ignik AM, BY-LAWS FOR THE BOARD OF TRUSTEES OF THE APACHE JUNCTION PUBLIC LIBRARY ARTICLE I—MEMBERSHIP 1 This public body shall be called "The Board of Trustees of the Apache Junction Public Library," hereinafter referred to as the "Board." It shall consist of seven (7) trustees, who shall be appointed by the mayor of Apache Junction, subject to the approval of the city council,to serve staggered three (3) year terms. 2. All trustees shall be residents of the City of Apache Junction. 3. An "Ex officio" trustee, without voting privileges, may be designated by the mayor, with the approval of the city council, for a term not to exceed one(1) year ARTICLE II—MEETINGS 1 The board shall establish a regular meeting day and time once a month for meetings related to regular business purposes. 2. Special meetings may be called by the Board president or upon request of a majority of trustees Notice of special meetings shall be given to each member at least 24 hours before the meeting. .-. 3 A quorum for all Board meetings shall consist of four(4)-voting members for the transaction of all business The votes of individual members shall be recorded in the minutes Robert's Rules of Order, as adopted by the city council, shall generally govern the parliamentary procedure of the Board, as determined by the City Attorney. 4. As circumstances permit, the order of business at each meeting shall be• Call to Order Roll Call Acceptance of Agenda Acceptance of Minutes of Previous Meeting(s) Correspondence and Communications Librarian's Report Old Business New Business Requests for Future Agenda Items Call to Public Adjournment ARTICLE III—TERMS OF OFFICE 1. Trustees are appointed by the mayor and approved by the city council for three (3) year terms commencing on the first day of November and ending on the 31st day of October three (3) years thereafter, or until their successors are duly appointed and qualified. Terms are staggered so no more than three (3) trustees' terms shall conclude in any given year Re- appointment to the Board may be made at the discretion of the city council, with service of successive terms fully permitted 2. Any member who moves out of the Apache Junction city limits shall be responsible for notifying the library director or library manager Upon receipt of such notification, the position shall be declared vacant Vacancies shall be filled by the city council for the unexpired term of the member affected 3. When any trustee fails to attend at least three (3) consecutive regular meetings of the Board without reasonable excuse, remaining Board trustees shall vote to retain or recommend to the city council that the trustee be relieved of the duties as an appointed member Updated 10/18/10 2 of 5 ARTICLE IV—OFFICERS 1 At the first regular meeting after November 1 of each year, the Board shall elect a president, vice-president and secretary who shall serve one (1) year terms that begin at the first regular meeting of the next month after the election to office Vacancies in office shall be filled by vote at the next regular meeting of the Board after the vacancy occurs, and successive terms are fully permitted 2 The duties of the president shall be to preside at all meetings, insure the agenda is prepared, that items are handled expeditiously, call special meetings, appoint committees, sign all documents authorized by the Board, and generally perform all duties associated with that office. 3 The duties of the vice-president shall be to preside at all meetings in the event of the absence or disability of the President 4. The Secretary shall be responsible for a record of the proceedings of the Board and the Annual financial report as indicated in Article VI(5)(d). ARTICLE V—COMMITTEES Committees shall be appointed by the president for such specific purposes as the Board may require Such committees serve until the completion of the work for which they were appointed and, depending on how they are created, may be subject to the provisions of the Arizona Open Meeting Law ARTICLE VI—RESPONSIBILITIES The Board has the following responsibilities 1 Have charge of the library and all library property Updated 10/18/10 3 of 5 2 Upon request of the city manager, assist in the process of selecting the library director Illustrative examples of assistance include offering the city manager perspective on the Library's strategic vision and the qualities and characteristics needed in a library director; participating in interviews of director candidates and offering the city manager perspective on those candidates. 3 Make, review and enforce all rules, regulations, and by-laws necessary for the administration and government of the library and all library property 4 Solicit and/or review recommendations made by the library director. 5 On or before the first Monday of July of each year, make a report to the city council containing. a) A full statement of all property and money received, where derived and how used and expended b) The number of books,journals and other publications on hand, the number added by gift, purchase or otherwise during the year, the number lost or missing and the number and kind of those loaned A. c) Such other statistics, information and suggestions as may be of general interest d) A financial report, showing all receipts and disbursements of money, which shall be signed by the secretary of the Board ARTICLE VII—AMENDMENTS 1 Amendments to these by-laws shall take effect after one business/discussion session and after passage at a regular business meeting by a quorum of the members and approved by the Mayor and City Council. Any proposed amendment shall be mailed to the Board trustee at least five(5)days prior to the meeting date. Updated 10/18/10 4 of 5 Adopted this day of ,2010 eIN Theresa Nesser, President , Secretary Updated 10/18/10 5 of 5 ROLL CALL VOTE NOTES: pYIV \ y ITEM # MEETING OF MOTION BY: SECONDED BY: V YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER ECK 1 CONJIbFLidEMBER SEIDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON V VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: A ITEM # C MEETING OF ./1,itykr I " MOTION BY: SECONDED BY: YES NO ABSTAINED O C LMEMB R SEROY VICE MAYOR DIETZ 1,) COUNCILMEMBER ECK COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT ORDINANCE NO. 1370 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1370 by title only Majority vote required.) I MOVE THAT ORDINANCE NO. 1370,AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1370,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: ROLL CALL VOTE NOTES: II / ; l ITEM# 4 MEETING OF l MOTION BY SECONDED BY. YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON V COUNCILMEMBER ECK VICE MAYOR DIETZ J COUNCILMEIW it MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 THE WORK SESSION SCHEDULED FOR MONDAY,JANUARY 17,2011 IS CANCELLED DUE TO THE CIVIL RIGHTS HOLIDAY. I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7.00 P.M. BE HELD ON TUESDAY, JANUARY 18, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY. ADJOURNMENT: t � I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS• 1/5//f REG. //41/4 SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO L,/ V VICE MAYOR DIETZ '' _ V COUNCILMEMBER BARKER l/ I COUNCILMEMBER COLEMAN / 1 COUNCILMEMBER ECK COUNCILMEMBER SERDY / V COUNCILMEMBER WILSON V / TOTAL 7 it) + CITY STAFF: ill-1 1 City Manager George Hoffman { Assistant City Manager Bryant Powell I _ City Clerk Kathleen Connelly i City Attorney Joel Stern i Public Safety Director Jerald Monahan I City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern G Development Svcs Director Brad Steinke ' Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz - ii Assistant to the City Manager 0�. ' l 'J Matt Busby r D ! �I I , OTHERS: 1, L4r iifr x'-' • tO" ifb j.19' , . Ai' AIL �`, , ,,,y--- ,,, . tit,,,,, iv- .„, ,_ / l�F1��, fLy�r ) i -rikif W19 I ' Date: ; -- -- /1 City of Apache Junction Item No. Request to Speak Form or eere_ . � d0 Call to The Public 4 (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. ) Do you wish to speak before Council on this item? Yes% NOD Only If Necessary ❑ ❑ I am in fpvor of the proposed Item. n I am opposed to the proposed Item. ; A,' Name (Print) 5.(8 n6WC\_50 - @Ea Address City Zip Code C4B ) 3 //7T Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: *f /--4-1O Cit� pof A ache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out comp - ely and return to the City Clerk prior to the conclusion oft - City Ma ager's Resort portion of the agenda. Do you wish to speak before Co cif on this it m? Yes❑ Not: Only If Necessary am in favor of the prs sosed l e o I . m opposed to the proposed Item. I VI Name (Pri ►t) ,r l Address C' Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: Koji City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes$ Non Only If Necessary ❑ 74,1 am in favor of the proposed Item, ❑ I am opposed to the proposed Item. t4 7/l ct 114 e-vt Name (Print) Address City Zip Code /14V- VS ,5T Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09