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HomeMy WebLinkAbout1980 10.01 City Council Regular Agenda ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF V MOTION BY: SECONDED BY : YES NO ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO ✓ COUNCILMAN EIDSON / COUNCILMAN HILL / COUNCILMAN SHANKS / VICE-MAYOR GRANILLO / MAYOR SEEMAN UNANI OUS IN FAVOR OPPOSED ABSTAINED TOTAL: /. ::'+: 34 r.I\ ITEM NO, 1 BF IT RESOLVED BY ' HE mAYUR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THA1- THE AGENDA BE, AND HEREBY IS, APPROVED AS PRESENTED, r. CITY COUNCIL MINUTES REGULAR MEETING September 17, 1980 The regular meeting of the City Council of the City of Apache Junction was held on September 17, 1980 at the Apache Junction Council Chambers, pursuant Amk 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 Councilman Eidson gave the invocation PLEDGE OF ALLEGIANCE Councilman Damiano led in the Pledge of Allegiance. ROLL CALL Councilmembers Present: Councilman Norman Hill, Councilman Jimmy Eidson Councilman Thomas Damiano, Councilman Jerry Burgess, Vice Mayor John Granillo, and Mayor Virginia Seeman Councilmembers Absent Councilman Marie Shanks Staff Present Rich Oesterle, City Clerk Marlis J Davis, Director, Administrative Services Lt Ed Seder, Department of Public Safety Richard Broman, Director of Public Works Joe Gero, Director of Planning Michael Curtis, City Attorney Susan Goodwin, Assistant City Attorney Ask Others Present Michael Whiting, Central Arizona Health Systems Agency Barbara Peck, Chairman, Apache Junction Special Study Committee William Early, President, Western States Consulting Group Harvey Morrison, 1834 W Roundup, Apache Junction ACCEPTANCE OF THE AGENDA Vice Mayor Granillo 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 VOTE Unanimous The motion carried ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF SEPTEMBER 17, 1980 ) Councilman Damiano 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 SEPTEMBER 3, 1980, BE AND HEREBY ARE, ACCEPTED AS PRESENTED f Councilman Eidson seconded the motion VOTE: Unanimous The motion carried. AWARDS, PRESENTATIONS, AND COMMUNICATIONS114 Mayor Seeman presented a Certificate of Appreciation to Mrs Castro for her dedicated participation and leadership on the Citizens for Incorporation Committee Mayor Seeman stated she had received from the Office of the Governor a letter thanking her for receipt of a copy of the program budget. She added she had written letters to the Department of Transportation and Mountain Bell requesting more services for the citizens and she had received responses from the Arizona Department of Transportation stating they were running a feasibility study, and that they had increased hours for obtaining drivers licenses. Mayor Seeman added she has received a telephone call from Mountain Bell stating they will be placing a business office in Apache Junction. The Mayor further :3 stated she has communicated with the School Board requesting a student observe City Council meetings and was informed her request would be put before the School Board on October 2, 1980 Mayor Seeman stated KSTM airs "City Hall Spot-light" at 7 00 a.m. and 8 30 p m. on Sundays and the scheduled guests this coming Sunday will be Chief McDaniel and Lt Seder who will speak on the various ways the City's residents can use their police department She stated this is being done as a service to the community CALL TO THE PUBLIC Mayor Seeman recognized Michael Whiting and Barbara Peck of the Central Arizona Health Systems Agency -- Apache Junction Area Study which was done a few months ago. She stated the study will be available in the Mayor's office for review Michael Whiting,Central Arizona Health Systems Agency, stated a special study committee on Apache Junction was organized to respond to some of the needs of the area, to analyze the health needs r111141 and demographics of the area, and to analyze the strengths and weaknesses as they relate to health care and medical care facilities and services. He stated additionally they looked at alternative type options or approaches to solving- some of the problems that might have come up during the study Mr Whiting stated the committee meetings determined, after assessing the information presented, that low income medical health transportation, long term care, behavioral health and emergency services appear to be the needs which were most frequently encountered in the review of the data presented. Subsequent meetings determined the needs of Apache Junction were being met in the areas of Behavorial Health and Emergency services Barbara Peck, Chairman, Apache Junction Special Study Committee,stated the recommendations being brought before the Council are made in hope the City will use and follow through with them. She stated the recommendation is that the City Council appoint a task force on health services to provide the continuity required to follow through and pursue appropriate alternatives and solutions as recommended by the special study committee Mayor Seeman stated she served on the committee which was comprised of a group of dedicated people and added the input would be very valuable. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE TWO Councilman Damiano stated he attended the fourth public hearing held and he was disappointed that there were very few people who did show up He stated he would like to see many people attend an important function of this type and become involved Mr Whiting stated his office would be ready and available to assist the City Council and the task force Oak any time necessary A Mayor Seeman stated that any citizen interested in serving on the committee should give their name to City Hall who would forward the names to the Council for appointment CITY MANAGER'S REPORT City Clerk Rich Oesterle stated there were two items to report, the first being that the nomination packets are available from the Clerk's office for the scheduled regular primary election on March 24, 1981 He stated any interested Apache Junction resident who is or will be at least 18 years of age at the time of the election, a resident of the City for one year, and a qualified elector at the time of election is eligible to run for the City Council For the second item, Mr Oesterle called upon the Director of Planning for a brief explanation of the aerial photograph that has been placed on the wall in Council Chambers. Director of Planning Joe Gero explained that the aerial map photographed August 20, 1980, gives a specific point of reference whereby the City will be able to determine whether or not some particular physical structure was existing on the land within the City of Apache Junction on that specific date. He stated this would be most valuable to the City in both protecting the rights of citizens to not have non-conforming uses next to them, and also anyone who might have a pre-existing grandfather right would have it identified on this particular picture ( PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS PROPOSED ORDINANCE NO 60, PZ-11-80 GLEN MC CLAIN REZONING (SECOND READING) Mayor Seeman asked Mr Gero to address whether or not there are any other uses for this particular parcel of property Mr Gero stated he could foresee a number of uses where highway frontage might be valuable on the site such as the possibility of motels, hotels, office buildings, etc. Mayor Seeman asked if it would be considered spot zoning Director of Planning Joe Gero stated in this particular case the parcel, noting the various approximately 1000 feet between the intersection of the section line road, may or may not be considered a spot zone He stated his original thought was that it might be because looking at the CB-2 coming down it might be considered an extension of it; however, the whole area is virtually undeveloped and there is no idea of what will be in the particular location REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE THREE Mayor Seeman asked Mr McClain what proposed usage he had planned for the property Mr. McClain stated it would probably be some small office buildings. Mayor Seeman stated CB-2 covers a variety of things, she asked if the Council had any questions. ( •small office buildings need a CB-2 zoning. Councilman Damiano asked if Director of Planning Joe Gero stated that Article 15, Section 1501, page 34 indicates that small offices are for business, professional, or semi-professional uses, and are permitted in CB-1 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 60, BE READ BY TITLE ONLY AND THAT 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 the title of Ordinance No 60, for the second reading City Clerk Rich Oesterle read as follows ORDINANCE NO. 60, AN ORDINANCE Il 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 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-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, 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 Councilman Hill seconded the motion. VOTE In favor -- Councilman Eidson Councilman Hill Councilman Burgess Councilman Damiano Vice Mayor Granillo Opposed -- Mayor Seeman The motion carried. PROPOSED ORDINANCE NO 61, PZ-13-80 JAMES LINDSEY REZONING (SECOND READING) Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE 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 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE FOUR Councilman Hill seconded the motion VOTE Unanimous The motion carried Mayor Seeman called upon the Ask City Clerk to read the title of Ordinance No. 61, for the second reading. 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. Councilman Damiano MOVED THAT 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 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; BE AND HEREBY IS ADOPTED Councilman Eidson seconded the motion. VOTE Unanimous The motion carried. PROPOSED ORDINANCE NO 59, PZ-10-80 GARTH ASLETT REZONING (FIRST READING) Mayor Seeman called upon the Director of Planning Joe Gero to give some background into the rezoning. Director of Planning Joe Gero oak stated the public hearing would be at the next meeting and has been advertised for the meeting of October 1, 1980, at 7 00 p m Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No 59, for the first reading City Clerk Rich Oesterle read as follows 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 PROPOSED ORDINANCE NO 67, INDEMNIFICATION OF OFFICERS, EMPLOYEES, AND COUNCILMEMBERS (FIRST READING) Mayor Seeman asked if there were any questions on this item Councilman Damiano asked that the City Attorney briefly address the item REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE FIVE City Attorney Michael Curtis stated the indemnification resolution is a provision that is found in the Arizona Revised Statutes whereby various governmental, municipal, and private non-profit corporations, who have what they believe to be adequate insurance programs are not surprised by finding that insurance companies in the midst of a matter will say they are unfortunately not covered in a particular instance. Mr. Curtis stated this City has an adequate insurance program, however, to provide for a citizen to participate without risk or fear that their personal business will be in jeopardy ^ should for some reason there be a gap in the insurance coverage, the attorney is recommending that the indemnification provision be adopted. He stated it is a provision provided by state law and enacted by most private, non-profit, and other corporations. He stated the City feels it is an added safeguard for any citizen who wishes to participate in City government that they be able to do so without fear that they will suffer a personal loss in the event that some matter is not covered by insurance Mayor Seeman added this resolution would cover the Boards and Commission members who are donating their time in the interests of the City City Attorney Curtis stated he would recommend to those citizens who sit on non-profit hospital, church, and other boards, carefully consider utilizing the same type of resolution to provide for them when they volunteer their services on behalf of their fellow community ,'r members Mayor Seeman called upon the City Clerk to read the title of proposed ordinance No 67 for the first reading. City Clerk Rich Oesterle read as follows 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. Mayor Seeman stated the Ordinance will have its second reading at the next meeting of the City Council. PROPOSED ORDINANCE NO 68 ANIMAL CONTROL (WITH EMERGENCY CLAUSE) ) ^ Mayor Seeman asked if the City Attorney would like to address this item Assistant City Attorney Susan Goodwin stated most of the changes are structural to make the ordinance more workable and the section on the addition of licensing fees has been added She agreed that there was no increase in the fee schedule Mayor Seeman asked if it was correct that animal control was holding animals for seven days rather than 72 hours. Lt Ed Seder of the Police Department stated the ordinance stipultes that animals will be kept for 72 hours but they have been held longer than that if contact can be made with the owner to pick up the animal Vice Mayor Granillo read _ Article 6-3 Dogs, Section 6-3-5 Impoundment ". . . each unlicensed dog to be kept and maintained for a minimum of three days." 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. 68, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE SIX oink Vice Mayor Granillo seconded the motion VOTE Unanimous The motion carried. ormak Mayor Seeman called upon the City Clerk to read Ordinance No. 68 by title only with the emergency clause Je City Clerk Rich Oesterle read as follows 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 Councilman Damiano stated that the Ordinance is lengthy, he invited the public to read the Ordinance at City Hall. He stated because of the length he would not request the City Clerk read the Ordinance Councilman Damiano MOVED THAT BE IT RESOLVED BY 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 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 AND HEREBY IS ADOPTED Councilman Hill seconded the motion VOTE: Unanimous The motion carried. PROPOSED ORDINANCE NO 69, FORMATION AND SUMMONING OF JURIES (WITH EMERGENCY CLAUSE) 1M\ ) Mayor Seeman stated the purpose of this ordinance is to bring the City into compliance cith A R S 22-426 and to provide that potential jurors will be selected from voter registration lists furnished by the County Recorder's office. Vice Mayor Granillo asked if jurors were supposed to be selected from the motor vehicle registration. Assistant City Attorney Susan Goodwin stated Vice Mayor Granillo was correct as far as Superior Court was concerned, however, the Statutes specifically state that voter registration lists may be used for the City Court 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 69, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilman Hill seconded the motion. VOTE In Favor -- Councilman Burgess Councilman Eidson Councilman Hill Vice Mayor Granillo Mayor Seeman Opposed -- Councilman Damiano REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE SEVEN es The motion did not receive the required unanimous consent of the Council, therefore, the proposed Ordinance was required to be read in full Mayor Seeman called upon the City Clerk to read the proposed Ordinance in its entirety City Clerk Rich Oesterle read as follows 0111 ORDINANCE NO. 69, AN ORDINANCE! S OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 5, MAGISTRATE COURT BY ADDING ARTICLE 5-4 FORMATION AND SUMMONING OF JURIES, JURORS PAY; PROVIDING FOR SEVERABILITY, PROVIDING 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 220-426(B). C EACH JUROR SHALL BE PAID BY THE CITY FOR EACH DAY'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 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINACNE NO. 69, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 5, MAGISTRATE COURT BY ADDING ARTICLE 5-4 FORMATION AND SUMMONING OF JURIES, JURORS PAY; PROVIDING FOR SEVERABILITY, PROVIDING FOR PENALTIES, AND DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED. Vice Mayor Granillo seconded the motion VOTE Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL f7DTE',OrD '7 1000 PAGE EIGHT omik r PROPOSED RESOLUTION NO. 80-30, CHANGING THE SPEED LIMIT ON TOMAHAWK ROAD Mayor Seeman asked the Director of Public Works to give some background on the item Director of Public Works Richard Broman stated his office was contacted by the Pinal County Sheriffs .^ office who said the two speed limits, one twenty-five miles per hour on Tomahawk Road south of the highway, and another forty-five miles per hour on Tomahawk closer to Southern Avenue were creating an enforcement problem in their jurisdiction south of Southern The sheriff's department recommended that the City's department of Public Works recommend to the Council that the speed limits be changed to be consistent south of the Highway to Southern Avenue He stated that as a result the Public Works Department has submitted a recommendation to the City Council that the speed limit be changed to be consistent at thirty-five miles an hour south of Highway 60 on Tomahawk Road to Southern Avenue. Mayor Seeman called upon the City Clerk to read the title of Resolution 80-30. City Clerk Rich Oesterle read as follows 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 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT 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, BE AND HEREBY IS, ADOPTED Councilman Burgess seconded the motion VOTE: Unanimous The motion carried. r\ AWARD OF BID -- PROJECT PL-80-1 APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS ) Mayor Seeman stated the City has advertised for bids to be submitted for professional services as outlined in a recently approved Four Corners Regional Commission Grant She asked Mr. Gero to brief the Council on the item Director of Planning Joe Gero gave an in-depth explanation of the bid process as it pertained to Project PL-80-1 Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT PRC TOUPS IN THE AMOUNT OF $42,000 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 AWARD 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 Councilman Damiano seconded the motion Mr William Early, President, Western States Consulting Group, addressed the item, voiced his disagreement with the motion, and requested the Council reconsider the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE NINE es Director of Planning Joe Gero gave an explanation of the reasoning behind the recommendation being made to the City Council. VOTE: Unanimous The motion carried. 111;41k PROPOSED RESOLUTION NO 80-32, OFFICIAL STREET NAMING MAP (DISCUSSION AND/OR ACTION ) Mayor Seeman stated that she has been contacted by many citizens on this item and she felt that the appropriate action by the Council would be to ask the Planning and Zoning Commission to form an ad hoc committee to work on the street names Councilman Damiano addressed the item and indicated he would not like to have the street names changed again Mayor Seeman MOVED THAT BE IT RESOLVED BY‘THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, 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 ;f COMMISSION FOR THEIR ACTION Councilman Damiano seconded the motion. City Planner Joe Gero gave information to the Council pertaining to the reasons for renaming of streets. Mr. Harvey Morrison spoke ( against changing street names. l{t VOTE Unanimous The motion carried Mayor Seeman called a fifteen minute recess Mayor Seeman called the meeting back to order at 8 35 p m PROPOSED RESOLUTION NO 80-33, FEDERAL PATENT LANDS WITHIN APACHE JUNCTION ) Mayor Seeman stated the Pinal County Board of Supervisors, prior to incorporation, accepted all federally patented easements within their jurisdiction by resolution. There has been a need to ask the attorney for an opinion in reference to federal patent lands She stated the response from the City attorney included a recommendation that an official act of the City accepting federally patented reservations be taken. Mayor Seeman called upon the City Clerk to read the title of Resolution No 80-33 City Clerk Rich Oesterle read as follows 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 RESOLUTION; AND DECLARING AN EMERGENCY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE TEN Ask .4001k Councilman Burgess MOVED THAT 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 RESOLUTIONS, AND DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED. Ask Councilman Hill seconded the motion VOTE: Unanimous The motion carried EXECUTIVE SESSION OCTOBER 1, 1980 Councilman Damiano 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 OCTOBER 1, 1980, AT 6 00 P M IN THE CITY MANAGER'S CONFERENCE ROOM Vice Mayor Granillo seconded the motion VOTE Unanimous The motion carried INFORMATION AND REPORTS Mayor Seeman stated there are many animals at the shelter in need of homes. ( City Attorney Michael Curtis It stated that the City Attorney's office has received from an anonymous donor, $500 as a reward for information leading to the arrest and conviction of the persons responsible for the vandalism of the automobile of Mr and Mrs Castro with the request by the donor that in the donor's opinion the funds be set up because of what the donor referred to as "Nazi or Communistic intimidation attempts"at the exercise of free speech by members of this community. Mr. Curtis stated the donor felt that this community ought not to allow that type of behavior, whether it was direct behavior or perhaps even behavior of juveniles influenced by adults. He stated the Attorney's office would turn over the money, hopefully with the cooperation of the newspaper in town and ask them to hold it because it was understood there might be other people wishing to contribute He said all information should be sent either in letter form or by phone to Lt. Seder at the Apache Junction Police Department and the Apache Junction Police Department will review the infor- mation to determine whether it is legitimate or not He added that anyone wishing to be anonymous in the turning over of this information would have their anonymity respected depending upon the requirements it might take to lead to arrest or conviction. Councilman Damiano commended the public works department on their performance on the night of the last storm. Councilman Hill also voiced his appreciation of the work done by staff and various committees within the City Councilman Damiano spoke in defense of the Department of Public Safety He stated the City's police response time is quicker than that of the County when they were responsible, and that they are polite Mayor Seeman stated the Archie Lowe case will not be held on Monday in Superior Court, it will be held in two or three weeks. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE ELEVEN REQUESTS OF COUNCIL Mayor Seeman directed the City Clerk to prepare for the election ballot staggered terms for the City Council to be put to the vote of the people ADJOURNMENT Vice Mayor Granillo MOVED THA BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZO1 ( THAT THE MEETING BE ADJOURNED AT 8:50 P.M If Councilman Burgess seconded the motion VOTE: Unanimous The motion carried The meeting adjourned at 8.50 p m APPROVED THIS DAY OF , 1980 BY THE MAYOR AND CITY COUNCIL VIRGINIA SEEMAN Mayor ATTEST l RICH OESTERLE City Clerk • REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1980 PAGE TWELVE ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: `/ SECONDED BY: 0 YES NO . ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN 3URGESS - COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN -/7 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, IHAI THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17, 1980, BE AND HEREBY ARE, ACCEPTED AS PRESENTED, PUBLIC HEARING I . THIS IS THE PUBLIC HEARING FOR PZ-i0-80, Ordinance No. 59 THE APPLICANT IS Garth Aslett 2, WOULD THE PLANNING DIRECTOR PLEASE BRIEF THE CITY COUNCIL AND PUBLIC TO THIS PETITION , 3, IF THE APPLICANT OR SPOKESMAN FOR THE PETITION IS PRESENT, WOULD THEY PLEASE PRESENT INFORMATION THEY HAVE REGARDING THIS PETITION AT THIS TIME, 4, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE PETITION? (RECOGNIZE ONE AT A TIME) 5. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN OPPOSITION OF THE PETITION? (RECOGNIZE ONE AT A TIME) 6, CALL UPON THE PLANNING DIRECTOR FOR HIS RECOMMENDATIONS , 7 , ANY REBUTTAL CIF CONTROVERSY - OR NEED - CHAIRMAN 'S JUDGEMENT) A. APPLICANT B. IN FAVOR C. OPPOSED ..•, .•. (-,fACHE. 4 x . U �t)1''' ( Z gR/Z0Np. COity o &4/Jac1 e &unction September 10, 1930 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL , ....- THROUGH. RAY LEE, CITY MANAGE FROM: JOE GERO, DIRECTOR OF PLANNINGJAdd SUBJECT: AGENDA PLACEMENT ITEM PROPOSED ORDINANCE NO. 59 (PZ-10-80) FIRST READING ONLY PUBLIC HEARING 10/1/80 (Second Reading) 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-:/0-3° The applicant has approved signatures representing• FOR ACZNDA OF Q_. -l1 g° 70% of the area �. "" 71% of the affected property owners (5 of 7) ,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. _ _ r�P'�t�`-c7 ON g��Nig) ITEM N . -- PUT 'C. /-TEARING V PU:i 'O HEARINGOLD OLD "US;NESS "�` -""------ --- NEW BUSINESS Ns'// iSIN[S / . 1.50-NORT�4.00OTALO • POST OFFICE B0)1:IC ,S ,C�I'fi ON,ARIZONA 85220 • TEt.EPHONiN+ Y9 QTS 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. 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: is /Mk 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. v .3 ,:, t_-1 7,90 ,..4.,:!_z-,f) \\........ `Oity o c94pache 'uncfion September 25, 1980 Mr. Vincent Matousek Desert Village Mobile Park 130 South Crismon Road Apache Junction, Arizona, 85220 RE: PZ-10-80 (Proposed Ordinance #59) Dear Mr. Matousek On Wednesday, October 1, 1980, the City Council of the City of Apache Junction will hold a public hearing on your above requested rezoning. At this time, the Council will vote on the issue of rezoning your property from Single Family Residence (CR-1) to General Business (CB-2) . You are urged to attend this meeting in order to answer any questions that the Council members might have regarding your request. �. The meeting will take place at 7:00 P.M. at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona If you have any questions on this matter, please contact Mr. Joe Gero, Director of Planning, at 982-8002. Sincerely, f /7PZdeesie.. ..-, Rich Oesterle City Clerk RO/kmc cc• Director of Planning Zoning Administrator inn. N('1' 1 m,,v.1 r. , 7s' .s.' E a'"v .n-.- _ ......"°. ` • .. "nn`, QS•. ern" p 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), /S 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 South 1 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 _ Mayor ATTEST City Clerk APPROVED AS TO FORM City Attorney Amok PZ- IO- 80 ASLETT ( PROPOSED ORDINANCE NO 59) LOST Du re Win " BwG, C, R-1 CR-1 1 / CR-I '3ai / / 4 33 CR-1 33 g3tC'r 33 ' i,NDso d Sr 'if /R-/ //// 33 f--33 i 33 ) 33' CQ-1 CB-,2 oD 1,41 cR-I 4- 7C. fJ 0 00' 600 / ..veA 300 `i.4 O� 2 Y /'1��U x 7 p-- i' k L '•1',. Xr q,p1ZONP cOZt y On &4pac,J- a unction , August 7, 1980 MEMORANDUM TO PLANNING AND ZONING COMMISSION FROM: JOE GERO, DIRECTOR OF PLANNING •'M° , SUBJECT. REQUESTED REZONING PZ-10-80 (CR-1 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. r+ 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 /N0 ON June 12, 80. pp 1 'The planing and Zning Dpt. Apache Junction, Pinal Cty. Arizona. r Request for Rezoning of Property. The undersigned Petitioner herewith requests a rezoning of property described as lacal: Si of the IE* - NW NV*, Section 15, T 1 N - R 8 E, GZSR&M, Pinal County Arizona, from existing Cr-1 to CI-1 , (with owen 4laterwell. ) The Petitioner plans to use the above indicated Y 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 Apache Junction, but also grate Enjoyement to People, especialy to the Youngsters. Therefor I do 'oeliev, that the Idea of this kind of Project should be ruther suported then deny. ON 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 . fi &oem, . ' llit-79 S rel* 4 Vincent J. atousek 139 So. Crisman Rd. Apache Jet. AZ 85220. Tel. 9864070. /1 rrff Grti4 ,. . /i4l `--� 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 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 ot'er 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 o:•+rers 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 sucn 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 prevo)L SI « as 6T mont Garth t.Slett e „ I,\ ef4 �a�, Edith Aslett , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent rezone the property described below from CR-1 to LOCATION. LEGAL. S3 of the N ,: -7iv P';r7, Section 15, T1 T_R3,, , a, n I County, r'rizona SOME USES PERMITTED IN PROPOSED ZONING DISTRICT. Outdoor Recroitional 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 on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL a '"! / �!/111r•C 4) c��jjam_j l_ ( ',`//:ore -� r f/ 1 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 zoned by filing with the City Clerk the proposed amendment, a petition in favor of such change, and also the written corsents of at least 51% of the owners, by number and by area, cf 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 o:tiners 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 prey is 6 mont. Garth ti�lett I CIA!. I,\ �' l`( l' F=' ! sdith isle t , being the (owner or having power of aftorrey for the owner or owners) hereby indicate (my) (their) intent rezone the property described below from GP-1 to LOCATION JU't• in 1,, _1 -� f \t lullLEGAL• of th' n SOME USES PERMITTED IN PROPOSED ZONING DISTRICT (:ut,400r ,trio+ur, 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 SIC^*nTUo.F LOT BLOC,{ S1MBOL 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 SIGNATURE LOT BLOCK S` %1BOL 72 ,7}/ SIGNATURE OF PERSON CIRCULATING' RETITION AFFIDAVIT STATE OF ARIZONA ss COUNTY OF PINAL On this 15r. i�' day of 1�/��';? ,19 c�; personally appeared before me L I i ,, `�/ "� ��;r.,--e; �:C�� (% 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 beign requested 111c I It ))) Oa- n d t 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 C 2-1 To. ty's�`=1- 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) . , , 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. 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. Attach any supporting_information, statements or plans* to this 't 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 pr representative) ( ddress) (P one) �`,sti.a1 'L (14-A.�t1 , -(4> -7; 7 - . - (Name o and owner) (Address) (Phone) • • (Name & Address of person to whom petition & notices should be ,k mailed) X (Signature of applicant) (Date) *Note Plans are required when application is filed for following. Special Use Permits under Section 2302; Area & Neighborrood _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 .� i itnr U GENERAL KNOW ALL MEN BY THESE PRESENTS That."' of 6.01i T',''11R II - II II - , u hava made, constituted and appointed, and by these presents do hereby make, constitute and appoint Vinc'nt J. , ?tou^^.':i of 1 >. Cr'_-::on Poe ., ='? �l'•e JTL1xu t7.Q.n., Our true and lawful attorney for and in His name place and stead,and for C.i r use and benefit, ^D :.eean r ; G-f cual The S o f the `T? -.I „—ii I'-2 3ecti o'i 1 j� T1'i-R8J.]. G SR,c:_< Pin_1 Coun ty, Arizona, 1, th3 C:ty Rr i DE yhp Only. to ask, demand-sue fo,, recover-collect-and--receive-all-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 every kind of business of what I ` 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- saev-or-proper--in-the-prem ises.— GIVING AND GRANTING unto_,irisaid Attorney T.he full power and authority to do and perform all and every act and thing whatsoe\et 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 the said Attorney -^' er .ttorney shall lawfully do or cause to be done by \irtue of these presents IN WITNESS WHEREOF, _ - { ha\e hereunto set GY:G2- hand.a:' , the day of l4!.!/ , one thousand nine hundred and,e.. t/ :-left: Forms Int. 31 1\r.st\l,di»n Slice t Phoenix Arizona 8n003/253 5612/Form 32 1 , STATE OF ARIZONA, 1 County ot{1 Ic<J. `..?-1. .. SS. 1 On this the 1''h day of 0 i‘.44 19 0 , before me\ '1/ /1 te) , the undersigned, a Notary Public, personally appeared- :2.I1_? .... �- • 'mown to me (or satisfactorily proven) to be the persons «hose name:,r' subscribed eill\ to thr AtIthtn instrument and acknowledged that _e.hey; executed the same foi the pur- poses therein contained In witness whereof I hereunto set my hand amend official seal C :ssr:41? e_ !me,,i My Commission expires ! ,.1,:<,-I f G' Notary Public i ) , tt f' ,--,^ • ,..:.-.0 W U J li �-a3' Z-1 3 0 • U U U .. " , ° ase �1 fYr ��' j!; ,,>,E"O tii AR • • 0 O r U U W ,. w • u t0 r c , - o �z ' gA s' 3 � : i�. r F. n rop,cHE,---; ......., ....., „, C,, eiv- ..„), , ,q4/ZOVIPs Vity U @ ipac`2e "cO2LnCtzon July 31, 1980 TO. Executive Secretary, Planning & Zoning Commission FROM. 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 CI-1. We could, however, support rezoning to PD for the proposed recreational center, 6;;> -‘7)4uieI Leo Fraiier Jr. , Zoning Administrator LF•sw --- .-_,,.,, „ --.-. -.- Ar-uc !UNCTION ARIZONA 85220 • TELEPHONE (602)98" .A!5a From the desk of 1� CHIEF HARVEY VE Y 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. ems 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. C I/ t Chief .Harvey Mill Apacht Junction Volunteer Fire Department ROLL CALL VOTE SHEET NOTES 94\ ITEM # 3 MEETING OF r, MOTION BY: SECONDED BY: �� YES NO ABSTAIN COUNCILMAN EIDSON_ V COUNCILMAN SHANKS V// COUNCILMAN HILL COUNCILMAN BURGESS �• COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES C 7k5 ITEM # MEETING OF MOTION BY: SECONDED BY: YES N ABSTAIN C COUNCILMAN SHANKS_ COUNCILMAN EIDSON COUNCILMAN BURGESS COUNCILMAN HILL COUNCILMAN DAM I ANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO. 3 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO, 59, BE READ BY TITLE ONLY, AND THAT THE READING OF IHE 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, 59, FOR THE SECOND READING , BE I [ RESOLVED BY THE step 3 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; 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 FOR APPROVAL A. ITEM NO. 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF IHE CITY OF APACHE JUNCTION, ARIZONA, THAT IN THE APPLICAIION OF GARTH ASLEIT FOR REZONING CASE PZ-10-80, ALSO KNOWN AS ORDINANCE NO, 59; AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING IHE APACHE JUNCIION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING IHE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-10-80 FROM SINGLE FAMILY RESIDENCE (CR-1) TO GENERAL BUSIN_E_SS (CB-2) ; REPEALING ANY CONFL AND PROVIDING FOP SEVERABILITY; BE 8ND HEREBY I,,DENIED, FOR DENIAL PQp.CHE .. .. ,,, f \ r v \, qR/ZprIP V itt' o. 04puche 2unction 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. - ----...... PUBLIC HEARING jdt __ OLD BUSINESS Second Reading !0'I IKO _ NEW BUSINESS Item No. ---- INFO/REPORTS APPROVED ON t11111.1..: .Q. `f.'a AGENDA OF .91171_20 1001 NORTH IDAI4 6E-8OX iC-,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 PIN 0.111N 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. i 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 i 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. eiN 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, by itself, 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 eiN ON 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 3= 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 i defense of any claim, issue or matter therein, he shall be 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. 1 2. If a quorum is not obtainable, then in a 1 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. /IIS /11S 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, )1174 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 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. i_r 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 Amw ATTEST. CITY CLERK APPROVED AS TO' FORM. �CLiI\�J y ‘ ttorney L. ROLL CALL VOTE SHEET NOTES • ) \ 4eC ITEM # MEETING OF MOTION BY: SECONDED BY : ri YES NO , PESTA 1 N COUNCILMAN DAMIANO ✓ COUNCILMAN 3UR'ESS ° _ COUNCILMAN EIDSON / COUNCILMAN HILL // COUNCILMAN SHANKS / VICE_—MAYOR GRANILLO MAYOR SEEMAN l UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES \ 41 3 ITEM # MEETING OF / MOTION BY: SECONDED BY : YFS NO ABSTAIN COUNCILMAN BURGESS ` COUNCILMAN DAMIANO ✓ COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS / VICE-MAYOR GRANILLO " MAYOR SEEMAN UNANIM US IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 4 Step i BE IT RESOLVED BY I HE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARTZONA, THAT THE READING OF ORDINANCE N►O, 67, BE READ BY TTTLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED, (NOTE• This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full . ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE Nr . El, FOP THE SECOND READING, •Step 3 BE IT RESOLVED BY I HE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, APIZONA, THAT ORDINANCE NO, 67, AN ORDINANCE OF IHE CITY OF APACHE JUNCTIfli'i, APIZONA, ADDING ARTICLE 2-10, INDEMNIFICATION OF OFFICERS, EMPLOYEES, AND COUNCIL MEMBERS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING FOR SEVERABILITY, BL, AND HEREBY IS, ADOPTED, FOR APPROVAL ITEM NO, 4 BE IT RESnLVED BY THE MAYOR AND CITY COUNCIL nF THE CITY OF APACHE JUNCTIfN, AR.IZON' , THAT_ORDINANLE NO. 6/, AN ORDINAANCE OF tHE CITY OF APACHE JUNCTION, ARIZONA, ADDING ARTICLE 2-10, INDEMNIFIC:ATInN OF nFFICERc, LM°LnYEEP, AND COUNCIL MEMBERS, PROVIDING FnR THE REPEAL nF CnNFLICTING ORDINANCES, AND PROVIDING FOR SEVERABILITY, BE,_AND-H€-R€ Y--IS, DENIED, FOR DENIAL (SACHE. Gti .� ..(lam U `X Z cp &4ac/2e &unction September 5, 1980 MEMORANDUM TO: City Clerk THRU: City Manager FROM: Director of Public Works SUBJECT: Flood Control This office was contacted by the Flood Control District of Maricopa County, Mr. Sid Brase, who requested a place on the next Council agenda to explain the Buckhorn-Mesa Flood Control Project to the City Council and ask for their support. (Please confirm so that Mr. Brase can schedule his attendance in advance.) Attached is a brochure that explains the system of structures. As the Apache Junction and Weeks wash flood retarding structures will have significant impact on this community. This office be- lieves the benefits outweigh the adverse effects and recommend support of this project. A resolution is attached for consideration. RWB/an attach. ITEM No. PUT!C HEARING Oi D BUS''!ESS NEW BUSINESS - INFO/REPORTS APPROVED ON. q - -� FOR AGENDA OF I . CITY MANAGER- 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION ARIZONA 85220 • TELEPHONE(602)982-6154 BUCKHO RN-MESA WATERSHED PROJECT This FRS will operate independently eral funds are made available through problems that will be permanent if spe- Floodwater will be released at a con- Public Law 566 The Flood Control Dis- cial features are not included in the A SYSTEM OF STRUCTURES trolled rate from the FRS into Weekes trict of Maricopa County and the Pinal design and construction stages One of Wash This water flows towards the County Board of Supervisors are res- these is the esthetic problem that con- Gila River ponsible for the other funds. The es- struction of a FRS can create Another The Buckhorn-Mesa Watershed is one timated total expenditures are $9.4 problem is scarred, denuded borrow areas of five interrelated flood prevention In the central section the remain- million from other funds and $25 6 which could result from the excavation watershed projects in eastern Maricopa ing four FRS will work as a unit to million from Public Law 566 funds The of earth The Soil Conservation Ser- and northwestern Pinal Counties The provide flood prevention Floodwater grand total is $35 million. vice has employed an architectural firm five projects: the Magma, Lower Queen will be released at a controlled rate to help find ways to overcome these Creek, Williams-Chandler, Apache Juno- from each FRS into a connecting flood- permanent environmental problems Land- tion-Gilbert, and the Buckhorn-Mesa are way HOW WILL IT BE INSTALLED? scape architects have developed a de- designed to reduce floodwaters and re- sign for the Spook Hill FRS Designs suiting damage in these watersheds The last floodway - Spook Hill How long will installation take', will be developed for other structural Floodway - will outlet into a natural There are seven phases of installation measures that will help blend them into wash which conveys floodwaters to a Each phase will take at least one year the natural terrain These designs WHO WANTS IT? sediment basin located on the Salt River to complete Therefore, the project will not interfere with the function flood plain Runoff that originates should be finished in 1985 of the structures g People living in the Buckhorn-Mesa downslope of these four FRS normally Watershed together with the East Mari- will flow into the Roosevelt Water Con- Installation of a structure is copa Natural Resource Conservation Dis- servation District Floodway, which is broken into five stages. 1 obtain in- WHAT ARE THE BENEFITS? trict, Pinal County Board of Supervi- to be enlarged formation for design, 2 acquire needed sors, Flood Control District of lands, 3 relocate utilities, 4 fina- When completed it is estimated Maricopa County,and the Soil Conserva- lize construction plans, and 5 con- that for every $1 00 spent $2 50 in tion Service have formulated a plan for WHAT WILL IT COST? struct the structure benefits will be realized. In addition flood prevention This plan is to be residents in the protected area can implemented under authority of the Wa- Individual costs for the project expect the project to minimize and pre- tershed Protection and Flood Prevention are broken down into five categories HOW DOES CONSTRUCTION AFFECT THE vent typical flood scenes such as Act, Public Law 566 People living in construction, land rights, engineering, ENVIRONMENT, flooded streets, damaged utilities, the watershed together with Congress relocation payments, and project admin- costly damages to homes, unsightly sed- have approved this plan,and an environ- istration Estimates of costs are In the process of installing the iment and mud that takes time, hard mental impact statement was approved in $20 1 million for construction, $9 2 Buckhorn-Mesa Watershed Project, envi- labor, and money to clean up, and flood- September 1976. million for land rights, $1 8 million ronmental problems will be encountered ed agricultural land which results in for engineering, $4,700 for relocation Some of these problems are only tempo- the loss of crops that may eventually payments, and $3.9 million for project rary and can be alleviated during or affect the local consumer's pocketbook. HOW IT WORKS? administration. immediately after installation For example, blowing dust, caused by the With the completion of the Buck- It is proposed that five flood- removal of vegetation and the operation horn-Mesa Watershed Project, local water retarding structures (FRS), flood-' WHO CONTRIBUTES? of machinery, can be controlled by fre- residents can feel confident that they ways, and one sediment basin be con- quent watering during the construction and their neighborhoods will be pro- structed There are two sources of funds stage. vided greater security and protection /- that will finance this project fed- from the devastation of flash floods (\ Weekes Wash FRS is located in the eral funds and other funds The fed- But there are some environmental so common to Arizona's deserts northeast section of the watershed C IL L ( I 1 WATERSHED MAP /� 0 N U 5 DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE ,l/,(], R \ L� SEDIMENT H M BASIN GRANITE K E REEF DA_. , f\ I C .E" \' S s\ Tonto U B A yR<F W R D I o , —. �� A T H E //' RI mil! SPOOR HILL �� \ E J 01111111A1" r°�:- I FRS UEEry 1 ''Ni. �IFLOODWAY Mpunl.in 1 / \ IuI r I :�s.mi a.vi.n II — National _• ___ �• __ _ Part eJ�__rTT it $� , PASSMTN WASHESp°s IT \II � OU °SPOOK HILL FR �. FRS FRS " 1 \ r `' ���►�!�11� fl��\ — — — _i_ — I e Forest 7 \ I ��, BULLDOG \ FLOODWAY — -�I — __ — I - — _! _I .\A\ss T°'i PASS MTN FRS OUTLETS I APACHFRSNCTION+j 1.©I�1�_ �1�� l�i�l__--__`GIB A _ t 1 SIGNAL BUTTE,.,SIGNAL BUTTEe1"ui oN'1 \ `' * I r ROOSEVELT WATER o°t C9M�c FLOODWAY FRS FRS 1 AN \ \ �� \\ D, -- !' 1l O FRS I - ACNE VATIONDISTR/CT v.11 0 1 uNCTIDN'� \ CONSER _ ,t lam®I�I� I _ —FLOODWAY� —. _ ' l.a,„ . a N'P__--FLoODWA — — — U1wrlr�lr \i \,' Tl� Cp cNE, 11 l � ���yyyy�✓✓� �� ■■`` ,,, ,,.,, f- ' • Ilion i�- .. \\ Maricopa l Final —_Pnoe— County I County —O ""_AL.. Fier.,e MAROC°. PINAL COUNTY COUNTY LEGEND wat.rshed Boundary ..................... 111 Location Map Area Benefited Floodwater Retarding Structure AAA AAA I 0 I SCALE IN MILES 1 Channel Works For Flood Prevention OIN RESOLUTION NO 80-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, TO SUPPORT THE BUCKHORN-MESA FLOOD CONTROL PROJECT ,40 WHEREAS flood prevention watershed projects are in- tended to reduce flood waters and resulting damage to life and property, and WHEREAS the Buckhorn-Mesa watershed project is one of five (5) interrelated flood prevention projects in Eastern Maricopa and Northwestern Pinal Counties, and WHEREAS the people living in the Buckhorn-Mesa Water- shed together with the East Maricopa Natural Resource Con- servation District, Pinal County Board of Supervisors, Flood Control District of Maricopa County and the Soils Conservation Service have formulated a plan for flood prevention, and WHEREAS the people living in the watershed, together with Congress have approved the plan, and WHEREAS an environmental impact statement was approved in 1976, and WHEREAS the project will be financed by Federal Funds made available through Public Law 566 and other funds provided by the Flood Control District of Maricopa County and the Pinal County Board-of Supervisors, and WHEREAS the aesthetic problem will be minimized by land- scaping techniques, and WHEREAS the benefits derived will include reduction of flooded streets, damaged utilities, damaged homes, sedimentation of streets and maintenance costs, and WHEREAS the above benefits will improve access of trans- portation corridors during storm conditions, NOW THEREFORE, be it resolved by the Mayor and City Council of Apache Junction, that the City of Apache Junction supports the Buckhorn-Mesa Watershed Project PASSED this day of 1980 Mayor ATTEST. City Clerk APPROVED AS TO FORM. City Attorney ROLL CALL VOTE SHEET NOTES ITEM # / MEETING OF MOTION BY: SECONDED BY: N 1 YF NO ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO / COUNCILMAN SHANKS COUNCILMAN BURGESS ' - COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: YFS _NO ABSTAIN COUNCILMAN EIDSON_ COUNCILMAN SHANKS COUNCILMAN HILL COUNCILMAN BURGESS or COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 5 '"' CALL UPON THE CITY CLERK TO READ THE TITLE OF PP0P0SED RFOLUTIM NO, 80-31, BE IT RESnLVED BY THE MAYOR AND CITY COUNCIL THAT RESOLUTION Nn, 80-31, n RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY nF APACHE JUNCTION, ARIZnNA, TO SUPPORT THE BUCKHORN-MESA FLOOD CONTROL PPnJECT BE APPPnVED, FOR APPROVAL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT REST LUTIoN No, 80-31, A RESnLUTInN OF THE MAYOR, AND CITY COUNCIL fiF THE CITY (IF APACHE JUNCTInN, APIZnNA, TO SUPPORT THE BUCKHORN-MESA FLOOD CONTROL PROJECT BE APPROvED, FOR DENIAL rp,CHE✓G ,.. �► 0 2 ,,,,,„,,„„ „4,,:,, . ..A =x, O U `�� Z y qR/ZONP `Oity o I4pache &9unction September 26, 1980 .., MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER. FROM: CITY CLERK/FIINANNCCE DIRECTOR SUBJECT: AGENDA PLACEMENT ITEM -- AWARD OF BID - DATA PROCESSING EQUIPMENT BACKGROUND: On August 29, 1980 the City opened bids for data processing equipment in an effort to continue to meet our stated Goals and Objectives from approximately one year ago. Seven vendors responded the the City's request for bid and presented a wide variety of sytems to choose from. Basic to my recommendation to the City Council were the following considerations: cost, customer service, training, space and site requirements, warranty, delivery date, programmed packages available, and interface capability with the County Assessor's office and Recorder's office. All bidders with the exception of one, provided alternatives which are within the budget amounts established by the Council in this year's budget. Bid packages and back-up information are all available in my office for Council review prior to the Council meeting should questions arise as to how the listed figures below were figured. 1 . IBM $21 ,240.26 first 12 mo. cost on 5 yr. lease/purchase 2. NCR 17,852.34 " " " " " " " 3. Data Systems 21 ,198.00 " " " " " " " 4. Wang 22,664.60 H Ifit " II II II " 5. Burroughs 21 ,074.24 " " " " " " 6. CADO 26,269.70 " " " " " " 7. Data General Offered purchase only 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 AWARD OF BID - DAT`'ROCESSING EQUIP. - September 26, 1980 Page Two RECOMMENDATION: I respectfully request Council consideration in the award of this bid to give preference to the bidders in the order I have listed above. RECOMMENDED MOTION: Be it resolved by the Mayor and City Council of the City of Apache Junction, Arizona, that be, and hereby is, awarded the bid for a five year lease/purchase for project No. CC-80-2, Data Processing Equipment, for an approximate annual amount of from Account No. 5.0272, an FY 1980-81 budget item. RICH OESTERLE City Clerk/Finance Officer RO/jdt ROLL CALL VOTE SHEET NOTES C ITEM # MEETING OF MOTION BY: SECONDED BY: 71) YFS Na ABSTAIN ( COUNCILMAN SHANKam_ COUNCILMAN EIDSON ✓ COUNCILMAN BURGESS COUNCILMAN HILL - ✓ COUNCILMAN DAMIANO VICE-MAYOR GRANILLO / MAYOR SEEMAN t/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 6 Bt. IT kESO LVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT -ZV11 BE, AND HEREBY IS, AWARDED THE BID FOR A FIVE YEAR LEASE/PURCHASE FOR PROJECT No, CC-80-2, DATA PROCESSING EQUIPMENT, FOR AN APPRPXIMATE ANNUAL AMOUNT r'F '230 2 FROM ACCOUNT No, 5, 0272, AN Fv 1930-81 BUDGET ITEM , FOR APPPOVAL ITEM NO, 6 BE I] RESPLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AP1Z N4, IHAl THE BID FOR A FIVE YEAR LEASE/PURCHASE FOR PRnJECT No, CC-30-2, DATA PROCESSING EOU I PlMENI BE, AND HEREBY IS, DENIED. FOR DENIAL RQU C SOT SHEET NOTES ITEM # MEETING OF �C P MOT ION BY; SECONDED BY : YES NO ARSTAn . cUNC LLMAN SHANKS COUNCILMAN iURCIFss - COUNC I LMAN F T nsoN_ COUNCILMAN II L — COUNCILMAN DAM TANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCITnN, ARIZMNA, THAT AN EXECUTIVE SESSION 'REGARDING PERSONNEL 4ND LEGAL ADVICE BE HELD ON OCTOBER 15, 1980, AT 6: 00 P. M. IN THE CITY MANAGER'S CONFERENCE ROOM, 0111111k Amok JAMES J SOSSAMAN ''`'•�:A COMMITTEES: MAJORITY WHIP - -i•'+„, -iS AGRICULTURE a _ EDUCATION CAPITOL BUILDING, HOUSE WING JUDICIARY PHOENIX, ARIZONA 85007 RULES CAPITOL• 255 5874 ' WAYS & MEANS HOME. 987 9188 1.ri%IIna 14ouge of Etinnentatitin LEGISLATIVE COUNCIL ifiticienix,Artzona 85007 ... THIRTY FOURTH LEGISLATURE 1979 1980 September 17, 1980 SEP 1 8 1980 Mr. Rich Oesterle, City Clerk City of Apache Junction Post Office Box K Apache Junction, Arizona 85220 Dear Mr. Oesterle: Thank you for sending me a copy of the Resolution recently passed by your City Council regarding a Department of Economic Security Office in Apache Junction. I have been in touch with Mr. Foley, District 1 Admin- istrator of D.E.S. , and have forwarded a copy of the Resolution to him. I am awaiting his response, after • k he has had time to study the Resolution, and I am sure he will also be corresponding with you. Hopefully, something can be work out for the benefit of the residents of the Apache Junction area. Si rely, JAMES J. SOSSAMAN L��, (Majority Whip JJS:Jm APPROVED ON E��`'>1f1( - FOR AGENDA OF I�( 1 0 ::1TY MANAGER ITEM No. PUBI..IC HEARING OLD EUUS!NESS NEW BUSINESS _ INFO/ REPORTS Py rabik • , Mountain Bell 3033 North Third Street Phoenix, Arizona 85012 Phone (602) 263-3588 .." September 20 , 1980 Mr. Rich Oesterle Apache Junction City Clerk 1001 N. Adaho Road P. O. Box K Apache Junction, Arizona 85220 Dear Mr. Oesterle : We are in receipt of Apache Junction Ordinance No. 64 , which now provides for a three percent (3%) sales tax on the gross receipts of Mountain Bell in Apache Junction superceding the utility tax as of 10/01/80 . We are therefore removing our protest on the previous utility tax. Our final payment of the quarterly 20 utility tax will be paid directly to the city on or before October 20 . The new three percent tax will be paid under the state collection plan, which will result in the October tax being filed with the return due on or before December 1, 1980 . Many thanks for your cooperation in this matter. You can be assured that we, too, look forward to main- taining a good •,.orki::g relationship with the City of Apache Junction. Very truly yours , (At— Barry M. Aarons Staff Manager-Government Relations Copies to: J. E. Gnam, District Staff Manager-Corporate Tax S. D. Goodwin, Attorney C. W. Crockett, Arizona Legal Counsel S F P 2 4 1980 LAW OFFICES MARTINEZ. CURTIS, GOODWIN & KARASE$ 1401 21,13T rcocwAl sAV Ncs •uilD No 3003 NORTH CCNTRAL AVENUE MICHAEL A. CURTIS PHOENIX,ARIZONA 83012 JAY M HARTINEZ TelEr HONE (602) 2A6 0372 SUSAN D GOODWIN DAVID K KARASEK REFER TO FILE NO Or COUNSEL JOHN C. JENNINGS September 17, 1980 Mrs: Eleanor Lewis Apache Junction Library Board 535 East Quail Avenue Apache Junction, Arizona 85220 Re: Donation of Library to City Dear Mrs. Lewis : As City Attorney for the City of Apache Junction, this office was requested to assist in the preparation of documents for the donation of the library now owned by the Apache Junction Public Library Association to the City of Apache Junction for use as a municipal library. Initially we need the following information : 1. A letter from the_ owners of the library stating their intention to donate their library to the City, consisting of real estate and personalty. 2. (a ) A legal description of the real property. 4'11' (b) Deed Form, and Affidavit of Value (prepared by Title Company) 3. A title report for the real property (prepared by Title Company ) . 4 . A financial statement for the last five years for the library. 5. An inspection and report from the City ' s Building Department describing the condition of the building. 6. (a ) An inventory of all books and materials and an estimate -of their value. (b) A bill of sale. (c ) Bulk sale notice. Mrs. Eleanor Lewis September 17, 1980 Page Two • 7. A report on the anticipated costs to the City for accepting, processing, operating and maintaining �► the library if it is accepted by the City. ' We would anticipate that the transfer 'would be placed in escrow and that title insurance be obtained. If there are any outstanding mortgages or liens or :other encumbrances on the property, a decision must be made as to whether the City will assume any such responsibilities. We would also like to obtain public input on the subject of the City 's intention to accept the library for municipal purposes, since it is possible that a ,tax could be levied for establishing and maintaining the library. We would be happy to meet with the Library Board to discuss the particulars of this transaction at its next meeting . Again, this Office and the City 's staff will be prepared to assist you in gathering this information. CITY ATTORNEY 'S OFFICE MARTINEZ, CURTIS, GOODWIN a & KARASEK . By /eh/ a LL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: YES 1^L0 ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURGESS COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: 4 ITEM NO, 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL nF THE CITY OF APACHE JUNCTI1►N, ARIZONA, THAT THE MEETING BE ADJOURNED AT 1.09- P, M, ROLL CALL VOTE SHEET NOTES . a15 Refer. by Fdc ITEM # MEETING OF MOTION BY: SECONDED BY ; YF NO ABSTAIN COUNCILMAN BURGESS ' COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED / TOTAL: J BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that direction is hereby given to the City Manager to have the staff investigate the need and determine methods whereby the Zoning procedures might be made more responsive to citizen needs with regards to the use of grandfathered zoning property rights; said report to be due by January 7, 1981. The report should include, but not necessarily be limited to Zoning Ordinance Articles 3, 23, 24, 25 and 26. elv es f COViN C ,•1/4 ROLL CALL VOTE SHEET NOTES ni ( A) (,t/ �, 44gj C^rt pr(hit v ndc� 4 6 . Aar ITEM # MEETING OF MOTION BY: L' SECONDED BY: 7.0 • YES ND ABSTAIN COUNCILMAN FIDSON_ COUNCILMAN SHANKS _ COUNCILMAN HILL COUNCILMAN BURGESS COUNCILMAN DAMIANO //VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL ROLL CALL I PRESENT ! ABSENT MAYOR SEEMAN // VICE—MAYOR GRANILLO COUNCILMAN BURGESS _ # COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL • COUNCILMAN SHANKS / TOTAL 4 I STAFF PRESENT CITY MANAGER / //' CITY CLERK DIRECTOR OF ADMINISTRATIVE SERVICES DIRECTOR OF PLANNING / DIRECTOR OF PUBLIC SAFTEY / DIRECTOR OF PUBLIC WORKS CITY ATTORNEY r e c� S✓s cvv— OTHER