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HomeMy WebLinkAbout1980 09.17 City Council Regular Agenda J rY PQACHE A. � d'2!! 4 y. "-Oily o� &pacl�e cOunction qR/ZoNP COUNCIL AGENDA REGULAR MEETING SEPTEMBER 17, 1980 7:00 P.M. 6:00 P.M. EXECUTIVE SESSION INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL (1 ) ACCEPTANCE OF AGENDA (2) ACCEPTANCE OF MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1980 AWARDS, PRESENTATIONS, AND COMMUNICATIONS CALL TO THE PUBLIC CITY MANAGER'S REPORT PUBLIC HEARINGS NONE .m. UNFINISHED BUSINESS NONE NEW BUSINESS (3) PROPOSED ORDINANCE NO. 60, PZ-11-80, GLEN MC CLAIN REZONING (SECOND READING) (4) PROPOSED ORDINANCE NO. 61 , PZ-13-80, JAMES LINDSEY REZONING (SECOND READING) (5) PROPOSED ORDINANCE NO. 59, PZ-10-80, GARTH ASLETT REZONING (FIRST READING) (6) PROPOSED ORDINANCE NO. 67, INDEMNIFICATION OF OFFICERS, EMPLOYEES, AND COUNCILMEMBERS (FIRST READING) (7) PROPOSED ORDINANCE NO. 68, ANIMAL CONTROL (WITH EMERGENCY CLAUSE) 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 (8) PROPOSED ORDINANCE NO. 69, FORMATION AND SUMMONING OF JURIES (FIRST READING) (9) PROPOSED RESOLUTION NO. 80-30, CHANGING THE SPEED LIMIT ON TOMAHAWK ROAD ( 10) DELETED. (11 ) AWARD OF BID -- PROJECT PL-80-1 , APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS (12) PROPOSED RESOLUTION NO. 80-32, OFFICIAL STREET NAMING MAP (DISCUSSION .-. AND/OR ACTION) (13) PROPOSED RESOLUTION NO. 80-33, FEDERAL PATENT LANDS WITHIN APACHE JUNCTION (14) EXECUTIVE SESSION, OCTOBER 1 , 1980 INFORMATION AND REPORTS REQUESTS OF COUNCIL ADJOURNMENT ROLL CALL ROLL CALL IPRESENT I ABSENT I MAYOR SEEMAN / I VICE-MAYOR, GRANILLO ' I COUNC I LMAN' BURGESS ,// COUNCILMAN DAMIANO _ COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS TOTAL STAFF PRESENT CITY MANAGER CITY CLERK DIRECTOR OF ADMINISTRATIVE SERVICES , ••. DIRECTOR OF PLANNING DIRECTOR OF PUBLIC SAFTEY / DIRECTOR OF PUBLIC WORKS ("LI c .,,v CITY ATTORNEY OTHER ROLL CALL VOTE SHEET. NOTES ITEM # MEETING OF MOTION BY: V SECONDED BY : YE NO r ABSTAIN COUNCILMAN DAMIANO COUNCILMAN BURr7ESS COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO ✓ MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: 7( J ITU NO, 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY flF APACHE JUNCTION, APIZfNA, THAT THE AGENDA BE, AND HEREBY IS, APPROVED AS PRESENTED. oak Aak CITY COUNCIL MINUTES REGULAR MEETING September 3, 1980 The regular meeting of the City Council of the City of Apache Junction oink was held on September 3, 1980, at the Apache Junction Council Chambers, pursuant to the notice required by law. CALL TO ORDER Mayor Virginia Seeman called the meeting to order at 7 00 p m in the City Council chambers. INVOCATION The invocation was given by Councilman Marie Shanks. PLEDGE OF ALLEGIANCE Councilman Granillo led in the Pledge of Allegiance ROLL CALL Councilmembers present: Councilman Marie Shanks, Councilman Jerry Burgess, Councilman Norman Hill, Councilman Jimmy Eidson, Councilman Thomas Damiano, Vice Mayor John Granillo, and Mayor Virginia Seeman Staff Present G Ray Lee, City Manager Rich Oesterle, City Clerk Marlis J. Davis, Director of Administrative Services Bill McDaniel, Director of Public Safety Richard Broman, Director of Public Works Chuck Newcomer, Associate Planner Others Present Tom Jones, 15420 North 32nd Street, Phoenix George Baljo, 1070 Navajo, Apache Junction Don Nesser, 1511 South Cactus Rd., Apache Junction Adak ACCEPTANCE OF THE AGENDA Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE, AND HEREBY IS, APPROVED AS PRESENTED Councilman Damiano seconded the motion. Councilman Shanks MOVED THAT THE AGENDA BE AMENDED BY DELETING ITEM 14, ANIMAL CONTROL. Councilman Damiano seconded the motion. VOTE. Unanimous The motion carried Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE AGENDA BE, AND HEREBY IS, APPROVED AS AMENDED. Vice Mayor Granillo seconded the motion. VOTE Unanimous The motion carried ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF SEPTEMBER 3, 1980 ) Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1980 BE, AND HEREBY ARE, ACCEPTED AS PRESENTED Councilman Damiano seconded the motion. VOTE In favor -- Councilman Eidson Councilman Shanks Councilman Burgess Councilman Damiano Vice Mayor Granillo Abstain -- Councilman Hill Mayor Seeman The motion carried. AWARDS, PRESENTATIONS, AND COMMUNICATIONS ) None. CALL TO THE PUBLIC ) Mayor Seeman opened the meeting to the public. Mayor Seeman stated there was a letter submitted to the City Clerk's office from Mr Dugger She asked the City Clerk to read the letter City Clerk Rich Oesterle read as follows "The Mayor and Common Council City of Apache Junction Apache Junction, Arizona 85220 Madame Mayor: Because of previous committments I am unable to attend this evening's council meeting As you are aware this is only the third meeting that I have missed since December 1979. On this evening's agenda is a proposed ordinance, #64, concerning the imposition of a three percent utility tax I understand that the utilities are to be allowed credit against this tax for the two percent franchise fee, but this still represents a fifty percent increase. In addition, as I have read the ordinance it is to be applied to charges not presently covered by the franchise fee, namely installation charges and directory advertising Be that as it may, in a time when inflation is rampant, unemployment increasing, when all of us are being forced to cut our standard of living, an increase of this nature is an onerous burden. Remember that Apache Junction is home to many retired persons, persons who can't look for a "cost of living" pay increase Upon these people who have worked all of their life, looking forward to the time when they could retire in modest comfort, this burden falls hardest I ask you to vote nay to this ordinance, tighten your belts if need be, and thus avoid another burden on your constituents Sincerely, Robert M Dugger" REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE TWO o Mayor Seeman asked the City Clerk to expound on the purpose of this proposed Ordinance City Clerk Rich Oesterle stated Mr Dugger's letter refers to Item No 11 on the agenda He stated he would like to point out that there are several incorrect statements in Mr. Dugger's letter. He stated first there is no utility company operating in Apache Junction which has a franchise agreement with the City Second, Ordinance No. 64 represents no increase in the current rate structure of any utility He added Ordinance No 64 does not, as Mr. Dugger states, represent a fifty percent increase He stated to give a brief explanation, Ordinance No 64 repeals that portion of the City Code dealing with the one percent sales tax on gross receipts of utilities, repeals that portion of the City Code dealing with the two percent utility tax of gross receipts of utilities under the Business License Ordinance, and combines the above two thereby implementing a three percent sales tax on utilities. He stated this new language will reduce the administrative costs for utilities who utilize the City's rights- of-way. He added the language has been worked out with the City Attorney and attorneys for Mountain Bell and Salt River Project He stated all utility companies have been contacted and have responded affirmatively Councilman Damiano stated that Mr. Dugger constantly twists things that are going on to change people's minds about the City and the Council. He stated the City can look at other comments by him to twist things that are going on in the City Mayor Seeman asked if there were any individuals in the public who wished to address the Council There were none CITY MANAGER'S REPORT City Manager Ray Lee stated that as a matter of information to the Councilmembers, personnel from each department will be on hand to answer any questions the public might have at the September 20th dedication ceremony of the City Hall complex. City Manager Ray Lee stated his second item was that the Animal Control Shelter is in full operation. City Manager Ray Lee stated he would ask the Building Official to give some information recently obtained from the Assessor's Office ON Leo Frazier, Building Official, stated that the thirteen square miles of the City of Apache Junction is accounting for sixty percent of all the building activity within the assessor's district. He stated the district is 438 square miles and runs almost all the way to Superior, down to the Santan Mountains PUBLIC HEARINGS PROPOSED ORDINANCE NO 55, PZ-7-79, JOHN R. SCHUSTER, REZONING (SECOND READING) ) Mayor Seeman stated that a public hearing for this item was held at the regular City Council meeting of August 20, 1980, and that the applicant is John R Schuster She asked the Planning Director to brief the City Council and public on the petition Associate Planner Chuck Newcomer briefed the Council and public on the petition He stated Mr. Schuster would like eventually to build a complex of about one hundred apartments. He added the Planning and Zoning Commission unanimously recommended approval of the petition. Mayor Seeman asked if there were any members of the public wishing to address this item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE THREE Mayor Seeman stated there is a recommendation that the Council should require the necessary right-of-way for the development of Scenic Street and Royal Palm Road and a ten foot rear yard instead of a thirty-five foot rear yard She stated these recommendations are from the Planning and Zoning Commission to the City Council. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO 55, BE READ BY TITLE ONLY, AND THE ENTIRE READING OF THE ORDINANCE BE WAIVED. eiN Councilman Shanks seconded the motion. VOTE• Unanimous The motion carried Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No. 55 for the second reading. City Clerk Rich Oesterle read as follows ORDINANCE NO 55, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD); REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-7-79, APPLICATION OF JOHN R SCHUSTER, ALSO KNOWN AS ORDINANCE NO 55, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REAR LOT LINE SETBACK OF TEN (10') FEET SHALL BE APPROVED INSTEAD OF THIRTY-FIVE (35') FEET; THAT THE APPLICANT SHALL PROVIDE FOR PROPER RIGHT OF WAY ON SCENIC STREET AND ROYAL PALM ROAD AS SET FORTH IN THE APACHE JUNCTION STREET CLASSIFICATION PLAN. AND THAT THE REASONS FOR APPROVAL AS PRESENTED BY THE PLANNING AND ZONING COMMISSION ARE INCORPORATED BY REFERENCE Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. PROPOSED ORDINANCE NO 56, PZ-12-79, ROBERT AND HAZEL LAWTHER REZONING (SECOND READING) ) Mayor Seeman stated the public hearing for proposed Ordinance No 56, PZ-12-79, was held at the regular City Council meeting, August 20, 1980. She stated the applicant is Robert and Hazel Lawther. She asked the Planning Director to give a brief explanation of the petition. Associate Planner, Chuck Newcomer briefed the public and the Council on the petition He added that the Planning and Zoning Commission unanimously recommends approval of the rezoning REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE FOUR Mayor Seeman asked if any members of the public wished to address the item There were none Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO. 56, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Granillo seconded the motion. VOTE Unanimous The motion carried Mayor Seeman called upon the City Clerk to read proposed Ordinance No 56 by title only for the second reading City Clerk Rich Oesterle read as follows: ORDINANCE NO 56, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-12-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD); REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-12-79, APPLICATION OF ROBERT AND HAZEL LAWTHER, ALSO KNOWN AS ORDINANCE NO. 56, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE ADACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-12-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD); REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED; AND BE IT FURTHER RESOLVED THAT THE REAR LOT LINE SETBACK OF SIXTEEN (16') FEET SHALL BE APPROVED INSTEAD OF THIRTY-FIVE (35') FEET, AND THE REASONS FOR APPROVAL AS PRESENTED BY THE PLANNING AND ZONING COMMISSION ARE INCORPORATED BY REFERENCE Councilman Damiano seconded the motion VOTE Unanimous The motion carried PROPOSED ORDINANCE NO 57, PZ-12-80, BOARD OF ADJUSTMENT MEMBERSHIP (SECOND READING) Mayor Seeman stated a public hearing for proposed Ordinance No 57, PZ-12-80 was held at the regular City Council meeting of August 20, 1980. She stated it is a commission initiative and asked the Planning Director to address the item Associate Planner Chuck Newcomer stated this ordinance would expand the membership of the Board of Adjustment from five members to seven members He added seven members is the maximum number allowed by the State. Mr. Don Nesser, member of the Board of Adjustment, stated the true purpose of this recommendation is to have a quorum or an adequate number of people present at all the meetings He stated with only five members it is often difficult to establish a quorum to conduct business. Mayor Seeman stated she will check the talent bank, and asked that any individuals with expertise in items dealt with by the Board of Adjustment please submit a talent bank application REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE FIVE Mayor Seeman asked if there were any other members of the public who wished to address the Council on the item. There were none Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO 57, BE READ BY TITLE ONLY, FOR T4E SECOND READING Mayor Seeman seconded the emN motion Mayor Seeman asked if there was any discussion of the item VOTE. Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance no 57 for the second reading City Clerk Rich Oesterle read as follows ORDINANCE NO 57, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 2401 OF THE ZONING ORDINANCE, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-12-80, ALSO KNOWN AS ORDINANCE NO 57, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 2401 OF THE ZONING ORDINANCE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AS RECOMMENDED BY, AND FOR THE REASONS AS STATED BY THE PLANNING AND ZONING COMMISSION Councilman Hill seconded the motion VOTE: Unanimous The motion carried PROPOSED ORDINANCE NO 62, PZ-15-80 eaS PARKING AND LOADING AMENDMENT (SECOND READING WITH EMERGENCY CLAUSE) Mayor Seeman stated a public hearing for proposed Ordinance No 62, PZ-15-80 was held at the regular City Council meeting of August 20, 1980. She stated it is a Commission initiative and asked the Planning Director to give a brief explanation of the item Associate Planner Chuck Newcomer stated the proposed ordinance would repeal three sections of the Parking and Loading Ordinance which were found to be objectionable to many members of the community Mayor Seeman asked if there was anyone in the public who wished to address the item There were none. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO 62, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilman Hill seconded the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE SIX VOTE Unanimous The motion carried Mayor Seeman called upon the City Clerk to read Ordinance No. 62 by title only with the emergency clause City Clerk Rich Oesterle read as follows ^ ORDINANCE NO 62, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING ORDINANCE NO. 34 BY DELETING SUBSECTIONS 21 02 (2), 21.03 (1) AND 21.03 (17); REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NO. 62, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING ORDINANCE NO 34 BY DELETING SUBSECTIONS 21.02 (2), 21.03 (1), AND 21 03 (17), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED Councilman Hill seconded the motion Councilman Burgess sought clarification by asking if this was actually eliminating paving of the driveways City Manager Ray Lee called upon the Associate Planner to explain that the City is in fact deleting the controversial issues and those controversial issues are going back to the Planning and Zoning Commission for study, to get input from the citizens, and then a recommendation would be made to the Council. Councilman Damiano asked that the deleted paragraphs be read Associate Planner Chuck Newcomer stated Section 21 02 (2) is a lengthy paragraph that is basically concerned with the existing structures that would not fall under the requirements of the Parking and Loading Ordinance if they were enlarged or structurally altered. He stated he thought this refers to all types of structures. Mr Newcomer stated Section 21 03 (1) states that driveways and areas used for loading, parking, or manuevering a vehicle shall be surfaced with a durable all-weather paving to be either asphalt or concrete, except for lots over 5/8's of an acre which would only be required to pave the access way from the property line for a distance up to forty feet Mr. Newcomer stated Section 21.03 (17) states that driveways in a front yard shall be more than twenty feet wide in the front yard driveway, shall not be used in calculating parking space, and that the Director of Public Works or the Arizona Department of Transportation can limit the number of, and location of, curb cuts on State or Federal highways along the public rights-of-way Mayor Seeman asked if there was any further discussion of the item VOTE Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE SEVEN 01.11. BINGO LICENSE APPLICATION HAPPY DAYS TRAVEL TRAILER PARK Mayor Seeman invited the applicant, if he was present, to speak on the application Mayor Seeman noted that the applicant was not present, and asked if there were any members of the public who wished to speak either for or against the item There being no one wishing to address the item, the meeting was closed to the public Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT BINGO LICENSE APPLICATION FOR THE HAPPY DAYS MOBILE HOME PARK BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION. Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. BINGO LICENSE APPLICATION MERIDIAN MOBILE HOME PARK Mayor Seeman invited the applicant,if he was present, to speak on the application. Mayor Seeman noted that the applicant was not present, and asked if there were any members of the public who wished to speak either for or against the item. There being no one wishing to address the Council, Mayor Seeman closed the meeting to the public Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE BINGO LICENSE APPLICATION FOR THE MERIDIAN MOBILE HOME PARK BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION. Councilman Hill seconded the motion Ailmok VOTE. Unanimous The motion carried PkOPO`.ED ORDINANCE NO 60, PZ-11-80 AMENDING THE ZONING ORDINANCE (FIRST READING) ) Mayor Seeman opened the meeting to the public. There being no one wishing to address the Council, Mayor Seeman called upon the Planning Director to brief the City Council and public on the item. Associate Planner Chuck Newcomer gave a brief outline on the background of the proposed rezoning He further stated the Planning and Zoning Commission recommended approval of the proposed I rezoning by a vote of four to one Mayor Seeman asked if there was anyone in the audience who wished to speak in favor of the petition Mayor Seeman asked if there was anyone wishing to speak in opposition to the petition REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE EIGHT There being no one wishing to address the Council, Mayor Seeman called upon the Planning Director for his recommendation. Associate Planner Chuck Newcomer stated the Planning Department did not make a specific recommendation on the proposed rezoning other than to state the alternatives of why they are approving the rezoning, denying it, or returning it to the Planning and Zoning Commission with certain recommendations Mayor Seeman closed the meeting to the public. Mayor Seeman stated she had a question on spot rezoning. She asked how spot rezonings, if they continue to occur, would affect the General Plan over the long term. She asked if there was anyone present from the Planning and Zoning Commission who could answer the question Mr George Baljo, 1070 Navajo Apache Junction, a member of the Planning and Zoning Commission, stated with the surrounding classification zones that exist, and being a small isolated piece of property that fronts primarily on highway 60, the Commission felt they should recommend to the Council that the rezoning be granted He stated this would apply not only to the Lindsey case., tut also to the McClain case He stated it appears that good zoning principles are being followed on a spot basis in this particular area because there would be very little of any other type of operation that could take place fronting highway 60. Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No 60 for the first reading City Clerk Rich Oesterle read as follows ( ORDINANCE NO 60, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO 61, PZ-13-80 �� AMENDING THE ZONING ORDINANCE (FIRST READING) ) Mayor Seeman opened the meeting to the public Mayor Seeman called upon the Planning Director to brief the City Council and public on the petition Associate Planner Chuck Newcomer briefed the public and City Council on the proposed ordinance Mayor Seeman called upon the applicant, or spokesman for the applicant, to address the item. Mr Tom Jones, 15420 N 32nd Street, Phoenix, stated the rezoning would make the property more valuable to the owner. When questioned, he stated there is a client interested in the property who is considering putting in mini-businesses Mayor Seeman asked if there was anyone in the audience who wished to speak in favor of the petition. Mayor Seeman asked if there was anyone who wished to speak in opposition to the petition There were none Mayor Seeman called upon the Planning Director for his recommendation REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE NINE Associate Planner Chuck Newcomer stated the Planning Department did not make a specific recommendation on the item other than to say that it is a very good location for commercial activity Mayor Seeman stated if there was no rebuttal, the public hearing was closed to the public. Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No. 61. City Clerk Rich Oesterle read as follows ORDINANCE NO. 61, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-13-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. UNFINISHED BUSINESS (TABLED ITEMS) None PROPOSED ORDINANCE NO. 64 AMENDING CHAPTER 8, BY ADDING SECTION 8-3-3(C) (SECOND READING WITH EMERGENCY CLAUSE) Mayor Seeman stated this Ordinance is the second reading with the emergency clause. She added this is the ordinance the City Clerk addressed earlier under Call to the Public She asked if there were any questions There were none. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO 64, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilman Damiano seconded the motion VOTE. Unanimous The motion carried Mayor Seeman called upon the City Clerk to read Ordinance No. 64 by title only with the emergency clause. City Clerk Rich Oesterle read as follows• ORDINANCE NO 64, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,REPEALING CHAPTER 8, SECTION 8-5-23, 8-3-3.A.3 AND 8-3-3 A.4 OF THE CITY CODE, AMENDING CHAPTER 8, ARTICLE 8-3-3 OF THE CITY CODE BY ADDING SECTION 8-3-3(C), REPEALING ANY CONFLICTING PROVISION, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 64, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CHAPTER 8, SECTIONS 8-5-23, 8-3-3 A 3, AND 8-3-3 A 4 OF THE CITY CODE, AMENDING CHAPTER 8, ARTICLE 8-3-3 OF THE CITY CODE BY ADDING SECTION 8-3-3 (C), REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. Councilman Damiano seconded the motion VOTE Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE TEN Mayor Seeman called a fifteen minute recess Mayor Seeman reconvened the meeting at 8 15 p m PROPOSED ORDINANCE NO 65 REPEALING CHAPTER 4, POLICE DEPARTMENT APACHE JUNCTION CITY CODE (FIRST READING WITH EMERGENCY CLAUSE) Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO. 65, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion VOTE• Unanimous The motion carried Mayor Seeman called upon the City Clerk to read proposed Ordinance No 65, by title only with the emergency clause. City Clerk Rich Oesterle read as follows ORDINANCE NO 65, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA REPEALING CHAPTER 4, POLICE DEPARTMENT, APACHE JUNCTION CITY CODE, REPEALING CONFLICTING PROVISIONS, PROVIDING [OR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 65, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CHAPTER 4, POLICE DEPARTMENT, APACHE JUNCTION CITY CODE, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED Councilman Damiano seconded the motion Auglik VOTE Unanimous The motion carried. RESOLUTION NO. 80-29, REQUEST FOR ESTABLISHMENT OF LOCAL DEPARTMENT OF ECONOMIC SECURITY OFFICE Mayor Seeman called upon the City Clerk to read Resolution No 80-29 in its entirety. City Clerk Rich Oesterle read as follows RESOLUTION NO 80-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION REQUESTING THE ESTABLISHMENT OF A DEPARTMENT OF ECONOMIC SECURITY OFFICE WITHIN THE CITY OF - APACHE JUNCTION TO PROVIDE SERVICE TO THE RESIDENTS OF THE CITY WHEREAS, THE PURPOSE OF THE DEPARTMENT OF ECONOMIC SECURITY IS TO PROVIDE SERVICES TO SENIOR CITIZENS, FAMILIES, AND CHILDREN IN ADDITION TO PROVIDING EMPLOYMENT AND REHABILITATION SERVICES TO RESIDENTS, AND TO PROVIDE ASSISTANCE TO THE DEVELOPMENTALLY DISABLED AND MENTALLY HANDICAPPED CITIZENS OF APACHE JUNCTION, AND, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE ELEVEN WHEREAS, THE CITY OF APACHE JUNCTION HAS A 1980 ESTIMATED POPULATION OF 15,000 DURING THE SUMMER MONTHS AND 35,000 TO 40,000 POPULATION DURING THE WINTER MONTHS, AND IS, IN FACT, THE SUMMER POPULATION 15TH LARGEST CITY IN THE STATE OF ARIZONA, WINTER POPULATION 7TH LARGEST CITY, AND; WHEREAS, IT IS AN ECONOMIC AND PHYSICAL HARDSHIP ON THE ELDERLY, HANDICAPPED, AND UNEMPLOYED TO TRAVEL TO OTHER CITIES IN ORDER TO RECEIVE THESE SERVICES, AND, WHEREAS, MANY OF THESE PEOPLE HAVE NO PRIVATE TRANSPORTATION AVAILABLE TO THEM, AND THERE IS NO PUBLIC TRANSPORTATION GENERALLY AVAILABLE TO THE CITIZENS OF APACHE JUNCTION, AND; WHEREAS, THESE SERVICES ARE NECESSARY TO PROVIDE FOR THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF APACHE JUNCTION; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT THE CITY HEREBY REQUEST THAT THE STATE OF ARIZONA DEPARTMENT OF ECONOMIC SECURITY ESTABLISH A LOCAL OFFICE WITHIN THE CITY TO PROVIDE THE CITIZENS OF THIS COMMUNITY WITH BASIC SERVICES PROVIDED BY THE STATE OF ARIZONA Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO. 80-29, REQUESTING THE ESTABLISHMENT OF A DEPARTMENT OF ECONOMIC SECURITY OFFICE WITHIN THE CITY OF APACHE JUNCTION TO PROVIDE SERVICE TO THE RESIDENTS OF THE CITY, BE AND HEREBY IS ADOPTED Councilman Hill seconded the motion VOTE• Unanimous The motion carried. EXECUTIVE SESSION SEPTEMBER 17, 1980, AT 6:00 P.M. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON THE 17TH DAY OF SEPTEMBER, 1980, AT 6 00 P M IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Hill seconded the motion. VOTE: Unanimous The motion carried INFORMATION AND REPORTS Councilman Shanks complimented the Department of Public Works and the Department of Public Safety for the excellent work they are doing. REQUESTS OF COUNCIL Councilman Eidson stated he has heard complaints from citizens concerning property grandfathered into the Building Code He requested City Staff and the City Council work toward the Il goal of helping the people in the community without causing any great problems to the citizens ADJOURNMENT Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 8 25 P M REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE TWELVE Oak Aimik Councilman Shanks seconded the motion VOTE Unanimous The motion carried. APPROVED THIS DAY OF , 1980 BY THE MAYOR AND CITY COUNCIL VIRGINIA SEEMAN Mayor ATTEST RICH OESTERLE City Clerk Amok REGULAR MEEING OF THE CITY COUNCIL SEPTEMBER 3, 1980 PAGE THIRTEEN ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: 19 SECONDED BY : J YFS ND ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON " COUNCILMAN HILL .•. COUNCILMAN SHANKS ' VICE-MAYOR GRANILLO MAYOR SEEMAN UNAN OUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO , 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY nF APPCHE JUNCTION, ARIZnNA, THAT THE MINUTES OF THE REGULAR MEETING nF SEPTEMBER 3, 1980, BE 8ND HEREBY ARE, ACCEPTED AS PRESENTED, ix?p.CHL- gR/ZONP c6 ity o C4pache unction August 14, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER -,— ✓' FROM: JOE GERO, DIRECTOR OF PLANNING , 1;) SUBJECT: AGENDA PLACEMENT ITEM - FOR SEPTEMBER 3, 1980 (PUBLIC HEARING AND FIRST READING) PROPOSED ORDINANCE #60 (PZ-11-80) SECOND READING 9/17/80 BACKGROUND- The Planning and Zoning Commission on August 12, 1980, held an advertised public hearing on the above referenced requested rezoning. In your packet, you will find the back-up material on the request. The applicant has approved signatures representing: 100% of the area 100% of the affected property owners - ALTERNATIVES: In this rezoning case, the City Council has the following alternatives: 1. Approve the request. 2. Deny the request . 3. Return the application to the Planning and Zoning Commission . for further review, with or without recommendation . 4. Other . RECOMMENDATION. The resolution of recommendation from the Planning and Zoning Commission is attached. The motion passed by a vote of 4-1. APPROVED ON q_� 10�88 APPROVED ON -- ` ' ITEM No. __ _" 5econdl re ctd I r'I FOR AGENDA OF `- ' --- PUBLIC HEARING FOR AGENDA OF Qi/VI, 0 1 - - OL;� EUSINESS '/� L.__.4-- N.:',"/ S USINESS CITY MANAGER- CITY MANAGER F1 "' ' T C TI O • POST - I���� U it�N'N� .ARIZONA 85220 • TELEPHONE (602)982-6154 150 NORTH OCOTILLO • OFFICE BOX K,APACHE'JUN ON, Page 2 Proposed Ordinance #60 SUGGESTED MOTION. "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-11-80, APPLICATION OF GLEN MC CLAIN, ALSO KNOWN AS ORDINANCE NO. 60- AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2) , REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY; BE AND HEREBY IS (ADOPTED) OR (DENIED) ." JWG/kmc Attachments. 1. Resolution from the Planning and Zoning Commission 2. Proposed Ordinance #60 and Map 3. Memo to Planning and Zoning Commission 4. Applicants petition and application 5. Memo from Fire Chief 6. Memo from Zoning Administrator RESOLUTION - PLANNING AND ZONING COMMISSION PROPOSED ORDINANCE #60 RESOLUTION BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-11-80, also known as Proposed Ordinance No. 60, application of Glen McClain for his property described as: That part of the North z of the Northeast z of the Southwest 4 except that portion North of the Southwesterly right-of-way line of U.S. Highway 60, Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona requesting a change in the zoning district classification from General Rural (GR) to General Business (CB-2) , that the Commission recommends to the Apache Junction City Council the approval of said application. The reasons for this recommendation are: The Commission can see no other use for the land in question. n 04A4 Pi :,°,0`'" Z V\:::::1:7; CO it y o &4pucI2e 2unction AUGUST 7 , 1980 MEMORANDUM TO : PLANNING AND ZONING COMMISSION FROM: JOE GERO , DIRECTOR OF PLANNING ,ja SUBJECT : REQUESTED REZONING PZ-11-80 GR to CB-2 (PROPOSED ORDINANCE #60) BACKGROUND APPLICANT : Glen McClain AREA: Undetermined Attached is the application materials submitted by the applicant . In addition the following reports have been made to the Planning Department with regard to this appli- cation . FIRE CHIEF - No fire services objection DIRECTOR OF PUBLIC SAFETY - No Public Safety objections ACTING ZONING ADMINISTRATOR - No Building Department objec- tions as a building issue DIRECTOR OF PUBLIC WORKS - No Public Works objections NOTES : The applicant has submitted a parcel map indicating a lot larger than what appears on the County Assessor ' s records . The rezoning will be by legal description, therefore , the lot rezoned will be identifiable . 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602) 982 6154 ow. p MEMORANDUM page 2 ANALYSIS AND IMPLICATIONS This parcel fronts on U . S . Highway 60-70 in an area that has a 55 m.p .h . speed zone . The parcel also has two roads which form the lot boundaries and both which would intersect with U . S . Highway 60 . The extension of the streets into High- way 60 , as would any request for access from a private lot Ask onto the highway is subject to approval of the Arizona Depart- ment of Highways . There is CB-2 property to the west and across the highway to the northeast . The highway could be presumed to be a barrier eliminating the claim of transition . The question the Commission should address is , lacking a General Plan, do you wish to recommend a further extension of commercial zoning at this time? If you recommend this case where should requested commercial rezoning end? Perhaps that is an un- answerable question at this time . I offer these questions not as stumbling blocks , but rather to hopefully stimulate some planning thinking prior to the public hearing . A continuation of commercial zoning along the highway will lead to what is known as strip or string commercial . ALTERNATIVES 1 . Recommend approval 2 . Recommend denial 3 . Suggest the planned development route 4 . Other To avoid the possibility of the decision being perceived as arbitrary and/or capricious , the reasoning which supports the Amok decision should be stated . PIS PETITION FOR HEARING TO REZONE 011441 As provided for in the Aoache Junction Zoning Ordinance, Section 2803: INITIATION OF ZONING ORDINANCE AMENDMENT - BY PETITION AND CONSENT Any person may initiate a zoning ordinance amendment changing the zoning district boundaries within an area previously zoned by filing witn the City Clerk the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of lc*: is vithi^ 2C0 feet of the proposed change. If the petition is foi. a change of classification, there shall not be counted, either in numbers or area. the oancr. of t'ze lane of tre same __ less restrictive zoning classification as sought by the petitioners Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a petition which included the property has been denied by the City Council within the previous 6 months I, T /%- y^,? -"' 7. = L , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent rezone the property described below from (2,V r., P, L -? ?'c) 4. to CB-2 LOCATION. rige c' 1 � c� j r ©� I� a - 5 r 3'?1' re- Ft '1 l4 way L � le LEGALLEGAL 1i-i, 1 p,31 t c,j% rho 5 w � of • Z 1 70 / ;' �- n 1 Y ( � 1 h7ir�, �oc 'IJ uj "�{ «�:ft,:,..Tar,r� Fi��/r�' e.F �,:�y a.�.•t� c� T�Ar SOME USES PERMITTED IN PROPOSED ZONING DISTRICT. l(i j4 o-� Lc 7;; We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE. Please use Lot No. , Bloc, No , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES FOR APACHE JUNCTION, ARIZONA Cash Receipt No. /C33 Amount e2 Date ( / ,ease No. PL -//- G. TO APACHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an amendment to the zoning regulations, or approval of a Special Permit as follows (list the present zoning classification & then the proposed classi- fication, using separate parcel numbers if more than one change of zoning is proposed) - Parcel 1 From /! IQ To. ,' l7 Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application is as follows (if more space is needed, attach separate sheet) • .5.,;. li r� � .. n S!^r't .. � IfJ� �^ .7i, L'Jr ('- ri^ r -r / ,t The sizef(to nearest tenth of an acre) & general location of the subject property is as follows (give direction & distance from nearest mapped street) . (Please answer the following questions in the space provided or submit a separate signed statement if additional space is needed ) 1. Why is the property in question not reasonable suited for uses permitted under present zoning districting' I4-0 1 f$ q. . ^ 2 Are there any known changes in land use, street arrangement, or other physical conditions that have altered the character of your property, or adjoining property, since the present zoning was adopted? Please explain "Yes" answer 3 If your requested change is to provide additional commercial or industrial zoning, is there a demonstrable need for this zoning in order to serve the community or neighborhood, as the case may be? Explain Page 1 of 2 pages 4 Other reasons for the subject request. Describe existing & proposed future use of subject property, buildings and structures 7 S ,_ I A, { , . or r,�? ?. J ,,. _ 1 X., v Attach any supporting information,. statements or plans* to this application & submit same in person to. Apache Junction Planning & Zoning Commission Department, Apache Junction, Arizona. (Note- The land owner (s) must sign below or else the applicant must submit a letter signed by the owner authorizing him to apply for this change of zoning) • (Name of applicant or representative) (Address) (Phone) (Name of land owner) (Address) (Phone) ' Iry cv ; !1 (Name & Address :'of person to whom petition & notices should be mailed) eJ (Signature of applicant) (Date) *Note Plans are required when application is filed for following. Special Use Permits under Section 2302, Area & Neighborhood Plans, Article 32, Industrial CI-2, Article 18, Trailer - - Courts, Article 20, Section 2001-c. DO NOT FILL OUT FOLLOWING (for office records only) LEGAL PUBLICATION Date filed Applicant Zoning Case Census Division & Tract No Application received by Remarks Page 2 of 2 pages ors /o/ 67 D _ v 2/ de)z„(2,6 da/Ki,e6 // z/v V2_ Z2c�G -z 2Qoc) 0.4,, 5 a5..2 //-Q/ 0 - 032., J,,),(2L �°G d<1'oS/ /'1% From the desk of • CHIEF HARVEY MILLER July 31 , 1980 ATTENTION- DIRECTOR OF PUBLIC WORKS, RICHARD BROMAN DIRECTOR OF PUBLIC SAFETY, DILL MCDANIELS DIRECTOR OF CITY PLANNING, JOE GERO SUBJECT. REZONING OF ASLETT, LINDSEY, AND MCCLAIN PROPERTY. RECOMMENDATIONS: Locations are oked by this, Office. However, Please take into consideration that hydrants are needed in those sections before construction be- gins except for the construction of the swimming pool. i ,e OZ-4 Chie fHarvey milicri Apache Junction Volunteer Fire Department P?ACHF do O n� O '9RIZONP zly ot @ -ache &unction July 31, 1980 TO. Executive Secretary, Planning & Zoning Commission FRCM. Zoning Administrator RE- PZ-11-80 McClain The following observations are made on PZ-11-80: 1. The subject property fronts on Highway 60. 2. The subject property is adjacent to property presently zoned CB-2. 3. It appears that applicant has signatures stating non-objection from at least 51% of adjoining property owners, Based upon the above observations, it is recommended that the rezoning from GR to CB-2 be approved. LF•sw .•. :f Leo Frazigr Jr, Zoning Administrator 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION ARIZONA 85220 • TELEPHONE (602)982-6154 ,11144 ORDINANCE NO 60 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2), 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 for the parcel of land described as That part of the North % of the NorthEast % of the South- West a of the SouthWest 4, except that portion North of the Southwesterly right-of-way line of U.S. Highway 60, Section 21, Township 1 North, Range 8 East, Gila and Salt River Basin and Meridian, located in Apache Junction, Pinal County, Arizona be and hereby is changed from General Rural (GR) to General Business (CB-2). SECTION II REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 19 Mayor ATTEST City Clerk APPROVED AS TO FORM ,„ _,/ City Attorney PZ- 11-80 MC CLAIN (PROPOSED ORDINANCE NO 60) ION REQUESTED REZONING FROM GR TO CB-2 2"SAVE TR c 0 GR °` 711 GR GR GR '0• x 116._ so 'co CB-2 44"AVE 4"'AvE c8-2 �SuuBJEc T C g-2 O C8-2 �_z TT' Pf40PERTY CR-s cR-s GR 6'^AVE 0c06 GR GC3 GR r 7"'AvE N I I 0 30O' bOO• ROLL CALL VOTE SHEET NOTES ITEM # 3 MEETING OF MO O Xq? . T ION BY; SECONDED BY; YFS NO ABSTAIN COUNCILMAN HILL / - COUNCILMAN DAMIANO COUNCILMAN SHANKS ' COUNCILMAN BURGESS L/ COUNCILMAN EIDSON -M Y � .VICE A OR GRANILLO MAYOR SEEMAN I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES 9-&? ITEM # MEETING OF MOTION BY: SECONDED BY: 0 0- YFS Nfl ABSTAIN COUNCILMAN EIDSON_ ✓ COUNCILMAN SHANKS_ ' _ COUNCILMAN HILL COUNCILMAN BURGESS COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN ✓/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: S I ITEM NO, 3 BE IT RESOLVED BY THE step 1 MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO, 60, BE PEAD BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED, ( NOTE This motion must have a unanimous vote to carry ; if it does not have a unanimous vote , the City Clerk must read the Ordinance in full . ) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE Nn, 60, FOR THE SECOND READING, BE IT RESOLVED BY THE Step 3 MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-11-80, APPLICATInN OF GLEN MC CLAIN, ALSO KNOWN AS ORDINANCE NO, 60; AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZnNING CASE PZ-11-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2); REPEALING ANY CONFLICTING PPnVIgIfNc; AND PROVIDING FOR SEVERABILITY BE AND HEREBY IS ADOPTED. APPROVAL ITEM NO, 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-11-80, APPLICATION nF GLEN MC CLAIN, ALSO KNOWN AS ORDINANCE NO, 60; AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY PMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE AND HEREBY IS DENIED, FOR DENIAL PQACH.fi✓G s1' ...... _ O U , . � -Y Z dlPizoNJJttk `Oily o &4rache cOunctian August 14, 1980 MEMORANDUM TO. THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGE '- - FROM. JOE GERO, DIRECTOR OF PLANNING.,�.c,-L.`7 SUBJECT: AGENDA PLACEMENT ITEM - FOR SEPTEMBER 3, 1980 (PUBLIC HEARING AND FIRST READING) PROPOSED ORDINANCE #61 (PZ-13-80) SECOND READING 9/17/80 BACKGROUND. The Planning and Zoning Commission, on August 12, 1980, held an advertised public hearing on the above referenced requested rezoning. In your packet, you will find the back-up material on the request. The applicant has approved signatures representing: 100% of the area * 100% of the affected property owners (2) * *The existing CB-2 zoned areas and the area of U.S. Highway 60 are not in- cluded as they are exempt. ALTERNATIVES• In this rezoning case, the City Council has the following alternatives: 1. Approve the request. 2. Deny the request. 3. Return the application to the Planning and Zoning Commission for further review, with or without recommendation. 4. Other. RECOMMENDATION: The resolution of recommendation from the Planning and Zoning Commission is attached. The motion passed by a unanimous vote of 5-0. q io 2 6 -, ,. , : , APPROVED ON -� ---- ,1rr;;v✓ED ON C.}-�_d__L 5- _"" / I;cM l0. --------- �' (Second rem I O2 Acr_NDA OF < 4/..`z Z i _.- -- if F'flUC HEARING FOR AGENDA J ............7_...2,_ __l___-47 -/ OI n SL ' SS ....� 150 NORTH QcQTILI(t=, __MALOFFICE BOX K, CHE JUNWION RIZOAIA 85220  . -.IE1.5 4O}•942:75 53 C,1": MAC., / tt// _ '- ;��"') ,- n CITY MANAGER Page 2 Proposed Ordinance #61 SUGGESTED MOTION: "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-13-80, APPLICATION OF JAMES AND ETHEL LINDSEY, ALSO KNOWN AS ORDINANCE #61• AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-13-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY ; BE AND HEREBY IS (ADOPTED) OR (DENIED) " _ •. JWG/kmc Attachments: 1. Resolution from the Planning and Zoning Commission 2. Proposed Ordinance #61 and Map 3. Memo to Planning and Zoning Commission 4. Applicant petition and application 5. Memo from Fire Chief 6. Memo from Zoning Administrator ORDINANCE NO 61 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCEBY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-13-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY 0044 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 for the parcel of land described as South % of the SouthWest 4 of the NorthWest 4 of the SouthWest ; of Section 21, Township 1 North, Range 8 East, Gila and Salt River Basin and Meridian, located in Apache Junction, Pinal County, Arizona be and hereby is changed from General Rural (GR) to General Business (CB-2) SECTION II. REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are ( hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof 0044 PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 19 Mayor ATTEST City Clerk APPROVED AS TO FORM ‘/ 0 671,I:c,c) -- City Attorney PZ - I3- 80 LINDSEY ( PROPOSED ORDINANCE NO 61 ) ormll REQUESTED REZONING FROM GR TO CB-2 CB-Z- yet cr3-z GR 2"d AVE 1O GR GR CB SUBJECT 275'+ SITE 4"'AVE ; C R-5 A\ E/00 A ca CB-Z CB-Z (NCR TJ/ 0 " CR-5 CR-5 GR 6*AV6 r--- I I t I 300' 600' .4, ..... 4., O }� r1 00 -41,QIZOP COiti o75 &.79uche 09unction AUGUST 7 , 1980 r MEMORANDUM TO : PLANNING AND ZONING COMMISSION FROM: JOE GERO , DIRECTOR OF PLANNING -4)5 SUBJECT : REQUESTED REZONING PZ-13-80 - GR to CB-2 (PROPOSED ORDINANCE #61) BACKGROUND : APPLICANT : James Lindsay by Thomas Jones AREA . + 28 , 187 square feet Attached is the application materials submitted by the applicant . In addition, the following reports have been made to the Planning Department with regard to this appli- cation . FIRE CHIEF - No fire services objection DIRECTOR OF PUBLIC SAFETY - No public safety objections ACTING ZONING ADMINISTRATOR - As per attached memo no Build- ing Department objedtions DIRECTOR OF PUBLIC WORKS - No objection ANALYSIS AND IMPLICATIONS This property is currently an island of General Rural (GR) at the intersection of Idaho Road and U S . Highway 60-70 . To the south and west are CB-2 properties and the Highway forms the other boundary . Access could be obtained from Idaho (existing surfaced) , 4th non-existing or subject to obtaining a permit from the Arizona Department of Highways for highway frontage . 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602) 982-6154 OIN !aIN • PETITION FOR HEARING TO REZONE As provided for in the Aoache Junction Zoning Ordinance, Section 2803. INITIATION OF ZONING ORDINANCE AMENDMENT - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning district boundaries within an area previously zcaed by ,he City Cle .k the p:cpcsed anen::ment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a petition which included the property has been denied by the City Council within the previous 6 months. I, THOMAS J. ,JOKES , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent rezone the property described below from GR to cB-2 LOCATION• S/E corner Hwy 60-80-89 at Idaho St in Pinal County, City of Apache Junction LEGAL:S1/2SW1/4NAsw1/4 of Sec 21,Township 1 North,Range 8 East of the Gila and Salt River Base & Meridian, Pinal County,Arizona Except any part lying within the Hwy. rt. of ,.ay SOME USES PERMITTED IN PROPOSED ZONING DISTRICT. THOSE USES PERMITTED IN CB-1 ZONE AND THE FOLLOWING•Amusement and Recreation Enterprise, Auto repair garage, Retail and wholesale of hardware, sales of office equipment, Restaurant, Sale of household Appliances We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE. Please use Lot No. , Bloc, No. , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL rr/1dS7L��� p AIN We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby " certify that we do not object to the proposal. (NOTE. Please use Lot No. , Block No. , or Symbol as indicated on attached map.) DATE SIGNATUFE LOT BLOCK SYMBOL ON SIGNATURE OF P C CULATING PETITIO AFFIDAVIT STATE OF ARIZONA ss COUNTY OF-111ilil1 A ctCcp_ On this 30 day of JUNE ,19 80 , personally appeared before me THOMAS J JONES , who upon oath deposes and says that he is the person who circulated the foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet fznrt the exterior boundaric of the legally described property wherein the change of districts s beign requested � 146-4.t ) d`RC,Vvto �, � �4..".F� ' l al.4. rA..., 11 aukt6, n20 . I... n=�z81 01. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES FOR APACHE JUNCTION, ARIZONA Cash Receipt No. J /)'Amount p0% Date )-/) 'lase No. /D) TO APACHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an amendment to the zoning regulations, or approval of a Special Permit as follows (list the present zoning classification & then the proposed classi- fication, using separate parcel numbers if more than one change of zoning is proposed) . Parcel 1 From. GR To. CB-2 Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application is as follows (if more space is needed, attach separate sheet) . S1/2SANASW1/4 of Sec 21,Townslepl North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona EXCEPT any part lying within the Highway Right of Way The size (to nearest tenth of an acre) & general location of the subject property is as follows (give direction & distance from nearest mapped street) • .90 acre(after Right of Way) Property fronts on the south ,side of Hwy. 60-80-89 and the East side of Idaho St , the corner parcel (Please answer the following questions in the space provided or submit a separate signed statement if additional space is needed ) 1 Why is the property in question not reasonable suited for uses permitted under present zoning districting' Subject property is Highway frontage, and is an island of residentially zoned property by itself surrounded by CB-2,generai business zoned property 2 Are there any known changes in land use, street arrangement, or other conditions that have altered the character of physical your property, or adjoining property, since the present zoning was adopted' Please explain "Yes" answer. SURROUNDING PROPERTY HAS BEEN ZONED CB-2 FROM GR 3. If your requested change is to provide additional commercial or industrial zoning, is there a demonstrable need for this zoning in order to serve the community or neighborhood, as the case may be? Explain Page 1 of 2 pages AWN 4. Other reasons for the subject request TO MAKE THE PROPERTY ADHERE TO THE GENERAL SURROUNDING LAND THE PROBABILITY OF WANTING TO SUILD A HOUSE IN THIS AREA SPECIFICALLY SURROUNDED BY GEN COMMERCIAL IS SLIM, and DOES NOT ADHERE TO THE GENERAL SURROUNDING LAND USE Describe existing & proposed future use of subject property, buildings and structures THERE IS NO EXISTING USE FOR THE LAND, IT IS RAW DESERT Attach any supporting information, _statements or plans* to this application & submit same in person to Apache Junction Planning & Zoning Commission Department, Apache Junction, Arizona. (Note. The land owner (s) must sign below or else the applicant must submit a letter signed by the owner authorizing him to apply for this change of zoning) . THOMAS J JONES 15420 N 32nd St Phx 85032 Az 992-6674 (Name of applicant or representative) (Address) (Phone) JAMES F LINDSEY AND ETHEL H LINDSEY,his wife 248 N. Robson Mesa85201 Az. 964-4242 (Name of land owner) (Address) (Phone) THOMAS J. JONES 15420 N. 32nd Street Phx. Az. 85032 (Name & Address of person to whom petition & notices should be ailed) i7 7 /9 ko (Signature o applicant) (Date) 1^ *Note- Plans are required when application is filed for following Special Use Permits under Section 2302, Area & Neighborhood _ Plans, Article 32, Industrial CI-2, Article 18; Trailer Courts, Article 20, Section 2001-c DO NOT FILL OUT FOLLOWING (for office records only) LEGAL PUBLICATION Date filed Applicant Zoning Case Census Division & Tract No. Application received by Remarks. Page 2 of 2 pages Jrnaer f 1Uthrurj SPECIAL KNOW ALL MEN BY THESE PRESENTS That -I Am S I I---1 1+7S L J r` ha.:.. made, constituted and appointed, and by these presents do hereby make, constitute and appoint h.��� $ �J C`ke S hl:c(L.(..2L117 Y w"r` a.(.;?iti F.4C° 'c- �/ii�l2 6(? . C't3) C/1, Pi cL L K�r.44�'J.c 41 1-1- 9?SSaL (1- /ci i 1-c •5' eS 4 k-t r true and ran ful Attorney for and in L name 5 , place and stead, GIVING AND GRANTING unto. AIM said AttorneyCl.iifull power and authority to do and perform all and esery act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as tOE might or could do if personally present _ hereby ratifying and confirming all that . said Attorney .shall lawfully do or cause to be done by virtue of these presents IN WITNESS WHEREOF, (A)'fr.. have hor•eunto set CL(C— hand, this day of/1.- , 1910 s- tZei 2/ .r Forms Inc 31 West 4,adson Styr,I l'ho(.mx Ancona 85003/253 8612/Form 31 STATE OF UP,IZONA, 1 On this the re- d•is County of �le-0ss of Ju/ , 19 �(..) . before me, _D la(L. `Pt.-- , a Notary Public in and for the County of m/LrIf OJ2L, State of Arizon•i on this day personally appe•ued \—JAVE5 g- /.tw"'s ei, -1- eik1 e4, 4!nnsry known to me (or satisfactorily proven) to be the person whose name 5 subscribed Lo the isithin instrument arc! acknostiledged that TiitEy executed the same foi the pi'i 01111114 - poses therein cont'unecl In witness whereof I hereunto set my hand and offi seal • a (My Commission expires a a"`-81 ) 'otaiy Public STATE OF ARIZONA, i On this the d•1‘ ss County of J of , 19 before me, , a Notary Pi.hl:c in and foi the County of , State of Arizona, on this day personally appealed wife of said .. known to me (or satisfactorily proven) to be the person __ whose name subscribed to the within instrument and acknowledged that executed the same for the pur- poses therein contained In witness whereof I hereunto set my hand and official seal (My Commission expires ) Notary Public . z HC c. ,CD ° a Myo dmm i. 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(7rllfl• / 1021 ra SALES E(.P9 707 26.0 A/N 60K 1S4},VKN iCt Al�t7I0 • 7 .i a�1 A 010 *P044 ACY/1016 1 1 2`UI 1 a 1f a 76.6/17.rum 6 6 MIN..t' WAVY 1.4414. La thro I(SAL E79-at) S -1 /0h1f-0O[ •7 177 1 �044114. LINO, Y~JC 02►T4 1uf0 M4c.r JKT A W220 0/00/ 1144 rim. Taw J E(1�(t J,/. Mama.crf LOP/t6 6G af0* • °j�p6 23.a a20E tan*PM,.••{ 47 • AwArill No•I tom.1 K VOA*MY6 f 3 GOMIS.6 J/7 11►I; . -, ,e1-11�5 Sl 1026 EA IS:.f0 N'Jt 21 J /Al/NAM.4Ar.M 0 4C. JCI Al N220 S/if/6 6 micaa*6C4[I UI 6 as t 04101 A '11.(p61 0 pE 16.a .+ �M• 66 6 •••w+ .0/O2 74..01(Mt 0I P14� • M 140E-0f W.W►II(r +�"'• r w nn. y .. • . - $P. . .... .ti- ;sg•x� .1.11 �� i w._ .tip :�t� r' ::x •cm. , MEMORANDUM page 2 ALTERNATIVES 1 . Recommend approval 2 . Recommend denial 3 . other To avoid the possibility of the decision being perceived as arbitrary and/or capricious the reasoning which supports the decision should be stated . V� r .'. --^y n-v-.ws^:-r�wr-rrry w+„+r+w r / / 0 t� . 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Icy \ (ll(()) 11�/11))�1/ I JiI i ��t ti, '• ` '' �` L_T 11n ft I�`111,111)%,�1\�\\ 1)' �'l�)11)�/) � �'\ i`�t• .Jl. �.,'^, '`�,X X /WW irllll l ,+l AO)Ul � W-J [tji; • •'f't .,pr' m .. .,' , as 1 ,• r;�}•..µ:me-iv,,ril!ply,, 3"`" , it ,„l I,.W tJJ ri . c, ▪ m•• ,04 •'t,,.•,r !���iLYAL _PA!M_R.D�`j 4_YAI�i�_ PA 1_M._ R n. 1, , , �n,"" i.., . /'1 /'ikk -�`"" From the desk of ,` • CHIEF HARVEY £ MILLER July 31, 1980 ATTENTION. DIRECTOR OF PUBLIC WORKS, RICHARD BROMAN DIRECTOR OF PUBLIC SAFETY, BILL MCDANIELS DIRECTOR OF CITY PLANNING, JOE GERO SUBJECT: REZONING OF ASLETT, LINDSEY, AND MCCLAIN PROPERTY. RECOMMENDATIONS• Locations are oked by this Office. However, Please take into consideration that hydrants are needed in those sections before construction be- gins except for the construction of the swimming pool. Chief .Harvey Mill Apache Junction Volunteer Fire Department P?ACl'F✓o .�. 3 Kyz j' V it y on' &47iache C unction July 31, 1980 TO. Executive Secretary, Planning & Zoning Commission FROM. Zoning Administrator RE. PZ-13-80 Lindsey The following observations are made on PZ-13-80 1. The subject property fronts on Highway 60. 2. The subject property is adjacent to property presently zoned CB-2, 3. It appears that applicant has signatures stating non-objection from at least 51% of adjoining property owners Based upon the above observations, it is recommended that the rezoning from GR to CB-2 be approved. LF sw 71,. ./* / /G( o Fraz' Jr. Zoning Administrator 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602) 982-6154 ROLL CALL VOTE SHEET NOTES ITEM # ` 560 MEETING OF MOTION BY: SECONDED BY : Or YFS Nn ABSTAIN C COUNCILMAN SHANKS_' COUNCILMAN EIDSON `/ COUNCILMAN BURGESS ✓ COUNCILMAN HILL COUNCILMAN DAMIANO v VICE-MAYOR GRANILLO / MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES c � ITEM # L\ MEETING OF MOTION BY. */( SECONDED BY ; / YES VO AYTAIN COUNCILMAN DAMLIANO COUNCILMAN pUR'ESS L� COUNCILMAN EIDSON COUNCILMAN HILL '/ COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN V/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 4 Step l BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO, 61, BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED, NOTE• This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full .) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO, 61, FOR THE SECOND READING, BE IT RESOLVED BY Step 3 THE MAYOR AND CITY COUNCIL OF THE CITY nF APACHE ,JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-13-80, APPLICATION OF JAMES AND ETHEL LINDSEY, ALSO KNOWN AS ORDINANCE No , 61; AN ORDINANCE nF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZnNA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-13-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERA.BILITY; BE AND HEREBY IS ADOPTED, FOR APPROVAL i ITEM NO, 4 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN REZONING CASE PZ-13-80, APPLICATInI'! nF JAMES AND ETHEL LINDSEY, ALSO KNOWN AS ORDINANCE NO, 61; AN ORDINANCE nF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-13-SO FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB-2); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY; BE AND HEREBY IS DENIED, FOR DENIAL ?ACHE✓G r', .. 0� 20� 0 U 3 ,r.: . Z '1RIZONP `pity o . &4pache 0?unctian September 10, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL : 1 THROUGH: RAY LEE, CITY MANAGE R FROM. JOE GERO, DIRECTOR OF PLANNING, SUBJECT: AGENDA PLACEMENT ITEM PROPOSED ORDINANCE NO. 59 (PZ-10-80) FIRST READING ONLY Attached are materials from the Planning and Zoning Commission regarding the above requested rezoning. BACKGROUND The applicant, on May 15, 1980. applied for rezoning of the subject site and requesting CI-1. The applicant noted that he wished to build a recreational facility. On August 12, 1980, the Planning and Zoning Commission held an advertised public hearing. Noting that, if granted, the owner could build any and all uses in a CI-1 zone, the Commission instructed the applicant to meet with the City staff to discuss alternatives, including Planned Development. It was also determined that the applicant only needed CB-2 zoning to build the facility he was requesting. Mr. Matousek agreed to reduce his request to CB-2. At the September 9, 1980, Planning and Zoning Commission meeting, Mr. Matousek reported that he had determined a recreational facility was not economically feasible, but that he wished to pursue the CB-2 zoning so that he might pursue a commercial use such as a motel or restaurant. APPROVED ON . q-=I0-86 The applicant has approved signatures representing: FOR AGENDA OF Q l'7-80 70% of the area �_ 71% of the affected property owners (5 of 7) CITY MANAGER This has been advertised for public hearing by the City Council for your regular meeting of October 1, 1980, at 7.00 P.M. ITEM No. PUT -' RRNG ..-- OLD L'USINESS — 7. - NEW BUSNESS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • itltPHtnVK y9fficUT5 Page 2 Proposed Ordinance No. 59 INFORMATION Section 15 is an area which was studied several years ago by Pinal County Planning and, as a result, the CR-1 zoning was established over most of the Section. There is a single family home under construction on an adjacent site. Oink CR-1 residential zoning should be reviewed. This is the largest lot size (20,000 square feet/lot minimun) of the urban-like zoning districts. As such, the larger homes can generally be expected to be constructed. ALTERNATIVES The City Council has the following alternatives . 1. Approve the request. 2. Deny the request. 3. Return the request to the Planning and Zoning Commission for further review, with or without recommendation for direction. 4. Other. RECOMMENDATION Please review the memo dated August 7, 1980, to the Planning and Zoning Commission for the various departments ' recommendations. The Planning and Zoning Commission voted 6-2 to recommend denial of the application to the City Council . The reasoning of the Commission was: 1. The applicant was not specific on his intention. Not knowing the future commercial demand raises future implications for land use. 2. Rezoning by the proposed method is not good planning procedure. 3. The extension of the CB-2 zone into the CR-1 zone would be spot zoning. SUGGESTED MOTION "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN THE APPLICATION OF GARTH ASLETT FOR REZONING CASE PZ-10-80, ALSO KNOWN AS ORDINANCE NO. 59: ... oft. Page 3 Proposed Ordinance No. 59 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-10-80 FROM SINGLE FAMILY RESIDENCE (CR-1) TO GENERAL BUSINESS (CB-2) , REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY; BE AND HEREBY IS (ADOPTED) OR (DENIED) . JWG/kmc ATTACHMENTS. 1. Proposed Ordinance No. 59 and map. 2. Memo to Planning and Zoning Commission. 3. Applicant's petition and application. 4. Written Power of Attorney. 5. Memo from Zoning Administrator. 6. Memo from Fire Chief. ORDINANCE NO 59 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-10-80 FROM SINGLE RESIDENCE ZONE (CR-1) TO GENERAL BUSINESS (CB-2), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY OON 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 for the parcel of land described as South % of the NorthEast 4 of the NorthWest 4 of the North- West 4 of Section 15, Township 1 North, Range 8 East, Gila and Salt River Basin and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is changed from Single Residence Zone (CR-1) to General Business (CB-2) SECTION II. REPEAL OF 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 In any section, sub-section, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 19 _ PIN Mayor ATTEST City Clerk APPROVED AS TO FORM • City Rttorney PZ- IO- 80 ASLETT ( PROPOSED ORDINANCE NO 59) • LOST DurCHmAr,/ BLVD C, R-1 CR-1 CR-I 1 '3a / /t 33 , CR-1 3� SUg36CT � �33 /S1//TE wDso^/G ST r /////1/ T,133' a F—33' 33 3 C Q-1 CB-2 0p 1.1 ° /1% cc-I -v PJ 0 3Qo' 600. ,,..c� c 300 risk k de.4., , -I, U '. Z si" t gRIZONP COit y ora &4pache &9unct20n August 7, 1980 0.. MEMORANDUM TO: PLANNING AND ZONING COMMISSION FROM JOE GERO, DIRECTOR OF PLANNING ,'G' c� SUBJECT: REQUESTED REZONING PZ-10-80 (CR-i to CI-1) (PROPOSED ORDINANCE #59) BACKGROUND: APPLICANT: Garth Aslett By Vincent Matousek AREA: 5 Acres Attached is the application material submitted by the applicant. In addition, the following reports have been made to the Planning Department with regard to this application. Fire Chief - No fire services objections Director of Public Safety - No Public Safety objections Acting Zoning Administrator - No Building Department objections as a building issue. However, see memo for land use issue. Director of Public Works - No Public Works objections. Cannot allow the '..., abandonment of any patent easements. As a land use issue, recommends denial in that CI-1 is not com- patible with the surrounding zoning. Analysis and Implications The applicant is requesting a rezoning to CI-1 Light Industrial . Even though the applicant has indicated a desire to construct a recreational facility, the granting of the rezoning does not guarantee that a recreational facility would ever be built. There could be a new owner, or a change of circumstance with the owner, or the owner may change his or her mind about how to use their land. A rezoning grants all the rights and privileges to each owner, including the possibility of developing any and all uses listed for the district from time to time. The Commission must also decide whether or not this request would be spot zoning CR-1 is the most restrictive of the urban-type residential zoning districts. Section 15 is predominantly CR-1. However, Arizona Highway 88 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION ARIZONA 85220 • TELEPHONE (602)982-6154 Page 2 Requested Rezoning PZ-10-80 does bisect the section. Therefore, you must decide whether or not there is an orderly transition between the area requested for rezoning and the adjacent properties. Alternatives: 1 Mr. Matousek has been advised of the possibility of applying for a Planned Development which would obligate the property owner to the recreational facility plan. 2. He has also been advised that under Article 23 of the Zoning Ordinance, the applicant could apply for a Conditional Use Permit. (Note• Although the procedures are not clearly set forth) . (See Zoning Ordinance, Section 2302, p. 61-62) . 3. Recommend approval . 4. Recommend denial . 5. Other. To avoid the possibility of the decision being percieved as arbitrary and/or capricious , the reasoning which supports the decision should be stated. JWG/kmc Addendum 1. The subject site has a wash running from the northeast corner to the southwest corner. The site is in an area with a preliminary flood plain management Zone "D" 2. The site plan, as submitted, exceeds the parcel boundary. ON June 12, 80. The planing and Zning Dpt. Apache Junction, Pinal Cty. Arizona. OS Request for Rezoning of Property. The undersigned Petitioner herewith requests a rezoning of property described as lacal: Sz of the Iu * - Nil a NV , Section 15, T 1 N - R 8 E, G .SR&M, Pinal County Arizona, from existing Cr-1 to CI-1 , (with owen gaterwell. ) The Petitioner plans to use the abowe indicated Property for Public Recreational Sites, with Swimmingpool, WAterslides, efixed w ith Public Restrooms, outside Showers Parking fascilities etc. The Petitioner made withe Surveys, questioning large number of lacal People , asking their Opinion or Estimation of my planed project and practicaly every one was grately impressed and in favour for this Idea. ThisProject will bring not only Improvement to the City of hpache Junction, but also grate Enjoyement to People, especialf to the Youngsters. Therefor I do 'oeliev, that the Idea of this kind of Project should be ruther suported then deny. Ladies and Gentlemen of the City Staff, Planing and zoning Commission and the Council, the rest is in Your Poaer. Hope, that also You will be in Favou . r/knee,n, Sincerel7 yOld `--~ Vincent J. I atousek 139 So. Crismon Rd. Apache Jet. AZ 85220. Tel. 9864070. PIN cr.1.4(1/1" AXe PETITION FOR NEARING TO REZONE As provided for in the Aoache Junction Zoning Ordinance, Section 2803. INITIATION OF ZONING ORDINANCE AMENDMENT - BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning district boundaries within an area previously zoned by filing with the City Clerk the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change If the petition is for a change of classification, there shall not be counted, eitner in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district In the event that the area of the proposed change does rot constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing No petition shall be received for amendment reclassifying property if a petition which included the property has been denied by the City Council within the pre i,o.us 6 monk Garth ealett I (4(j, l ��� Edith zslett , being the (owner or having power of a torney for the owner or owners) hereby indicate (my) (their) intent rezone the property described below from CR-1 to �-1 LOCATION- LEGAL. Si of t?,e id'r' Section 15, T1T1-P3S ?4 , a, u� v SR3a?', dual `aunty, Arizona SOME USES PERMITTED IN PROPOSED ZONING DISTRICT. Outdoor Recrcntional Structures We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE. Please use Lot No , Bloc, No. , or Symbol as indicated cn attached map.) DATE SIGNATURE LOT BLOCK SYMBOL =Ij / 4//2/ •CC� /, _j /VC) /,/////:,/,A S-"Lt-/-C ( PETITION FOR HEARING TO REZONE As provided for in the Aoache Junction Zoning Ordinance, Section 2803. INITIATION OF ZONING ORDINANCE AMENDMENT - BY PETITIGN AND CONSENT Any person may initiate a zoning ordinance amendment changing the zoning district boundaries within an area previously zoned by filing with the City Clerk the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change If the petition is for a change of classification, there shall not be counted, eitner in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners. Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a petition which included the property has been denied by the City Council within the ?revs 6 montt Gai h ti_,lett I,., ith ysiett , being the (owner or having power of aftoorrey for the owner or owners) hereby indicate (my) (their) intent rezone the property described below from ':P to LOCATION. LEGAL. of thn , i-c'-ion 15, 71' -R' s, ;,'1 ?ins'] SOME USES PERMITTED IN PROPOSED ZONING DISTRICT (ut-'oor trio+ur,7 1 • We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal (NOTE- Please use Lot No , Bloc, No , or Symbol as indicated on attached map ) nnmE SIG'?nTURF LOT BLOCTt SYMBOL eS NUJ , 2 .1t7.47-r""" We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby e1 certify that we do not object to the proposal. (NOTE Please use Lot No. , Block No. , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL '241:97-2 SIGNATURE OFRE3?SON CIRCULATING PETITION l , AFFIDAVIT STATE OF ARIZONA ss COUNTY OF PINAL On this t�' day of 'f t;'/' ,19 �) ,� personally al.peaied before me L i'<' r,":I ; 1%IgTY,_ ( ' , who upon oath deposes and says that he is the person who circulated the foregoing petition and that to the best of nis knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is beige requested. )2) )3 he hat() APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES FOR APACHE JUNCTION, ARIZONA Cash Receipt No. Amount Date Case No. TO APACHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an amendment to the zoning regulations, or approval of a Special Permit as follows (list the present zoning classification & then the proposed classi- fication, using separate parcel numbers if more than one change of zoning is proposed) • Parcel 1 From C2-1 To STD--1 ( r Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application is as follows (if more space is needed, attach separate sheet) • f ) .4 21 The size (to nearest tenth of an acre) & general location of the subject property is as follows (give direction & distance from ^ nearest mapped street) . (Please answer the following questions in the space provided or submit a separate signed statement if additional space is needed.) 1 Why is the property in question not reasonable suited for uses permitted under present zoning districting? - 2 Are there any known changes in land use, street arrangement, or other physical conditions that have altered the character of your property, or adjoining property, since the present zoning was adopted? Please explain "Yes" answer. „ J 3 If your requested change is to provide additional commercial or industrial zoning, is there a demonstrable need for this zoning in order to serve the community or neighborhood, as the case may be? Explain. -- , Page 1 of 2 pages 4. Other reasons for the subject request. OIN Describe existing & proposed future use of subject property, buildings and structures. Attach any supporting_information,- statements or plans* to this application & submit same in person to- Apache Junction Planning & Zoning Commission Department, Apache Junction, Arizona (Note. The land owner (s) must sign below or else the applicant must submit a letter signed by the owner authorizing him to apply for this change of zoning) - •_ _ -� (Name of applican or representative) (Address) (Phone) (Name or and owner �{• (Address) (Phone) (Name & Address of person to whom petition & notices should be mailed) k (Signature of applicant) (Date) *Note Plans are required when application is filed for following- Special Use Permits under Section 2302, Area & Neighborhood Plans, Article 32, Industrial CI-2, Article 18, Trailer Courts, Article 20, Section 2001-c. DO NOT FILL OUT FOLLOWING (for office records only) LEGAL PUBLICATION Date filed Applicant Zoning Case Census Division & Tract No Application received by Remarks Page 2 of 2 pages Pfit1ITT AtinrrtrU GENERAL KNOW ALL MEN BY THESE PRESENTS Thatnarth " _c t: ,- )_et+ --- . ^ of •OLt .. r1s I ijtheX??e Td'11Q - II - - - ha;a made, constituted and appointed, and by these presents do hereby make, constitute and appoint >> cent J. :'atou.^ k of '.°• _ I Our true and lawful attorney for and in - = name , place and stead,and for Mir use and benefit,. Co obi i:. .o-f 011.r _ro The S- of the 1'4—TT `'- Sect-Loh 1 T1,I—R8 G-SP=_, . Pinal Cotr.ty, t?l;: %l Q.f JunHtaar -?:•a. :' i' • to ask, demand;sue-forrecover-Collect-and-receive-aH-such--sums of money,debts,dues,accounts,legacies be- quests, interests, dividends, annuities, and demands whatsoever as are now or shall hereafter become due owing payable or belonging to .and have,use and take all lawful ways or means in . name .- , or otherwise for the recovery thereof,by legal process,and to compromise and agree for the same, and grant acquittance or other sufficient discharges for the same for and in name , to make, seal and deliver,to bargain, con tract, agree for purchase receive and take lands, tenements, hereditaments, and accept the seizing and possess- ing of all lands and all deeds and other assurances in the law thereof, and to lease, let, demise, bargain, sell remise, release, convey, mortgage and hypothecate lands, tenements, hereditaments, upon such terms and condi- tions and under such covenants as shall think fit Also to bargain and agree for, buy sell,mortgage hypothe- cate and in any and every way and manner deal in and with goods, wares and merchandise choses in action, and other property in possession or in action,and to make,do and transact all and ever} kind of business of what 011111 nature and kind soever,and,also,for . .and in name , and as .act and deed, to sign, seal, execute deliver and acknowledge such deeds covenants, indentures agreements, mortgages, hypothecations, bottomries charter parties,bills of lading bills bonds notes,receipts,evidences of debt,releases and satisfaction of mortgage judgment and other debts and such other instruments in writing,of whatever kind and nature as may be neces sary-orprepee-in-the-premises.— GIVING AND GRANTING unto.T,isisald Attorney TYa full power and authority to do and perform all and eery act and thing whatsoexer requisite and necessary to be done in and about the premises, as fully to all intents and purposes as .e might or could do if personally present _ hereby ratifying and confirming all that t113 said Attorney "- er gf lttorrey shall lawfully do or cause to be done by l irtue of these presents. ! I IN WITNESS WHEREOF, 71/2.11.1 halve hereunto set .`t t- hand,:— , the h 15� day of f?<.4 , one thousand nine hundred and--4 t ' (:I rtri - _et+, i •tt , i • Fortis lnr. 11 ll+st\1'ul, rn Str cr t l'hocnis -\rieon..aa003/253 tifii2/Form 32 STATE OF ARIZOcNA, 1 ./ -i 1 ss County of, s:x:/ 4z ly.4, On this the !'` -n day of ;n.,:cE', 19. 0 , before me,y 'tip 2l - -r:.a.e.! , the undersigned, a Notary Public,per�son�illy appeared�t 222 '_'•' -�•. . .��c.? • known to me (or satisfactorily proven) to be the persons whose name>.4-, subscribed to the glthin instrument and acknowledged that._e heA, executed the rime foi the pur- poses therein contained In wttress whereof I hereunto set my hand and official seal 4r% .„,✓ 1 My Commission expires / 2 %? ( G' Notary Public i U ♦F III - ' US • v-. I 3 0 _=� C., J V U J �+ c-. ,." v N y o N Iw b • t.t o C -�U y o U U t ti F 0 o c° 3 r I E. o '";.. 0* o A Im tJ A. pa 4 s (,:ip,cH\✓G,1, '�' '� d(r 0 ot_., , „ 'o-iZ . s - cOity 4 C pache 2unction July 31, 1980 TO- Executive Secretary, Planning & Zoning Commission FRC1. Zoning Administrator RE. PZ-10-80 Aslett • The following observations are made. 1. Property is surrounded on three sides by CR-1 (most restrictive residential zoning classification) . 2. Property is joined on south side by CB-2 (more restrictive zoning) . 3 Requested zoning would allow any use permitted under CI-1 classifi- cation (light industry) , such as, but not limited to• blacksmith, machine shop, bulk storage of gasoline, bulk storage of liquid petrolium gasses, building material yards, etc. 4. Rezoning would not limit petitioner to proposed use, thereby permitting light industry in a residential zone '— Based upon these observations, we would recommend denial of rezoning from CR-1 to CT-1. We could, however, support rezoning to PD for the proposed recreational center. I Leo Fra .ice erJr. , Zoning Administrator LF.sw 150 NORTH OCOTILLO • POST OFFICE 30X K APACHE JUNCTION ARIZONA 85220 • TELEPHONE (602)982-6154 From the desk of CHIEF HARVEY MILLER July 31, 1980 ATTENTION. DIRECTOR OF PUBLIC WORKS, RICHARD BROMAN DIRECTOR OF PUBLIC SAFETY, BILL MCDANIELS DIRECTOR OF CITY PLANNING, JOE GERO SUBJECT. REZONING OF ASLETT, LINDSEY, AND MCCLAIN PROPERTY -#11144 RECOMMENDATIONS• Locations are oked by this, Office. However, Please take into consideration that hydrants are needed in those sections before construction be- gins except for the construction of the swimming pool. kti4g/ oz4 Chief .Harvey Mill ApachI Junction Volunteer Fire Department ITEM NO, 5 CALL UPON THE CITY CLERK TO READ THE TITLE nF PpnPfSED ORDINANCE NO, 59, FPR THE FIRST READING , PQACHE✓G `O n U ; T k s l ^ ?. 1." Z Y 5 Y r 4y rr^ `, 4RIZoNP `pity o c pache 09unctian September 11 , 1980 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM: CITY ATTORNEY SUBJECT: AGENDA ITEM PLACEMENT - Ordinance No. 67 Proposed Ordinance No. 67 provides for indemnification for expenses reasonably incurred by City Council members in defending against certain lawsuits or other proceedings against the City Council member when acting or making decisions in his official capacity. To receive indemnification, the Council member must be found to have acted with good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the City. In the case of a criminal proceeding, in order to be eligible for indemni- fication the Council member must have had no reasonable cause to believe his conduct was unlawful . Public officials are always subject to possible lawsuits not covered by the City's Errors and Omissions (malpractice) insurance. Nevertheless, a public official acting in good faith should not be "chilled" in his actions by the constant threat of lawsuits and the cost of defending them. Under this ordinance, where a Council member acts in good faith he may be reimbursed for expenses reasonably incurred in defending himself. ITEM No. 6. PUBLIC HEARING jdt __ ___ OLD SUS:NESS __ NEW BUSINESS ........ INFO/ REPORTS APPROVED ON tt/141a ►a AGENDA OF _.:JL11 0 1001 NORTH IDAHa 61fr #XX:APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 a OIN Ordinance No. 67 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, ADDING ARTICLE 2-10, INDEMNIFICATION OF OFFICERS, EMPLOYEES AND COUNCIL MEMBERS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS- SECTION I That Article 2-10, Indemnification of Officers, Employees and Councilmembers, read as follows. Section 2-10-1 Definitions 1. "Person" includes officers, employees, and City Councilmembers of Apache Junction. 2. "Proceedings" includes any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administered or investigated. Section 2-10-2 Indemnification Any person made a party or threatened to be made a party to any proceeding by reason of the fact that said person is an officer, employee or city councilmember of Apache Junction shall be indemnified by the City as hereinafter set forth. Section 2-10-3 Action Other Than By or In the Right of City If said proceeding is one other than an action by or in the right of the City, said person shall be indemnified against his expenses, including attorneys fees, and including judgments, fines, amounts paid in settlement actually and reasonably incurred by him in connection with such proceeding. ^ Section 2-10-4 Criminal Proceeding If said proceeding is a criminal proceeding, said person shall be indemnified if he had no reasonable cause to believe his conduct was unlawful. Section 2-10-5 No Presumption Created With respect to indemnification under Section 2-10-3 or 2-10-4 above, a termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, byitself, q . create a presumption that said person acted, or failed to act, other than in good faith and in a manner which he reasonably believed to be in or not opposed to the best interest of the City, and with respect to any criminal proceeding, had reasonable cause to believe that his conduct was unlawful Section 2-10-6 Action By or In the Right of City If said proceeding is one by or in the right of the City to procure a Judgment in the City's favor, said person shall be indemnified against his expenses, including attorneys fees, but excluding judgments and fines, and, except as hereinafter set forth, amounts paid in settlement actually and reasonably incurred by him in connection with the defense or settlement of such proceeding if he acted, or failed to act, in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the City. Section 2-10-7 Negligence and Misconduct No indemnification under Section 2-10-6 shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the City except that such person may apply to the Court in which such proceeding was brought and request a determination that such person is fairly and reasonably entitled to indemnity for such expenses when such Court shall deem proper. The Court in which any such proceeding was brought may determine upon application that, in view of all circumstances of the case, indemnity for amounts paid in settlement is proper and may order indemnity for the amounts so paid in settlement and for the expenses, including attorneys fees, actually and reasonably paid in connection with such application, to the extent the Court deems proper. Section 2-10-8 Success on the Merits To the extent that a person covered by this Article has been successful on the merits or otherwise in defense of any proceeding covered by this Article or in the defense of any claim, issue or matter therein, he shall be Il indemnified against expenses, including attorneys fees, actually and reasonably incurred by him in connection therewith. Section 2-10-9 Determination by Council Any indemnification made pursuant to this Article, unless ordered by a Court, shall be made by the City only as authorized in the specific case upon a determination that indemnification of the officer, employee or councilmember is proper in the circumstances because he has met the applicable standard of conduct set forth in this Article. Such determination shall be made by any of the following. 1 By the City Council by majority vote of a quorum consisting of councilmembers who were not part to the proceeding 2. If a quorum is not obtainable, then in a written opinion of independent legal counsel acquired by majority of the disinterested councilmembers for that purpose. 3. If there are no disinterested councilmembers, by the Court or other body before which the proceeding was brought or in the Court of competent jurisdiction upon the approval of an application by any person seeking indemnification, in which case indemnification may include the expenses, attorneys fees, actually and reasonably paid in connection with such application. 11 PIN Section 2-10-10 Payment of Expenses in Advance Expenses, including attorneys fees, incurred in defending a civil or criminal proceeding may be paid by the City in advance of the final disposition of such proceeding as authorized in the manner provided in Section 2-10-9 upon receipt of an undertaking by or on behalf of the officer, employee or council member to repay such amount unless it ( shall ultimately be determined that he is entitled to be indemnified by the City as authorized by this Article. Section 2-10-11 Indemnification Not Exclusive Remedy 1 The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those indemnify may be entitled. SECTION II Repeal of Conflicting Ordinances 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 Severability It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be severable and if any provision of this Ordinance is held unconstitutional for any reason by a court of competent Jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the Ordinance. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF , 1980. Mayor 00., ATTEST. CITY CLERK APPROVED AS TO FORM. ity Attorney ITEM NO. 6 CALL UPON THE CITY CLERK TO READ THE TITLE flF PRnPnSED nRDINANCE NO. 67, FOR THE FIRST READING, (SiltCHF✓Gy .ft. IZ DEPARTMENT OF PUBLIC SAFETY P gRIZON cOZty o� &.4pache 09unction W E McDANIEL ,,.k September 12, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: CITY MANAGER FROM: WILLIAM E. McDANIEL �CM. DIRECTOR OF PUBLIC SAFETY SUBJECT: AGENDA PLACEMENT ITEM (Animal Control Ordinance) BACKGROUND: PROPOSED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE HAVE BEEN REVIEWED BY THIS OFFICE AND THAT OF THE CITY ATTORNEY. THE CITY ATTORNEY INDICATES THEIR REVIEW OF THE CHANGES WITH FAVORABLE COMMENTS WHICH WE SUPPORT RECOMMENDATION: - AS DIRECTOR OF PUBLIC SAFETY, I RECOMMEND APPROVAL OF THE INDICATED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE. SUGGESTED MOTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT CHAPTER 6, ANIMALS, ARTICLE 6-2, IMPOUNDING ..� GENERALLY, SECTIONS 6-2-1, 6-2-2 AND 6-2-3; AND ARTICLE 6-3, DOGS, SECTIONS 6-3-1, 6-3-2, 6-3-4, 6-3-5; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY PROVIDING FOR PENALTIES; AND DECLARING AN APPROVED EMERGENCY AS RECOMMENDED BY THE DIRECTOR OF ON ---•-..... 86"+� PUBLIC SAFETY BE, AND IS HEREBY APPROVED. FOR AGENDA OF Q//7M -4)Sle„z4 -- ITEM No. f-7 .................. PUBLIC HEARING OLD BUSINESS - NEW BUSINESS ...._.__.._ INFO/REPORTS 1001 NORTH IDAHO RD.•POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260 LAW OFFICES MARTINEZ, CURTIS, GOODWIN & KARASEK 1402 FIRST FEDERAL SAVINGS BUILDING 3003 NORTH CENTRAL AVENUE MICHAEL A CURTIS PHOENIX,ARIZONA 85012 JAY M MARTINEZ TELEPHONE (602) 248-0372 SUSAN D GOODWIN DAVID K KARASEK REFER TO FILE NO 244 OF COUNSEL JOHN C JENNINGS September 8, 1980 Mr. Ed Sedar Apache Junction Police Department City of Apache Junction Post Office Box K Apache Junction, Arizona 85220 Re : Animal Control Dear Ed: We have reviewed the proposed amendments to the Animal Control Ordinance which you have prepared. You have apparently discovered a structural problem with the existing ordinance which has long given us concern, and may be we can take this opportunity to rectify it. Unlike the County ordinance, the City ordinance contains one article for animals other than dogs and one for dogs only. The problem is that the existing Section 6-2-1 limits Article 6-2 to non-dogs and appears to confine Article 6-3 to dogs only. Unfortunately, neither article is complete unto itself and one must refer to the other to make sense of them. We have therefore modified Section 6-2-1 to make clear that Article 6-2 applies in all cases, except where Article 6-3 applies. That way there is no gaps between the two. Your proposed amendments point up one problem with Article 6-2 : it has no definitions. We have included "non-dog related" definitions in Article 6-2 and revised the "dog related" in Article 6-3 where necessary. We have eliminated your definition of "vicious animal" because dangerous animals are covered by Article 6-1, and we believe it not necessary to narrow the definition as you have done. Mr. Ed Sedar September 8, 1980 Page Two We are much more comfortable with this chapter as restructured although most of substantive provisions remain ... unchanged. Let me know your thoughts . Sincerely, Susan D. Goodwin SDG/cm p OIN ORDINANCE NO. 68 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 6, ANIMALS, ARTICLE 6-2, IMPOUNDING GENERALLY, SECTIONS 6-2-1, 6-2-2 and 6-2-3, AND ARTICLE 6-3, DOGS, SECTIONS 6-3-1, 6-3-2, 6-3-4, 6-3-5; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS- Section I In General That Article 6-2, Impounding Generally, Section 6-2-1, Scope of Article, be amended to read as follows. The provisions of this Article shall apply to the impoundment of all animals, except that, where applicable, the provisions of Article 6-3 shall apply to the impoundment of dogs That Article 6-2, Impounding Generally, Section 6-2-2, Enforcement Agent, be amended to read as follows. The City Council may contract for enforcement of the provisions of this Chapter or the Director of the Department of Public Safety shall appoint an animal control officer who shall be responsible for enforcement of the provisions of this chapter. That Article 6-2, Impounding Generally, Section 6-2-3 Impounding of Animals at Large, be amended to read as follows It shall be the duty of the Enforcement Agent to impound all animals found at large, or not under the charge, care or control of some person in the street, alleys or other public /.% places, or on vacant or unenclosed lots in the City. The Enforcement Agent shall have the right to enter upon private property when it becomes necessary to do so in order to apprehend any animal that has been running at large. Such entrance upon private property shall be in reasonable pursuit of such animal(s) and shall not include entry into a domicile unless it be at the invitation of the occupant In this Article, unless the context otherwise requires. A. "Animal" means any animal of a species that is susceptible to rabies, except man B. "At large" means on or off premises of owner and not under control of owner or other persons acting for the owner. Any dog in a suitable enclosure or confined shall not be considered to be running at large. l C "Enforcement agent" means that person in the city who is responsible for the enforcement of this chapter and the regulations promulgated thereunder. D. "Pound" means any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent in the performance of his official duties. E. "Impound" means the act of taking or receiving into custody by the enforcement agent any dogs or other animal for the purpose of confinement in an authorized pound in accordance with the provisions of this article. F. "Owner" means any person keeping an animal other than livestock for more than six consecutive days. G. "Rabies quarantine area" means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area. H. "Vaccination" means the administration of an anti-rabies vaccine to animals by a veterinarian, or in authorized hor ed by employees pounds trained by a veterinarian. I. "Veterinarian", unless otherwise indicated, means any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency. J. "Veterinary hospital" means any establishment operated by a veterinarian licensed to practice in the State of Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it, pens, stalls, cages, or kennels for quarantine, observation or boarding. That Article 6-3, Dogs, Section 6-3-1, Definitions, be amended to read as follows. The definitions in Section 6-2-3 shall apply unless the context requires otherwise, and in addition. A. "Collar" means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. B. "Dog" means a member of the canis familiaris family. C. "Dog violation citation" means a document issued by the enforcement agent or his duly authorized representative to a person who has violated the regulations of this Article commanding that person to appear in the magistrate court on a day named or, if desired, to pay the fine by mail. That Article 6-3, Dogs, Section 6-3-2, Licenses and Tags Generally, be amended to read as follows. A A license fee of five dollars shall be paid for each dog four months of age or over that is kept, harbored, or maintained within the boundaries of the City for at least thirty (30) consecutive days of each calendar year License fees shall become due on January 1st of each year. License fees shall be paid within ninety -2- (90) days. A penalty not to exceed four dollars shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this ordinance. This penalty shall not be assessed against applicants who furnish adequate proof that the dog is to be licensed has been in their possession less than thirty (30) consecutive days. B. Durable dog tags shall be provided. Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city, the number of the license, and the date on which it expires. The tag shall be attached to a collar or harness which shall be worn by the dog at all times except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee to the enforcement agent. C The council may contract with the county or other agency to perform the licensing function and to enforce the provisions of this article. D. A guide dog belonging to a blind person who is a resident of the State or a bona fide nonprofit organization which is in the business of breeding, raising or training dogs that are to be used for guiding the blind shall, upon application by the owner or organization to the City and on presentation of proper proof, be vaccinated and licensed pursuant to this article without payment of a fee. E. It is unlawful for any person to counterfeit or attempt to counterfeit an official dog tag or remove such tag from any dog for the purpose of willful and malicious mischief or place a dog tag upon a dog unless the tag was issued to that dog F. Whenever the ownership of a dog has been changed, the new owner must secure a transfer of license to such owner. A fee shall be charged to transfer any license. G Dogs while being used for hunting or dogs while being exhibited at American Kennel Club approved shows or dogs while engaged in races approved by the Arizona Racing Commission and such dogs while being transported to and from such events need not wear a collar or harness with a valid license attached; provided, that they are properly vaccinated and licensed H. The enforcement agenct shall apprehend and impound any dog found without a current valid license tag. That Article 6-3, Dogs, Section 6-3-4, Running at Large, be amended to read as follows• A. No person owning, keeping, possessing, harboring, or maintaining any dog shall allow said dog to be at large. A dog is not deemed to be at large• -3- 1. While such dog is restrained by a leash, chain, rope, or cord of not more than six (6) feet in length and of sufficient strength to control action of said dog. 2. While such dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission. 3. While said dog is actively engaged in dog obedience training, accompanied by and under the control of his owner or trainer, provided that the person training said dog has in his possession a dog leash of not more than six feet in length and of sufficient strength to control said dog, and, further, that said dog is actually enrolled in or has graduated from a dog obedience training school which as been approved by the enforcement agent. B. The enforcement agent shall apprehend and impound any dog running at large contrary to the provisions of this Section. That Article 6-3, Dogs, Section 6-3-5, Impoundment, be amended to read as follows: A. Each unlicensed dog impounded shall be kept and maintained at the pound for a minimum of three (3) days. At the expiration of the impoundment period, anyone may claim the dog; provided that such person pays all established pound fees and complies with the licensing provisions of this article within seventy-two (72) hours. If no person claims the dog, the enforcement agent may dispose of the dog in a humane manner B. Impoundment cost shall be $10.00 assessed for each time a dog is impounded and $3.00 for each day the enforcement agent cares for and feeds the dog. Section II Repeal of Conflicting Ordinances All ordinances and parts of ordinances in conflict with the provision of this ordinance or any part of the Code adopted herein by reference are hereby repealed. Section III 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 Penalty Any person found guilty of violating any provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000 00 or imprisonment for a period of six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. -4- egS Section V Emergency It is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, an emergency is declared to exist, and this Ordinance shall become immediately operative and in force from and after the date of posting hereof. ( PASSED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL this day of , 1980. Mayor ATTEST. City Clerk APPROVED AS TO FORM- City Attorney ook ROLL CALL VOTE SHEET NOTES C ITEM # 94° MEETING OF MOTION BY: 1% SECONDED BY: _cCr' YFS NO ABSTAIN C COUNCILMAN SHANKS__ COUNCILMAN EIDSON COUNCILMAN BUESS `�� COUNCILMAN HILL ✓ COUNCILMAN DAM.IANO I/ VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES • ITEM # I 54" MEETING OF MOTION BY: SECONDED BY . P 4' YFS NO . ABSTA 1 N COUNCILMAN DAMIANO COUNCILMAN DURESS ✓ _ COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: • ITEM NO. 7 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO, 68, 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 ordinance in full .) Step 2 CALL UPON THE CITY CLERK Tn READ ORDINANCE Nn, 68, BY TITLE nNLY ►WITH THE EMERGENCY CLAUSE. BF IT RESOLVED BY Step 3 THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO, 68, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 6, ANIMALS, ARTICLE 6-2, IMPOUNDING GENERALLY, SECTIONS 6-2-1, 6-2-2, AND 6-2-3; AND ARTICLE 6-3 DnGS, SECTIONS 6-3-1, 6-3-2, 6-3-4, 6-3-5; PROVIDING FOR REPEAL OF CENFLICTING PROVISInNS; PROVIDING FOR SEVERABILITY; PROVIDING FoR PENALTIES; AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED, FOR APPROVAL ITEM NO, 7 BE IT RESPLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING nF ORDINANCE Nn, 68 BE READ BY TITLE ONLY, wITHfUT THE EMERGENCY CLAUSE, (MOTION WITHfUT EMERGENCY CLAUSE) (THIS wILL BE THE FIRST READING) ITEM NO, 7 BF IT RESOLVED BY THE MAYOR AND CITY CIUNCIL OF THE CITY nF APACHE JUNCTION, THAT ORDINANCE NO, 68, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 6, ANIMALS, ARTICLE 6-2, IMPOUNDING GENERALLY, SECTIONS 6-2-1, 6-2-2, AND 6-2-3; AND ARTICLE 6-3; DOGS, SECTIONS 6-3-1, 6-3-2, 6-3-4, 6-3-5; PROVIDING FOR REPEAL OF CONFLICTING PPOVISIONS; PROVIDING POP SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN E!"ERGENCY BE DENIED, FOR DENIAL PpACHF✓ �. �. h ,,, G2 O�/� t i$P yy''s�.�y,�f tzt (fei 4RiZOVi (Oily U7 &Apache 2unctian September 11 , 1980 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU. CITY MANAGER FROM: CITY ATTORNEY SUBJECT: ORDINANCE NO. 69, AMENDING CHAPTER 5, MAGISTRATE COURT ARS 22-426 provides that a City may, by ordinance, provide for the formation and summoning of juries in the same manner as provided for by law in Courts of Record. The purpose of proposed Ordinance No. 69 is to put the City in compliance with ARS 22-426 and to provide that potential jurors will .� be selected from voter registration lists furnished by the County Recorder's office. ~ITEM 01gr.4 ; d t - NEW BUSINESS INFO/REPORTS APPROVED ON q--11 - Y() FOR AGENDA OF ci I r - ) CT7Y 1,I1,NAGER 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ( ORDINANCE NO. 69 Otik AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 5, MAGISTRATE COURT BY ADDING ARTICLE 5-4 FORMATION AND SUMMONING OF JURIES, , URORS PAY;7b-VioTTG"P'OR scvERASILITY, P1V1bING FOR PENALTIES; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS , That Chapter 5 of the Apache Junction City Code be amended by adding Article 5-4, Formation and Summoning of Juries; Jurors Pay, to read as follows• SECTION I In General Article 5-4 Formation and Summoning of Juries, Jurors Pay A The formation and summoning of juries in City Court shall be done in same manner as provided for by law in courts of record. B Selection of potential jurors shall be made from the list of registered voters furnished by the County Recorder pursuant to ARS Section 22-426(B) . C Each juror shall be paid by the City for each da\s' attendance upon City Court $12.00. SECTION II Severability Clause If any section, sub-section, sentence, phrase, clause or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION III Penalty Clause Any person found guilty of violating any provisions of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment Each day that a violation continues shall be a separate offense punishable as hereinabove described SECTION IV Emergency Clause Whereas, it is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, an emergency is declared to exist, and this Ordinance shall become operative and in force from and after September 1, 1980. PASSED AND ADOPTED by the City Council this day of , 19 egN VIRGINIA SEEMAN Mayor ATTEST• RICH OESTERLE City Clerk APPROVED AS TO FORM. City Attorney /\ ROLL CALL VOTE SHEET NOTES nI kt<\ ITEM # MEETING OF MOTION BY:_ 'S& SECONDED BY : ( YFS ND ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO ✓ COUNCILMAN EIDSON ✓ COUNCILMAN HILL COUNCILMAN SHANKS VICE—MAYOR GRANILLO MAYOR SEEMAN (1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES ITEM # t 91 MEETING OF MOTION BY: -1 2 SECONDED BY: j-(f- YES NO ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURCESS COUNCILMAN EIDSON VICE-MAYOR GRANILLO ✓ MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM Nn, 8 BE IT RESOLVED BY THE Step 1 MAYOR AND CITY CnUNCJL (IF THE CITY nF APACHE JUNCTInN, ARTZfNA, THAT THE READING nF nRDINANCE Nn, 69, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING nF THE ENTIRE nRDINANCE BE WAIVED, (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full . ) Step 2 CALL UPON THE CITY CLERK Tn READ nRDINANCE No, 69, BY TITLE ONLY WITH THE EMERGENCY CLAUSE, BE IT RESnLVFD BY THE Step 3 MAYOR AND CITY COUNCIL nF THE CITY nF APACHE JUNCTInN, ARTZPNA, THAT nRDINANCE No, 69, AN nRDINANCE nF THE CITY nF APACHE JUNCTInN, ARIZnNA AMENDING CHAPTER 5, MAGISTRATE COURT BY ADDING ARTICLE 5-4 FPRMATIfN AND sUMMfNING IT .JURIES; JURORS PAY; PROVIDING FnR SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED, nR RNA ITEM No, 3 BF TT REsoL'IED BY THE MAYOR AND CITY CPUNCIL flF THE CITY nF APACHE JUNCTInN, ARIZnNA THAT THE READING nF ORDINANCE No, 69 BE READ BY TTTLF ONLY, wITHfUT THE EMERGENCY CLAUSE, (MOTION WITHfUT EMERGENCY CLAUSE) (THIS WILL BE THE FTRCT READING) p ITEM NO. 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PRIZfNA THAT ORDINANCE Nn, 69, AN ORDINANCE OF THE CITY nF APACHE JUNCTION ARIZONA AMENDING CHAPTER 5, MAGISTRATE COURT BY ADDING ARTICLE 5-4 Ff RMATION AND SUMMONING OF JURIFS; JUpnRS PAY; PROVIDING FOP SEVERABILITY; PROVIDING FnP PENALTIES; AND DECLARING AN EMERGENCY, BE, AND HEREBY IS, DENIED, FOR DENIAL (---„ssp,cHE G '°� a/R/ZONP (Oily 4 074pache 09unction �•r. September 2, 1980 MEMORANDUM TO: The Honorable Mayor and Members of the City Council THRU: Ray Lee, City Manager FROM: Richard W. Broman, Director of Public Works SUBJECT: Change of Speed Limit Signs on Tomahawk Road This Department received a call from the Pinal County Sheriff's Office, Mr. Pete Szudy, who related that speed limit signs of 25 mph in the area of the KOA Campground and 45 mph just north of Southern Avenue are creating enforcement problems and the greater speed is in part responsible for unsecured loads being spilled on the roadway enroute to the county dump. The Sheriff's office recommends the speed limit be consistent. This office has investigated the existing speed limits (see attached) and recommends a 35 mph speed limit be posted. Concurrence has been obtained from the Apache Junction Police Department. RWB/an ITEM No. _ q _____ PUBLIC HEARING ._ OLD BUSINESS ._. ___✓ NEW BUSINESS ............._.._.__ INFO/REPORTS APPROVED ON q- t0-g-d �NDA OF Q:.11:.$O FOR A.G_ .....„g CITY MANAGER 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 o gROZONP `Oity oe. 94puche 09unction /Mbk. September 2, 1980 MEMORANDUM TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD W. BROMAN, DIRECTOR OF PUBLIC WORKS THRU: RAY LEE, CITY MANAGER SUBJECT: SPEED LIMIT CHANGE In accordance with Ordinance 12, it is respectfully requested that the Council direct staff, in the form of a motion, to effect a change in the speed limit from U. S. 60 South along Tomahawk Road to Southern Avenue. At the present time Tomahawk Road has two different speed limits, this change would make the limit consistent. In the event this is acceptable to all Council- members, a suggested motion is provided. SUGGESTED MOTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT DIRECTION BE AND IT IS HEREBY GIVEN TO THE PUBLIC WORKS DIRECTOR, THROUGH THE CITY MANAGER, TO EFFECT A CHANGE IN THE SPEED LIMIT FROM U.S. 60 SOUTH ALONG TOMAHAWK ROAD TO SOUTHERN AVENUE FROM 45 MPH IN ONE LOCATION AND 25 MPH IN ANOTHER LOCATION ON SAID ROAD, TO 35 MPH ALONG ENTIRE LENGTH OF SAID SECTION OF TOMAHAWK ROAD. G. Ray Lee City Manager RWB/an 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 , ^ r ,14 u. 1 \'` iw J i O'ily q-: :..--77-'.47)a,.^.he c-p-.)- unclion n e e S pt mber 2, 1980 MEMORANDUM TO- Bill McDaniel, Chief of Public Safety cl)i)7FROM. Rich Brosnan, Director of Public Works �/ SUBJECT: Speed Limit, To �.ahav to Southern Ave Mr. Pete Szudy, Pinal County Sheriff's Departmept, has been in contact with this office re- the 25 mph sign by the Koa Ca-2- ground and the 45 mph sign just north of Southern Avenue Mr. Szudy feels this is causing problems for enforct.ment and also litter problems enroute to the dump. We agree :pith the Sheriff's office recommendation that 35 mph be posted for this area to keen the ' speed limit consistent, and have prepared a letter to the Council Please advise what your feelings in this matter would be Do you concur with the 35 mph speed limit proposal/ RWB/an Sar."---)--s-27‘ ? P-0-4, ,,,4 Di 4,1,; 3 150 NC-Qi-1 OCOMILO • ?CT CrL)C'e .,..Y K. .; . 'L ,C1 C,.,,e:r!Z!7`4A ?5220 *::. 2 C'at . .u2) =1 -5'54 emN lei RESOLUTION NO 80-30 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE SPEED LIMIT ON TOMAHAWK ROAD, FROM U S 60 TO SOUTHERN AVENUE, WITHIN THE CITY LIMITS OF APACHE JUNCTION, ARIZONA WHEREAS, it is in the public interest to insure safe, effective and efficient traffic flow along public rights- of-ways within the City limits of Apache Junction, Arizona NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction that the speed limit shall be 35 MPH from U.S. 60 south along Tomahawk Road to Southern Avenue. BE IT FURTHER RESOLVED that the Director of Public Works is empowered and directed to initiate appropriate action to change the speed limit signs on the street listed above PASSED this day of 1980, by the Mayor and City Council of the City of Apache Junction, Arizona. Mayor ATTEST City Clerk APPROVED AS TO FORM. �.y l � \ �lVFO — City Attorney ROLL CALL VOTE SHEET NOTES A. ITEM # MEETING OF MOTION BY: I SECONDED BY: 11-05 YFS NO ABSTAIN COUNCILMAN EIDSON_ v COUNCILMAN SHANKS COUNCILMAN HILL COUNCILMAN BURGESS ✓ A . COUNCILMAN DAMIANO VICE-MAYOR GRANILLO ✓ MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 9 CALL UPON THE CITY CLERK TO READ THE TITLE nF RESOLUTION N!n, 80-30, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO, 80-30, A RESOLUTION flF THE MAYOR AND CITY COUNCIL flF THE CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE SPEED LIMIT nM TOMAHAWK ROAD, FROM U. S. 60 To SOUTHERN AVENUE, WITHIN THE CITY LIMITS OF APACHE JUNCTION, ARIZONA, BE AND HEREBY IS, ADOPTED, APPROVAL A. A BE IT PESnLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY flF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO, 80-30, A RESOLUTION OF THE MAYnR AND CITY COUNCIL OF THE CITY OF APACHE .JUNCTION, ARIZONP, CHANGING THE SPEED LIMIT PN TOMAHAWK ROAD, FRPM U. S. 60 TO SOUTHERN AVENUE, WITHIN THE CITY LIMITS OF APACHE JUNCTION, ARIZONA, BE AND HEPEBY IS, DENIED, FOR DENIAL A. ITEM NO, 10 THIS ITEM (BUCKHfRN-MESA FLnnD CONTRfL PRnJECT) HAS BEEN DELETED FRnM THE SEPTEMBER 17TH AGENDA AT THE REnUEST of THE rARICnPA COUNTY FLnnD CPNTROL DEPARTMENT AND THE DEPAR.TTENT nF PUBLIC WnRKS, IT WILL BE PART nF THE fCTnBER 1sT AGENDA , i4( ,, , ,,, , „4, ii\CHe .41.4' gR/ZOVI . COity 4c4puche a unction /0014. September 10, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL .4 _. ;,/ THROUGH• RAY LEE, CITY MANAGER, --"� FROM: JOE GERO, DIRECTOR OF PLANNING JLO- SUBJECT: AGENDA PLACEMENT ITEM FCRC BID OPENING The City has advertised for bids to be submitted for professional services as outlined in the recently approved Four Corners Regional Commission Grant. The deadline for submission of bid proposals is 10:00 a.m. Thursday, September 11, 1980. The staff intends to have a report and recommendation for you to consider prior to your Sept, 17, 1980, meeting. Your recommendation for awarding the contract is subject to FCRC approval which will necessitate a further delay, For this reason7 we are requesting to have City Council consideration at the next meeting. oak ITEM No. II ._ _ PIJCLIC HEARING _.._ OLD BUSINESS '< NEW DUSINESS INFO/REPORTS APPROVED ON Q-1°-2° FOR AGcNDA OF _q-il_:_go k CITY MANAGER 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 �Qp,C�4F JGZ A.. .... 1R/ZONP COO o @479ache 2unction September 12, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGEB�-�K FROM: JOE GERO, DIRECTOR OF PLANNING REVIEW: RICHARD BROMAN, DIRECTOR OF PUBLIC WORKS 0 SUBJECT: FCRC BID RECOMMENDATIONS BACKGROUND The City advertised a professional services bid to perform the following: 1. Prepare a sewer needs determination, 2. Analyze the water systems. 3. Prepare a transportation plan. The money for these services has been obtained from a Four Corners Regional Commission Grant. The amount budgeted in the grant for the above is $47,000.00 of a $55,000.00 total program. The City would utilize the $8,000.00 to complete the program as outlined in the grant. The deadline for submitting the bid was 10:00 A.M. , September 11, 1980. Attached you will find the "Minutes" of the bid opening which followed. Both the professional consulting engineers association and the City staff expressed the desire that the bid be awarded on two points being: 1) ability to perform the requested services, and 2) the amount of bid. Each bidder was requested to submit several pieces if information including a qualifications sheet and a bid price. As you will note, there were nine proposals. One failed to submit a complete packet. Mr. Broman and I thereafter reviewed each complete packet to analyze: 1) the capability of the firm to perform the services; 2) the credentials of the principles of the firm; and3) the experience of the firm. Although we are sure that the firms in the competition are all excellent, we found that several , in our opinion, did not meet our particular needs based on information in their packet. 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 Page 2 FCRC Bid Recommendations ANALYSIS One firm submitted proposals to perform two of the three required services It was permitted to bid on only portions. However, placement of the lowest bid for the missing alternative from another bidder would make this package the highest bid proposal . One proposal was discounted in that the capacity of the firm at this time does not appear to have staff sufficient for this project. The firm has an excellent record but their experience indicates the particular concerns addressed in our scope of work to be other than that which is the experience of the current firm. They were neither the first or the second lowest bidder. Of the remaining four lowest bidders, our assessment Is- l. WESTERN STATES CONSULTING GROUP Experience: "Mostly related to the field of landscape architecture However, the scope of services offered was greatly expanded in 1971 by the addition of key personnel in architecture, urban planning and civil engineering. " From the resume they have. - 1 planner 1 civil engineer 1 architect 1 draftsman 1 landscape architect 1 mechanical engineer 1 administrator 7 personnel The firm has strong emphasis when landscape architecture is a consideration. Their engineer appears to have extremely good credentials with turbo-jet engines, communication equipment and digital computers, with some experience in land use. There is a design capacity in the form for water and sewer projects. However, these areas of expertise and experience do not emphasize the tyoes of work that the City scope of works requests services in. The lack of back-up personnel may be a limiting factor PCR TOUPS, WILLDAN ASSOCIATES, AND SVERDRUP & PARCEL These firms presented qualifications showing the firms' experience in the requested areas of service. Further, each has personnel who's credentials Page 3 FCRC Bid Recommendations qualify them to perform the services. Each form has a interdisciplinary back-up capacity. The City Council is being asked to select a consultant from these four proposals- 1. Western States Consulting Group $39,950.00 2. PRC Toups $42,000.00 3. Willdan Associates $44,112.00 4. Sverdrup and Parcel $44,500.00 RECOMMENDATION The City Council should select a firm from #2, #3, or #4 above. Packets of qualifications for each of the four above firms will be placed in the Mayor-Council office until meeting time on Wednesday, September 17th. FOR YOUR INFORMATION The reports produced will be the first step in developing a General Plan for the City. JWG/kmc PQA HE✓ AM Ilk z � G2 _ III $ _a gR,ZOOix ily o c4pache cOunctian BID OPENING PROJECT NO. PL-80-1 ....... APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS SEPTEMBER 11, 1980 10 A.M. CITY COUNCIL CHAMBERS Present: Marlis J. Davis, Deputy City Clerk, Joe Gero, Director of Planning; Richard Broman, Director of Public Works; David L. Bost, International Engineering Co. , Inc. ; Woody Scoutten, PRC Toups; Richard P. Olbert, Sverdrup & Parcel and Associates, Inc. ; Dennis Hustead, Boyle Engineering Corporation; Peggy Ketel , Boyle Engineering Corporation; Ronald A. Landon, Western States Consulting Group, Inc. ; Ann Morgan, Standage & Truitt Engineering, Ltd. ; Stephen J. Tencza, Dooley-Jones & Associates, Inc. ; David A. Bixler, Cella, Barr, Evans and Associates; and Mark Stapp, Willdan Associates. The meeting opened at 10 a.m. in the City Council Chambers. Marlis J. Davis closed the acceptance of bids; she explained that Willdan Associates had been given permission to turn their bid in a little late as they had called to explain. However, no other bids would be accepted late. The bids were opened as follows: 1. Sverdrup & Parcel and Associates, Inc. , 1650 West Alameda Drive, Tempe, Arizona 85282. Alternative 4: $44,500 Ai 2. Dooley-Jones & Associates, Inc. , P. O. Box 1830, Tucson, AZ 85702. No budget enclosed. 3. Western States Consulting Group, Inc. , P. O.Box 11112, Phoenix, AZ 85061. Alternative 1: $10,800 Alternative 2: 22,500 Alternative 3: 9,000 Alternative 4: 39,950 4. International Engineering Co. , Inc. , Southwest District Office, 2966 West Clarendon Avenue, Phoenix, AZ 85017. Alternative 4: $45,000 5. Cella, Barr, Evans and Associates, 6122 North Seventh Street, Phoenix, 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 BID OPENING PROJECT NO. PL-80-1 Page 2 AZ 85014. Alternative 4: $44,964 6. PRC Toups, 4131 North 24th Street, Phoenix, AZ 85016. Alternative 1: $14,800 Alternative 2: 21,500 Alternative 3: 17,500 Alternative 4: 42,000 7. Boyle Engineering Corporation, Suite 107, 3625 North 16th Street, Phoenix, AZ 85016. Alternative 1: $12,772 Alternative 2: 27,093 8. Standage & Truitt Engineering, Ltd. , 2260 East University Drive, Mesa, AZ 85203. Alternative 1: $10,967.78 Alternative 2 24,107.45 Alternative 3 12,496.13 Alternative 4 42,865.68 9. Willdan Associates, 1550 East Meadowbrook Avenue, Phoenix, AZ 85014. Alternative 1: $14,491.31 Alternative 2: 20,586.45 Alternative 3: 9,034.99 There being no further bids, the meeting was closed. ich Oesterl e /�,., City Clerk /" � � mrc ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: J SECONDED BY: 7D YFS tln ABSTAIN C COUNCILMAN SEANKS__ COUNCILMAN EIDSON COUNCILMAN BURGESS COUNCILMAN HILL COUNCILMAN DAMIANO " VICE-MAYOR GRANILLO /17 MAYOR SE AN EM _ UNA7g L IN FAVOR OPPOSED ABSTAINED TOTAL: - ITEM NO, 11 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZnNA, THAT rRC 7ou p_) IN THE AMOUNT OF -A0,, DOD BE AND HEREBY IS AWARDED THE BID FOR PL-80-1, APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS, AS SET FORTH IN THE BID SPECIFICATIONS; SAID PARD SUBJECT TO THE APPROVAL OF THE FOUR CORNERS REGIONAL COMMISSION, ,BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE, AND HEREBY IS, AUTHORIZED TO ENTER INTO A CONTRACT FOR THE SERVICES AS AUTHORIZED, FOR APPROVAL /W Amok ITEM NO, 11 BE IT RESfL\IED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AWARD OF BID FOR PL-80-1, APACHE JUNCTToN GENERAL PLAN SELECTED ELEMENTS, BE AND HEREBY IS, DENIED, FOR DENIAL . (jii\CHF,G^U rr `;, ;; '�►�n z '419/ZONP amity o C= pache 09unctian SEPTEMBER 11, 1980 MEMORANDUM TO: RICHARD BROMAN, DIRECTOR OF PUBLIC WORKS LEO FRAZIER, ZONING ADMINISTRATOR CHUCK NEWCOMER, ASSOCIATE PLANNER FROM: JOE'GERO, DIRECTOR OF PLANNING.J .-t'`�J SUBJECT: STREET NAMES IN PALM SPRINGS AREA On this date I had a phone call from Mr. Clarence Zehnle, a resident of Pepper Tree Avenue. He voiced a concern that the street name addresses in the Palm Springs area are not being retained as agreed several years ago. Specifically, he believes certain east-west streets should retain word names as opposed to numerical names. He mentioned an exception being 21st because Ocotillo is also the street the Fire station is located on. As you know, the Department of Planning has been researching to deter- mine any official action that may have taken place with regard to street names. To date the Department has contacted Pinal County. The results appear to be that the County adopted some position with regard to street names but there does not appear to be a map recorded. The Department is further pursuing this matter. On this date it was learned from Mr. Zehnle that apparently the County held a meeting with the Palm Springs homeowners prior to some official position being taken. I have asked Mr. Newcomer to attempt to obtain any "Minutes" that may be available. From previous conversation with Mr. Lane Pew, Salt River Project, Apache Junction office, I am under the impression that the County at the time it had jurisdiction adopted the Address and Street Assignment Policy Manual (ASAP) . Further, I have been under the impression that the street names (east-west) were all consistant across as per the ASAP document. 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 MEMORANDUM PAGE 2 Several months ago when this Department was requested to name certain unnamed streets. the process was researched and it was determined that the City Council is the only authority to name or change the names of streets. After consultation it was determined that no official map had been adopted by the City. The staff set forth 1. Determine what Pinal County had officially done with regard to establishing street names. 2. Determine the status of the map entitled "Official Street Map of the City of Apache Junctions Arizona." With regard to #2, it was learned that the map was prepared by the cartographic section, Salt River Project, but that they had copyrighted the map and sold the use rights to Rand-McNally. The City promptly requested a release and the ability to use the maps in that to date this new City has not been able to develop its own. The Department of Public Works has recently obtained services to research which streets are in fact in the public ownership and this project is on- going. The purpose of this memo is twofold. First it presents a status report of a current project. Secondly, I have had several telephone calls in which I have been informed by Mrs. Baljo and Mr. Zehnle, they believe the staff, in particular Mr. Broman and I establish street names. This is of course eroneous. I am further informed that Council members Damian() and Granillo have been contacted with regard to this matter as have certain other Palm Springs residents of which Mr. Gardom and Della McKella were named. To avoid rumor, I believe they should be copied by this report. May I recommend that this quadrant not have street name signs ordered until. 1. The official past public record is obtained. 2. The City Council takes action to determine what official street names will be used in the area in question. As soon as the information is available, the staff intends to fully advise the City Council so that they may take whatever action they deem appropriate. cc. Ray Lee, City Manager With request to Mayor and City Council Sam Gardom Mr. Mrs. Clarence Zehnle Della McKella ROLL CALL VOTE SHEET NOTES ITEM # � MEETING OF MOTION BY: 'U� SECONDED BY : YES NO _ ABSTAIN COUNCILMAN DAMIANO COUNCILMAN IURnESS /J COUNCILMAN EIDSON ''/ COUNCILMAN HILL / / COUNCILMAN SHANKS VICE-MAYOR GRANILLO / MAYOR SEEMAN / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: J Ink -... • •. ..✓....... � .�•a...`^aN :...:._ _..s.:..+iAK'.iC;Rf'.pi.w'....>.++� s.i....vi.w�+'n.:.' - Amok ITEM NO, 12 BE IT RESnLVED BY THE MAYOR AND CITY CnUNCIL OF THE CITY OF APACHE fJUNCTInN, ARIZONA, THAT THE PREPARATION AND SUBMISSION OF RECOMMENDATIONS FOR STREET NAMES AND FUTURE STREET NAMING PROCEDURES BE AND HEREBY IS REFERRED TO THE PLANNING AND ZONING COMMISSION FOR THEIR ACTION . FOR APPROVAL (!)( Per c...,, ✓oti U ,)iis0., e Z gR1ZONP `6ity o C94pache cOunction __. ! .r. September 8, 1980 MEMORANDUM TO: The Honorable Mayor and City Council THRU: City Manager _ FROM: Director of Public Works SUBJECT: Federal Patent Lands Although prior to incorporation Pinal County Board of Supervisors did accept, by resolution, all of the federally patented easements and reservations within their jurisdiction, there has been a need to ask the City attorney for opinions in reference to Federal Patent Lands. Recently, a response from the City attorney included a recommendation that an official act of the City, accepting federally patented reservations, be taken. This department concurs with the City attorney's office and recommends adoption of the attached resolution. RWB/an attach. Q _J� APPROVED ON ------- - -• 7OR AGENDA OF, Q`i I = Q r " .,........ CITY MANAGER ITEM No. . --- pu^,ttC taEAc iNG OL) 7.,U5;i4ESS t- N/ BUSINESS --.•-......-------- INFO/REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION ARIZONA 85220 • TELEPHONE (602)982-6154 AdakInk RESOLUTION NO.�J33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA RELATING TO FEDERAL PATENT LANDS WITHIN THE CITY OF APACHE JUNCTION; REPEALING CONFLICTING RESOLUTION; AND DECLARING AN EMERGENCY. WHEREAS , from time to time certain lands in Pinal .N► County which were formerly federal lands have been patented to private citizens ; and WHEREAS , with federal patents were issued to the citizens subject to certain easements and rights-of-way for roads and public utilities; and WHEREAS , said easements and rights-of-way were for the benefit of the public and for public use and are exerciseable by local governmental agencies ; and WHEREAS, many of these patented lands lie in incorporated areas of the City of Apache Junction; and WHEREAS, the City of Apache Junction has jurisdiction over public roads within an incorporated area within the City of Apache Junction, such jurisdiction being properly exercised by the City Council of Apache Junction; and WHEREAS, by Resolution No . 103078, the Pinal County Board of Supervisors did, on October 30, 1978 accept the dedication of all easements and rights-of-ways dedicated to the public use which were found on private land in Pinal County, the title of which derives from federal patents; and WHEREAS, the City of Apache Junction incorporated on November 24 , 1978 and became the legal governing body of the lands which were formerly federal lands and to which the federal patents were issued; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Apache Junction does confirm the acceptance of the dedication of all easements and rights-of-ways dedicated to the public use and on private lands in incorporated areas of the City of Apache Junction, the title of which derives from federal patents. FURTHER RESOLVED that any Resolution or part thereof in conflict with this resolution be and it is hereby repealed to the extent of said conflict; and FURTHER RESOLVED that the immediate operation of this Resolution is necessary for the preservation of the public peace , health and safety of the City of Apache Junction and an emergency is declared to exist, and this Resolution shall be in full force and effect from and after its passage, adoption or approval by the City Council of Apache Junction. PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction this day of 1980 . Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ek ROLL CALL. VOTE SHEET NOTES ITEM # MEETING OF kc) MOTION BY: SECONDED BY : YFS NO ABSTAIN COUNCILMAN BURGESS u _ COUNCILMAN DAMIANO V' COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS / VICE MAYOR GRANILLO MAYOR SEEMAN I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: /r ITEM NO, 13 CALL UPON THE CITY CLERK TO READ THE TITLE OF PESnLUTIfN Nn, 80-33 , BE IT P.ESfLVED BY THE MAYOR AND CITY COUNCIL nF THE CITY OF APACHE JUNCTTnN, ARIZnNA, THAT RESOLUTION Nn, 80-33, A RESOLUTInN OF THE CITY COUNCIL nF THE CITY OF APACHE JUNCTION, ARIZONA. RELATING To FEDERAL PATENT LANDS WITHIN THE CITY OF APACHE JUNCTION; REPEALING CENFLICTING RFSOLUTInNS; AND -- DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED, FOR A PPR (wITH EMERGENCY CLAUSE) C ITEM NO, 13 BE IT RESOLVED BY THE MAYOR 4ND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO, 80-33, A RESOLUTION flF THE CITY COUNCIL flF THE CITY OF APACHE JUNCTION, ARIZONA RELATING TO FEDERAL PATENT LANDS WITHIN THE CITY OF APACHE JUNCTION; REPEALING CONFLICTING RESOLUTIONS, BE AND HEREBY IS ADOPTED, FOR APPROVAL (WITHOUT EMERGENCY CLAUSE) �► rr ITEM NO, 13 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 80-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA RELATING TO FEDERAL PATENT LANDS WITHIN THE CITY OF APACHE JUNCTION; REPEALING CONFLICTING RESnLUTTflN , BE AND HEREBY IS, DENIED, FOR DENIAL ROLL CALL VOTE SHEET NOTES ITEM # l MEETING OF MOTION BY: /0 SECONDED BY: YFS NO ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS ' COUNCILMAN BURGESS t, COUNCILMAN EIDSON :// VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOfUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 14 BE IT PESOLVED By THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZ1NA, THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADIVICE BE HELD ON OCTOBER 1, 1980, AT 6: 00 P, M, IN THE CITY MANAGFR'S CONFERENCE ROOM, ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY : YFS NO ABSTAIN COUNCILMAN EIDSON _ COUNCILMAN SHANKS COUNCILMAN HILL ✓ COUNCILMAN BURGESS ✓ COUNCILMAN DAMIANO J VICE-MAYOR GRANILLO / MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 15 BE IT RESnL\IFD BY THE MAYOR AND CITY CnUNCIL OF THE CITY OF APACHEJUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 6`, s"0 P. M, PQACHE �Gti Aek Amok z • gR/ZONp, (Oily o� C4pache 09unction September 10, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH- RAY LEE, CITY MANAGE FROM- JOE GERO, DIRECTOR OF PLANNING SUBJECT: ACTIVITY REPORT - PLANNING AND ZONING COMMISSION At its regular meeting of September 9, 1980, the Planning and Zoning Commission held a continuation of a public hearing from August 12, 1980, regarding the application for rezoning from Mr. Garth Aslett (by Vincent Matousek) to rezone his property from Single Family Residence (CR-1) to General Business (CB-2) . The Commission voted to recommend denial of the request since they did not view the change as good planning procedure and that it would also constitute spot zoning. The Commission also reviewed requests from Pinal County to make recommen- dations and/or comment on cases outside the City limits. These cases included a rezoning request from GR to TH by Mr. Keith Stachar and two subdivision reviews for Mesa Del Oro Estates Unit III and El Dorado Estates. The Commission also made a recommendation to the State Land Department to approve an agricultural lease for the cultivation of jojoba beans on a one-square mile parcel of land located near the base of the Superstitions. The Commission also appointed two committees- one to consider rules and procedures for the Commission (Ron Kell , Chairman) ; and one to research changes in the Zoning Ordinance as applied to modular homes (Henry Steelsmith, Chairman) . APPR'NVED ON Q- 10 IQ JWG/kmc f� FOR AC .NDA OF _-!-.'l_B CITY MANAGER ITEM No. FU='_IC HEARING 01.0 ;USINESS - t��`i BUSINESS --- INFO/REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 PQACHF✓o .. .. (6r.1,,,,,,,, ,, 8.- ., , .,, --0-g •;:,-.._.4..„1 = gpizow- `pity o &4pache unction September 8, 1980 MEMORANDUM TO: The Honorable Mayor and City Council i-. THRU: City Manager. RA) FROM: Director of Public Works SUBJECT: Building Department Activity Report For your information, attached hereto, is a copy of the building department's activity report for the month of August, 1980. This report reflects nearly a two (2) million dollar increase in construction valuation over previous months. A large portion of this increase is due Aask to the proposed K-Mart planned for Meridian Rd. and U.S. 60. K-Mart has received a building permit, but has not yet furn- ished this department with a construction schedule. RWB/an attach.APPROVED ON - nn-1 U - FOR AGENDA OFvl_1- _ CITY MANAGER ITEM No. - --.------- F'.•-I 'C REARING u -;MESS N:w 13vS1N SS _--.1 INFO/REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 BUILDING DEPARTMENT ACTIVITY CLASSIFICATION MONTH OF AUGUST YEAR TO DATE Number of Building Permits Issued 48 451 ' Total of Permit Fees Assessed $ 4,911.00 $ 20,344,25 Total of Plan Reviews Assessed 2,791.07 10,015.69 Total Pre-inspection Fees Assessed 105.00 Total Incoming 7,702.07 30,454.94 Cost of Proposed Work 2,872,157.79 10,090,564.09 Number of Inspections made in connection with building permits 163 977 9/5/80 ow (1§7,,,CHE 0 ✓Gti gRiZONP `6ity o c4pache cOunctzon September 9, 1980 MEMORANDUM TO: Honorable Mayor and City Council THRU: City Manager �--> FROM: Director of Public Works c(j\i\'C7 SUBJECT: Progress Reports - Operations Division Attached are progress reports relating to the Operations Div- ision of the Public Works Department. These reports cover work accomplished from the week ending August 15th through the week ending September 5, 1980. RWB/an attach. APPROVED ON q !0:$d 4 FOR AGENDA V OF ,} _\ �U CITY MANAGER ititi ' tI ITEM No. _ I'U7LIC HEARING ----- C''-') CUSft4ESS --- - NEW BUSINESS ............_-_-_....._ INFO/REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 / Oink WORK SHEET WEEK ENDING Aug. 15, 1980 Monday Continued landscaping around City Buildings. Got screen and paint for slats and vents. Watered down drive. Fixed door on tool shed. Assisted in building tool box for front of trailer and kick boards. Hauled trash to dump. Cut air vent in garage. Tuesday Continued landscaping around City buildings. Ran errands. Built stand for map file in P.W. Building. Checked out lights in P.W. Building. Wednesday Checked roads after rain. Scraped sand from intersections and washes. Put in new switch in light in P.W. office. Put in new molly screws for hand cleaner in P.S. building. Drilled holes and installed "Employees" sign on back door of P.S. Building. Ran errands. Thursday Continued landscaping around City buildings. Started digging holes for planting trees. Cleaned bathrooms in City buildings. Removed water from bathrooms that leaked. Filled generator with diesel fuel for P.S. Repaired windows that leaked in offices. Repaired outside speakers on Court room building. Repaired lights on corner barricades Paint new stripes on barricade boards. InkFriday Continued landscaping around City buildings. Cleaned bathrooms in City buildings. Cleaned yard and positioned equipment, checked out for service serviced what was needed. Repaired and repainted road signs. Submitted by j ` D.P.W. PL152---) WORK SHEET WEEK ENDING AUGUST 22, 1980 MONDAY Swept intersection on Superstition Cut brush on Delaware, Ironwood, and Valley Rd. (Via complaint) . ,1114k Clean up the City Complex and rest rooms Wire in the trailer to the truck Install new shelf in storage shed Make new hanger for the landscaping equipment Make storage rack for street signs Clean up shop TUESDAY Planted trees in City Complex Graded Ironwood from Southern, South , one mile Cut brush on W. Virginia, W. Roosevelt, corner of Ironwood and Supt. Demonstrated line striper Clean up City Complex and vacuum floor Assemble the line painting machine and grease Wash City equipment Clean shop and yard WEDNESDAY Clean up City Complex Repair broken soap rack Assemble typewriter tables and repair other Repair water truck grill Install four street signs at Goldfield and Broadway Rd. Amok Repair signs and install vise on bench Graded 16th Ave. between San Marcos and Ironwood, between Delaware and Cedar Cut ditch and filled in washout on Cortez Cut brush on Idaho, Winchester and Hwy. 60 Continued planting trees in City Complex Cold patched on Ironwood THURSDAY Checked R/W for three new roads Planted trees in City Complex Cut brush on N Palo Verde, Hwy. 60, in front of Valley Rd. Patched and cleaned sand off S Ironwood Dressed shoulders on E. Scenic Graded dirt streets in Superstition Estates Clean up City Complex Repair chairs in Police Building Swept sidewalks at City Complex Went to Tuscon for parts Cleaned office after putting in air vent Made up a post All Ibk TIME SHEET WEEK ENDING AUGUST 22, 1980 PAGE 2 FRIDAY Clean up City Complex Remove light from front of Adaministration Building Repair one light in Police Station and repair chairs Install toilet paper holder and hold on bar in Planning & Zoning Building Install new signs in streets from 25 to 35 miles P.H. Install new light on Administration Building R & R tire off of the street sweeper tractor Install new lock on one door in Administration Building Cleaned up fallen cactus in front of Administration Building Planted trees in City Complex Cut chain ditch on Palo Verde Dr. Graded Broadway between Tomahawk and Goldfield Trimmed brush on Saguaro Dr. Submitted D.P.W. sok WORK SHEET WEEK ENDING AUGUST 29, 1980 MONDAY Graded Hilton Dr. , Swept intersections on Idaho, Southern, and Meridian. Planted trees around City Complex. Cleared brush on corner of Greasewood and Delaware and Scenic between Starr and Hilton Cleaned City Complex. Repair blacktop at Belair Ave in Royal Palms. Repair stop sign at Desert Lane. Repair exhaust pipe on dump truck Land fill and level for Complex signs out in front. TUESDAY Clean City Complex Finish grade out front for sign Clean glass off of road at Ironwood Trail Repair stop sign bent over on Skies Rd. Repair vents in Administration Building to close Clean sidewalks of dirt and sweep Run dump truck and haul dirt to Complex Widen Scenic Drive between Starr and Hilton. Graded alley between Royal Palm and Winchester (via complaint) Graded Cortez between Tepee and Scenic Planted trees in City Complex Cut brush on Scenic, also Junction Finished area for city sign Am. WEDNESDAY Clean City Complex Install one stop sign and two m p.h. signs Repair roads on corner of Idaho and Broadway, Broadway and Ironwood Ironwood and Tepee , Ironwood and University Installed battery in J.D tractor Started planning and some digging for irrigation around city buildings Put up stop sign, corner of Scenic and Hilton Put 25 m.p.h. speed limit signs both sides of Superstition Elementary School on Broadway Dressed some washouts on Broadway between Idaho and Ironwood Patched pot holes corner of Idaho and Broadway, also corner of Ironwood & Broadway 00*. Amok WORK SHEET WEEK ENDING AUGUST 29, 1980 PAGE 2 THURSDAY Digging for irrigation around city buildings Mowed shoulders on Royal Palm Drive Cut brush on Junction, S. Main, and S. Warner Clean City Complex Repair streets on S. Main and Palo Verde Repair brackets on Case tractor • Attended OSHA meeting FRIDAY Clean City Complex Grease equipment Repair streets, Ironwood and Palo Verde Install stop signs on corner of Goldfield Mowing on Royal Palm Dr. Cut brush on S. Main and Junction Digging for irrigation system Graded Vista Rd. Put up City sign in front of City Complex Dressed shoulders on S. Main Cut brush on S. Main and S. Palo Verde Submitted 5.' D.P.W. __ �� Am 01120., WORK SHEET WEEK ENDING SEPTEMBER 5, 1980 Monday Holiday Tuesday Continued putting in irrigation system in City complex. Graded S. Marcos. Built a section of Acacia, also W. Foothill. Cut brush on Junction Drive. Cleaned City complex. Filled holes on S. Palo Verde Dr. and Main St. Worked on fill around signs and sidewalks at City complex. Repaired weed cutter on John Deere tractor. Tuned up Chevy Malibu #60-102. Checked air conditioner in 30-107. Assembled Tables and Benches. Wednesday Cleaned maintenance yard. Removed tire from dump truck. Cleaned up City complex. Installed shelf in zoning office. Installed stop sign in Superstition Estates. Installed repaired tire on dump truck and filled rest with air. Built benches for park. Cleaned rug in City complex. Continued work on irrigation system. Started mowing on Highway 60. Thursday Sharpened chain saw. Cleaned City complex. Finished building benches. Installed signs on City street. Leveled dirt in City complex. Repaired broken hand cleaner dispenser. Continued mowing on U.S. Highway 60. oak Started cutting brush and trimming trees on Highway 60. Continued working on irrigation for City complex. Friday Cleaned City complex. Repaired speakers in Court Room and repaired wires. Installed speaker on two way radio veh. 30-107. Hooked up trailer lights to truck on veh. 31-108. Washed truck. Scraped sand off section line roads, also several minor streets. Continued working on irrigation system for City complex. Bladed North Valley, North San Marcos, also W. Tepee. Submitted ' Director, Public Works a2 PQAC`�F dG Ali Amok a gRIZOt`1P 'Oily 4 I4pache &2unction September 9, 1980 .. MEMORANDUM TO• THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH. RAY LEE, CITY MANAGER-'-- i FROM: JLcPJOE GERO, DIRECTOR OF PLANNING CHUCK NEWCOMER, ACTING EXECUTIVE SECRETARY TO 7: y THE BOARD OF ADJUSTMENT SUBJECT: BOARD OF ADJUSTMENT MONTHLY ACTIVITY REPORT This memorandum is to inform you of recent Board of Adjustment actions. At the September 8, 1980, regular meeting of the Board of Adjustment, a public hearing was held on the variance application (Case BA-12-80) of Mr. Jimmy Eidson of 944 W. Third Avenue, Apache Junction, Arizona. The Board granted Mr. Eidson a variance to the side yard requirements of the CR-3 zone to enclose existing carports on his properties located at 944 W. Third Avenue and 907 W. Third Avenue in Apache Junction. Files on this case may be examined at the Department of Planning Office ,_ between 8:00 A.M. and 5:00 P.M. , Monday through Friday. If you have any questions on this matter, please contact the Acting Executive Secretary. CRN/kmc cc: Zoning Administrator Planning and Zoning Commission City Manager APPROVED ON q- /0- EO 1 FOR AGENDA OF q. /i_gO ITEM No. _ �'` CITY MANAGER - _ PU7LI(.7. HEARING OLD 21USINESS ' NEW BUSINESS v 1001 NORTH IDAHO ROAD E BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 PeACHF✓G .. ,.� Jw r U Nib .• z " ` cOity o75. &4pache 09unction gRiZoNP September 2, 1980 MEMORANDUM TO: The Honorable Mayor and City Council THRU: Ray Lee, City Manager FROM: Richard W. Broman, Director of Public Works SUBJECT: Traffic Study on Highway 60 at the Superstition Shopping Plaza West of Highway 88. Attached for your informtion is correspondence to businessmen, public information questionaire, concerned businesses and the Arizona Department of Transportation traffic investigation report recommendation. In an attempt to obtain public concurrence of the State's re- commendation, the attachments have been hand delivered to the businesses as indicated. As the forms provided are returned by the businesses their re- sponses will be compiled and a recommendation will be submitted by this Department to the Council for further action. attach. APPROVED ON Q:1U FOR AGENDA OF C1' I 1-g d CITY MANAGER ITEM No. _ - - PUBLIC HEARNG OLD BUSINESS NEW BUSINESS ✓___ - INFO/REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 (or .___:.(t AIN ' YO KI .17 .4, ,70ININ V ity 4 C pacre 09unctaan August 20, 1980 /N TO: All Businesses Located Along Highway 60 from Phelps Drive to Rennick Drive FROM: Director of Public Works RE: Traffic study on Highway 60 at the Superstition Shopping Plaza West of Highway 88 The City of Apache Junction, being concerned for public safety requested the A.D.O.T.to conduct a traffic study at the entrances to the Superstition Plaza located on Highway 60, westerly of Highway 88 The traffic study found that 35 accidents occurred between January 1, 1978 and December 31, 1979. More recent records from January 1, 1980 to July 15, 1980, compiled by the Apache Junction Police Department revealed 25 additional accidents occurred in this same vicinity. This department is presently reviewing the study and is contacting respective businesses so that persons are aware of: 1. Traffic study. 2. Reasons for the study. 3. Recommendations. ^ Please review the attached traffic study and submit your comments on the form provided by September 22, 1980, to• City of Apache Junction P.O. Box K Apache Junction, Az 85220 Attention: Public Works Department This letter will be hand delivered to the following businesses as shown on the attached list 150 NORTH OCOTILLO • POST OFFICE BOX K.APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982 6154 n -2- As it is possible that some landlords may reside out of the State of Arizona, it is requested that the store managers forward this correspondence accord- ingly. Please keep in mind that: 1. The median cross-over oss over at milepost 195.62 causes unsafe lane 00.44 changes. 2. There is adequate access to the shopping center by Phelps Drive, the cross-over at Rennick Drive and entrances along the south side of Highway 60. 3. 23,000 vehicles per day pass this location. 4. 35 accidents have occurred from January 1, 1978 thru December 31, 1979. 5. 25 accidents have occurred since January 1, 1980. 6. Public safety and life is at stake. Your support and understanding is solicited. Sincerely, (,13 /, Richard W. Broman, Director of Public Works cc: ADOT - Ken Hamblin Pinal Co. Engineer - Bernard Minter PUBLIC INFORMATION QUESTIONAIRE (Submit to City of Apache Junction by September 22, 1980) City of Apache Junction P.O. Box K Apache Junction, AZ 85220 Attention: Department of Public Works RE: Traffic Study on Highway 60 at the Superstition Shopping Plaza West of Highway 88 Gentlemen: I have reviewed the traffic study and enclose my response to the questionaire provided. THERE IS DEFINITELY A TRAFFIC HAZARD RELATED TO THE CROSS OVER STUDIED. Yes No THE STUDY CONDUCTED BY THE ARIZONA DEPARTMENT OF TRANSPORTATION IS REPRESENTATIVE OF THE TRUE CON- DITIONS Yes No THE RECOMMENDATION OF THE STATE TRAFFIC ENGINEER AS EXPLAINED ON SHEET 6 OF THE TRAFFIC INVESTIGATION REPORT IS REASONABLE Yes No I CONCUR WITH THE RECOMMENDATIONS OF THE TRAFFIC INVESTIGATION REPORT Yes No I SUBMIT AN ALTERNATIVE RECOMMENDATION. (Explain) CONSTRUCTION TO MODIFY THE CROSS-OVER SHOULD COMMENCE AS SOON AS POSSIBLE AND BE COMPLETED BY: As soon as possible December 1980 January 1981 May 1981 Agnik Aft. Ap. Jct. Family Practice Clinic Bill's Barber Shop P. 0. Box 1899 982-0922 400 W. Apache Trail Apache Junction, Az. 85220 A. J. Western Auto Lucky Nugget P. 0. Box 1257 Candace Cook A.J. 982-2580 1449 N. 66th Place Mesa, AZ 85205 A. J. Bayless Checker Auto P. 0. Box 1200 P. 0. Box 6597 A. J. 833-3631 Phoenix, AZ 85005 Amik Revco Traynor Texaco • Dale Hamgurg P. 0. Box 127 P. 0. Box E A. J. 982-3271 A. J. 982-0661 John's Auto Center Town & Country John Doerfler Rili Lombardi P. 0. Box 265 P. 0. Box 927 A. J. 982-3001 A.J. 982-3032 Arnold's Auto Center Laundry Mat P. 0. Box 807 Craig J. Block A. J. 982-2831 8243 E. Kelm Drive Scottsdale, Az 85253 Minnesota Title Atten. . Karen Chick Good Earth - Health Food Center P. 0. Drawer 1717 Mike McCall A. J. 982-5576 P. 0. Box 902 A. J. 982-2239 Copper State Bank Atten. : Bob DeBow - President Beauty Salon P. 0. Box J Monica Castro A. J. 982-8000 1760 S. Winchester A. J. 982-2141 Calvin Hill Amk Sherry's Ice Cream 725 W. Apache Trail Suite 41 Gary Page A. J. 982-3422 98 N. Plaza P. 0. Box 388 Daylight Donuts A. J. 982-3521 Fran Hanson 725 W. Apache Trail Suite 45 Tandy Leather A. J. 982-6645 Mel & Trula Buttel 48 N. Plaza Drive Apache Jct. Flowers & Gifts P. 0. Box 1195 Mark & Brenda Herbert A. J. 982-4300 P. 0. Box 1218 A. J. 982-1851 Bar-B's Gifts Richard Hess Jeannie's Needle Arts & Crafts P. 0. Box 1520 725 W. Apache Trail Suite 47 A. J. 982-6708 A. J. 982-8955 Lake Realty Dean's Jeans & Crazy T-Shirts Atten. : Bob Lake Betty & Wilber Dean P. 0. Box 1081 725 W. Apache Trail A. J. 982-1656 A. J. 982-7957 ON The Country Candy Store Wallace Hearing Aids Gail Gardner Gary & Carol Owens 725 W. Apache Trail P. 0. Box 1017 A. J. 982-7791 A. J. 982-4140 T. C. 's Hair Designers Bob's Liquors Cheryl Connally - Terrie Scott Wayne Nutter 725 W. Apache Trail Suite 18 p A. J. 982-5481 P. J. Box 18-7 A. J. 982-2581 Apache Optical Farmer's Insurance 2032 S. Industrial Park P. 0. Box 1967 Tempe, AZ 85287 A. J. 982-8330 967-7333 Sprouse Reitz D. Zingler, Realtor Leisure Plaza West Suite 102 Roger Vershum 461 W. Apache Trail P. 0. Box 460 A. J. 982-2412 A. J. 982-3021 Alpha Beta Apache Junction Dry Cleaner's Jeff Frasier Leisure Plaza 725 W. Apache Trail A. J. A. J. 982-7492 Kynn's Jewelers Den Skagg's 725 W. Apache Trail Ken Allen A. J. 982-0300 725 W. Apache Trail A. J. 982-7270 Chez Marie Salon of Beauty Sambo's # 3105 410 W. Apache Trail A. J. 982-7467 Wanda Gilen 575 W. Apache Trail Pizza Hut A. J. Apache Trail & Us 60 A. J. 982-1155 Kennedy TV, Radio Shack Dealer 725 W. Apache Trail Ray's Western Outfitter's, Inc. A. J. 982-2844 Leisure Plaza A. J. 982-2702 Sonic Lynette Kuntze Tumbleweed Gift Shop 700 W. Apache Trail Bayless Plaza A. J. 982-3498 A. J. 982-4570 Cactus Club Apache Bookworm & Artists Gallery Terry & Dawn Brooke 275 N. Plaza Drive P. 0. Box 477 A. J. 982-5297 A. J. 982-1148 Copper Kitchen Mary's Hair Designs Bayless Plaza Mary Root A. J. 982-0206 1906 W. 10th Avenue A. J. Kid's World 725 W. Apache Trail William R. Gerchick, DO A. J. Leisure Plaza Box M A. J. 982-1265 Arizona DeAQrtrnent of Transportation H ,ways Division US 60 - 195.42 - 195.79 Traffic Operations Services ROUTE - MILEPOST TRAFFIC INVESTIGATION REPORT 7-16-n ros�`�rdum July 3, 1980 DATE David R 0livare Traffic Engineer Apache Junction Pinal 7 NAME AND ORGANIZATION OF INITIATING SOURCE COMMUNITY COUNTY DISTRICT Traffic Operations Services Entrances to Superstitior Shopping Plaza STREET AND CITY LOCATION ^ CONTACT VIA Initiated ON April 29, 1980 INVESTIGATED GY Art Gra, PURPOSE OF STUDY. At the recuest of David R. Olivarez, Traffic Engineer, Traffic Operations Services, a traffic study has been initiated on US 60 in the vicinity of the Superstition Shopping Plaza in the City of Apache Junction. Concern has been expressed by the local officials that southbound vehicles from SR 88 ana Lost Dutchman Boulevard traveling to the plaza are having difficulty in maneuvering to the median opening opposite the east plaza entrance The purpose of this stud" is to review the roadway geometries and traffic characteristics to determine what alternatives, if any, are available to provide more efficient movement into the shopping plaza PHYSICAL FEATL:FS US 60 through the study area is divided high%ay consisting of fi,:e travel lanes, two in the eastbound direction and three in the westbound direction, sepa- rated by a depres'-ed median The study area is immediately west of the LS 60 junction with SR 88. Both eastbound and westbound US 60 are basically tangent and level through the study area. However, there is a major right horizontal curve immediately to the east. elk Median openings west of the junction are currently located at North Rennick Drive (MP 195.43) and opposite the east entrance to the Superstition Shopping Plaza (MP 195.62) . The shopping plaza, located on the south side of US 60, also has a western entrance at MP 195.55. A short turnout lane has been provided for eastbound traffic in advance of this west driveway entrance. A one-way rarp, for southbound traffic on SR 88 and Lost Dutchman Boulevard to enter westbound US 60, merges with mainline US 60 at MP 195.68±. At this point, the ramp becomes the third westbound lane of US 60. A short 15(}± foot segment of raised pavement markers has been installed to prohibit right turns from US 60 across the immediate gore area and ramp lane into a nearby gas station. ANN oft. Project #7-16-0 Addendum -2- July 3, 1980 A southbound ramp is also available for southbound SR 88 and Iost Dutch-,an Boulevard traffic to gain access to eastbound US 60. This ramp approaches westbound LS 60 at a skewed angle and is controlled by a STOP sign. Motorists must then negotiate a curved median crossover before proceeding on eastbound US 60 Tne pavement on US 60 is mi',ed bituminous and gives the motorist a smooth ride at the existing 45 mph speed limit. The stopping sight distances on US 60 were reviewed and found to be adequate for the current operating speeds and the posted speed limit. The recommended stopping sight distance for a speed of 45 mph on wet pavement is 375 feet TRAFFIC CHAR 1CTERISTICS Anache Juaction is a growing community with a substantial amount of side friction around the complex intersection of US 60 and SR 88 Numerous service and business facilities are located along US 60 through the area. The recently completed Sunerstition Shopping Plaza in the southwest quadrant of the stud% area has access to US 60 via the two entrances described previously The Average Daily Traffic (ADT) on LS 60 through the study area is approxi- mately 23,000 vehicles Per Day (vpd) , based on 1978 values from the Transportation Planning Division. Approximately four per cent consists of commercial vehicles, while 22 per cent is out-of-state traffic. Several localized traffic ifolume and turning movement counts have recently been conducted in the study area These include the following- Westbound US 60 and SR 88 On-Ramp A 16-hour court was conducted at the merge point of westbound US 60 and the SR 88 uestbound connector ramp During this particular 16-hour period, 5,887 vehicles used WB US 60 while 5,429 vehicles used the SR 88 tamp Ninety- eight per cent of the US 60 traffic volume continued straight, while two per cent (91 vehicles) made right turns across the SR 88 into a gas station. Ninety-three per cent of the SR 88 traffic continues straight, while seven per cent (395 vehicles) weave left and make left-turns at the median opening at ?rP 195.62. From that point the traffic either turns left onto eastbound VS 60 or enters the shopping plaza on the south side US 60 ,tnd Superstition Shopping Plaza A one-hour count of vehicles entering and departing the Superstition Shopping Plaza was conducted on a weekday afternoon from 2 to 3 p m During this particular one-hour period, 263 vehicles entered and departed via the two entrances to the plaza. Eighty-two vehicles (31%) , all eastbound, entered at the west entrance; forty-seven vehicles (187) , all westbound, entered at the east entrance via the median opening. Only one vehicle from the `.it RR ramp negotiated a left turn at the median into the shopping plaza. I'i Project 47-16-0 ^ -3- July 3, 1980 Addendum Of si\ty-two vehicles departing the ' est entrance, twenty-nine continued straight on eastbound US 60 while 33 turned left at the median opening During the sane hour, seventy-one vehicles departed at the east entrance. Thirty-seven crossea to the median opening chile thirty-four proceeded east on US 60 ACCIDE`T FXPERIENCE• The accident history was revieued for the study area from Januar 1, 1978 to December 31, 1979, the most recent date for which reported accident data was OIN available. Particular attention was focused on the westbound segment of US 60 from the merge point of the SR 88 on-ramp to immediately west of the median opening at MP 195.62 The primary cause of accidents in this area was failure to yield right of way. In the majority of cases, the vehicles failing to yield were departing from a driveway access or median opening and failed to yield to either oncoming or westbound traffic. A second trend involved sestbound vehicles on LS 60 making right turns at or just beyond the merge point with the SR 88 rap ana failing to yield the right of way to vehicles on the ramp During the two-year period, 27 accidents occurred in the westbound lanes from Milepost 195.40± to MP 195.70±. In 14 of these accidents, failure to yield right of way was shown as the primary cause of the acciderts; in addition, five accidents each were caused b) either improper turns or unsafe lane cnanges During the same two-year period, eight accidents occurred in the east- bound lanes from MP 195.40+ to MP 195.70±. roar of the eastbound accidents were single vehicle accidents which resulted from hitting fixed objects or overturning. Two multi-vehicle acciderts were attributed to failure to yield right of was , while one accident was the direct result of a wrong way maneuver. Eastbound movements through this area are relatively simple and involve primarily straight ahead maneuvers. Westbound movements, however, are a con- bination of straight ahead, merging, and weaving maneuvers, compounded by numerous driveway access points to businesses on the north side of the highway. This direction of travel is relatively complex compared to the eastbound direction; this accounts, in part, for the disproportionate number of accidents for the two directions of travel. No accident trend ' as detected involving westbound vehicles from the SR 88 on-ramp failing to yield the right of say to sestbound US 60 vehicles while merging and weaving to the median opering at MP 195.62 PREVAILING SPEEDS• A speed sample was obtained on US 60 west of the study area, with the following results- Milepost Posted Speed 85th Percentile Sneed 194.65 EB 45 49.1 194.65 VB 45 48 1 Project 07-16-0 11II% -4- July 3, 1980 AddenOun The speed samples reveal that traffic is exceeding the posted 45 mph speed controls by three to foul mph. 1 l 1Li 11 ION 01 MEDIAN CROSSING MANEUVERS. '> pertinent OfE. Forpurposes of clarity and avoiding o repetition, pertinent locations kill be identified as follous- Location A etistin median opening -��, penin , opposite N. Re rick i rive at MP 195.43. Location B - west entrance to the Superstition Shopping Plaza at MP 195.55. Location C - existing median opening opposite the east entrance to the Superstition Shopping Plaza at MP 195.62. .,oUStraffic D existing median opening used byEB 60 _af_ 2 p gt i.c to turn north onto SR 88 at MP 195.80±. Should traffic volumes continue to increase and further cevelopment occur on the south side of US 60, it is anticipated that the Superstition Shopping Plaza will necorne a major traffic attraction in the Apache Jt"ction are1. This will undoubtedly lead to increased movements involving vehicles entering and departing this facility . It is anticipated that one of these major maneuvers will involve the vehicles proceeding southbourd on SR 88 and Lost Dutchman Boulevard These two roadc.a)s serve major residential areas to the north and east, as well as the shopoing complex in the northwest quadrant of the US 60/SR 88 Junction. Furthermore, SR 88 serves as the primar) access to the recreational areas on the Apache frail. Any major movement of vehicles from the SR 88 ramp to the median opening at MP 195.62 (Location C) would be undesirable and could lead to increased conflicts Currently, to safely accomplish this maneuver, a vehicle rust weave across the two US 60 westbound through lanes to enter the left turn in advance of the median opening. The total distance available to accomplish this maneuver is approximately 338 feet; on a lane-to-lane basis, this means one lane transi- tion for each 113-4 feet. However, the left turn lane begins 150 feet in advance of the actual median opening, consequently, some vehicles nay he attempting the entire transition of three lanes in the minima] distance of 18° feet An accepted method commonly used to determine merge or lane transition distances (in feet) has been 10 x Speed Limit, oi , in this case, 450 feet per lane change. Considering that three lane change maneuvers are involved, 1 ,350 feet would be an acceptable transition distance by this method to accomplish 1 left turn from the SR 88 westbound on-ramp to a median opening. Project f#7-16-0 ^ -5- July 3, 198n The merge distance for westbound SR 88 on-ramp vehicles to maneuver for a left turn at Location A instead of Location C is 1,325 feet ; this distance more reasonably satisfies the acceptable merge distance of 1,350 feet discussed previously. From this point, the crossing vehicles can pro- ceed eastward to their irtended destination A modification of geor'etrics would convert Location C to the north- bound direction only. The US 60 westbourd traffic and the SR 88 ramp traffic would be dil.erted to Location A at North Rennick Drive to proceed eastward to their intenOed destination However, the westbound traffic departing from either the east or west entrances of the shopping complex, as cell PP as g P eastbound LS 60 traffic desiring to proceed nest, could still cross the median at Location C. The median opening would need to be physically altered to effectively accomplish this change. The westbound left-turn approach lane would be removed while the eastbound left-turn approach lane would remain The width of the crossover c,culd be reduced to only allow one-way movements to the north, a slight alteration of the geometries would also discourage or prohibit any est- bound US 60 ‘enicies from turning into the crossover area Wrong . av signing, inclucing "NO LEFT TURN" and "DO NOT ENTER" signs would also serve to advise westbound motorists of this prohibited maneuver :.s previously discussed, the advantage would be that the verge distance for westbound SR 88 on-ramp vehicles to raneuver for a left turn would be increased from 338 feet to 1,325 feet, thus reasonably satisfying the acceptable merge distance of 1,350 feet. In addition, it would allow the vehicles departing the shopping complex which desire to go west (approximately 27 per cent) to cross at tn.e existing median rather than having to proceed east through the LS 60/SR 88 junction area. The disadvantage is that the one-way median opening is a departure from the normal two-way median treatment common throughout the area. However, with the proper geometries and signing, this treatment should not result in any operational problems. CONCLUSIONS. From the analysis of roadway geometry, traffic characteristics, accident history, and evaluation of various geometric alternatives, the following is concluded. 1. Existing stopping sight distances are adequate for the posted speed limit and the current operating speeds through the area. 2. Failure to yield right of way, improper turns and unsafe lane chances were the primary causes of accidents through the area. • 3. The 85th percentile speeds in the study area are three to four mph above the posted speed controls eN Project • 7-16-0) -6- July 3, 19.,A 0 Addendum '+. :;oth the east and west entrances to the Superstitior Shopping Plaza are c\tensivel} used by entering and departing vehicles. 5 No accident trend was detected im ol‘ing westbound vehicles from SR SS ta111m, to yield the right of way to westbound US 60 vehicles t. Existing traffic controls for the area reviewed are adequate ana in accoraance ulth `UTCD. Ri CO`^:E\D 1 T Ira`:S• In \ iew of the factors considered above, it is recommended that the medlar crosso'.er at ''P 195.62±, opposite the east entrance to the Superstition Shopping Plaza, be iestiicted to traffic in the northbound direction only DRO J:.R ng ',,I1 I <,,y JraveCcare SUPERSTITION PLAZA • 725 W APACHE TRAIL • SUITE 41 �� MAIL P D DRAWER G • APACHE JUNCTION, ARIZONA 85220 2-1 PHONE 982-3422 September 4, 1980 Mr Richard Broman Director of Public Works City of Apache Junction P. 0. Box K Apache Junction, Arizona 85220 Dear Mr. Broman On behalf of the business men and women of the Superstition Plaza, I want to thank you for being with us this morning and discussing with us the possibilities that lie ahead for correcting some of the traffic problems of the city. I realize at this time in the life of the city that there are more problems than money and personnel are available to solve. I also realize that if we the citizens and business men and women will devote some of our time and energies as well as some of our resources toward making Apache Junction a better city, that some of these problems can be more easily dealt with, and in a constructive manner. During the nearly seventeen years that I have been a resident of /�• this community I have tried to play an active part in its development. I will continue to do this although I do live outside the incorporated area but within the township. I have had considerable engineering experience as I mentioned to you. I have worked with city staffs and have done long range planning. I am willing to help in any way that I can without trying to be deterimental to the progress of this city. Thank you again for responding to our invitation and sharing with us your knowledge and giving us an opportunity to work with you. a—IU �gU Sincerely APPROVED ON --,. O / FOR AGENDA F J. Calvin Hill! CITY MANAGER ITEM No. ____ - - PUBLIC HEARING OLD BUSINESS NEV/ BUSINESS __ INFO/REPORTS ELDON RUDD COMMITTEE ON APPROPRIATIONS 4TH DISTRICT,ARIZONA COMMITTEE ON BUDGET WASHINGTON OFFICE:p.� TASK FORCES: 1110 LONGwNRTH WILDING Coflgrems of ttje initeb 'tate. DEFENSE AND INTERNATIONAL WASHINGTON.D.0 20515 AFFAIRS (202)225-3361 INFLATION 1)oule of 3epressetttatibetc DISTRICT OFFICE: COMMITTEE ON CO M M ITTEES 6900 E.CAM ELBACK ROAD ry}� ScorrsoALE ARIZONA 85251 JP/1 abrngtor 0.42:. 20515 (602)241-2801 September 2 1 9 8 0 Mr. Rich Oesterle City Clerk City of Apache Junction P.O. Box K Apache Junction, Arizona 85220 Dear Mr. Oesterle, I am enclosing for your information, a copy of the correspondence I have just received from the Federal Highway Administration regarding the extension of the Superstition Freeway. Please not that officials of FHA indicate that the State is the primary agency for scheduling of Super- stition Freeway projects. I do wish I could send you a more encouraging reply from federal officials , however, I am pleased to note that the State has been made aware of the overwhelming support for the extension of the Superstition Freeway. I am returning the petitions you were kind enough to enclose, in the event that they may be of further use to you. I wish you every success in obtaining state support for the extension project. Please let me know if I may be of any appropriate service. With every good wish, Sincerely, 1 on Ru d Member of Congress SEP 8 ER: lj Enclosures • if, 30 APPROVED ON _FOR AGENDA OF CITY MANAGER ITEM No. - iC HEARING tS?;-IESS R" a n J_ N SS INFO / REPORTS Eft OF TRANS 45, o Z U.S. DEPARTMENT OF TRANSPORTATION • FEDERAL HIGHWAY ADMINISTRATION Z;rf WP WASHINGTON, D C 20590 °STATESOF' AUG 2 0 1980 IN REPLY REFER TO HNlG-iO The Honorable Eldon Rudd House of Representatives Washington, O.C. 20515 Dear Mr. Rudd: Thank you for your communications of July 23 to the Federal Highway Administration. You requested comments on a copy of a letter which Mr. Rich Oesterle, City Clerk of Apache Junction, Arizona, wrote to Governor Bruce Babbitt. Mr. Oesterle enclosed a resolution adopted by the Mayor and City Council, as well as petitions in support of timely extension of the Superstition Freeway. Mr. Oesterle took the appropriate action by directing his letter to Governor Babbitt. The State is responsible for the scheduling of Superstition Freeway projects within the limits of available funding and in cooperation with local officials. The State is also responsible for project planning, design, and construction. Consequently, State officials are in the best position to comment on their plans for Super- stition Freeway projects using either Federal-aid or State funds. Our role is one of review to ensure Federal-aid projects are developed by the State in compliance with Federal requirements. We checked with our Arizona field representatives, who advised us the State is well aware of the support for this freeway. Protects are '"' being advanced as funding permits. We understand the most recent segment was let to contract as a State-funded project without Federal fund participation. We suggest local officials continue to work with the Arizona Department of Transportation as priorities are established for future funding. Please let us know if we can be of further assistance. Sincerely yours, David K. Phillips for Morris C. Reinhardt Director, Office of Engineering Enclosure: Transmitted Correspondence APPROVED ON Q"iQ. Q. ITEM No - "" PUBLIC HEARING FOR AGEND F Q' � OLD BUSINESS NEW BUSINESS INFO/ REFORM CITY MANAGER 4011. PQACHE J, Ilk '9RizoNP' cOity oly &419ache 09unction September 9, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF ,THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER FROM J>LAY5 JOE GERO, DIRECTOR OF PLANNING CHUCK NEWCOMER, ACTING EXECUTIVE SECRETARY TO CtP THE BOARD OF ADJUSTMENT SUBJECT: BOARD OF ADJUSTMENT MINUTES FOR YOUR INFORMATION Enclosed you will copies of the approved "MINUTES" from the Board of Adjustment meeting of August 4, 1980. Any questions concerning these "MINUTES" should be directed to the Acting Executive Secretary. Please have the "MINUTES" entered into the Minutes Book. CRN/kmc APPROVED ON Q-lO $ FOR AG:NDA OF Q"1 6 CITY MANAGER ITE :! t h. ._ _ .-'EARNG C;'_ ;��{cNESS N=AY BUSINESS .. INFO/ REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 01/4 BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION, ARIZONA CITY HALL COMPLEX 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA AUGUST 4, 1980 7 00 P M In Attendance Guests Absent Joe Jessamine, Chairman Mrs. Frances Ramirez Pete Nunn (ill) Don Nesser, Vice Chairman Mr Benito Salazar Bill Vaughn Mr. Donald Owensby Bill Furness Mr. Milton Roby Mr Jerry Fear Chuck Newcomer, Acting Executive Mr Earl Feda Secretary Mr Roy Hudson Jackie LeCount, Secretary 1 Chairman called the meeting to order at 7 00 P M and requested the Acting Executive Secretary to call the roll 2 Mr Newcomer called roll and determined the members present as indicated above. 3 Chairman announced that there was a quorum present and called upon the Executive Secretary to brief the members on the first item before them, the approval of the "Minutes" from the meeting of July 7, 1980. 4 Nesser/Furness M/S to approve the "Minutes" from the meeting vT July 7, 1980, as written The motion passed 4-0 5. Chairman asked the Executive Secretary to brief the members on the next case before them, the continuation of the public hearing on the variance application of Mrs Frances Ramirez, BA-10-80. + 6 Mr. Newcomer reminded the Board that the case was a contin- uation of the public hearing from the previous meeting At that time, the Board had given Mrs Ramirez a continuation to allow her the time to prove sole ownership of the property He informed the Board that he had not received any documents from Mrs. Ramirez establishing her as the sole owner 7. Chairman called on Mrs Ramirez to present her case 8. Mr Salazar informed the Board that he, as the attorney for Mrs Ramirez, would present information for their consideration He informed the Board that the legal title to the property had not yet been established Mrs. Ramirez was presently taking her case of ownership to the courts in order to establish her as the sole owner He explained to the Board that Mrs Ramirez had purchased the property and paid for it herself Legal action had been filed in Florence and they were still awaiting word as of today. He requested that the Board grant a continuance to allow for the legal process to occur. Page 2 - Board of Adjustment Minutes of August 4, 1980 9 Nesser/Furness M/S "BE IT RESOLVED by the Board of Adjust- ment of the City of Apache Junction, Arizona,to grant Mrs Frances Ramirez of 1686 North Valley Road, Apache Junction, Arizona, a con- tinuance of sixty (60) days to permit enough time to legally establish ownership of the above mentioned property. Further, to inform Mrs Ramirez and Mr. Salazar of the date, in writing. The hearing will be continued until the next regular meeting of the Board of Adjustment to be held in October, 1980, (October 6, 1980) at 7 P M at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona " The motion passed 3-1 with Mr. Vaughn voting "no". 10 Chairman asked the Executive Secretary to brief the members on the next case before them, the variance application of Mr Owensby, BA-11-80. 11 Mr Newcomer explained that it was necessary for Mr. Owensby to apply for a variance and appear before the Board because he had constructed a storage shed/ carport that was not in compliance with the requirements of a General Rural (GR) zone. He informed the Board that Mr. Owensby had done the construction without the proper permits and did not meet the setback requirements of the zone 12 Chairman called upon Mr Owensby to present his case 13. Mr. Owensby informed the Board that he had placed the shed/carport at its present location so as to utilize his lot as best as possible He also informed the Board that he hadn't thought that it was necessary to obtain a permit for the construction. He explained that construction had been stop- ped by the Building Official presenting him with a "Cease and Desist" notice He further informed the Board that he had paid the fine and the cost of the Building Permit, and wanted to continue building the structure He informed the Board that he considered it impossible to meet all of the setback require- ments and still be able to utilize the property 14 Chairman asked for additional comments or questions. 15 Mr Milton Roby explained that he lived at 2451 W Cholla in Apache Junction, Arizona He informed the Board that he felt that Mr. Owensby had improved his property by construct- ing the shed and felt that he should be granted the variance. 16 Chairman called for additional comments 17. Mr. Owensby informed the Board that the Salt River Project had a 6' easement on his property that preven- ted him further from making full use of his land /N Page 3 - Board of Adjustment Meeting of August 4, 1980 18. Mr. Hudson informed the Board that he had seen the prop- erty in question in previous years and that Mr Owensby had made several improvements and attempts to clean up the mess left by others He further explained that he did not think it right that Mr. Owensby should be penalized because the Salt River Project had a 6' ease- ment on his property. 19. Chairman called for additional comments 20 Mr Jerry Fear informed the Board that he lived at 2232 W Ohio in Apache Junction, Arizona, and that he would like to see Mr Owensby obtain the variance since he spent a great deal of time and money improving the property. He further explained that Mr. Owensby's prop- erty was one of the neatest homes in the area 21 Mr Earl Feda explained that he lived at 2441 N. Delaware in Apache Junction, Arizona. He informed the Board that Mr. Owensby had done a good job in fixing up the house and that he should be entitled to some justification such as the granting of the variance. 22 Chairman called for additional comments from the floor or the Board members There being no additional discussion, he called for a motion on the variance 23. Furness/Nesser M/S "BE IT RESOLVED by the Board of Adjustment the City of Apache Junction, Arizona- Hereby granting Mr Donald L. Owensby a variance to the side and rear setback requirements of Article 8 of the City Zoning Ordinance to con- struct a carport and storage shed on the premises (North 100', Tract 56, Cayton Subdivision) to the dimensions and yard setbacks as shown on the plot plan submitted with the variance application, BA-11-80 In accordance with the provisions of Section 2403 of the City Zoning Ordinance, the Board bases its decision on the following factors 1. The lot in question is approximately 10,000 sq.ft. This would prevent the adequate development of the lot as a building site if the yard and setback requirements of the General Rural (GR) zone were applied 2 Adjacent to this site there are buildings and uses which do not conform to the require- ments of the zone Further, the Board notes that Mr Owensby has proceeded with construction without first obtaining the necessary permitting The actions of the Board are only applicable to the yard and setback requirements for the structures in question This action in no way supercedes the requirements of the City Building Code The City Building Official will be notified of the Board's action on this matter" The motion passed 3-1 with Mr Vaughn voting "present" OOPS 00% Adjustment August 1980 Page 4 Board of d tment Minutes of u u t 4 S 7 S 24. Chairman called for additional comments or questions on the matter There being no additional comments, he announced that the public hearing section of the meeting was closed and called for a motion to recess for five minutes 25. Nesser/Vaughn M/S to have a five-minutes recess The motion passed 4-0 26 Chairman called the meeting to order after the five- minute recess and requested the Executive Secretary brief the members on any other business that should be considered 27 Mr Newcomer called the Board's attention to the fact that the first Monday in September was Labor Day and that their regularly scheduled meeting was set for that particular day. He suggested that the Board make a motion to change the day of the meeting so as to avoid conflict with the holiday schedule since the City Hall Complex would be closed 28. Nesser/Furness M/S "BE IT RESOLVED by the Board of Adjust- ment of the City of Apache Junction, Arizona, that its next regular meeting be held on Monday, September 8, 1980, at 7.00 P.M. at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona " The motion passed 4-0 29. Chairman called for additional comments or questions. There being no further discussion, he called for a motion to adjourn 30 Nesser/Furness M/S to adjourn the meeting of the Board of Adjustment es The motion passed 4-0. 31 Chairman adjourned the meeting at 8 00 P M Respectfully submitted, f1-1 Charles Newcomer Acting Executive Secretary Approved. e Jeggram1ne, Chairman Board of Adjustment Ai/ bk • qP/ZONP `pity o� @479ache 09unction September 10, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER - -- FROM. JOE GERO, DIRECTOR OF PLANNING s.14 EXECUTIVE SECRETARY, PLANNING & ZONING COMMISSION SUBJECT. PLANNING AND ZONING MINUTES FOR YOUR INFORMATION Enclosed you will find copies of the approved "MINUTES" from the Planning and Zoning Commission meeting of August 12, 1980. Any questions concerning these "MINUTES" should be directed the the Executive Secretary. Please have the original "MINUTES" inserted in the Minutes Book. APPROVED ON __ g0 FOR AGENDA OF 61'/ 1:_-4.0 JWG/kmc CITY ANAGER ITEM No. .. PUBLIC HEARING OLD BUSINESS ---- / . NEW BUSINESS ✓ _ INFO/REPORTS 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 PLANNING AND ZONING COMMISSION CITY OF APACHE JUNCTION, ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA AUGUST 12, 1980 7.00 P M In Attendance Absent Guests George Baljo, Chairman Richard Oltman (ill) Thomas Jones Tom Damiano Roy Hudson Ilene Taylor (vacation) Joe Morvak Richard Kovacs Ron Kell Mildred Baker (vacation) Barry Abrams Archie Meyers Henry Steelsmith John Hutchens (business) Sandy Whitten Sim Strickler Leo Frazier Joe Gero, Executive Glen McClain Secretary Vincent Matousek Kathy Connelly, Secretary Harvey Carothers Betty Carothers William Marston Velma Marston 1 Chairman called the meeting to order at 7.10 P M and requested the Executive Secretary to call the roll 2 Mr Gero called the roll and determined five (5) mem- bers present as indicated above. 3 Chairman declared that a quorum was present and called attention to the two sets of "Minutes" that the Commission members had in their packets. He requested that the Commission members re- view the "Minutes" once again before making a motion. He called for seperate motions on each set of "Minutes". one motion for the "Minutes" from the meeting of July 8, 1980 and one motion for the "Minutes" of July 15, 1980. 4. Steelsmith/Stirckler M/S to approve the "Minutes" from the meeting o3-July 8, 1980, as written. The motion passed 3-0-2 with Mr. Hudson and Mr Kell abstaining since they had not attended the meeting in question. 5 Steelsmith/Strickler M/S to approve the "Minutes" from the meeting 7-July 15, 1980, as written The motion passed 3-0-2 with Mr Baljo and Mr Kell abstaining since they had not attended the meeting in question. 6 Chairman announced that the next item on the agenda was the section set aside for public hearings and declared the public hearing to be open He asked the Executive Secretary to brief the members on the first case before them, PZ-10-80 7 Mr Gero explained that this was a request for rezoning by Mr and Mrs Aslett and that the party who had their power of attorney was Mr. Vincent Matousek. He further explained that the property was located Northwest of Highway 88, with Wind- song St and Wickiup Road being the nearest cross streets He illustrated the property on a map and pointed out that while the adjoining properties were CB-2 zoned, the balance of the area was CR-1. He informed those present that thg CR-1 zoning is the most urban-like of the single family Page 2 - Planning and Zoning Commission Minutes of August 12, 1980 residence with approximately one-half (1) acre per lot He pointed out that those people living in the CR-1 zones had large lots and, hence, a large investment. He called the members attention to the memos OIN from the Fire Chief and the Zoning Administra- tor regarding the requested rezoning He pointed out that the Building Official and the Director of Public Works both had questioned the land use involved He reminded the Commission that the applicant was not bound, if granted the rezoning, to proceed with the plans for the property that he had indicated. Once rezoned, all of the permitted uses for that particular zoning classification would be allowed 8 Chairman called for the applicant to present his case 9. Mr Matousek explained that he was under contract to pur- chase the property in question pending the outcome of the rezoning hearing He told the Commission members that he presently lived in Mesa, but was interested in the Apache Junction area for its appeal and beauty. He felt that a recreation area was much needed in Apache Junction since the closets such facility was in Tempe or 40th Street in Phoenix. He pointed out that he wished to use the land for a swimming pool, children's wading pool, water slide, rest rooms, showers, snack bar and office. All of the property would be fenced in and open the hours as set forth by the City Codes He explained that the property was easily acces- sable since it was close to Highway 88. 10 Chairman agreed that there was nothing in the area that offered family entertainment such as this pro- posed project. He then called for comments or questions from the Commission members 11 Mr Kell asked Mr. Matousek if the purchase of the prop- erty was contingent upon getting the rezoning or if he now owned the property 12 Mr Matousek informed Mr Kell that it was stated in his contract that he would purchase the property if he was able to obtain the zoning change. He also informed the Commission that he could also ask for a zoning change to the CB-2 classification based on information given to him by the Associate Planner, Mr. Newcomer 13 Mr. Kell asked Mr. Matousek if he was now requesting that he wished to request a rezoning to a CB-2 clas- sification 14. Mr. Matousek stated that he would like to change the request to a CB-2 zoning classification since it would allow all of the intended uses that he was considering 15 Mr. Kell asked Mr Gero if it was possible for the appli- cant to amend the application at this time. Page 3 - Planning and Zoning Commission Minutes of August 12, 1980 16 Mr. Gero commented that the final resolution could in- clude a notation to amend the application to a request for a CB-2 classification. 17. Chairman called for additional comments from the Com- mission members or the public 18. Mr. Kovacs explained to the Commission that the City was in need of additional commercial property to increase income into the City and to provide jobs for the residents. He informed the members that he was in favor of the rezoning because it would be a good investment for the City 19 Chairman thanked Mr Kovacs for his comments and called for additional speakers from the audience 20 Mr Meyers agreed that Apache Junction was in need of additional commercial areas but questioned whether or not the developer had to abide by the plans that he submitted to the Commission. 21. Mr. Gero explained that, once granted, all uses were permitted within a given zone as outlined in the City Zoning Ordinance The option of the use was in the hands of the land owner and went with the land. He further explained that it would be possible to have light manufacturing and assembly in the CB-2 zoned district 22 Mr Kovacs asked if Mr. Matousek would have a set period of time in which to complete his plans 23. Mr Gero informed the Commission that the question of a possible "reverter" clause has been dis- cussed with the City Attorney To date, it appears that this is not possible. He further explained that the CB-2 zone would also allow apartments 24 Mr Kovacs asked if the apartments could be high-rise 25 Mr Gero explained that the Zoning Ordinance allowed up to a height of thirty feet (30') 26. Mr Frazier further explained that the Ordinance allowed apartments to be up to three (3) stories 27 Mr Gero informed the Commission and Mr Matousek could also apply for a Planned Development which would set a time frame for developing the land and which would also hold him to the plans 28 Mr Meyers informed the members that he was in favor of the rezoning, but not if all options were avail- able to the developer He did not want any one developer to set a precedent that would allow others to submit one set of plans and build according to another 29 Chairman called for additional comments from the audience. There being no additional comments, he asked Mr. Gero to give the staff recommen- dation I - Page 4 - Planning and Zoning Commission Minutes of August 12, 1980 30. Mr. Gero called the Commission's attention to the blank resolution sheets that were contained in the packet. He suggested that the members refer to these while making the motions. He informed the members that they had four choices with regard to the motion. They could ilm\ either deny the request, approve it, request that it be changed to a Planned Development or grant a Special Use or Conditional Use Permit. With regard to the last selection, the matter would have to be discussed with the City Attorney 31. Mr. Hudson asked that the property owners who had approved the rezoning request be located on the map so as to determine their location in comparison to the property in question 32 Mr Gero pointed out the property owners to the members with the help of Mr. Matousek 33 Chairman called for additional comments or questions 34 Mr. Kovacs told the Commission that big investors should be encouraged to come into the City and the only way to do so would be to start with some- thing small such as the Matousek project. He, as a property owner, would be willing to split his property and sell it to an investor to bring money and jobs into the City ( 35 Mr Kell asked it this would be "spot zoning" 36 Mr Gero stated that it was a difficult question because the "spot zoning" definition applied to an area that was different from surrounding zones In this particular case, it would have to be considered if whether or not the zone change would set a trend and eventually affect other property owners not directly involved at this ^ point. As a point of reference, he added that Section 15 was almost all CR-1 zoned and was the only area currently in the City with that great amount of CR-1 zoning 37 Mr Kovacs informed the Commission that there were present- ly no houses in the area and, therefore, the project would not cause any disruption He felt that the Highway should be left open for commercial investments that would create jobs 38 Mr. Gero informed the Commission that a new residence was going up in that area with access on Wind- song Street 39. Mr. Matousek informed the Commission that he had been in the area since 1972 and that he considered the area in question one of the nicest parts of the City. He added that he thought it was a good idea to have the commercial areas of the highway with the residential areas behind it 40 Chairman asked if it would be possible for the appli- cation to be changed to Planned Development without going through additional fees and advertising Page 5 - Planning and Zoning Commission Minutes of August 12, 1980 41 Mr Gero explained that he would have to check with the City Attorney on the status of the appli- cation if changed to CB-2/PD 42 Chairman explained that with the CB-2/PD, the applicant would be held to the plans as submitted to the City along with the application The City would be able to withdraw the rezoning if the ( applicant deviated from the plans. 43 Mr Gero informed the Commission that the decision on the application could be put off until the next meeting in order to give Mr Matousek the time to make a decision 44 Chairman asked what would be necessary to apply for a Special Use Permit for the property 45 Mr Gero explained that the Special Use Permit was on a year-to-year basis and could be a financial burden if complaints were raised against the property after all work had been completed 46 Chairman called for comments from Mr Matousek on the suggestion that he amend his application to a CB-2/PD. 47 Mr Matousek informed the Commission that the plans he had shown them earlier were only sketches and that he was willing to submit finalized plans if granted the rezoning request 48. Mr Hudson asked Mr. Matousek if any of his plans over- lapped onto the adjoining properties 49. Mr. Matousek stated that the plans applied only to the property in question. He informed the members that he was concerned about the wash that crossed the land and that some work would have to be done to decide what could be done with the wash 50. Mr. Kell explained that he felt that the petition, in its ^ present form, should be denied since too many options were available for use of the property He further explained that perhaps Mr. Matousek could come back before the Commission with more information on the use and the possible appli- cation for a Planned Development He recommen- ded that the petition be denied if not changed to a request for a Planned Development 51 Mr. Hudson explained that someting was needed in the wav of commercial investments along Highway 88 since it was a heavily trafficed road and would cer- tainly see increased use in the years to come He felt that a "buffer zone" should be estab- lished between the Highway and the residential areas, and that this could be done by allowing CB-2 zoned areas 52 Mr Strickler agreed that people would prefer to live in a CR-1 area, but that Apache Junction also needed commercial areas to provide jobs for those same people He did want to be assured, however, that the property in question would be used for the reason for which it was approved 53. Chairman called for additional comments or question There being none, he called for a motion ION Page 6 - Planning and Zoning Commission Minutes of August 12, 1980 54 Kell/Strickler M/S to continue the public hearing on case PZ=10-80 until the next regular meeting of the Planning and Zoning Commission on Tuesday, September 9, 1980 at 7.00 P M at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona The motion passed 5-0. - I 55. Chairman called on the Executive Secretary to brief the members on the next case on the agenda, PZ-11-80, application of Mr. Glen McClain 56. Mr. Gero pointed out the location of the property on a map and indicated that there appeared to be a discrepancy as to the actual size of the parcel, but that the rezoning would be done according to the legal description He pointed out the memos from the Fire Depart- ment and Police Department stating that there would not be any problem in providing services to the area He informed the Commission that the options available to them were 1) approve the request, 2) deny the request, 3) request that the appli- cation be changed to Planned Development, or 4) grant a Special Use or Conditional Use Permit 57 Chairman called on the applicant to present his case. ( 58 Mr Mc Clain had no comments on the case 59 Chairman called for discussion for and against the requested rezoning There being no additional comments, he called for the staff recommendation 60 Mr Gero informed the Commission that he saw no prob- lem with the application but asked the members to consider whether or not they wished to con- ON tinue the trend of commercial strip zoning. 61 Mr Steelsmith questioned the effect of this kind of rezoning on the overall General Plan for the City He felt that he could not go along with the recom- mendation because of the strip zoning impli- cations and the eventual impact of the Super- stition Freeway on the commercial districts 62 Mr Kell asked Mr McClain if he had any specific use in mind for the property. 63. Mr. McClain explained that presently the property was only good for a house, but with its closeness to the highway, he felt that other options would be more practical 64. Chairman explained that it was a good idea to create a buffer zone between the residential areas and the highway. He also felt that, based on the price of gas, that people would prefer to shop in a local area rather than go miles 65 Hudson/Strickler M/S BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-11-80, also known as Proposed Ordinance No 60, application Page 7 - Planning and Zoning Commission Minutes of August 12, 1980 of Glen McClain for his property described as That part of the North . of the Northeast 1 of the Southwest 1 except that portion North of the Southwesterly right-of-way line of U S Highway 60, Section 21, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona requesting a change in the zoning district classification from General Rural (GR) to Gen- eral Business (CB-2), that the Commission rec- ommends to the Apache Junction City Council the approval of said application The reasons for this recommendation are that the Commission can see no other use for the land The motion passed 4-1 with Mr. Steelsmith voting "no" 66. Chairman requested that the Executive Secretary brief the members on the next agenda item, appli- cation of Mr. and Mrs Lindsey by Thomas Jones, case PZ-13-80 67 Mr Gero pointed out the location of the property on the map and informed the members that the Police, Fire and Building Department had no problems with the proposed rezoning He added that the staff had no objections to the change in the classification because of the nature of the surrounding areas 68 Chairman called on Mr Jones to present the case for the applicant 69 Mr. Jones speaking as the representative for the appli- cant with the power of attorney, he informed the members that they hoped to in-fill the area with a CB-2 zoned district that would follow the commercial development within the City. 70. Chairman called for comments either for or against the petition. He then called for the staff recommendation. 71 Mr Gero advised the Commission that he saw no prob- lems with the application and that the Police and Fire Departments held the same opinion He informed the members that they had the same options available as in the previous cases as to the denial, approval, amending or change in the application to a Special Use Permit or Conditional Use Permit 72 Chairman called for additional comments or questions. There being no other discussion, he called for a motion 73. Kell/Hudson M/S BE IT RESOLVED by the Planning and Zoning tp1snission of the City of Apache Junction, Arizona, that in rezoning case PZ-13-80, also known as Proposed Ordinance No 61, application of James and Ethel Lindsey for their property described as• South ti of the Southwest 14 of the Northwest 14 of the Southwest 14 of Section 21, Township 1 North, Range 8 East, Gila and Salt River Base Page 8 - Planning and Zoning Commission Minutes of August 12, 1980 and Meridian, located in Apache Junction, Pinal County, Arizona requesting a change in the zoning district classification from General Rural (GR) to General Business (CB-2), that the Commission recommends to the City Council the approval ^ of said application The reasons for this recommendation are that the surrounding area is already zoned CB-2 The motion passed 5-0. 74 Mi Gero announced that all of the above public hearings sent to the City Council by the Commission would be on the Council agenda for Wednes- day, September 3, 1980, at 7.00 P M at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona. 75 Chairman asked the staff to brief the members on the cases PZ-14-80 and PZ-15-80 which were next on the agenda. 76 Mr Gero explained that these two cases dealt with changes to Ordinance #34, the Parking and Loading Ordinance. He further explained that the Commission had five options before them on the Ordinance These options were 1 Repeal the Ordinance 2 Repeal sections of the Ordinance. 3. Amend sections of Ordinance #34 that are problem areas. 4 Leave the Ordinance as it now is. 5. Initiate something else He pointed out that the new ordinances before them (Proposed Ordinance #58 and #62) were in draft form only and were to be used as work- ing documents. .... He informed the members that their comments on the parking issue had been considered and eval- uated and were summarized in the packet 77 Chairman called for comments for the newly proposed ordinances 78. Mr. Morvak told the Commission that Ordinance #62 seemed to be the best solution since it deleted the objectionable sections, but still allowed the option to put these sections back in at a later time when the City was better able to deal with the problems. 79 Mr Meyers told the Commission that they should not pass an ordinance simply for the sake of doing something, but if they were to do anything then Ordinance #34 should either be repealed or deleted in certain sections 80 Chairman called for additional comments. There being no additional comments, he called for the staff recommendation. 81. Mr. Gero commented that the City was in need of public comment on the various issues and due to the controversy surrounding the parking ordinance, the public was now aware of the need to par- ticipate in the local government. 011011 Page 9 - Planning and Zoning Commission Minutes of August 12, 1980 He added that this was an opportunity for the local citizens to participate in the process to amend an ordinance that they did not find acceptable He recommended that the Commission recommend Ordinance #62 to the City Council for their approval and also suggest that the Council appoint a committee of citizens to review Ordinance #34. 82 Chairman called for additional comments. 83. Mr. Steelsmith agreed that the issues were now confused and that the appointment of a citizen's committee to clarify and amend the ordinance was a good step for the City to take 84 Mr Kell asked if the new proposals would confuse the issues and muddy the waters further He felt that only Ordinance #62 should be recommended to the Council for approval with the stipu- lation that a committee with some expertise be appointed to investigate future alternatives 85 Mr Hudson agreed that the controversy on Ordinance #34 did get the public interested in the City and added that any ordinance could always be amended if found to be unacceptable to the community He added, however, that the City must have some kind of regulation now that could be amended ( to suit the situation at a later date. 86 Mr. Gero reminded the Commission that they had five alternatives from which to choose 87. Chairman called for additional comments. He added that the community had drawn the con- clusion that the parking and loading ordinance needed to be changed and, therefore, the Com- + mission was being responsive. 88 Mr Gero reminded the Commission that the City Council would consider the recommendations of the Commission, but would make its own decision regarding the ordinance He added that the Council may want to establish an interim ordinance and then appoint a committee to study Ordinance #34 when a new Zoning Ordinance is drafted. 89 Mr Kell asked why the recommendation must be by Com- mission Initiative 90 Mr Gero explained that the Proposed Ordinance #62 or #58 must be done in a formal manner 91. Mr Kell asked if it was necessary to make separate motions on the proposed ordinances. 92 Mr Gero explained that the Commission could deny one of the proposals and recommend approval of the other 93 Kell/Steelemith M/S to recommend denial,as a Commission rmitiative, of case PZ-14-80, also known as Proposed Ordinance #58, to the City Council. The motion passed 5-0 OIN Page 10 - Planning and Zoning Commission Minutes of August 12, 1980 94 Steelsmith/Kell M/S BE IT RESOLVED by the Planning and Zoning timmission of the City of Apache Junction, Arizona, that in case PZ-15-80, also known as Proposed Ordinance #62, by Commission Initiative, to delete subsections 21 02 (2), 21 03 (1) and 21 03 (17) of Ordinance #34 of the Apache Junc- tion Zoning Ordinance, that the Commission rec- ommends to the Apache Junction City Council the approval of said Ordinance The motion passed 5-0. 95. Mr. Kell asked if it was the proper procedure to rec- ommend to the City Council the creation of a Citizens' Committee to study the future of Ordinance #34 96 Mr Gero informed the Commission that they, as a recommending body, could suggest the Committee to the City Council 97 Steelsmith/Kell M/S BE IT RESOLVED by the Planning and Zoning Tommission of the City of Apache Junction, Arizona, that it recommends to the City Council, the appointment of a Citizen Study Committee to review Ordinance #34 at a future date, and that that date will be open to the discretion of the City Council The motion passed 5-0 98 Chairman stated that he would entertain a motion to take a short recess. 99 Kell/Hudson M/S to take a short recess The motion passed 5-0 100 Chairman recessed the meeting at 9 30 P.M. 101, Chairman called the meeting to order at 9 40 P M and asked the Executive Secretary to brief the members on the next case on the agenda 102 Mr Gero explained that the next two items on the agenda were Special Use Permits that Pinal County was requesting the Commission to review '-Ie further explained that both applicants were just outside the City limits and were for dog kennels. He advised the members that Pinal County had an Animal Control Ordinance that set forth regulations regarding the animals, as well as the construction and maintenance of the kennels. With regard to SUP-84-80, the application of Mr. Carothers, the property in question was five acres with the general area zoned CR-1 He added that there were no other people in the area, but that would change with the develop- ment of the Superstition Freeway. 103. Chairman called on Mr Carothers to present his case 104 Mr Carothers explained that he had owned the parcel of land for a period of time and was now in the process of constructing a new house He wanted the Special Use Permit to raise and train grey- hounds, Page 11 - Planning and Zoning Commission Meeting of August 12, 1980 He added that all of the regulations as set forth by Pinal County would be abided by The kennels themselves would be a block struc- ture and cyclone fencing would be around the kennels and along the runs 105. Mr. Steelsmith asked if it was necessary to renew and review ^ the permit on a year-to-year basis. 106 Mr Gero explained that the City presently had the practice of the one-year review. The Counts had the same practice, but did it in an infor- mal manner. He suggested that the Commission might add this review procedure to whatever their recommendation might be 107. Mr. Steelsmith questioned the practicality of the Special Use Permit due to the expense involved if someone complained about the dogs being a nuisance 108 Mr Carothers stated that he did not foresee any nuisance complaints since he would closely abide by the Pinal County regulations. 109. Chairman called for additional comments for or against the special use permit 110 Mr Hudson asked if there Raere any criteria established for issuing a kennel license. 111 Mr. Marston informed the Commission that the County re- quires a kennel license for more than three dogs on the premises 112. Mr Kell suggested that the Commission review both cases at the same time since they were so similar 113. Chairman asked the Executive Secretary to brief the Commission on case SUP-85-80. 114. Mr Gero explained that SUP-85-80 was the application of Mr Marston for a Special Use Permit to raise dogs on his property. At present, there is only one neighbor that might be affected by the use The propert) was 11.4 acres and was zoned General Rural. 115 Chairman called on Mr. Marston to present his case. 116 Mr. Marston explained that his property was 21 acres and that the kennel would be located on the south 11/4 acres The land to the south of his belonged to the Bureau of Land Management The two neighbors had no objections to his proposal He further explained that he wanted to raise the dogs to supplement his income and that the dogs would be used for show purposes and sale The County rules would be closely followed and that all of the kennels and runs would be fully enclosed by fencing 117 Chairman asked if there were any additional questions or comments There being no additional comments, he called for a motion ON ON Page 12 - Planning and Zoning Commission Minutes of August 12, 1980 118 Steelsmith/Kell M/S BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that it recommends to the Pinal County Planning and Zoning Commission the approval of Special Use Permits SUP-84-80 and SUP-85-80. The Commission, in addition, recommends the following stipulations for the granting of approval 1 That the applicant comply with the Pinal County Animal Control Ordinance 2. That Pinal County establish reasonable setbacks for the kennels to be set back from other residential properties 3. That the entire kennel area be fenced 4. That the Commission require an annual review of the application whereby, if it is determined that the kennels create a public disturbance that is detrimental to adjoining properties, that the Special Use Permit would not be renewed The motion on SUP-84-80 passed 5-0 The motion on SUP-85-80 passed 5-0. 119, Chairman announced that the public hearing section of the meeting was closed and asked if there was any old or new business to be discussed 120. Mr. Steelsmith asked what the status of the General Plan was. 121 Mr Gero informed the Commission that the bid package for the grant from the Four Corners Regional Commission should be ready by the end of the week This funding would provide information on plans for the City Hall Complex and Section 16, the inventory of non-conforming uses, more information on flood channels, land use poten- tials, waste water studies, transportation studies and a look at sewer systems. He added that he foresaw this as a project that would require 24 to 3 years to complete He called the Commission's attention to the packet information on the new Groundwater Legislation and urged that they get involved in the issue since the allocation designation could have a profound effect on the City 122 Chairman called for additional comments or questions 123. Mr. Hudson asked why it was necessary to establish a format for making motions at the meetings 124 Mr Gero explained that the Commission would be more professional and more effective if they had the proper form for making a motion before them He further explained, that by having the proper form available, that the members would be less likely to err in making motions and more likely to present a complete motion with appropriate reasoning to be presented to the City Council Page 13 - Planning and Zoning Commission Minutes of August 12, 1980 He added that the format was to be used as a guideline so that the official minutes of the meeting would contain a complete and formal motion made by the Commission members themselves 125. Chairman called for additional questions or comments There being none, he called for a motion to adjourn the meeting. 126 Hudson/Kell M/S that the meeting of the Planning and wing Commission of the City of Apache Junction, Arizona, be adjourned The motion passed 5-0 127 Chairman adjourned the meeting at 10 20 P.M. Respectfully submitted, Joseph Gero Executive Secretary App ved George jo, hair an. Planning and Zonin Commission r` PAGE ONE OF THREE CITY COUNCIL MOTIONS MEETING OF September 3, 1980 ACTION MOTION AGENCY DISPOSITION THAT THE AGENDA BE ACCEPTED AS PRESENTED. (AMENDED) THAT THE AGENDA` BE AMENDED BY DELETING ITEM 14, ANIMAL CONTROL. (MOTION CARRIED) THAT THE AGENDA BE APPROVED AS AMENDED. (MOTION AS AMENDED CARRIED) THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1980, BE ACCEPTED AS PRESENTED. (MOTION CARRIED) THAT THE READING OF ORDINANCE NO. 55, BE READ BY TITLE ONLY, AND THE ENTIRE READING OF THE ORDINANCE BE WAIVED. (MOTION CARRIED) THAT IN REZONING CASE PZ-7-79, APPLICATION OF JOHN Planning/ Notice mailed R. SCHUSTER, ALSO KNOWN AS ORDINANCE NO. 55, AN City Clerkto Mr. Schuster ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONIN; CASE PZ-7-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD) ; REPEALING AND CONFLICTING PROVISIONS; AND PROVIDING FOR SEVER- ABILITY, BE AND HEREBY IS APPROVED AND ADOPTED BE �+► IT FURTHER RESOLVED THAT THE REAR LOT LINE SETBACK OF TEN (10' ) FEET SHALL BE APPROVED INSTEAD OF THIRTY- FIVE (35' ) FEET; THAT THE APPLICANT SHALL PROVIDE FOR PROPER RIGHT OF WAY ON SCENIC STREET AND ROYAL PALM ROAD AS SET FORTH IN THE APACHE JUNCTION STREET CLASSIFICATION PLAN; AND THAT THE REASONS FOR APPROVAL AS PRESENTED BY THE PLANNING AND ZONING COMMISSION ARE INCORPORATED BY REFERENCE (MOTION CARRIED) THAT THE READING OF ORDINANCE NO. 56, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (MOTION CARRIED) THAT IN REZONING CASE PZ-12-79, APPLICATION OF ROBERT AND HAZEL LAWTHER, ALSO KNOWN AS ORDINANCE NO 56, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE �• PAGE TWO OF THREE CITY COUNCIL MOTIONS MEETING OF September 3, 1980 ACTION MOTION AGENCY DISPOSITION ZONING MAP, CHANGING THE ZONING DISTRICT CLASSIFICATICN IN REZONING CASE PZ-12-79 FROM GENERAL RURAL (GR) Planning/ Notice mailed TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD) ; City to Mr. Lawther REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING Clerk FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED; AND BE IT FURTHER RESOLVED THAT THE REAR LOT LINE SETBACK OF SIXTEEN (16' ) FEET SHALL BE APPROVED INSTEAD OF THIRTY-FIVE (35' ) ; AND THE REASONS FOR APPROVAL AS PRESENTED BY THE PLANNING AND ZONING COMMISSION ARE INCORPORATED BY REFERENCE (MOTION CARRIED) THAT THE READING OF ORDINANCE NO 57, BE READ BY TITLE ONLY, FOR THE SECOND READING. (MOTION CARPIED) THAT IN ZONING CASE PZ-12-80, ALSO KNOWN AS ORDINANCE Planning/ Notice to NO. 57, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, City Clk. Board of ARIZONA, AMENDING SECTION 2401 OF THE ZONING ORDINANCE; Adjustment. REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AS RECOMMENDED BY, AND FOR THE REASONS AS STATED BY THE PLANNING AND ZONING COMMISSION. (MOTION CARRIED) THAT THE READING OF ORDINANCE NO. 62, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED ,.� (MOTION CARRIED) THAT ORDINANCE NO. 62, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDI- NANCE BY AMENDING ORDINANCE NO. 34 BY DELETING SUB- SECTIONS 21 .02 (2) , 21 .03 (1 ) AND 21 .03 (17) ; RE- PEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. (MOTION CARRIED) THAT THE BINGO LICENSE APPLICATION FOR THE HAPPY City Clk. Approval DAYS MOBILE HOME PARK BE AND HEREBY IS RECOMMENDED recommendation FOR APPROVAL TO THE ARIZONA TAX COMMISSION. sent to Tax (MOTION CARRIED) Commission 9/5/8 THAT THE BINGO LICENSE APPLICATION FOR THE MERIDIAN City Clk Approval MOBILE HOME PARK BE AND HEREBY IS RECOMMENDED FOR recommendation APPROVAL TO THE ARIZONA TAX COMMISSION. sent 9/5/80 (MOTION CARRIED) PAGE THREE OF THREE CITY COUNCIL \ MOTIONS MEETING OF September 3, 1980 ACTION MOTION AGENCY DISPOSITION THAT THE READING OF ORDINANCE NO. 64, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (MOTION CARRIED) THAT ORDINANCE NO. 64, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA REPEALING CHAPTER 8, SECTIONS 8-5-23, 8-3-3.A.3. , AND 8-3-3.A.4 OF THE CITY CODE; AMENDING CHAPTER 8, ARTICLE 8-3-3 OF THE CITY CODE BY ADDING SECTION 8-3-3 (C) ; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILIT ; AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. (MOTION CARRIED) THAT THE READING OF ORDINANCE NO. 65, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READINt OF THE ENTIRE ORDINANCE BE WAIVED. (MOTION CARRIED) 0 THAT ORDINANCE NO. 65, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CHAPTER 4, POLICE DEPARTMENT, APACHE JUNCTION CITY CODE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. (MOTION CARRIED) THAT RESOLUTION NO. 80-29, REQUESTING THE ESTABLISH- MENT OF A DEPARTMENT OF ECONOMIC SECURITY OFFICE WITHIN THE CITY OF APACHE JUNCTION TO PROVIDE SERVICE TO THE RESIDENTS OF THE CITY, BE AND HEREBY IS ADOPTED. (MOTION CARRIED) THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON THE 17TH DAY OF SEPTEMBER, 1980, AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. (MOTION CARRIED) THAT THE MEETING BE ADJOURNED AT 8.25 P.M.