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HomeMy WebLinkAbout1986 10.21 City Council Regular Agenda Alb' �s O� Pp ACHE✓Gy PLEASE FILL OUT A "REQUEST TO SPEAK" IF CIL AT CALL A.. nO TOUTHESH PUBLLICDORESS THE ON ANY NON-PUBLIC HEARING U �,,�,�h'.- z ITEM. r ,4, I, ...4.- c6 it y a (�/? uc/1e � 1671Ct1U71 APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD r.., APACHE JUNCTION, ARIZONA 85220 OCTOBER 21, 1986 7:00 P M CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CONSENT AGENDA (All items marked with an asterisk (*) will be considered by the City Council as a group and will be adopted with one motion. No separate discussion will be held on any of these items unless a Councilmember wishes to do so. In this case, the item will be removed from the Consent Agenda and considered separately.) *1. Acceptance of Regular Meeting Agenda *2 Acceptance of Minutes from Regular Meeting of October 7, 1986 INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS Amok AWARDS, PRESENTATIONS AND COMMUNICATIONS Mr Phil Goldsberry, Executive Director, Central Arizona Association of Governments CALL TO THE PUBLIC CITY MANAGER'S REPORT PUBLIC HEARINGS 3. PROPOSED ORDINANCE NO. 530, AMENDMENT TO CHAPTER 3 ADMINISTRATION OF THE CITY CODE, PERTAINING TO REVISIONS AND ADDITIONS TO THE POLICE POLICIES AND PROCEDURES. (With the Emergency Clause)(Postponed Item) 4. PROPOSED ORDINANCE NO. 533, PZ-32-86, Application by Ernest and Bunny Cristall and Larry and Tulane Rollingher to rezone 5 acres, located on the north side of Smoketree Street between Cedar and Warner Drive, from GR General Rural to CR-3 (MH) Single Family Residence. (Postponed Item) 5. PROPOSED ORDINANCE NO. 539 AND RESOLUTION NO. 86-37, ADOPTION OF AND DECLARING A PUBLIC RECORD, THE POLICIES FOR THE USE OF THE LIBRARY'S PROGRAM ROOM (With the Emergency Clause) 6. PROPOSED ORDINANCE NO. 541, REVISION TO THE PERSONNEL POLICIES - SEXUAL HARRASSMENT (With the Emergency Clause)(Postponed Item) 7. PROPOSED ORDINANCE NO. 542, PZ-28-86, Application by Continental Illinois National Bank & Trust Co. of Chicago, Trustee of the Marie Arnold Trust, to rezone a 1.25 acre parcel, located between East 17th Avenue and East 18th Avenue on Wickiup Road, from GR General Rural to Milllirm C-2 Local Commercial District (Postponed Item) /m0. Auk Al 8 PROPOSED ORDINANCE NO 543, AMENDING THE CITY CODE, ARTICLE 2-17 TRANSPORTATION BOARD, BY REDEFINING STAFF DESIGNATIONS. (With the Emergency Clause)(Postponed Item) 9. PROPOSED ORDINANCE NO. 536, PZ-37-86, Application by DAV Superstition Mountain Chapter No 30, Inc , to rezone a 1.6 acre parcel, located on the north side of East Broadway west of Tomahawk Road, from CB-1 Local Business Zone to C-2 Local Commercial District /o 10 PROPOSED ORDINANCE NO. 537, PZ-38-86, Application by Itam Lizzie Lo Curto to rezone a 5 acre parcel, located between East 16th Avenue and East 17th Avenue from South Bowman Road to South Cortez Road, from GR General Rural to C-3/PD General Commercial District by Planned Development. 11 PROPOSED ORDINANCE NO. 538, PZ-39-86, Application by Sylvia Harambasic to rezone a 2.3 acre parcel, located east of Meridian, 300 feet north of the Apache Trail, from GR General Rural to C-3 General Commercial District 12. PROPOSED ORDINANCE NO. 544, AMENDING THE APACHE JUNCTION COMMUNITY SERVICES FACILITY USE MANUAL, USER CATEGORIES (With Emergency Clause) 13. PROPOSED ORDINANCE NO. 545, OPTIONAL DEADLINE FOR FILING NOMINATION PAPERS (With Emergency Clause) OLD BUSINESS None. NEW BUSINESS 14 APPOINTMENT TO THE LIBRARY BOARD 15. PROPOSED RESOLUTION NO. 86-39, AB-86-06, Request by Thomas and Phyllis Vittori, and Merle and Lorena McKay to abandon Fifth Avenue from Conestoga Road to Cortez Road. 16. WATER IMPROVEMENT DISTRICT 17. AMENDED FINAL PLAT, INDIAN SUMMERS CONDOMINIUMS, PHASE II, III, AND IV Amok 18. A. REQUEST FOR APPROVAL OF GOALS AND OBJECTIVES FOR TRANSPORTATION BOARD B. APPROVAL OF RECOMMENDATIONS BY TRANSPORTATION BOARD TO ARIZONA DEPARTMENT OF TRANSPORTATION DESIGN CONCEPT REPORT FOR SUPERSTITION FREEWAY C BILLBOARD POLICY 19. REQUESTS FOR COMMUNITY CENTER FACILITY USE FOR POLITICAL PURPOSES FOR MRS. JEAN PERKINS AND THE APACHE JUNCTION AREA DEMOCRATS 20. OFFICIAL DESIGNATION OF CITY VEHICLES 21. PROPOSED RESOLUTION NO. 86-40, VACATION OF A PORTION OF MANZANITA STREET, EAST OF DESERT VIEW DRIVE (RUBY) 22 COUNCIL DIRECTION ON GROWTH CONFERENCE RECOMMENDATIONS (PUBLIC INFORMATION PERSON, BID TAX, SEWER SYSTEM) 23 AUTHORIZATION FOR BID COMPUTER UPGRADE TO SYSTEM 36 24 APPOINTMENT TO CITY COUNCIL 25. EXECUTIVE SESSION, WORK SESSION, NOVEMBER 3, 1986 EXECUTIVE SESSION, WORK SESSION, NOVEMBER 4, 1986 26 INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REQUESTS OF COUNCIL 27. ADJOURNMENT "THANK YOU FOR ATTENDING THIS MEETING OF THE CITY COUNCIL AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS." CITY COUNCIL REGULAR MEETING OCTOBER 7, 1986 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 7, 1986, at the Apache Junction City Council Chambers pursuant to the notice required by law CALL TO ORDER Adak Mayor Hill called the meeting to order at 7 00 p m INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Baljo led the Pledge of Allegiance ROLL CALL Councilmen Present Councilwoman Taylor Councilwoman Gardner Councilman Baljo Councilman Eidson Vice Mayor Bakkedahl Staff Present Acting City Manager/City Clerk Kathleen Connelly Deputy City Clerk Lori Clark City Attorney David Alexander Controller Keith Lewis Lieutenant Dan Scott Director of Planning Chuck Newcomer Director of Community Services Jeff Bell Director of Library Pam Loui Director of Public Works Rich Broman Others Present: State Representative Roy Hudson ACCEPTANCE OF CONSENT AGENDA Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS. 1 AND 2, BE ACCEPTED AS PRESENTED. CALL TO THE PUBLIC None Introductions of Distinguished Visitors Vice Mayor Bakkedahl introduced State Representative Roy Hudson, and welcomed all those present. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 1 it Am. Acting City Manager/City Clerk Kathleen Connelly, announced that at 7:00 p.m. on October 8, 1986, a Work Session will be held with the Planning and Zoning Commission on the General Plan, that the Arizona Department of Transportation has approved funds for landscaping in the amount of $20,000, and that the city will be receiving a grant in the amount of $150,000 for the construction of a facility for the handicapped. PUBLIC HEARINGS PROPOSED ORDINANCE NO. 533, PZ-32-86, CRISTALL AND ROLLINGHER ) 1 Vice Mayor Bakkedahl opened the hearing to the public. Director of Planning Chuck Newcomer stated that the applicants have not yet returned all of the necessary forms to the city, so would request postponement of this application. Councilman Baljo MOVED THAT ORDINANCE NO. 533, BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF OCTOBER 21, 1986. Councilman Eidson seconded the motion. VOTE Unanimous The motion carried. PROPOSED ORDINANCE NO. 535, ( PZ-35-86, SELLON AND HARDWICK ) tl ) Vice Mayor Bakkedahl opened the hearing to the public. Assistant Planner Doug Williams briefed the City Council on the request for rezoning of two combined parcels of 2.5 acres, located on the southeast corner of Windsong and Main Drive, from General Rural to CR-2 (MH) Single Family Residence Zone, and further stated that the Planning and Zoning Commission recommends approval of the application. Mr. Sterling Hardwick, owner of the west parcel, requested approval of the rezoning. Vice Mayor Bakkedahl asked if there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council, Vice Mayor Bakkedahl closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO. 535, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Baljo seconded the motion VOTE: Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. 535, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING MAP, CITY OF REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 2 APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-35-86 FROM GR GENERAL RURAL TO CR-2(MH) SINGLE FAMILY RESIDENCE ZONE, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. Councilman Baljo MOVED THAT ORDINANCE NO. 535, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion iu. VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO 542, PZ-28-86, ARNOLD ) Director of Planning Chuck Newcomer requested that the application be postponed until the regular meeting of October 21, 1986, as the representative could not be present at this hearing. Councilman Baljo MOVED THAT ORDINANCE NO. 542 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF OCTOBER 21, 1986 Councilwoman Taylor seconded the motion Vice Mayor Bakkedahl explained that Ordinance Nos. 541, 530, and 543, have the emergency clause, and require a 3/4 vote of the Council, and as there are only five members present the Council may wish to postpone these items Councilman Baljo MOVED THAT ORDINANCE NOS 541, 530, AND 543, BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF OCTOBER 21, 1986. Councilwoman Gardner seconded the motion VOTE• Unanimous The motion carried. or. OLD BUSINESS ORDINANCE NO. 486, ADULT BUSINESSES Vice Mayor Bakkedahl explained that about six months ago, the Council heard the ordinance pertaining to adult businesses, and was to become effective October 15, 1986. City Attorney David Alexander stated that upon reviewing this issue, it was found that the availability of area for the adult uses that are addressed by Ordinance No 486 is the question, and at present there is not an area where activities such as this could take place. Vice Mayor Bakkedahl explained that the Council has three possible options, first that the Council take no action, secondly to suspend the ordinance for a period of time; and finally to suspend the ordinance and send it back to the Planning and Zoning Commission for further review Councilman Eidson spoke in favor of either leaving the ordinance as it is, or suspending it for a period of time. Councilman Baljo MOVED THAT THE EFFECTIVE DATE OF ORDINANCE NO 486, BE SUSPENDED FOR 90 DAYS FROM OCTOBER 6, 1986, AND RESCHEDULE FOR THE FIRST MEETING IN JANUARY OF 1987, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 3 IF"-s Adffak AND THAT ORDINANCE NO. 486 BE SENT BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER REVIEW, WITH INSTRUCTION FROM THE CITY COUNCIL THAT A CERTAIN AREA IS PROVIDED WITHIN THE CITY LIMITS FOR THIS TYPE OF BUSINESS TO BE CONDUCTED, AND THAT A COMMISSION INITIATIVE BE CONSIDERED TO ZONE PROPERTY SOUTH OF THE FREEWAY (BORDERING ON BASELINE ROAD, BETWEEN TOMAHAWK AND CACTUS), CI-1 AND THAT THE ORDINANCE INDICATE THAT ADULT BUSINESSES MAY BE CONDUCTED ONLY IN THAT AREA; AND THAT THE MORATORIUM CONTINUE UNTIL PLANNING AND ZONING COMMISSION REVISION. Councilman Eidson seconded the motion. Councilman Baljo stated that to pass an ordinance that is too restrictive, would make the City liable for litigation. VOTE Unanimous The motion carried. SENIOR CENTER FACILITY USE POLICY (Postponed Item_ Director of Community Services Jeff Bell stated that due to concerns pertaining to liability insurance, the approval of this policy was postponed, and that either the City can provide insurance for other organizations to use the facility, or require organizations to provide their own insurance. Councilman Eidson MOVED THAT THE SENIOR CENTER FACILITY USE POLICY BE ADOPTED, WITH AN INSURANCE REQUIREMENT OF $0. (no dollar requirement) l Councilman Baljo seconded the motion. Councilwoman Gardner amended the motion, REQUESTING THAT THE SENIOR CENTER FACILITY USE POLICY BE REVIEWED IN SIX MONTHS. Councilman Baljo seconded the amendment. VOTE (on the amendment): Unanimous VOTE (on the original motion, as amended). Unanimous The motion carried. PROSPECTOR PARK CONCESSION LEASE Director of Community Services Jeff Bell explained that at a previous Council meeting, authorization was given to solicit bids to provide concession services at city facilities, and requested tha dollar amount required for liability insurance by the successful applicant Councilwoman Taylor MOVED THAT THE PROSPECTOR PARK CONCESSION LEASE HAVE AN INSURANCE REQUIREMENT OF $300,000 Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 4 i., 4A=Mr APPOINTMENT TO BOARD OF ADJUSTMENT Director of Planning Chuck Newcomer explained that there is a vacancy on the Board of Adjustment, with an unexpired term to end on June 30, 1987, which was created by the resignation of Mr Sam Gardom, and stated that there are two applicants. Councilwoman Gardner MOVED THAT ALAN THOMPSON BE APPOINTED TO THE BOARD OF ADJUSTMENT. The motion died, due to lack of a second. Councilman Eidson MOVED THAT KEN SANCHEZ BE APPOINTED TO THE BOARD OF ADJUSTMENT. Councilman Baljo seconded the motion. VOTE: Unanimous The motion carried. NEW BUSINESS SIGN ORDINANCE, SEND BACK TO PLANNING AND ZONING COMMISSION FOR_AMENDMENTS _ ) Acting City Manager Kathleen Connelly explained that a work session was held on the Sign Ordinance in September, and amendments were suggested by the City Council at that time. Ms Connelly stated that in order to amend the Sign Ordinance, it must be sent back to the Planning and Zoning Commission Councilman Baljo MOVED THAT THE SIGN ORDINANCE BE REFERRED BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER REVIEW WITH SUGGESTED AMENDMENTS AS FOLLOWS. 1. CHANGE IN MAXIMUM HEIGHT REQUIREMENT 2. AN APPEAL PROCESS TO CITY COUNCIL IF REQUESTED BY THE APPLICANT 3. SQUARE FOOTAGE OF SIGNS PLACED ON VACANT PROPERTY Am_ 4. SANDWICH SIGNS (A-FRAME SIGNS) 5. MORE THAN ONE SIGN ON A POLE (EXISTING) Councilwoman Gardner seconded the motion. Councilman Eidson amended the motion TO REQUIRE THE PLANNING AND ZONING COMMISSION TO HEAR THIS BY NOVEMBER 25, 1986, AND TO BE RETURNED TO THE CITY COUNCIL AT FIRST MEETING IN DECEMBER, 1986. Councilman Baljo seconded the amendment to the motion. VOTE (on the amendment) Unanimous VOTE (on the motion, as amended): Unanimous The motion carried. PROPOSED RESOLUTION NO 86-38, AMENDING POSTING LOCATIONS (With Emergency Clause)) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 5 s City Clerk Kathleen Connelly stated that due to the new Library opening, it is necessary to officially change the location of one of the required posting locations. Councilman Baljo MOVED THAT RESOLUTION NO. 86-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING THE OFFICIAL LOCATIONS FOR THE POSTING OF PUBLIC DOCUMENTS AND OTHER MATERIALS OF INTEREST TO THE GENERAL PUBLIC, BE APPROVED AND ADOPTED. Councilwoman Taylor seconded the motion VOTE Unanimous The motion carried. AWARD OF BI_D_S FOR POLICE SPECIAL CARS ) Lieutenant Dan Scott stated that after again soliciting for bids for Police Special Cars, bids were received with the lower bidders being Arnolds Auto Center and Chapman Chevrolet. Lieutenant Scott recommended awarding the bid to Arnolds Auto Center. Councilman Baljo MOVED THAT THE BID FOR TWO POLICE SPECIAL CARS BE AWARDED TO ARNOLD'S AUTO CENTER, IN THE AMOUNT OF $12,740.70 EACH. Councilwoman Taylor seconded the motion. VOTE In Favor Councilman Baljo, Councilman Eidson, Councilwoman Taylor Opposed Councilwoman Gardner, Vice Mayor Bakkedahl The motion carried. FINAL PLANNED DEVELOPMENT REVIEW, PZ-67-86, D.E.N., INC. ) Director of Planning Chuck Newcomer explained that this is the Final Planned Development Review, for a mini-storage project for D.E.N., Inc., located on Delaware and Greasewood Drives, and recommended approval. Councilwoman Gardner MOVED THAT THE . , FINAL PLAN FOR PZ-67-86 FOR DEVELOPMENT IN CONFORMANCE WITH THE "FINAL DEVELOPMENT/SITE PLAN" SUBMITTED BY THE APPICANT, BE GRANTED APPROVAL WITH THE FOLLOWING STIPULATIONS 1. REQUIREMENTS OF THE FIRE DISTRICT BE COMPLIED WITH. 2 SIGNAGE TO CONFORM TO THE APACHE JUNCTION SIGN CODE. 3. ALL OTHER REQUIREMENTS OF ALL AGENCIES HAVING JURISDICTION BE COMPLIED WITH INCLUDING THE CITY'S STANDARD BUILDING AND IMPROVEMENT PERMIT PROCESS 4. LANDSCAPING TO COMPLY WITH PLANS SUBMITTED, PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY Councilwoman Taylor seconded the motion VOTE Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 6 Ask Ass• �� REQUEST FOR MAJOR AMENDMENT TO PLANNED DEVELOPMENT, SUNRISE R.V. RESORT Director of Planning Chuck Newcomer explained that this is a request by Sunrise R.V. Resort for a major amendment to the planned development, to place a wood-working shop for the residents ordinance the Resort, and recommended approval of the request. Councilman Baljo MOVED THAT THE REQUESTED MAJOR AMENDMENT TO SUNRISE R.V RESORT PLANNED DEVELOPMENT TO CONSTRUCT A WOODWORKING SHOP BE APPROVED SUBJECT TO THE FOLLOWING STIPULATIONS: Amok 1. THAT THE NECESSARY BUILDING PERMITS BE OBTAINED. 2. THAT THE CONSTRUCTION BE IN SUBSTANTIAL CONFORMANCE TO THE SITE PLAN AND BUILDING PLAN SUBMITTED. Councilwoman Gardner seconded the motion. VOTE: Unanimous The motion carried. AUTHORIZATION TO SUBMIT LIBRARY SERVICES AND CONSTRUCTION GRANT PROPOSAL Director of Library Pam Loui requested authorization to submit the application for Library Services and Construction Grant Proposal, to be used primarily for a security system for the new Library. Councilman Baljo MOVED THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF LIBRARY, THROUGH THE ACTING CITY MANAGER, TO SUBMIT APPLICATION FOR LIBRARY SERVICES AND CONSTRUCTION ACT GRANT. F Councilwoman Taylor seconded the motion. VOTE Unanimous The motion carried. ACCEPTANCE OF RESIGNATION FROM CITY COUNCIL AND APPOINTMENT OF NEW CITY Amok COUNCIL MEMBER Acting City Manager/City Clerk Kathleen Connelly stated that on October 3, 1986, Frank Jimenez resigned from the City Council, and further that it is necessary to accept that resignation, and if the Council chooses, to appoint a new member. Councilwoman Gardner MOVED THAT THE RESIGNATION OF FRANK JIMENEZ FROM THE CITY COUNCIL, DATED OCTOBER 3, 1986, BE ACCEPTED WITH REGRET, Councilwoman Gardner also commented that anyone interested in the position on the City Council, should submit a letter of interest by 5 00 p.m. on October 16, 1986. Vice Mayor Bakkedahl seconded the motion Councilman Eidson stated that the Council seat has to be filled by appointment by the City Council, the City Council cannot under the existing code, call for an election to fill this Council seat. VOTE• Unanimous REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 7 s ANN The motion carried. EXECUTIVE SESSION, WORK SESSION, OCTOBER 20, 1986 EXECUTIVE SESSION, WORK SESSION, OCTOBER 21, 1986 ) Councilwoman Gardner MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6 00 P M , AND A WORK SESSION AT 7.00 P.M., ON OCTOBER 20, 1986, IN THE CITY COUNCIL CHAMBERS, AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M., ON OCTOBER 21, 1986, IN THE CITY COUNCIL CHAMBERS. Councilwoman Taylor seconded the motion. VOTE: Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Gardner reported on the conference to take place next week in Wickenburg. Councilman Baljo reminded the Council and public of the meeting October 8, 1986, pertaining to the General Plan. REQUESTS OF COUNCIL Councilman Eidson commented that three members, at this particular meeting, have the ability to appoint a Council member to the vacancy. ADJOURNMENT Councilman Baljo MOVED THAT THE MEETING BE ADJOURNED AT 8.20 P.M. Councilwoman Gardner seconded the motion. VOTE Unanimous The motion carried. *Consent Agenda Items are as follows *1 Acceptance of Regular Meeting Agenda *2. Acceptance of Minutes from Regular Meeting of September 16, 1986 ACCEPTED THIS DAY OF , 1986, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. NORMAN S. HILL Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 8 ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1986 PAGE 9 ROLL CALL VOTE SHEET NOTES iLj ITEM # I MEETING OF 1 G MOTION BY : A SECONDED BY: ,D- YE S NO ABSTAINED COUNCILMAN EIDSON V COUNCILWOMAN GARDNER I COUNCILWOMAN TAYLOR l� COUNCILMAN BALJO VICE MAYOR BAKKEDAHL MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL -1( / =MIL ITEM NOS. 1 AND 2 I MOVE THAT CONSENT AGENDA ITEM NOS. 1 AND 2 BE ACCEPTED AS PRESENTED. PUBLIC HEARING 1 . FOR ORDINANCE NO. 530 Offa ilk 2 . WILL THE DIRECTOR OF PUBLIC SAFETY SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND .•. ANY DISCUSSION ROLL CALL VOTE i PQACHE✓. O 200 DEPARTMENT OF PUBLIC SAFETY U � to O r 1� 1 'IR/ZONP `6ity o C4pache &unction W E McDANIEL September 18, 1986 TO: The Honorable Mayor and City Council FROM: igim The Director of Public Safety THROUGH: The City Manager SUBJECT: Revision of Police Policies Attached please find revisions and additions to our Policy and Procedures Manual. The majority of the changes are to bring the manual in line with the Fair Labor and Standards Act. New job duties and responsibilities are also outlined in the changes. No new positions have been created. These changes only formalize some duties that present employees perform within their positions. Attachment Agenda Approved by 4- - WEM/11 Date Item # Consent Agenda Public Hearing /7/c(e 7 Old Business New Business Postponed Item /7/ 4 3 1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260 Ink Ink �-s ORDINANCE NO. 530 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION, ARTICLE 3-10 PERSONNEL SYSTEM, PERTAINING TO DEFINITIONS OF TERMS, POSITIONS AND DUTIES, HOURS OF WORK, VACATION LEAVE, OVERTIME, RETIREMENT, UNIFORM AND EQUIPMENT, CODE OF DISCIPLINE, BOARD OF INQUIRY, PERSONAL DAYS, Ailmk PERSONNEL/INTERNAL AFFAIRS, OUTSIDE EMPLOYMENT, PORTABLE ROADBLOCK SYSTEMS, AND RENUMBERING TO CONFORM, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Chapter 3 ADMINISTRATION, Article 3-10 PERSONNEL SYSTEM, be amended to read as follows ARTICLE 3-10 PERSONNEL SYSTEM B. That certain document entitled Police Policies and Procedures, City of Apache Junction be amended to read as follows: CHAPTER I. INTRODUCTION 1-05 Definition of Terms Used in the Department Manual 20 Exempt Employee Refer to Rule IX, Section 2 of the City Personnel Policies for definition. 21. Non-Exempt Employee Refer to Rule IX, Section 3 of the City Personnel Policies for definition. CHAPTER 2. ORGANIZATION CHARTS - POSITIONS AND DUTIES 2.08 Community Relations/Training Officer The Community Relations/Training Officer is directly responsible to the Administrative Services Commander. ommk A The Community Relations Officer will develop and implement comprehensive procedures and programs to anticipate, recognize, and appraise crime risk, and to initiate action to reduce or remove such risk. The general goals are: - To coordinate the activities of the department in the field of crime prevention and training. - To prepare and implement long and short term programs dealing with prevention of crime. - To educate the home and business owner in the advantages of planned programs designed to reduce risk and provide optimum protection for dollars spent on crime resistance hardware. - To coordinate such programs with civic, business, and private groups toward a common goal of preventive action. - To provide a broad base for citizen participation in crime prevention programs and projects ORDINANCE NO 541 PAGE 1 of 11 �s The Community Relations Officer will develop expertise with protective systems, glazing, locks, safes, intrusion devices, screening and related security. Emphasis will be placed on, but not limited to, street crimes, crimes against persons, building security, auto theft, shoplifting, property iden- tification, and other property crimes. A working rela- tionship will be established with the news media for crime prevention advertising coverage. The Community Relations Officer shall prepare programs in crime prevention and community crime trends. General programs shall include but not be limited to 1. Training of police personnel in prevention programs. 2. Residence and business protection programs. 3. Worthless check prevention programs. 4. Auto theft prevention. 5. Operation Identification programs. 6. Public Relations Officer in Schools (P.R.O.S.) 7. Neighborhood Watch programs. 8. Self protection for women. 9. Stranger Danger. The Community Relations Officer will prepare weekly and monthly reports that shall present the efforts, surveys and accomplishments of the unit. Reports will be forwarded to the Chief of Police and the Administrative Services Commander Any survey conducted by the Community Relations Officer of any home or business location will be classified confidential and will be prepared in one original and one copy with the following distribution. 1. The original report will be retained by the Community Relations Officer and will be retained under security. 2. The copy will be presented to the home or business owner. The Training Officer shall make available to all department employees all training set by legal mandate or required by appropriate levels of management to assure effective and efficient performance of present or proposed assignments The responsibility for coordinating all training activity related to all Police Department personnel shall be assigned to the Training Officer. B. The Training Officer's duties shall include, but is not limited to the following. 1. Developing and maintaining a master training plan to insure accomplishment of training and objectives. 2. Developing a liaison with A.L E 0 A.C., area colleges and universities, government agencies, businesses, police departments, and other outside trainers to acquire training materials and information on courses available for external training. ORDINANCE NO. 541 PAGE 2 of 11 Ink ow 11. Or=1! 3. Coordinating, scheduling, and evaluating all outside and in-service training classes. 4. Scheduling the use of classrooms and equipment. 5. Developing and maintaining training files. 6 Identifying training needs by interacting with staff and analyzing job tasks. 7. Selecting and supervising in-service instructors. 8. Preparing and distributing course registration forms, and advising key personnel of the names of employees who will be attending outside training courses including dates and times. 9 Coordinating training needs and opportunities within the department and with other law enforcement agencies. 10. Preparing pertinent training materials (i.e., bulletins , manuals, memos) for all personnel. 11. Dessiminating information relating to available training for all personnel. 12. Developing and conducting an employee orientation program for all new employees An inservice training program shall be developed and main- tained 1. Standardized format and guidelines for lesson plan deve- lopment with a statement of performance objectives shall be instituted. An approval process shall be implemented for all lesson plans 2. The lesson plans shall be maintained in the training files under subject area 3. Records of classes shall be maintained on standard forms which include course content, lesson plans, names of attendees, tests given, and course evaluations 4. A monthly schedule of the classroom activities shall be ommk posted on the training bulletin board. 5. Training shall be provided for new instructors on lesson plan development, instructional techniques, performance objective development, learning theory, testing and eva- luating techniques, resource availability. Instructors shall be selected based on their skills, knowledge, and abilities. Outside training classes will be available to personnel as needed for skill enhancement. Criteria for selecting person- nel shall be as follows 1. If an employee wishes to attend a particular school, he/she shall submit a memorandum to his/her supervisor outlining the name of the school, date(s) and times, location, and justification for attending. This shall be at least 30 days prior to the class 2. The sergeant/supervisor shall review the request and sub- mit the request with his/her recommendation to the Lieutenant. ORDINANCE NO. 541 PAGE 3 of 11 �-s 3. The Lieutenant shall submit recommended requests to the Chief of Police for approval. Any denied requests will be returned to the employee with the reasons for disapproval. 4. The Chief will approve/disapprove school requests for all personnel. Those requests which are approved shall be returned to the Training Officer. 5. The Training Officer shall schedule a slot in the requested class and write a memo to the officer advising him/her of the enrollment. Sworn officers will be given an A.L.E.O.A.C. application which must be completed and returned to the Training Officer within 48 hours. 6. One week before the class, the Training Officer shall direct a memo to the enrolled person confirming the class and advising of the location and travel arrangements. The Training Officer will maintain all of the following records in a neat and orderly manner: 1. Individual training files with assessments. 2. Physical fitness information and scores. 3. Range Qualification scores 4. Skills index files 5. Lesson plans by subject area. 6. Tickler files on required training to maintain cer- tifications. 7. Training master plan and monthly reports. 8. Budget file. 9. Training schedules and logs. The Training Officer shall work with the assigned Sergeant on the FTO program and assist with administrative tasks as requested The Supervisor responsible for the training function shall /"•• provide the assigned Training Officer with training in 1. Counseling techniques. 2. Skills, knowledge, and ability assessment techniques. 3. Training opportunities of police agencies. 4. Formal education opportunities. 5. Awareness of affirmative action policies within the training program. 6. Training management techniques. 7. Inventory of resources available to develop an in-service training program. 8. Identification of jobs that require special training and knowledge to perform specific duties and respon- sibilities. ORDINANCE NO 541 PAGE 4 of 11 Aft. ^ IIP^-- The Community Relations/Training Officer shall perform other tasks as directed by the Administrative Services Commander or the Chief of Police. 2.09 Administrative Patrol Sergeant This position, under the general supervision of the Patrol Lieutenant, shall primarily serve as Court Liaison Officer and will supervise a particular shift as needed. Examples of work performed are - Handling of initial arraignments, filing complaints, serving court papers, conducting follow-up for the City Prosecutor and handling pre-trial hearings. - Checking reports written by the Patrol Division on a daily basis. - Being responsible for the Police Department fleet maintenance program and monthly report. - Preparing the monthly patrol activity report - Acting on reported City Code violations and serving city ordinance documents. - Supervising a squad of officers on a particular shift on an "as needed" basis. - Overseeing the Police Department community service program for adults and juveniles. - Performing other related duties and/or special projects as directed by the Chief of Police. 2.12 Cadet Trainee The Cadet Trainee is an individual who is in training at the Police Academy. Because of trainee status a cadet at the Academy is not entitled to overtime compensation under the Fair Labor Standards Act during Police Academy enrollment. 2.13 Identification Technician I The Identification Technician I is directly responsible to the Detective Division Lieutenant for - Assisting at crime scene investigations for the detection of latent impressions and other evidence. - Taking photographs at crime scenes, photographs of suspects and/or evidence using black and white or color photography. - Examining evidence submitted to the laboratory for latent impressions, striation marks and other evidence to attempt to connect evidence with suspects - Collecting, classifying, and identifying fingerprints, and conducting fingerprint searches. - Solving problems encountered in the classification, com- parison, search, and filing of fingerprints. 2 16 Communications Supervisor The Communications Supervisor is directly responsible to the Administrative Services Commander for ORDINANCE NO. 541 PAGE 5 of 11 - Directing and reviewing the work of Communications Personnel. - Receiving and transmitting communications, instructions, and policy to operations as directed. - Assisting in training of dispatchers, reviewing the work of dispatchers during progress and upon completion, and making written performance evaluations of employees. - Giving instructions on special duties. - Assigning specific work areas within the division - Assisting in the operation of the communications operation as needed. - Making records and maintaining files as required. - Preparing daily work schedules for the communication section to insure the full operation of all communication dispatch equipment CHAPTER 3. PERSONNEL 3.01 Work Hours A. Non-sworn Personnel: Non-sworn personnel work an eight (8) hour day exclusive of the lunch time. Emergencies may arise when an employee is not relieved from their responsibilities for a lunch break All non-sworn personnel, except those classified as exempt, shall have a regularly recurring work period of seven con- secutive days. Any hours worked in excess of forty during the work period shall be compensated at time and one-half the employee's regular hourly rate of pay. Starting and ending hours shall be specified by the Division Bureau or Section Commanders B. Sworn Personnel: Sworn Personnel, with the exception of detectives, shall have a regularly recurring work period of 28 consecutive days. Any hours worked in excess of 171 hours during the 28 day work period shall be compensated at time and one-half the employees regular hourly rate of pay. Detectives, except those classified as exempt, shall have a regularly recurring work period of seven consecutive days. Any hours worked in excess of forty during the work period shall be compensated at time and one-half the employee's regular hourly rate of pay. The basic eight hour work day shall be inclusive of the one- half hour lunch period. The Commanders shall make every reasonable effort to insure the lunch period is uninterrupted by recall to work. 3.08 Vacation Leave A. Eligiblity: Eligibility to use vacation credits shall begin after completion of one year of employment. However, in special circumstances employees may be granted special authoriza- tion to utilize vacation leave with pay once the employee has been employed by the department for six months. No member shall be permitted to take vacation leave with pay unless he has earned vacation time equal to the amount of leave requested ORDINANCE NO 541 PAGE 6 of 11 C. Accumulation - Maximum: Members may not accumulate vacation in excess of that established by the rules and regulations of the Personnel Policies of the City of Apache Junction. To prevent the loss of accumulated vacation leave, department members are encouraged to review "Personnel Sick-Vacation Report," which reflects an accumulation of leave earned and taken from each individual member. If the requirements of the service are such that employees s` cannot take part or all of their annual vacation in a par- ticular year, such vacation may be taken during the following calendar year. In cases where employees are unable to use accrued vacation due to departmental workload, an exception may be made with department head and city manager approval. In the event one or more municipal holiday falls within an annual vacation leave, such holidays shall not be charged as vacation leave. Employees who have satisfactorily completed twelve (12) months employment and who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Employees who terminate prior to twelve (12) months of service shall forfeit paid vacation leave. The annual vacation leave policy is as follows: 1 year - 4 years 12 working days 5 years - 9 years 15 working days 10 years - 14 years 18 working days 15 years or more 24 working days I3.20 Classification A. Probationary Period: Civilian employees receiving their probationary appointment or status shall serve a six month probation period, sworn officers receiving their probationary appointment or status shall serve a twelve month probationary period. This period may be extended, on an individual basis, as the need arises, to insure the employees meet the required standards of per- /ak formance. 3 21 Overtime A. Patrolman: Non-exempt patrolmen who work in excess of 171 hours in an established 28 day work period shall be compen- sated with time and one-half the regular hourly rate of pay for all hours in excess of 171. (See City Personnel Policies) Detectives: Non-exempt detectives who work in excess of 40 hours in the established 7 day work period shall be compen- sated with time and one-half the regular hourly rate of pay for all hours worked in excess of forty during the work period. B Civilian Personnel Non-exempt civilian personnel who work in excess of forty (40) hours per seven day work period shall be compensated at time and one-half the regular hourly rate of pay for all hours in excess of 40. (See City Personnel Policies.) C. Justification Justification for overtime may include, but is not necessarily limited to, any of the following ORDINANCE NO. 541 PAGE 7 of 11 s Amok - holdover for completion of an assignment which includes the associated paperwork, - mandatory shoot at the range, - court time, - any in-service training, - instruction. The reason for the overtime shall be explained on the request form which shall be submitted within seventy-two (72) hours from when the overtime hours were worked. Failure to comply may result in denial of request. The employee's supervisor iaft., shall be responsible for the completeness and accuracy of the request. Normally, compensatory time shall be granted within the work period in which it was accrued unless the time given to the employee would hinder the operation of his assignment. In all those cases where compensatory time cannot be given during the work period in which it was accrued (28 day work period for sworn officers [excluding detectives] and the seven day work period for civilian employees and detectives, overtime compensation shall be paid. In all cases, the needs of the department shall be the prime concern. 3.22 Retirement - Arizona State System B. Contributions: Both the employer and the employee contribute equal percentage amounts toward employee retirement. The percentage contributed is revised periodically by the retire- ment system. The employee's normal contributions are credited to the indi- vidual account and cumulative interest is credited at the end of each fiscal year. CHAPTER 4 Uniform and Equipment Possession and Wearing of Uniforms 4 11 Jewelry No visible necklaces, ornamental bracelets or anklets shall be worn with the official uniform. Female employees with pierced ears are permitted to wear one small set of stud earrings. All other visible jewelry shall be limited to watches and no more than two rings on each hand. Uniform Regulations 4 15 Authorized Wearing of Uniform E. Face and eye makeup for female employees shall be applied neatly and thinly and will harmonize with hair color and the color of the uniform or plain clothes Fingernail polish will be limited to colors of light beige, pearl white, light pink, clear, light bronze, or mauve. CHAPTER 5. Policy and Procedures 5 23 Code of Discipline Charge Neglect of Duty (Addition) Failure to supply Rep. - 5 10 - 30 Dismissal name and serial/badge number when requested to do so. Disobedience of Orders ORDINANCE NO. 541 PAGE 8 of 11 Failure to supply name Rep - 5 10 - 30 Dismissal and serial/badge number when requested to do so 5.24 Board of Inquiry L. Inquiry Board Hearing Procedures: 7. Calling of Witnesses - Both the supervisor and the accused have the right to call witnesses. 8 Failure of the Witness to Show - Any Police Department employee who is a witness required for either the super- visor's or the accused's case and who fails to appear will be directed by the Board Chairman to appear. Persons who are not employees of the Department will be requested to appear. 5.27 Personal Days An employee receiving a suspension for a disciplinary reason may work his regular off days in lieu of his regularly scheduled days as the disciplinary time. However, this is at the discretion of the Chief and shall be noted at the time of suspension. 5.55 Personnel/Internal Affairs and Complaints 2. Employee Rights E. Disposition and Reporting 5 When an allegation has been sustained, or when an investigation is to be continued, the Division Commander will take one of the following actions in reference to the duty status of the accused employee: a. Continue the employee on duty, or b. Recommend suspension with pay pending an inquiry board hearing or decision of the Police Chief or City Manager, or, c Recommend inquiry board hearing. „ask 5.58 Outside Employment B Employees engaged in off duty employment shall provide a memorandum through the Chain of Command to the Chief of Police advising of the location of outside employment and a general description of the duties involved 5.58-2 Prohibition of Off Duty Employment G An employee engaged in off-duty employment may be required to terminate said employment if the position is found to be in conflict with the best interest of the Apache Junction Police Department. 5.80-1 Portable Roadblock System "Road Fangs" Whenever a police pursuit is taking place within or about to come into the City, the "Road Fangs" may be put into use under the following guidelines: A. The roadblock system will only be used with permission of a supervisor ORDINANCE NO. 541 PAGE 9 of 11 r-s Amok "wk. B. The system will be set up at a place that is least likely to cause injury to officers, bystanders and the fleeing suspect. C. The system will be placed across both lanes of traffic with patrol vehicles parked off the roadway, but at each end of the system. Emergency lights on the patrol vehicles will be activated. D The supervisor will insure that all normal traffic in the area is detoured and all onlookers and pedestrians are kept at a safe distance. E. Once the system is set up, the supervisor will see to it that the dispatcher and pursuing and assisting units are aware of the location of the roadblock The system will not be utilized unless there is adequate time to notify pursuing agencies/units. F. Under no circumstances will the pursuing units allow their vehicles to drive over the roadblock system. G. The supervisor or officer in charge on shift will carry the roadblock system in his vehicles at all times. SECTION II. REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of i! this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986 SIGNED AND ATTESTED TO THIS DAY OF , 1986. NORMAN S HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 541 PAGE 10 of 11 APPROVED AS TO FORM: DAVID F ALEXANDER City Attorney Amok, Amok ORDINANCE NO. 541 PAGE 11 of 11 ROLL CALL VOTE SHEET NOTES - 1011'i .\ ioL ii!// OD ./Oill tii �'' I ,o , .)) ITEf 1 # 1I MEETING r MOTION BY: SECONDED BY Y S NO ABSTAINED VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON \.4 . oak COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR 1 COUNCILMAN BALJO MAYOR HILL UNANI"^ US , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES j((;')U ?/ ITEM # MEETING OF lb MOTION BY: ` j‘°)\ SECONDED BY: 6,6-ttrt NO ABSTAINED COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR COUNCILMAN BALJO I VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON MAYOR HILL UNANIIOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ask lak ITEM NO. 3 Step 1 I MOVE THAT ORDINANCE NO. 530, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 530, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 530, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 530, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: .+. PUBLIC HEARING 1 . FOR ORDINANCE NO. 533, PZ-32-86 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE , AND PRESENT RECOMMENDATIONS . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6 . IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST ) CLOSE PUBLIC HEARING '" . CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE , ..... y--- , --- ,,c,,,PeACH,jG:►`;'gip U ism'' '� -4,0 Z I) j gRiZpNP..../ `Oily o 04pache cOunction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 30, 1986 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: KATHY CONNELLY, ACTING CITY MANAGER Xe" FROM: 4,it / CHUCK NEWCOMER, DIRECTOR OF PLANNING PREPARED : JIM NAKAGAWA, DEPUTY DIRECTOR ASSOCIATE PLANNER SUBJECT: AGENDA ITEM - OCTOBER 7, 1986 - PUBLIC HEARING PZ-32-86 (ORDINANCE NO. 533) BACKGROUND APPLICANT: Ernest and Bunny Cristall and Larry and Tulane Rollingher REPRESENTATIVE: Judith Van Houten LOCATION: North side of Smoketree Street between Cedar and Warner Drives CURRENT ZONING: General Rural GR PROPOSED ZONING: Single Family Residence CR-3(MH) GENERAL PLAN DESIGNATION: Medium/High Density Residential Opportunity GROSS ACREAGE: 5 acres NET ACREAGE: 4.08 acres or 176,018 square feet CURRENT LAND USE: vacant ....... SURROUNDING LAND USE: North - mobile homes and horses South - mobile homes East - mobile homes West - vacant SURROUNDING ZONING• North - Single Family Residence CR-3(MH) South - Trailer Homesite TH East - Trailer Homesite TH West - General Rural GR SITE CHARACTERISTICS level parcel Agenda Approved by /1f- Date Item r Consent Agenda Public Hearing A I/-(' 9 Oid Business l.:av Business / Postponed Item /0%)i/ 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220 0190 • TELEPHONE (602) 982-8002 Honorable Mayor andAiyty Council - PZ-32-86 - Page Two, PLANNING DEPARTMENT COMMENTS AND RECOMMENDATIONS The density of the proposed rezoning request would comply with the General Plan designation for the site. Through changes in ownership, 16 lots of 11,000 square feet each could be created from this parcel . We recommend stipulating that a subdivision plat in this case be filed within one year after approval of the rezoning. If this stipulation is not satisfied, then the approved zone change may revert to its prior classification. We also recommend stipulating that the required rights-of-way be dedicated. The applicant has not submitted the executed quit claim deeds for the ded- ications and we would recommend that your Council continue this case to October 21, 1986. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their regular meeting of September 9, 1986, after public hearing, adopted the following motion: (M/S Davies/Taylor 6-0-0) "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-32-86, an application of Ernest and Bunny Cristall and Larry and Tulane Rollingher for their property described as a matter of public record, requesting rezoning from GR General Rural to CR-3(MH) Single Family Residence Zone developed under subdivison regulations. Any stipulations or recommendaitons are: 1. A subdivision plat must be filed with the City within one year or the zoning reverts to General Rural . 2. The applicants dedicate the West, South, and East thirty- three feet (33' ) of the subject property for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cutoff at intersections. The reasons for this recommendation are: 1. That a subdivision plat would set a precedent for upgrading an area that is sure to develop, and this area should de- velop in an orderly way where the General Plan designates Medium to High Residential Density. 2. That the City would be protected should the applicants sell the property for others to develop. 3. That street improvements and design review are the main benefits to the City from the subdivision process. " The Honorable Mayo^nd City Council - PZ-32-86 - Pam, Three STIPULATIONS IN ORDINANCE 1. A subdivision plat must be filed with the City within one year or the zoning reverts to General Rural . 2. The applicants dedicate the West, South, and East thirty-three feet (33' ) of the subject property for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cutoff at intersections. CRN:JAN:ji PZ-32-86 (Cristall/Rollingher/Van Houten) FOOTHILL STREET— — ___. — — + — -1—ems— — — — — i CR 3 (MH) I I TH f 1 I GR 20 I 38 39 @ale5 LIJ t I x C D I I w �' 0 ;:r$$$$$F �' GR 0: �, �3A TH F- w E ' iw w0/ o - - - - - + StrtO KET-6C E E t-TREE E E� — -I- — — — — — -1- cc ``' ? A ( T 4C H vZit OtCR-1(MH) GR ,.: 1 0 GR 05 ( Gc GR I I 1 1 /I ilt,. REZONING FROM GR (GENERAL RURAL) N TO CR-3(MH) (SINGLE FAMILY RESIDENCE - MOBILE HOME) 0 150 300 600, FEET CITY OF APACHE JUNCTION, ARIZONA REZONING APPLICATION 1. I/We hereby request a change of zoning classification from: Parcel No. 1 From GR To CR3(MH) 2 3 4 2. According to the City's General Plan, what is your property planned for? Residential - Medium/High Density 3. Size of your property: 5.0 [X4 acres [ ] square feet 4. What is built on your property now' Nothing 5. What has been built on the property next to yours? North Mobile Homes South Mobile Homes East Mobile Homes West Vacant 6. Legal description of the property proposed to be rezoned: Lot 16, Section 18, Township One North, Range Eight East, Gila and Salt River Base and Meridian Section 18 , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona. 7. What is your County Assessor's Tax Parcel Number? 100-33-022 8. Why are you requesting this rezoning? To bring the property into conformance with the medium/high density residential use stipulated in the General Plan by creating individual home sites whose uses can remain consistant with the present and future character of the surrounding neighborhood (Please Complete Reverse Side of Form) FOR OFFICE USE ONLY Case Number t)7_ _ _ Proposed Ordinance No. Date Filed �) ' / t ��(Q Application Received by: \ , Receipt No O Fee Amount , Z) Page 1 of 2 Revised 4/25/85 Ask 9. I/We do hereby cez,.lfy that: a. (I am) (We are) the owners of the property described in this application for rezoning and have attached copies of deeds, title reports, or other documents as proof of ownership. b. I/We have read the rezoning procedures and requirements and have truthfully completed this application for rezoning. c. I/We understand the filing fees are non-refundable, the rezoning process to involve public hearings before the Planning and Zoning Commission and the City Council, and action to approve our request is discretionary. d. I/We understand in order to obtain approval of this rezone we may be requested to dedicate portions of our property for public roadway and associated purposes and that the Ordinance establishing the rezoning, if approved, will not become effective until all required quit claims are received and recorded. e. I/We being the owners of the property in this rezoning application have appointed Judith Van Houten as our representative in this rezoning application and have authorized him/her to do anything necessary to have the rezoning considered favorably by the City of Apache Junction, Arizona. (Representative is to complete Item #10 of this pplication form.) 1Ernest L. & BunnyCristall / .,.� ,''�' BY: RickyJ. Lyor t ) Y c/o Northern Equities Company E ST LL as Attorney 5110 N. 40th St. , #201 in Fact Phoenix, AZ 85015 BUNNY CR (602) 957-6524 (2) Larry G. & Tulane Rollingher / 2117HER c�1//,41 Y. Ricky J. Lyons c/o Northern Equities Company LARRY G. as Attorney in 5001 N. 40th St. , #201 "� Fact. Phoenix, AZ 85018 TULANE ROG' R (602) 957-6524 (3) (Print Owner's Name) (Signature) (Mailing Address) (Phone Number) (City, State, Zip Code) (a) (Print Owner's Name) -(Signature) (Mailing Address) (Phone Number) (City, State, Zip Ccde) STATE OF Arizona ) The foregoin_g instrument was acknowledged b fore ) SS me this 15thday of June , 19 bib . couNTY OF Maricopa ) by Kicky J. Lyons as Attorney in Fart My Commission Expires June 30, 1988 NOheRpo 10 I hereby certify that I have been appointed by the grop e y owner(s) rezoning application as their representative and that all correspondence in this matter be mailed to me at their request. Judith Van Houten • (Print representative's name) (S re o representative) 5110 N. 40th St. , (602) 224-9107 (Mailing address) (Phone number) Phoenix, AZ 85018 (City, State, Zip Code) STATE OF Arizona ) The foregoing instrument was acknowledged before } SS me this day of July , 19 8f . COI?ITY OF Maricopa ) by. .jij j i r Van Houten My Commission Expires: _ NOTARY PUBLIC Page of 2 Ore oink ORDINANCE NO 533 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-32-86 FROM GR GENERAL RURAL TO CR-3(MH) SINGLE FAMILY RESIDENCE ZONE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land described as ,0114, Lot 16, Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona. be and hereby is amended from GR General Rural to CR-3(MH) Single Family Residence Zone subject to the following stipulations 1) a subdivision plat must be filed with the City within one year or the zoning reverts to General Rural and 2) the applicants dedicate the West, South, and East thirty-three feet (33') of the subject property for public roadway and asso- ciated purposes along with a twenty foot (20') by twenty foot (20') cutoff at intersections. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this Ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 SIGNED AND ATTESTED TO THIS DAY OF , 19 p Norman S Hill Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM: David F. Alexander City Attorney ROLL CALL VOTE SHEET NOTES )/k6 \‘4 ITEM # MEETING OF 1(12') MOTION BY: SECONDED BY:**A S NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL HILL UNANI"^OUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES /ivi" esk 161/ritjli 64/ /o / ITEM # MEETING OF _ f10TI0N BY. 01 SECONDED BY: E- YES NO ABSTAINED f COUNCILWOMAN TAYLOR COUNCILMAN BALJO , W BAKKEDAHL VICE MAYOR , COUNCILMAN EIDSON , COUNCILWOMAN GARDNER MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES r ,p," k„ nk (1;77 flf3" ,,Y, 3 V i (,t) 7 oL/v , ,,,-)\ vs, , 0)-ii ITEM # 1 MEETING OF r _1E,a _ MOTION BY: SECONDED BY : YES NO ABSTAINED ,''� COUNCILWOMAN TAYLOR COUNCILMAN BALJO , VICE MAYOR BAKKEDAHL / , COUNCILMAN EIDSON COUNCILWOMAN GARDNER ✓/ _MAYOR HILL 1 , UNANI"^OUS , IN FAVOR , OPPOSED . ABSTAINED TOTAL / ITEM NO. 4 Step 1 I MOVE THAT ORDINANCE NO. 533, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 533, BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 533, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 533, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1 . FOR ORDINANCE NO. 539 2 • WILL THE DIRECTOR OF I TRRARY SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE ..„„.. 0....„ O� PQACHF�e, r4,0 ,. ,V_ ,i`,;~riyz o AlPizor0" 'Oily o' &4pache cOunction October 8, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL — THROUGH: ACTING CITY MANAGER," FROM: LIBRARY DIRECTOR, ON BEHALF OF THE LIBRARY BOARD OF TRUSTEES SUBJECT: REQUEST FOR AGENDA ITEM FOR THE OCTOBER 21,1986, CITY COUNCIL MEETING -- RECOMMENDATION OF POLICIES FOR USE OF THE LIBRARY'S PROGRAM ROOM The Library Board of Trustees has reconsidered its previously recommended set of policies and has now formulated an updated version which it feels will best satisfy the needs of the Library for maximum flexibility in presentation of the programs it presents or co-sponsors. It is the Board of Trustees' recommendation that the Library Program Room use be limited to City Departments, other governmental agencies, and public educational institutions beyond the use the Library itself makes of the room because of the heavy scheduling the room already has. Several programs that the library plans to offer are not reflected on the current schedule as the fall programs are just now being arranged by library staff. We do not wish to see the programs of the library be limited because the room designed for offering library events is being used instead as a community meeting room. Members of the Library Board of Trustees plan to be present at both the work session preceeding the October 21, 1986, City Council meeting and at the Council meeting itself to discuss the policies and reasons for them with you. The new version of the Library Program Room Use Policy follows this memo. Agenda Approved by 7e/ Date Item # Consent Agenda / Public Hearing /%// . _ Old Business _ Nc I Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 ACHE.✓1 stiOltak,, rp .,,,,-5 U ; "�3,1 F 1 z r s x NRiZOIAP COits o pac/ e unction October 16, 1986 MEMORANDUM TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ACTING CITY MANAGER 0/ SUBJECT: LIBRARY PROGRAM ROOM USE POLICY On October 21st, the Council will again consider the policy for the use of the library program room. In its amended form, I have no major objection to the policies proposed with the following exceptions: A. Some of the governmental agencies/educational institutions using the facilities will generally be providing programs that are of service to the community. Among those would be the Central Arizona Assoc- iation of Governments (CAAG) who holds regular public hearings in the city on funding strategy, grant availability, private industry assistance, transporation issues, etc. The city is a participant in such an organization and pays an annual assessment to belong. Educational institutions such as the school district do not charge the city for the use of their facilities. .. The council may wish to place exemptions for payment of a fee in the policies or not require a fee at all if the purpose is for a public meeting or to provide a public service. B. A.R.S. §36-601 .01 does not declare smoking in a public place to be illegal . It does permit smoking in facilities open to the public if it is confined to specific areas which are appropriately posted. I do not think the council should declare smoking to be illegal unless it is a policy applied to all facilities and adopted by ordinance after the appropriate public hearings. I would recommend that the council consider amending the wording of this section to include smoking in those areas designated and posted as smoking areas. kmc 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 Asai. Amok rACHF✓G O ,... ,„,z0,,, si y o 04pache o9unction APACHE JUNCTION PUBLIC LIBRARY 1177 N. Idaho Rd. Apache Junction, AZ 85219 (602) 983-0204 FEE SCHEDULE FOR USE OF LIBRARY PROGRAM ROOM Class I -- No Charge Friends of the Library City of Apache Junction Departments Class II -- $5.00 per hour Governmental Agencies Public Educational Institutions 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 Qp.CHE U i z 4P/Z014P g141 . Library Board of Trustees' Draft of Recommendation for the i•o LIBRARY PROGRAM ROOM USE POLICY ROOM CAPACITY 60 I. PURPOSE The Apache Junction Public Library is a public educational, cultural and entertainment facility. As such, many programs under library sponsorship are offered in the program room. To maximize facility use, while reserving priority use by the library, the room is made available to other City Departments, governmental agencies, and public educational institutions under the following guidelines: II. POLICIES 1) All library programs will have priority over non-library programs. 2) No meetings will be allowed in the library if there is any commercial intent or solicitation for profit or sales from the group or organization holding the meeting. 3) Requests for use of library facilities should be arranged at least ten days prior to the requested time; signed responsibility forms must be completed and returned to the Library Director by one week before the meeting. The Library Board of Trustees grants the right of approval for use of the library's program room to the Library Director. 4) Non-profit groups using the library facilities may be allowed to collect internal dues, provided it is not with commercial or profit-making intent. 5) No library services, facilities or materials may be used for fund raising without the express consent of the Library Director. No use of library audio-visual equipment will be permitted. 6) Organizations using library facilities are financially responsible for damages to such. 7) Organizations using library facilities are responsible for all clean up work and or costs resulting from such use. No storage of equipment, supplies or materials will be permitted. 1177 N. Idaho Road • Apache Junction, Arizona 85219 • Phone (602) 983-0204 LIBRARY PROGRAM ROOM USE POLICY 8) A use charge is made so the cost of making the room available will be shared by those using it. Ask at the library informa- tion desk for a copy of the fee schedule. 9) The use charge along with a cleaning deposit of $10.00 must be paid at the time the key is picked up. The cleaning deposit will be returned when the key to the room is returned if, after inspection, the room is found to be clean and there is no damage--the door has been locked and the lights have been turned off. 10) NO SMOKING is allowed in the building at any time (AZ REV. STATUTE 36-601.01) . Alcoholic beverages are not allowed in the building at any time. Use of illegal drugs is also prohibited. 11) Beverages may be served in the lobby area or courtyards, but are not permitted in the library program room. 12) User organizations, except Friends of the Library and City- related groups, must provide proof of current liability insurance. 13) Organizations using the program room must agree to hold the City of Apache Junction free of responsibility and without harm for any personal injury or damage of equipment, as a result of the use of the library facilities. (see application for use form) 14) The key for the program room must be returned to the City Clerk's office immediately after each meeting, no later than 10:00 a.m. the following morning after a night meeting. III. PROCEDURES These policies will be adhered to by the Library Director to insure fair and efficient use of the Library building. illk I y I HEALTH MENACES § 36-601.01 • Ch 6 1 pie or an entire community or neighbor- State ex rel Dandoy v City of Phoenix hood Spur Industries, Inc.v Del E Webb (App 1982) 133 Ariz 334, 651 P 2d 862 Development Co (1972) 108 Ariz 178, 494 Cease-and-desist order issued against the P 2d 700, 53 A L R.3d 861 city by the department of health services 3 Private nuisances pursuant to its claimed regulatory authority • over sanitary landfill operations, if the de- I "Private nuisance" is one affecting a sin- partment failed to properly exercise its au- gle individual or definite small number of thority, was affected by mere legal error persons in enjoyment of private rights not and,as such, was not subject to attack in a common to the public Spur Industries,Inc later proceeding for the enforcement of that v Del E. Webb Development Co (1972) 108 order Id 1 es"„e 4r Ariz 178, 494 P 2d 700, 53 A L R 3d 861 If commissioner of public health, upon Ii' 4. investigation,has reason to believe that (1) 4 Abatement 4 any of the seventeen conditions enumerated 4 Person who suffers injury through a nui in this section exist,or(2)a nuisance exists, sance may abate it without resort to legal or (3) the health laws or regulations are proceedings provided he can do so without being evaded or avoided, then he may fol- y bringing about a breach of the peace State low the cease and desist procedure set forth I ex rel Herman v Cardon (1976) 112 Ariz in this section Op Atty Gen No 58-67. 548, 544 P 2d 657 6. Feed lots 5 Cease and desist order As to residents of community, operation . Subject-matter jurisdiction was vested in of cattle feeding lot with its accompanying the department of health services to enter a odors, flies, etc, was both a public and cease-and-desist order citing alleged defi private nuisance and the residents could ciencies in the operation of certain sanitary have successfully maintained action to landfills owned or operated by the city and abate the nuisance Spur Industries, Inc v _ } directing the city to take designated partic Del E Webb Development Co (1972) 108 ularized steps to comply with the order Ariz 178, 494 P 2d 700, 53 A L R.3d 861 ; s § 36-601.01. Smoking in certain public areas, violation, classifi- i t cation; exception 4ia.` A. Smoking tobacco in any form is a public nuisance and dangerous !' to public health if done in any 1 Elevator, indoor theater, library, art museum, lecture or concert hall, or bus which is used by or open to the public di 2 Waiting room, rest room, lobby or hallway of any health care f institution, as defined in chapter 4 of this title.1 ! 1 3. Public waiting room of health associated laboratories or facilities. 4 Public waiting room of any physician, dentist, psychologist, phy- . siotherapist, podiatrist, chiropractor, naturopath, optometrist or optician. 5 School building B A person who violates this section is guilty of a petty offense C. This section does not prohibit smoking in the areas listed in subsection A if the smoking is confined to areas designated and posted as smoking areas. ! !1 _ Added by Laws 1973, Ch 122, § 1 Amended by Laws 1974, Ch 77, § 1, Laws 1978, Ch. 201, § 611, eff Oct. 1, 1978 ii 1 Section 36-401 et seq I 497 I l Qp,CHE 1► rta -9RiZo p, Mp,a,c11/&,taficuow/guldicJ APACHE JUNCTION PUBLIC LIBRARY APPLICATION FOR USE OF PROGRAM ROOM Date Name of Organization Person Responsible Address Telephone Date Needed Time Period Needed Key Deposit Date/Time Pick-up Key Date/Time Key Returned Condition of Room Good Payment for use of room $ Fair Poor I have read the rules governing the use of the Apache Junction Public ,0°N.4, Library Program Room and I will be responsible for cleaning the room and promise to comply with all the rules outlined in the policy. I further agree to pay promptly any fees charged to me and/or the organization I represent. Our liability insurance is handled by the insurance agency listed below: Name of Insurance Agency Address Telephone Number Signed: Person Responsible 1177 N Idaho Road • Apache Junction, Arizona 85219 • Phone (602) 983-0204 ,ITY OF APACHE JUNCTION AIM Is. 6L- rr/lZJ COMMUNITY SERVICES 1001 North Idaho Road Apache Junction, Arizona 85219 PERMIT FOR USE OF COMMUNITY SERVICES FACILITIES FACILITY/AREA REQUESTED DATE(S) NEEDED (LIST EXACT HOURS REQUESTED ON EACH DATE) DATE HOURS DATE HOURS _ DESCRIPTION OF ACTIVITY NAME OF ORGANIZATION PERSON(S) IN CHARGE MAILING ADDRESS PHONE INSURANCE AMOUNT POLICY NUMBER COMPANY Permittee agrees to comply with all federal, state, and municipal laws, rules, ordinances, regulations and orders with respect to the use and occupancy thereof. Permittee, during the term of this permit, covenants and agrees to indemnify and hold harmless owner from each and every loss, cost, damage and expense arising out of any accident or other occurrence causing injury to or death of persons or damage to property due to the conditions of the leased premises or the use of neglect thereof by permittee Permittee further agrees to provide,pay for and maintain public liability insurance with both owner and permittee named as the insured Permittee agrees that it will pay for any unusual wear, tear, breakage or damage to facility occurring from the public or principals representing the permittee Subsequent to use of the facility, maintenance staff will inspect the premises to determine that no unusual wear, tear, breakage or damage was done Should an inspection reveal damages,permittee shall reimburse the lessor for lull costs necessary to restore facility to its condition prior to its use by permittee The City reserves the right to refund payments made in advance for rental of any facilities,should the City decide the performance is not in its best interests,and cancel the use of the facility on the date or '"114s specified in this permit OTHER EQUIPMENT/ SERVICES REQUESTED CHARGES OPERATION/MAINTENANCE FEES $ PERSONNEL FEES $ CLEAN UP/DAMAGE FEES $ TOTAL DUE $ LESS REFUND $ TOTAL AMOUNT $ APPLICANTS SIGNATURE DATE APPROVAL SIGNATURE DATE r. . ?ACHE✓G 'G Oar ' w'- -�- 0 + 4 Z '9RIZONP ..........„/" 54/2(tekeittftetiArkil/91414C11:4412/1/1" APACHE JUNCTION PUBLIC LIBRARY APPLICATION FOR USE OF PROGRAM ROOM Date Name of Organization Person Responsible Address Telephone Date Needed Time Period Needed Key Deposit Date/Time Pick-up Key Date/Time Key Returned Condition of Room Good Payment for use of room $ Fair Poor I have read the rules governing the use of the Apache Junction Public Library Program Room and I will be responsible for cleaning the room and promise to comply with all the rules outlined in the policy. I further agree to pay promptly any fees charged to me and/or the organization I represent. Our liability insurance is handled by the insurance agency listed below: Name of Insurance Agency Address Telephone Number Signed: Person Responsible 1177 N Idaho Road • Apache Junction, Arizona 85219 • Phone (602) 983-0204 ORDINANCE NO 539 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL That certain document known as the CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY, three (3) copies of which are on file in the office of the City Clerk, which was made a public record by Resolution No. 86-37, is hereby adopted as if fully set out in this Ordinance. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986 NORMAN S HILL Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• DAVID F ALEXANDER City Attorney rs eiS Aar. RESOLUTION NO 86-37 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 11- CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT• 1 That certain document entitled CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY, three (3) copies of which are on file in the office of the City Clerk, are hereby declared to be public record and said copies are ordered to remain on file in the office of the City Clerk 2. That certain document entitled CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY contains sections entitled PURPOSE, POLICIES, PROCEDURES AND FEE SCHEDULE FOR USE OF LIBRARY PROGRAM ROOM PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986 NORMAN S HILL Mayor i ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• DAVID F. ALEXANDER City Attorney ROLL CALL VOTE SHEET NOTES I / r)-)°\ (di,o/ yc Dk, ITEf1 # MEETIN OF lk/ MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMAN BALJO �., VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR MAYOR HILL V UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTEStf< (01,2i itcrei /i9 /) 1 to‘p) /7.0' OP* fij;13-, ITEM # -) MEETING OF MOTION BY: (4(\kk,"l�l SECONDED BY: YES NO ABSTAINED Cotixt444441,NEWer COUNCILWOMAN TAYLOR COUNCILMAN BALJO _ VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER MAYOR HILL UNANI""OUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 5 Step 1 I MOVE THAT ORDINANCE NO. 539, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry;if the vote is not unanimous, the clerk must read the entire ordinance. 5,./.9,,p 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 539, BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 539, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED) . OR I MOVE THAT ORDINANCE NO. READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITHTHEFOLLOWINGAMENDMENTS: AND THAT RESOLUTION NO. 86-37, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION PUBLIC LIBRARY PROGRAM USE POLICY, BE APPROVED AND ADOPTED. slohk PUBLIC HEARING 1- FOR ORfTNANCF NO. 541 2• WILL THE ACTTNC, CITY MANAOFR SPEAK TO THE COUNCIL ON THIS ITEM. 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION i ROLL CALL VOTE PQA-.x.1e-,' CH ECG J p�TI'xk 4 j / (.) `1a1 rsZ ,�` P cOi o packe unction RIZON .0111 September 24, 1986 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: THE CITY MANAGER/PERSONNEL OFFICER rile'7 FROM: THE PERSONNEL ASSISTANT SUBJECT: RECOMMENDED REVISION TO THE PERSONNEL POLICIES - SEXUAL HARASSMENT The City of Apache Junction has always considered sexual harassment inappropriate conduct that would not be tolerated. In the past a complaint of sexual harassment would have been investigated through the Grievance Procedure and if the complaint was determined to be legitimate, disiciplinary action, up to and including termination, would have been taken. The flaw in the present policy is that the first step in our Grievance Procedure is to complain to the immediate supervisor. The courts have recently determined that an employee might be '^ understandably hesitant to make a sexual harassment complaint to the supervisor if the employee felt that same supervisor was the offender. This recommended revision to the policy very specifically defines sexual harassment, outlines the procedure for complaints, states the City's position relating to conduct of this nature, and pro- tects employees from possible reprisals. Agenda Approved by �(1i Date Item # Consent Agenda7777 Public Hearing !—L--f' /,„ / Old Business New Business Postponed Item /C 6, 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220 0190 • TELEPHONE(602)982-8002 These Rules and Regulations are intended to be in addition to, and to supplement, the City's Personnel Policies and in cases where these Rules conflict with the City Personnel Policies, these Rules and Regulations shall apply. LAW ENFORCEMENT CODE OF ETHICS AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peace- ful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I WILL keep private life unsullied as an example to all ; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life. I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compro- mise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will , never employing unnecesary force or violence and never accepting gratuities. I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it a a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession. . .law enforcement. INTRODUCTION 1-00 THE DEPARTMENTAL MANUAL It is impossible to formulate a rule for every situation and this manual is not designed with that intent. The intent of this manual is to provide policies, and procedures, some speci- fic and some general , to provide direction and set limits within which members of this office shall operate. In all cases, common sense shall prevail . 1-01 VALIDITY OF MANUAL CONTENT Any statements in this manual found to be illegal , incorrect, and/or inapplicable shall not affect the validity of the remaining content. Titles in the manual shall not govern, limit, modity, or affect the scope, meaning or intent of any volume, chapter, section, or subsections of this manual . 1-02 UPDATING OF MANUAL Suggestions for additions and/or revisions shall be in writing and the reason for the change shall be given and forwarded to the Administrative Services Commander through the Chain of Command. Many revisions and additions are first made by the issuance of an order. This order shall be a temporary department order which will subsequently result in revised page(s). Pending receipt of the revised page(s), the office copy of the manual shall be noted to indicate an order has revised a particular section or subsection. 1-03 REVISED PAGES When a revision occurs, it shall be the Commander's respon- sibility to brief all his employees of the revision and/or addi- tion. 1-04 GRAMMATICAL CONSTRUCTION The content of the Manual shall be interpreted in accordance with the grammatical rules outlined in the subsections which follow. TENSE The present tense shall also include the past and future. GENDER The masculine gender also includes the feminine. SINGULAR AND PLURAL The singular also includes the plural . MANDATORY AND PERMISSIVE "Shall " is mandatory and "may" is permissive. 1-05 DEFINITIONS OF TERMS USED IN THE DEPARTMENTAL MANUAL manded to the District Court, since the able for sexual harassment by their su- who are historically the greatest offend- District Court had not determined pervisorsSupreme Court did not ers of the rights of blacks A pattern or whether a hostile environment type of (agree with the bank that the mere exis- practice that would have constituted a harassment had occurred in this case. tence of a grievance procedure and a violation of Title VII, but for the fact that The Court of Appeals also held that an policy against discrimination, coupled the statute had not yet become effec- employer is absolutely liable for sexual with Ms Vinson's failure to utilize that tive,became a violation upon Title VII's harassment undertaken by superviso- procedure would insulate it from ha- effective date, and to the extent an em- ry personnel, whether or not the em- bility The Supreme Court stated that ployer continued to engage in that act ployer knew or should have known the bank's general nondiscrimination or practice, he is liable under that stat- about the misconduct policy did not address sexual harass- ute " E E Bazemore. et al. v William The Supreme Court affirmed the re- ment in particular, and therefore, did C Friday, et al, Docket No. 85-93, mand of this case to the District Court, /not give employees notice that their 85-248. July 1. 1986 finding that sexual harassment can oc- employer was interested in correcting The North Carolina Agricultural Ex- cur whether or not it is directly linked to this form of discrimination Additionally, tension Service operated a program the grant or denial of an economic ben- the bank's grievance procedure re- designed to aid in the dissemination of efit where "such conduct has the pur- quired an employee to complain ini- useful and practical information on pose or effect of unreasonably interfer- tially to her supervisor,who in this case subjects relating to agriculture and ing with an individual's work perfor- was the individual accused of sexual home economics The extension serv- mance or creating an intimidating, harassment The Supreme Court de- ice is a division of the School of Agri- hostile or offensive working environ- Glared that it was not surprising that Ms culture and Life Sciences at North Gar- ment" The Supreme Court noted that Vinson failed to utilize this procedure (Continued on page 8) Title VII prohibits discrimination which and report her grievance to him. The affects the "terms, conditions or pnv- Supreme Court concluded that the ileges of employment " For sexual ha- bank's allegation that it should be insu t • - rassment to be a violation of Title VII, lated from liability due to the failure of _ : - - ', ..� according to the Supreme Court, it Ms Vinson to utilize the grievance pro w"l:;i`.. .`. .f. . ''! 1i "must be sufficiently severe or per- cedure"might be substantially stronger z . "�. , vasive to alter the conditions of employ- if its procedures were better calculated W‘ -`4,,,,.. •.J -- t .1,-ment and create an abusive working to encourage victims of harassment to - . •- Ilielliil*l : environment " The Supreme Court ome forward " _ agreed that the District Court had failed Y to consider the hostile environment Employer Liable theory and upheld the decision to re- for Traditional Practice mand this case The Supreme Court declined to is- By unanimous decision, the United F ' ' - .i sue a definitive plan on employer lia- States Supreme Court has ruled that 4 T -- bility in the area of sexual harassment an employer would be liable for wage �;- - .ti .�,, . .. since it was not sure, based on the disparities based on race which oc- t ,,, record in this case whether Mr Taylor curred prior to the effective date of Title t -` - - 4. r---`"`-- made any sexual advances at all, let VII of the Civil Rights Act of 1964, as alone whether they were unwelcome or amended if such practices continued Justice William Brennan wrote the were sufficiently pervasive to constitute after the effective date Justice Bren- Court's opinion that an employer a condition of employment The Su- nan who wrote the opinion for the Su- would be held liable for continuing preme Court did conclude that the preme Court concluded that "to hold race-based wage disparities which Court of Appeals was wrong in decid- otherwise would have the effect of ex- occurred pnor to the effective date of ing that employers are automatically li- emoting from liability those employers Title VII 7 .�. i+ ORDINANCE NO. 541 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3, ADMINISTRATION, ARTICLE 3-10 PERSONNEL SYSTEM, PERTAINING TO SEXUAL HARASSMENT, RENUMBERING TO CONFORM, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS• SECTION I IN GENERAL That Chapter 3, ADMINISTRATION, Article 3-10, PERSONNEL SYSTEM, be amended to read as follows ARTICLE 3-10, PERSONNEL SYSTEM A. That certain document entitled Personnel Policies, City of Apache Junction, be amended to include the following- RULE XIX SEXUAL HARASSMENT SECTION 1. Sexual Harassment Defined Sexual Harassment is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when 1. Submission to such conduct is made either expli- citly or implicitly a term or condition of an individual's employment, 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3 Such conduct has the purpose or effect of unreaso- nably interfering with an individual 's work per- formance or creating an intimidating, hostile, or offensive working environment. SECTION 2. Policy: Sexual harassment, as defined in Section 1, is prohibited. The Personnel Office shall be responsible for formally notifying all employees, division heads, and department heads of the existence of this policy. The City Manager and the Department Heads are responsible for creating an atmosphere in which sexual harassment is completely out of place, taking immediate and appropriate corrective action in response to any confirmed violation of this policy, and assuring that no reprisals are taken against either those who complain or corroborating witnesses. The Personnel Officer is responsible for auditing the operation of this policy, providing counsel, and resolving any unsettled questions which may arise from this policy. ORDINANCE NO. 541 PAGE 1 of 3 SECTION 3. Initiating a Complaint Employees who feel they have been sexually harassed shall imme- diately contact in confidence either 1. The City Manager/Personnel Officer, or 2. The Department Head Amok When a Department Head receives a complaint of sexual harassment from an employee, the Department Head shall immediately notify the City Manager/Personnel Officer. In the event the accusation of sexual harassment is made against the City Manager by an employee directly supervised by the City Manager the complaint shall be made directly to the City Council who shall be committed to investigating the complaint and taking immediate appropriate corrective action of any confirmed viola- tion. SECTION 4 Reprisal Prohibited: The City of Apache Junction is committed to thoroughly investi- gating each complaint and to taking immediate appropriate corrective action on all confirmed violations of this policy The City Manager/Personnel Officer and the appropriate Department Head are responsible for thoroughly investigating and resolving any complaints. SECTION 5 Appeal of Determination: Employees who are dissatisfied with the investigator's deter- mination of a sexual harassment complaint may appeal the deter- l mination directly to the Personnel Board. SECTION 6 Reprisal Prohibited The City of Apache Junction will not allow any reprisal in any form by any employee, supervisor, or department/division head against any complaining employee or corroborating witness. SECTION II REPEALING ANY CONFLICTING PROVISIONS Amok All ordinances and parts of ordinances in conflict with the provi- sions of this ordinance or any part of the Code adopted herein by reference are hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this ordinance or any part of the Code adopted herein by reference is, for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV. DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health, and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO. 541 PAGE 2 of 3 OFP^s PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF ,1986. SIGNED AND ATTESTED TO THIS DAY OF , 1986. NORMAN S HILL Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAVID F. ALEXANDER City Attorney I ORDINANCE NO. 541 PAGE 3 of 3 ROLL CALL VOTE SHEET NOTES 0,),(p4(1/ii:,)/(1') - vo ITEM # (() MEETING OF MOT I ON BY: `N\,ttAA SECONDED BY: Yi7 NO ABSTAINED VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON \j COUNCILWOMAN GARDNER N COUNC ILW MAN TAYLOR "�0 COUNCILMAN BALJO MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .•. .... ROLL CALL VOTE SHEET NOTES i / Q,C 1, ' ej ..... k i \ ki )v6--k jft .. 14,i' ' ' t i OpITEM /I cA MEETING 01 MOTION BY: NM, SECONDED BY: 4 ' . Y=S NO ABSTAINED COUNCILMAN BALJO / VICE MAYOR BAKKEDAHL V ..... COUNCILMAN EIDSON Y COUNCILWOMAN GARDNER ii ' COUNCILWOMAN TAYLOR MAYOR HILL i UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL n de" .... .•. p ITEM NO. 6 Step 1 I MOVE THAT ORDINANCE NO. 541, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 541, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 541, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 541, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1 . FOR ORDINANCE NO. 542, PZ-28-86 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE , AND PRESENT RECOMMENDATIONS . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6 . IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST ) CLOSE PUBLIC HEARING .•-. CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE ...... ....... ,.. PQAHF C ✓G rtitiO, ,,f _.,,,,,,—. __,., ,, _.,...„_ :...2 gR,ZONP c6ity et. 04ac/ze 09unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Als September 30, 1986 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: KATHY CONNELLY, ACTING CITY MANAGER et" FROM. CHUCK NEWCOMER, DIRECTOR OF PLANNING SUBJECT. AGENDA ITEM REQUEST - OCTOBER 7, 1986 PZ-28-86 ORDINANCE NO. 542 BACKGROUND The Commission heard this case as an application for C-3 zoning on August 12, 1986 and voted to recommend disapproval . Staff recommendation at that time was for disapproval . At the Council meeting of September 2, I informed the Council that I had re- evaluated our analysis of the case and recommended that the case be reheard by the Commission. We have since re-advertised, after discussion with the appli- cant as C-2 Local Commercial District. The Commission reheard this case on September 23, 1986. APPLICANT- Continental Illinois National Bank & Trust Co. of Chicago, not personally, but as Trustee of the Marie Arnold Trust REPRESENTATIVE: Ruth Armsby LOCATION. Between East 17th Avenue and East 18th Avenue on Wickiup Road CURRENT ZONING: General Rural GR PROPOSED ZONING: Local Commercial District C-2 GENERAL PLAN DESIGNATION- Medium/High Residential GROSS ACREAGE: 1 .25 acres NET ACREAGE: .8 acre /?:,— CURRENT LAND USE: one mobile home and one single family house Agenda Approved by Date Item # SURROUNDING LAND USE: North - vacant Consent Agenda South - vacant Public Hearing /%y 6, J.-- East - Apache Propane West - single family home Old Dimness New 811.5 4ss Rostponedi Mern 'O%/ - 7 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220 0190 • TELEPHONE (602) 982-8002 .00 SURROUNDING ZONING: North - General Rural GR South - General Rural GR East - General Business CB-2 West - General Rural GR PLANNING DEPARTMENT RECOMMENDATIONS Our previous recommendation based on the application for General Commercial Zoning (C-3) was for disapproval and I feel that these comments are still very valid for C-3 zoning. However, for the less intensive Local Commercial District (C-2) , I offer the following considerations: 1 . Uses permitted in C-2 would be more compatible with the residential properties in the neighborhood. 2. Floor area per business would be limited to 4,000 square feet. 3. The wash along the east property boundary could help serve as a natural barrier and a wall would be required to be constructed on the east. 4. The Apache Propane installation is directly across the street from the site making the site less than desirable for residential uses. 5. Wickiup Road is a "collector street" with close proximity to Highway 60. 6. The property to the North will probably develop fairly intensively in the future. Therefore, staff recommendation is for approval to the C-2 district with the following stipulations: 1 . That the mobile home on the subject site be removed prior to commercial use of the site. ,.� 2. Applicant dedicate the North thirty-three feet (33' ) , the South thirty- three feet (33' ) , and the East thirty-three feet (33' ) of the subject property for public roadway and associated purposes along with twenty foot (20' ) by twenty foot (20' ) cutoffs at intersections. Additionally, staff would recommend the stipulation of site plan approval prior to commencement of construction. PLANNING AND ZONING COMMISSION RECOMMENDATIONS The Planning and Zoning Commission at their regular meeting of September 23, 1986, after public hearing, adopted the following motion. (Taylor/Jorgensen 5-2-0) "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-28-86, an application of Continental Illinois National Bank & Trust Company of Chicago, not personally, but as Trustee of the Marie Arnold Trust, Alan W. Kral , Trust Officer, for her property described as a matter of public record, requesting rezoning from GR General Rural to C-1 Neighborhood Commercial/Convenience District. Any stipulations or recommendations are• 1 . That the mobile home on the subject site be removed prior to commercial use of the site. 2. The applicant dedicate the North thirty-three feet (33' ) , the South thirty-three feet (33' ) and the East thirty-three feet (33' ) of the subject property for public roadway and associated purposes along with twenty foot (20' ) by twenty foot (20' ) cutoffs at intersections. The reasons for this recommendation changing the request from C-2 to C-1 is: 1 . It's 80 plus feet off the highway which is breaking new ground that abuts to single family housing on the east. The applicant has stated that they will have to get a Special Use Permit to do what they want to do, and at least not having a C-2 would reduce the impact on a neigh- borhood that really is not a bona fide commercial prospect according to the General Plan." Mrs. Davies desires the Council to know that the Commission had incomplete infor- mation so this had to be their choice. Mr. Taylor stated this was one reason this motion was made for C-1 because the representative is not at liberty to say what will be going in there, but she did say they would have to obtain a Special Use Permit. This motion passed 5-2-0 with Mrs. Conway and Mr. Vehon dissenting. Mrs. Conway stated her feeling is this case should have gone to the Council with the original recommendation rather than it being changed by the P & Z. STIPULATIONS IN THE ORDINANCE. 1 . That the mobile home on the subject site be removed prior to commercial use of the site. 2. The applicant dedicate the North thirty-three feet (33' ) , the South thirty-three feet (33' ) , and the East thirty-three feet (33' ) of the subject property for public roadway and associated purposes along with twenty foot (20' ) by twenty foot (20' ) cutoffs at intersections. CRN•jo el\ elk PZ-28-86 GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL DISTRICT E 16th Ave. ~N VACA• T N. C- N VACANT N N 6,,9h N I E 17th Ave. I� y6O \NN /'), 1 7 1 N N MH SFH I NN I C3-2 25/ I APACHE PROPANE N N E. 18th Ave ,I-- — — — — I N 1 IIN 1 WICKIUP ii VACANT I MHP I C-4 s_ 6 THaI c ti I 12 U o 1 I to L I E. 19th Ave. j 1 ccs ..... I I I 1 ; I I I 1 I I i ti E 20th Ave. L_ , _ _ _ — ^ I _ - _ __ ._i_ / SUBJECT SITE j ; LI;V4ITS OF ZONING (REMAINDER IS CENER:L RURAL) L-_.1 I. ( 1 Scale. 0 200 400 p CITY OF APACHE JUNCTION, ARIZONA REZONING APPLICATION Q/ f `,1'' r 1. I/We hereby request a change of zoning classification from: g. Parcel No. 1 From g/Q To 2 C-02r". 2. According to the City's General Plan, what is your property planned for? ^ 3. Size of your property: /7 i [PI—acres [ ] square feet 4. What is built on your property now? Ato,i S c /11 p,B G f-/am6 5. What has been built on the property next to yours? North U 1\C A N T South U A c, A AJ 1- East i)vizitETT-)2opAry West mo@,ILE H©m ES 6. Legal description of the property proposed to be rezoned: El / S ` o lU F_ '/q- K) w '/4 w 'lq Sec-110N) 2 7- /N - F E C + S R, s- !Y1 . Section c 7 , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Final County, Arizona. 7. What is your County Assessor's Tax Parcel Number? /0,3 -4 O - no -7 /3 8. Why are you requesting this rezoning? r-Pf`or r Ty IS i /J A 7 r lk s 1- f\!VD AlirAiSoR SA1D 1 H & 8657 AND 14161-IESr SE C)4 1 1-I1 S r -}) r er r5 jhu_ Id h e -Po h e 0 m m e r C / A RA r po Se S , B//1/K O FFi�C / R� u ST/ti 7f-I/ S KCZoNItis ,SO w Q•AN lrlReKEr- To_ RoP&aTY, (Please Complete Reverse Side of Form) • FOR OFFICE USE ONLY Case Number � � �� Proposed Ordinance No. Date Filed C- 2 7- () Application Received by: Receipt No. 07X2 Fee Amount 9SO `L) Page 1 of 2 Revised 4/25/85 9. I/We do hereby cer__ry that: a. (I am) (We are) the owners of the property described in this application for rezoning and have attached copies of deeds, title reports, or other documents as proof of ownership. b. I/We have read the rezoning prc•cedures and requirements and have truthfully completed this application fo_ rezoning. c. I/We understand the filing fe are non-refundable, the rezoning process to involve public hearings be :ore the Planning and Zoning Commission and the City Council, and action to approve our request is discretionary. d. I/We understand in order to obtain approval of this rezone we may be requested to dedicate portions of our property for public roadway and associated purposes and that the Ordinance establishing the rezoning, if approved, will not become effective until all required quit claims are received and recorded. e. I/We bein he owne s of the property in this rezoning application have appointed 19/DAn,-A Y as our repr e tative in this rezoning application and have authorized him/her to do ny 'hing necessa y to have the rezoning considered favorably by the City of pache Junc o Arizona. (Representative is to complete Item #10 of t s plicat fo ) Continental Illinois Naional Bank and Trust Company of Chica o, not personally, but adl)'ru fttge of the Marie Arnold Trust BY (Print Owner's Name) Lure A an W. ra , Trust Officer 30 N. LaSalle. Street 312 828-5961 ,(Mailing Address) e r Chicago, I1 60697 # (City, site,,Zip Code) (2) (Print Owner's Name) (signature) (Railing Address) (Phone N acoer) (City, State, Zip Code) (3) (Print Owner's Name) (Signature) (Mailing Address) (Phone Humber) (City, State, Zfp Code) (4) Nuz) (-Sivaturc `�lfiiist�a`r°"Q'• ++� , ram°Nfe,r (Hailing Address) (Phone Nuaber) - +�• .•r.,, • wig . "��-_r •'� �� (City, State, Zip Code) e1 Re Q STATE a The foregol Q strulne s"acknowledged to • • L y l�� day ' �—/..«— SS. oe thf . of 19 :f V r' 10 .4, tb COUNTY OF by: HL.SA.v t - 1b Coasission Expires: /�`/�`;: 7 ��. ./r'�,��//L//. // /.. ��•...........•'.t\``���jv•; 1 _ ' P' •I.: :• • A Ataei ,r 10. I hereby certify that I have been appointed by the property owner(s) in this .,.,.K.•-1 rezoning application as their representative and that all correspondence in i. this matter be mailed to me at their r aues . ( r nt r resentat{ve s n } rat re o representative) S� ,r l (t) 9/'lc) 7620 . `hat ling rre s) (Phone nun^er c? . P d/ 7 ity, Late, p .e .ATE n nstrumr"nt w s acknowledged before FICIAI COUNTY AktELA P#1T h day� {}// �(^ • /,, 1119(CL_, Ky ,i •1 a 1Y^ .'� 1'I.C�'�. ?. L (1� /� i RI It `C4� '% (� a (l/ y� :•%11Nry d hk C:I,:rl Exo.res,aae 19 1990 640TARY PUBLIC 2 ORDINANCE NO. 542 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-28-86 FROM GR GENERAL RURAL TO C-2 LOCAL COMMERCIAL DISTRICT, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land described as East 165 feet of the South half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona be and hereby is amended from GR General Rural to C-2 Local Commercial District subject to the following stipulations 1) that the mobile home on the subject site be removed prior to commercial use of the site and 2) the applicant dedicate the North thirty-three feet (33'), the South thirty-three feet (33') and the East thirty-three feet (33') of the subject property for public roadway and associated purposes along with twenty foot (20') by twenty foot cutoffs at intersections. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this Ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 SIGNED AND ATTESTED TO THIS DAY OF , 19 .0\ Norman S. Hill Mayor ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM: David F Alexander City Attorney ROLL CALL VOTE SHEET NOTES \)1) eA\PL\ f)( 40;4 ITEM # MEETING OF MOTION BY: T SECONDED BY: /ES NO ABSTAINED COUNCILWOMAN TAYLOR I COUNCILMAN BALJO VICE MAYOR BAKKEDAHL :(// COUNCILMAN EIDSON COUNCILWOMAN GARDNER J MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES IH\ctri' 0J\ 0/2/ITEM # 1 MEETING OF MOTION BY: CPS SECONDED BY: 6-Yj YES NO ABSTAINED COUNCILWOMAN TAYLOR 1 , COUNCILMAN BALJO , VICE MAYOR BAKKEDAHL / COUNCILMAN EIDSON COUNCILWOMAN GARDNER J MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 4,006. ITEM NO. 7 Step 1 I MOVE THAT ORDINANCE NO. 542, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 542, BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 542, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 542, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: A. is PUBLIC HEARING 1- FOR ORDINANCE NO. 543, 2. WILL THE ACTING CITY MANAGER SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION . ROLL CALL VOTE /sik, (c PQ A G2 r milk :; ,, z P it o ,. -pache unction if ivzo\A October 1 , 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER/CITY CLERKI`2 SUBJECT: ORDINANCE NO. 543, TRANSPORTATION BOARD The city transportation board has been conducting regular meeting since May. During the past several months, it has become obvious that the majority of the communication with the board and other agencies res- ponsible for transportation-related issues comes from the Department of Public Works. The original ordinance establishing the transpor- tation board, however, places much of that responsibility with the City Clerk as recording secretary. At their meeting held on September 16th, members of the transportation board unanimously recommended that the present ordinance be amended to reflect this issue and officially delegate the responsibility to the Department of Public Works. In an additional amendment, they have requested that their meetings be held on an "as necessary" basis .....,, rather than mandatory at once per month. I concur with both of these recommendations. During the past several months both the City Clerk 's office and the Department of Public Works have been assisting the board. There has been much duplication of work and yet there is the chance that something might be overlooked when the responsibility is divided in two very different areas. This ordinance has been written with the emergency clause with the intention that an immediate change will not delay any of the activities of the transportation board currently underway. L-te ^„nsw ' A;Ienvi, el kmc --_ 0 ,1n'-. s - -7- Pig-w isuiess ._--,� CU - ,t,:.,r,(1 Itf,.r - 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 p ORDINANCE NO. 543 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 2-17 APACHE JUNCTION TRANSPORTATION BOARD; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; 0°1\ AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL That the Apache Junction City Code, Chapter 2 MAYOR AND COUNCIL, Article 2-17 APACHE JUNCTION TRANSPORTATION BOARD, Section 2-17-2 (D) Membership and Terms of Office and Section 2-17-5 Meetings, be amended to read as follows Section 2-17-2 Membership and Terms of Office D A Technical Advisory Committee consisting of the City Manager, Director of Public Works, Director of Planning, Economic Development Specialist and other members of the city staff as deemed appropriate by the City Council shall assist the Board when necessary The Department of Public Works shall be responsible for providing a recording secretary for the Board. Section 2-17-5 Meetings The board shall meet as often as necessary to review and make rec- ommendations on transportation matters Meetings shall be called by the chairman and shall be held in compliance with the Open Meeting Law as provided for in Arizona Revised Statutes §38-431 as amended. A quorum shall consist of four voting members for the transaction of all business SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of Ammik this ordinance or any part of the code adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, an emergency is hereby declared to exist and this ordinance shall become effective immediately and in force from and after the date of adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986 ORDINANCE NO. 543 PAGE ONE OF TWO 111,""'" NORMAN S HILL Mayor ATTEST• /.1 KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAVID F ALEXANDER City Attorney I ORDINANCE NO 543 PAGE TWO OF TWO ROLL CALL VOTE SHEET 0(/ NOTES ' ITEM # MEETING OF MOTION BY: �� SECONDED BY: a YE NO ABSTAINED COUNCILWOMANT�GARDNER COUNCILWOMAN TAYLOR COUNCILMAN BALJO ✓ VICE MAYOR BAKKEDAHL ✓ COUNCILMAN EIDSON MAYOR HILL UNANI"SOUS , IN FAVOR OPPOSED ABSTAINED TOTAL r/ ROLL CALL VOTE SHEET NOTESait‘XL/ )5 ; r L/ ITEM # MEETING OF MOTION BY: SECONDED BY: /YES NO ABSTAINED COUNCILWOMAN GARDNER V C$tf1GCILMAN JIMENEZ' r" COUNCILWOMAN TAYLOR v/c COUNCILMAN BALJO Ls VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON MAYOR HILL L UNANIIOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES V , � / 01/ .4' \ �R ITEM # MEETIN OF MOTION BY: ilk 4RL SECONDED BY G YES NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER 0 COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL / MAYOR HILL UNANI"'!OUS , IN FAVOR OPPOSED . ABSTAINED TOTAL AMIlk Imo, ITEM NO. 8 Step 1 I MOVE THAT ORDINANCE NO. 543, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 543, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 543, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 543, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: A A. PUBLIC HEARING 1 . FOR ORDINANCE NO. 536, PZ-37-86 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE , AND PRESENT RECOMMENDATIONS . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5. IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6. IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST) CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE (CK "-- 1/0,,PQACHE ✓G U vy`' ;'>rok; Z AIPIZONP `6ity o 04pache o2unctaon DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Agenda Approved by �� October 3, 1986 Date Item'''. Consent Agenda Public Hearing /7/ MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL / Old Business THROUGH: KATHY CONNELLY, ACTING CITY MANAGER -� New Business THROUGH. 1/ HUCK NEWCOMER, DIRECTOR OF PLANNING Postponed Item FROM: ,,JULIE A. REID, ASSISTANT PLANNER SUBJECT: AGENDA ITEM - OCTOBER 21 , 1986 PZ-37-86 ORD. NO. 536 BACKGROUND APPLICANT: DAV Superstition Mountain Chapter No. 30, Inc. REPRESENTATIVE: Dorman Hutchinson LOCATION: north side of E. Broadway west of Tomahawk Road CURRENT ZONING: CB-1 Local Business Zone PROPOSED ZONING. C-2 Local Commercial District GENERAL PLAN DESIGNATION: Local Commercial Opportunity Area GROSS ACREAGE: 1 .6 NET ACREAGE. 1 .4 .�. CURRENT LAND USE: DAV meeting hall SURROUNDING LAND USE: North - vacant South - vacant East - newspaper office, vacant West - Mt. Bell telephone facility SURROUNDING ZONING: North - Multiple Family Residence Zone CR-5 South - Multiple Family Residence Zone CR-5 East - Local Business Zone CB-1 West - General Rural GR SITE CHARACTERISTICS: flat with a gentle eastward slope towards 6•Jeekes Wash which lies along the eastern boundary 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220 0190 • TELEPHONE (602) 982-8002 HONORABLE MAYOR AND CITY COUNCIL AGENDA ITEM - 10/21/EAm' Ask PZ-37-86 ORD. NO. Sao PAGE TWO PROJECT DESCRIPTION The General Plan designation for this area calls for a local commercial node at the intersection of S. Tomahawk Road and E. Broadway Avenue. Usually this commercial designation extends only to the limits of the property which actually abut the intersection. When the Local Business (CB-1 ) zoning for this site was approved, it was part of a five acre parcel which did abut the intersection. ,.� There is an existing DAV Clubhouse on the subject property. The DAV proposes to move its thrift shop from its current location on Apache Trail to this loca- tion. They propose to construct a 50 foot by 80 foot addition to their existing structure to accomodate this thrift shop. At the Planning and Zoning Commission Public Hearing, the applicant indicated his intent to rent a temporary building to place on the subject site until such time as permanent construction is completed. Since that time staff has had further discussion with the applicant to determine the size and nature of this temporary structure. Applicant indicated they intend to use three eight foot by eight foot by forty foot "sea cargo boxes" for the temporary structure. Staff also asked about the status of the building plans and planned construction date. Building plans have not been started nor submitted for approval . Applicant was rather vague about start-up date for construction. They have indicated they have set money aside for the construction of the permanent structure. No retention or offsite improvements have been provided to date. Onsite improve- ments have been limited to a small section of paved parking. Pieces of broken concrete have been used for erosion control in Weekes Wash. The DAV was asked to remove this debris approximately one year ago by the Public Works Department, but this has not been accomplished to date. The following questions regarding development of the subject site were addressed to the Public Works Department. Their response to each question follows the question. Q. Will offsite improvements (curb, gutter, etc. ) be required at the time of the building permit or would they be deferred? A. Off site improvements generally would be required. However, Weekes Wash will in the future require a box culvert for flood control . There- fore, if a written request is received for postponement it will be allowed until such time as other improvements occur. Q. Will onsite retention be required? A. On site retention will be required along with compliance to the Flood Plane Ordinance. Retention capacities should be based on a fully paved lot. HONORABLE MAYOR AND CITY COUNCIL AGENDA ITEM - 10/21/P" PZ-37-86 ORD. NO. 5..) PAGE THREE Q. Several large chunks of broken concrete are being used for erosion control along the wash. These are fairly unsightly and as we discussed, may be altering the flow. Should this material be removed and would the applicant be required to provide a more effective method of control? A. Broken concrete and debris must be removed to insure proper flow. The subject site is located on E. Broadway Avenue, an arterial , which will provide sufficient transportation to and from this commercial site. •� The reason the applicant has applied for C-2 Local Commercial District is that second-hand sales are not allowed in CB-1 Local Business Zone. The old Commercial classifications were progressive, that is the "lighter" classification allowed a list of uses, then the "heavier" classification would allow all the uses of the "lighter" classification and allowed additional uses. Second-hand sales was listed in CB-2 General Business Zone, but not in CB-1 Local Business Zone, so it was not allowed. Under the proposed zoning classification, C-2, lodge, fraternal and civic assembly is allowed under permitted uses. Alcoholic beverage sales are allowed by Condi- tional Use Permit only in the C-2 district. The Planning Director has no problem with liquor sales continuing as a non-conforming use on this property. The applicant has been asked to address a letter to the City requesting permission to place temporary structures for storage purposes on the subject site. Temporary arrangements such as this should define time limits for the uses and under what circumstances a temporary use can occur. Because temporary uses generally benefit only the applicant/owner it is necessary to impose strict limitations from the onset to avoid involved and costly legal disputes later when the City must have this use discontinued or terminated. PLANNING DEPARTMENT COMMENTS AND RECOMMENDATIONS The staff would recommend approval of the rezoning request stipulating: 1 . Site plan approval prior to commencement of construction. 2. Conditions and time limits for Use of Temporary Structures for storage be approved by the Zoning Administrator/Building Official . 3. The applicant dedicate the South fifty feet (50' ) of the subject site for public roadway and associated purposes. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their regular meeting of September 23, 1986, after public hearing adopted the following motion: (Conway/Jorgensen 7-0-0) HONORABLE MAYOR AND C' 'Y COUNCIL AGENDA ITEM - 10/21/b,„ PZ-37-86 ORD. NO. 536 PAGE FOUR M/S "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-37-86, an application of the Disabled American Veterans Superstition Chapter #30, Inc. for their property described as a matter of public record, requesting rezoning from CB-1 Local Business Zone to C-2 Local Commercial District. Any stipulations or recommendations are: •-• 1 . A landscape plan be provided and approved. 2. The applicant dedicate the south fifty feet (50' ) of the subject property for public roadway and associated purposes. 3. That the broken concrete be removed from Weekes Wash. 4. Recommend that we have a review of the removal of the temporary building after one year. The reasons for this recommendation are: 1 . It complies with the General Plan. 2. It is the highest and best use of the property. STIPULATIONS IN THE ORDINANCE 1 . The applicant dedicate the South fifty feet (50' ) of the subject property for public roadway and associated purposes. If the City Council wishes to add stipulations regarding site plan approval and the use of temporary storage structures, you should so state. JAR:jo ( 1 - /• ,,, -81 Ct r4 L. T 34 , cl , K n .....-o.....s.:-....... I i 1 • t Z 14'2.!Z G. DRooAo v ill' i C ' 1 1 p pp H - JCT ,At. 1 10 J t , • . f . I c '- .0 a ci, y 1 a. I ' MI 1 1 ib 1 ` kA 4 k y G7{1�'f i M Ga J I. .' •I �16.DINCoco 1 ' • .. i' 'gyp, % ;h ik, C \ 1 + i NL1•.J .4)„i AC ITION PLAN APPROVED DA : '' s \ .�. 1�° "A1 ' so puty Zoning Administrator \I City of Apache Junction t . 0215'.0" t of %d' t ....) � I , , . s I/2 ,5E S i pL oT PL, a l.>E4Al.. 'D��•aIF''T ION I"�. -40'- Oa u. Zi5' or- -,,'•$ -, . St Zr. 21 IN Sc. 1.4.11b AC. 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What is built on your property now? 5. , What has beef built on the property next to yours? North iUO/4(‘' v South -/o7�J, %v East /A1o/-1,e D'��r West ,/5'1,(/, 6. LegalAcription of the property proposed to be rezoned: Ey W 1 S 'of S %zTS f /x SEk -Ye ke Sys le G 3 . G Sce. Z 1 rJN Jr Section ,,(/ / , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona. 7. What is your County Assessor's Tax Parcel Number? )1G"/— 242 — 0.3 if L, 8. Why are you requesting this rezoning? /�pvi1i fti, ,111,4r ,S 71e1.76" f(FO Ai to wit/ S ? v$r Dr /V r q p F/ t. 7 (Please Complete Reverse Side of Form) FOR OFFICE USE ONLY Case Number ? a. - 3 fl-L Proposed Ordinance No. Date Filed '` Application Received by: \. 1- 1 , Receipt No. (''; Fee. Amount � j Ol ) Page 1 of 2 Revised 4/25/85 9. I/We do hereby certify that: a. (I am) (We are) the owners of the property described in this application for rezoning and have attached copies of deeds, title reports, or other documents as proof of ownership. b. I/We have read the rezoning procedures and requirements and have truthfully completed this application for rezoning. c. I/We understand the filing fees are non-refundable, the rezoning process to involve public hearings before the Planning and Zoning Commission and the City Council, and action to, approve our request is discretionary. d. I/We understand in order to obtain approval of this rezone we may be requested to dedicate portions of our property for public roadway and ^ associated purposes and that the Ordinance establishing the rezoning, if approved, will not become effective until all required quit claims are received and recorded. e. I/We being the owns scof the property in this rezoning application have appointed 1-7, *./ A as our representative in this rezoning application and have authorized him/her to do anything necessary to have .I the rezoning considered favorably by the City of Apache Junction, Arizona. (Repre'sentative is to complete Item #10 of this application form.) (caa>�i9/f`t c r •c`N.fi /Z #� L ) (1)`r � ,` • ,(Print/' r's Name stare gn tit l �I 771-4/l�' P 7r R .D �Z '-' l (mailing Address) P u4) " ' • `i(City./Site. Zip Code) (2) (Print Owner's Name) (Signature) (Hailing Address) • (Phone Halter) (City, State. Zip Code) (3) (Print Owner's Name) (Signature) • (Mailing Address) (Phone Number) (City, State, Zip Code) ^ (4) (Print Owner's Hame) (Signature) (Hailing Address) (Phone Number) ity, tate, p ode . STATE OF r/, I?421?, ) The foregoing,--instrument yrss acknowledged before SS. me this -2; day of C !<t - r , 19 "e , COUNTY Of 11',',1 L ) by: i e is , ./ Ll loy ,i My Commission Expires. f 4.1 /44f cf • L c� �,� 1, r NOTARY PUBSI G� ' 10. I hereby certify that I have been appointed by the property owner(s) in this rezoning application as their representative and that all correspondence in this matter be mailed to me at their request. q$a - ) 4 O c2T to /) C-t c /A1irvCe ars �/I. _ • ; (Print representative't,name) (Signature ofrepresentativel(M-ailin#address) (Phone number) - /) 1, -T (City. State, Zip Code) STATE OF 22/ Z,91 k ) The foregoin instrument as acknowledged bK re SS. me this v"; day of , _s fi , 1prr , COLTiff OF r ,:�1,9 L- ) by: ( 3' My Commission Expires /ff-t) is e/ %L NOTARY P tll�1C Ci Page 2 of 2 An. Air ORDINANCE NO. 536 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-37-86 FROM CB-1 LOCAL BUSINESS ZONE TO C-2 LOCAL COMMERCIAL DISTRICT, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, oink. ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land described as. The West 215 feet of the South z of the Southeast i of the Southeast i of the Southeast ; in Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona • be and hereby is amended from CB-1 Local Business Zone to C-2 Local Commercial District, subject to the following stipulations. 1) applicant dedicate the South fifty feet (50') of the subject site for public roadway and associated purposes. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY IL 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 portion thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 SIGNED AND ATTESTED TO THIS DAY OF , 19 oismk Norman S. Hill Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM- David F Alexander City Attorney .•. A. ROLL CALL VOTE SHEET NOTES ` .e174 A/111 C616 fv„ 141, Vbi 1 ITEM # CI MEETING OF MOTION BY: SECONDED BY: YE NO ABSTAINED VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR COUNCILMAN BALJO L//J MAYOR HILL UNANI"" US , IN FAVOR OPPOSED ABSTAINED TOTAL p ITEM NO. 9 Step 1 I MOVE THAT ORDINANCE NO. 536, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 536 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 536, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 536, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: ... ... PUBLIC HEARING 1 . FOR ORDINANC NO. 537, PZ-38-86 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE , AND PRESENT RECOMMENDATIONS. 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4. IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6 . IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST ) CLOSE PUBLIC HEARING ,... CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE PQACHF✓G (1GO� i\ 2n P.0 z '1PizoNP (Oily o� C rache 02unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Agenda Approved by October 8, 1986 Date Iteriamlib Consent Agenda Public Hearing 7 'o /0 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL 4Old Business THROUGH: KATHY CONNELLY, ACTING CITY MANAGER New Business THROUGH: /ApHUCK NEWCOMER, DIRECTOR OF PLANNING r,;LPostponed Item -' FROM j/jgJULIE A. REID, ASSISTANT PLANNER SUBJECT: AGENDA ITEM - OCTOBER 21 , 1986 PZ-38-86 ORDINANCE NO. 537 BACKGROUND APPLICANT. Itam Lizzie Lo Curto REPRESENTATIVE: Terry Kutzbach LOCATION: Between E. 16th Avenue and E. 17th Avenue from S. Bowman Road to S. Cortez Road CURRENT ZONING General Rural GR PROPOSED ZONING• General Commercial District by Planned Development C-3/PD GENERAL PLAN DESIGNATION. Residential Medium/High Density NO. OF PARCELS: one GROSS ACREAGE. 5 acres NET ACREAGE. 4.06 acres CURRENT LAND USE: vacant SURROUNDING LAND USE: North - vacant and mobile home South - vacant - (graded) East - Roadrunner Mobile Home Park West - vacant SURROUNDING ZONING: North - General Rural GR South - General Commercial District C-3 East - Trailer Homesite TH West - General Commercial District C-3 SITE CHARACTERISTICS. two washes running through the property 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 HONORABLE MAYOR AND C"^' COUNCIL 'a'' OCTOBER 21 , 1986 AGENDA ITEM PZ-38-86 ORD. NO. 537 PAGE TWO PROJECT DESCRIPTION A site plan has been prepared and included in your packets. You will notice that the site plan includes several properties not included in this rezoning. The representative for this case, Mr. Kutzbach, has been working with the city staff for the last several months. He is attempting to purchase, rezone and develop several parcels of land as one project. The parcels were owned by several separate individuals which has made acquisition quite difficult. This project will not be possible unless all of the pieces are acquired. Mr. Kutzbach already owns the five acre parcel directly to the south which was recently rezoned to General Commercial District (C-3) with a stipulation for site plan approval . Mr. Kutzbach has made an offer to purchase the subject site contingent upon rezoning. Additionally, Mr. Kutzbach has made an offer to purchase the three parcels to the west contingent upon his obtaining the subject site. The remaining property to the south cannot be purchased until probate procedures have been completed, however, the heir apparent has indicated a willingness to sell the property to Mr. Kutzbach at such time as it is possible. The staff advised Mr. Kutzbach that the most acceptable method to develop this project would be by planned development, but because of the number of property owners involved it would have been very difficult to obtain everyone's permission to rezone the entire project at one time. One method used to solve this problem is to rezone one parcel to planned development stipulating that the remainder of the project be submitted for rezoning to planned development within a certain time limit. Mr. Kutzbach has indicated he is agreeable to this method and that he would be able to submit the remainder of the properties for planned development within 60 days. This project would not be possible without the abandonments of roadways interior to the project. These roadways are S. Bowman Road, E. 17th Avenue, and E. 18th Avenue. The abandonments have not been applied for as yet. There are two reasons for this. 1 . Unless these several parcels are combined, access might be needed for the individual properties. 2. The 18th Avenue alignment is tied into the probate issue. Mr. Kutzbach has contacted the attorney involved in the probate to ascertain whether abandonment and rezoning applictions could be signed by a representative of the estate. This has yet to be determined. PLANNING DEPARTMENT COMMENTS AND RECOMMENDATIONS Rezoning this site by itself to General Commercial District (C-3) would not be appropriate as it does not have highway access. If the property is combined with adjoining properties as indicated on the site plan and developed as a planned development where specific stipulations can be put in place, the site could be an asset to the community and neighborhood. HONORABLE MAYOR AND CuY COUNCIL OCTOBER 21 , 1986 AGEi ITEM PZ-38-86 ORD. NO. 537 PAGE THREE Development of this entire site by planned development would assure the intent of the General Plan in regards to this highly visible traffic corridor. It is recommended that no grading or site preparation commence until the construc- tion date has been ascertained and then just prior to that date. The City has experienced problems with erosion and dust control where the land is scraped bare well in advance of construction. The City is very sensitive to altering delicate native landscape and has encouraged . all developers to preserve and relocate such precious commodities as the saguaro cactus and to minimize disturbance of the natural vegetation and wildlife. This environmental issue will need to be addressed on this project. Persons responsible for site preparation of this project will need to be aware of these special provisions. Staff would recommend approval of the rezoning contingent upon the following stipulations. 1 . Rezoning application materials for remaining property as shown on the site plan to General Commercial District by Planned Development (C-3/PD) must be submitted within 60 days. An extension could be granted for the small southernmost parcel that is involved in probate, allowing that application materials be submitted within 60 days of acquisition of the parcel . 2. All of the properties being acquired must be legally combined into one parcel . 3. Application materials for the abandonment of E. 17th Avenue, E. 18th Avenue, and S. Bowman Road within the limits of the project must be submitted within 60 days. 4. No grading or site preparation commence until just prior to the start of construction. .i. 5. Developer relocate or preserve native vegetation where reasonably possible. If approved, staff does recommend stipulating the dedication of the North forty feet (40' ) and the East forty feet (40' ) of the subject site for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cutoff at the intersection of E. 16th Avenue and S. Cortez Road. If a decision is made to recommend approval of the proposal , the Council must find that this planned development complies with all six criteria set forth in Section 19.0109 of the Zoning Ordinance. HONORABLE MAYOR AND GI4Y COUNCIL ,.. AGENDA ITEM - OCT. 2 , 1986 PZ-38-86 ORD. NO. 537 PAGE FOUR PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their regular meeting of September 23, 1986, after public hearing, adopted the following motion. (M/S Jorgensen/Vanhoy 7-0-0) "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-38-86, an application of Itam Lizzie Lo Curto for her property described as a matter of public record, requesting rezoning from GR General Rural to C-3/PD General Commercial by Planned Development. Any stipulations or recommendations are: 1 . Rezoning application materials for remaining property as shown on the site plan to General Commercial District by Planned Development (C-3/PD) must be submitted within 60 days. They may leave out the southernmost parcel until it is acquired by them. An application for C-3/PD for this parcel must be filed within 60 days of the time this last parcel is acquired. 2. All of the properties being acquired must be legally combined into one parcel . 3. Application materials for the abandonment of E. 17th Avenue, E. 18th Avenue, and S. Bowman Road within the limits of the project must be submitted within 60 days. 4. No grading or site preparation commence until just prior to the start of construction. 5. Developer relocate or preserve native vegetation where reasonably possible. 6. Applicant dedicate the North forty feet (40' ) and the East forty feet (40' ) of the subject site for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cutoff at the intersection of E. 16th Avenue and S. Cortez Road. The reasons for this recommendation are: 1 . It would appear that all the general criteria for planned development in Section 19.0109 has been met. 2. It looks like it will be an outstanding development if it is completed as it has been presented to us for the City. Mr. Vehon added the statement regarding the southernmost parcel to stipulation number one. HONORABLE MAYOR AND L Y COUNCIL AGENDA ITEM - OCTOBER 21 , 1986 PZ-38-86 ORDINANCE NO. 537 PAGE FIVE STIPULATIONS IN ORDINANCE 1 . Rezoning application materials for remaining property as shown on the site plan to General Commercial District by Planned Development (C-3/PD) must be submitted within 60 days. They may leave out the southernmost parcel until it is acquired by them. An application for C-3/PD for this parcel must be filed within 60 days of the time this last parcel is acquired. .•� 2. All of the properties being acquired must be legally combined into one parcel . 3. Application materials for the abandonment of East 17th Avenue, East 18th Avenue, and South Bowman Road within the limits of the project must be submitted within 60 days. 4. No grading or site preparation commence until just prior to the start of construction. 5. Developer relocate or preserve native vegetation where reasonably possible. 6. Applicant dedicate the North forty feet (40' ) and the East forty feet (40' ) of the subject site for public roadway and associated purposes along with a twenty foot (20' ) by twenty foot (20' ) cutoff at the intersection of E. 16th Avenue and S. Cortez Road. JAR.jo PZ-38-86 - REZONE GR GENERAL RURAL TO GENERAL COMMERCIAL DISTRICT C-3 BY PLANNED DEVELOPMENT E. 14th Avenue , `•A N MH co C) 0 0 sL cil = ci- 0 o sv MH ,0 VACANT VACANT MH 0. MH MH VACANT E. 16th Avenue C-3 I ; VACANT o 1 I TRAILER PARK 1 cD I T H " 1 --- ---------------i,o VACANT 1 a. 1 C-3 I 42 N,s,(GRADED) 1 1 1 9h� -- 1 j------------- - -- - -j 1 VACANT i T- i-�T 'proposed] I I J IN, I CB-2 I C-3 I 1 CB-2 1 1 1 l C-4 i CB 2`. 1 I l ► I I -I ESUBJECT SITE 1 ; LIMITS OF ZONING (REMAINDER IS GENERAL RURAL) Scale f---r-- 0 300 500 am ft. CITY OF APACHE JUNCTION, ARIZONA REZONING APPLICATION 1. I/We hereby request a change of zoning classification from: Parcel No. 1 From 6ENORJL. &JR /it To C-3 PE) 2 3 4 2. According to the City's General Plan, what is your property planned for? CoMi4ci4t - 3. Size of your property: // VE [X] acres [ ] square feet 4. What is built on your property now? VACANT 5. What has been built on the property next to yours? North SINGLE F/1M/L Y South vA-c'14 East Mo&iLE /-/oME< West VACANT 6. Legal description of the property proposed to be rezoned: 7// 4'N en/ ,L,/-i}z.f" of THE" No27-116,1s- 0,1A,e-7-c R bF Th A/oeTH E4ST r.4v/4RTEle of 77-IC Sov774 wEsT QuA kr&l2 0 SECT)oN a7/ 7vwo)SH iP / N°R P1ti66 k MST OF Mir - /1 Am> SALT R 11F// Pisc .4tid A1E Rio lg /./ (ovivn' AR17oiti4, Section ZT' , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona. 7. What is your County Assessor's Tax Parcel Number? /O 3 2 C—O1 8. Why are you requesting this rezoning? CO, f 46770ti of /4-57SlcilleXEA66 SU2govil/D/N6 41RcEif 7 FAcI4-f T7t l C 4 f/4.4/4/E SA5?f7/A' �i(/%Eie v61/64 o/f/N: V 7 _ _-- (Please Complete Reverse Side of Form) FOR OFFICE USE ONLY Case Number Proposed Ordinance No. Date Filed Application Received by: , L_ / 0-0 Receipt No. U Fee Amount dl T _cTh Page 1 of 2 Revised 4/25/85 9. I/We do hereby certify that: • a. (I am) (We are) the owners of the property described in this application for rezoning and have attached copies of deeds, title reports, or other documents as proof of ownership. b. I/We have read the rezoning procedures and requirements and have truthfully completed this application for rezoning. c. I/We understand the filing fees are non—refundable, the rezoning process to involve public hearings before the Planning and Zoning Commission and the City Council, and action to approve our request is discretionary. d. I/We understand in order to obtain approval of this rezone we may be requested to dedicate portions of our property for public roadway and associated purposes and that the Ordinance establishing the rezoning, if approved, will not become effective until all required quit claims are received and recorded. e. I/We being the owners of the property ixr this rezoning application have appointed TE,2l2 Y ITV i z&/a C(-/ as our representative in this rezoning application and have authorized him/her to do anything necessary to have the rezoning considered favorably by the City of Apache Junction, Arizona. r (Representative is to complete Item #10 of this application form.) ?(( 7, C.._/4L Pr/nt ner's Name / ) (Si nature) J (filing Address) (y (P one Number) ( (City. State. Zip Code) (2) (Print Owner's Name) (Signature) 1:1 (Mailing Address) (Phone Number) (City, State. Zip Code) (3) (Print Owner's Name) (Signature) (Mailing Address) (Phone Number) (City, State, Zip Code) (4) (Print Owner's Name) (Signature) (Mailing Address) -- (Phone Number) • (City, State, Zip Code) STATE OF ) The foregoing instrument was acknowledged before COUNTY OF ) S5 me this _ day of , 19 ) by: My Commission Expires. NOTARY PUBLIC 10. I hereby certify that I have been appointed by the property owner(s) in this rezoning application as their representative and that all correspondence in this matter be mailed to me at their request..—\ TERR y KC) ,72 (Print representative's name) (Signatur o rep sentative) ayi/ t(/ /y,74 Sr ?Io2 40 a 967 Fyi (Mailing address) ' (Phone number) TE�t, Az ?sz �i (City, State, Zip Code) STATE OF A r ice) The foregoi,n� instrument was acknowledged before SS me this 4 day of August , 19 86. COUNTY OFMaricopa) by: 1 ry Katz rh My Commission Expires 4/ 1 8/8 9�� \fit NOTARY PUBLIC Page 2 of 2 ORDINANCE NO. 537 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT—ZCASSIFICATION IN REZONING CASE PZ-38-86 FROM GR GENERAL RURAL TO C-3/PD GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I IN GENERAL 1. The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land described as The North z of the Northeast i of the Northeast i of the Southwest of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona be and hereby is amended from GR General Rural to C-3/PD General Commercial District by Planned Development 2 The approval of the zoning district classification shall be construed as only concept approval for the base zoning and shall serve as official approval of the base zoning amendment to the Zoning Map 3. Development of said property shall be in accordance with the provisions of Article 19 of the Zoning Ordinance The provisions of the Uniform Building Code and all other City codes, policies, guides, and detailed standards shall apply and control all design and construction of improve- ments. 4 Rezoning applichction materials for remaining property as shown on the site plan to General Commercial District by Planned Development (C-3/PD) must be submitted within 60 days They may leave out the southernmost parcel until it is acquired by them An application for C-3/PD for this parcel must be filed within 60 days of the time this last parcel is acquired. 5. All of the properties being acquired must be legally combined into one parcel 6. Application materials for the abandonment of East 17th Avenue, East 18th Avenue, and South Bowman Road within the limits of the project must be submitted within 60 days. 7. No grading or site preparation commence until just prior to the start of construction. 8. Developer relocate or preserve native vegetation where reasonably possible. 9 Applicant dedicate the North forty feet (40') and the East forty feet • (40') of the subject site for public roadway and associated purposes along with a twenty foot (20') by twenty foot (20') cutoff at the intersec- tion of E. 16th Avenue and S. Cortez Road. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof wormy PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 SIGNED AND ATTESTED TO THIS DAY OF , 19 Norman S. Hill Mayor 1— ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM David F Alexander City Attorney ORDINANCE NO 537 PAGE TWO OF TWO IL ./\ I- x nevmose v I --_-_ICF_TP_CA � _-. -_ __. ____- —_ _ rfa - n --- 7 � �� . 3'W Iro q •••Fyn O C.> f- —. 44 < K fn 't; do ii %immism rc ^�,,; .I� _ II Alt LIJ II • -N It "JKCCo �Kt'. i Q to.\ ,a. [[M^O�W! �++ !� N-N ` ; j .p,� r-�_ E— 11 S.:_t {.D}WbiE7 µ— N-oc,, ,, A.-,F........E_,!..4,4 0,ci..! CI.IMP, 11.100 Ntlatsv l 7 ZT;I i. IL ( ' B RG1I'T,16aFiD/M es. ..\1,IJG.>w�h'E: v:L.a AD ,�',+� PEiTAUMMT 0. I FECplTrtW. ',...K., NNNN '%/.— /1.2tt----- e 1 SITE PLAN N. fw .. l f, 1 -,7 • —� APACHE FOUNTAINS RETAIL CENTER • ^ \ ...6.5.A4. ROLL CALL VOTE SHEET NOTES 41// b19 jj) VtYit OFa�ITEM # � MEETING MOTION BY: NJ SECONDED BY: YE NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO Aft. ✓j VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER �Ck M MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL A. ROLL CALL VOTE SHEET NOTES -(d0 ITEM # MEETING OF MOTION BY: ` '\ SECONDED BY:__________ 11 YE NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL MAYOR HILL UNANI"^OUS , IPA F,pOR OPPOSED ABSTAINED TOTAL p ITEM NO. 10 Step 1 I MOVE THAT ORDINANCE NO. 537, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 537 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 537, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 537, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1 . FOR ORDINANCE NO. 538, PZ-39-86 2. WILL THE PLANNING DIRECTOR PLEASE BRIEF THE COUNCIL ON THIS CASE , AND PRESENT RECOMMENDATIONS . 3. WILL THE APPLICANT OR SPOKESMAN PLEASE SPEAK ON THIS CASE . 4 . IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS CASE? 5 . IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS CASE? 6. IS THERE ANY REBUTTAL? (APPLICANT / THOSE IN FAVOR / THOSE AGAINST ) CLOSE PUBLIC HEARING ''` CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE (-,y-P.CHE✓G 20,, i:'..* , 1(t_r,-,r;r-2'75 "IP/ZpNP `6ity o C pac/ie 02unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT September 29, 1986 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL/� THROUGH: KATHY CONNELLY, ACTING CITY MANAGER4 THROUGH: CV CHUCK NEWCOMER, DIRECTOR OF PLANNING FROM- 'U/DOUG WILLIAMS, ASSISTANT PLANNER SUBJECT: AGENDA ITEM - OCTOBER 21, 1986 PZ-39-86 (ORDINANCE NO. 538) BACKGROUND APPLICANT: Sylvia Harambasic REPRESENTATIVE: Keith Stachar LOCATION: East of Meridian, 300 feet North of the Apache Trail CURRENT ZONING: General Rural GR PROPOSED ZONING: General Commercial District C-3 GENERAL PLAN DESIGNATION. General Commercial GROSS ACREAGE: 2.3 acres NET ACREAGA: 2. 1 acres CURRENT LAND USE. Storage area for Basic Drilling Co. SURROUNDING LAND USE: North - Meridian Mobile Home Park South - Merabank East - Basic Drilling Co. West - 40,000 square foot shopping center under construction SURROUNDING ZONING• North - Trailer Homesite TH South - General Business Zone CB-2 East - Light Industry and Warehouse Zone CI-1 West - General Commercial District C-3 Maricopa County 4-C--, Agenda Approved by SITE CHARACTERISTICS: Flat unremarkable terrain Date Item item # Consent Agenda/ Public Hearing i" Old Business New Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 Honorable Mayor and ('4/ Council - Agenda Item - Octok^ 21, 1986 - Page Two PLANNING DEPARTMENT COMMENTS AND RECOMMENDATIONS Staff notes that this request does comply with the General Plan designation for the site, although it does not comply with the suggested planned development for City entrances. The site is located near the western entrance corridor to the City. The quality of development at this entrance intersection reflects the image of the community to traffic entering from the west. The General Plan addresses the importance of the "city entrances" appearance and encourages their development through the planned development process. The application indicates that the owner intends to combine the subject property with adjoining commercial property to the east and south which would allow the development of a 9.5 acre commercial center. This size of development could attract consumers from beyond the community and has the potential of increasing the local employment base. When completed, the proposed commercial center will be the third development at the intersection of Meridian and the Apache Trail . The other two are the K-Mart/Safeway center and a new 40,000 square foot plaza west of Meridian. This clustering of business activity could, in time, draw new business to the area. Access to the subject site will be from Meridian which will also be accomo- dating traffic generated from the shopping plaza to the west. Care should be taken in development of this site for General Commercial uses so as to minimize the adverse effect on the neighboring residential use to the north. Staff would recommend approval of the zoning request, stipulating site plan approval prior to the commencement of construction. In addition, the ordinance should stipulate the dedication of the west fifty feet (50' ) of the subject property for public roadway and associated purposes. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their regular meeting of September 23, 1986, after public hearing, adopted the following motion: (M/S Conway/Vanhoy 7-0-0) "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-39-86, an application of Sylvia Harambasic for her property described as a matter of public record, requesting rezoning from GR General Rural to C-3 General Commercial District. Any stipulations or recommendations are: 1. Applicant dedicate the west fifty feet (50' ) of the subject property for public roadway and associated purposes. 2. Applicant be requested to submit a site plan prior to development that will go to both the Planning and Zoning Commission and the City Council . Honorable Mayor and :rty Council - Agenda Item - Octobarac 21, 1986 - Page Three The reasons for this recommendation are: 1. I asked for the site plan because it is a gateway to the City, and I think we should look into it very carefully. 2. I think it is a great need that the City develop commercial property on that corner. STIPULATIONS IN ORDINANCE 1. Applicant dedicate the west fifty feet (50' ) of the subject property for public roadway and associated purposes. 2. Applicant be requested to submit a site plan prior to development that will go to both the Planning and Zoning Commission and the City Council . DAW:CRN:jl P2-39-86 REZOtr r.uM GR GENERAL RURAL TO C-3 GEN.., COMMERCIAL DISTRICT I I I 1 1 MERIDIAN 1 1--- -- — — -I R-5 i MHOMEE T H 11 CR-3 I PARK I i I I I✓ I 11 II 1 II 1 t III 1 AM kh I t II t y -...”.-.... ....-.-...-..-... .... ..... .... .... .....-. .--. -. .. .... .. .--. .--, ... -. . -. .. ...- I ( I 1 1 .S__ 1 1 1 t II II i--— C E - 2 ;i CI-1 1 1 CB-2 t, B t 1 Basicii Drilling A t Co.. I MERA II VACANT I BANK l i 1 t N 1 C-2 l It Ill K1 61. Highway 60 - 70 - 80 - 89 II I BANK II GREYHOUND PARK I II 1 I I SAFEWAY CI-1 I CB-2 1 - II K-Mart II I 1 11 I 11 R-3 1 - 11 E SUBJECT SITE il - ; LIMITS Or ZONING (REMAINDER IS GENERAL RUR. L) L_-.1 Scale 0 Zoo 400 _/1 CITY OF APACHE JUNCTION, ARIZONA REZONING APPLICATION 1. I/We hereby request a chap of zoning classification from: Parcel No. 1 From 1\ To (?`3 2 3 4 •.. 2. According to the City's General Plan, what is your property planned for' 6e,vFJ2 ` / � '1Fr ,i`4L- 3. Size of your property: 2r3/9C'— `A/ or)nii.1 [/� acres [A] square feet 4. What is built on your property now? l/�q['lq 5. What has been built on the property next to yours? North 1/ C/9 /9/t South �C�')/7/Me'�C'/7-)Z Q Z� Ea s t C'��0{41t/£1-C',t / (4f ) (Wes t 67j7/77 f r(`/ 7 & - ( zdi co-4.c/ 6. Legal description of the property prop; rop sed to be rezoned: �I 4 izior ,960p e;f/S2hineic /fy47-Z ,64c04-rp, Section , Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona. 7. What is your County Assessor's Tax Parcel Number? /2/-Q/ -(967 8. Why are you requesting this rezoning? AL , , 0 t, 1. ' 's!tr,L (iii / /9- n,,..,,.. O�ty c'r('ir)-�, ?.n..c�ic)c 0� % 4 l o f:� 7"' Sa r2rQ / ,{EZ �i ) i. P4g ea, C/ ,9- .c.)9 C.1 06 .,t-r1l� 0 r > . y I . - (Please Complete Reverse Side of Form) '. FOR OFFICE USE ONLY Case Number \ / Proposed Ordinance No. Date Filed I ' i . ( Application Received by: Receipt No. - . 1 Fee Amount r 4. Page 1 of 2 Revised 4/25/85 . 4010. 9. I/We do hereby cer...ify that: r^ a. (I am) (We are) the owners of the property described in this application for rezoning and have attached copies of deeds, title reports, or ather documents as proof of ownership. b. I/We have read the rezoning procedures and requirements and have truthfully completed this application for rezoning. c. I/We understand the filing fees are non—refundable, the rezoning process to involve public hearings before the Planning and Zoning Commission and the City Council, and action to approve our request is discretionary. d. I/We understand in order to btair approval of this rezone we may be requested to dedicate portions of our property for public roadway and associated purposes and that the Ordinance establishing the rezoning, if approved, will not become effective until all required quit claims are received and recorded. e. I/We being the owners of .thefpr�operty in this rezoning application have appointed j&/,7 t4/<f 56.70, ' . as our representative in this rezoning applicatidn and have authorized him/her to do anything necessary to have the rezoning considered favorably by the City of Apach Junction, Arizona. (Representative is to complete Item #i10 o this plica 'on m.) (I) ' Z f ? �Q Pri t Own � s N me ignatur f (Mailing Address (Phone Number) Fr0)U / ity, Sta e, Zip Code) (2) (Print Owner's Name) (Signature) (Mailing Address) (Phone Number) (City, State, Zip Code) (3) (Print Owner's Name) (Signature) (Mailing Address) (Phone Number) (City, State, Zip Code) �••. (4) (Print Owner's Name) (Signature) (Foiling Andress} (Phone Nunberf" (City, State, Zip Code) STATE OF (2 ) The foregoing instrument was acknowledged before SS me this ) 7 --day of (,� ".,. , 19 COUNTY OF �'i- n_Q ) by. G,-ll (.2ti P tti n / /*-°'/ My Commission Expires. �.�-2-- ,/ NOTARY PLIC / 10. I hereby certify that I have been appointed by the property owner(s) in this rezoning application as their representative and t t all correspondence in this matter be mailed to me at their reques rint representative s naa nature of rer ntative C.5// l/ Mai ing address (Phone nunber) ac > ,ty State, ip ode; STATE OF 1`� ) ie foregoing instrument,was acknowledged before ) SS. ..e this ,2 744- day of (L.,—..; , 19 Ste' COUNTY OF J—,_C ) by k F , n.i )rn r< i-, 'z1 My Cormission Expires 1'1 C0 r'i� inn ^j•p� l in F 1� R, ' NOTARY PUBLIC ) Page 2 of 2 OP0=11' ORDINANCE NO. 538 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-39-86 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land described as The North two hundred feet (200') of the South 650 feet of the Northwest quarter of Section 19, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, EXCEPT the East 2100 feet thereof, and EXCEPT the following described property, BEGINNING AT THE INTER- SECTION of the West line of said Section 19 and the North line of U S Highway North 60-70-80-89 (Apache Trail); thence North along the West line of said Section 19, 300 feet, thence East 240 feet to a point; thence South 300 feet to the North right- of-way of Apache Trail, thence West 240 feet along said highway line to the point of beginning; EXCEPT the West forty feet (40') for road purposes be and hereby is amended from GR General Rural to C-3 General Commercial District subject to the following stipulations: 1) applicant dedicate the West fifty feet (50') of the subject property for public roadway and associated purposes and 2) applicant be requested to submit a site plan prior to development that will go to both the Planning and Zoning Commission and the City Council SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY ..� If any section, sub-section, sentence, phrase, clause or portion of this Ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 SIGNED AND ATTESTED TO THIS DAY OF , 19 Norman S Hill Mayor AMR b. ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM. David F Alexander City Attorney ROLL CALL VOTE SHEET NOTES el f 071 )-j)(' ‘;') , a fr MEETINGI ° vl ITEM # MOTION BY: SECONDED BY: ,S/ 2 Y=S NO ABSTAINED COUNCILWOMAN TAYLOR Lji COUNCILMAN BALJO VICE MAYOR BAKKEDAHL LI' COUNCILMAN EIDSON COUNCILWOMAN GARDNER v MAYOR HILL I UNANI"1OU , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ci YX:) cA(/ � f MEETING r IITEM # EETI�dG 0 (6(?) MOTION BY: SECONDED BY: t, YES NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO 1 VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON _ a/ COUNCILWOMAN GARDNER MAYOR HILL I UNANI"^.0 S IN FAVOR OPPOSED ABSTAINED TOTAL auk inlak r►. ITEM NO. 11 Adak Step 1 I MOVE THAT ORDINANCE NO. 538, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 538 BY TITLE ONLY. Step 3 I MOVE THAT ORDINANCE NO. 538, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 538, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1. FOR ORDINANCE NO. 544 2. WILL THE DIRECTOR OF COMMUNITY SERVICES SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4. IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE PQACHF ✓G 1 arsj y. z:?. n U ":.� z �R NP COit?y 4 i47Iac�Ge &unction rzo MEMORANDUM TO : HONORABLE MAYOR AND COUNCIL MEMBERS TRHOUGH: ACTING CITY MANAGER 0/1 FROM: /P7c� DIRECTOR OF COMMUNITY SERVICES DATE: OCTOBER 14 , 1986 SUBJECT : AMENDMENT TO FACILITY USE MANUAL During the discussion at the last City Council meeting on liability insurance requirements for the Community Center , it was suggested that this item be brought back to the Council for consideration of possible change regarding the requirements on other City recreational facilities . Our current policy requires one million dollars coverage for non-city sponsored activities at all facilities , with the exception of the Community Center . Below is a list of facilities and areas that need to be addressed : Ballfields (4) Swimming Pool 0.0%` Tennis Courts (3) Gazebo Racketball Courts (2) Open Space Areas It is recommended that if the facilities are requested for the purpose of which they were designed for , that no liability insurance be required . All other requests would be brought to the Council for consider- ation. Your consideration of this recommendation is appreciated . Agenda Approved by Date Item # Consent Agenda Public Hearing 1///h(p /oQ Old Business New Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982 8002 ORDINANCE NO. 544 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY OF APACHE JUNCTION COMMUNITY SERVICES DEPARTMENT FACILITY USE MANUAL, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL That certain document known as the CITY OF APACHE JUNCTION COMMUNITY SERVICES DEPARTMENT FACILITY USE MANUAL, three (3) copies ofwihch are on file in the office of the City Clerk, which was made a public record by Resolution No. 86-08, is hereby amended as follows USER CATEGORIES D All organizations must have a facility permit issued by the Community Services department and shall have liability insurance with the following criteria \il. City of Aapche Junction to be named as additional insured. 2 Comprehensive liability per person, per incident. 3 Property damage NOTE Liability insurance is waived for family, organization or company picnics SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed Amilk 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 referenc eis for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of the peace, health and safety of the 'City of Aapche Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986. SIGNED AND ATTESTED TO THIS DAY OF , 1986. s r - NORMAN S. HILL Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM DAVID F. ALEXANDER City Attorney I ORDINANCE NO. 544 PAGE TWO OF TWO ROLL CALL VOTE SHEET NOTES I c'%(-1 ( 6 v/ ITEM # MEETING F 1 MOT I ON BY: SECONDED BY: ti) YES NO ABSTAINED COUNCILWOMAN GARDNER coaaciLto JIMENEZ I COUNCILWOMAN TAYLOR COUNCILMAN BALJO J VICE MAYOR BAKKEDAHL 04 COUNCILMAN EIDSON I MAYOR HILL UNANIMUS IN FAVOR OPPOSED ABSTAINED TOTAL j) /5 1 A at a... A.0 k d/ i e ROLL CALL VOT SHEET alic _ C►� NOTES I r �' V ,I) A Jo' Q_ ..... - ,, \,,,"c tick .).Y'rP ,\ bry D Air / ,7 iiii \o ),./, 6,,,,) ITEM # r MEETING OF \' / llyi ` ..bICyN POTION BY: 1, ` SECONDED BY; 'W\ ' YE NO ABSTAINED COUNCILMAN EIDSON COUNCILW GARDNER �/COUNCILWOMAN COUNCILWOMAN TAYLOR ....-- AN,N.N.w...y., I COUNCILMAN BALJO I/ VICE MAYOR BAKKEDAHL MAYOR HILL Xd,;( -1 1 UNANIMOUS , IN FAVOR OPPOSED . ABSTAINED TOTAL p /OI +01161/4 ITEM NO. 12 Step 1 I MOVE THAT ORDINANCE NO. 544, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 544, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 544, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 544, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1 . FOR ORDINANCE NO. 545 2. WILL THE ACTING CITY MANAGER/CITY CLERK SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE (. PQACHF✓ ,,.i.. .r 13 u �v�, wV.rf z 'd i '1R/ZOOs City o, ace ,unction October 16, 1986 .r, MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER/CITY CLERK SUBJECT: PROPOSED ORDINANCE NO. 545 (FILING DATES) State law was recently changed to allow for optional filing dates for the nomination papers necessary to run for city council . The law has always been not less than 75 days nor more than 105 days, but was changed during the last session to not less than 60 days nor more than 90 days with the provision that a city or town could use the old method if adopted by ordinance. The period or length of time permitted is the same in either case, but the actual dates of the filings vary. I have attached sample election calendars for your review. Calendar A shows what the deadlines would be under the current state law (60/90 days) . Calendar B shows what the deadlines would be under the old state law which the council has the option of adopting (75/105 days) . The only difference would be in the opening dates (December 2 as opposed to December 17) and the closing dates (January 2 as opposed to January 17) . These filing periods would only apply to regularly scheduled city elections. I am requesting that the council consider adopting the optional method with the 75/105 day deadlines. This method would provide the clerk's office with additional time towards the end of the election cycle where it usually is badly needed. It would permit additional time if some- thing were to occur such as an error in the printing of the ballots, the legal contest against an individual 's candidacy, and any other un- expected or unanticipated problems that often arise during an election. This ordinance has been written with the emergency clause so that I may immediately begin working on the primary election schedule with Pinal , and Maricopa County officials. —�� Agenda Approved by Date Item # Consent Agenda kmc ��/ /:' Public Hearing Old Business New Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982 8002 11""nr ORDINANCE NO. 545 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FIXING THE DATES FOR CANDIDATES TO FILE NOMINATION PAPERS FOR MUNICIPAL ELECTIONS AS AUTHORIZED BY ARIZONA REVISED STATUTES §16-311, REPEALING Ark, ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL Beginning with the election to be held on March 17, 1986, a person desiring to become a candidate and to have his or her name printed on the official ballot for municipaL office shall file a nomination paper and other nomi- nation materials as required by law not less than seventy-five days nor more than one hundred and five days before the primary election date. All such nomination papers must be completed and filed with the City Clerk by five o'clock on the last day for filing such papers. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this 1 ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE Whereas the immediate operation of the provisions of this ordinance is nec- essary for the preservation of the public peace, health and safety of the City of Apache Junction, Arizona, an emergency is hereby declared to exist /mk, and this ordinance shall be in full force and effect from and after its passage. PASSED AND ADOPTED THIS DAY OF , 1986, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SIGNED AND ATTESTED TO THIS DAY OF , 1986. NORMAN S. HILL Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM DAVID F ALEXANDER City Attorney 1987 SUGGESTED CITY AND TOWN ELECTION CALENDAR* y WITHOUT OPTIONAL DEADLINE FOR FILING NOMINATION PAPERS** i. NOVEMBER 17 DECEMBER 9 DECEMBER 16 DECEMBER 17 JANUARY 16 JANUARY 26 Primary Election: Primary Election: Primary Election: Clerk must have ready Deadline for candidates Primary Election: 0 Council adopts call 0 First publication of 0 Second publication of for distribution: to file: 0 County voter of election call of election call of election 0 Nomination papers 0 Nomination papers registration closes O Candidate affidavits 0 Candidate affidavits O Nomination petitions 0 Nomination petitions O Financial disclosure 0 Financial disclosure statements statements JANUARY 30 FEBRUARY 11 FEBRUARY 17 FEBRUARY 24 MARCH 3 MARCH 6 Primary Election: Primary Election: Primary Election: Primary Election: Primary Election: Primary Election: O Prepare and mail 0 Absentee ballots must 0 First publication of 0 Second publication of 0 Nomination papers 0 Candidates and proof of sample be ready for notice of election notice of election from write-in financial agents file ballot to candidates distribution candidates 1st campaign expense and party chairman 0 Have sample ballots statements / prepared 0 Appoint election boards 0 Post notice sample 0 Publish city or town ballots available financial statement MARCH 13 MARCH 16 MARCH 17 ; MARCH 30 APRIL 1 APRIL 3 Primary Election: Primary Election: Primary Election General Election: Primary Election: General Election: O Applications for 0 Instructional meeting Day 0 County voter 0 Council meets to 0 Prepare and mail absentee ballots for election boards 0 Voted absentee registration closes canvass vote proof of sample O Ballots delivered to ballots delivered ballot to candidates polling places by 7:00 p.m. and party chairman APRIL 6 APRIL 16 APRIL 21 APRIL 28 MAY 5 MAY 8 Primary Election: General Election: General Election: General Election: General Election: General Election: O Candidates and 0 Absentee ballots 0 Publish first notice 0 Publish second notice 0 Nomination papers 0 Candidates and financial agents must be ready for of election of election from write-in financial agents file file 2nd campaign distribution candidates 1st campaign expense expense statements 0 Have sample statement ballots prepared 0 Appoint election boards O Post notice sample ballots available MAY 15 MAY 18 MAY 19 JUNE 3 JUNE 18 General Election: General Election: General Election General Election: General Election: O Applications for 0 Instructional meeting Day 0 Council meets to 0 Candidates and absentee ballots for election boards canvass votes financial agents file O Ballots delivered to 2nd campaign polling places expense statement • *The Calendar dates are the latest possible dates to comply with election deadlines based on our suggested primary date of March 17 and the General Election date of May 19 as established in State law. If you set a primary election date other than March 17, this will, of course, change a number of the other dates established in this suggested calendar. For more detail on this election calendar, see Appendix A of the League Election Manual. •"State law also peprovides rmit P an option to candidates to file nomination papers not less than seventy-five days nor more than one hundred and five days before the primary election. To exercise this option, a cityor town must adopt an ordinance settingforth such filingdates. This ordinance must be adopted one hundred and twentydays prior to P � P P Y filingshould use the other electioncalendar printedoptional date theprimaryelection. Ifyou use these optionaldates you h onyellow paper which includes the for filing PP Pe nomination papers. ) Rev. 8/86 x r)--)'-' V SUGGESTED CITY AND TOWN ELECTION CALENDAR* ) l ` WITH OPTIONAL DEADLINE FOR FILING NOMINATION PAPERS •NOVEMBER 17 DECEMBER 2 DECEMBER 9 DECEMBER 16 JANUARY 2 JANUARY 26 Primary Election: **Clerk must have ready Primary Election. Primary Election: Deadline for candidates Primary Election: O Council adopts call for distribution: 0 First publication of 0 Second publication of to file. 0 County voter of election 0 Nomination papers call of election call of election 0 Nomination papers registration doses O Candidate affidavits 0 Candidate affidavits O Nomination petitions 0 Nomination petitions O Financial disclosure 0 Financial disclosure statements statements O Campaign committee registration forms JANUARY 30 FEBRUARY 11 FEBRUARY 17 FEBRUARY 24 MARCH 3 MARCH 6 Primary Election. Primary Election. Primary Election. Primary Election. Primary Election: Primary Election: O Prepare and mail 0 Absentee ballots must 0 First publication of 0 Second publication of 0 Nomination papers 0 Candidates and proof of sample be ready for notice of election notice of election from write-in financial agents file ballot to candidates distribution candidates 1st campaign expense and party chairman 0 Have sample ballots statements prepared 0 Appoint election boards O Post notice sample 0 Publish city or town ballots available financial statement MARCH 13 MARCH 16 MARCH 17 MARCH 30 APRIL 1 APRIL 3 Primary Election. Primary Election: Primary Election General Election: Primary Election General Election O Applications for 0 Instructional meeting Day 0 County voter 0 Council meets to 0 Prepare and mail absentee ballots for election boards 0 Voted absentee registration closes canvass vote proof of sample O Ballots delivered to ballots delivered ballot to candidates polling places by 7:00 p.m. and party chairman APRIL 6 APRIL 16 APRIL 21 APRIL 28 MAY 5 MAY 8 Primary Election. General Election: General Election. General Election: General Election: General Election: O Candidates and 0 Absentee ballots 0 Publish first notice 0 Publish second notice 0 Nomination papers 0 Candidates and financial agents must be ready for of election of election from write-in financial agents file file 2nd campaign distribution candidates 1st campaign expense expense statements 0 Have sample statement ballots prepared 0 Appoint election boar O Post notice sample ballots available MAY 15 MAY 18 MAY 19 JUNE 3 JUNE 18 General Election: General Election: General Election General Election. General Election: O Applications for 0 Instructional meeting Day 0 Council meets to 0 Candidates and absentee ballots for election boards canvass votes financial agents file O Ballots delivered to 2nd campaign polling places expense statement *The Calendar dates are the latest possible dates to comply with election deadlines based on our suggested primary date of March 17 and the General Election date of May 19 as established in State law. If you set a primary election date other than March 17, this will, of course, change a number of the other dates established in this suggested calendar For more detail on this election calendar, see Appendix A of the League Election Manual. **This deadline for distribution and the deadline for receipt from candidates (January 2) are optional deadlines and may be used in lieu of the deadlines established in state law for candidates to file nomination papers. These optional deadlines must be adopted by ordinance 120 days prior to the primary election date If no option is adopted, distribution must be made by December 17 and such materials must be filed by candidates by January 16. If you choose not to use the optional deadlines for filing nomination papers you should use the election calendar on blue paper. Rev. 8/86 ROLL CALL VOTE SHEET NOTES .l / 1 y} . i(16 vs '.V Q -V v,), ki .i..., V 1CliraITEM # MEETING OFMOTIOrd BY: SECONDED BY: __Cr________n YES NO ABSTAINED VICE MAYOR BAKKEDAHL j COUNCILMAN EIDSON / _ .•. COUNCILWOMAN GARDNER v COUNCILWOMAN TAYLOR I COUNCILMAN BALJO MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ()lit dyb \ Ia 7) ITEM # MEETING OF MOTION BY: . 1\\\kkVFU SECONDED BY: O' YES NO ABSTAINED COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER �f C DCILCI COUNCILWOMAN TAYLOR MAYOR HILL UNANI"^.OUS IN FAVOR OPPOSED ABSTAINED TOTAL Adm. Am ik. ITEM NO. 13 Step 1 I MOVE THAT ORDINANCE NO. 545, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 545, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. Step 3 I MOVE THAT ORDINANCE NO. 545, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED). OR I MOVE THAT ORDINANCE NO. 545, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: ilyACHE ✓o i ; -es \ _, s 41R�ZONP 'Oily o' C94pache cOunction October 10, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: ACTING CITY MANAGER / FROM: LIBRARY DIRECTOR ,,F-�e"`��� SUBJECT: APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES-- REQUEST FOR AGENDA ITEM, OCTOBER 21, 1986, REGULAR MEETING At the October 7, 1986, regular meeting of the Apache Junction Public Library Board of Trustees, the Board voted unanimously to recommend the appointment of Cheryl L. Class—Erickson to fill the vacancy left by the resignation of Rosaline Debnam. A copy of the applicant's talent bank form follows. oloilik Agenda Approved by /l '. Date Item # Consent Agenda Public Hearing Old Business / New Business / , �`° /�` Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 lam. ., i ll T]y O _____y '11?/ZO..„,2 NP `ady 07, /Lilac/e unction TALENT BANK APPLICATION FOR 42 5i ne) BOARD/CommI ss ION/COmMITTEE DATE: 42//6'45 7." , / IJ' NAME: e,/��y,4, I . a,/9SS-,ac-a 0/1/ TELEPHONE: y,S2c'- Q/QO (home) (office) ADDRESS: 3070 £ 7f- Ai6, ZIP CODE: 9 .3- cW4Y pot NoT roicftvoo ,f Ate,.--ter. i x � ,e,ht of my vnuc T OCCUPATION. 'fJ • ti -- -7a i A 1:i•el- 71n/F Tlfr , (if reed, please indicate former occupation or profession) EDUCATION' -TZ4C Ux QF e�&1��JC7f_ ,,f/t G.4-5 q/42 f7 g(- (E71)7797(3 7C Ffi"7t?1 �( rc/ c = E+' s' ,/ C''CL�C iCC� cam`�-Z 2--ct `,4 i°T')U � �6u,a61 � �) % f1 6 Q�' l PROFESSIONAL Ali)/OR COMMUNITY ACTIVITIES: AV-44. J-72 67:i9 Alywr (qN LFLEUfr ADDITIONAL PERTINENT INFORMATION/REFERENCES: l'hiiixtCy 4J 74JC'O F,� NOTE. As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County Commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that I must reside within the corporate limits of the City of Apache Junction and that I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. __a z,....ae...)-- ,;.eif--f-ek.-7 • Revised 6/19/81 Siy- a t re of Applicai( 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602) 982-8002 ROLL CALL VOTE SHEET NOTES ` --� G 7-v/ ITEM # IC(1 r � MEETING►�G OF • 1 t/ MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILWOMAN TAYLOR I COUNCILMAN BALJO v'' .�. VICE MAYOR BAKKEDAHLkOf COUNCILMAN EIDSON 1 COUNCILWOMAN GARDNER JtMETEZ MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 14 I MOVE THAT BE APPOINTED TO THE LIBRARY BOARD, SAID TERM TO EXPIRE JUNE 30, 1988. (TACHE ✓G y0� 41PIZ00* `pity ot 04pache 02unctian OCTOBER 10, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL I A ,� THROUGH: CITY MANAGER Wv FROM: DIRECTOR OF PUBLIC WORKS QL REGARDING: AB-86-06 RESOULTION NO. 86— 39 RELINQUISHMENT OF FEDERALLY PATENTED EASEMENT (AGENDA ITEM FOR OCT. 21, 1986) GENERAL INFORMATION APPLICANTS/PARCELS: THOMAS AND PHYLLIS VITTORI = 103-04-050 MERLE AND LORENA McKAY = 103-04-034C ADJACENT OWNERS/PARCELS: NONE OWNERS OPPOSED/PARCELS: NONE STREETS REQUESTED: FIFTH AVENUE FROM CONESTOGA ROAD TO CORTEZ ROAD STREET CONDITION: UNIMPORVED AND NOT MAINTAINED. D.C.C. RECOMMENDATION: SEE ATTACHED MEMORANDUM DATED JUNE 5, 1986. Agenda Approved by �` Date Item n Consent Agenda Public Hearing _________ Old Business New Business /%�z Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85219 • TELEPHONE (602) 982-8002 ikrsiP1/4CHt �Gti z fir. 4... 4PizpNP' ity o 4ac/ e unction � DATE: JUNE 5, 1986 .�. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER FROM: VICE CHAIRMAN, DEVELOPMENT COORDINATING COMMITTEE` REGARDING: RELINQUISHMENT OF FEDERALLY PATENTED EASEMENT The Development Coordinating Committee reviewed the above application and expresses no objection for the following reasons: 1 . The roadways have never been opened or maintained by the City for public use. 2. The roadway is a local classification. 3. The use of property by the owners would be enhanced. 4. Adequate access to public rights—of—ways would remain available. 5. Area transportation circulation would not be adversely affected. 6. All property owners desire abandonment. cc Engineering Division Planning Department File No. AB-86-06 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85219 • TELEPHONE (602) 982-8002 RESOLUTION NO 86-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS—OF—WAY PURPOSES DESCRIBED AS FIFTH AVENUE BETWEEN CORTEZ ROAD AND CONESTOGA ROAD DESCRIBED IN STREET ABANDONMENT CASE AB-86-06, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS—OF—WAY. WHEREAS, the requested abandonment is a Federally Patented Easement eiN for public rights—of—way purposes described as a parcel of land located in Section 22, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Apache Junction, Pinal County, Arizona, and more particularly described as follows: The South sixty six (66') feet of the North three hundred sixty three (363') feet of the East half of the Northeast quarter of the Southeast Quarter of the Southwest quarter of Section 22. Except the East forty (40') feet and Except the West thirty three (33') feet thereof. WHEREAS, the abandonment requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway, or have access by a Federally Patented Easement which may in the future be developed, and WHEREAS, the City Council of the City of Apache Junction, Arizona, finds that said Federally Patented Easement for public rights—of—way purposes as described herein, is classified as a local street on the Apache Junction Street Classification Plan, and is no longer necessary for public use as a roadway: and WHEREAS, said easement requested for abandonment has never been improved as a public roadway and maintained by a local governing agency NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above—described Federally Patented Easement reserved for public rights—of—way purposes is hereby extinguished as present or future public rights—of—way. BE IT FURTHER RESOLVED that the abandonment of the public rights—of—way has no effect on reservations for public utility easements. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF ,1986. "SIGNED AND ATTESTED TO THIS DAY OF 19 ." NORMAN S. HILL MAYOR ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM• David F. Alexander City Attorney W.^3 Aft.. fa kg. AB-86-06 VITTORI - MCKAY SEC.22 SECOND AVE. I I I 17 16 26 O 11- co I - - I — — — — — —1 L — _ _ — g THIRD AVE PREVIOUSLY ABANDONED_ - - --� �- - - - - - 66, o ® I 1 ' 6 O - b -�` 27 { 1i 28 33 o I I . 0 i 1 FOURTH AVE . D 33 CD 35 Do CD I t z 33' ® 66 0 D 2 ni 1 < Et 1 I CDIo�1 CD i R1 i 1 H . ® ® 1-- SIXTH AVE . 33 CK A PROPOSED ABANDONMENT DIRT ROAD Q PARCEL NUMBER PAVED ROAD UNIMPROVED SCALE I"= 200' AB - 86- 06 VI TTOR I - M C KAY SEC. 22 SECOND AVE. r I I i ® 16 26 I I C .)5 I co oo THIRD AVE . PREVIOUSLY ABANDONED -, o 1 I 66' 8 /� 33' 30 D o j �2 8, o I ' o i I 0 X-I FOURTH AVE . CD ® pi' > D 0 K. CB) u) __i 46 D 0 34 47 Ei A 33' 66' o D a S p I ni 48 49 49 Iw0 50 A - loll �1 ij 4- l I _ A I- ,, '33' SIXTH _ AVE . E !` PROPOSED ABANDONMENT DIRT ROAD Q PARCEL NUMBER PAVED ROAD SCALE i"= 200' UNIMPROVED ROLL CALL VOTE SHEET NOTES Y/ / ITEM # MEETING OF 11;6/ MOTION BY: SECONDED BY: YES NO ABSTAINED owli uma> rsuf zN vli COUNCILWOMAN TAYLOR COUNCILMAN BAIJO , VICE MAYOR BAKKEDAHL :/// COUNCILMAN EIDSON COUNCILWOMAN GARDNER _MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ..01mak „oink *fit ITEM NO. 15 I MOVE THAT RESOLUTION NO. 86-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS-OF-WAY PURPOSES DESCRIBED AS FIFTH AVENUE BETWEEN CORTEZ ROAD AND CONESTOGA ROAD DESCRIBED IN STREET ABANDONMENT CASE AB-86-06, IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, BE APPROVED AND ADOPTED. I8-ACHF✓ 'IRIZONP c6ity v4 pache 02unction October 10, 1986 Ank MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL J.1 ` THROUGH: ACTING CITY MANAGER r v FROM: DIRECTOR OF PUBLIC WORKS ' tit—) REGARDING: WATER IMPROVEMENT DISTRICT On August 5th, Mr. Kenneth Rheim approached the City Council in conjunction with a request for consideration of an application for a Community Development . Block Grant for water main extensions to service certain areas presently hauling water. Subsequently, because it was determined that this request would not comply with the C. D.B.G. requirements, this office coordinated with Arizona Water Company to determine if they would be receptive to a cooperative agreement with the City to establish an improvement district for the extension of water mains. The utility has since indicated their willingness to cooperate and have provided this office with several alternatives and cost estimates for water main extensions. On October 7th, ... this information was reviewed with Mr. Rheim to determine if he and other persons in the areas concerned would be interested in pursuing this concept by circulating petitions at the appropriate time in order to consider the creation of an improvement district. Prior to initiating a petition process, it is requested that the City Council concur with the concepts proposed and authorize the Department of Public Works to further coordinate with the residents and the utility to initiate the improvement district process. Agenda Approved by 4e' Date Item # Consent Agenda RWB•sh Public Hearing Old Business New Business / ' 1 4' /6' File 100.051 Postponed itern 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 ROLL CALL VOTE SHEET NOTES Afj j pliriv. .yyJi v) 44,61, 4, (, VI' (0' ITEM # \ ()' MEETING OF \k PLOT I ON BY: �, SECONDED BY: tkoillicb ES NO ABSTAINED COUNCILWOMAN GARDNER N AEI-- I COUNCILWOMAN TAYLOR COUNCILMAN BALJO I VICE MAYOR BAKKEDAHL , ii COUNCILMAN EIDSON MAYOR HILL I _ UNANI4O S , IN FAVOR OPPOSED ABSTAINED TOTAL r►. .r =MEW ITEM NO. 16 I MOVE THAT AUTHORIZATION BE GIVEN THE DEPARTMENT OF PUBLIC WORKS, THROUGH THE ACTING CITY MANAGER, TO COORDINATE WITH PROPERTY OWNERS AND THE ARIZONA WATER COMPANY TO ASSIST IN THE PREPARATION OF A PETITION TO ESTABLISH AN IMPROVEMENT DISTRICT FOR THE EXTENSION OF WATER MAINS. PQACHF✓G r v0 gRIZONP' `Oily o� @ pache COanctian DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ./! October 9, 1986 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL FROM: J//CHUCK NEWCOMER, DIRECTOR OF PLANNING SUBJECT: INDIAN SUMMERS CONDOS - AMENDED FINAL PLAT, PHASE 2,3,4 Attached is the amended final plat for the above-referenced project. The Staff Subdivision Committee reviewed the project on October 9, and recommends approval to the City Council . RECOMMENDED MOTION I move that the "Final Plat of Indian Summers Condominiums, Phase 2, 3, and 4 Amended" be approved. CRN.jo AgendaAmok Approved b pp Y Date !tern Consent Agenda Public Hearing ----- Old Business New Business /%L so Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 ROLL CALL VOTE SHEET NOTES \PS0')'j '31 -) ITEM # I MEETING OF t Q / MOTION BY: __ SECONDED BY: ALfil YE NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER " CILMAN JIMENEZ COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL L// MAYOR HILL j UNANIM.OU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 17 I MOVE THAT THE "FINAL PLAT OF INDIAN SUMMERS CONDOMINIUMS, PHASE II, III, AND IV AMENDED" BE APPROVED. oak ink PQACHF✓Gti O A . n_ O '1RIZONP `cit y o o4pache c9unction October 14, 1986 MEMORANDUM TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: ACTING CITY MANAGER FROM: , N,/ TONY VEHON, CHAIRMAN - TRANSPORTATION BOARD REGARDING: TRANSPORTATION BOARD - GOALS AND OBJECTIVES Agenda Item The Transportation Board voted to approve goals and objectives at their September 16, 1986 meeting. The goals and objectives are hereby forwarded to the City Council for review and approval . RWB.sh attachment: Goals and Objectives Agenda Approved by 7 Date Item # Consent Agenda Public Hearing Old Business New Business ! ;/ s. /P2' Postponed Item File 100.051 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 .., - APACHE JUNCTION TRANSPORTATION BOARD GOALS AND OBJECTIVES On February 18, 1986. the City Council created the Apache Junction Transportation Board to advise the Council on matters relating to transportation for: 1 . all limited access freeway systems; 2. County transportation systems; 3. purchase of right of way; 4. general street construction planning; 5. Rapid Transit systems; 6. other matters pertaining to transportation. Having organizational and discussion meetings in May, June and July, the Board felt that some goals and objectives were in order and are presented as follows: GOAL: Promote the timely extension of the Superstition Freeway (SR 360) to Apache Junction and US Hwy 60. OBJECTIVE: To have constructed by the State, interchanges at Ironwood, Idaho, Tomahawk Road and other appropriate locations. GOAL: Develop a dialogue with the State as well as Pinal and Maricopa Counties for coordination of State/City/County projects. OBJECTIVE: Pursue the development and extensions of major arterial roadways. OBJECTIVE Promote the extension of the Red Mountain and South Loop Freeways to SR 88 and US 60. GOAL: Recommend corridors for right of way acquisition in advance of major streets and other roadway imporvements. OBJECTIVE: Minimize the delay time for road improvements. GOAL: Periodically review general street construction planning and recommend projects in regard to the development of a comprehensive street improve— ment program. OBJECTIVE: Recommend the adoption of a 5—Year Street Improvement Program. OBJECTIVE: Recommend improvements sequences for construction of corridors connec— ting US 60 with the planned interchanges of the Superstition Freeway. GOAL: Promote the development of alternative modes of transportation. OBJECTIVE: Promote Rapid Transit. OBJECTIVE: Promote airport/heliport development. (cs p.CHE-✓o U - 1; I ,h. Oh� z '�RIZ()N c6ity o C pache 2unction October 14, 1986 MEMORANDUM TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: ACTING CITY MANAGER,"/ FROM: A TONY VEHON, CHAIRMAN - TRANSPORTATION BOARD REGARDING: REVIEW OF ADDENDUM OF DESIGN CONCEPT REPORT FOR THE SUPERSTITION FREEWAY (Agenda Item) The 1986 Addendum to the 1975 Design Concept Report for the Superstition Freeway was reviewed by the Transportation Board and the following recommendations are provided for the City Council ' s consideration and appropriate action: 1 . A portion of the Superstition Freeway design was changed to an elevated concept (4' - 5' above existing grade) and as such, the Maricopa Association of Governments Transportation Planning Office suggests that local government reviews be made to consider impacts related to present and future land development. Having reviewed these matters, the Transportation Board approved the following motion. "". "No objection is expressed to the elevated freeway design concept providing some means of noise attenuation be incorporated in the design in all areas of residential development." 2. Considering long-term planning for transportation, the Board discussed the potential for half-mile overpasses in order to reduce congestion on mile roadways and provide for improved future traffic circulation. It was discussed that no immediate design or construction would be requested or required in these regards; it is merely a potential that should be made known to the Department of Transportation so that long-term implications can be considered in the current designs as they would relate to drainage, / freeway geometry, and other structures. 7d, Agenda Approved by Date Item # Consent Agenda Public Hearing Old Business /D / /96 New Business // Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 MEMORANDUM TO CITY COUNCIL October 14, 1986 Page Two The Transportation Board approved the following motion: "That long-term design consideration be given by the Arizona Depart- ment of Transportation to drainage, freeway geometry, and other '^ structures as they would impact half-mile over-passes along the Superstition Freeway corridor" . 3. The Board discussed construction phasing of the Superstition Freeway. Presently construction is to terminate at Ironwood Drive prior to the completion of the last segment that will connect the Freeway with US 60. The Board suggests that a request be made to the Department of Transporta- tion to construct the last two phases of the freeway simultaneously due to concerns for school children and pedestrian safety, significant increase in traffic volume on Ironwood Drive and detrimental impacts on existing businesses. Should it not be possible to modify the construction phasing, then it is recommended that City staff meet with Department of Transporta- tion officials to discuss what other provisions should be made. The Transportation Board approved the following motion: "Due to school/pedestrian safety; existing development, and signifi- cant increase in traffic volumes, it is requested that the Arizona Department of Transportation construct the last two phases of the Superstition Freeway simultaneously." 4. The Board discussed freeway designs in the vicinity between Tomahawk Road and US 60 and expressed concerns for access from the Superstition Freeway to areas North of US 60. The Transportation Board approved the following motion: "That provisions should be made to accommodate westbound traffic for access to the City and areas North of US 60 in the vicinity between Tomahawk Road and the interchange of SR 360/US 60." RWB: sh File 100.51 ink Ask O�I- ' ' ' ' JGb • '9RIZONP (Oily o' C cache cunction October 14, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: ACTING CITY MANAGER W FROM: 4 TONY VEHON, CHAIRMAN - TRANSPORTATION BOARD REGARDING. BILLBOARDS (Agenda Item) The Maricopa Association of Governments Transporation Improvement Planning committee discussed billboard signing along freeway corridors at their meeting on August 14, 1986. It was explained that the City of Phoenix had received approximately 800 billboard sign applications for installation along the new freeway corridors, and as such, placed a moratorium on new billboard construc- tion, and amended their sign ordinance which now provides for spacing of no less than 1000 feet between signs and includes provisions for height varying with zoning districts/building heights, and also provides for landscaping among other things. A copy of the amended sign ordinance from the City of Phoenix has been obtained and is attached hereto along with newspaper articles pertaining to signs. The Transportation Board approved the following motion: "That the City Council consider review of Apache Junction' s sign ordinance in regard to billboard construction along the Superstition Freeway corridor." Agenda Approved by �--'- RWB: sh Date it-m 4 Consent Agenda -- Public Hearing -- Old Business -- --r— New Business /7 0 /O___ File 100.051 Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 902 . . f)(t,( - ORDINANCE 1,O. _ AN ORDINANCE AMENDING CHAPTER 8 OF APPEN- DIX A OF THE PHOENIX CITY CODE. "THE SIGN ORDINANCE OF THE CITY OF PHOENIX, " BY AMENDING SECTION 803-B. PERTAINING TO EXEMPTIONS FOR POLITICAL SIGNS AND RELIG- IOUS OUTDOOR FUND SOLICITATION SIGNS ; SECTION 805 , PERTAINING TO THE RELOCA- TION. ALTERATION AND RECONSTRUCTION OF NONCONFORMING OUTDOOR ADVERTISING STRUC- TURES ; SECTION 810. PERTAINING TO THE DEFINITIONS OF "POLITICAL SIGN, " "FREEWAY SIGN. " "ORIENTED TO, " "OUTDOOR ADVER- TISING SIGN, " AND V-SHAPE SIGN: " SEC- TION 831-A. PERTAINING TO POLITICAL SIGNS ; SECTION 842 , PERTAINING TO SIGNS PROJECTING ABOVE ROOF LINES; SECTION 845 , PERTAINING TO SPECIAL REGULATIONS FOR OUTDOOR ADVERTISING STRUCTURES ; SECTIONS 847-A. 1 ; 848-A, 1 , 849-A. 1 ; 850-A. 1 . 851-A. 1 ; 852-A, 1 ; 853-A, 1 ; 854-A. 2 : 855-A, 1 ; 856-A, 1 ; AND 857-A. 1 , PER- TAINING TO NON-COMMERCIAL SIGNS AND MESSAGES . BY REPEALING SECTION 853-E TO ELIMINATE OUTDOOR ADVERTISING SIGNS AS A PERMITTED USE IN THE C-2 DISTRICT; BY REPEALING SECTION 854-E. PERTAINING TO OUTDOOR ADVERTISING STRUCTURES IN THE C-3 . A- 1 AND A-2 DISTRICTS ; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as follows SECTION 1 . Chapter 8 of Appendix A of the Phoenix City Code "The Sign Ordinance of the City of Phoenix , " is hereby amended as follows : A. Amend Section 803-B . 8 to read as follows : S 8 . Political signs having an area of thirty-two square feet or less , 144ieh/Ar0 trttrtd/cairn/Zhe/retZIgOitM/df/rt0/0WAtt/di Znt/prdptrry/dri/Ohitn/Iddtrtd , provided that Section 820, Banners ; shall apply to such signs . B Amend Section 803-B by adding a new subsection 12 to read as follows : "12 . RELIGIOUS OUTDOOR FUND SOLICITATION SIGNS DISPLAYED BY BONA FIDE RELIGIOUS ORGANI- ZATIONS, LIMITED TO ONE SIGN OF NOT MORE THAN EIGHT SQUARE FEET IN AREA PER STREET FRONT. " C Amend Section 805-A, 5 to read as follows : 5 . No nonconforming outdoor advertising sign shall be moved or relocated such that any part of the structure, including walkways and catwalks , is closer to a street than the front line of any building within one hundred feet ; provided , however , that when an advertising structure is erected between two buildings each within one hundred feet of the advertising structure. then no part of said structure shall be erected closer to a street than a line drawn between the front corners of the nearest two buildings ; unless the outdoor advertising sign maintains the spacing requirements of Sec- tion 2 E//8/0r/88!/#1/81 845 . D. Amend Section 805-A by adding a new subsection 6 to read as follows : 6 . IN ORDER TO PROMOTE A GENERAL UPGRAD- ING OF THE VISUAL ENVIRONMENT OF THE CITY THROUGH A REDUCTION IN NUMBERS ; OR IMPROVEMENTS IN APPEARANCE, LOCATION, APPROPRIATENESS OF SCALE, OR RELATION TO ADJACENT DEVELOPMENT. A NONCONFORMING OUTDOOR ADVERTISING STRUCTURE MAY BE ALTERED OR REBUILT NOTWITHSTANDING THE PRO- VISIONS OF SUBSECTIONS 3-b, 3-c , 4 , OR 5 OF Ord . No . - 2 - THIS SECTION AND SECTION 845 UPON THE SECURING OF A USE PERMIT. a . IN ADDITION TO THE STANDARDS ENUMERATED IN SECTION 109-A. 7 FOR THE GRANTING OF A USE PERMIT, THE ZONING ADMINISTRATOR OR BOARD OF ADJUSTMENT MUST ALSO MAKE A FINDING �. THAT ONE OR MORE OF THE FOLLOWING ACTIONS PRO- POSED TO BE TAKEN BY THE APPLICANT IN RELATION TO THE ALTERED OR REBUILT OUTDOOR ADVERTISING STRUCTURE WILL IMPROVE THE VISUAL ENVIRONMENT: ( 1) REDUCTIONS IN SIZE. HEIGHT. CHANGES IN CONFIGURATION, ANGLE OR CONSTRUCTION WHICH WILL BRING THE STRUCTURE INTO GREATER COMPATIBILITY WITH THE SIZE AND SCALE OF NEARBY BUILDINGS . (2 ) IMPROVEMENTS IN APPEARANCE THROUGH PLACEMENT OF THE SIGN, ADDITIONS OF LANDSCAPING, IMPROVEMENTS IN LIGHTING. ( 3 ) REMOVAL OF OTHER NEARBY OUTDOOR ADVERTISING STRUCTURES WHEN LOCATED NO FARTHER THAN THE FOLLOWING DISTANCES FROM THE SUBJECT STRUCTURE: JUNIOR - 400 FEET POSTER - 500 FEET BULLETIN - 750 FEET b. IN NO EVENT SHALL RELIEF , IN ACCORDANCE WITH THIS SUBSECTION, PERMIT ALTERA- TION OR RE-ERECTION OF A SIGN NOT IN COMPLIANCE WITH THE OTHER PROVISIONS OF THIS CHAPTER E. Amend the last two paragraphs of Section 805-A to read as follows• 7. THE PROVISIONS OF THIS SECTION shall not prevent repairing or restoring to a safe condition any part of a sign structure , or change of copy, or normal maintenance opera- tions from being performed on a sign or sign structure . Ord . No . - 3 8 . The actions of this flibSection shall not alter a sign or sign structure ' s non- conforming status and shall not be commenced if in conflict with other provisions of this or any other city ordinance . F. Amend Section 810 by adding in proper alphabet- .. ical order new definitions of "non-commercial , " "freeway sign. " and "oriented to. " to read as follows NON-COMMERCIAL - A MESSAGE THAT DOES NOT PROPOSE A COMMERCIAL TRANSACTION SIGN. FREEWAY - AN OUTDOOR ADVERTISING STRUCTURE ERECTED WITHIN 300 FEET OF THE RIGHT- OF-WAY OF, ORIENTED TO AND INTENDED TO BE READ FROM A FREEWAY. PARKWAY, EXPRESSWAY AND SIMILAR TRAFFIC CORRIDORS ORIENTED TO - THE SIGN FACE MAKES AN ANGLE OF MORE THAN THIRTY DEGREES WITH THE MAJOR STREET OR FREEWAY FROM WHICH THE SIGN IS INTENDED TO BE READ. G . Amend the definitions of "political sign. " "out- door advertising sign. " and "V-shape sign" set forth in Sec- tion 810 to read as follows : .•. Sign, Political - Any rtzparary sign which supports the candidacy of any candidate for public office or urges action on any other imarrtritrtirntibalitrietiprrmaryi$trjtraill/Ot sptt3A1ieittrYerit ISSUE OF A NON-COMMERCIAL NATURE. Sign, Outdoor Advertising - Any billboard or other sign, which is not appurtenant to a use of the property , a product sold on or the sale or lease of the property on which it is displayed and which does not identify the place of business as a purveyor of the merchandise , services , etc . . advertised upon the sign . An Ord . No. - 4 - 011. outdoor advertising structure shall be further classified as follows : JUNIOR - A SIGN OF 75 SQUARE FEET OR LESS PLUS 20% EMBELLISHMENTS FOR A TOTAL NOT TO EXCEED 90 SQUARE FEET. POSTER - A SIGN OF FROM 76 TO 300 SQUARE FEET PLUS 20% EMBELLISHMENTS FOR A TOTAL NOT TO EXCEED 350 SQUARE FEET. BULLETIN - A SIGN OF FROM 301 TO 672 SQUARE FEET PLUS 20% EMBELLISHMENTS FOR A TOTAL NOT TO EXCEED 785 SQUARE FEET. Sign , V-shape - Signs erected upon common or separate structures which present a "V" shape appearance and having an interior angle between faces of not more than sixty degrees with distance between facing or such signs at their closest point not exceeding five feet . EXCEPT OUTDOOR ADVERTISING STRUCTURES WHICH SHALL HAVE AN INTERIOR ANGLE OF NOT GREATER THAN THIRTY DEGREES . H. Amend Section 831-A to read as follows : A. Any person or organization planning to erect political signs RELATING TO A CANDI - DATE OR ISSUE ON THE BALLOT OF A PRIMARY, GENERAL OR SPECIAL ELECTION shall first file with the Planning Department the name , address , and telephone number of a person who shall be responsible for the proper erection and timely removal of the signs . I . Amend Section 842 to read as follows : No sign shall be erected upon or project through the roof of any building nor shall any sign attached to a building extend above the roof line of that building . Provided . however . FREEWAY SIGNS AND ground signs may project over a building not more than fifty percent of the roof line that is parallel to the face of the sign. Ord . No . - 5 - a outdoor advertising structure shall be further classified as follows : JUNIOR - A SIGN OF 75 SQUARE FEET OR LESS PLUS 20% EMBELLISHMENTS FOR A TOTAL NOT TO EXCEED 90 SQUARE FEET. AIM bk POSTER - A SIGN OF FROM 76 TO 300 SQUARE FEET PLUS 20% EMBELLISHMENTS FOR A TOTAL NOT TO EXCEED 350 SQUARE FEET BULLETIN - A SIGN OF FROM 301 TO 672 SQUARE FEET PLUS 20% EMBELLISHMENTS FOR A TOTAL NOT TO EXCEED 785 SQUARE FEET. Sign, V-shape - Signs erected upon common or separate structures which present a "V" shape appearance and having an interior angle between faces of not more than sixty degrees with distance between facing or such signs at their closest point not exceeding five feet , EXCEPT OUTDOOR ADVERTISING STRUCTURES WHICH SHALL HAVE AN INTERIOR ANGLE OF NOT GREATER THAN THIRTY DEGREES . H. Amend Section 831-A to read as follows : A Any person or organization planning to erect political signs RELATING TO A CANDI- DATE OR ISSUE ON THE BALLOT OF A PRIMARY, GENERAL OR SPECIAL ELECTION shall first file with the Planning Department the name , address , and telephone number of a person who shall be responsible for the proper erection and timely removal of the signs . I . Amend Section 842 to read as follows : No sign shall be erected upon or project through the roof of any building nor shall any sign attached to a building extend above the roof line of that building . Provided , however . FREEWAY SIGNS AND ground signs may project over a building not more than fifty percent of the roof line that is parallel to the face of the sign. Ord . No. - 5 - p "` 0 8 . The actions of this ftibSection shall not alter a sign or sign structure ' s non- conforming status and shall not be commenced if in conflict with other provisions of this or any other city ordinance . F. Amend Section 810 by adding in proper alphabet- ......, ical order new definitions of "non-commercial , " "freeway sign. " and "oriented to. " to read as follows : NON-COMMERCIAL - A MESSAGE THAT DOES NOT PROPOSE A COMMERCIAL TRANSACTION. SIGN, FREEWAY - AN OUTDOOR ADVERTISING STRUCTURE ERECTED WITHIN 300 FEET OF THE RIGHT- OF-WAY OF, ORIENTED TO AND INTENDED TO BE READ FROM A FREEWAY. PARKWAY, EXPRESSWAY AND SIMILAR TRAFFIC CORRIDORS . ORIENTED TO - THE SIGN FACE MAKES AN ANGLE OF MORE THAN THIRTY DEGREES WITH THE MAJOR STREET OR FREEWAY FROM WHICH THE SIGN IS INTENDED TO BE READ. G . Amend the definitions of "political sign. " "out- door advertising sign. " and "V-shape sign" set forth in Sec- tion 810 to read as follows : Sign, Political - Any tomporary sign which supports the candidacy of any candidate for public office or urges action on any other /Metref/en/010/teller/Of/primaryig0A0fet//Or $730t1a2/EIEtrIOAt ISSUE OF A NON-COMMERCIAL NATURE. Sign, Outdoor Advertising - Any billboard or other sign, which is not appurtenant to a use of the property , a product sold on or the sale or lease of the property on which it is displayed and which does not identify the place of business as a purveyor of the merchandise . services , etc . . advertised upon the sign . An Ord . No . - 4 - J . Amend Sections 847-A. 1 ; 848-A. 1 ; 849-A. 1 ; 850-A, 1 : 851-A, 1 ; 852-A, 1 ; 853-A. 1 ; 854-A, 2 ; 855-A, 1 ; 856-A, 1 and 8 . 7-A. 1 . to read as follows • a . All signs EXCEPT NON-COMMERCIAL MESSAGES shall be appurtenant to a permitted use of the property on which displayed . b. NON-COMMERCIAL SIGNS. EXCEPT FOR SIGNS PERMITTED BY SECTION 803-B. 8 , SHALL CONFORM TO THE REQUIREMENTS OF THIS CHAPTER APPLICABLE TO IDENTIFICATION SIGNS . K. Amend Section 845-D to read as follows : D. A third face may be used to screen a V-shape sign so long as it conforms to the remaining provisions of this ordinance AND SO LONG AS THAT FACE IS ORIENTED TO A MAJOR STREET WHEN USED FOR ADVERTISING . The area of said face shall not be counted toward the maximum allowed area so long as each end is not farther than five feet from its adjacent face . L . Amend Section 845-F and G to read as follows : F. NO OUTDOOR ADVERTISING STRUCTURE SHALL BE ERECTED WITHIN THE FOLLOWING LOCATIONS : 1 . IN OR WITHIN 1000 FEET OF THE .•. BOUNDARIES OF THE PHOENIX OR SOUTH MOUNTAIN PRESERVES . 2 . IN ANY HISTORIC PRESERVATION DISTRICT. 3 . WITHIN 250 FEET OF THE CENTER LINE OF ANY SCENIC CORRIDOR OR DRIVE ADOPTED BY THE CITY OF PHOENIX . 4 . IN ANY REDEVELOPMENT AREA OR NEIGHBORHOOD CONSERVATION AREA DESIGNATED BY THE CITY OF PHOENIX . Ord . No . - 6 - G. ANY OUTDOOR ADVERTISING STRUCTURE ERECTED WITHIN THE FOLLOWING LOCATIONS SHALL REQUIRE A USE PERMIT: 1 . WITHIN 250 FEET OF THE BOUNDARY OF ANY HISTORIC PRESERVATION DISTRICT. 2 . IN OR WITHIN 250 FEET OF A SPECIAL CONSERVATION DISTRICT. 3 . FINDINGS OF APPROVAL SHALL INCLUDE: a . COMPLIANCE WITH PROPOSED REDEVELOPMENT PLANS , b. RELATION TO PUBLIC OPEN AREAS AND PARKS . c . RELATION TO HISTORIC PRESERVATION AREAS . d RELATION TO SIGNIFICANT PUBLIC VIEW OR VISTAS . M. Amend Section 845 by adding new subsections H-W to read as follows : H NO FREEWAY SIGN MAY BE ERECTED ALONG ANY FREEWAY. EXPRESSWAY OR PARKWAY DESIGNATED ON THE MINIMUM RIGHT-OF-WAY STANDARDS MAP UNLESS 50% OR MORE OF THE FRONTAGE ON THAT SIDE OF SAID ROADWAY AND THE NEAREST INTERSECTING MAJOR STREETS IS ZONED C-2 , C-3 . A-1 . AND A-2 . or COMMERCE PARK . I . OUTDOOR ADVERTISING SIGNS MAY BE INTERNALLY ILLUMINATED. INDIRECTLY ILLUMINATED. OR DIRECTLY ILLUMINATED. J . AN OUTDOOR ADVERTISING STRUCTURE. WHEN ON A CORNER LOT, SHALL MAINTAIN A SETBACK FROM THE STREET EQUAL TO OR GREATER THAN THE FRONT YARD SETBACK OF ANY RESIDENCE DISTRICT (RE-43 THROUGH R-5) WHICH ADJOINS THE LOT. Ord . No. 7 - THIS SETBACK SHALL NOT BE REQUIRED IF THE RESI - DENCE DISTRICT IS ON A MAJOR STREET. K. NO OUTDOOR ADVERTISING STRUCTURE SHALL BE LOCATED WITHIN THE FOLLOWING DISTANCES FROM A RIGHT-OF-WAY : 1 . FOR MAJOR STREETS , FIFTEEN FEET FOR A JUNIOR OUTDOOR ADVERTISING STRUCTURE AND TWENTY-FIVE FEET FOR ALL OTHER OUTDOOR ADVER- .M. TISING STRUCTURES . 2 FOR ALL OTHER STREETS TEN FEET L. NO SETBACK IS REQUIRED FOR A FREEWAY SIGN. M. NO PART OF SUCH SIGN STRUCTURE, WALK- WAY OR CATWALK, SHALL BE ERECTED CLOSER TO A STREET THAN THE FRONT LINE OF ANY BUILDING WITHIN ONE HUNDRED FEET; PROVIDED, HOWEVER , THAT WHEN AN ADVERTISING STRUCTURE IS ER:,CTED BETWEEN TWO BUILDINGS WITHIN ONE HUNDRED FEET OF THE ADVERTISING STRUCTURE, NO PART OF SAID STRUCTURE SHALL BE ERECTED CLOSER TO ANY STREET LINE THAN A LINE DRAWN BETWEEN THE FRONT CORNERS OF THE NEAREST TWO BUILDINGS , EXCEPT WHEN A SIGN IS ERECTED BETWEEN TWO SUCH BUILD- INGS AND THE SIGN FACE AND SUPPORT COLUMNS ARE TOTALLY CONTAINED WITHIN THREE FEET OR LESS OF THE BUILDING NEAREST THE STREET. ONLY THAT BUILDING SETBACK NEED BE MAINTAINED. N. OUTDOOR ADVERTISING STRUCTURES SHALL BE LOCATED ONLY IN C-3 , A-1 OR A-2 DISTRICTS AND SHALL BE LOCATED ON A MAJOR STREET AS DESIGNATED ON THE MINIMUM RIGHT-OF-WAY STAN- DARDS MAP OR SHALL BE LOCATED WITHIN 300 FEET OF INTERSTATE 17 WITHIN THE CITY LIMITS AND INTERSTATE 10 FROM THE END OF INTERSTATE 17 TO THE EASTERN CITY LIMITS SPACING STANDARDS FOR SUCH STRUCTURES SHALL BE : 1 . NO PORTION OF AN OUTDOOR ADVER- TISING STRUCTURE WHEN LOCATED ON A MAJOR STREET, SHALL BE CLOSER TO ANY OTHER OUTDOOR Ord No . - 8 - IOW ADVERTISING STRUCTURE THAN AS ESTABLISHED BY THE FOLLOWING TABLES: SPACING STANDARDS IN FEET FOR OUTDOOR ADVERTISING STRUCTURES IN C-3 DISTRICTS FROM TO Junior Poster Bulletin Junior 300 300 400 Poster 300 500 600 Bulletin 400 600 750 SPACING STANDARDS IN FEET FOR OUTDOOR ADVERTISING STRUCTURES IN A- 1 AND A-2 DISTRICTS FROM TO Junior Poster Bulletin Junior 300 300 400 Poster 300 500 600 Bulletin 400 600 1000 WHEN SPACING IS MEASURED ACROSS ZONING DISTRICT BOUNDARIES, THE LARGER APPLI- CABLE DISTANCE SHALL BE USED. 2 . NO PORTION OF A FREEWAY SIGN SHALL BE CLOSER THAN 1000 FEET FROM ANOTHER SUCH STRUCTURE LOCATED ON THE SAME SIDE OF THE FREEWAY OR EXPRESSWAY EXCEPT AS PROVIDED IN .� SUBSECTION 3 , BELOW. 3 . A FREEWAY SIGN MAY BE LESS THAN 1000 FEET FROM ANOTHER OUTDOOR ADVERTISING STRUCTURE UNDER THE FOLLOWING CONDITIONS : a . THE OTHER SIGN STRUCTURE IS WITHIN 300 FEET OF A FREEWAY OR EXPRESSWAY; IT IS LOCATED ON A LOT ABUTTING A MAJOR STREET; AND ANY FACE OF THE SIGN WHICH IS ORIENTED TO THE FREEWAY OR EXPRESSWAY MAKES AN ANGLE OF LESS THAN 30 DEGREES WITH THE FREEWAY OR EXPRESSWAY; OR Ord . No . - 9 - b. THE OTHER SIGN STRUCTURE IS LOCATED MORE THAN 300 FEET FROM THE FREEWAY OR EXPRESSWAY; PROVIDED NO PORTION OF THE SIGN STRUCTURES SHALL BE ERECTED CLOSER THAN AS ESTABLISHED IN SUBSECTION 1 , ABOVE . 4 . DOUBLE-FACE AND "V" SHAPE SIGNS __ AND TWO SIGNS SIDE BY SIDE SHALL BE CONSIDERED AS SINGLE STRUCTURES FOR DETERMINING SPACING WHEN ERECTED SIDE BY SIDE, TOTAL AREA OF BOTH SIGNS. INCLUDING SPACING BETWEEN THE FACES, SHALL NOT EXCEED THE MAXIMUM AREA ALLOWED FOR ANY ONE SUCH SIGN. 5 . FOR SPACING PURPOSES BETWEEN BILLBOARDS . WHEN TWO SUCH SIGNS LIE PARALLEL TO AND WITHIN THREE FEET OF OPPOSITE WALLS OF A BUILDING AND SO LONG AS NO PART OF EITHER SIGN PROJECTS BEYOND ANY PORTION OF THE NEAREST eI4RALLEL WALL, THEY SHALL BE CONSIDERED AS A SINGLE SIGN STRUCTURE 0. EXCEPT AS PROVIDED FOR DOUBLE-FACE AND "V" SHAPE SIGNS , NO SUCH STRUCTURE FACE AREA, OR COMBINATION OF SIGN STRUCTURE FACE AREA SHALL EXCEED THE FOLLOWING AMOUNTS : TOTAL SIGN MAX . FACE EMBELLISH- AREA SQ. FT. MENTS SQ. FT. .•. C-3 DISTRICT. 378 30% 450 EXCEPT FREEWAY SIGNS A-1 . A-2 DISTRICTS. AND ALL FREEWAY SIGNS 672 20% 895 P . EMBELLISHMENTS MAY EXTEND NOT MORE THAN FIVE AND ONE-HALF FEET ABOVE OR BELOW THE HORIZONTAL EDGES AND THREE FEET BEYOND ANY VERTICAL EDGE OF THE SIGN STRUCTURE FACE AREA. Q. INTERMITTENT OR FLASHING ILLUMINATION OR ANIMATION MAY BE PERMITTED SUBJECT TO A USE Ord . No . - 10 - Adak PERMIT. AUTOMATIC PANEL CHANGES (TRIVISION) ARE PERMITTED. R . ON ANY LOT CONTIGUOUS TO A RESIDEN- TIAL ZONING DISTRICT (RE-43 THROUGH R-5 AND PAD-1 THROUGH PAD-15 ) OR SEPARATED THEREFROM ONLY BY A STREET OR ALLEY . NO SUCH ILLUMINATED SIGN STRUCTURE MAY BE PLACED IN SUCH MANNER THAT ANY PORTION OF THE FACE OF THE SIGN IS VISIBLE AT OR BEHIND THE EXISTING OR REQUIRED YARD SETBACK, WHICHEVER IS THE GREATER OF THE ADJACENT RESIDENTIAL LOT. S . OUTDOOR ADVERTISING SIGNS SHALL NOT BE ERECTED UPON THE ROOF OF ANY BUILDING . NOR SHALL ANY SIGN BE PARTIALLY OR TOTALLY SUP- PORTED BY THE ROOF OR ROOF STRUCTURE OF ANY BUILDING. T. MAXIMUM HEIGHTS FOR OUTDOOR ADVERTIS- ING STRUCTURES SHALL BE AS FOLLOWS : 1 . IN C-3 DISTRICTS , MAXIMUM HEIGHT SHALL BE 35 FEET OR THE HEIGHT OF THE NEAREST BUILDING WITHIN 25 FEET OF THE SIGN. WHICHEVER IS LESS; PROVIDED THAT IF THE NEAREST BUILDING WITHIN 25 FEET EXCEEDS 35 FEET IN HEIGHT. THE SIGN SHALL BE NO MORE THAN 45 FEET HIGH OR THE HEIGHT OF THE BUILDING. WHICHEVER IS LESS . AND PROVIDED THAT THE SIGN DOES NOT PROJECT BEYOND THE WALLS CLOSEST AND MOST PARALLEL TO THE SIGN. THIS PROVISION SHALL APPLY ONLY WHERE AT LEAST 50% OF THE FRONTAGE WITHIN ONE QUARTER MILE ON EITHER SIDE OF THE SIGN IS ZONED C-3 , A-1 OR A-2 . OTHERWISE. THE MAXIMUM HEIGHT SHALL BE 25 FEET OR THE HEIGHT OF THE NEAREST BUILDING WITHIN 25 FEET OF THE SIGN, WHICHEVER IS LESS; PROVIDED THAT IF THE NEAREST BUILDING WITHIN 25 FEET EXCEEDS 25 FEET IN HEIGHT, THEN THE SIGN SHALL BE NO MORE THAN 35 FEET HIGH OR THE HEIGHT OF THE BUILDING. WHICHEVER IS LESS AND PROVIDED THAT THE SIGN DOES NOT PROJECT BEYOND THE WALLS CLOSEST AND MOST PARALLEL TO THE SIGN. Ord . No . - 11 - 2 . IN A-1 AND A-2 DISTRICTS, MAXI - MUM HEIGHT SHALL BE 48 FEET. 3 . MAXIMUM HEIGHT FOR FREEWAY SIGNS i- SHALL BE 48 FEET IN C-3 . A-1 AND A-2 DISTRICTS U. 1 . LANDSCAPING SHALL BE PROVIDED WITH THE ERECTION OF A BILLBOARD ON ANY LOT NOT OCCUPIED BY PERMANENT STRUCTURES . OUTDOOR USES OR PARKING . 2 . LANDSCAPING SHALL EQUAL 15 SQUARE FEET FOR EACH LINEAL FOOT OF SIGN FACE TO A MAXIMUM OF 75% OF THE AREA OF THE LOT 3 . THE LANDSCAPING SHALL CONSIST OF GROUND COVER AND LIVING PLANT MATERIALS , A PLAN FOR WHICH SHALL BE SUBMITTED IN CONJUNCTION WITH THE APPLICATION FOR A PERMIT IN ACCORDANCE WITH SECTION 811 . LANDSCAPED AREA SHALL BE PROVIDED WITH A PERMANENT WATERING SYSTEM AND ALL PLANT MATERIALS SHALL BE MAINTAINED IN A LIVING CONDITION. V NO PART OF ANY SIGN STRUCTURE, EXCEPT THE SIGN COPY, SHALL BE PAINTED IN AN ENAMEL OR GLOSS PAINT, OR A COLOR WITH A REFLECTIVITY OF MORE THAN 20%, OR WITH A METALLIC COLOR . IN ADDITION HUES OF RED. ORANGE, YELLOW, OR PURPLE SHALL NOT BE USED. W. NOTWITHSTANDING OTHER PROVISIONS OF THIS SECTION, NO PART OF ANY OUTDOOR ADVERTIS- ING STRUCTURE LOCATED IN A C-3 DISTRICT SHALL BE LOCATED CLOSER THAN 75 FEET FROM A RESIDEN- TIAL DISTRICT. AN. N. Amend Section 853 by repealing subsection E O. Amend Section 854-E by repealing subsection E. SECTION 2 . WHEREAS , the immediate operation of the provisions of this Ordinance is necessary for the preservation Ord . No. - 12 - of the public peace, health, and safety, an EMERGENCY is hereby declared to exist , and this Ordinance shall be in full force and effect from and after its passage by the Council as required by the City Charter and is hereby exempted from the referendum clause of said Charter . PASSED by the Council of the City of Phoenix this l' J day of i+str R . 1986 . ( �-)� -' - _j MAYOR i 7rST: I , City Clerk AP ROVED AS TO FORM* ACTING •�j ' '_ 1«— City Attorney j REVIEWED 'BY: t'1 � �1e(/, City Manager MH/ps/1008n 07/08/86 Ord . No . G 2 9 0 2 - 13 - EXTRA I THE ARIZONA REPUBLIC SE WEDNESDAY,OCTOBER 15,194e. Downtown.sign rule approved despite Chamber-opposition By�ans amiss Arthur envy of our neighbors,"he said. which is planning a 254-room, Ito Arthur said that the City Council 72-feet-tall hotel at 7275E Tlurd SCOTTSDALE—Despiteopposi- had less than an hour to study a St tion from the Scottsdale Chamber revised version of the sign ordi- The city should not be stirred of Commerce, the city has a nsnce that applies to hotels,motels into action because the Marriott downtown sign ordinance. and inns in the downtown district wants this ordinance,Arthur said. An impassioned plea by former The ordinance,which allows for ' 'They have based their decision Chamber President Bill Arthur -off:premise signs,would discnmr• (to come to Scottsdale).on market. that the new ordinance weu hastily nate against such downtown hotels ing and a feasibility.study,not on drafted and diacriminatory to other as the Sunburst the Ramada Val- the size of a sign,I'm sure"he said., downtown buildings went for ley Ho, The Towers, the Fifth Arthur backed by a vote of the •taught when-the City Council Avenue Inn,en well as hotels in the board of directors of'the Chamber; • Approved the ordinance on a 4-2 .rest of the city,Arthur said. urged that the conned hold oft on • Thera u en existing,overall city The new ordinance allows 1% deciding on the downtown ordi- sign ordinance,but the new ordi• square feet of sign for every 1,000 nance and take time to look at the tents would apply atrise a down• square feet of building or 250 city's sign ordinance as a whole. town. -- : c-. square feet,whichever is less;and However, four downtown mer. sauna-.member-Sam-cam of(premise signs where the hotel is chants spoke ut favor of the and Myron Deibel reef the dissent part of a block of development and, ordinance,which they said would ftigvotes at the Oct 7 meeting has no frontage on a main street encourage business in the area. Arthur told the council that in • In addition,only one freestand- "The downtown plan is to bring his 29,,yeara as a Scottsdale reel- 'rag sign or freestanding wall sign businees in,not chase it out, mid dent,19 spent as a member of the is allowed for each hotel,wall signs Erik Denk,president or the Fifth planning commission,he never had cannot be larger than 70 square Avenue Merchants Association. publiclyy opposed the City Council, ,,feet and must be mounted below The attorney representing Mar. But be said he had to speak out the 38-foot level,freestanding wall nail,Paul Gilbert,said that al- because he felt that the city's',',s18na cannot be larger than 30 though Marriott would prefer a current sign.ordinance should rule; squsre feet or higher than 6 feet; 72-foot sign, the company was the entire city including the down- and freestanding signs cannot be "comfortable with the ordinance -town area,and that the downtown greater than 30 square feet or Mayor Herb Drinkweter said he ordinance already offers many sun- higher than 10 feet had assurances from Bill Marriott, cessions to encourage business. • Arthur said he felt the ordinance president'of Marriott Corp.,that ,."'Our sign ordinance as it la was made only to fit the proposed Marriott would not pull out if it did cdrrently written is strict and the requirements of the Marriott Corp.. not get a 72-foot sign. Council to consider reducing sip limits By Ed Taylor reduction in maximum size from Staff water 300 square feet to 150 square feet in The Mesa City Council will March.But members of the new /ak consider reducing the allowable size council said that wasn't enough. of commercial signs at its meeting The Planning and Zoning Board Monday—only 6' months after the and the Board of Adjustment have former council chopped maximum recommended the 80-square-toot sign sizes in half limit while the city's new Design The meeting will begin at 5:10 Review Board bas recommended p.m.in the council chambers,57 E. even tougher restrictions:a max- First St. imum height of eight feet and an The proposed ordinance would area of 48 square feet reduce the maximum height of a Last March the Mesa Chamber of free-standing commercial sign Commerce recommended a max- from 20 feet to 12 feet and the Imam height of 15 feet and an area maximum size from 150 square feet of 100 square feet to 80 square feet. At a City Council study session The size of signs attached to Friday council member Ross commercial buildings also would be Farnsworth and Vice Mayor Dave reduced from a maximum of 150 to Guthrie said they might agree to the 80 square feet. Chamber of Commerce recommen- Businesses in small buildings dations,but both opposed further would be restricted to lesser sizes reductions. based on the street frontage. "I think if the citizens of Mesa If approved,the size restrictions understood this issue,they wouldn't would affect only new signs.But the want it,"Farnsworth said. new rules would apply to existing PlanningDirector Wayne Balmer businesses if the old sign is replaced said the c y has received few or the business changes ownership. The changes were supported by a comments on the proposal from majority of council members at a representatives of the sign study retreat in June as a measure to industry improve the city'p appearance. Maximum allowable heights for The former cduscll approved a (lease cum to Counsa,82 Continued from page 81 wait for rides; signs in other Valley cities range •Authorizing thecity attorneyto from 48 feet in Phoenix to eight feet begin legal proceedings to acquire in Tempe and maximum areas the Mesa Grande ruins at Date and 4Q range for 450 square feet in 10th Street, which is owned by Chandler for shopping center Aquanetta Rosa.Ross and the city identification to 24 square feet in have been unable to agree on a Tempe. purchase pnce prompting the city In other action. the council Is to try to buy the property through its scheduled to consider power of eminent domain; •Annexing 1,570 acres of vacant •Amending the city code to land in East Mesa along MrKellips make it easier for the police Road between the Central Arizona department to remove abandoned Project canal and User),Mountain vehicles from streets and private Part; property and prohibiting large •A staff recommendation that commercial trucks from parking in the city's Dial-A-Ride taxi service residential areas unless engaged in be - • -ice rasaperated case sy temely as witt.aa30.minute t commercial unto puing, such as Oo Ys boding or unloading. .•. ... ROLL CALL VOTE SHEET etpd NOTES ,/ �c 0, 1T ITEM # 5 MEETING 0 PLOT I 0N BY: __/' A(\ ' SECONDED BY. YE NO ABSTAINED VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON j "` COUNCILWOMAN GARDNER V COUNCILWOMAN TAYLOR 1, 1// , COUNCILMAN BALJO MAYOR HILL j ' , UNANI"IOUS , IN FAVOR OPPOSED ABSTAINED TOTAL i . An lk — - ITEM NO. 18 I MOVE THAT THE GOALS AND OBJECTIVES FOR THE TRANSPORTATION BOARD, BE APPROVED; AND THAT THE RECOMMENDATIONS AS PRESENTED BY THE TRANSPORTATION BOARD BE APPROVED, AND THAT THE DEPARTMENT OF PUBLIC WORKS, THROUGH THE ACTING CITY MANAGER, BE DIRECTED TO PROVIDE THE ARIZONA DEPARTMENT OF TRANSPORTATION WITH NOTICE OF THESE ACTIONS AND FURTHER COORDINATE AS MAY BE APPROPRIATE; AND THAT THE SIGN ORDINANCE BE REVIEWED IN REGARD TO BILLBOARD CONSTRUCTION ALONG THE SUPERSTITION FREEWAY CORRIDOR. ixtiACHF✓ , F ; GL a ,, ..,4 ' O U t Z -IR P CO.it o v¢ ucheunction izoN p ,..., MEMORANDUM TO : HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH: ACTING CITY MANAGER tJ' FROM: //�\� DIRECTOR OF COMMUNITY SERVICES DATE : i' OCTOBER 14 , 1986 SUBJECT : FACILITY USE FOR POLITICAL PURPOSE The Apache Junction Area Democrats have made a request for the use of the Community Center to conduct monthly meetings . According to our Facility Use Manual , groups wishing to use City facilities for political purposes must obtain City Council approval . Your consideration of this request is appreciated . Agenda Approved by ��' Date Item t{ Consent Agenda Public Hearing Old Business / New Business %/ R'' ,� Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 odook ic?/\CHE ✓G I `fi r;U 1 - 1 `'ity o , ipache cOunction<- 4 '1PIZOOk MEMORANDUM TO : HONORABLE MAYOR & COUNCIL MEMBERS THROUGH: ACTING CITY MANAGER FROM: "fin DIRECTOR OF COMMUNITY SERVICES DATE : OCTOBER 17 , 1986 SUBJECT: FACILITY USE FOR POLITICAL PURPOSE Local resident Jean Perkins has made a request for the use of the Community Center to conduct a "Meet Your Candidate Night" on Sunday, November 2 between the hours of 4 : 00 and 8 : 00 P .M. According to our Facility Use Manual , groups wishing to use City facilities for political purposes must obtain City Council approval . Your consideration of this request is appreciated . 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 ROLL CALL VOTE SHEET NOTES (lir C) t,/ C 6/ r))) I) J In Ilk. , ( ` 1 Ioil ITEM #I i MEETING OF cT- I\ i MOTION BY: SECONDED BY: � � YES NO ABSTAINED COUNCILMAN BALJO I VICE MAYOR BAKKEDAHL fi COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR I MAYOR HILL J UNANITOUS , IN FAVOR OPPOSED ABSTAINED TOTAL .+\ ITEM NO. 19 I MOVE THAT THE REQUEST FOR THE USE OF THE COMMUNITY CENTER FACILITY BY THE APACHE JUNCTION AREA DEMOCRATS TO CONDUCT MONTHLY MEETINGS, AND BY JEAN PERKINS FOR "MEET YOUR CANDIDATE NIGHT" ON NOVEMBER 2, 1986, BE APPROVED. Adak Ink PQACHE✓ Ok G2n K R sn�ti ,�,� . P `Oil o pache 09unction 1ZON Agenda Approved by 4"0-----' Date Item # October 16, 1986 Consent Agenda Public Hearing Old Business New Business /%//qp 0'1C) MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Postponed Item FROM: ACTING CITY MANAGER/CITY CLERK SUBJECT: OFFICIAL DESIGNATION OF CITY VEHICLES Arizona Revised Statutes §28-1441 requires that each political subdivision of the state designate its official vehicles in a particular manner which includes the name of the political subdivision and the wording "for official use only" on each of the vehicles. The city complies by using the city seal and the required wording on the side of each vehicle. The law (A.R.S. §28-1443) provides for exemptions to the regulations upon action of the appropriate governing body. The city has been reviewing these exemptions on a yearly basis or as needed. At present, the only vehicles exempted are police vehicles, those vehicles used for undercover police activities, and the vehicle driven by the Economic Development Specialist. ,� According to the definition of exemptions outlined in A.R.S. §28-1443 (B), the unmarked cars used by the police department would qualify since they are used to investigate felonies or partake in activities of a confidential nature. This would also apply to the city manager's vehicle since the car is equipped with a police radio with the appropriate frequencies to be used in undercover work. I am uncertain about extending this exemption to the Economic Development vehicle since the vehicle is not equipped to be used in undercover operations and the economic development of the city is not an activity "of a confidential nature" in the true and legal sense of the word. This vehicle also has the LG license plates which designate local government use. All other city vehicles with this type of license are officially marked. The police undercover vehicles and the manager's vehicle do not have government license plates. I am requesting that the council review the use of these vehicles and act to designate those which should be exempted. kmc 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220 0190 • TELEPHONE(602)982 8002 0 , §28-1423 TRANSPORTATION TRANSPORTATION §28-1451 s - E A person who refuses to permit inspection under this section is guilty of a class 1 B. The governing body of each political subdivision shall approve a uniform pattern 1, i for use in designating the political subdivision motor vehicles 5 misdemeanor C Added by Laws 1985 Ch 287 § 1 1 C A person who knowingly places a pattern or insignia approved for use as a ` i designation for motor vehicles of the state or a political subdivision on a motor vehicle not i owned or leased by the state or a political subdivision is guilty of a class 2 misdemeanor i ARTICLE 7 DESIGNATION OF STATE AUTOMOBILES Amended by Laws 1978 Ch 201 §493 eff Oct.1,1978 '?i .r termination under Sunset Law,see italic note preceding§28-101 ' For application of Laws 1978,Ch 201,effec- Fines,see§ 13-801 et seq 1 Live October 1,1978,see note following§ 1-215 Offenses,culpable mental state,see§ 13-105 i § 28-1441 D signation of motor vehicles of state or its political subdivisions For effective date provision of Laws 1978 Ch Sentences of imprisonment, see § 13-701 et '! 201,see note following§ 1-215 seq ii - -. as provided in§ 28-1443,all motor vehicles owned or leased for a period of one year or more by the state or any of its political subdivisions shall bear the designation Cross References ' in a visible manner in accordance with rules adopted by the department of administration j Classification of offenses,see§ 13-601 et seq ',; • or as determined by the political subdivision,"state of Arizona—(name of department , or agency)"or the name of the political subdivision of the state and the department or § 28-1443. Exemptions ,If,, agency thereof by which such motor vehicle is owned or leased ,i Notes of Decisions tial nature could apply for an exemption from B In addition to the requirements provided in subsection A of this section,all such ''i.1 motor vehicles shall have placed in a visible manner in accordance with rules adopted by 1 School districts the requirements of§28 1441 et seq relating to ;t i If school district wishes to provide school su designation of state automobiles creates a is the department of administration or as determined bythepolitical subdivision theverylimited exception P perintendent with a motor vehicle for personalon to the requirements of pe a P ��"t ! designation"for official use only" use as part of a compensation package for super- §28-1441 relating to the designation of motor ; intendent's services to the district,an alternative vehicles of the state or itspolitical subdivisions, C For the purposes of this section,"political subdivisions"includes all organizations l y.' to providing a district-ownedor leased motor andboardwould have to make a school district tax exempt as political subdivisions under the provisions of the constitution or laws of this vehicle would be to have the district contract factual determination that it had a duty to en ;' state , with the superintendent to pay a vehicle allow gage in confidential activities which would neces Amended by Laws 1983,Ch 251,§ 1 ance in the amount of the lease payments Op. skate the use of an unmarked motor vehicle byi Cross References government employees Op.Atty Gen No. Arty Gen No 180-137 the school superintendent before the district Evidence of motor vehicle financial responsibil I80-137 This section providing that state department could provide the superintendent with an un It ity,state or subdivision vehicles,see§26 1253 2 Exceptions or agency head having power and duty to con marked leased motor vehicle or the district could a, P duct rehabilitation or social service programs, be accused of having abused its discretion by '. If school district wishes to provide school su felony investigations,or activities of a confiden- granting the exemption Id penntendent with a motor vehicle for personal 1: Notes of Decisions use as part of a compensation package for super- In general I intendent's services to the district,an alternative § 28-1444 Violation, classification Exceptions 2 to providing a district-owned or leased motor vehicle would be to have the district contract Failure to comply with any provision of this article is a class 2 misdemeanor unless with the superintendent to pay a vehicle allow another classification is specifically prescnbed in this article. ance in the amount of the lease payments Op Amended by Laws 1978,Ch 201,§494,eff Oct 1,1978, Laws 1982,Ch 37,§25 1 in general Atty Gen No I80-137 1, A school district-Owned or leased motor vehicle Section 28-1443 providing that state depart- For application of Laws 1978,Ch 201,effec- Fines,see§ 13-801 et seq provided to school superintendent as part of a ment or agency head having power and duty to tive October 1 1978 see note following§ 1-215 Sentences of imprisonment, see § 13-701 et ' compensation package must contain the insignia conduct rehabilitation or social service programs, For effective date provision of Laws 1978,Ch seq required in this section relating to the designs felony investigations,or activities of a confiden 201,see note following§ 1-215 '' lion of motor vehicles of the state or its political tial nature could apply for an exemption from p y Cross References subdivisions and this requirement makes it map- the requirements of§28-1441 et seq relating to propriate to use such vehicle for personal use the designation of state automobiles creates a Classification of offenses see§ 13-601 et seq I Op.Atty Gen No.i80-138 very limited exception to the requirements of Labeling requirement of this section which th>s section relating to the designation of motor vehicles of the state or its political subdivisions, ARTICLE 8 TITLE SERVICE COMPANIES requires thatmotor vehicles owned or leased qby and school district board would have to make a state or its political subdivisions bear the desig- , factual determination that it had a duty to en Article 8,consistingof28-1451 to 28-1 61 was added byLaws 1984, Ch. §§ 4 4 n me of department nation 'State of Arizona a � P gage in confidential activities which would neces- t or agency)"or the name of the political subdivi- state the use of an unmarked motor vehicle by 289,§1,e fjeet ve August 9, 1984 sion of the state and the department or agency the school superintendent before the district i thereof by which the motor vehicle is owned or could provide the superintendent with an un § 28-1451 Definitions )4 leased and the designation "for official use marked leased motor vehicle or the district could In this article,unless the context otherwise requires •only" indicates a legislative intent that such be accused of having abused its discretion by vehicle not be made available for personal use by granting the exemption Id 1 "Assistant director" means the assistant director for the motor vehicle division iJi t' § 28-1442. P tterns and insignias on motor vehicles of state or its political subdlvi- 2 "Title service company"means a person,other than a licensed motor vehicle dealer, '' arose• tternson, classificationnigni who,for a fee,issues temporary registration plates or markers and prepares and submits p to the motor vehicle division applications for registration of,and certificates of title to, A The state highway engineer shall approve a uniform pattern for use in the motor vehicles g Y g PP designation of state motor vehicles A state agency or department may use a distinctive ! Added byLaws 1984,Ch 289, 1 insignia, other than the uniform pattern, on approval of the insignia by the governor § 274 275 .I • § 28-1441 TRANSPORTATION Title 28 Ch 8 DESIGNATION OF STATE AUTOMOBILES § 28-1444 G For the purposes of this section, "political subdivisions" in- eludes all organizations tax exempt as political subdivisions under the B. The head of any state department or agency having the power • provisions of the constitution or laws of this state and duty to conduct vibes htatlon or social service programs, fe_l the investigations or activities of a confidential nature, may apply to the As amended Laws 1970 Ch 96 § 1 governor or it a department or agency of S Y a political subdivision, to Historical Note the governing body of such political subdivision, for an exemption from the provisions of this article for a motor vehicle used in such Source g I Ch 23 L 45 1st S.S 96 d61 or agency of the silt& or my employee service stating the nature of the service, the year, make, model and of any such department or agency shall sir Sapp ,2bear identification number,of the motor vehicle and providing other infer- of a s h depot me In late rs three The 1970 amendment rewrote this see inches in height,painted on each side of motion the governor or subdivision governing body requires, and the aims a hid'prior tbt veto read tb+ Maly of such automobile, State of governor, or subdivision governing An automobiles oo•mv1 by the state Arizona—(name of department or ngea body, as a matter of exceed one d:- and operated by an officer department cyl may grant such exemption for a period of time not to one year It § 28-1442. Patterns and insignias on motor vehicles of state As amended Laws 1970, Ch 96, § 3 or its political subdivisions Historical Note !; A The state highway engineer shall approve a uniform pattern Source for use in the designation of state motor vehicles A state agency or 3 3 t.h 2.'i L.'45,lot ti.S r;ri-3fx1 c 1'owt'' and duty r to conduct ;Imorn ilea , •i9,Sapp '42 bons "f :+ secret maim way : ,plv (" department may use a distinctive insignia, other than the uniform tin governor for•,,, ici,exemptiono from u+.•TM 1070 amendment rewrote this sir provisions of alai,snit+ for au:u+anwo- pattern,on approval of the insignia by the governor lion which prior du rate rend )` tonhilt used in such sere In,stating the on B The governing body of each political subdivision shall approve n '1'hr Provisions of fhis art leis fun of th+ rein It&,. l ovidi ,t,other 1 sh:di not apply to the governorle desig of the antaaolai le and providing other a uniform pattern for use in designating the political subdivision n,u�Kl tot rfie use at the governor ft. motor vehicles "B The head of any hev enforce i+[r')l•govern rin gohis di rretion •,nd went department or agency havingtfit the governor In his discretion may C. A person who places a pattern or insignia approved for use as grant such exemption a designation for motor vehicles of the state or a political subdivision Cross References .1:<6, on a motor vehicle not owned or leased by the state or a political sub- Official vehicles,regular registration plates,ace 128t-317 division is guilty of a misdemeanor t'''', As amended Laws 1970,Ch 96,§2 § 28-1444. Penalty a,. Historical Note Failure to comply with any provision of this article is a misde Source Reviser's Note meaner 2 t h 23 L 45,1st S.S, 6fi-202,C The second sentence of Laws 1945,1st s '30 Stipp '52 Spec Sess., Ch 23, it 2 (66-2(r2, t, 39, Stipp 52) provided that all custodians Historical Note Source The 1970 amendment rewrote this see tion which prior thereto read of state automobiles present such auto mobiles at the highway department for ! 14 (.h 23,I '45 1st S.S Gf 1L4 t "The state highway engineer shall :39,Stapp '52 adoptpatterndesignating within thirty days after tin. !i• � a uniform for use in the effective date of the act The provision r:,;.; designation of state automobiles, and Cross References `•� the highway department shall affix Is deleted as executed such designation, as provided by § 28- Punishment for misdemeanor when not otherwise prescribed,see§13-1645, f•t' j. 1441,. § 28-1443. emptions • f. r •• • • . ons of this article shall not apply to motor vehicles •-1, designated for the use of the governor. -e 596 5 t t 597 • i to aeroV ( Jfr I' ROLL CALL VOTE SHEET u NOTES , i(/1 tu V Uj pt7 N ` sAy l ` c psm � o 1 ITEM # t MEETING OF 2/ MOTION BY: SECONDED BY. YES NO ABSTAINED COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL _ I COUNCILMAN EIDSON V COUNCILWOMAN GARDNER MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL eIN MEW ITEM NO. 20 I MOVE THAT THE FOLLOWING CITY VEHICLES BE DESIGNATED AS "EXEMPT": 8Y _ eu U r Z ;m us -1RizoNP city of , ipacheunction — October 17, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER 4,/ SUBJECT: VACATION OF RIGHT-OF-WAY (MANZANITA STREET) At the July 1st council meeting, the council discussed the vacation of a portion of Manzanita Street due to the aban- donment of the street to the east . In order for this to be accomplished, council action is required. The city attorney has prepared the necessary papers for the vacation of a portion of Manzanita Street east of Desert View Drive and for the return of the property to the owners . This item will appear on the October 21st agenda for your consideration. Ink Agenda Approved by / .�„. Date Item # kmc Consent Agenda Public Hearing ----------- Old Business /�J/ New Business Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 AIN Am. RESOLUTION NO 86-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A PORTION OF A ROADWAY LOCATED ON MANZANITA STREET BE VACATED, AND THAT THE TITLE TO SUCH PORTION OF ROADWAY SHALL VEST IN THE NAMES OF DANIEL T RUBY AND GLORIA A RUBY eiN AS JOINT TENANTS SUBJECT TO THE SAME ENCUMBERANCES, LIENS, LIMITATIONS, RESTRICTIONS, AND ESTATES AS EXIST ON THE LAND TO WHICH IT ACCRUES WHEREAS, Daniel T. Ruby and Gloria A. Ruby requested that a portion of roadway located on Manzanita Street and more particularly described as. The South 25' of the South half of the West half of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base & Meridian, Pinal County, Arizona. EXCEPTING the West 33' thereof and EXCEPTING all oil, gas and other mineral deposits, as reserved unto the United States of America in the Patent of said land be vacated, and WHEREAS, the City of Apache Junction, Arizona, has no further need of certain portions of Manzanita Street, East of Desert View Drive for public use as a public right-of- way, and WHEREAS, the vacated roadway, if approved, would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway or otherwise have access to a public roadway by a Federally Patented Easement, and WHEREAS, Daniel T. Ruby and Gloria A Ruby had previously dedicated the above described parcel of land to the City of Apache Junction, Pinal County, Arizona, by a document recorded in the Pinal County Recorder's Office, dated October 1, 1984 NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the above-described roadway be vacated for public roadway purposes, BE IT FURTHER RESOLVED that said roadway accrue to the following described land- The South half of the West half of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona EXCEPTING all oil, gas and other mineral deposits, as reserved unto the United States of America in the Patent of said land. BE IT FURTHER RESOLVED, that the City Manager of Apache Junction, Arizona, or his designee be authorized to execute a quit-claim deed to Daniel T. Ruby and Gloria A. Ruby as joint-tenants, not as tenants-in-common subject to all encumberances, liens, limitations, restrictions, for the vacated roadway above-described and estates as exist on the land to which it accrues and further subject to any and all Federally Patented Easements to which said parcel may be subject, and expressly reserving rights of ingress and egress opiN for public and emergency vehicles, all property owners, their guests and invitees and persons lawfully conducting business on the land PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986. NORMAN S HILL MAYOR ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. DAVID F ALEXANDER City Attorney ROLL CALL VOTE SHEET NOTES 110 rlYS/4/ w 00,,) -)1/5 01 t to 0 ITEM I r \k o MEETING OF UcifirY" MOT I ON BY. SECONDED BY. YES NO ABSTAINED COUNCILWOMAN TAYLOR j COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN L OMAN GARDNER a , / MAYOR HILL V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL p Aft. Ask ITEM NO. 21 I MOVE THAT RESOLUTION NO. 86-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A PORTION OF A ROADWAY LOCATED ON MANZANITA STREET BE VACATED, AND THAT THE TITLE TO SUCH PORTION OF ROADWAY SHALL VEST IN THE NAMES OF DANIEL T. RUBY AND GLORIA A. RUBY AS JOINT TENANTS SUBJECT TO THE SAME ENCUMBERANCES, LIENS, LIMITATIONS, RESTRICTIONS, AND ESTATES AS EXIST ON THE LAND TO WHICH IT ACCRUES, BE APPROVED AND ADOPTED. (11ACHF ~ rsz yx. ,ZONP amity o� i ache &unction October 16, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER SUBJECT: DIRECTION ON GROWTH CONFERENCE RECOMMENDATIONS Of the many recommendations that resulted from the first Apache Junction Growth Conference, several were considered to be a top priority. Since all of these recommendations required action by the city staff in the area of research, personal contacts, preparation of documentation, con- ferences with the city attorney, and the expenditure of city funds in the form of time and resources, I feel that it is appropriate for the council to give specific direction before any of these steps are taken. The areas of particular importance included the hiring of a public information specialist with the recommendation that a committee of conference participants assist in the writing of the job description; action on the establishment of a centralized sewer system with explor- ation of the option of contracting with the City of Mesa in the interim; 116, the undertaking of a design and feasibility study for such a centralized sewer system; and the creation of a "bedroom tax". Attached is a copy of the final report from the conference. The council may wish to give specific direction on some of the other recommendations contained in this report. This item will be placed on the October 21st agenda for your consideration. Agenda Approved by Date Item a kmc Consent Agenda Public Hearing Old Business New Business '(Z9d, Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 APACHE JUNCTION GROWTH CONFERENCE October 12 - 14, 1986 CONSENSUS The City Council, City personnel, Chamber of Commerce and the people of Apache Junction must make a serious commitment to improve the Image -- both physically and psychologically -- of Apache Junction. Psychologically: by stressing, publicly, the positive quality of life and the contributions made by both the public and private sectors, which benefit the City and its residents. To do this efficiently requires the employ- ment, by the City, of a professional public information specialist to act as liaison between the City government, the media and the people. A specific responsibility of this position would be the publication at regular intervals, of a newsletter or some form of a "State of the City" report. A committee, selected from attendees at the Growth Conference should be formed to assist in writing a job description for the public information position. Consensus was reached on the following steps to help overcome Apache Junction's present image, which, all agreed, is poor to bad or worse: a) Improved garbage and trash collection, including additional periodic special clean-up collections. b) Stricter laws, penalties and better enforcement to eliminate the presence of abandoned vehicles. c) Development of programs (ie. "block contests") to encourage residents to clean up their own neighborhoods. d) More flexibility in ordinance restricting signing, which would would allow owners of existing "grandfathered installations" to bring signs into conformance without "offset" improvements, thus allowing step-at-a-time improvement. e) Identify entry points to the City with appropriate signing. f) Develop a program to upgrade the appearance of Apache Trail proper, including securing ADOT grant(s) to improve the media within the City limits, installing appropriate street lighting and by encouraging local organizations to "adopt a portion of the Trail", whereby they would secure the cooperation of property owners to make every effort to improve the "cosmetic" appearance of their properties. WATER, SEWERS, FINANCING Sewers are the first priority. The City should pursue the development of a centralized sewer system. In the interim the "Mesa Option" should be explored. o. Amr Page 2. Apache Junction Growth Conference -- Consensus Taxation of property is not necessarily a prerequisite of the development of a sewerage system. The City should establish a "water users" group of Pinal County municipalities. Sooner or later, the City should own the water supply system(s) and the necessary financial information should be obtained to determine the feasibility and a timetable for such an undertaking. "Privatization" is mandated for a centralized sewer system. A design and feasiblity study for a centralized sewer system should be undertaken without delay. The City should explore bonding and tax options with a property tax the least preferred option. Financing should include "hook up" and "water usage" fees. An ordinance calling for "bed room" taxes to be paid to the City should be adopted. A utility franchise tax should be established. Better collection of existing taxes must be implemented. "Development" taxes should be established to insure that future users of the system will contribute to its original costs. .... .0.. rirap.cHE.✓G'L0 .., ,, _.h.._...,„0 U ►.. 1^J►' z ,f4 + .y y ,iRIZpNP c ity o C4pache o9unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT /.1\ October 15, 1986 MEMORANDA HONORABLE MAYOR AND CITY COUNCIL FROM: TONY VEHON, CHAIRMAN PLANNING AND ZONING COMMISSION During our October 14, 1986 commission meeting we reviewed a Maricopa County zoning case for a 160 acre parcel on the northwest corner of Superstition Boulevard and Meridian Road. Mr. Sorenson, representing Gillander Stark Develop- ment Company, informed the commission that they were negotiating with the City of Mesa to extend Mesa's sewage line approximately two miles to their project which would bring it to the City' s border. Mr. Sorenson indicated to us that this would be a 24" line and that the cost of the extension would have to be paid by the developer. In light of this recent information, the Planning and Zoning Commission is hereby recommending to the City Council that they direct staff to immediately begin contacting the City of Mesa to pursue alternatives for Apache Junction tapping into this sewage line extension. It is our understanding that the engineering and design has not yet begun and we believe that if we wait a great opportunity for our City may slip by. It is our belief that our City' s future growth is dependent upon a sewage system being built in Apache Junction and that an opportunity like this requires the Council ' s immediate attention. TV:jo 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 1 X / v ROLL CALL VOT T� / V 1P"NOTES / ti)i);" . /11/ V e41 4 YA (frti, /9/ ptP i ", kil ,0',,,,), \g) mr...01%, Oki - u.(Id (, (P I 2'i 1 , \-1 OvPb' jto u/''0-11 xli - \I/ bl ‘, . kv -6) Ats\ , , viic )9)' tp, ,,p ®0‘,9,01 , eo ot ITEP1 # w MEETING OF (6 2-4 c MOTION BY: SECONDED BY: —14--/ '`' I NO ABSTAINED COUNCILWOMAN GARDNER A . COUNCILWOMAN TAYLOR I COUNCILMAN BALJO VICE MAYOR BAKKEDAHL I COUNCILMAN EIDSON v/ 7 MAYOR HILL UNANI"^OU , IN FAVOR OPPOSED ABSTAINED TOTAL Am Ilk ITEM NO. 22 I MOVE THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO TAKE THE FOLLOWING STEPS TO RESEARCH AND/OR IMPLEMENT THE FOLLOWING RECOMMENDATIONS RESULTING FROM THE APACHE JUNCTION GROWTH CONFERENCE: I FURTHER MOVE THAT DIRECTION BE GIVEN TO CONTACT THE CITY OF MESA REGARDING SEWER SYSTEM EXPANSION AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. CITY OF APACHE JUNCTION IBM VALUE SYSTEM/36 3 MONTH WARRANTY $ 375 - $125 PER MONTH - 24 HOURS PER DAY/7 DAYS PER. WEEK STAGE II PROCESSOR $3, 600 - 30% FASTER - ADDITIONAL GROWTH CAPACITY PREINSTALL TEST TIME $ 994 - DISCONTINUE S/34 (ONE MONTH SAVINGS) 1P58 ,2936 , 5 , 1 CITY OF APACHE JUNCTION IBM ADDED VALUE 1 ) IBM MARKETING REPRESENTATIVE - COORDINATOR OF IBM RESOURCES - CAPACITY PLANNING FOR GROWTH - NEW PRODUCT ANNOUNCEMENTS 2) IBM SYSTEMS ENGINEER - INSTALLATION ASSISTANCE - CONVERSION ASSISTANCE - S/36 OPERATING SYSTEM ASSISTANCE - TECHNICAL CONSULTATION 3) TOLL FREE SYSTEM/36 RESPONSE LINE - 6 MONTHS 4) IBM CUSTOMER CENTER - PREINSTALL TEST TIME - FREE EDUCATIONAL SEMINARS - CONVERSION ASSISTANCE 5) SYSTEM/36 HARDWARE MANUALS - FREE UPDATE TO MANUALS 1P58 ,2936 , 5 ,2 CITY OF APACHE JUNCTION COST ANALYSIS STATED DIFFERENCE BETWEEN OPTION 2 AND 3 = $8,280 LESS : IBM WARRANTY $ 375 STAGE II PROCESSOR 3 ,600 PREINSTALL TEST TIME 994 AMOUNT 4,969 NET DIFFERENCE $3,311 $3,311 PRORATED OVER 60 MONTHS = $55 IBM ADDED VALUE 1) IBM MARKETING REPRESENTATIVE 2) IBM SYSTEM ENGINEER 3) IBM CUSTOMER CENTER 4) SYSTEM/36 RESPONSE LINE 5) SYSTEM/36 MANUALS 1P58 ,2936 , 5 ,3 . PQA CHF✓G ' O U :�, j C Z �R1ZONP `(,�Jil/ O L �Guct2c &Junction OCTOBER 3, 1986 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: KATHLEEN CONNELLY, ACTING CITY MANAGER lie/ FROM: KEITH LEWIS, CONTROLLER /- SUBJECT: COMPUTER UPGRADE TO SYSTEM 36 For the past six years, the City has been using a System 34 for its computer needs. There have been a couple of memory and disk upgrades to the system plus the recent addition of a second System 34 for the police department and court's use. The System 34 has served the City well , but due to technical changes in the data processing field, the system is not as cost-efficient as it should be due to the following: 1. The operating system software lease and maintenance charges on our two System 34's is costing approximately $700 more than it would on a System 36. ~ 2 System 34's 1 System 36 Operating System Software $606 $125 Maintenance 388 125 Total $994 250 The above comparison is based on purchasing equipment and leasing it from IBM. 2. Since we did not purchase the operating software for the System 34, we pay a monthly leasing fee even though it is no longer being supported by IBM. Agenda Approved by �� Date Item # Consent Agenda Public Hearing Old Business New Business /7 r" ' 3 Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION.ARIZONA 85220-0190 • TELEPHONE(602)982 8002 MEMO TO HONORABLE MAYOR AND CITY COUNCIL COMPUTER-UPGRADE TO SYSTEM 36 OCTOBER 3, 1986 PAGE TWO OF THREE 3. Our accounting and payroll programs also are no longer being supported by IBM, but we still lease them for $612 each month. a. Knowing that these two programs are no longer being supported and they do not interact with one another, we purchased a payroll package in June of 1986 for $4,500 from DLH/INE that will meet both payroll and personnel needs plus will interact with an �-► accounting package they offer. The new payroll program is supported by the company as long as we have our System 34. We purchased it at a reduced price with the understanding that we will pay the difference between the $8,000 System 36 version and the $4,500 we paid should we install a System 36. Knowing that in order to have programs that will keep up with changes in the City, we have been doing research on the size of the System 36 that would be needed to keep up with those changes. I feel that 1 megabyte of memory and 400 megabytes of disk space will last for three to five years. The cost breakdown is as follows: System 36 with 1 megabyte of memory and 400 megabytes of disk storage (before discount) $60,850 Cost after 20% State discount by IBM 48,680 Cost after 31% discount by broker 41,986 Cost of operating system software 5,580 Below are three options for purchasing a System 36 and operating software• Option 1: We purchase the System 36 and operating software from IBM under their financing plan at 10.82%. Cost of the System 36 and software is $54,260 with a monthly payment of $1,179 for 59 months and one month at $1,054, for a total cash outlay of $70,615; or purchase operating software ($5,580) and finance the System 36 at 10.82%. Cost of System 36 is $48,680 with a monthly payment of $1,054 for 60 months, for a total cash outlay of $68,820 (includes software) . Option 2: We purchase the System 36 and operating software from IBM. We pay for the operating software ($5,580) and finance the System 36 through Rauscher Pierce Refsnes Leasing, Inc. at 8.8%. Cost of the System 36 is $48,680 with a monthly payment of $1,001 for 60 months , for a total cash outlay of $65,640 (includes software) . Option 3: We purchase the System 36 from a broker and the operating software from IBM. We pay for the operating software ($5,580) and finance the System 36 through Rauscher Pierce Refsnes Leasing, Inc. at 8.8%. Cost of the System 36 is $41,986 with a monthly payment of $863 for 60 months for a total cash outlay of $57,360 (includes software) . AIM k• MEMO TO HONORABLE MAYOR AND CITY COUNCIL COMPUTER UPGRADE TO SYSTEM 36 OCTOBER 3, 1986 PAGE THREE OF THREE We would purchase the software outright under Options 2 and 3 because unless you finance your hardware through IBM, you cannot finance your software. We would therefore be paying a monthly leasing fee forever as we are doing currently with the System 34. OPTION 1 OPTION 2 OPTION 3 System 36 Hardware Total Cost 68,820 65,640 57,360 Savings by use of Option 2 3,180 Savings by use of Option 3 11,460 8,280 System 36 Hardware Monthly $1,054 $1,001 $ 863 System 36 Monthly Maintenance Cost 125 125 125 Total Monthly Costs $1,179 $1,126 $ 988 Less Current System 34 Maintenance Cost - 388 - 388 - 388 Less Current Operating System Software Cost - 606 - 606 - 606 Over (Under) Current Monthly Payment $ 310 $ 132 $ ( 6) This comparison is based on purchasing the system software. There are budgeted funds available to pay for this software ($5,580) under Federal Revenue Sharing's budget due to the word processor not costing as much as budgeted. We would save $1,795 in finance costs. As you can see by the above comparison, if we go with Option 3 there is no additional cost to the City. When the decision is made to purchase the System 36, we will need to make a /Mk change in our payroll and accounting software. As explained in 3a. above, we can convert our payroll program to a System 36 version for $3,500. This can be done at no additional cost to the City as we are paying $624 a month on the original payroll program and our accounting/budgeting program which would cost the City $3,684 for 6 months of the current budget year. There would be a cost to the City of $8,500 in this budget year for our accounting software which could come from Contingency. I would like the budgeting software, but the cost is $4,000 and I can wait until next budget year. JKL.mas ROLL CALL VOTE SHEET NOTES / pwrilvg) iVfc 0 (D/- / ITEM # MEETING OF MOTION BY: (Ii *V\r\A SECONDED BY : Y NO ABSTAINED COUNCILMAN EIDSON COUNCILWOMAN GARDNER COUNCILWOMAN TAYLOR J COUNCILMAN BALJO VICE MAYOR BAKKEDAHL I/ MAYOR HILL I UNANI"..OUS , IN FAVOR OPPOSED ABSTAINED TOTAL MEM MOM ITEM NO. 23 I MOVE THAT AUTHORIZATION BE GIVEN p TO THE CONTROLLER, THROUGH THE ACTING CITY MANAGER.p�,� TO PROCEED WITH THE rMeffArsE l7 OF AN IBM SYSTEM 36 WITH OPTION NO. , YVTHE AMOUNT OF TO BE TAKEN FROM THE CONTINGENCY ACCOUNTD'(L '` n PQp,CHF ✓ } `:STD Ftn141r . 1 '* 4 i"e r ,� 1 r• " �- 4,I.;t1�t�E O V VYt N 'li z IT, qRi ZOo NP' cOity o ill ache 0unction October 16, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER t/ SUBJECT: APPOINTMENT TO FILL COUNCIL VACANCY The city council had previously requested that letters of interest be submitted by those individuals wanting to serve on the council by filling the vacancy created by the resignation of Frank Jimenez. As of this writing, seven such letters have been received. Among the applicants are Deane K. Jones, Mary Lou Pierce, Elizabeth Helowicz, Ken Sanchez, Penny E. Secor, Jerry E. Burgess, Lynn Dittrich. Since the deadline for such letters is 5.00 p.m. on this date, there may be additional interested parties yet to be identified. All of the applicants will be contacted and questioned regarding their basic qualifications such as age, time of residency, election status, felony/treason convictions, restoration of civil rights, etc. All information on the applicants will be presented to the council prior to the Monday executive session and work session. Please contact me if you have any questions on the applicants. Agenda Approved by - i Date Item is kmc Consent Agenda Public Hearing Old Business T !/ New Busin 's /c'i e, c9T Postponed Item 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 ROLL CALL VOTE SHEET VA/ NOTES 6) f ITEM # n ` MEETING OF 16/)I MOTION BY: SECONDED BY: hf\-a) YES NO ABSTAINED VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON 1 COUNCILWOMAN GARDNER -01 -L-MAA-4/IpMkti-FL COUNCILWOMAN TAYLOR Vy COUNCILMAN BALJOtl; MAYOR HILL UNANI ^OUS IN FAVOR OPPOSED ABSTAINED TOTAL Aino. Ink =MIL ITEM NO. 24 I MOVE THAT BE APPOINTED TO THE CITY COUNCIL, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF FRANK JIMENEZ. ... — ROLL CALL VOTE SHEET NOTES (I U ( (1) bkii ITEM / 0\< o MEETING 0 t1N MOTION BY: SECONDED BY: 00/11> YES NO ABSTAINED COUNCILMAN BALJO VICE MAYOR BAKKEDAHL _ x/://;/ ''`, COUNCILMAN EIDSON \./COUNCILWOMAN GARDNER LaNale-1-L-MAirn-MENN,„ , i COUNCILWOMAN TAYLOR MAYOR HILL I 1 UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL C"" ITEM NO. 25 I MOVE THAT AN EXECUTIVE SESSION BE HELD AT 5:30 P.M. , AND A WORK SESSION AT 7:00 P.M. , ON NOVEMBER 3, 1986, IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 5:30 P.M. , ON NOVEMBER 4, 1986, IN THE CITY COUNCIL CHAMBERS. Or(SP.0 HE dez U '�,rook'r�►' z -- #.._ liy AlPizoNP cO ty o . C pache 02unct2on DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT October 15, 1986 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: KATHY CONNELLY, ACTING CITY MANAGER Viel FROM: It\CHUCK NEWCOMER, DIRECTOR OF PLANNING SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached please find copies of the Planning and Zoning Commission Minutes of September 17, 1986, Worksession and September 23, 1986. Please have the original Minutes placed in the "Minutes Book" in the City Clerk' s office. CRN:j 1 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA SEPTEMBER 23, 1986 7 P M WORK SESSION ON AGENDA ITEMS AT 6 30 P.M. PRESENT ABSENT GUESTS Ms Callahan List in Planning Mrs Conway Office Mrs. Davies Mr. Jorgensen ,^, Mr Taylor Mr Vanhoy Mr. Vehon, Chairman Mrs. Reid, Staff Mr. Williams, Staff Mr Nakagawa, Staff Mr. Newcomer, Executive Secretary Ms. Ortberg, Recording Secretary SYNOPSIS SUP-4-86 case withdrawn by applicant General Plan continued to October 28, 1986 PZ-28-86 recommended for approval with requested rezoning changed by Commission PZ-37-86 recommended for approval PZ-38-86 recommended for approval PZ-39-86 recommended for approval 1 Roll Call All members present 2. Taylor/Vanhoy M/S "I recommend that the Agenda dated September 23, 1986, and the Minutes dated September 9, 1986 be approved as submitted " IL Motion passed 7-0-0 for the Agenda and 7-0-1 for the Minutes with Mrs Conway voting present. 3. Chairman opened SUP-4-86 to the public, and since there was no further staff briefing, he asked the applicant to speak 4 Mr. Keehne stated that they are withdrawing this case 5 Chairman opened the public hearing for the General Plan. He stated that there will be no action taken by the Commisn tonight, this hearing is for public input He asked the representative from BRW, Inc., the consulting firm, to speak. 6. Mr Tomalczyk He gave the background of this proposed General Plan and showed slides of the design elements. 7. Chairman asked for the public to speak 8 Jim Swanson Stated the Superstition Horsemen's Association and also his own strong desire for 1; or 21 acre parcels and low density, being 1.0 dwelling units/acre. Feels speci- fically regarding the sections containing the eques- Ltrian/hiking trail, that medium or high density in the "trail" sections would constitute "spot" zoning and would not provide a smooth transition from the higher densities of the city to the lower densities of the outlying areas He asked that the Commission would consider the desires of the people who live in those areas, rather than a few developers who may come in and make a lot of money and then not stay Aft. Aft. P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE TWO 9 Emily Morris Has recently moved here, specifically because of the low density Strongly desires it to stay this way. 10. Joe Hathaway stated he can't see this area being highly developed and turning into another Mesa or Tempe They need the low-density here and that's what they moved out here for 11 Florence Weskerna Stated her preference for low density, but she also stated support for BRW's plan. Feels that Apache Junction �► must grow and have both the high and low density areas. 12 Brad Graham asked a question about density listed on the Land Use Draft map in Section 34. 13 Mr Tomalczyk assured him this map is not a current zoning map The designations on it are showing what the larger parcels (10 acres or more) are. 14 Mark Moerkerke wanted to commend the people of Apache Junction, and encourage them to protect their densities. 15 Lillian Diaz stated she is with the State Land Department. Stated they are in support of the densities as proposed for Sections 10, 11, 14, 23, and 26. Feels that the 1 0 to 2 0 density would not have an adverse impact on neighbor- ing properties They are in support of the General Plan Draft as a guideline, and that it be used as such. 16. Bob Lake stated he is concerned of the lack of commercial allowed on Ironwood between Apache Trail and University 17. Mr. Tomalczyk again stated that the map only shows the trend of large acreage, and not specific parcels of land 18 Mr Lake stated he feels that area should be designated for commer- cial purposes. 19 Dick Hogue concerned specifically about areas designated as P A D Feels that this would not allow a smooth transition from the higher areas to the lower areas, especially to the equestrian/hiking trail. 20 Mike Pegrim requesting that the whole General Plan as shown not be adopted because of the higher density proposed in Amok the rural and outlying areas Desires 1 0 and less 21. Chairman clarified that any General Plan adopted is subject to annual review to see if trends in the City are changing If so, they can go in and change the General Plan. 22 Earl Laabs stated his support of the above speakers in desiring 1.0 dwelling units per acre. 23 Larry Anderson wants density to remain to allow for the rural lifestyle 24. Howard Sistler stated that petitions have been circulated and people are upset because they thought these density issues were resolved two years ago. These people want minimum lot size to be 1 25 acres 25 Ann Wateri stated desire to see acreage that is currently being used to ride horses to remain and not be developed. 26 Frank Dole stated support of what he's heard. Also concerned about his area which is between Roundup and Greasewood He finds many little lots with mobile homes 111—s P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE THREE 27. Chairman clarified that this is currently a medium density area Assured him that along with the General Plan BRW is offering guidelines to the City for setting up these types of mobile homes. There will be stricter guidelines for setup so there is a smoother transition and look nicer. 28 Jeanette Eakins is concerned about the Red Mountain Parkway area and the feasibility of riding horses up in that area when that comes through I- 29 Brad Gillmore feels that when you move from low to medium density, you are really letting in more than just medium density because by letting in one developer, you must let in more as they come along. Wants to encourage Apache Junction to stand against higher densities in the lower density areas. 30. Martha Hopkins feels low density should remain on the state land east of Goldfield Feels the City should take care of its existing problems before trying to take in more property Does not feel that "bigger is better" 31 Lillian Diaz responded that state lands are not to be kept necessarily for open lands only They are kept for the most appro priate uses She explained the process of acquiring and the useage of state lands, and that no decisions ' are made quickly 32 Ruben Haas would like to see it so that developers would not be able to cut up the lands and develop extensively in his neighborhood along Goldfield Rd. 33 Joe Hathaway strongly encouraged residents to keep the size at 1 - l; acre parcels, to keep this area nice and attractive. 34 Earl Cassity feels it would not be wise to put 2 or 3 houses on the lands that currently only have one. 35 Frank Langford doesn't believe that adding houses to this area, especially at the base of the mountain can have any benefit. 36. Chairman closed this hearing to the public 37 Mrs. Conway stated she was delighted to see the public turnout and input Encouraged them to attend all city meetings Feels that people should express their desires to make sure they are listened to The Commission is trying to curb bad growth. 38. Mr Tomalczyk thanked the public for their comments and stated the second public hearing will be scheduled October 28, • 1986 39. Mr Nakagawa announced to the public the P & Z Work Session to be held October 1st at 6 p m in the Chamber of Commerce Building, and the joint City Council and P & Z Work Session to be held on October 8th at 7 p m in the Chamber of Commerce Building. 40. Vanhoy/Conway M/S "I move that we continue this General Plan public hearing to October 28, 1986 at 7 p m in these Council Chambers " • Motion passed 7-0-0 41. Chairman announced a 10 minute recess resumed this meeting at 9.20 p m. opened PZ-28-86 to the public and asked for staff's briefing. Amok Ark P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE FOUR 42 Mr Newcomer briefed the Commission regarding this request to rezone from GR General Rural to C-2 Local Commercial District. He stated this case had been heard previously with the request of C-3 zoning and the Commission recommended denial. After reevaluation, staff staff recommended this case be heard again, this time with the C-2 zoning request 43. Chairman asked the applicant to speak /'mik 44 Ruth Armsby responded and stated request. When asked if they would be in objection to giving a site plan, she did not feel they would Stated she felt the wash that runs through the property would provide a good buffer between the commercial and residential zoning 45 Chairman there being no one wishing to speak in favor or opposition, and staff having no further recommendations, he closed this hearing to the public 46. Mr. Taylor feels that Neighborhood Commercial/Convenience District (C-1) would be more appropriate in order to protect the residential district. 47. Chairman Feels that a site plan could offer this protection. 48 Mrs Armsby added that the reason that they've applied for Commercial is when the appraiser spoke to someone in Planning he was advised to request it 49 Mrs Conway asked Mrs. Armsby if she knew what the prospective buyers intend to build there 50 Mrs Armsby stated she knew but is not at liberty to say They Edoknow that what they are putting there will require a Special Use Permit 51 Taylor/Jorgensen "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-28-86, an application of Continental Illinois National Bank & Trust Company of Chicago, not personally, but as Trustee of the Marie Arnold Trust, Alan W Kral, Trust Officer for her property described as a matter of public record, requesting rezoning from GR General Rural to C-1 Neighborhood Commercial/Convenience District Amok Any stipulations or recommendations are 1. That the mobile home on the subject site be removed prior to commercial use of the site. 2. The applicant dedicate the North thirty-three feet (33'), the South thirty-three feet (33') and the East thirty-three feet (33') of the subject property for public roadway and associated purposes along with twenty foot (20' ) by twenty foot (20') cutoffs at intersections. The reasons for this recommendation changing the request from C-2 to C-1 is. 1. It's 80 feet plus off the highway which is breaking new ground that abuts to single family housing on the east The applicant has stated that they will have to get a Special Use Permit to do what they want to do, and at least not having a C-2 would reduce the impact on a neighborhood that really is not a bona fide commercial prospect accord- ing to the General Plan " 52 Mrs Davies Wants the City Council to know that the Commission had incomplete information, so this had to be their choice P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE FIVE 53. Mr Taylor stated this was one reason the motion was made for C-1 because the representative is not at liberty to say what will be going in there, but she did say they would have to obtain a Special Use Permit. Motion passed 5-2-0 with Mrs. Conway and Mr. Vehon dis- senting Mrs. Conway's reason was she felt this should have gone to the Council with the original recommendation and they look very carefully at the site plan rather than changing it here. 54. Chairman opened PZ-37-86 and asked for staff's briefing. 55 Mrs Reid briefed the Commission regarding this request to rezone from CB-1 Local Business Zone to C-2 Local Commercial District 56. Chairman asked the applicant to speak. 57. Leland Mason responded and answered questions. Stated they have a thrift store on Apache Trail. Because the rent has been raised, they are desiring to relocate this store on their property. They would like to put up a temporary steel building that they would rent. Later they would submit plans for a permanent structure 58 Chairman there being no one wishing to speak in favor or opposition, he asked for staff's recommendations. 59 Mrs. Reid Staff would recommend approval with stipulations. 60. Commission discussed the broken concrete that was in Weeke's Wash 61 Leland Mason stated that the concrete was given to them and couldn't be used, so they broke it up and tried to use it as IL erosion control 62 Chairman closed this hearing to the public. 63. Conway/Jorgensen M/S "I move that the Commission recommend to the Apache 1 Junction City Council the approval of rezoning case PZ-37-86, an application of the Disabled American Veterans Superstition Chapter #30, Inc. for their property described as a matter of public record, requesting rezoning from CB-1 Local Business Zone to C-2 Local Commercial DistriAft Any stipulations or recommendations are 1. A landscape plan be provided and approved 2 The applicant dedicate the south fifty feet (50' ) of the subject property for public roadway and associated purposes. 3 That the broken concrete be removed from Weeke's Wash 4. Recommend that we have a review of the removal of the temporary building after one year The reasons for this recommendation are 1 It complies with the General Plan. 2. It is the highest and best use of the property Motion passed 7-0-0. s P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE SIX 64. Chairman opened PZ-38-86 and asked for staff's briefing. 65 Mrs Reid briefed the Commission regarding this rezoning request from GR General Rural to C-3/PD General Commercial District by Planned Development. 66. Chairman asked the applicant to speak 67. Terry Kutzbach responded and answered questions. Stated that they desire to provide a community type shopping center that is compatible with the surrounding area and is visually appealing. 68 Chairman there being no one wishing to speak in favor or opposition, • he asked for staff's recommendations. 69 Mrs Reid stated that if this property were is combined with adjoin- ing properties as indicated on the site plan and developed as a planned development where specific stipulations can be put in place, the site could be an asset to the community and neighborhood Also, that development of this entire site by planned development would assure the intent of the General Plan in regards to this highly visible traffic corridor. Therefore, staff would recommend approval contingent upon certain stipulations. 70. Chairman closed this hearing to the public. 71 Jorgensen/Vanhoy M/S "I move that the Commission recommend to the Apache Junction City Council the approval of rezoning case PZ-38-86, an application of Itam Lizzie Lo Curto for her property described as a matter of public record, requesting rezoning from GR General Rural to C-3/PD General Commercial by Planned Development. Any stipulations or recommendations are 1. Rezoning application materials for remaining property as shown on the site plan to General Commercial District by Planned Development (C-3/PD) must be submitted within 60 days. They may leave out the southernmost parcel until it is acquired by them An application for C-3/PD for this parcel must be filed within 60 days of the time this last parcel is acquired ;Ark 2 All of the properties being acquired must be legally combined into one parcel. 3 Application materials for the abandonment of E 17th Ave., E. 18th Ave , and S Bowman Rd within the limits of the project must be submitted within 60 days 4. No grading or site preparation commence until just prior to the start of construction 5 Developer relocate or preserve native vegetation where reasonably possible. 6. Applicant dedicate the North forty feet (40') and the East forty feet (40') of the subject site for public roadway and associated purposes along with a twenty foot (20') by twenty foot (20') cutoff at the intersection of E 16th Ave. and S Cortez Rd. oink oima... P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE SEVEN The reasons for this recommendation are 1 It would appear that all the general criteria for planned development in Section 19.0109 has been met. 2 It looks like it will be an outstanding development if it is completed as it has been presented to /^ us for the City Mr Vehon added the statement regarding the southernmost parcel to stipulation number one. Motion passed 7-0-0. 72. Chairman opened PZ-39-86 to the public and asked for staff briefing. 73. Mr Williams briefed the Commission regarding this request to rezone from GR General Rural to C-3 General Commercial District 74. Chairman asked the applicant to speak 75 Keith Stachar stated there are people interested in this property to develop a shopping plaza because of its location. The current owner plans on moving as soon as the rezoning goes through and the property is sold. 76. Commission discussed among themselves, and with staff and the appli- cant the requirement of a site plan 77 Chairman There being no one wishing to speak in favor or opposition, IL he asked for staffs recommendations 78 Mr Williams stated that care should be taken in development of this ' site for General Commercial uses to minimize the adverse effects on the neighboring residential use to the north If approved, staff recommends stipulating the dedication of right-of-way 79. Chairman closed this hearing to the public 80. Conway/Vanhoy M/S "I move that the Commission recommend to the Apache„.,,, Junction City Council the approval of rezoning case PZ 39 86, an application of Sylvia Maureen Harambasic for her property described as a matter of public record, requesting rezoning from GR General Rural to C-3 General Commercial District. Any stipulations or recommendations are 1 Applicant dedicate the West fifty feet (50') of the subject property for public roadway and associated purposes I 2 Applicant be requested to submit a site plan prior to development that will go to both the P & Z Commis- 1_ sion and the City Council. The reasons for this recommendation are 1. I asked for the site plan because it is a gateway to the City, and I think we should look into it very carefully. 2. I think it is a great need that the City develop commercial property on that corner Motion passed 7-0-0 or s Aft, Asek, P & Z COMMISSION MINUTES SEPTEMBER 23, 1986 PAGE EIGHT 81. Chairman Because of the late hour, the Commission decided not to hear the information under Other Business until the next meeting. There being no public wishing to speak, he asked staff for Information and Reports 82. Mr Nakagawa Stated there would be a Commission Work Session on the General Plan October 1 at 6 p m in the Chamber of Commerce 1 Building AN\ There will be a joint P & Z Commission and City Council Work Session on the General Plan on October 8 at 7 p m 83 Mr Jorgensen Under Commission Requests to Staff, he stated that due to certain statements made by a Council member that the P & Z was negative regarding approval of Special Use Permits, he asked the Mayor for permission to ask staff to gather the statistics of their voting record. He asked Mr Nakagawa for that report 84 Mr Nakagawa reported that there have been 16 applications Two of these were denied, the rest were either approved or withdrawn by the applicant This was over the past 22 years 85 Mrs Conway stated she was at the same meeting and stated that this same Council person severely reprimanded the Commission by saying they do not know what they are doing and if they don't straighten up they will all be fired. 86 Mrs Davies stated that they are a volunteer body who work hard and don't need to be insulted 87. Chairman suggested that this be brought up at the next joint work session. 88. Mrs. Davies asked for a definition for Special Use Permits and/or Conditional Use Permits. 89 Conway/Jorgensen M/S to adjourn. Meeting adjourned at 11 20 p m Respectfully submitted, 1% Charles w. N comer, Executive Secretary ony e on, C irman L PLANNING AND ZONING COMMISSION WORK SESSION CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA SEPTEMBER 17, 1986 PRESENT ABSENT GUESTS Ms Callahan Mr Taylor List in Planning Mrs. Conway Office Mrs. Davies (arrived at 8 40 p m ) Mr Jorgensen Mr Vanhoy Mr Vehon, Chairman Mr. Nakagawa, Staff Mr. Newcomer, Executive Secretary Ms Ortberg, Recording Secretary 1 Roll Call Six members present with one absent as noted above. Mrs Davies arrived at 8 40 p m 2. Chairman asked to hear from the representative from Travelodge. 3 Dave Longenecker stated he feels that because of the physical layout of the property, because it is intersected by two major highw- ways, and it old enough that it has an aesthetic look including large trees and other growth, small signage would get lost They would not get the exposure they believe they need 4 Chairman stated that at the last hearing they were trying to reach a compromise between the 25 foot signs at the entrances that were being submitted Are there any alternatives in between that would suit Travelodge? Is 25 feet mandatory by Travelodge in order for the Grand to become a Travelodge? 5. David Longenecker stated it is not an absolute. They are used to working with other cities and their ordinances He cannot say that they will not allow the Grand to have less than 25 foot signs That is a figure to start with and work with It's a guideline used in making decisions They are not trying to dictate to the City this requirement 6 Mr. Jorgensen asked what the ground rules are for signs with Travel 7. Mr Longenecker stated there are no absolutes on height requirements, as well as square footage They must be absolute about certain things on the signage because it is a registered trademark, such as the colors, color codes, construction materials and the exact reproduction of the logo 8. Mr Jorgensen asked if Travelodge is willing to make a concession for Mr Grandlich. 9. Mr Longenecker yes. 10 Mr. Jorgensen asked if Mr Keehne (the representative for Mr. Grandlich) thought Mr. Grandlich would go along with having one 25 foot sign and then bring all other signs into conformance 11. Mr Keehne did not feel that Mr Grandlich would go along with this s Allik, Aft, P & Z WORK SESSION MINUTES SEPTEMBER 17, 1986 PAGE TWO 12. Commission much discussion between themselves and applicant regarding willingness to compromise There was also discussion regarding a sign put up that could later be sold to another franchise after the Grand finds out about the ADOT property that they are and will be negotiating to get the rights to 13. Commission offered some alternatives. 1) One 25 foot non-conforming sign and everything else becomes conforming 2) Two 20 foot non-conforming, one at each entrance, and everything else conforming These would mean the 40 foot sign coming down and every other sign conforming. They asked Mr Keehne to go back to Mr Grandlich and present these alternatives as well as presenting any other idea that might be workable to the Commission 14 Vanhoy/Conway M/S to adjourn Meeting adjourned at 8 45 p m Respec ull submitted, , (//X , Charles R New omer, xE ecutive Secretary i Tony Vehon, hairman As\ L iirgAC `l U f►��1'IM' Z , cp qR/ZpNP Oity (4pache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT October 1, 1986 MEMORANDUM TO THE HONORABLE MAYOR AND CTY COUNCIL THROUGH. KATHY CONNELLY, ACTING CITY MANAGER FROM Ott/CHUCK NEWCOMER, DIRECTOR OF PLANNING SUBJECT: BOARD OF ADJUSTMENT MINUTES FOR YOUR INFORMATION Attached please find copies of the Board of Adjustment Minutes from their meeting of September 8, 1986. Please have the original Minutes placed in the "Minutes Book" in the City Clerk's Office. CRN•j1 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220 0190 • TELEPHONE(602) 982 8002 BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZO1t SEPTEMBER 8, 1986 7 P 11 PRESENT ABSENT GUESTS Mr Burgess Mr. Setliff Jim Bakkedahl Mrs Blatterspiel Mrs. Perkins Mr. Schaffer (arrived at 7 10 p m.) Mr Berry, Chairman „oak Mr Nakagawa, Acting Executive Secretary Ms. Ortberg, Recording Secretary SYNOPSIS Acting Secretary entertained nominations for Chairman Mr. Berry nominated and elected Chairman entertained nominations for Vice-Chairman Mrs Perkins nominated and elected BA-3-86 recommended for continuance until September 29, 1986 1 Roll Call Four members present with two absent. Mr. Schaffer arrived at 7 10 p m 2 Acting Executive Advised the Board that Mr. Gardom had resigned. Entertainec Secretary nominations for a Chairman for the Board of Adjustment 3 Burgess/Blatterspiel "I move that we appoint Mr. Art Berry as Chairman of the Board of Adjustment." Motion passed 3-0-1 with Mr. Berry abstaining 4 Chairman entertained nominations for Vice-Chairman. 5 Blatterspiel/Burgess M/S "I nominate Jean Perkins as Vice-Chairman." Motion passed 3-0-1 with Mrs. Perkins abstaining. ' 1 6 Blatterspiel/Burgess M/S "I make a motion that we approve the Agenda for September 8, 1986." Motion passed 5-0-0. 7. Blatterspiel/Burgess M/S "I make a motion to approve the Minutes dated April 21, 1986." Motion passed 5-0-0 8 Mr Nakagawa noted that on case BA-3-86, there had been a notification error by not posting the property Therefore, staff /ti recommends that this hearing be continued. He suggested two dates; September 29, or October 20, 1986 9. Chairman opened for discussion of a date. Noted that Vice-Mayor Bakkedahl, the City Council liaison was present 10. Burgess/Perkins M/S "I make a motion that we have the next meeting Septem- ber 29, 1986 " Motion pased 3-2-0 with Mr. Berry and Mr. Schaffer dis- senting. 11 Blatterspiel/Schaffer M/S to adjourn. Meeting adjourned at 7 20 p.m. Respectfully submitted, I_ rt erry, C airman- • Jim Nakagawa; c in 'E ecutive Secretary r a. p 0 Z rkpACHe ✓G 111'' -;�' s, CO �R/ZoNP Oit o ' ache unction � f p October 6, 1986 TO Acting City Manager THRU Director of Public Works L i ( FROM. Building Official/Zoning A ministrator RE- Building Permit Activity (September 1986) Attached please find a copy of the Building Permit Activity Report for the month of September 1986. ,soft 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85219 • TELEPHONE (602)982 8002 i AM I, Adak wnr 1 BUILDING DEPARTMENT ACTIVITY • NUMBER OF VALUE OF LIVING COMMERCIAL NUMBER 0 TYPE PERMITS OONSTRUCTION UNITS UNITS INSPECTIO AIRS SINGLE fAHILY DWELLINGS 8 ( 7) 492,198 8 ( 7) 417 (18_ DOA EX 3 ( -) 247,185 6 ( -y (Twin Homes) - ( - 1R]PLEX - ( -) - ( IOURPLEX - ( -) - ( 16 ( 8( APAR1i'IEN1S - ( -) - ( - (441 MOBILE HOPES 20 (25) 591,181 20 (25 388 {26 3 ( 2) 15,080 - ( - 33 ( 1 ADDN (R) ADDN (C) 2 ( 2) 23,561 - ( - 24 ( 3 RE5 C/P b GARAGES 1 ( 9,862 ( 9 ( 01FICES - ( - ( _) ( REJAIL SIORE ( ( -) 50 ( OTHER CELmERCIAL - ( 1; - ( -) 32 AWNINGS 14 (10; 22,556 - ( -) 32 ( 3 ( -. 26,471 POLLS - ( -) 16 SIGNS 1 ( 4) 800 - ( -) I 5 SHEDS - ( - - ( ) 2 ( OTHER 22 (12; 26,910 - ( -) 50 ( OTHER SHELTER - ( - ( -) - OTHER INSPECTIONS 43 10TAL - 77 (63 1,455,804 34- (3 1,117 (1,1 VOID - ( 2, WITHDRAWN - ( RE1rDAL - ( 5, G JD TOTAL 77 (70: • KEY ( ) = THI5 MONTH LAST YEAR 1 i I , , P R O C E S SING TIME FOR ALL PERMITS SEPTEMBER 1986 ,AME DAY 1 DAY 2 DAYS 3 DAYS 4 DAYS 5 DAYS 6 DAYS 7 DAYS 8 DAYS 9 DAYS 10 DAYS 11 DAYS 12 DAYS 13 DAYS LONGER TIME • 91 7692 7589 7590 7652 7602 7594 7610 7618 7629 7661 (15) .93 7595 7601 7612 7653 7616 q 7607 7651 / / 3 v /3/7 / ,96 7605 7609 7654 2. 7660 2 I. 3�0 goo )97 7600 7614 7659 7662 / 2 "4, Z.7 7° >98 7611 7633 7664 2 770 199 7620 7637 6 5/0 )03 7621 7638 d )04 7622 7639 tg >06 7624 7615 >08 7630 7646 )13 7631 7626 317 7636 7627 )19 7641 7658 /3 )25 7632 1/3"v )28 7663 )40 /b ) 534 3%' )35 542 (,Q% 544 545 7730 647 07 0__ 648 792- o 650 1) — -- --- V'ye7o 655 - - - 656 657 ,Z ) 14 ROLL CALL VOTE SHEET NOTES OL/ \b ‘ ITEM # MEETING OF iiO4,( MOT I ON BY: SECONDED BY: _ YES NO ABSTAINED COUNCILWOMAN TAYLOR 0 COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON J COUNCILWOMAN GARDNER MAYOR HILL UNANIIOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ink_ .+► C. ITEM NO. 27 I MOVE THAT THE MEETING BE ADJOURNED AT P.M. I ROLL CALL o I t� ROLL CALL IP ESENT ABSENT f ( ) MAYOR HILL X. I VI VICE—f�AYOR BAKKEDAHL ! COUNC I Lwpr AN TAYLOR 'I COUNCILWOMAN GARDNER } v / COUNCI LMAN BPLL-JO ! il V COUNCILMAN EIDSON 1./ 1./ TOTAL f t U STAFF PRESENT W.S_ CITY MANAGER H +4C11?— CITY CLERK Kathy Connelly ✓"/ v/ 4. FINANCE CONTROLLER Keith Lewis , DIRECTOR OF PLANNING Chuck Newcomer ✓/ DIRECTOR OF PUBLIC SAFETY Bill McDaniel v� _ ✓ DIRECTOR OF PUBLIC WORKS Rich Broman V v � CITY ATTORNEY Mr. Alexander/Mr. Hirsch ,._ -A " pct.1).1-' ECONOMIC DEVELOPMENT SPECIALIST John Schoeph 7 i, / . SUPERINTENDENT OF COMMUNITY SERVICES Jeff tell / _ V DIRECTOR OF LIBRARY Pam Loui