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HomeMy WebLinkAbout1980 12.03 City Council Regular Agenda 1,yACHt do 76( .',0' '',''' 1/C) .b '4,9izovo' Vit1 o c94pache unction REGULAR MEETING CITY COUNCIL AGENDA DECEMBER 3, 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, NOVEMBER 19, 1980 AWARDS, PRESENTATIONS, AND COMMUNICATIONS CALL TO THE PUBLIC CITY MANAGER'S REPORT PUBLIC HEARINGS (3) TRANSFER OF LIQUOR LICENSE - LUCKY BOB'S LIQUORS (4) APPLICATION FOR BINGO LICENSE - DESERT HOLIDAY R.V. PARK (5) APPLICATION FOR BINGO LICENSE - GOLDEN ACRES MOBILE MANOR OLD BUSINESS None. NEW BUSINESS (6) MEDIAN CROSSING - HIGHWAY 60 (DISCUSSION ITEM) (7) PAYMENT FOR ARCHITECTURAL SERVICES - TENNIS COURTS/BALLFIELD/PARKING LOT (8) PROPOSED ORDINANCE NO. 77 - $700 EXEMPTION TO THE BUILDING PERMIT FEES (SECOND READING) 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 (9) PROPOSED ORDINANCE 76 - AMENDING SECTION 304. (a) OF THE UNIFORM BUILDING CODE (SECOND READING) (10) PROPOSED RESOLUTION 80-37, STREET LIGHTING AGREEMENT WITH SALT RIVER PROJECT (11 ) PROPOSED ORDINANCE 83 - ADOPTION OF STREET NAMES FOR THE CITY OF APACHE JUNCTION (WITH EMERGENCY CLAUSE) (12) PROPOSED RESOLUTION NO. 80-38, REQUESTING DEPARTMENT OF HEALTH SERVICES TO DELAY IMPLEMENTATION OF CEASE AND DESIST ORDER AGAINST INTERMEDIATE CARE FACILITY FOR THE ELDERLY. (WITH EMERGENCY CLAUSE) (13) EXECUTIVE SESSION, DECEMBER 17, 1980 (14) INFORMATION AND REPORTS REQUESTS OF COUNCIL (15) ADJOURNMENT ROLL CALL ROLL CALL ! PRESENT ABSENT MAYOR SEEMAN VICE—MAYOR GRANILLO COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL /7 COUNCILMAN SHANKS s 4 { TOTAL STAFF PRESENT CITY MANAGER Qk,A" CITY CLERK DIRECTOR OF ADMINISTRATIVE SERVICES DIRECTOR OF PLANNING DIRECTOR OF PUBLIC SAFTEY DIRECTOR OF PUBLIC WORKS CITY ATTORNEY fYl,EL OTHER ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: 5 SECONDED BY: YFS NO ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO 1 COUNCILMAN EIDSON / COUNCILMAN HILL / COUNCILMAN SHANKS VICE-MAYOR GRANILLO / MAYOR SEEMAN / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS PRESENTED, CITY COUNCIL MINUTES REGULAR MEETING November 19, 1980 The regular meeting of the City Council of the City of Apache Junction, Arizona was held on November 19, 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. INVOCATION Councilman Hill gave the invocation. PLEDGE OF ALLEGIANCE Councilman Eidson led in the Pledge of Allegiance. Mayor Seeman introduced Steve Workman from the Apache Junction High School. The mayor stated Mr Workman would be the student parliamentarian advisor for the year; he would be observing municipal government and would be sitting with the Council ROLL CALL Councilmembers Present: Councilman Marie Shanks, Councilman Jimmie Eidson, Councilman Norman Hill, Councilman Thomas Damiano, Councilman Jerry Burgess, Vice Mayor John Granillo, and Mayor Virginia Seeman Staff Present City Manager Ray Lee City Clerk Rich Oesterle Director of Administrative Services Marlis Davis Director of Planning Joe Gero Director of Public Safety Bill McDaniel Director of Public Works Richard Broman City Attorney Michael Curtis Others with Council Ross Greves, President, Chamber of Commerce Business: Representative of Ocotillo Mobile Home Park Steve Workman, Student Parliamentarian ,.. :..._.-......r:...:.__.;y �. ACCEPTANCE OF 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 AMENDED TO DELETE ITEM NO 7 Councilman Burgess seconded the motion VOTE Unanimous The motion carried Councilman Eidson MOVED THAT THE AGENDA BE ACCEPTED AS AMENDED Councilman Hill seconded the motion VOTE: In Favor -- Councilman Hill Councilman Damiano Councilman Shanks Councilman Burgess Councilman Eidson Mayor Seeman Abstain -- Vice Mayor Granillo The motion carried ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1980 Councilman Shanks MOVED • THAT THE MINUTES OF THE REGULAR MEETING OF V.,iE'1BER 5, 1980 BE, AND HEREBY ARE, ACCEPTED AS PRESENTED. Councilman Damiano seconded the motion. VOTE In Favor -- Councilman Damiano Councilman Eidson Councilman Hill Councilman Shanks Mayor Seeman Abstain -- Councilman Burgess Vice Mayor Granillo - The motion carried. AWARDS, PRESENTATIONS, AND COMMUNICATIONS ) Mayor Seeman recognized Dr Seeman who wished to address the Council Dr. Seeman officially donated the dais to the citizens of Apache Junction and dedicated it to the City Council City Manager Ray Lee, on behalf of the Department Heads, presented a plaque to Dr Seeman in appreciation of a beautiful and functional dais oar CALL TO THE PUBLIC Mayor Seeman opened the meeting to the public. There being no one in the public wishing to address the Council, Mayor Seeman closed the meeting to the public CITY MANAGER'S REPORT City Manager Ray Lee called upon the Director of Administrative Services. Director of Administrative Services Marlis Davis stated she had contacted Mr Greves of the Chamber of Co'merce and a meeting has been arranged with the Chamber's general membership in February to have Mr Oesterle and herself discuss the overall purchasing procedures of the City City Manager Ray Lee called upon the Director of Public Safety. REGULAR MEETING THE OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE TWO _ Director of Public Safety Bill McDaniel stated that the helipad was used three times that day by helicopters landing for the purpose of picking up or discharging people to go into the mountains and look for a plane that had crashed He stated that none of the helicopters were owned by the City of Apache Junction, and added that the City has no intention of buying a helicopter. City Manager Ray Lee called upon the Director of Public Works to hand out pictures in response to Councilman Hill's request to look into the problem on Tomahawk and Fourth. Director of Public Works Rich Broman stated that at Tomahawk and Fourth Avenue the brush on the edges of the road was, in some cases, hanging out into the road. He stated Public Works cut and graded back some of the greasewood and other vegetation in the area in an effort to open up the area to good sight distances which,he stated would resolve the matter and hopefully increase the safety at that intersection PUBLIC HEARINGS SMALL GAME BINGO LICENSE OCOTILLO MOBILE HOME PARK Mayor Seeman stated the public hearing was for a small game bingo license for Ocotillo Mobile Home Park She asked the applicant to speak on the item A representative (name not given) of Ocotillo Mobile Home Park stated that the bingo games in the park would be solely for the use of the residents of the park and not for the general public Mayor Seeman asked C if there was anyone in the public wishing to speak on the item. There being no one wishing to speak, Mayor Seeman closed the meeting to the public Councilman Burgess MOVED THAT THE BINGO LICENSE APPLICATION FOR OCOTILLO MOBILE HOME PARK BE, AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION. Councilman Hill seconded the motion. Ask VOTE: Unanimous The motion carried UNFINISHED BUSINESS None. NEW BUSINESS STREET NAMES (DISCUSSION ITEM) ) Mayor Seeman stated that previously the Council had requested that the Planning and Zoning Commission prepare and present a recommendation for street names within the City of Apache Junction and to appoint a Street-naming Committee. She stated a Street-naming Grant has been received from the Governor's Office of Highway Safety and in order to insure retention of these funds it is necessary that decisions on the matter be made soon. Planning Director Joe Gero stated that each member of the Council received a memo from the Planning Commission signed by Mr. Newcomer and himself He stated Mr Newcomer has been REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE THREE in charge of this particular action and has done an excellent job of working with the Community. He reviewed the eight recommendations approved by the Planning Commission which were also the recommendations from the Street Naming Committee to the Commission. Councilman Eidson stated that according to his understanding, the City would be uniform except for an area in Palm Springs. City Planner Joe Gero stated that was correct, the reasons go back to the beginning of the community in which certain names were given to an area and inadequate follow-up to insure that the alignments retained the names as development occurred He stated several meetings have occurred and it appears there were some verbal agreements that two names, both the proper name and the number name, would be utilized. The Post Office has stated the utilization of both the proper and numerical names would not be possible, the community heard comments, and with the concurrence of the Post Office has agreed to recommend this one exception to the guide. Councilman Burgess stated that in Palm Springs most of the streets already have street signs, he then asked if the signs would be replaced with new ones. City Planner Joe Gero stated that in the grant those signs would be replaced because they do not conform to a uniform standard, in addition, he stated some of the signs have been damaged, paint is coming off and that could be seen as a need for maintenance and repair Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE CITY MANAGER BE GIVEN DIRECTION TO CAUSE A REPORT OF THE PLANNING AND ZONING COMMISSION ON STREET NAMES BE MADE AVAILABLE TO THE 11 GENERAL PUBLIC IN A REASONABLE MANNER AND THAT AN AGENDA ITEM BE PREPARED FOR THE DECEMBER 3, 1980 MEETING WITH REGARD TO STREET NAMES BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE, AND HEREBY IS, DIRECTED TO AUTHORIZE THE ORDERING OF THE STREET NAME SIGNS FOR THE NORTHEAST SECTION OF THE CITY OF APACHE JUNCTION, UTILIZING THE NAMES AS THEY APPEARED IN THE ORIGINAL STREET NAME SIGN GRANT. Councilman Damiano seconded the motion VOTE: Unanimous The motion carried PROPOSED ORDINANCE NO 76, AMENDING SECTION 304.(a) OF THE UNIFORM BUILDING CODE (FIRST READING) ) ) Mayor Seeman stated that Councilman Eidson had requested an amendment to the Uniform Building Code fee schedule to waive the fees for reconstruction or repair of any residence damaged due to natural calamities. She stated that this is the first reading of the proposed Ordinance, the second reading would be at the December 3rd meeting Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No. 76 by title only. City Clerk Rich Oesterle read as follows• Ordinance No. 76, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 304 (a) OF THE UNIFORM BUILDING CODE, 1979 EDITION, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE FOUR PROPOSED ORDINANCE NO 77, BUILDING PERMIT FEES, $700 EXEMPTION (FIRST READING) Mayor Seeman stated this is a first reading, initiated at Councilman Eidson's request, and she asked Councilman Eidson if he wished to make any comments with regard to the item. Councilman Eidson stated that it does show a $700 exemption but, in reality, with the fifty percent modifier, it is, at the present time, a $1400 exemption. Mayor Seeman stated this item will also appear on the December 3rd agenda for Council vote She called upon the City Clerk to read the title of proposed Ordinance No 77 City Clerk Rich Oesterle read as follows Ordinance No. 77, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, REVISING TABLE NO 3-A, BUILDING PERMIT FEES, OF THE UNIFORM BUILDING CODE, 1979 EDITION, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. PROPOSED RESOLUTION NO 80-35, U S HIGHWAY 60 AND S.R 88 WITHIN THE CITY LIMITS Mayor Seeman stated the Director of Public Works and several local business people held a meeting with the Arizona Department of Transportation on this intersection problem. She stated the resolution does include a decrease in the speed limits in the area in addition to proposing a traffic signal. She asked Mr Broman if he would like to address the item Director of Public Works Rich Broman stated the community has expressed a great deal of concern L about Highway 60; the speed signals, access, etc., and proposed resolution 80-35 will request that the State study the feasibility of reducing the speed limits through a town He stated essentially the intention is to keep the speed at 55 miles an hour from Goldfield to Tomahawk, reduce the speed from 55 to 45 from Tomahawk to Idaho Road, and reduce the speed from 45 to 35 from Idaho to Meridian He stated, additionally, the City would ask the State to look at the possibility of installing a traffic signal at the intersection of U.S. 60 and Idaho Road, at reducing the speed limit from 50 mph to 35 mph between Idaho and Superstition Drive on Highway 88, and to look at the installation of a dal traffic signal at the intersection of Superstition Drive and S R 88 Mayor Seeman called upon the City Clerk to read the title of Resolution No 80-35 City Clerk Rich Oesterle read as follows Resolution NO 80-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO PERFORM A TRAFFIC STUDY TO CONSIDER A REDUCTION IN SPEED AND INSTALLATION OF TRAFFIC SIGNALS ALONG U S HIGHWAY 60 AND STATE ROUTE 88 WITHIN THE CITY LIMITS OF APACHE JUNCTION. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO 80-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCITON, ARIZONA, REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO PERFORM A TRAFFIC STUDY TO CONSIDER A REDUCTION IN SPEED AND INSTALLATION OF TRAFFIC SIGNALS ALONG U.S HIGHWAY 60 AND STATE ROUTE 88 WITHIN THE CITY LIMITS OF APACHE JUNCTION BE, AND HEREBY IS, APPROVED Councilman Hill seconded the motion. VOTE: Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE FIVE Amok MAYOR SEEMAN CALLED A TEN MINUTE RECESS. APACHE JUNCTION STREET LIGHTS IMPROVEMENT RESOLUTION OF INTENTION (WITH EMERGENCY CLAUSE) Mayor Seeman stated this resolution of intention is in accordance with City Council direction of November 5th, the resolution defines the limits of the district and officially notifies the public of the intention to create the street light improvement district Mayor Seeman called upon the City Clerk to read the title of the Resolution of Intention City Clerk Rich Oesterle read as follows: RESOLUTION OF INTENTION NO. SL 8011-1, A RESOLUTION OF THE COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY AND MARICOPA COUNTY ARIZONA, DECLARING ITS INTENTION TO PURCHASE ELECTRICITY, WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES, FOR LIGHTING PUBLIC STREETS WITHIN AN AREA DESCRIBED AS APACHE VILLA THREE, LOTS 75-138, ALL WITHIN THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PURSUANT TO A.R S. 9-713 AND 9-714 DECLARING THE PURCHASE OF ELECTRICITY TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID ELECTRICITY SHALL BE ASSESSED ON A CERTAIN DISTRICT; AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT RESOLUTION OF INTENTION NO SL8011-1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, DECLARING ITS INTENTION TO PURCHASE ELECTRICITY, WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES, FOR LIGHTING PUBLIC STREETS WITHIN AN AREA DESCRIBED AS APACHE VILLA THREE, LOTS 75-138 ALL WITHIN THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PURSUANT TO A.R.S 9-713 AND 9-714 DECLARING THE PURCHASE OF ELECTRICITY TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT, AND THAT THE COST OF SAID ELECTRICITY SHALL BE ASSESSED ON A CERTAIN DISTRICT; AND DECLARING AN EMERGENCY BE, AND HEREBY IS, ACCEPTED. Councilman Hill seconded the motion VOTE: Unanimous The motion carried PROPOSED RESOLUTION 80-36 AUTHORIZING AGREEMENT WITH PINAL COUNTY TO USE COUNTY VOTER REGISTRATION ROLLS Mayor Seeman stated the current agreement expires at the end of 1980 and this would allow the City Clerk to make an agreement with the County Recorder to use the County Voter Registration Rolls for the City election this spring. Mayor Seeman called upon the City Clerk to read the title of Resolution 80-36. City Clerk Rich Oesterle read as follows Resolution No 80-36, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE PINAL COUNTY RECORDER'S OFFICE FOR THE PURPOSE OF USING THE COUNTY REGISTRATION ROLLS TO CONDUCT THE CITY'S ELECTIONS Councilman Damiano MOVED THAT RESOLUTION NO 80-36 BE, AND HEREBY IS, APPROVED, AND BE IT FURTHER RESOLVED THAT THE CITY CLERK BE, AND HEREBY IS, AUTHORIZED AND DIRECTED TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND WILLIAM S TRUMAN, PINAL COUNTY RECORDER FOR THE PURPOSE OF SECURING VOTER REGISTRATION LISTS FOR THE CITY ELECTIONS DURING 1981. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE SIX Vice Mayor Granillo seconded the motion. VOTE• Unanimous The motion carried EXECUTIVE SESSION, DECEMBER 3, 1980 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 DECEMBER 3, 1980, AT 6 00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM Councilman Damiano seconded the motion VOTE. Unanimous The motion carried • INFORMATION AND REPORTS Mayor Seeman outlined the KSTM Spotlight schedule. REQUESTS OF COUNCIL Mayor Seeman stated that two members of the Parks and Recreation Commission were not sworn in within the ten day period required by the Arizona Revised Statutes Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT MARGARET CARLIN BE APPOINTED TO THE PARKS AND RECREATION COMMISSION, SAID TERM TO EXPIRE APRIL 1, 1983, AND THAT RAYMOND FOISEY BE APPOINTED TO THE PARKS AND RECREATION COMMISSION, SAID TERM TO EXPIRE APRIL 1, 1981 Councilman Damiano seconded the motion. VOTE. Unanimous The motion carried. .�. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NO. 79, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING SECTION 8-5-4 SCHEDULE OF THE CITY CODE REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE, AND HEREBY IS, APPROVED. Councilman Burgess seconded the motion. Mayor Seeman stated her understanding is that there will be an initial fee schedule and a renewal fee schedule VOTE. In favor -- Councilman Damiano Councilman Hill Councilman Eidson Councilman Burgess Vice Mayor Granillo Mayor Seeman Opposed -- Councilman Shanks The motion carried REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE SEVEN Mayor Seeman recognized Dr. Ross Greves. Ross Greves, 1570 S. Coconino, Apache Junction, stated he is president of the Chamber of Commerce He stated that the previous motion to amend the business license fee schedule appears to be a step taken in the right direction He stated that although he has not reviewed the Ordinance, he is pleased to see efforts being made to alleviate the problems that have grown out of the business license ordinance. "^ ADJOURNMENT There being no further business, Mayor Seeman adjourned the meeting at 8 10 p.m. and invited the public to join in celebrating the City's second birthday. APPROVED THIS DAY OF , 1980 BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA VIRGINIA SEEMAN Mayor ATTEST: RICH OESTERLE City Clerk LI REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1980 PAGE EIGHT ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: ( I YES tin ABSTAIN COUNCILMAN HILL / COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURGESS COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN / UN,VOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE MEETING OF NOVEMBER 19, 1980 BE, AND HEREBY ARE, ACCEPTED AS +-RE WED, PUBLIC HEARING 1, THIS IS A PUBLIC HEARING FOR TRANSFER OF LIQUOR LICENSE -- LUCKY BOB 'S LIQUORS THE APPLICANT )0 ARE STEVEN AND JOSEPH VOLLARO 2, IF THE APPLICANT IS PRESENT, THE APPLICANT MAY SPEAK ON HIS BEHALF AT THIS TIME, 3, ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 4, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PUBLIC, ,, l ',4 \ Z q,p/ZONP COity o. &4ruche cOunction ."` November 25, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM: CITY CLERK SUBJECT: AGENDA ITEM PLACEMENT - TRANSFER OF LIQUOR LICENSE -- LUCKY BOB'S LIQUORS Pursuant to A.R.S. Section 4-201 the governing body of a City or town shall recommend approval or disapproval of the application for transfer of license to the State Department of Liquor License and Control . The liquor license was, in accordance with State law posted in a conspicuous place on the front of the premises for the required period of time. The City Clerk's office has not received any written arguments in favor of, or in opposition to, the issuance of this license. This agenda item is respectfully submitted for your action. ea) 02,0/12A-Q-32_, ArTro' r for Agenda d1 Date Item # RICH OESTERLE by C)/1, r;:I.re, ,ng j:�- _ 0 - CITY CLERK .-......_,,,, W;7eoid Reading 0 RO/jdt .X rt,.aic 1Icar;ng ... Cu Dus;nczs 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 PQA CHE✓ �.. ' ,I` <' C DEPARTMENT OF PUBLIC SAFETY "IP/Z'ONP c6ity Ora G4 Iac/ie unction W E McDANIEL Ask November 10, 1980 MEMORANDUM TO: City Clerk THRU: City Manager FROM: Department of Public Safety 14AV1 SUBJECT: Liquor License Application Steven and Joseph Vollaro Lucky Bob's Liquor Please be advised the Apache Junction Police Department has investigated the above mentioned subjects and find no reason why a liquor license can not be issued. WEMc:gk 1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260 /a\ .F„nn 1211 STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL, PHOENIX ARIZONA ,. 571, Suite 227 1645\1 Jefferson,Phi, Az 85007 Ph 2715141 THE FEE MUST ACCOMPANY LHIS APPLICATION 1 FILE WHITE COPY OF THIS APPLICATION DIRECT WITH THE ABOVE. 2 FILE TWO COPIES WITH THE CITY CLERK OR THE CLERK OF THE BOARD OF SUPERVISORS AS THE CASE MAY BE APPLICATION FOR TRANSFER OF LICENSE, PERSON TO PERSON INDIVIDUAL OR PARTNERSHIP ) " Approved/Disapproved --.- -- - . City or County No .. .... State \o L/.,- This application form is designed for the use of an individual or a partnership in applying for the transfer of ra license person to person ' IT IS NOT TO BE USED BY A CORPORATION For corporations, use Form 123-C THIS APPLICATION IS NOT FOR A CHANGE OF LOCATION FOR CHANGE OF LOCATI`O/N, USE FORM 125 VG is O r f 11 1'y/ - bs 1 Applicant's Name(s) _• 7fr✓Lg� --- K - .1 tobeR i�.i . -. ....` .. .. ., - (Name of person or persons to whom license is to be transferred) 011.44 Y 2 Business Name ......"'VC'V-Y.... 13-Q.Ca'.. ... -..1:1..�a7.2Q.X?,. Ll ............ ..... .. --.. .- _....--•------••--- 3 Location where License is now operating 3/ (J - / ;1,',. ^' ' r( ': „.• (Number and Street) ; (City or Town) (County) ' 4 Is the location inside the limits of an incorporated city or town? Yes .�--. No -. -- If yes name cityortown i);. X r /Ls .- 5 Mailing address . .: .-:'.-.- D s f /"4.7. .L-.::!ail:,.- ..?C/"..... ..!g--,?.- _....... . 'S J.:"'•.-....._..._.......... ... _ i //.. (If/'Diffnmt From Business Location) 6 Name(s)of present Licensee(s) - .-Il l ti.Y.�.J-�. /4• .!-Q.TG.le,. % .'i;l i„;r,'_,. (IA. 1" -- •• (Owner as listed on current license) 7 Mailing address of present Licensee --i2s..5-- X) .:.:..[61s�.`--.T._x5-D_--.,i.--1y13c:-,ll e ,7'_--.-.- 42....--,',;ter, . i-.... 8 Series and Number of License to be transferred Series ... -. No vi"i1= - `.:�-q.-._. .Z'....:.--- Dated 9 List all persons who are or will be financially interested in this business,showing interest of each FULL NAMES OF APPLICANT HOME ADDRESS' PERCENTAGE OF AND PARTNERS OF EACH PARTY OWNERSHIP .3wl 0 /�22 T.....4r.r p l^r•t�w:�? 5G/Y L i :4.cJ L!r-.'L«...-,(!.'. t«.....t.r2 Y.a 2.ra .� i -I (Applicant) _ �• b .... (Partner) ...: .. /.14.�...1...-.44..r2..«-..S,......i,1.x... ''n+'.etgekr NMpr„w.‘); rM (Partner) (Anach Extra Sheet,If Necessary) 10 PLACE AN X IN SQUARE OPPOSITE EACH LICENSE TO BE TRANSFERRED ,,,.,_-_, ""'� Sind This Amount Send This Amount _.. -' .." With Application With Application ❑ Series 1 Distiller's License $550.00 ❑ Series 6 On-sale retailer's license(All Spirituous Liquor) 350.00 ❑ Series 2 Brewer's License 550.00 ❑ Series 7 On-sale retailer's license (Beer and Wine) 200.00 ❑ Series 3 Winer's License 350.00 0 Series 8 On-sale retailer's license (Beer) 100.00 ❑ Series 4 Wholesaler's License(All Spirituous Liquor) ...- 550.00 El.Series 9 Off-sale retailer's license(All Spirituous Liquor) 130.00 ❑ Series 5 Wholesalers License (Beer and Wine) 250.00 0 Series 10 Off-sale retailer's license (Beer and Wine) 150.00 ------ ❑ Series 11 Off-sale retailers license (Beer) - 100.00 11 Will dancing be allowed? PO 12 Is there any charge of violation of the law or regulations pending against the licensee? ......IA)................. :..... . ... ....... 13 Is the license you wish transferred in operation at the present time? -�f-eS If not attach an explanation STATE OF ARIZONA JJ ( .i ss • COUNTY OF - /%%---------------------- r` I, . FLE- rt.•(] ,t .e.-.:?..s1-• //+ ("�ct,e.- . w.w � .. . being first duly sworn, depose and saw that the foregoing appli lion is in all respects true,and correct, to,the best of my knowledge and belief, and that I am the applicant above named L SUBSCRIBED ANb'SWORN TO before me this /'° ell` }TC (SIGN HERE) —.� .._ I.' day of .. .:.-,:v' /..... 19............ (Applicant's signature) �. w zArte.sdyriia..a;-.uw:freasti.+¢ ::or-,.,,;r_,,;r:a:i,; s,„., •Notary Public in and for the County and State aforesaid (Capacity viz.owner or partner) CO , MY commission expires --p r ' .. .. -. ... is -.) I hereby relinquish my rights to the above named license to the applicant named herein If part interest only is sold state amount of interest transferred vlc WITNESS. . �. o - ....:. . 'Signature of Dtaintereated Witness Owner or Ownrrs of License to he transferred sign here DO NOT WRITE IN THIS SPACE Amount Received . . ....... .. .. ... .- .... .. ... ...... ...... ... .. ---..... $. .. Refund Claim No -- -----... -- .. -- ... . ... . .. . .. _ Before the Superintendent completes the processing of this application the applicant shall deliver to the Superintendent an affidavit by the parties indicating they have complied with the requirements of the Uniform Commercial Code Sec 44-2801 et seq Arizona Revised Statute: Mail white copy of this application to Department of Liquor Licenses and Control at the above listed address accompanied by white copy of appli cant's questionnaire(Form 127) and fingerprints of applicant and all partners and transfer fee must accompany application forms WARNING ANY MATERIAL MISREPRESENTATION MADE IN AN APPLICATION IS GROUNDS FOR REFUSAL OR SUBSEQUENT RE%OCATTON OF THE LICENSE Before submitting your Application, check to see that all questions are fully answered and that the Application is properly signed by all persons concerned.If you do not submit a complete Application,it will be returned. /1e1 / . STATE(`ARTMENT OF LIQUOR LICENSES AN' ' 'TROL FORM 127 PHOENIX ARIZONA I� REV 5 7B 10 M APPLICANT'S Do not use this space QUESTIONNAIRE Application NO Note The following statements era to be made under oath (All questions must be answered completely or appiica lion will not be considered) PRINT OR TYPE t Full name of Applicant "�'�4.,,' -I;HA) 17>•,i.../ eZ) / a� %, (First) (Middle) (Last) 2 Business name V«/Y 3Of'S'S /yi7Ud2 Phone Res Bus 9.P —asp- 3 Location of business 4/.3/ W /b,#*;/L- T/- %2mwb 7L T ,12-PINAi.-S-J 0 (Number and Street) (City or Town) iCounty) (Zip Code) "/4/a7 e.�ruf,. 0, ,lcau I:-idrK 4 Date of Birth Place of Birth s1 (City) (Stale) Q 5 Arizona Drivers License No. �Iv /i/ /�„ •��� z✓0- g� (Height) (Weight) (Hair Color) )Eyes Color) B, Are you a citizen of the United States? ,P' I1 naturalized (Town) pate) 'Date) 7 Are you a resident of the State of Arizona? yes Date residency established? /77 d �j S Give lull name of spouse /))G.�G /'fG t 4 ('rV %.rt7 .LC11C y///c90 • (First) (Middle) / (Last) (Maiden) (Osleol Birth) � 9 Give military service record g/q ,/ 7/�97 I..5; ` ��D N) (Month 8 Year) TO (Monte 8 Year) (Branch) (Type of Discharge) 10. Have you at any time been convicted of a felony in any court? /2 v if so give particulars, (City) (Dates) I011enael 11 Have you ever been convicted or pled guilty at any time in any court of any law violation? r`v If so,give particulars, (City) (Oates) (0ffense) 12 Give particulars of your employment or business engaged In during the past f lve years if unemployed part of the time so stale giving place of residence Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Number,City and State) A D7 6AATES �+ Present Position or business en- �,gr"' U 74/75:) J/�'g•r A%06-c Y C" /'1 gaged In a) E B ,OATES ii,he/�'Sf Se' 10 �ja.e�Lv e Position held or business en ' ' %' i Fr'` / ph/1rl., gaged In Immediately pre- ceding above IA) �� l�r/ue r ' rea //41//aioci.o c kiX oak C DATES Position held or business en •""3 gaged in Immediately pre "� ceding above(8) r"5 13 Give residence address for last 5 years,beginning with present address a 3,4ales I •" 77 Ste%5 /e. .;,c 4.�s, tiffs N ;g.y�v �ri{iG� 75I' Colo crime fro./4d//7 dx. -//77 0_ Dabs Delos `-'' 14 Who owns the real estate where this business Is located? ' 0I3cier ccrC<,E.A,y evilEat:SO.tJ (Hamel (Street Address! (City or Town) (Slate) (Zip Code) !I 15 II you are not the owner state whether premises are occupied under lease or monthly rental? ^&/icy ' ' /r I I Submit a copy of lease with this application I 16. Do you own fixtures al this location? Yes, If not give name and address of owner i ! ) ' (Name) ! (Street Address) (City or Town) (State! (Zip Code) Stab terms under which you era using fixtures Rent? Lease? Contract to Purchase? (Continued on Reverse Side) 17 List below the investment you have in ear (or proposed investment) Equipment Fissures S v//Sw - Restaurant S Beverage Stock S i Dispensing S (Liquor,Beer&Wine) / 18 Check district in which business is located Business `r Residential Rural �/ 19 How close is the nearest church? .SOS S/ v GOt 6- �� /7({, (L P1/1 iQ/7R/Ue- 76 r Iln Fee. N i l,e and Arddre§sl Nearest school? Sa£4)r - ehEy62)74/ 1" ge-Hoe< at�iC6 L7LU/)tJ e Zeat)aidOQ Ade- 11n Feel) Name anti Address) 20 If restaurant or hotel indicate how many tables? Chairs? Booths? Stools? Counter? Bar? 21 Hasa license covering any place in which you had a financial interest ever been REVOK ED or SUSPENDED? N77C — • If so give name of individual to whom license was issued and year • 22 Has an application ever been rejected for any place in which you were financially interested? A- v' • • If so give name of place date and name of person who made application • • • 23 Are you occupied or employed other than in this business? , If so give particulars VOA./RC o S 7/fyji&6 S 24 If you are otherwise occupied or employed as above how much time do you spend in at this occupation or employment? A—at 7/H 25 How much timedo you spend or will you spend in the business represented In this application? PAY 7/4,6 26. Give name or names of the person or persons to be in charge of this business during any lime that you may be away from the premises (Managers must complete forms 134 135 and be fingerprinted) ko-r PPP. (First) (Middle) (Last) (Date of Blrthl (Home Address) IZIQCode) (Res Phone) 27 Are you familiar with the State Liquor Laws and Regulations of the Department's egts 28 YOU WILL NOT BE PERMITTED TO BUY YOUR LIQUOR, BEER OR WINE SUPPLY FROM ANYONE EXCEPT LICENSED ARIZONA WHOLESALERS Do you desire the license under these circumstances? yes 29 Have you ever held a Liquor License in Arizona? 1)O If so (Date Address and Business Name) 30 Have you ever held a liquor license in other States?^ _ II so what States llndrv,dual Partnership or Coroorabonl IBusinesS Namei (Address) IDalel 31 Have you ever been employed In a liquor establishment In Arizona? �L7 (Dales) (Business Name) 32 Have you ever plead guilty forfeited bond or been found guilty of a liquor violation? AA) (Dale) One classifiable fingerprint card Is required of all appllcenls,to be taken by a bona fide law enforcement agency General Remarks Glee any Information which you believe will help this department to make a decision upon your application ..s,:_:rk+ri+..:.ad'*o.a►iitrisir:ertaw1+:tiF.<sc+.+..e: . Read Oath Thoroughly Before Signing STATE OF ARIZONA SS COUNTY OF� J, �/ � f 5�3E�Ii t/oLL AL'0 being first duly sworn. depose and'sayhhe foregoing questionnaire is in all respects true and correct to the best of my knowledge and babel and that I am the applicant above named, I understand that any false Information constitutes perjury SUBSCRIBED AND SWORN TO before me this i;fr �4' day of /�2)G 19 FCC ig.-.712-/ IN / (SIGN HERE)IN y Public) My commission expires �� h e-P S'3 ,-.. .•.. STATE .-°ARTMENT OF LIQUOR LICENSES AN' " 'TROL FORM 127 ` PHOENIX,ARIZONA REV;5 78 , to M APPLICANT'S Do not use this space QUESTIONNAIRE Application No Note The following statements are to be made under oath (All questions must be answered completely or application will not be considered) C PRINT OR TYPE vL 1 Full name of Applicant J/6Oeti J-•SO.S E-�i`f 1101 X.OrC,) (First) (Middle) (Last; �J—lk 2 Business name I-OC►c 9 ' •) 1S 4/U'O0�l Phone.Res Bus /,a p-Vsc,/ 3 Location of business 4/3/ A/• APdC/F/G-Tf / jl r"C�f{c TC7 Al OJ_'2a10 /� (Number and Street) (City or Town) (County) (Zip Code} �/4 Dale of Birth z'��slit�� Place of Birth �t�OK��/�(.) �YE/u� O�.0 (Oily) / (Stale) 5 Arizona Drivers License No. ' /CFJ.v.2.z Sr/O" / a 0',4.l Jjc.ci (Huigbt; (A/night) (Hair Color) (Eyos Color) 6 Are you a citizen of the United Slates? e-C II naturalized 1 (Town) C(St el ;Date) /7 Are you•resident of the State of Arizona7 yes //Date resitlency established? 7 ,�/ 6 Glve full name of spouse h�'.RA/,UL 4,4.c- /OI Lit rw - I HDrre-,�,9 ) !4--/. V (First) (Middle) (Las)) (Maiden) (Dale of Burn) 9 Give military service record I7G 7 /If IC I/7//r 7�fl.0 (Month 8 Year) TO (Month&Year) (Branch) (Type of Di5cnarpe) 10 Have you at any time been convicted of a felony In any court, ,�<3 If so,give particulars, O l fI7F`�� . t Y. (City) (Dates) (Offense) 11 Have you ever been convicted or pled .. illy at any time in any court of any law violation? ye S If so glue particulars, /9,.) p %L-6o A-./-/r= /96 7 - OA.) 1)6.4 Del l J/('/,(,'c, (City) (Dales) (Offense) 12 Give particulars of your employment or business engaged In during the past live years If unemployed part of the time,so state giving place of residence Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Number City and Slats) L A /yAT5? ES Ef7.1,ce-55 TsGvC.0 SFJf ✓oLA-APO STt1.6i..E- Present Position or business en /�)w ,a ( �/c. i/L/es7UW.Cl gaged In /9S0_ Vev Uu� V//..L.A- -p,f:Q,<, -i& a DATES Position held or business en gaged in immediately pre ceding above(A) C DATES Position held or business en gaged in immediately pre- ceding above(B) 13 Give residence address for last 5 years beginning with present address e Dates 6.,,,,„i e ',CSC,,,,,,,/f6zr7- '7/9 o Dates ���1 .A �AH W/I/I-OICr p+�D-,a.tomes c--s— _. Date // U f' /1 Dates .v , j,. KRO�u,/[HeN4,T.d,✓ ,' --?7 co 14 Who owns the real estate where this business Is located? `� - U 6x'7 a- &L.)&A'L Y /`1.UD64-..c>N Cs:, F3 (Name) (Street Address) (City or Townie o L/ (Slate) 11 (.ode) 15 If you are not the owner state whether premises are Occupied under lease or monthly rental? C�1r.�- Submit a copy of lease with this application ``•I 16 Do you own futures at this location? yeS If not give name and address of owner (Name) (Street Address' !City or Town) Stunt (Zip Code) Stale terms under which you are using fixtures Rent? Lease? Contract to Purchase? (Continued on Reverse Side) _. /'.11111, I 17 List below the investment you have ins (or proposed investment) $ r59 SOO t Equipment Figures /� Restaurant S Beverage Stock $ /OC. Dispensing (Liquor Beer&Wine) 18 Check district in which business is located Business Residential Rural •. v�el nql p �7 ,/ 19 How close is Ice nearest church? S� sr RGE - /0 M AUt a/'��in DIe/(L len Fee" (Name and Address, Nearest school? 5' SIO1 " AQFJCN4 -3-G7 timer.emey $rv4ot , f' - I-eooa)cX Q lin Feet) (Name and AJO,essl 20 II restaurant or hotel indicate how many tables? Chairs? Booths? Stools? Counter+ ,)Bar? 21 Has a license covering any place in which you had a financial interest ever been REVOKED or SUSPENDED? N0 II so,give name of individual to whom license was Issued and year 22 Has an application ever been rejected for any place in which you were financially interested? /00 If so give name of place date and name of person who made application 23 Are you occupied or employed other thanr , in this business? n�J X C-S ) Ilso give particulars tr J LL IT leU 1-�44ki- 2e II you are otherwise occupied ore played as above how much time do you spend in at this occupation or employment? 25 How much time do you spend or will you spend in the business represented In this application? re /?#r 4,..8 Give name or names of the person or persons to be In charge of this business during any lime that you may be away from the premises (Managers must complete forms 134 135 and be fingerprinted) A/CT A4',//. (First) (Middle) (Last) (Date or Birth) (Home Address) Y (ZipCode) tRes Phone) • 27 Are you familiar with the State Liquor Laws and Regulations of the Department? / Z-S 28 YOU WILL NOT BE PERMITTED TO BUY YOUR LIQUOR BEER OR WIN jSUUPPLY FROM ANYONE EXCEPT LICENSED ARIZONA WHOLESALERS Do you desire the license under these circumstances? cc.•�� 29 Have you ever held a Liquor License in Arizona? If so (Gate Address and Business Name) 30 Have you ever held a liquor license in other States? __II so,whit States AIN (Individual Partnership or Corporation) (Business Na)Pe) (Address) tOalel 31 Have you ever been employed in a liquor establishment in Arizona? N1J (Dates) (Business Name) 32 Have you ever plead guilty forfeited bond,or been found guilty of a liquor violation? IDate) One classifiable fingerprint card Is required of all eppllcenls to be taken bye bona fide law enforcement agency General Remarks Ohm any information which you believe will help this department to make a decision upon your application Read Oath Thoroughly Before Signing STATE OF ARIZONA /1 SS COUNTY rO FT/,rG/vS� �) ( d) I. 3/C l/G� s'V/t I f P being Iirst.duly sworn depose a`d say the foregoing questionnaire is in all respects true and correct,to the best of my knowledge and belief and that I am the applicant above • named I understand that any false Inlormetlon constitutes perjury SUBSCRIBED ANO SWORN TO before me this 4 . day of • G-' 19 bL (SIGN HERE) - "�"`r-� �u! lNOtary Public) My commission expires ✓e� /,s /9 8 3 ROLL CALL VOTE SHEET NOTES ITEM # 3 MEETING OF MOTION BY: �� SECONDED BY: J) I YFS NO ABSTAIN COUNCILMAN SHANKS / COUNCILMAN EIDSON COUNCILMAN BURGESS COUNCILMAN HILL COUNCILMAN DAMIANO f ..•. VICE-MAYOR GRANILLO MAYOR SEEMAN / UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO , BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE APPLICATION FOR TRANSFER OF SERIES 9, OFF-SALE RETAILER'S LICENSE FOR LUCKY BOB'S LIQUORS BY APPLICANTS STEVEN AND JOSEPH VOLLARO BE, AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL, FOR APPROVAL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR TRANSFER OF SERIES 9, OFF-SALE RETAILER' S LICENSE FOR LUCKY BOB' S LIQUORS BY APPLICANTS STEVEN AND JOSEPH VOLLARO BE, AND HEREBY IS, RECOMMENDED FOR DENIAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL, FOR DENIAL PUBLIC HEADING 1, THIS IS A PUBLIC HEARING FOR SMALL GAME BII\LGo I_LCENSE THE APPLICANT IS DESERT HOLIDAY R, V, PARK 2, IF THE APPLICANT IS PRESENT, THE APPLICANT MAY SPEAK ON HIS BEHALF AT THIS TIME, 3, ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 4, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PU3LI C, (SACHt✓ -•-`--•-`- ..�. J d• 4 w '`` '41R/ZONP COity o (94pache unction ... November 25, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM: CITY CLERK SUBJECT: AGENDA ITEM PLACEMENT BINGO LICENSE APPLICATION Attached is a Bingo License Application for Desert Holiday RV Park. Pursuant to the provisions of Title 5, Chapter 4, Article 2, of the Arizona Revised Statutes, the local governing body (City Council ) shall hold a hearing and recommend approval or disapproval of the application to the licensing authority (State Tax Commission) . In 1.• (A'Cil fiatertb' RICH OESTERLE P'd' ' Irr City Clerk jdt Aparovcif for Agenda-------------------- - Date Item # first Reading L,� l ,Second r.eadi,,. ., - p;•bhc Hearing CH G,:s,ness Ncw Cosiness 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX,ARIZONA 85007 APPLICATION FOR SMALL GAME BINGO LICENSE Check One New License 0 Renewal 0 As This application must be filed and Bingo License issued before you may lawfully conduct games of Bingo Any license issued pursuant to application and approval shall be non-transferable and shall be renewed at the beg.r.ning of each calendar year Approved. Disapproved. OFFICE USE ONLY DATE ISSUED YEAR OF LICENSE LICENSE NUMBER 1 Name of Applicant Pt"jC FZ7 t L/L?4 R 2 Address i�7`'^ ti -7-1) .0 , ,, 42? 7, /Z ' 3. Mailing address if different from above S/9-/.)p 4 Have you(the signator)ever been convicted of a felony? N' 5. Have you(the signator)ever been convicted of a crime involving moral turpitude? Al-6 6. Does applicant hold a liquor license? P O _ If so,what type? N D 4} 7. Place or places where Bingo Games will to held O e AI i 9/v1Z' 1'i'12' -' J C 7 AR IZONA IStreetl (City) ARIZONA (street) (City) ARIZONA lamset) (City) 8. 'Drays of Week Games 4o'be held 7U E 5!7 --- � Way) • AM 7,' "° PM :;' `"?' ` «: 9- Does npplida pir,h, premises where Bingo Games will be held? Y' S If"Yes",how long? /n e- /577 AM\ 10. Have such premises been regularly used by the applicant? %tS If"Yes",how long? f?' 2c FI- /ri 7S 11 If such premises are rented,terms of rental A.:err P. E A,)7I LESSOR'S NAME A'G'i'=G ADDRESS 12 Designate individual who will have overall supervision and management of Bingo Games and will be responsible for holding, operating and conducting such games in accordance with the terms of the license and the proe sions of the Law NAME 6 / U Ater Al I P G HOME ADDRESS g1/49 N ,77,12 PHONE /1)C BUSINESS ADDRESS g 4!1" /t- Df9-AeLe 1 PHONE /rS t-- 61 J 13 Designate member veto will he responsible for proper utilization of the entire net proceeds of any game in accordance with State Law and the filing of tax statements if other than member listed,n Question No.12 NAME HOME ADDRESS PHONE BUSINESS ADDRESS PHONE RUG I REV 40-it 14. Location of Books and Records on Bingo for Audit Purposes (City) (Stets) 15. The undersigned does hereby certify that the applicant is eligible for a license under Title 5,Chapter 4,Article 2,A.R.S.,and that the entire net proceeds of any game shall be exclusively devoted to the charitable purposes of this licensee 16. The applicant hereby agrees that any license issued hereunder shall be subject to restrictions and limitations imposed by Title 5, Chapter 4,Article 2,A.R.S.,and rules and regulations promulgated pursuant hereto in force and effect at date of issuance or thereafter adopted,enacted,or promulgated. 17 The applicant hereby agrees to supply additional information and evidence in support of the statements and matters contained in this application upon request of the Arizona Department of Revenue. STATE OF ARIZONA 1 SS COUNTY OF P/N•9 l— ) 9/? L% "41 (Tv rtl "Z.% ]/7l G- ,being of lawful age,upon his oath,deposes and says that he is of the above named organization,that he is fully and duly authorized to sign and file the above application,that he has read the foregoing application and knows the contents thereof, and,that all matters therein set forth are true of his own knowledge,and that he does hereby certify that no commission, salary,compensation,reward or recompense will be paid to any person,firm,association,corporation or other legal entity for holding, operating,conducting or assisting in a game or games of BINGO,except as otherwise provided by law S p'1 %yr Subscribed and sworn to before me this /1—day of ?- Cr)A- ?'`� 19_ bly Commission Expires Sept. 15, 1932 My commission expires ; /77/ Signatu otaryltublk nx ww' Syr µ, ✓.ems+-*. ci,w ''. • r ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX, ARIZONA 85007 BINGO LICENSE NO. STATE OF ARIZONA 1 1 SS COUNTY OF ) F), 0Y/1 e L �l• 1 S ,being of lawful age,upon his oath deposes and says that he will be responsible for the holding, operation and conduct of such Games of Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A R S 141-,etK .C- A (Signature) ` >l) ),,,,,, $1,;\/".', ,.\4, 'ii 'r: i' -1.,,_, Subscribed and sworn to before me this A day of 6'' ' :'i ; Y19 4 a 0 y,,) i My commission expires My Commission Expires Sept. 15, 1932. =�� ;>•s /, 1 t Signature of N t /1 Please Print or Type. I`-.4 O 1 0 e u rT T)S Member's Name. Fk,,`U-Y' /7 C U S Il T1 Address � G�0 /Y .T L7/3 fib flC/),9 d �1 ! c� 1; Y . -, City, State, Zip.-4" P� C f�� e J'�6 OSa�Q ,a„ 4 Telephone. C/g o: -`R ,`= , 4 �yy-� ) av, .,f,A- c.;,Ar,„ ,,t1 : ,,,,-±K.`.^ ""^H:`,. "57 ALE, - S 'S 4a� "�..+...^H 47',fi:'7 it i,. _ t ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX, ARIZONA 85007 BINGO LICENSE NO Adak STATE OF ARIZONA SS COUNTY OF wv' 11 ~� ,being of lawful age,upon his oath deposes and says that he will be responsible for the holdi , operation and conduct of such Games of Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A R S (Signature) Subscribed and sworn to before me this 70PC day of � 19 P d My commission expires my,Commission Expires Jan. 10, 19x4 c,) . Signature of N tary,Public IAA Please Print or Type /- Member's Name. /44 A V 1 Al 8 G Nz.L/V Address. D 4L . /1" , f 12 A i C) City, State, Zip. , PA C H E y G T ` 0 4/A Z r�,2,� Telephone• SSG-1-B ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX, ARIZONA 85007 BINGO LICENSE NO. STATE OF ARIZONA ) SS COUNTY OF G n'Re1.Z 171, L, A) f f 2)G ,being of lawful age,upon his oath deposes and says that he will be responsible for the holding, operation and conduct of such Games of Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A R S (Signature) C Subscribed and sworn to before me this l/--day of ` '-24 ��' ii,� 19 AD My commission expires Y Commission Expires Sept 15, 19.82 / /i� '•,! 7:1,/,[ OZ Signature o iyrOry,Public , , Please Print or Type .9 1...1 A; z Member's Name. 6/;4-2Dz-D , t /f1U,!J/ f ' Address. g iyU A) -T-4 i,Ia A City, State, Zip. /9-PPc L - v '2 % 4Z, Telephone SBG-I B • ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX, ARIZONA 85007 BINGO LICENSE NO. STATE OF ARIZONA 1 SS COUNTY OF Nin 1/1777,{kfc ,being of lawful age,upon his oath deposes and says that he will be responsible for the holding, operation and conduct of such Games of Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A.R.S. 0 hdac_. (Signature) Subscribed and sworn to before me this // "d ay of ��� '• I 19 la AV Commission Expires Sept 15, 19s2 ; it) My commission expires Signature of Not r • Please Print or Type. bbn. .41)kc tt Member's Name. F alpik 'l Address. f 3/9 /1!. T-ckv /. 67. City, State, Zip. /}}12i2 C'We AC/d• grsa.0 Telephone. 9_Q.2 — 6 7W y " SBG-1-B • _.. ROLL CALL VOTE SHEET NOTES ITEM # 1/ MEETING OF MOTION BY: SECONDED BY: YES Nn ABSTAIN COUNCILMAN EIDSON_ COUNCILMAN SHANKS COUNCILMAN HILL COUNCILMAN BURGESS COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: )( ITEM NOA BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE BY DESERT HOLIDAY RV PARK BE, AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION , FOR APPROVAL • BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE BY DESERT HOLIDAY RV PARK BE, AND HEREBY IS, RECOMMENDED FOR DENIAL TO THE ARIZONA TAX COMMISSION , FOR DENIAL C ACHE✓Gz'p14P `Oity o6f c94puche unction December 3, 1980 MEMORANDUM TO: City Clerk FROM: f iCity Engineer \` THRU: Director of Public Works \\ • SUBJECT: Bingo License Applications As requested in your memo or November 25, the following information is provided on the Bingo game license applications of Golden Acres Mobile Manor and Desert Holiday RV Park. Bingo games, when held in public places, can sometimes develop into a problem due to traffic congestion and/or parking problems on City streets. In these two cases, no advertisement or widespread promotion of the games is intended, since the games are planned for the enjoyment of the mobile home parks only. We anticipate no parking or traffic problems for the City from these two cases. RCB/an 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 , PUBLIC }TEARING 1, THIS IS A PUBLIC HEARING FOR SMALL GAME BINGO LICENSE r" THE APPLICANT IS GOLDEN ACRES MOBILE MANOR 2, IF THE APPLICANT IS PRESENT, THE APPLICANT MAY SPEAK ON HIS BEHALF AT THIS TIME, 3, ARE THERE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? 4, IF NO ONE WISHES TO SPEAK, THIS HEARING IS CLOSED TO THE PUBLIC, V ;r z "IP1ZONP' COity o @ 79ache cOunction November 25, 1980 MEMORANDUM TO. THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM: CITY CLERK SUBJECT: AGENDA ITEM PLACEMENT -- BINGO LICENSE APPLICATION Attached is a Bingo License Application for Golden Acres Mobile Manor. Pursuant to the provisions of Title 5, Chapter 4, Article 2, of the Arizona Revised Statutes, the local governing body (City Council ) shall hold a hearing and recommend approval or disapproval of the application to the licensing authority (State Tax Commission) . c RICH OESTERLE City Clerk jdt Approver for Agenda Date .... .----•---.....,,� rust Reacting Item Second n r ,%..n0rn9LA 3 c(-1 01:! cu3i1"?55 thIC'Ss 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX,ARIZONA 85007 �f APPLICATION FOR SMALL GAME BINGO LICENSE Check One New License® Renewal 0 This application must be filed and Bingo License issued before you may lawfully conduct games of Bingo.Any license issued pursuant to application and approval shall be non-transferable and shall be renewed at the beg,onmg of each calendar year Approved Disapproved OFFICE USE ONLY DATE ISSUED YEAR OF LICENSE LICENSE NUMBER 1. Name of Applicant . .�d/._-� �t __Q,A,,AL,42 ` Q--=n J ( (((�� K.rr' �f2 1 2. Address /n�/l /V �� f�ti/y�sfi( o �d rill•1 L�ruj V6 3. Mailing address if different from above /,O. ,-rz cx-4:2, 0-1-f--o--> 4. Have you(the signator)ever been convicted of a felony? `76.--0 5. Have you(the signator)ever been conviced of a crime involving moral turpitude? 6 Does applicant hold a liquor license? 'VIM If so what type? 7 Place or places where Bingo Games will be held Mi...pr fiF h�--,--0..e_., //5b N, ,,M4J-0-,,v-AA_, nn ,, . ,r�,-tx, ARIZONA (Street) (Ci�yI AR IZONA (Street) (City) ARIZONA I i ,'o (Street) (Clty) 8. Days of Week Gpmgs to,be held :4.--C//-r? > t Q. i loeyl TIAAt:• - AM 7/0-0 9/0 O PM t •' c-, 9. Does applicant pwn yremises where Bingo Games will be held? /._e,Q If"Yes",how long? /�i,i 10. Have'such/pfelnises been regularly used by the applicant? 'Li-(A •',,(I1 liili,, If"Yes",how long? / i i 11. If such premises are rented,terms of rental ,„--),C,-,-0 LESSOR'S NAME ADDRESS 12. Designate individual who will have overall supervision and management of.Bingo Games and will be responsible for holding, operating and conducting such games in accordance with the terms of the license and the prov'sions of the Law. ‘77)4 NAME Q/1Y�.-�-A//Zi,__ 4-(� }� Q p �7 HOME ADDRESS //-5� /y a(c--(1- ,4/ F . /v?' .4'-S`x'4-/oZ PHONE/ 4 -,2'do7.1/ Cam, O BUSINESSADDRESS -AA-3l,L, PHONE 13 Designate member who will he responsible for proper utilization of the entire net proceeds of any game in accordance with State Law and the filing of tax statements,it other than member listed in Question No.12 NAME z HOME ADDRESS PHONE BUSINESS ADDRESS PHONE s '"' 11•0-1 REV 1O-7e ON r`,Y ,{.+ gq,;°h'n. .'t r w."ttir"tsee ..awe r. �r z,v .m tE" a-trth ham;_ 14. Location of Books and Records on Bingo for Audit Purposes' \ii,c f- t^ �2�u. yi_-re, x '1-QJ (city, /J (suit.1 U 15. The undersigned does hereby certify that the applicant is eligible for a license under Title 5,Chapter 4,Article 2,A.R S.,and that the entire net proceeds of any game shall be exclusively devoted to the charitable purposes of this licensee. 16. The applicant hereby agrees that any license issued hereunder shall be subject to restrictions and limitations imposed by Title 5, Chapter 4,Article 2,A.R S.,and rules and regulations promulgated pursuant hereto in force and effect at date of issuance or thereafter adopted,enacted,or promulgated. 17 The applicant hereby agrees to supply additional information and evidence in support of the statements and matters contained in this application upon request of the Arizona Department of Revenue. STATE OF ARIZONA 1 1 SS COUNTY OF 1 p // � � i wQU��� �'L ' A e >Q� `,�v� ^f'/7 pi, being of lawful age,upon his oath,deposes and say that he is of the above named organization,that he is fully and duly authorized to sign and file the above application,that he has read the foregoing application and knows the contents thereof, and,that all matters therein set forth are true of his own knowledge,and that he does hereby certify that no commission, salary,compensation,reward or recompense will be paid to any person,firm,association,corporation or other legal entity for holding, operating,conducting or assisting in a game or games of BINGO,except as otherwise provided by law. `7(0, `lies Signature Subscribed and sworn to before me this /'" day of ` 7f7hrr £< ' ' 19 My commission expires My Commission Expires Jan.12,1934 , _ 4 , ,..„,. ,..,_,, ,,, , .. y++w r ak:;s. Signature 4f"oterx f,vWlc • .. :.. .. a+tF F' t��a �y aa,4x1 r xs., s .A-`, ,. b,M '"lw :',". , -4M' �sntlrebrYi. '�. m ,J., .'1 t: y6 g'r+� .,i � ,4� ,�5`3-rt. 4, .. •k ',a .;5t_ ti"i'i.i 4 i.�' L�"� .,ir--... ,""''''''w,a.;.: NA-w.:i 4*":"*F%.i:pirF uNx+l ...Ak'tiv"°f `ep',.' WepMixrw t, L,+..s. - ..,u.:-. . Y.;_ f*'"9.. 'tt' '.Ri -#,,"i . " fW.n,u*+r0 wa v H�x .v. »a ate. Fs-t't#d✓'SEs't'p ax424, ., 4 .r 4 ifi4r " ,�` ,l y,�ar 4,7,f 44 4,w�c y,yr a 51A Vf K,�,st ' ,,� H t t. n s • .✓ .. � __ '- ,0 x � rift i ' a *q .r.4+ Y t * za .x t' A ay w>a ' , a cai^w -wj Ti ...%y .� F. * _-,Y 'ice r izs '�� { _ *H. 4 n b-3 ,r.4.-'S as r.' ,-{ "k� t ,.s; c w ',': a .,'- a ar ` ,:__ _ ,... ,_.+,r,,ti C r `Hu .aY v,,w ta :.G,.�,f r a,sut ' ',,,,,a,• t V .t. ;%.� w :. x s g tin x ".",._r r' - �_�. » ..apxy„;�€�.,... -1;t_ .1.._ ,.. "�nu",3 ..,.Y„. Y:,..._ '.4"i;?e .... ai ... 't'�... .. _ p • ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX, ARIZONA 85007 BINGO LICENSE NO STATE OF ARIZONA ► ► SS COUNTY OF ► 1 S -1- C / l4 Pi L;l /4 i 1'V) off Pile',e_ E'uJL2r- � C t°y �C"ES m i e- Q.hD%"f � l e g of la ful age,upon his oath deposes and says that he will be responsible for the holding, operation and conduct of such Games f Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A.R.S. • (Sign re) Subscribed and sworn to before me this /y_day of 19 Ce;nrr•`= .a E.ApIr s Jan. 1.2, 49S3 My commission expires »' Z4 `-1):\ Signature of ot'atyi Public ' ' ',c, Please Print or Type Member's Name f-rv'�.ofrr e C1.ucr Address /«"o N, Dela war e Dr 10 City,State, Zip.Afel••(4C- JD rt vtitTh /R. 95'2 2 b • Telephone d b ' '1 6 7 • sec-1-B ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON PHOENIX, ARIZONA 85007 BINGO LICENSE NO. STATE OF ARIZONA ) SS COUNTY OF h()/2 /11 t/ ' ,being of lawful age,upon his oath deposes and says that he will be responsible for the holding, operation and conduct of such Games of Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A.R.S Xa/Wet_ ,%61-61A-Q (Signature) 77 ,),) 19 Subscribed and sworn to before me this /� day of 7�i`e2— , ;' ' f. n. 12 ram.. r` I� , � 1 . ��.,,. 3 EX}71ri� an. c, J , My commission expires Signature of p aryiPublic 1 ' I / 1 � � e, oak Please Print or Type Member's Name CN\ C k Q l V\ 0 0 T Address. 1 J 5 O , 'S e Q (..J Q-r City,State, Zip. T- ye Q 1�P c Pt-y- Telephone. O U ~ w 3 a a- SBG-t-B ARIZONA DEPARTMENT OF REVENUE BINGO LICENSING AUTHORITY SALES AND USE TAX DIVISION 1700 WEST WASHINGTON ' PHOENIX, ARIZONA 85007 BINGO LICENSE NO. STATE OF ARIZONA ) SS COUNTY OF ) ��'� �Lk'-_X1 �t J , being of lawful age, upon his oath deposes and ays that he will be responsible for the holding, operation and conduct of such Games of Bingo in accordance with the terms of the license and the provisions of Title 5,Chapter 4,Article 2,A.R.S )4/(0-i —etk.,, ---ii__CJA2c.--2-c.__.) (Signature) Subscribed and sworn to before me this /17 day of `-?2 -7'--14-"'—' 19 s.an. 12) 1.PS� " ?)) My commission expires ,,>+ "' -_7 ,,, .Z-' Signature of N:1t4ry'Public\ :.t, ; z, ,, 4 ')'' ,y 0 o )) ' `,, '.,`)/,))))),llll); 'r= _1 1 Please Print or Type •• ` (� f 7 A� Member's Name ! F t� E E l7 ,A E L S 0 W Address /J� !Y D , ,. .,Z.42 �c.,G4—c , � n,; 12 / City, State, Zip of UUU Lt�t-e�.dsjf1/L�;f � � a�, Telephone. & a S- ki r r sec-1-B ITEM NO, 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE BY GOLDEN ACRES MOBILE MANOR BE, AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION , FOR APPROVAL ROLL CALL VOTE SHEET, NOTES ITEM # MEETING OF MOTION BY: 4 SECONDED BY : YFS NO r ABSTAIN COUNCILMAN DAMIANO COUNCILMAN BUR'ESS COUNCILMAN EIDSON COUNCILMAN HILL 7' COUNCILMAN SHANKS / VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: J ITEM NO . 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE APPLICATION FOR A. SMALL GAME BINGO LICENSE BY GOLDEN ACRES MOBILE MANOR BE, AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION , FOR APPROVAL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE BY GOLDEN ACRES MOBILE MANOR BE, AND HEREBY IS, RECOMMENDED FOR DENIAL TO THE ARIZONA TAX COMMISSION , FOR DENIAL rPYACHE J 2 - O \\,....... gR1ZONp, its a &4rGLCl28unction November 24, 1980 MEMORANDUM TO: The Honorable Mayor and the City Courikttirover Fer Agenda Date Item # THRU: City Manager Fi;:!.,, ._,' 7 / .-3-40 ..._... FROM: Director of Public Works 5:::1'� ' - ,7 .._-__ ,., P:'�?'y ! ,i3rli'j SUBJECT: Median Crossing - Highway 60 (Revision t�,_; ,, . memorandum dated November 6, 1980) 2'� �� Vsy X New Badness On Thursday, October 30, 1980, Chief Bill McDaniels met with businessmen (see attached list) to schedule a meeting for the following Tuesday with the City and the Arizona Department of Transportation to discuss the construction options to the median crossing at Superstition Plaza. On Tuesday, November 4, 1980, a meeting was held in the Council Chambers and the following people were in attendance (see attached list) . The Director of Public Works provided an overview of what had transpired to date and introduced Benjamin Burritt from the Arizona Department of Transportation. Mr. Burritt explained the reasons for the engineering recommendations for the median redesigns and explained the options available which were: No. 1 Modify the median and make it a one way corridor. exiting North from the shopping center only; No. 2 Close the median opening entirely; No. 3 No action - median to remain as is. Of the options available, the Department of Transportation recommended number 1, modification of the median to a one way corridor in a northerly direction. The Department of Public Works and Department of Public Safety, after reviewing the traffic study and meeting with the businessmen, stated their recommendations to the City Council that these departments concur with the recommendations of the Arizona Department of Transportation. The businessmen do not feel that some of the criteria sited by the Department of Transportation is reasonable, in analyzing the modification to the median opening. They are concerned that if they accept the recommendation of the Arizona Department of Transportation this will restrict the City from having any further work done in the future in regard to this median 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 Median crossing - highway 60 Page 2 area and the interchange at highway 60. The Department of Transportation explained that the modification could be accepted with the stipulation that it is an interim solution only and that further work will need to be done. There was quite a bit of diccussion about signalizing commercial develop- ment, and Mr. Burritt explained that the Arizona Department of Transport- . ation is not opposed to signalizing developments, but there is certain traffic and design criteria that must be met and design installation costs would be borne by the developer. Further discussions included multiple problems of the highway, including pedestrian traffic crossing from North-South. It was explained by the Director of Public Works that in order to proceed with any major redesign and construction that the Arizona Department of Trans- portation Board should be contacted to discuss our problems and to solicit their assistance in reprioritizing programs, so that Apache Junction can begin design and construction at an earliest date, on some of the problems relating to highway and traffic problems. This Department will obtain the names of the Transportation Board members and contact them to solicit their help. In regard to the median crossover which prompted the study and the coordination with the businessmen and the Department of Transportation, there is yet to be a determination made by the City Council, as to whether or not to advise the Arizona Department of Transportation that we concur with their study and would request scheduling of the con- struction by their department. It is respectfully requested that the Council direct the Public Works Department as to their pleasure. Motions of options available are attached. RWB/an cc: Department of Public Safety W. McDaniel, Chief attach. Suggested Motions Highway 60 MOTION #1 BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the study and recommendation of the Arizona Department of Transportation be and hereby is approved, BE IT FURTHER RESOLVED, that the Director of Public Works, thru the City Manager, is directed to order construction to be scheduled by the Arizona Department of Transportation. MOTION #2 BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the recommendation to the Arizona Department of Transportation is that the median at milepost 195.62+ be entirely closed. MOTION #3 BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the recommendation to the Arizona Department I ^ of Transportation is that NO ACTION BE TAKEN and that the median crossing at milepost 195.62+ remain as is. L Traffic Problem - U.S. Hwy. 60 - Median Crossing Meeting in Public Safety Office held Thursday, October 30, 1980 Bob Cosetti Skaggs Drugs Linda Kuchenberg Sambo's Restaurant Jeff Frasier Alpha Beta J. Calvin Hill Representing Superstition Plaza Merchants Association Meeting held in City Council Chambers Tuesday, November 4, 1980 Rich Braman Director of Public Works, City of AJ Bill McDaniel " " " Safety " " " Ben Burritt Az Dept. of Transportation Jeff Frasier Alpha Beta Dick Cederberg Apache Junction News William Wright Supt. ,Apache Junction Schools J. C. Hill Travelcare-Superstition Plaza Carolyn Turner Kids World-Superstition Plaza Lee Wallesen Apache Bookworm " Virgil A. Johnson Pation Fine Arts Center Verya Haynes Treasure Chest #10 Gary K. Uryr Radio Shack Dealer-KTV Ann Correl Radio Shack Dealer KTV Jinmy S. Eidson City Council Jerry E. Burgess Marie Shanks " Virginia Seeman Mayor Thomas Damiano City Council Robert Casett Skaggs ROLL CALL VOTE SHEET NOTES fiHfrnalc ITEM # C MEETING OF MOTION BY: [1\ SECONDED BY : V< YFS Nn ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: k) ITEM NO , 6 BE IT RESOLVED BY Alternate BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, #1 THAT THE STUDY AND RECOMMENDATION OF THE ARIZONA DEPARTMENT OF TRANSPORTATION AS A TENTATIVE MEASURE, BE, AND HEREBY IS, APPROVED , BE IT FURTHER RESOLVED THAT THE DIRECTOR OF PUBLIC WORKS, THRU THE CITY MANAGER, BE DIRECTED TO ORDER CONSTRUCTION TO BE SCHEDULED BY THE ARIZONA DEPARTMENT OF TRANSPORTATION , Alternate #2 BE IT RESOLVED BY - THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RECOMMENDATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION BE THAT THE MEDIAN AT MILEPOST 195 , 62+ BE ENTIRELY CLOSED . Al ternate #3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RECOMMENDATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION BE THAT NO ACTION BE TAKEN AND THAT THE MEDIAN CROSSING AT MILEPOST 195. 62+ REMAIN AS IS, 4 �Qp.CHF�G� O Fqr 0 '1R/Z()IAN V ity o c puc1 e &9uncticn December 3, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM: CITY CLERK SUBJECT: AGENDA ITEM 7 -- PAYMENT FOR ARCHITECTURAL SERVICES Attached is the bill submitted for architectural services on the joint project with the School District for the Tennis Courts and Ballfield. Inasmuch as the City's fifty percent share of this cost exceeds the City Manager's authorized limit, Council consideration for payment of this fee is necessary. It should be noted for the record that the architectural services for this project are not part of the approved AORCC grant and, therefore, must be paid out of the City's general fund. Mr. Flynn, the architect, has also indicated that his fees, inclusive to the completion of construction, will not exceed an additional $4,000. Mr. Flynn's architectural firm has been involved from day one of the project and has completed all aspects of plans, drawings, specifications, etc. , for the ballfield/tennis court/parking, I recommend payment of the City's fifty percent share of his fee. SUGGESTED MOTION: Be it resolved by the Mayor and City Council of the City of Apache Junction, Arizona that payment in the amount of $6565.65 from Account No. 1 .0945, Fiscal Year 1980-81 budget to James Flynn & Associates for architectural services be, and hereby is, approved. (-7-Y7/ I-, RICH OESTERLE City Clerk RO/jdt 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 • �� ' r • d '� � { � ! 1 \, Imo. ! , ' r • , , , -, . . • J 3 • .-. J t ... . .. -/ •• . -. . - , r •• - . _/ .. _ - ' •% _. October 16, 19SO !Ir. 'William F. Wr i oht, S!.iper 1 n tPnd2nt - Apache Junction Unified Schorl District 2 - - P 0 Box 679 . - A:ache ,'unction, Arizona 85220 Our statehient for professional services to date for the ^•dditions to the Athletic Facilities is herc ii th su mi tted: April 40 hrs ) S2° 00 $ 1,1?0 00 14 hrs @S3o00 49000 eay 42 hrs to 5?3 00 1 ,1/6 00 14 hrs � S35.00 490.00 June 23 5 hrs @ $28.00 658.00 21 nrs @ S35 00 735.00 July 17 hrs 0 $28 00 476 00 13 hrs @ $35.00 455.00 August 20 hrs 2 $28.00 560.00 21 hrs @ $35.00 735.00 Sept 16 hrs ( $28.00 448.00 24 hrs r9 335.00 8e0.00 Oct. 8.5 hrs C $28.00 238 00 10 hrs 3 $35.00 35n Or' Elec. Encincering 3 603 90 reproduction of Specifications 475.28 ---..\ R:r,r oduction of Drar•:ings 282 12 } Total:17., 51 3,137.3 3, S w g, � Very truly yours ,, �1' JArS FLY,4 W if ASS::r CINE S \ ! I t I,, ,\ %I .. _,.6-Aiv\ 17//efo. ( 7) , , 11� I (AI4 jRyj . F1.y , A i 1 -AS A , /' -1 i , . , " 1 1 4 .`71 1 7-7 1 1 ) ' A.. '' '' '''. A I ] ' '''' i j , , A ,i 1, ,, , ; i ) , ,1 A , ,,, . , , , )„ „- -,,,,,,,,, 4 _A,- Lc, ,-„, :...,_. :*) s.A. .2 A c - , ' :=, '-' . Lli. • :- ..-.: f ' _A L. Ac- .1 , A '-1 A l: 111' '3:14 T731E1; ° 79,14Al il'1 � Y ® ° La alDs I / iaturo' irr ►sJ R 'p A e ,,b s.r Riallonni 53/.\ 1d'♦ ♦ 1vi v 1►?\C1,° ♦ +s 38F '°2Pv°, ° o5. -8 ° ' ,) November 26, 1980 J Mr. Rich Oesterle, City Clerk DEC 1 1980 City of Apache Junction 1001 North Idaho Road Post Office Box K Apache Junction, Az. 85220 Dear Mr. Oesterle: As we discussed with you and Mr. Wright our remaining fees would not exceed $4000.00 for the administration of the construction contract. The administration of construction will include but will not be limited to the following services• 1. Visit the site at intervals appropriate to the stage of construction activities. 2. Construction / payment coordination. 3. Issuance of Certificates of payment. 4. Interpreter of the requirements of the contract documents. 5. Review, approve or reject Shop Drawings, Product Data and Saples. 6. Conduct inspections to determine the dates of Substantial Completion. 7. Review and approve the as-built plans submitted by the contractor. Should you have any questions, please do not hesitate to contact me. Very truly yours, JAMES FLYNN & A: ATES 01\ I Aft J. , . . kr,tLi n Ai PQACHS � Y�Y 1 f�,YJ U rd.; ii y Z rY r' y qR/ZONP `Oitc on & pacIe 'unction November 24, 1980 James Flynn & Associates 6122 N. 51st Place Scottsdale, AZ 85253 Dear Jim: I am in receipt of your statement for professional services dated October 16, 1980. Inasmuch as the amount of $6,568.65 is in excess of the City Manager's authorization, the bill must be submitted for City Council approval. Prior to their action, and in accordance with discussion with Rich Braman and myself, I would ask you to provide, in writing, a statement as to the remaining project costs. Included in this statement as to your scope of work and fee would be time spent performing construction/payment coordination, construction inspection and certification of construction and other related areas as per the AORCC grant. Your assistance in getting us this information will be greatly appreciated in order that we may properly budget and promptly pay on your account. Should you have any questions, please do not hesitate to contact me. Sincerely, —R-4 RICH OFSTERLE City Clerk RO/jdt 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ROLL CALL VOTE SHEET NOTES ITEM # K MEETING OF MOTION BY: SECONDED BY : (C 6' YFS NO ABSTAIN COUNCILMAN DAMIANO COUNCILMAN DURESS - 000NCILMAN EIDSON COUNCILMAN HILL / COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: J .trl:;;.t^.kMY ,'uai:.,FY`'i !2nA'+la:".'L' 'hi'&'A.( s!ukrl".`�"�"+''e1Kirr4>�.�+,.-. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT PAYMENT IN THE AMOUNT OF $6568. 65 FROM ACCOUNT NO , 1. 0945, FISCAL YEAR 1980-81 BUDGET, TO JAMES FLYNN & ASSOCIATES FOR ARCHITECTURAL SERVICES BE, AND HEREBY IS, APPROVED, FOR APPROVAL A M ,rt -,cy�.•_.- yr.. sr"ti ..'�.ras .t K °�,n .Irskrx7P;'r # '°'fa ,.f+, '�?fi' 1'rW$aa.• `� BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT PAYMENT IN THE AMOUNT OF $6565 , 65 FROM ACCOUNT NO, 1, 0945, FISCAL YEAR 1980-81 BUDGET, TO JAMES FLYNN & ASSOCIATES FOR ARCHITECTURAL SERVICES BE, AND HEREBY IS, DENIED . FOR DENIAL i G V4e /0.1bk 0 i , ', �1;1 : Z `O qR/ZNp, "Oily o C pac/ e 09unctzon ,.. October 17, 1980 TO: City Manager THRU• Director of Public Works FROM: Building Official 4 7--W RE: Building Permit Fees - $700.00 Exemption Enclosed please find the draft of an ordinance to amend Table 3-A of the Uniform Building Code, 1979 Edition, per City Council's instructions of October 1, 1980. LF:sw Approver for Agenda f -.-., Date Item # First n_a;.!ing //-/9-K2 _- (p _ P L;:., i -D CI_i CW_,.,..ss .�>C- Nzw Gu.ariess 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 ORDINANCE NO -77 AN ORDINANCE OF THE CITY OF APACHE JUNUE1ON, ARIZONA, REVISING TABLE NO 3-A, BUILDING PERMIT FEES, OF THE UNIFORM BUILDING CODE, 1979 EDI- TION PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT SECTION I IN GENERAL That TABLE 3-A, BUILDING PERMIT FEES of the Uniform Building Code, 1979 Edition, as adopted by the City of Apache Junction is amended to read as follows. TABLE NO. 3-A - BUILDING PERMIT FEES TOTAL VALUATION FEL, $1.00 to $700.00 No Charge $701.00 to $2,000 00 $10 00 plus $1 50 for each additional "' $100 00 or fraction thereof over $701 00 a.r.€r per 44 to and including $2,000 00 $2,001.00 to $25,000.00 $32 50 for the first $2000 00 plus $6.00 for each additional $1,000 00 or fraction thereof, to and including $25,000 00 $25,001 00 to $50,000 00 $170 50 for the first $25,000.00 plus $4.50 for each additional $1,000 00 or fraction thereof, to and including $50,000 00 $50,001 00 to $100,000 00 $283 00 for the first $50,000 00 plus $3 00 for each additional $1,000.00 or fraction thereof, to and including $100,000 00 $100,001 00 and up $433 00 for the first $100,000 00 plus $2.50 for each additional $1,000 00 or fraction thereof Other Inspections and Fees 1 Inspections outside of normal business hours.. . ... . $15 00 per hour (minimum charge-two hours) [_ 2 Reinspection fee assessed under provisions of Section 305(h) $15 00 each 3 Inspections for which no fee is specifically indicated $15.00 per hour 4 Additional plan review required by changes, additions or revi- sions to approved plans $15.00 per hour (minim m, charge--one-half hour) Alma Aft. Ordinance No Page 2 SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the deci- sion 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 , 1980 Virginia Seeman Mayor AITEST C Rich Oesterle City Clerk Ask APPROVED AS TO FORM City Attorney ROLL CALL VOTE SHEET NOTES ITEM # b MEETING OF MOTION BY: ( 9 SECONDED BY: YFS NO ABSTAIN COUNCILMAN EIDSON_ COUNCILMAN SHANKS COUNCILMAN HILL COUNCILMAN BURGESS -COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOIE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: , 7 YFS NO ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURCESS COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 8 BE IT RESOLVED BY Step 1 THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO , 77, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED, (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, -the clerk must read the ordinance in full ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO , 77, BY TITLE ONLY, FOR THE SECOND READING . BE. IT RESOLVED BY Step 3 THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 77; AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, REVISING TABLE NO, 3-A, BUILDING PERMIT FEES, OF THE ---UNIFORM BUILDING CODE, 1979 EDITION; PROVIDING FOR THE REPEAL OF - - CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE, AND HEREBY IS, APPROVED. FOR APPROVAL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO, 77, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, REVISING TABLE NO. 3-A, BUILDING PERMIT FEES, OF THE UNIFORM BUILDING CODE, 1979 EDITION; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE, AND HEREBY IS, DENIED , FOR NMI rC!-.1.i.✓ y /� ..... Imo. >. , ~ ' O \\:"---...1_:: / dlP/Z ON P `Oity &4puche �ancti e an _A- November 14, 1980 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM• CITY CLERK SUBJECT: AGENDA ITEM -- AMENDMENT TO THE UNIFORM BUILDING CODE Pursuant to City Council direction of November 5, 1930 the attached Ordinance is submitted for Council consideration. VaCk b RICH OESTERLE rrt€- City Clerk RO/jdt ilk Arrro,,e.r for Agenda .....' Data Item 4 •. iLl)"_ t!caring ad E.::iness •- New Easiness 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 AM\ ORDINANCE NO 76 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 304 (a) OF THE UNIFORM BUILDING CODE, 1979 EDITION• PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, AND PROVID- )01241 ING FOR SEVERABILITY _ BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT SECTION I IN GENERAL That Section 304 (a) is amended by adding the follow- ing 1. The building official may waive the fee for reconstruction or repair of any residence damaged by natural calamity, such as, but not limited to, fire, flood, tornado, strong winds SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provi- sions of this ordinance or any part of the code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 1980 Virginia Seeman Mayor AITLST: Rich Oesterle City Clerk APPROVED AS TO FORM City Attorney ROLL CALL VOTE SHEET NOTES S ice ITEM # 1MEETING OF MOTION BY: SECONDED BY: 11D YFS NO ABSTAIN COUNCILMAN EIDSON COUNCILMAN SHANKS / COUNCILMAN HILL / COUNCILMAN BURGESS Irik COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES C SW 3 ITEM # MEETING OF MOTION BY: TA) SECONDED BY: YFS NO ABSTAIN COUNCILMAN SHANK / / COUNCILMAN EIDSON COUNCILMAN BURGESS - COUNCILMAN HILL COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO , Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 76, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED, (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full ) Step 2 CALL UPON THE CITY CLERK TO READ ORDINANCE NO , 76, BY TITLE ONLY, FOR THE SECOND READING , BE IT RESOLVED BY Step 3 THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO , 76, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 304 , (A) OF THE UNIFORM BUILDING CODE, 1979 EDITION; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE, AND HEREBY IS, APPROVED , FOR APPROVAL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NO , 76, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 304 , (A) OF THE UNIFORM BUILDING CODE, 1979 EDITION; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE, AND HEREBY IS, DENIED , FOR DENIAL ACHE✓ •.•Cp • ti : O ram".-.,..ti .1<.:. V itt' o . C94pache unction November 17, 1980 ?F1ORANDUM TO: The Honorable Mayor and City Council THRU• City Manager (A;k7FRCN Director of Public Works / SUBJECT: Salt River Project / Street Lighting Agreement Presently the Salt River Project is not providing electric service for street lighting to the City. In order to obtain such service the City must enter into this agreement. Essentially, this agreement provides for the installation, operation and maintenance of a street lighting system as may be ordered by the City. The agreement outlines the City/Utility responsibilities and defines the rates and charges. This agreement is basic in format and is required to be approved prior to the implementation of any street light improvement districts. ... This department recommends approval of this Street Lighting Agree- ment as attached hereto. RWB/an attach. ' r ti Date Item # i ,J•'rg --,cco'.ci \J3Ciing /.2'3...PO ...,.....—_ Pt1k) c f *r;r.9 Old Cus.ness ••.. PJ;;w Business 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 RESOLUTION NO. 80-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A STREET LIGHTING AGREEMENT WITH THE SALT RIVER PROTECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT WHEREAS, the Salt River Project Agricultural Improvement and Power District owns and operates an electric system supplying service to the City of Apache Junction, and WHEREAS, the district is not providing electric service for street lighting to the City, and WHERFAS, the City desires street lighting service from the utility to be furnished to that portion of the corporate limits of the City which is within the electric service area of the utility, and WHEREAS, this agreement is necessary in order to implement street improve- nEnt districts, and WHEREAS, this agreement will allow street lights to be installed for public safety and welfare, NOW THEREFORE, be it resolved by the Mayor and City Council of the City of Apache Junction, Arizona, that the City Manager of the City of Apache Junction, Arizona, be and hereby is authorized, empowered, and directed to enter into a street lighting agreement with the Salt River Project Agricultural Improvement and Power District """` PASSED this day of 1980, by the Mayor and City Council of the City of Apache Junction, Arizona. I Mayor ATTEST i City Clerk APPROVED AS TO FORM. City Attorney :emu v:.. .,.,:.. . ..+r,, . ; 'A J 1 STREET LIGHTING AGREEMENT 2 3 This Street Lighting Agreement (hereinafter called 4 "AGREEMENT" ) , made and entered into as of this day of 5 , 19 , between the SALT RIVER PROJECT 6 AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural 7 improvement district organized and existing under the laws of 8 the State of Arizona (hereinafter called "DISTRICT" ) , and the 9 CITY OF APACHE JUNCTION, a municipal corporation duly 10 organized and existing under the laws of the State of Arizona 11 (hereinafter called "CITY") . 12 13 RECITALS 14 0. 1 DISTRICT owns and operates an electric system 15 supplying service to the central part of Arizona . 16 17 0. 2 DISTRICT is presently not providing electric service 18 for street lighting to CITY. 19 20 0. 3 CITY desires STREET LIGHTING SERVICE, as hereinafter 21 defined from DISTRICT to be furnished to that portion of the 22 corporate limits of CITY which is within the electric service 23 area of DISTRICT. 24 25 0. 4 DISTRICT is willing to furnish such STREET LIGHTING 26 SERVICE to CITY at the applicable standard rate of DISTRICT. —1- 82-7531 1 NOW, THEREFORE, in consideration of the premises and 2 mutual covenants and agreements herein contained , the parties 3 hereto covenant and agree as follows : 4 5 ARTICLE 1 6 DESCRIPTION OF SERVICE 7 1 . 1 "STREET LIGHTING SERVICE" , as referred to herein , is 8 defined to include the installation, operation, and 9 maintenance of the street lighting system, consisting of 10 luminaires mounted on poles, installed at existing locations 11 on the effective date hereof, and at those locations as may be 12 ordered by the CITY within the electric service area of 13 DISTRICT. 14 15 1. 2 DISTRICT shall operate and maintain the DISTRICT' s 16 street lighting system in accordance with sound utility ". 17 practice. Operation and maintenance of DISTRICT' s system 18 shall include , but not be limited to , replacement of damaged 19 poles and the painting of metal poles when necessary to 20 maintain their neat appearance; maintenance of power voltage 21 and current; replacement of lamps; cleaning of glassware; and 22 servicing of control equipment in such a manner that the 23 illumination levels, as described by the average footcandles , 24 shall not fall below seventy percent (70%) of the initial 25 illumination level on those streets designed with continuous 26 * * * -2- 1 lighting , or fifty percent (50%) of the initial-illumination 2 level on residential or noncontinuous-lighted streets . 3 4 1. 3 CITY hereby agrees that DISTRICT shall furnish STREET .�. 5 LIGHTING SERVICE to all portions of CITY located within 6 DISTRICT'S electric service area , provided , however , that this 7 Paragraph 1. 3 shall not in any way either limit CITY' s right 8 to install equipment and facilities as provided in Article 3 9 hereof , or prohibit the establishment by CITY of a municipal 10 street lighting improvement district pursuant to Arizona 11 Revised Statutes, Section 9-713, et seq. CITY and DISTRICT 12 acknowledge that street lighting facilities covered by this 13 AGREEMENT are not subject to , or governed by, the provisions 14 of any franchise for the use of the public streets. 15 16 ARTICLE 2 17 FACILITIES PROVIDED BY DISTRICT .•. 18 2. 1 DISTRICT shall provide, or has provided , the 19 following equipment necessary to operate the street lighting 20 system: 21 22 (a) Poles 23 (b) Mast arms 24 (c) Luminaires 25 (d) Lamps , deflectors , shields and other minor 26 appurtenances -3- •2-7531 1 (e) Internal wiring 2 (f) External ballasts (as required) 3 (g) Constant current regulators (as required) 4 (h) Photocells and relay equipment 5 ( i) Lines and related equipment necessary to 6 connect the street lights to 7 DISTRICT' s electric distribution 8 system. 9 10 2. 2 All equipment and facilities installed by or provided 11 to DISTRICT shall be and remain the personal property of 12 DISTRICT, and shall be operated and maintained by DISTRICT. 13 Upon the termination of this AGREEMENT, DISTRICT shall have a 14 reasonable length of time not exceeding two years , to remove 15 all of its equipment and facilities. 16 17 2. 3 The CITY hereby expressly agrees to give the DISTRICT 18 notice within a reasonable time that any equipment itemized in 19 Paragraph 2. 1 hereof is not operating properly. Said notice 20 by telephone is acceptable and shall be confirmed by written 21 notice within five (5) working days . 22 23 ARTICLE 3 24 FACILITIES PROVIDED BY CITY 25 3. 1 Any facilities for street lighting or traffic control 26 provided by CITY which are to be served power and energy by -4- 1 DISTRICT pursuant to this AGREEMENT shall be subject to 2 inspection and approval of DISTRICT before being connected to 3 DISTRICT' s distribution facilities , which approval shall not 4 be unreasonably withheld . All such equipment and facilities 5 shall be installed and maintained by CITY and shall be 6 connected to DISTRICT' s distribution system by DISTRICT. 7 8 3. 2 All equipment and facilities installed by CITY shall 9 be and remain the property of CITY. 10 11 ARTICLE 4 12 ADDITIONS TO THE STREET LIGHTING SYSTEM 13 4. 1 All additions to the street lighting system by 14 DISTRICT shall be made only upon receipt of a written request 15 from CITY, and shall be subject to the following : 16 17 (a) Extensions of DISTRICT' s electric lines from 18 its existing secondary lines shall be limited 19 to a distance no greater than three hundred 20 (300) feet for each new street light 21 requested by CITY. 22 (b) Any extensions not in accordance with Section 23 4 . 1 (a) shall be provided if agreed upon by a 24 supplementary written agreement between CITY 25 and DISTRICT. 26 (c) In the event of an emergency, the existence -5- l2-7531 1 of which to be mutually agreed upon by CITY 2 and DISTRICT, DISTRICT shall take all 3 reasonable steps to provide STREET LIGHTING 4 SERVICE necessary to alleviate such emergency. 5 4. 2 CITY agrees to furnish written approval of each 6 street light location to DISTRICT prior to connection. 7 8 ARTICLE 5 9 DISCONTINUANCE OF SERVICE 10 5. 1 For the purposes of this AGREEMENT, service will be 11 considered to have been discontinued to a given street light 12 when the light or the pole to which said street light is 13 attached is removed and not replaced by another street light 14 within a radius of three hundred (300) feet of the original 15 location. 16 17 5. 2 Upon receipt of a written request from CITY, DISTRICT 18 shall discontinue operation of , and remove, at no cost to 19 CITY, any of DISTRICT' s wooden street light poles within 20 CITY' s boundaries which do not utilize underground wiring or 21 carry DISTRICT' S distribution lines. However , the total 22 number of wooden street light poles removed pursuant to this 23 Paragraph 5. 2 in any calendar year shall be limited to five 24 percent (5%) of the total number of such poles that were in 25 operation during the previous calendar year , or twenty-five 26 (25) poles , whichever is greater . 1 5. 3 CITY may request , at no cost to CITY, the 2 discontinuance of any street lighting facilities not covered 3 by Paragraph 5. 2 hereof, whether mounted on wood or steel 4 poles , and utilizing overhead or underground wiring , if such 5 discontinuance is necessitated by street widening , street 6 realignment or street abandonment, or is deemed by the parties 7 unsafe and a hazard to the public , or when located at 8 intersections where CITY is planning to install combination 9 traffic signal-street light units. 10 11 5. 4 In the event that CITY requests discontinuance of 12 service for any street lights not covered in Paragraphs 5. 2 or 13 5. 3 hereof , CITY shall pay all actual costs of such 14 discontinuance and removal , as determined by DISTRICT. 15 16 ARTICLE 6 .�. 17 RELOCATION OF FACILITIES 18 6. 1 For purposes of this AGREEMENT, Relocation of 19 Facilities shall be defined as the placement of the removed 20 street lighting facilities and equipment within the radius of 21 three hundred (300) feet of, but not at, the original location 22 of these facilities. 23 24 6. 2 The entire cost of relocation shall be borne by CITY 25 if DISTRICT is required to relocate street light facilities 26 when: -7- 1 1 (a) Such facilities are located in, private 2 easements or rights-of-way obtained by 3 DISTRICT prior to the dedication of the 4 public street , alley or easement from which Adak 5 the facilities must be relocated. 6 (b) Such facilities were originally located in 7 easements or rights-of-way obtained by 8 DISTRICT prior to the dedication of the 9 public street, alley or easement and have 10 been relocated by DISTRICT at CITY' s request , 11 with the understanding that the prior rights 12 of DISTRICT will be unaffected by such 13 relocation. 14 6. 3 Except as provided in Paragraphs 6. 2, 6. 4 and 6. 5 15 hereof , DISTRICT shall bear the entire cost of relocating 16 street lighting facilities located on public rights-of-way, 17 the relocation of which is necessitated by the construction of 18 improvements by or on behalf of CITY in furtherance of the 19 functions set forth in Sections 6. 3 (a) , 6. 3 (b) , 6. 3 (c) and 20 6. 3 (d) hereof. CITY shall bear the entire cost 'of relocating 21 any street lighting facilities, the relocation which is 22 necessitated by the construction of improvements by or on 23 behalf of CITY in furtherance of functions other than the 24 following : 25 26 (a) Any and all improvements to city streets, -8- 1 alleys and avenues designed to ' improve the 2 flow of vehicular and pedestrian traffic. 3 (b) Installation of sewers and storm drains and 4 related facilities. 5 (c) Installation of pipe and other facilities to 6 serve domestic and municipal water to the 7 extent that those facilities are used to 8 serve municipal facilities utilized in 9 furtherance of CITY' s municipal functions. 10 (d) Establishing and maintaining municipal parks . 11 12 6. 4 CITY shall pay the entire actual cost of relocating 13 any street lighting facilities, when relocation is 14 necessitated by CITY' s disposal or abandonment of a street 15 pursuant to Arizona Revised Statutes , Section 28-1902, where 16 such rights-of-way or easements for existing street lighting 17 facilities are not preserved under Arizona Revised Statutes, 18 Section 28-1903. 19 20 6. 5 Beginning on the effective date CITY adopts an 21 ordinance requiring the placement of street lighting wiring 22 underground , CITY shall bear the entire cost of relocating any 23 street lighting wiring which is placed underground pursuant to 24 such CITY ordinance , if such relocation is required within ten 25 (10) years following the date of installation. The cost of 26 relocating such wiring after the ten (10) year period shall be -9- 1 determined pursuant to Paragraphs 6. 2, 6. 3, o,r 6. 4 hereof, 2 whichever may be applicable. 3 4 6. 6 With respect to all other instances requiring 5 relocation of street lighting facilities, or necessitating 6 protecting DISTRICT' S street lighting facilities, or providing 7 temporary service where the improvements being installed by or 8 on behalf of CITY do not require street light relocation, the 9 allocation of costs for such relocation or providing of 10 temporary service or protection of facilities, shall be 11 pursuant to written supplementary agreement of the parties. 12 13 ARTICLE 7 14 REPLACEMENT OF FACILITIES 15 7. 1 For purposes of this AGREEMENT, Replacement of 16 Facilities shall be defined as placement of other than the 17 removed street lighting facilities and equipment in the former 18 place or position of the street lighting facilities and 19 equipment which were removed. 20 21 7. 2 Any replacement, including replacement at the time of 22 relocation, of DISTRICT' s street lighting equipment and 23 facilities requested by the CITY which DISTRICT deems 24 ' disadvantageous to the DISTRICT, except that replacement of 25 facilities provided for in Paragraph 1. 2 hereof, shall be made 26 * * * -10- •2-7531 1 by DISTRICT only if expressly agreed upon under the terms of a 2 separate written agreement between the CITY and the DISTRICT. 3 4 ARTICLE 8 5 RATES AND CHARGES 6 8 . 1 Rates and charges for the STREET LIGHTING SERVICE 7 shall be determined in accordance with DISTRICT' s Street 8 Lighting Service Rate Schedule E-50, attached hereto as 9 Exhibit A and made a part hereof, or successor Rate Schedule 10 applicable to municipal street lighting service and DISTRICT 11 reserves the right to make such changes in its Street Lighting 12 Service Rate Schedule E-50 or applicable successor Rate 13 Schedule as its Board of Directors may from time to time 14 direct, and such changes, when effective, shall become the 15 then applicable charge for the electric service provided for 16 herein. DISTRICT shall notify CITY at least five (5) days 17 prior to the effective date of any change in the Street 18 Lighting Service Rate Schedule E-50 or applicable successor 19 Rate Schedule which affects CITY and shall send CITY a revised 20 Exhibit A which shall be attached to and become ' a part of this 21 AGREEMENT. 22 23 8. 2 CITY agrees to pay all costs of all municipal street 24 lighting improvement districts which may subsequently be 25 formed by the CITY under the provisions of Arizona Revised 26 Statutes, Section 9-713 et seq. which cannot be lawfully -11- 1 assessed against property located within a municipal street 2 lighting improvement district because of the statutory 3 limitation on the amount of such assessments. Such costs for 4 which CITY is liable shall be remitted in accordance with 5 Article 9 hereof. This obligation of the CITY does not extend 6 to street lighting improvement districts which were formed by 7 the Pinal County Board of Supervisors in unincorporated areas 8 and which have since been annexed to the CITY. 9 10 ARTICLE 9 11 PAYMENT 12 9 . 1 Bills rendered monthly are due and payable upon 13 presentation and are delinquent thirty (30) days thereafter. 14 Payment not made within such period shall bear interest at the 15 same rate as provided for payment of accounts under DISTRICT' s 16 Rules and Regulations until paid. Billing shall be in 17 accordance with DISTRICT' s Street Lighting Service Rate 18 Schedule E-50 or applicable successor Rate Schedule, and with 19 DISTRICT' s Rules and Regulations. 20 21 ARTICLE 10 22 INTERIM SUBDIVISION STREET LIGHTING 23 10. 1 DISTRICT shall have the right to enter into 24 agreements with private homebuilders and subdivision 25 developers, pursuant to which DISTRICT will install and 26 operate street lights in new residential developments for -12- 1 purposes of home display and security, when said new 2 residential developments are not furnished STREET LIGHTING 3 SERVICE by CITY. All street lighting facilities installed 4 pursuant to this Article 10 shall comply with applicable CITY 5 regulations or policies for such installations , and shall be 6 placed at locations previously approved by CITY. The cost of 7 this STREET LIGHTING SERVICE shall be borne by the homebuilder 8 or developer requesting the services until such time as CITY 9 assumes, in writing, the responsibility for the furnishing of 10 such STREET LIGHTING SERVICE. 11 12 ARTICLE 11 13 INDEMNIFICATION 14 11. 1 DISTRICT shall at all times protect and save CITY 15 harmless from damages, loss or expense arising by virtue of 16 DISTRICT' s negligence, including that of its agents and 17 employees, in the construction, maintenance and operation of .r. 18 the street lighting system, provided , however, DISTRICT' S 19 obligations, as set forth in this Paragraph 11. 1, shall be of 20 no force or effect if the negligence of CITY was a material 21 element and a substantial factor affecting said damages, loss 22 or expense. 23 24 11. 2 CITY shall at all times protect and save DISTRICT 25 harmless from damages, loss or expense arising by virtue of 26 CITY' s negligence, including that of its agents and employees, -13- 1 in failing to give notice as agreed in Paragraph 2. 3, and in 2 the construction, maintenance and operation of any street 3 lighting equipment and facilities owned and/or operated by 4 CITY, provided, however, CITY' s obligation as set forth in 5 this Paragraph 11. 2, shall be of no force or effect if the 6 negligence of DISTRICT was a material element and a 7 substantial factor affecting said damages, loss or expense. 8 9 11. 3 It is agreed that DISTRICT, by virtue of this 10 AGREEMENT, shall not be liable to any inhabitant or citizen of 11 CITY, or to any other person, firm or corporation for any 12 claim, demand , loss or damage of any nature or character 13 whatsoever due to , or arising out of, any failure, diminution 14 or interruption of any of the services hereunder. It is 15 agreed that nothing in this AGREEMENT expressed or implied is 16 intended or shall be construed to confer upon or give any 17 inhabitant or citizen of CITY, or to any person, firm or 18 corporation other than the parties hereto , any right, remedy 19 or claim under or by reason of this AGREEMENT or any term, 20 covenant or condition hereof, and that all terms, covenants 21 and conditions in this AGREEMENT shall be for the sole and 22 exclusive benefit of the parties hereto. 23 * * * 24 * * * 25 * * * 26 * * * -14- 82-7531 1 ARTICLE 12 2 UNCONTROLLABLE FORCES 3 12. 1 Neither party hereto shall be considered to be in 4 default in respect to any obligation hereunder, other than the 5 obligation of CITY to make payments of amounts due under this 6 AGREEEMENT, if prevented from fulfilling such obligations by 7 reason of uncontrollable forces; the term "uncontrollable 8 forces" being deemed , for the purposes of this AGREEMENT, to 9 include, but not be limited to , acts of God , flood, 10 earthquake , storm, wind , lightning, fire, epidemic , failure of 11 facilities, war , riot, civil disturbance, restraint by court 12 or public authority, failure of any local , state or federal 13 agency to issue a permit , license or permission, or any like 14 cause beyond the control of the party affected , which, by 15 exercise of due diligence and foresight, such party could not 16 reasonably have been expected to avoid, and which such party 17 shall be unable to overcome. Either party rendered unable to 18 fulfill any obligation by reason of uncontrollable forces 19 shall exercise due diligence to remove such inability with all 20 reasonable dispatch. Nothing set forth herein shall be 21 construed to require a party to settle any strike or labor 22 dispute. 23 * * * 24 * * * 25 * * * 26 * * * -15- 12-7531 1 ARTICLE 13 2 ASSIGNMENT 3 13. 1 This AGREEMENT may be assigned by either party upon 4 the written consent of the other. However, no consent of CITY 5 shall be required if DISTRICT assigns this AGREEMENT to any 6 successor in interest to DISTRICT' s electric distribution 7 system. 8 9 ARTICLE 14 10 RULES AND REGULATIONS 11 14. 1 CITY agrees to comply with the Rules and Regulations 12 of DISTRICT as they now exist or as they may be amended or 13 supplemented from time to time by the Board of Directors of 14 the DISTRICT. The terms of this AGREEMENT, however, shall 15 prevail over any provisions of the Rules and Regulations in 16 the event of a conflict between this AGREEMENT and said Rules 9111. 17 and Regulations. 18 19 ARTICLE 15 20 RECORDS 21 15. 1 DISTRICT agrees to furnish CITY with records of the 22 street lighting system installations and changes which may 23 take place from time to time, to enable CITY to keep its maps 24 and records current with the developments of the street 25 lighting system. 26 * -16- 1 ARTICLE 16 2 WAIVERS 3 16. 1 Any waiver at any time by either party hereto of its 4 rights with respect to a default or any other matter arising 5 in connection with this AGREEMENT shall not be deemed to be a 6 waiver of any other matter or a subsequent default or matter. 7 8 ARTICLE 17 9 LICENSES AND EASEMENTS 10 17. 1 CITY agrees to issue to DISTRICT at no cost to 11 DISTRICT all easements, permits and rights of way necessary, 12 at mutually agreeable locations , including the right of 13 ingress and egress over the property owned or controlled by 14 CITY, in form acceptable to DISTRICT, copies of which are 15 attached hereto as Exhibits B, C, and D, and made a part 16 hereof, and such other rights as may be necessary in order 17 that DISTRICT may install , maintain, inspect or remove any 18 poles, lighting equipment, materials, appliances or apparatus 19 encompassed by the terms, covenants and conditions of this 20 AGREEMENT. Nothing in this Article shall exempt DISTRICT from 21 requirements to obtain said permits. 22 23 17. 2 CITY hereby agrees to grant without any cost or 24 ' charge of any kind all necessary or convenient rights-of-way 25 at mutually agreeable locations, for the installation, 26 maintenance and operation of electric and communication lines -17- •2-7531 1 over, under , and across the premises owned or controlled by 2 CITY connecting the various street light installations of CITY 3 with the said electric and communication lines of DISTRICT. 4 5 ARTICLE 18 6 NOTICES 7 18. 1 All notices, demands, or consents provided for or 8 authorized by this AGREEMENT shall be in writing and made or 9 sent by either party to the other. Such notice shall be 10 deemed properly made, given, or sent if mailed, _ postage 11 prepaid , and addressed as follows : 12 13 TO CITY: City Clerk City of Apache Junction 14 Apache Junction, AZ 85220 15 TO DISTRICT: Salt River Project Agricultural Improvement and Power District 16 c/o The Secretary P. O. Box 1980 17 Phoenix, AZ 85001 18 The designation of the person to be notified or the address of 19 either party may be changed at any time by five (5) days 20 notice given by such party in the same manner as that provided 21 herein. 22 23 ARTICLE 19 24 SEPARABILITY CLAUSE 25 19. 1 In the event any term, covenant or condition herein 26 contained is held to be invalid by any court of competent -18- l2-7531 1 jurisdiction, the invalidity of any such term, covenant or 2 condition, shall in no way affect any other term, covenant or 3 condition of this AGREEMENT, provided that the invalidity of 4 such term, covenant or condition does not materially prejudice 5 either CITY or DISTRICT in their respective rights and 6 obligations contained in the valid terms, covenants or 7 conditions of this AGREEMENT. 8 9 ARTICLE 20 10 TERM AND CANCELLATION 11 20. 1 Upon execution, this AGREEMENT shall be effective as 12 of , and shall continue in 13 effect for an initial term of Twenty (20) years. This 14 AGREEMENT shall be automatically extended for successive five 15 (5) year periods unless written notice of cancellation is 16 given by either party not less than three (3) months nor more 17 than six (6) months before the expiration date of the initial 18 term or the expiration date of any extension hereof. 19 20 ARTICLE 21 21 GOVERNING LAW 22 21. 1 It is understood and agreed that this AGREEMENT is 23 made under, and shall be governed by, the laws of the State of 24 Arizona . 25 * * * 26 * * * -19- S2 7531 1 IN WITNESS WHEREOF, the parties hereto have caused this 2 AGREEMENT to be executed as of the day and year first above 3 written. 4 400.4. 5 SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT 6 7 By Manager 8 Customer Accounts & Collections Department 9 ATTEST AND COUNTERSIGN: 10 11 Secretary 12 13 14 15 CITY OF APACHE JUNCTION, ARIZONA 16 17 By ,.� City Manager 18 19 ATTEST: APPROVED AS TO FORM: 20 21 City Clerk City Attorney 22 23 24 25 26 -20- .:-753I SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT ELECTRIC RATE SCHEDULE E-50 PUBLIC STREET LIGHTING SERVICE Effective: March 1 , 1980 Supersedes: January 4 , 1979 APPLICABILITY: To lighting public streets, alleys , thoroughfares, public parks and playgrounds by use of District' s standard facilities where such service is contracted for under this rate sched- ule by the state, a county, city, town, political subdivision, improvement district, or a responsible person or persons for unincorporated communities. Service is from dusk to dawn and District will own, operate, and maintain the street light system unless the customer specifically requests ownership. CHARACTER OF SERVICE: A standard high pressure sodium (HPS) lamp or mercury vapor (MV) lamp mounted in an appropriate luminaire and controlled by a photo electric switch. MONTHLY BILL: Rate A. Basic charges (Lamp, Luminaire, Bracket, and Energy) Style Estimated .•. Lumens Watts Type Energy Streamlined Modern 7, 000 175 MV 71 KWH $4. 97* - 9, 500 100 HPS 41 " 5. 75 $8. 44 11 ,000 250 MV 100 " 5. 89 -- 16, 000 150 HPS 60 " 6. 32 9. 21 20 , 000 400 MV 161 " 7. 60 -- 30, 000 250 HPS 105 " 8. 26 12. 59 50 ,000 400 HPS 163 " 9. 71 14. 13 *Also available in Early American or Contemporary at same rate. EXHIBIT A E-50 Page 2 03/01/80 B. Lamp and Power Service For power and lamp service when facilities are installed and owned by the customer. Subject to District approval of such installation and equipment, the following charges will apply: Monthly Lumens Watts Type Charge 20, 000 400 MV $5. 25 30,000 250 HPS 5. 26 C. Options to be added to basic charges where facilities are provided and owned by District. Poles 1 . Suitable existing pole No charge 2. 17 ' 6" and 23' 6" steel $2. 87/mo. 3. 26' 6" and 31 ' steel $3. 99/mo. 4. 35 ' steel $5. 56/mo. Extensions Customers requiring extensions will be subject to the following charges : One Time Monthly Underground Extensions* Charge Charge (a) Trenching and backfill provided by the District $1 . 64/ft. $1 . 08/mo./100 ft. (b) Trenching and backfill �. provided by the Customer $0. 34/ft. $0. 24/mo./100 ft. *This section is subject to the Special Conditions pro- vision F in this rate schedule. Minimums A. If investment is provided by District, the minimum monthly bill is $23. 00. B. If investment is provided by Customer, the minimum monthly bill is $16. 09. Adjustments A. The rate is subject to an increase or decrease based on changes in the weighted average cost of fuel and purchased power. Excluded from the average cost are the demand portion of firm purchases and certain other fixed or otherwise predictable, recurring E-50 Page 3 03/01/80 expenses predominantly associated with fuel handling. The fuel adjustment shall be determined prior to the beginning of each winter and summer season (or at any other time as required) by dividing the estimated cost of fuel and purchased power (net of exclusions) , plus any variance between estimated and actual cost of fuel carried forward from the preceding adjustment period, by the applicable kilowatt-hours. B. Monthly rate is subject to increase for applicable proportionate part of any taxes or governmental impositions which are assessed on the basis of gross revenues of the District and/or the price or revenue from the electric energy or service sold and/or the volume of energy generated or purchased for sale and/ or sold hereunder. Terms of Payment All bills are due when rendered and are delinquent 15 days thereafter. • Federal, state, county and city institutions, which nor- mally pay bills at longer intervals according to their schedules, may agree in writing with the District to other periods for payment which will more satisfactorily meet their budgeting requirements. RULES AND REGULATIONS : This schedule is subject to the Rules and Regulations of the .�� District governing electric service as of the effective date hereof and as they may be amended or supplemented by the Board of Directors of the District and to the Special Conditions following: Special Conditions A. The District will use diligence in maintaining service. Monthly bills will not be reduced because of lamp outages. B. Should the customer elect to make a non-refundable contribution in aid of construction to the District, for District owned facilities, the District may adjust the rate to recognize this contribution. C. The District shall not be required to extend its street lighting system more than 300 feet for each lighting installation. D. Additions to or conditions relating to the street lighting system other than those herein contained will be by supplementary agreement between customer and District. E-50 Page 4 03/01/80 E. Where any installations of underground service must be made in difficult areas such as under paving, in rock terrain, etc. , the District may require the customer to bear any additional costs of construction as determined by District field survey. F. The point of delivery for both customer and District- owned facilities shall be at the base of the pole for underground installations and at the overhead attachment point when lines are run overhead. G. Presently installed units which do not conform to the above types will be billed in accordance with the type which in District' s judgement is most nearly like such units. •_ AIMS When recorded return to: R/W Pt AGT Land Management Department EASEMENT Salt River Project COUNTY P.O.Box 1980 Overhead and Underground Power PARCEL# Phoenix,Atuons 85001 for and in consideration of the Sum of One Dollar,and other valuable consideration,receipt of which is hereby acknowledged,do hereby u grant to the SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT,a political subdivision of the State of Arizona,its successors and assigns,the right,easement and privilegeof placing,erecting,constructing,repairing,9n 4 replacing,main- • taining and using,a line of poles with wires suspended thereon and all necessary and proper guys,anchorage,crossarms, braces and • other fixtures for use in connection therewith,and underground conduits,cables,manholes and transformer vaults over,under and across the following described property: 0 O \ l+l U 4] ei7�ar:.�r.+.._ U Z 41 F Aft, together with the right of ingress and egress to permit the economical operation and maintenance of said transmission line and together with the right to permit other utility companies to use the right of way jointly with the Grantee for their utility purposes The said easement to include the right to cut back and trim such portion of the branches and tops of the trees now growing or that may hereafter grow upon the above described premises,as may extend over said right of way,so as to prevent the same from inter- fering with the efficient maintenance and operation of said transmission line In the event the right,privilege and easement herein granted shall be abandoned and permanently cease to be used for the put- pose herein granted,all rights herein granted shall cease and revert to the grantors,their heir.,or assigns Dated this.. _ day of , 19_, (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) STATE OF This instrument was acknowledged before me this day of as County of _ ,19____,by _ter My commission will.,Dire Notary Public • FYI-)TRTT R R1HT OF 'NAY D(V FORM lJ.156 SEFR� zPROJECT EASEMENT P. 0 BOX 1980 PHOENIX, ARIZ. 85001 R'W for and in consideration of the sum of One Dollar,and other valuable consideration,receipt of which is hereby acknowledged,do hereby grant to the SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT,a political subdivision of the State of Arizona, its successors and assigns, the right, easement and privilege of placing, erecting, constructing,repairing,replacing, maintainingand using, a line ofpoles with wires suspended thereon and all necessary p and proper guys,anchorage,crosecrma,braces and other fixtures for use in connection therewith,over and across the following described property: W U w 2 U w together with the right of Ingress and egress to permit the economical operation and maintenance of said transmission line and together with the right to permit the attachment or the wires and fixtures of any other company The said easement to include the right to cut back and trim such portion of the branches and tops of the trees now grow- ing or that may hereafter grow upon the above described premises, as may extend over said right of way,so as to prevent the same from interfering with the efficient maintenance and operation of said transmission line. ..♦ ., -`9a+y..,... ,.u. w. s.. may:..: t-1 In the event the right, privilege and easement herein granted shall be abandoned and permanently cease to be used for the purpose herein granted,all rights herein granted shall teas,and revert to the grantors,their heirs or assigns Dated this day of 19_ (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) STATE OF 1 This instrument was acknowledged before me this day of ss County of_ , 19 by Notary Public My commission will expire EXHIBIT C When recorded return to. EASEMENT R/W# AGT. Land Management Department Salt River Project Underground PowerCOUNTY P Box 1980PARCEL tt Phoenix.Anion 85001 for and in consideration of the sum of One Dollar,and other valuable consideration,receipt of which is hereby acknowledged,do here- by grant to the SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT,a political subdivision of the State of Arizona,its successors and assigns,the right,easement and privilege to construct,operate and maintain underground electrical conduits,together with its manholes,transformer pads and vaults and other appurtenances through,over,under and across the following described property f 0 W F a CAUTION:The above described easement contains high voltage electrical equipment and notice is hereby given that the location of "•""'"'c"""x"""""'�"""'r^"""Oi""r"'�"M"i underground electrical conduits may vary from the locations indicated in the above description,theref ore all persons who may secavate in the area must accordingly proceed with caution The GRANTEE shall at all times have the right of full and free ingress and egress to said easement for the purpose hereto- fore specified,and the right to permit other utility companies to use the right of way jointly with the Grantee for their utility purposes In the event the right,privilege and easement herein granted shall be abandoned and permanently cease to be used for the purpose herein granted,all rights herein granted shall cease and revert to the grantors,their hairs or assigns. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs,successors in ownership and estate,assigns and 1 of the respective parties hereto Dated this day of ,19_• (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) STATE OF This instrument was acknowledged before me this day of County of }se. _ ,19 ,by .:" "t.,y petr�tis «xC,ii+auL1F���y} t;5+ _:'a"`j My commission will expire Tiotary FYl-ITRT" T ROLL CALL VOTE SHEET NOTES • ITEM # MEETING OF MOTION BY: J SECONDED BY : --°) YFS NO APSTATN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL / COUNCILMAN SHANKS /VICE-MAYOR GRANILLO MAYOR SEEMAN f UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: -� 41 41 41 ITEM NO , 10 CALL UPON THE CITY CLERK TO READ THE TITLE OF RESOLUTION NO, 80-37 BY TITLE ONLY BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 80-37, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A STREET LIGHTING AGREEMENT WITH THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT BE, AND HEREBY IS, APPROVED , FOR APPROVAL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 80-37, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A STREET LIGHTING AGREEMENT WITH THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT BE, AND HEREBY IS, DENIED , FOR DENIAL 2' ,:::::1:4 ,C1.-A t y -IR,( .---. 0 ;'-''''' , (flti,"4 , ZOIA oity o' c4pucl2e 09unctaon November 26, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL _—., THROUGH: RAY LEE, CITY MANAGER f FROM: JOE GERO, DIRECTOR OF PLANNING ,,,,,,,_CHUCK NEWCOMER, ASSOCIATE PLANNER SUBJECT: AGENDA ITEM REQUEST - STREET NAMING POLICY AND ADOPTION OF OFFICIAL STREET NAMING MAP OF APACHE JUNCTION, ARIZONA BACKGROUND: At the November 19, 1980 meeting of the City Council , a motion was passed directing that an agenda item be prepared for the December 3, 1980 meeting regarding street names. The recommendations of the Planning and Zoning Commission were orally presented at the November 19, 1980 City Council meeting. In you packet is enclosed: 1. "Recommended Criteria For Uniform Address And Street Assignments, City of Apache Junction, Arizona". (These criteria are the recommendations of the Planning and Zoning Commission as adopted at their November 18, 1980 meeting) . 2. Recommended resolution to adopt these policies, to adopt the "Official Street Naming Map", and directing the Plan- ning and Zoning Commission to adopt a policy guide for resolving future street name requests. 3. Ordinance adopting the "Official Street Naming Map of Apache Junction, Arizona" . RECOMMENDED MOTION: "BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: 1. Ordinance No. 83, an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, adopting a street name map; repealing any conflicting provisions 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 November 26, 1980 Agenda Item Request - Street Name Policy Page 2 and providing for severability; be and hereby is adopted. 2. That the recommendations of the Planning and Zoning Commission as presented in the document entitled "Recommended Criteria For Uniform Addresses and Street Assignment, City of Apache Junction, Arizona", is received and approved. 3. The Planning and Zoning Commission be directed to adopt a policy guide to provide for a process and establish criteria for resolving future street name requests, three (3) copies of which shall be on file with the City Clerk. CRN:JWG/kmc PQp,ctiF 4pit,,, ,_. ,, ., r q P V itt' o f &4 pache 09unction RlZO\A Ilnik November 21, 1980 MEMORANDUM TO: The Honorable Mayor and City Council THRU: City Manager , 1 FROM: Director of Public Works SUBJECT. Street Names This department is aware that street addresses in Apache Junction have been changed throughout the years from post office box numbers, to proper names and to numbers. It is also understood that with each change some inconvenience and expense is incurred to residents and businesses. However, if action is being taken to standardize the street names, they should be consistant, without exception. Dis- patching maintenance and emergency vehicles to locations with an inconsistant name could create confusion, to the extent that life and property could be jeopardized. Also, assuming the City limits of Apache Junction will expand in the future, allowing an exception today will set a precedent for similar action in the future. This department supports the adoption of Address and Street Assignment Policy (A.S.A.P.) . However, this department recommends that if the Address and Street Asignment Policy is implemented, no exception should be allowed. Also this department, being aware of the Chamber of Commerce's previous intention to name streets to reflect local character, recommend for the same reasons previously mentioned, that the section line corridors named Superstition Drive and Lost Dutchman Boulevard be renamed University Road and Brown Road respectively. RWB/an Approver for Agenda Dm}s Rem # cc: All Departments First Reading i f_=;; Second Reading Public Hearing Old Business x (\Isw Business 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 PPAC�F✓ ... c "IPIZOO' V ity o &4pache unction November 12, 1980 v MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER FROM: JOE GERO, DIRECTOR OF PLANNING JL,cl - SUBJECT• AGENDA ITEM REQUEST - STREET NAMES BACKGROUND The City Council , during a recent meeting, directed the Planning and Zoning Commission to prepare and bring forth a recommendation for street names within the City of Apache Junction. The Planning and Zoning Commission appointed a Street Name Committee. They have concluded their recommendation. The Street Name Committee will present its report to the Planning and Zoning Commission on Tuesday, November 18, 1980. As the Council is aware, the City has received a street name sign grant from the Governor's Office of Highway Safety. In order to insure the retention of the funds from this grant, the City is desirous of proceeding with placing the street name signs at the specified locations as soon as possible. Prior to ordering these sign faces, the City Council must first, by Ordinance, adopt the street names for the various streets within the City. The adoption, by Ordinance, of a street name map would accomplish this task. K ' Therefore, without compromising the right of the general public to have their input, it is requested that the Council be as expeditious as possible in determining the outcome of this report. The report of the Planning Commis- sion is being requested to be an agenda item on your Wednesday night meeting at which time recommendations on street names of the City will be made. RECOMMENDATION: At your November 19, 1980, City Council meeting, the report of the Planning Commission will be made to you outlining the proposals for establishing street names within the City. The Council would hopefully direct the staff to make available to the public, in a reasonable manner, the information as presented by the Planning Commission With the public announcement made, the staff would hope that the street name determinat�,ons,,coo Td1be..�gade __ ___ during your meeting of December 3, 1980. Date Item # F:rsF R^0.:2*-.3 _I1-iQ 80 .--' s..,J r.,..::: ng ............ 4. 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 ...... ad G-..nets —..... New 6us:ne.ss Agenda Item Placement Request Page 2 SUGGESTED MOTION- "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY MANAGER BE GIVEN DIRECTION TO CAUSE A REPORT OF THE P,LPNNING AND ZONING COMMISSION ON STREET NAMES BE MADE AVAILABLE TO THE GENERAL PUBLIC IN A REASONABLE MANNER AND THAT AN AGENDA ITEM BE PREPARED FOR THE DECEMBER 3, 1980 MEETING WITH REGARD TO STREET NAMES. " FOOTNOTE (For the Council 's Information) The Planning and Zoning Commission will be having street names on their agenda for the meeting of Tuesday, November 18, 1980, at 7:00 P.M. in the City Hall Council Chambers. Any Council member wishing to be present is invited to do so. STREET NAME ADDENDUM Realizing that the street name recommendations as projected would have no change in the Northeast quadrant of the City and that this same Section has been chosen for the initial placement of the street name signs, the staff is requesting that the City Council approve the following motion at its November 19, 1980 meeting- "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY MANAGER BE AND HEREBY IS DIRECTED TO AUTHORIZE THE ORDERING OF THE STREET NAME SIGNS FOR THE NORTHEAST SECTION OF THE CITY OF APACHE JUNCTION, UTILIZING THE NAMES AS THEY APPEARED IN THE ORIGINAL STREET NAME SIGN GRANT" . JWG/kmc inns RECOMMENDED CRITERIA FOR UNIFORM ADDRESSES AND STREET ASSIGNMENT, CITY OF APACHE JUNCTION, ARIZONA 1 Each alignment shall have one consistent name throughout its entire length as it crosses the City (except for necessary prefix). 2 Each alignment name shall consist of three parts. 1 prefix 2. alignment name or number 3 suffix 3 A Base Point shall be established at the intersection of Idaho Road and Junction Drive. 4 All East-West alignments lying North of the point shall be uniformly suffixed "Streets" The only exception shall be section line align- ments, which shall be uniformly suffixed "Boulevards" 5. All East-West alignments lying South of the Base Point shall be uniformly suffixed "Avenues". 6 All North-South alignments lying East of the Base Point shall be uniformly suffixed "Roads" 7 All North-South alignments lying West of the Base Point shall be suffixed "Drives" 8. All East-West alignments lying East of the Base Point shall be prefixed "East" ,x„ _ �,; 9 All East-West alignments lying West of the Base Point shall be prefixed "West". 10. All North-South alignments lying North of the Base Point shall be prefixed "North" 11. All North-South alignments lying South of the Base Point shall be prefixed "South" 12 The "Avenues"shall be numbered rather than given proper names. Exceptions 1. That part of the Palm Springs Subdivision bounded by E. Desert Ave, on the North; E. Southern Ave.on the South, S. Cactus Rd. on the East; and S Winchester Rd , on the Wdst Within the area delineated by these boundaries, the East-West alignments shall retain their name instead of being numbered and shall be pre- fixed "East" and suffixed "Avenue". E. 21st Ave., also known as Ocotillo Lane, should be renamed"E. Osage Ave" within this defined area. 2. "Broadway Avenue" and "Southern Avenue" shall retain their names 13. Any East-West alignment lying between any two consecutively numbered "Avenues" shall be uniformly suffixed "Lanes". The suffix "Lane" should n, .�,.... be used for no other purpose 14 All alignments other than East-West alignments South of the Base Point, shall be given proper names rather than being numbered 15. Block addressing shall be assigned 1600 numbers to the mile starting North, South, East, and West using the Base Point as "zero" (0) Address assignment of a property shall be based on 1 The location of the driveway or accessway to the property from the public street on which it fronts 2. And a) on North-South alignments, addresses on the East side of the street shall be "odd" numbers, addresses on the West side of the street shall be "even" numbers, b) on East-West alignments, addresses on the North side of the street shall be "even" numbers and addresses on the South side of the street shall be "odd" numbers r Ask Page 2 Address and Street Assignment 16 Names for New streets should conform to the following A Streets should not be named for trees, plants or animals which do not occur in the general area ( i e Pinal County) B. Streets should not be named for distant landmarks which have no meaningful relationship to the general area. C Streets named after people should ordinarily conform to the following: The person should have been in the area 50 years, and/or should have contributed something of major historical consequence to the general area Simply having been the first man to build a house on a given street should not ordinarily justify giving one's name to a 6-mile alignment. An exception to this being that the last names of the first and interim City Council members may be selected for new street names. * D. Names with Western character or flavor seem better suited to the Apache Junction area E. Spanish names can be desirable, but should be appropriate and meaningful. 17. Departures from the above criteria should be made only in the most extenuating circumstances 18 The "Address and Street Assignment Policy Manual", September 1979 edition, is to be used as a policy guideline in assigning new address and street names 19 "Junction Drive" should be re-named "Junction Street". 20. "Meridian Road" should be re-named "Meridian Drive", if the consent of other political subdivisions affected by the re-naming is given. 21. The street names, as they appear on the map "Official Street Naming Map of Apache Junction, Arizona", should be the official street names for public streets within the City of Apache Junction, Arizona. * Those last names being: First Council Interim Council Seeman, Virginia Hudson, Roy Granillo, John Peck, Vinton Burgess, Jerry Shanks, Marie Hill, Norm Eidson, Jimmy Damiano, Tom ORDINANCE NO. 83 AN ORDINANCE OF THE/ MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING'A STREET NAME MAP, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I IN GENERAL 1 The street names as appear on the map "Official Street Naming Map of Apache Junction, Arizona", shall become the official street names for public streets within the City of Apache Junction, Arizona 2 When there is a change in part or all of a street name, property owners shall be given twelve (12) months from the effective date of change to correct their mailing address. 3 Any future requests for street names shall first be reviewed by the Planning and Zoning Commission of the City of Apache Junction, Arizona, and the Apache Junction, Arizona, United States Post Office, and submitted to the City Council for their consideration. 4 The Zoning Administrator is hereby directed to maintain an address map, and to assign addresses to various parcels of land within the City according to established Departmental criteria. [ SECTION II. REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY roma If any section, sub-section, 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 EMERGENCY CLAUSE 'a::P.,/R�ti4hf6t�1.7r'T1MMY! `RM✓%V'�i+ti WHEREAS, it is necessary for the preservation of 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 CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Mayor Air ORDINANCE NO 83 Page 2 ATTEST• City Clerk APPROVED AS TO FORM City Attorney Amok ROLL CALL VOTE SHEET NOTES C ITEM # II MEETING OF MOTION BY: G SECONDED BY : ITO YFS NO ABSTALN , C COUNCILMAN SHANKS__ COUNCILMAN EIDSON COUNCILMAN BURGESS COUNCILMAN HILL COUNCILMAN !AM.IANO VICE-MAYOR GRANILLO MAYOR SEEMAN / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: >2( ROLL CALL VOTE SHEET NOTES ITEM # \` MEETING OF MOTION BY: ti SECONDED BY: 6 YF� NO . PCTAINI COUNCILMAN BURGESS COUNCILMAN DAMIANO / COUNCILMAN EIDSON COUNCILMAN HILL 7 COUNCILMAN SHANKS f VICE-MAYOR GRANILLO MAYOR SEEMAN / _ I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO , 11 BE IT RESOLVED BY THE 1 MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO , 83, 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 . NOIE: CALL UPON THE CITY CLERK TO READ ORDINANCE NO , 83 3Y TITLE ONLY, WITH THE EMERGENCY CLAUSE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO , 83, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING A STREET NAME MAP; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY, BE, AND HEREBY IS, ADOPTED , BE IT FURTHER RESOLVED THAT THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AS PRESENTED IN THE DOCUMENT ENTITLED "RECOMMENDED ASSIGNMENT, CITY ��sf a �k�� OF APACHE JUNCTION, ARIZONA", IS RECEIVED AND APPROVED AND BE IT w„+t:',44, ' FURTHER RESOLVED THAT THE PLANNING AND ZONING COMMISSION BE DIRECTED f�` 1-; TO ADOPT A POLICY G IDE TO PROVIDE FOR A PRECESS AND ESTABLISH . ,.,-(: "55 CRITERIA FOR RESO EI G FUTURE STREET NAVE REQUESTS, THREE (3) COPIES OF WHICH SHALL BE FILE WITH THE CITY CLERK, FOR APPROVAL (WITH EMERGENCY CLAUSE) ITEM NO, 11 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO , 83, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING A STREET NAVE MAP; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE, AND HEREBY IS ADOPTED , BE IT FURTHER RESOLVED THAT THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AS PRESENTED IN THE DOCUMENT ENTITLED "RECOMMENDED ASSIGNMENT, CITY OF APACHE JUNCTION, ARIZONA", IS RECEIVED AND APPROVED; AND BE IT FURTHER RESOLVED THAT THE PLANNING AND ZONING COMMISSION BE DIRECTED TO ADOPT A POLICY GUIDE TO PROVIDE FOR A PROCESS AND ESTABLISH CRITERIA FOR RESOLVING FUTURE STREET NAME REQUESTS, THREE (3) COPIES OF WHICH SHALL BE ON FILE WITH THE CITY CLERK. FOR APPROVAL (WITHOUT EMERGENCY CLAUSE) (THIS WILL BE THE FIRST READING) BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO, 83, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING A STREET NAME MAP; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE, AND HEREBY IS, DENIED , FOR DENIAL 0.14 _ "NAMED BY THE TURN OF A CARD" r V r I kj d•v I \ 4 . City of Show Low. P O Box 468 SHOW LOW, ARIZONA 85901 537 5724 November 6th, 1980 The Honorable Virginia Seeman Mayor of Apache Junction 1001 North Idaho Road Apache Junction, Arizona 85220 Dear Mayor Seeman. Following the City of Peoria 's lead, our City Council has adopt- ed a resolution requesting the Arizona Department of Health Ser- vices to delay implementation of a Cease and Desist Order against an intermediate care facility for the elderly located in Peoria, until the legislature has an opportunity to address the problem. We have sent a copy of this resolution to the Arizona Department of Health Services, the Governor, and to our State Legislators. I would urge you to consider similar action. Sincerely, Clyde "Buck" Sumerl in Vice Mayor cc. The Honorable Edmund Tang, Mayor of Peoria Encls. CBS:ds CITY OF SHOW LOW RESOLUTION NO. 254 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SHOW LOW, ARIZONA, REQUESTING THE DEPARTMENT OF HEALTH SERVICES TO DELAY IMPLEMEN- "� TATION OF A CEASE AND DESIST ORDER AGAINST AN INTERMEDIATE CARE FACILITY FOR THE ELDERLY, AND DECLARING AN ENERGENCY . WHEREAS , an intermediate care facility for the elderly is operated within the City of Peoria , and WHEREAS , the current statutes and regulations do not provide for such a facility; and WHEREAS, the Department of Health Services has caused a Cease and Desist Order to be issued against the facility; and WHEREAS, a legislative group is considering proposing amendments to the statutes in order to provide for such fa- cilities , NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Show Low that the Department of Health Services be rquested to extend the time of the Cease and De- sist Order so that the legislature might have the opportunity to address the problem prior to the effective date of said Cease and Desist Order . PASSED AND ADOPTED by the Mayor and Common Council of the City of Show Low, Navajo County, Arizona , this 5th day of November , 1980 . Clyde L. Surnerlin Vice Mayor ATTEST. 7 _)/7y ,/ /(J William Puzz , City Cle`fk APP VE AS TO/P0 • G Terris Porter ,City Attorney RESOLUTION NO 80 - 38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE DEPARTMENT OF HEALTH SERVICES TO DELAY IMPLE- MENTATION OF A CEASE AND DESIST ORDER AGAINST AN INTERMEDIATE CARE FACILITY FOR THE ELDERLY, AND DECLARING AN EMERGENCY. WHEREAS, an intermediate care facility for the elderly is operated within the City of Peoria; and WHEREAS, the current statutes and regulations do not provide for such a facility; and WHEREAS, the Department of Health Services has caused a Cease and Desist Order to be issued against the facility; and WHEREAS, a legislative group is considering proposing amend- ments to the statutes in order to provide for such facilities, NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction that the Department of Health Services be requested to extend the time of the Cease and Desist Order so that the legislature might have the opportunity to address the problem prior to the effective date of said Cease and Desist Order. _ PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Pinal County, Arizona, this day of , 1980 VIRGINIA SEEMAN Mayor ATTEST /11%, RICH OESTERLE City Clerk APPROVED AS TO FORM. 1 . ROLL CALL VOTE SHEET NOTES ITEM # (Z MEETING OF MOTION BY: S SECONDED BY: I YFS NO ABSTAIN COUNCILMAN BURGESS - COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEF NO , 12 CALL UPON THE CITY CLERK TO READ RESOLUTION NO, 80-38 BY TITLE ONLY, WITH THE EMERGENCY CLAUSE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 80-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHEJUNCTION, ARIZONA, REQUESTING THE DEPARTMENT OF HEALTH SERVICES TO DELAY IMPLEMENTATION OF A CEASE AND DESIST ORDER AGAINST AN INTERMEDIATE CARE FACILITY FOR THE ELDERLY, AND DECLARING AN EMERGENCY BE, AND HEREBY IS, ARRROVED, pa pt- I ) FOR APPROVAL (WITH EMERGENCY CLAUSE) BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO, 80-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE DEPARTMENT OF HEALTH SERVICES TO DELAY IMPLEMENTATION OF A CEASE AND DESIST ORDER AGAINST AN INTERMEDIATE CARE FACILITY FOR THE ELDERLY BE, AND HEREBY IS, APPROVED , FOR APPROVAL ( WITHOUT EMERERGENCY CLAUSE) BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO, 80-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE DEPARTMENT OF HEALTH SERVICES TO DELAY IMPLEMENTATION OF A CEASE AND DESIST ORDER AGAINST AN INTERMEDIATE CARE FACILTY FOR THE ELDERLY BE, AND HEREBY IS, DENIED, F(1R flFNTA1 ROLL CALL VOTE SHEET NOTES ITEM # )% MEETING OF MOTION BY: SECONDED BY : 0- - YFS NO ABSTAIN COUNCILMAN BURGESS- / COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO , 13 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 DECEMBER, 1980 AT 6: 00 P, M, IN THE CITY MANAGER'S CONFERENCE ROOM, CI3' �`J z yt, zoo- `Oily o @479uci e . unction November 19, 1980 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER --- =--�,,\` FROM. JLL, OE GERO, DIRECTOR OF PLANNING EXECUTIVE SECRETARY, PLANNING AND ZONING COMMISSION SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Attached you will find copies of the approved "Minutes" from the Planning and Zoning Commission meeting of October 14, 1980. Any questions concerning these "Minutes" should be directed to the Executive Secretary. Please have the original copy of the "Minutes" entered in the official MINUTES BOOK. JWG/kmc 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 Planning and Zoning Commission City of Apache Junction, Arizona 1001 North Idaho Road Apache Junction, Arizona October 14, 1980 7 00 P M In Attendance Absent Guests George Baljo, Chairman Roy Hudson Mrs M Fetz Ilene Taylor, Vice Chairman (vacation) Mr J.A. Fetz Mildred Baker Richard Oltman P Schafer John Hutchens (business) Mr. and Mrs Richard Hogue Ron Kell Blake Hogue Henry Steelsmith Dan H. Andrews Sim Strickler P B Middlebrook III Joe Gero, Executive Secretary Tom Summer Kathy Connelly, Secretary Mr and Mrs. Scott Morris Mr and Mrs Gary Ball Nina Middlebrook John A Forsberg Ron Bennett Clarence Zehnle Keith Stachar David J. Evans J Henry Benson Joe Morvak Thomas Damiano, Councilman Bill McDaniel, Director of Public Safety Chuck Newcomer, Associate Planner ( 1. Chairman opened the meeting at 7:05 P M and directed the Executive Secretary to call the roll. 2 Mr Gero called the roll and determined seven members present as indicated above. 3 Chairman announced that a quorum was present and asked the members to review the "Minutes" from the previous meeting which they had before them. 4 Kell/Strickler M/S to approve the "Minutes" from the Planning .Trid Zoning Commission meeting of September 9, 1980 as written The motion passed 7-0 5. Chairman announced the public hearing portion of the meeting to be open and directed the Executive Secretary to brief the Commission members on the first case before them, PZ-16-80 6. Mr. Gero explained that PZ-16-80 (Proposed Ordinance #70) and PZ-17-80 (Proposed Ordinance #71) should be considered together since #70 had to be approved by the Commission as a Commission Initiative prior to the consideration of #71 He explained that PZ-16-80 involved an amendment of the Zoning Ordinance that would clarify the language of Section 2804 "Filing Fees" and add a fee for Special Use Permits PZ-17-80 was the codification of the Zoning Ordinance with no changes but for the amendment of Section 2804 and the revision of the penalties for a mis- demeanor to comply with the new State penalties He added that the Commission should first approve the staff initiative to present these cases to Page 2 - Planning and Zoning Commission Meeting of October 14, 1980 the City Council as Commission Initiatives 7 Steelsmith/Kell M/S to ratify the staff initiative on Proposed ffrd'inance #70 and #71 calling for a Commission Initiative on the same proposed ordinances The motion passed 7-0. 8 Chairman announced that the hearing on case PZ-16-80 was open and called for comments He added that the proposed ordinance would go to the City Council as a Commission Ini- tiative and recommended that a fee be charged for a Special Use Permit application He asked the Commission members to consider the dollar amount that was being suggested since he felt that it seemed higher than it should be He questioned whether or not the fee was refund- able and if a party requested a Commission Initiative that was refused, would that same party have to file for a rezoning and go through another procedure with another filing fee 9. Mr. Gero explained that the proposed ordinance would add a fee for the filing of a Special Use Permit In adopting the original Ordinance, the fee was left out In addition, there was no allowance for an Initiative that was done by a City official in the public interest He further explained a past case in which a property owner could not obtain one signature for his rezoning application and had to re- quest a Commission Initiative. He added that Pinal County had recently increased their fee for a Special Use Permit to $100 00 and to $150.00 for a rezoning hearing Neither of these fees were refundable. He called their attention to Section 2302 and the process whereby an individual could re- quest a Special Use Permit The Ordinance did Olu\ not presently require a filing fee He explained that the process involved the sending of cer- tified notices to all property owners within 300' of the proposed use Each of these cer- tified letters cost $1 45 He added that if for some reason the application was withdrawn, the applicant would be refunded the fee less a 10% administrative charge if the City had not incurred additional expense. He clarified the matter by adding that if an individual wanted a rezoning, but was unable to get the required consent by petition, then the applicant could request a Commission Ini- t. tiative. In this case, since the applicant had something personal to gain, it was only fair that a fee should be charged. On the other hand, if a rezoning is done in the public interest, then no fee should be charged 10 Chairman called for comments on Proposed Ordinance =70 11. Mr Steelsmith asked if action could be taken on Ordinance #70 tonight. Page 3 - Planning and Zoning Commission Meeting of October 14, 1980 12 Mr Gero explained that the item had already been advertised for public hearing 13. Chairman called for comments and discussion from the public 14. Mr. Gero added that the proper legal advertisements had been published in the newspapers and that addi- tional press releases were in the works 15. Chairman since there was no comment from the public, he called for a motion to close the public hearing 16. Steelsmith/Baker M/S to close the public hearing on case PZ- i6-80, also known as Proposed Ordinance No. 70. The motion passed 7-0. 17 Mr Kell asked Mr Baljo why he questioned the fees in the proposed ordinance 18 Chairman explained that if the City had a General Plan, he would see the reason for establishing a fee for Special Use Permits and rezonings, but since so much of the land in the area was zoned GR, he felt that the fee for a Commission Initiative should be lower 19 Mr Gero pointed out that the City budget did not allow for the costs stemming from a rezoning to be passed back to the City He added that the costs included the required advertisement in a newspaper plus the certified notices to all the property owners within a 300' radius He pointed out that future Commission Initiatives would not require a fee if initiated by the Commission or a City official 20 Chairman mentioned that the fees charged by the County did not seem well-balanced ..., 21 Mr Gero explained that if an individual can obtain the necessary rezoning by petition and consent, then the request for a Commission Initiative was not necessary. He added that the Commission Initiative could be requested if all else fails. Since this would benefit the individual appli- cant, then it seemed reasonable to charge a fee 22 Chairman could not see the reason for the fee 23 Mr Gero attempted to clarify the issue by explaining that the first step in a rezoning request was the petition and consent process which would result in a map change This required a fee of $100.00 and, if rejected by the Council, would require a six-month waiting period before re-submitting the application. The applicant could not request a Commission Initiative until that time Since this was a case of an indivi- dual directly benefiting, it was reasonable to charge a fee He added that if there arose a proposed change in the text of the Zoning Ordinance which would benefit the general public, then it only seemed Page 4 - Planning and Zoning Commission Minutes of October 14, 1980 only fair that no fee would be charged. 24 Chairman repeated that there should not be a fee for any Commission Initiative whether requested by an individual or not He did not agree .\ that a fee should be charged unless it was in the public interest to have the change 25 Mr Kell asked as a point of information, if Subsection A of the Ordinance allowed for the waiving of the fees 26. Mr. Steelsmith agreed with Mr. Kell that Subsection A allowed for the waiver of fees if the request for a Commission Initiative benefited the public. 27 Chairman disagreed with both Mr. Kell and Mr Steelsmith 28 Mr Gero explained the process that would take place if a Commission Initiative was requested, the case would be presented to the Commission and they would make the decision whether to accept it or not If accepted as a Commission Ini- tiative, then the applicant would be required to pay a $100 00 fee ^^-�= 29 Mr Steelsmith asked that if the request was in the interest of the general public that no fee would be charged. 30 Mr Gero replied "Yes" 31. Chairman emphasized that that should be in the ordinance 32 Mr Steelsmith remarked that it was 33. Mr. Kell stated that he had no problem with the Ordi- nance as written and that he interpreted it to already have the waiver of fees in the text 34. Chairman disagreed with Mr Kell and stated that he thought the Ordinance should be re-written. 35 Mr Gero explained that the purpose of the public hearing was to allow the Commission Initiative, not necessarily support the Ordinance. 36 Mrs Baker asked if the applicant must first come before • the Commission and request a Commission Ini- tiative. 37 Mr Gero replied "Yes". 38. Chairman emphasized that it should be put in writing 39 Mr Kell called for the question 40. Steelsmith/Baker M/S "Be it resolved by the Planning and Zoning ETOmission of the City of Apache Junction, Arizona, that it recommend to the City Council the approval of Proposed Ordinance No 70" The motion passed 6-1 with Mr Baljo voting against the motion /mak Page 5 - Planning and Zoning Commission Minutes of October 14, 1980 41 Chairman announced that the next item was case PZ- 17-80, Proposed Ordinance No 70 He asked the Executive Secretary to brief the members on the case 42. Mr Gero explained that PZ-17-80 was the codification of the City Zoning Ordinance. This included approximately 25 amendments and changes in the text due to ordinances. He added that there were no actual changes in the Ordinance with the exception of the correction of grammer, spelling and punctuation The only change in the Ordinance appeared in Section 2713 which revised the penalty for a misdemeanor to comply with the State Statute penalty. In addition, the new Ordinance also included Ordinance No. 70. Proposed Ordinance No. 71 included the adoption, by reference of the revised Zoning Map and Legend The revised map removed the County designations and had the City Zoning Legend printed on the map itself This map also illus- trated all of the zone changes within the City. He pointed out that page 28A had been included in the old edition of the Ordinance. This had .:� _ never been passed by the Council, but for some reason had been included in some copies The codification of the Zoning Ordinance would help eliminate mistakes such as that. ( He added that copies of the new Ordinance, if l approved would be available for purchase. 43. Chairman called for comments. He added that the codi- fication was much needed since the previous form of the Ordinance was difficult to follow. He called again for comments With no comments forthcoming, he closed the public hearing and called for a motion. ORN 44. Kell/Hutchens M/S "Be it resolved by the Planning and Zoning thiission of the City of Apache Junction, Arizona, that it recommend to the City Council the approval of Proposed Ordinance No. 71" The motion passed 7-0. 45. Chairman asked the Executive Secretary to brief the members on the next case before the, Pinal County Special Use Permit SUP-86-80 46 Mr Gero explained that the applicant, Mr. and Mrs Hogue were requesting a Special Use Permit to establish a beauty/cosmetology shop on their premises located at 2223 N Al Sieber Road He added that Pinal County was requesting a recommendation from the City Planning and Zoning Commission because of the close prox- imity of the property to the City lines He pointed out that the Planning Office had received several objections to the use from neighbors and area residents who were afraid that the permit would encourage others to do the same thing and disturb the residential nature of the area. Page 6 - Planning and Zoning Commission Minutes of October 14, 1980 47. Chairman asked why it was necessary for the applicant to request a Special Use Permit if that type of home occupation was permitted in that par- ticular zone under the Pinal County Ordinance 48 Mr Gero replied that the County had requested the Com- on\ mission to make a recommendation on a Special Use Permit and that he assumed that they had defined the proposed use as requiring it. He suggested that they ask the applicant if she knew of the reason for this decision 49 Chairman called on the applicant to present their case. 50 Mr. Hogue explained that they had been told by the County that they needed a Special Use Permit. He fur- ther explained that the use would have to comply with all of the requirements which included no outside advertising, no employees, no change in the exterior structure of the house, and no change in the surroundings. He added that his wife wished to work at home so as to be able to tend to her son after school He added that they in no way wished to take away from the value of the area since the value of their own home would be affected. He explained that there would be between 1 and 3 customers per day and, therefore, there would not be a traffic problem He pointed out that he had letters from neigh- bors that supported the idea. 51 Chairman asked the Commission members if they had any questions to ask the applicant 52. Mr. Steelsmith asked why the Special Use Permit was required. 53 Mr Hogue replied that his wife might be able to answer that question. 54 Mrs Hogue explained that the Special Use Permit was re- quired to comply with the State requirements for her licenses. 55 Chairman added that the County may have been right in making the requirement since it would be re- newable annually. 56 Mr Steelsmith asked if a home business was more restrictive than a Special Use Permit 57. Mr. Hogue explained that the conditions of a Special Use Permit were extremely restrictive 58 Mr Gero added that the terms of a home occupation were very loose, but with a Special Use Permit the County was free to set the terms of approval 59 Chairman suggested that the applicant question the idea of the home occupation at the Pinal County hearing. 60 Mr Hogue explained that they would be converting a bed- room into the business area and that there would no change visible on the outside of the house Page 7 - Planning and Zoning Commission Meeting of October 14, 1980 61 Mr Gera added that Pinal County was having the public hearing on the case the following day, Wed- nesday, October 15th at 1 30 at the Commission • Chambers in Florence 62. Chairman asked for comments from the audience 63 Mrs Schafer explained that she lived next to the Hogue's and that she saw nothing wrong with their request. 64 Chairman reminded everyone present that the recommen- dation of the City Commission had no bearing on the outcome of the decision since that was to come from Pinal County 65. Mrs. Fetz explained that she lived approximately 12 miles away from the Hogue's and that she was in favor of the proposal since the Hogue's were good parents and wished to take care of the children at home themselves rather than allow someone else to care for them 66 Chairman stated that if there was no further discussion, he would entertain a motion. -•,-=uA• - 67. Hutchens/Taylor M/S "Be it resolved by the Planning and Zoning t7iinssion of the City of Apache Junction, Arizona, that it recommend approval of SUP-86-80 to the Pinal County Planning and Zoning Commis- sion with the following stipulations ( 1 That the business be operated within the Il existing structure 2. That there be no exterior advertising. 3 That the applicant comply with County and State regulations and that the required permits and licenses be displayed on the premises 4 That the permit be limited to the Rogues and not run with the property 5 That the residential character of the home are surrounding area be maintained. 6. That the permit be issued on an annual basis and be reviewed if problems arise 68. Mrs. Baker wanted it understood that this procedure was not precedent-setting since it was not a re- zoning and was for a specific use only 69. Mr. Andrews explained that a Special Use Permit could be stopped and taken away from the holder if found to be in violation of the stipulations He added that establishing the requirements now would prevent "red tape" and changes at a later date 70 Mr Steelsmith asked if the application fee would also be charged on an annual basis 71. Mr Gero explained that there was only an initial fee 72 Chairman called for a vote on the motion if there wasn't any further discussion 73 Mr Gero called the roll. The motion passed 7-0 Page 8 - Planning and Zoning Commission Minutes of October 14, 1980 74. Chairman asked if a switch in the agenda items was in order to allow Mr Stachar to speak next 75 Mr Gero explained that the item from Mr. Stachar was a point of information only on a hearing that was held previously. 76 Chairman asked Mr Gero to brief the members on the next agenda item, the application for a State Land Lease for the Chuck Wagon Supper group 77. Mr Gero explained that the parties involved in applying for the lease had toured the area with him at an earlier date and had made another selection of State land for a possible site. He showed the Commission members the location of the land, north of the City off Highway 88 He added that Tom Summer had brought the mem- bers of the Chuck Wagon group with him tonight and that they would be showing some of the kind of entertainment that would be available at the Supper Club. 78 Mr Summer reminded the Commission that the site previous- ly selected for the lease had been rejected by the members because of its lack of access to a major roadway He pointed out that the new • site had excellent access since it adjoined a State highway. He then asked the members to relax and enjoy the music that was going to be played for them He then introduced members of the group who played three songs for the Commission 79 Chairman thanked the group for performing and asked Mr Summer if he had anything to add 80. Mr. Gero asked Mr. Summer to describe the project 81 Mr Summer explained that the building was going to be of wood construction and approximately 75' by 100-120'. The stage would be in the round with the musicians also serving the meals The meal would begin at 7.30 P M. with the show immed- iately following and ending by 10.30 P M There would be a season about 6 months long when the club would be open The entire pro- ject was to be family-oriented with no drink- ing on the premises Sometime in the future there was a possibility of a gift shop and a western-type town 82 Mr Gero asked how large of an area did they hope to draw from 83 Mr. Summer explained that the music was favored by the retirees that were present in the Apache Junction area in such great numbers He added that, due to the central location, people would be drawn from areas throughout the State 84 Mrs Baker asked if there would be dancing 85 Mr Summer explained that there would be stage shows and possible a kid's night, but no dancing Page 9 - Planning and Zoning Commission Minutes of October 14, 1980 86 Mr Kell asked why the site chosen was so large 87. Mr. Summer explained that they hoped to set up a 5-acre compound that included a nature trail 88 Mr. Kell asked if there were any restrictions on the commercial lease 89 Mr Summer explained that the restrictions were set up by the State and would have to be strictly adhered to. 90 Mr. Middlebrook added that the lease would be granted only if they complied with the State restrictions. 91 Mr Gero pointed out that the State was very restric- tive and specific when granting such a lease 92 Mr Damiano asked if there would be any problems with the wash that was on the property 93 Mr Gero explained that the State would require that the flood areas be handled properly 94 Chairman there being no further questions, called for a motion. ..... ... . .. 95. Steelsmith/Kell M/S "Be it resolved by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that it recommend to the State Land Department the approval of the commercial land lease application submitted for the Chuck Wagon Supper and Western Show. Further, that the State Land Department allow the Commission to review the plans for same when finalized " The motion passed 7-0. 96 Chairman adjourned the meeting for a 10-minute recess He called the meeting to order at 9.40 P M - 97. Mr. Gero explained that the next item on the agenda involved the street names within the City 98 Chairman recommended that the Commission appoint an ad-hoc committee of three volunteers to study the street name situation in the City. 99. Mr. Kell asked if a motion was in order or if it was proper for the Chairman to name the people to serve on the committee 100 Kell/Taylor M/S "Be it resolved by the Planning and Zoning >rommission of the City of Apache Junction, Arizona, that the Chairman be allowed to appoint members to serve on an ad-hoc committee on street names and that he be permitted to call special meetings of this committee as needed" The motion passed 7-0 101 Mr Steelsmith asked if the Commission had the legal right to work on the street names Page 10 - Planning and Zoning Commission Minutes of October 14, 1980 102 Mr Gero explained that it was necessary to take imme- diate action so as not to loose the money that the City had received from a grant for street name signs �'► 103. Chairman asked if anybody had been contacted to serve on this committee 104 Mr. Newcomer explained that Mr. Clay Worst had been con- tacted and that he was willing to act as an advisor, but not serve as an actual member He added that Lane Pew from the Salt River Project office was also willing to act as an advisor. 105 Mr Kell asked if a work session was needed on the street names with the members of the Planning and Zoning Commission. 106 Mr Gero suggested that it be left as an open question until the Committee' began its actual work 107 Mr Kell asked if the City Council desired to have the information by the second meeting in November 108 Mr Gero replied that they did 109 Mr Newcomer suggested that a member of the Commission serve as a link between the Commission and the Street Name Committee 110 Chairman called for a volunteer There being none, he volunteered himself to serve. He recommended that a meeting be set up as soon as possible 111 Mr Gero pointed out that the next item on the agenda was a suggested motion to change the date of the next Commission meeting to allow for the /r►, Veteran's Day Holiday He suggested that the meeting be changed to Tuesday, November 18, 1980 112 Baker/Hutchens M/S "Be it resolved by the Planning and Zoning trnnmission of the City of Apache Junction Arizona, that the date of the next regular meeting be changed from Tuesday, November 11, 1980, to Tuesday, November 18, 1980 in order to honor the Veteran's Day Holiday. The time and location of this next meeting will be at 7 00 P M at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona The motion passed 6-1 with Mr Kell objecting 113. Mr Kell apologized to the Commission members for not having the information prepared on the rules and procedures. However, the City Clerk was in the process of preparing a handbook which would be available at the next meeting 114 Chairman asked if the Committee on manufactured housing had anything to present to the Commission Page 11 - Planning and Zoning Commission Minutes of October 14, 1980 115 Mr Steelsmith explained that a meeting had been held to investigate the manufactured housing and called upon Mr Newcomer to present a summary 116 Mr Newcomer explained that he had received information and .. ... ,4, "`-,.w-..,,,.. updated definitions from the State office on ON standards 117 Mr Steelsmith asked what the next step would be. 118. Mr. Gero explained that the definitions would be pre- sented to the Commission as a possible Ini- tiative to be promoted as an amendment to the Zoning Ordinance He added that he was working on a draft of the subdivision ordinance and that he hoped to have it finished by the end of November He further explained that there was a need for the revision of the Zoning Ordinance which had been determined in proof-reading the entire ordinance for the purposes of codification. It had been determined that sections of the Ordi- nance were outdated and no longer applied to the City as it was. He added that this, hope- fully, could be started in January. 119. Chairman asked if there was any other business __ 120 Mr Gero informed the members that the State land lease application for the jojoba beans had been denied by the State since it was not allowed to harvest crops growing on State land. 121. Chairman reminded the members that it was important for them to bring their copies of the Zoning Ordinance to all of the meetings. 122. Mr. Gero pointed out that the packet contained copies of new ordinances and resolutions passed by the Council, and that these should be added to !mk the Zoning Ordinance 123 Chairman called for a motion to adjourn. 124. Taylor/Steelsmith M/S that the meeting of the Planning and Zon- ing Commission of the City of Apache Junction be adjourned. The motion passed 7-0 125 Chairman adjourned the meeting at 10 10 P M Respectfu ly submitted, Joseph Gero Executive Secretary ApOTWed //(�'/// orge El jo, hai n Planning and Zoning ommission PQACHE.✓ .. U )'' ro I I V z . : a;, qP/ZONP COit/ o f C paci e "09unctian November 18, 1980 Auk MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER FROM. julI JOE GERO, DIRECTOR OF PLANNING CHUCK NEWCOMER, ACTING EXECUTIVE SECRETARY Ci TO THE BOARD OF ADJUSTMENT SUBJECT: MINUTES FROM THE BOARD OF ADJUSTMENT FOR YOUR INFORMATION Attached you will find copies of the approved "MINUTES" from the Board of Adjustment meeting of November 3, 1980. .•. Any questions on these "MINUTES" should be directed to the Acting Executive Secretary. Please have the "MINUTES" entered in the official MINUTES BOOK. CNR/kmc 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION, ARIZONA 1001 N IDAHO ROAD APACHE JUNCTION, ARIZONA NOVEMBEP 3, 1980 7 00 P.M 1111 In Attendance GUESTS Joe Jessamine, Chairman Norm Benedum Don Nesser, Vice Chairman Bob Holder Bill Furness Mr Roberts William Nunn Mr Roby William Vaughn Mr. Peterson Chuck Newcomer, Acting Executive Secretary Mr Richard Oltman Jackie LeCount, Secretary 1 Chairman opened the meeting at 7 00 p m and requested the Executive Secretary to call the roll. 2 Mr Newcomer called the roll and determined the members present as indicated above 3 Chairman stated that at this time he would like to get the approval of the "Minutes" dated October 6, 1980 4. Mr. Nesser stated there were only three members present at the October 6, 1980, meeting He said they were Mr Jessamine, Mr Nunn and himself 5. Chairman stated that those three members who were present at the October 6, 1980, ^� meeting, should take a roll call Sby vote 6. Nesser/Nunn M/S to accept "Minutes" of October b;1980, as amended. 7. Mr. Newcomer called the roll cail The motion passed 3-0 with Mr Jessamine, Mr Nunn and Mr Nesser voting 8 Chairman stated item no 3 was a variance application BA-15-80 from Mr Sieberz. He explained that this is a public hearing and asked the Associate Planner to brief the Board of Adjustment on this petition. 9. Mr. Newcomer said that Mr Siebertz is reauestinn a variance from the OR zone setback requirements. He is located at the intersection of Cody Street This would be Wickiup except this doesn't go all the way through This ease- • ment here is unnamed This is Scenic down to the South Page 2 - Board of Adjustment Minutes of November 3, 1980 Mr Sieberz is requesting a variance due to the fact that Weeks Wash comes right thru the back of his property and according to the flood-prone hazard I map that we have from Cella, Barr and Evans, a good portion of his property is within the flood-prone area Mr Sieberz would like to place a mobile home on this acre and ; and he would like the GR setback requirements re- duced to five (5) feet on the front side which would be the West side and the five (5) feet that would be the South side The easement runs between these two lots as a 66 foot easement 33 feet off each property. This easement is not used for anything. This 66 foot easement on the back is not being used for roadway purposed 10. Mr. Benec#um spoke in behalf of Mr Siebertz He stated his address as 1519 El Parkway, Tempe, Arizona. He added that we are the people who will be having a mobile home on the lot He said that down towards the wash the land slopes away at a severe angle limiting the location of the trailer to the upper part of the lot 11 Chairman asked if there were any questions. 12 Mr Nesser said that he went down to see the place and I could appreciate what you are trying to do. The only question I have A in mind is that the Building Official says it does face on the street and that would be a 66 foot wide street However, 1iii I noticed that just to the south there, x. those people have blocked off what would be a lane through there What I would like to know is if that is a dedicated access road 13 Mr Benedum_ answered "I don't know if you have a plot plan for this property. He has ',,P- already given an easement to the South and he's given an easement to the West ' on that, and actually our mobile home will be in this area here (indicated on the ' v, map) I!! 14 Mr Nesser said that while he was down there, he noticed that going down towards Senic that there were blocks across the road We would be remiss if we would permit the use of that lot without having a dedicated access 15 Mr. Newcomer stated that it was dedicated to the .e. * 1 public. b , _-y"T LTA ' igyp £ .y.d E, • Page 3 - Board of Adjustment Minutes of November 3, 1980 16. Chairman asked if there were any other questions and if there was anyone in the audience that wished to speak for it 17. Mr. Holder wished to say that he was the property owner of the property immediately south of the property in question He added that the only property owner that would affect would be himself The footage in question, at no time would would ever be in conflict with himself. 18 Chairman asked if there was anyone in the audience that was in opposition He then asked the Associate Planner to read his recommendation 19. Mr. Newcomer replied that the recommendation of the Zoning Administrator memo dated November 3, 1980•4I have inspected the applicant's property and find the property is indeed in the flood plain of Week's Wash Access is gained from the street on the west side of the property which apparently, at this time, does not have a name The applicant has, at some time in the past, apparently installed utilities and ' the septic tank system. The contour of the ground and information that we have available indicates that the lower portion of the property will probably be subject to flooding a minimum of 2-3 feet in depth Immediately south of the property there are two lots which have been previously developed The trailers and buildings on those lots appear to be located partially in the right-of-way and should y . the need arise in the future for the street to be cut further south, they would probably have to be removed and/ or relocated votei The wash on the east side of the applicant's property will probably preclude the development of a street on that side, , 47 0 s- consequently, it appears that the only means of access will be on the westerly street If the applicant were to be allowed to locate the mobile home as in- dicated on his request for a variance, it "47- appears that it would create problems if and when the road is cut on through For this reason, we recommend that the request for a variance be denied " 41111 page 4 - Board of Adjustment Minutes of November 3, 1980 20 Mr Nunn asked "why can't that trailer be set back 15 feet rather than 5 feet? 21 Mr Newcomer asked if he could draw a diagram to explain the situation a little further 111, With this being Weeks Wash up here, this would be going towards the west. The applicant has built up an area up out of the flood plain This would be the street out here He has already installed a septic tank and utilities on this built up area The wash would be back in here Any type of movement back off of the street here would require some type of extra fill in back here. 22 Mr Nesser approached the. drawing board and made some further comments concerning the case 23. Mr Benedum stated that on the plot plan he had, to west there was already a 33 foot easement that was deeded to the property line With that 33 feet, it would still give them room for a road in the future 24 Mr Furness asked the Chairman if he could ask Mr Newcomer if anyone knows if the two lots which were developed south of the property and have trailers and buildings on them, and seem to be located in the right-of-way, are in fact in the right- of-way? 25 Mr Newcomer answered "No Sir" He added that on inspection and seeing the location of the utility lines in there it appeared as though they were in the right-of-way 26 Mr Furness asked if the proposed location was not in that easement 11110 27 Mr Newcomer answered "No , it's 5 feet off of it." 28 Mr Furness said he didn't see how they could deny that on those grounds "If we gave him a variance, he is legally alright " 29. Mr Newcomer answered "Mr Chairman, the reason we had thought about that is that the 5 feet is extremely close between the edge of the public right-of-way and a structure. It might cause problems in the future We would have to ask them to move further back if there was some problem with only being 5 feet off the right-of-way " 30 Mr Nesser approached the drawing board and stated that he thought that might be the only piece of property that doesn't have a free access to a right-of-way i 31 Mr Nunn asked if Wickiup would continue on through there at some time or another? page 5 - Board of Adjustment Minutes of November 3, 1980 • 32. Mr Newcomer answered "No, probably not. The access way would end up being this street here (indicated on the map) to connect Cody and Senic, due to the wash back here It would create too much of a problem • trying to keep a road open back here " 33 Mr Vaughn asked Mr Newcomer that if they were to deny this applicant like the Zoning AIM Administrator said, and if the gentlemen does go ahead and put his trailer in and meet the distances, that he was sure the • back area of the trailer was going to have to be filled with dirt If that • wash does flood over, does the City resume the responsibilities? He asked, would the Board be any way liable for it? • • a 34 Mr Newcomer replied "Nd, our only concern when we went out there was that 5 feet is just a little too close to a public easement " ur= 35 Mr Nesser stated that if the water went anyhwere, • it would go to the east That is the lower territory down there The water would wash Scenic Drive out before it ever got anywhere near his road 36. Mr Benedum said that the question that the Zoning • Administrator seems to have raised is that if one property line was right there, (indicated on the map) and he's got it divided into an acre and a 4 parcels, actually his property line is the 33 feet of the easement that has been dedicated as the easement The trailer would be sitting back still • another 5 feet He said "we are talking about almost 40 feet from his property line The • slope is a natural terrain slope " 1111. 37 Nesser/Furness M/S "BE IT RESOLVED by the Board of the my of Apache Junction, Arizona- • Hereby granting a variance to the yard setback requirements of Section 806 and Section 807 of the City Zoning Ordinance to John C and Joyce E. Sieberz, allowing them to place a mobile home on their property located at 524 N Wickiup, Apache Junction, Arizona The legal description of said property being S% NE1 SE4 NW4 NW4 Section 22 Township 1 North Range 8 East Gila & Salt River Base & Meridian (Assessor's Plat #103-03-24A) The minimum setback to the easement located on the West side (front yard) of said property shall be 5 feet as depicted in this plat The minimum setback to the South side shall be as depicted (5 feet) and all other requirements of the GR (General • Rural) zoning district must be complied with page 6 - Board of Adjustment Minutes of November 3, 1980 38. Mr Nesser added I would propose that we base our decision on the following factors that this is the only property in that area that does not have now the dedicated street open to the public We have indication that the easement has been provided for this one piece of property and no other properties will be affected by the easement, to our knowledae ' 39 Chairman stated to Mr Newcomer that they should have a vote by roll call 40. Mr. Newcomer called the roll Motion carried 3-2 with Mr Nunn and Mr Vaughn voting against the motion 41 Chairman stated the next case would be BA-16-80, from Mr Roberts 42 Mr Newcomer said Mr Robert's property is located on Cody Street, near the intersection of Delaware The zoning in this entire area is GR (General Rural) but the average size of lots are between 7,000-8500 square feet Currently on the property, the Roberts have a mobile home with a ramada and a carport-type structure off to this side, and what they want to do is put an awning on the east side. They can't make the GR setback requirements for that . - The proposed construction drawing calls for the awning to be approximately 18 feet from the rear lot line and approximately 15 feet from their East property line. Most of the other mobile homes in this little sub-division here do have some type of awning and carport structures off to either side 43 Mr Roberts stated his name and said that he was trying to get an awning put on his home because the sun shines in there and it becomes very hot. He stated that if he had an awning, it would cut that all off It would also be an improvement to the place. 44. Chairman asked if there were other mobile homes with awnings on them 45 Mr Roberts answered "Yes, all of them do Some of them have three of them 46 Chairman asked if there was anyone else to speak for the applicant 47 Mr Roby came forward and said that he looked over the property and he thinks it would be an improvement • > page 7 - Board of Adjustment Minutes of November 3, 1980 48 Mr J S Peterson stated that he lived at 2475 W Cody, right across the street from Mr. Roberts and that he thought it would be a very big improvement 49 Mr Newcomer said that he received phone calls last week from a Mr. Vernon Skinnel and a Mrs Gertrude Rix, both residing E on W Ohio St Neither one of them Ff had any objections to the plans by the Roberts on the awning • 50 Chairman asked Mr Newcomer if he had a re- commendation on this case 51 Mr Newcomer answered that neither the Zoning Administrator or myself have a • recommendation on this 52. Mr Nesser stated that the only thing Mr Roberts suffers from is a compliance with the setback requirements of the GR zone • 53. Furness/Vaughn M/S "BE IT RESOLVED by the Board Adjustment of the City of Apache Junction, hereby granting a variance to the yard setback requirements of the GR zone, Article 8, of the City Zonino Ordinance to L Fillmore Roberts for the property located at 2476 II Cody St , Apache Junction, Arizona Lot 18, Block 5- Pueblo Del Sol a.. Subdivision. This variance is granted to allow the construction of an awning to dimen- sions setbacks shown on the drawings submitted with variance application BA-16-80 54. Chairman asked Mr Newcomer to take a vote by roll call. 57 Mr Newcomer called the roll The motion passed 5-0 56 Mr Newcomer said that they had other business which pertained to setting up a special November 17, 1980, meeting for 2 variance applications 57 Nesser/Furness M/S to hold next session of the Board o? Adjustment on November 17, 1980, at 7 00 o.m at City Hall Complex, • 1001 N. Idaho Road, Apache Junction, Arizona The motion passed 5-0 58 Nesser/Vaughn M/S to adjourn the meeting. The motion passed 5-0 59 Chairman Adjourned the meeting at 8 00 o m /184, page 8 - Board of Adjustment Minutes of November 3, 1980 /a Respectfully submitted C ../. --6 ,i lj/.G%1/(5, Charles Newcomer) Acting Executive Secretary Approved ,loe�Je amine .Chairman ,/ / Board of'Adjustment CITY COUNCIL MOTIONS MEETING OF November 19, 1980 ACTION MOTION AGENCY DISPOSITION THAT THE AGENDA BE AMENDED TO DELETE ITEM NO. 7 (motion carried) THAT THE AGENDA BE ACCEPTED AS AMENDED. (motion carried) THAT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1980 BE, AND HEREBY ARE, ACCEPTED AS PRESENTED. (motion carried) THAT THE BINGO LICENSE APPLICATION FOR OCOTILLO :ity ClerkLetter to Dept. MOBILE HOME PARK BE, AND HEREBY IS, RECOMMENDED FOR of Rev. 11/21 ; APPROVAL TO THE ARIZONA TAX COMMISSION. letter to MHP (motion carried) 11/26 THAT THE CITY MANAGER BE GIVEN DIRECTION TO CAUSE A 2.M./ Item on agenda REPORT OF THE PLANNING AND ZONING COMMISSION ON STREET Planning for 12/3/80 NAMES BE MADE AVAILABLE TO THE GENERAL PUBLIC IN A City Council REASONABLE MANNER AND THAT AN AGENDA ITEM BE PREPARED meeting. FOR THE DECEMBER 3, 1980 MEETING WITH REGARD TO STREET NAMES. BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE, AND HEREBY IS, DIRECTED TO AUTHORIZE THE ORDERING OF THE STREET NAME SIGNS FOR THE NORTHEAST SECTION OF THE CITY OF APACHE JUNCTION, UTILIZING THE NAMES AS THEY APPEARED IN THE ORIGINAL STREET NAME SIGN GRANT. (motion carried) THAT RESOLUTION NO. 80-35, A RESOLUTION OF THE MAYOR P.W./ To be sent to AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, City Clk. state after ARIZONA, REQUESTING THE ARIZONA DEPARTMENT OF TRANS- signatures PORTATION TO PERFORM A TRAFFIC STUDY TO CONSIDER A obtained. REDUCTION IN SPEED AND INSTALLATION OF TRAFFIC SIGNALS ALONG U.S. HIGHWAY 60 AND STATE ROUTE 88 WITHIN THE CITY LIMITS OF APACHE JUNCTION BE, AND HEREBY IS, APPROVED. (motion carried) THAT RESOLUTION OF INTENTION NO. SL8011-1 , A RESOLUTION P.W./ To be published OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, City Clk. and posted afte) PINAL COUNTY, ARIZONA, DECLARING ITS INTENTION TO signatures PURCHASE ELECTRICITY, WHICH INCLUDES A CHARGE FOR THE obtained. USE OF LIGHTING FACILITIES, FOR LIGHTING PUBLIC STREET. WITHIN AN AREA DESCRIBED AS APACHE VILLA THREE, LOTS 75-138 ALL WITHIN THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PURSUANT TO A.R.S. 9-713 AND 9-714 DECLARING THE PURCHASE OF ELECTRICITY TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT, AND THAT THE COST OF SAID ELECTRICITY SHALL BE ASSESSED ON A CERTAIN DISTRI T; AND DECLARING AN EMERGENCY BE, AND HEREBY IS, ACCEPTED (motion carried) CITY COUNCIL MOTIONS MEETING OF November 19, 1980 ACTION MOTION AGENCY DISPOSITION THAT RESOLUTION NO. 80-36 BE, AND HEREBY IS, APPROVED; City C1k. Resolution sign& AND BE IT FURTHER RESOLVED THAT THE CITY CLERK BE, Agreement sent AND HEREBY IS, AUTHORIZED AND DIRECTED TO ENTER INTO to County Record AN AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND for Cty. signa- WILLIAM S. TRUMAN, PINAL COUNTY RECORDER FOR THE tures PURPOSE OF SECURING VOTER REGISTRATION LISTS FOR THE CITY ELECTIONS DURING 1981 . (motion carried) THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND City Cik. LEGAL ADVICE BE HELD ON DECEMBER 3RD, 1980, AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. (motion carried) THAT MARGARET CARLIN BE APPOINTED TO THE PARKS AND `City Cik. Appointees RECREATION COMMISSION, SAID TERM TO EXPIRE APRIL 1 , notified and 1983; AND THAT RAYMOND FOISEY BE APPOINTED TO THE sworn into offic PARKS AND RECREATION COMMISSION, SAID TERM TO EXPIRE APRIL 1 , 1981 . (motion carried) THAT ORDINANCE NO. 79, AN ORDINANCE OF THE CITY OF City C1k. o be published APACHE JUNCTION, ARIZONA AMENDING SECTION 8-5-4, after signatures SCHEDULE, OF THE CITY CODE REPEALING ANY CONFLICTING obtained. PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE, AND HEREBY IS, APPROVED. (motion carried) THAT THE MEETING BE ADJOURNED AT 8: 10 P.M. CITY COUNCIL REQUESTS ACTION NOT COMPLETED MEETING ACTION DATE REQUEST AGENCY STATUS 10/1/80 THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO HAVE THE STAFF INVESTIGATE THE NEEDS TO DETERMINE METHODS WHEREBY THE ZONING PROCEDURES MIGHT BE MADE RESPONSIVE TO CITIZENS NEEDS WITH REGARD TO THE USE OF GRAND- FATHERED ZONING PROPERTY RIGHTS, SAID REPORT TO BE DUE BY NO LATER THAN JANUARY 7, 1981 . BE IT FURTHER RESOLVED THAT THE REPORT INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, ZONING ORDINANCES, ARTICLE 3, ARTICLE 23, ARTICLE 24, ARTICLE 25, AND ARTICLE 26. (motion carried) 11/5/80 THAT ONCE RESOLUTION 80-10 ZONE OF INFLUENCE IS DEFINED, LEGAL OPINIONS FROM CITY ATTORNEYS, COUNTY ATTORNEYS, ETC. IS OBTAINED, MR. CONDRA AND MR. ANDREWS BE NOTIFIED IN WRITING OF THE INTERPRETATION.