Loading...
HomeMy WebLinkAbout1981 05.06 City Council Regular Agenda C si \\,,, _ '`�RiZOWx V ity o &puc/ie c2unction CITY COUNCIL REGULAR MEETING AGENDA May 6, 1981 7:00 P.M. 6:00 P.M. EXECUTIVE SESSION INVOCATION - PLEDGE OF ALLEGIANCE ROLL CALL - ,., (1 ) ACCEPTANCE OF THE AGENDA (2) ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF APRIL 15, 1981 (3) -ACCEPTANCE Of THE MINUTES OF THE SPECIAL MEETING OF APRIL 29, 1981 AWARDS, PRESENTATIONS, AND COMMUNICATIONS CALL TO THE PUBLIC CITY MANAGER' S REPORT PUBLIC HEARINGS (4) PROPOSED ORDINANCE NO. 95, PZ-8-81 , AMENDING SECTION 33.10 OF THE APACHE JUNCTION ZONING ORDINANCE (first reading with emergency clause) (5) PROPOSED ORDINANCE NO. 93, PZ-7-81 , FLOYD DAVIS REZONING (First reading) (6) PROPOSED ORDINANCE NO. 91 , PZ-5-81 , ALLEN W. McLAUGHLIN REZONING (First Reading) (7) LIQUOR LICENSE APPLICATION - THE SPIDER'S DEN (8) LIQUOR LICENSE APPLICATION - KOVAK'S KORNER (9) LIQUOR LICENSE APPLICATION - JOHN 'S JIFFY MART NEW BUSINESS (10) PROPOSED ORDINANCE NO. 89, PZ-3-81 , HARVEY AND DOROTHY MORRISON REZONING (First reading) 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 (11 ) PROPOSED ORDINANCE NO. 99, AMENDMENT TO THE UNIFORM PLUMBING CODE (first reading) (12) FORMATION OF A HOUSING COMMITTEE (13) SUPERSTITION FREEWAY DESIGN AND HIGHWAY 60/STATE ROUTE 88 IMPROVEMENT MODIFICATIONS (14) RESIGNATION FROM PLANNING AND ZONING COMMISSION (15) RESIGNATION FROM/APPOINTMENT TO PARKS AND RECREATION COMMISSION (16) AWARD OF BID, PW-81-2, INTERSECTION IMPROVEMENTS, IRONWOOD DRIVE AND BROADWAY AVENUE (17) PROPOSED ORDINANCE NO. 100, ESTABLISHMENT OF AN EQUINE COMMISSION (WITH EMERGENCY CLAUSE) (18) EXECUTIVE SESSION, MAY 20, 1981 i19) INFORMATION AND REPORTS REQUESTS OF COUNCIL (20) ADJOURNMENT ITEM NO. 1 n 3/1 =71 1-10 ,- �' BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS PRESENT€D IJz y cf CITY COUNCIL MINUTES REGULAR MEETING April 15, 1981 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 15, 1981 , at the Apache Junction Council Chambers pursuant to notice required by law. CALL TO ORDER Mayor Seeman called the meeting to order at 7.00 p m INVOCATION Councilman Eidson led the invocation PLEDGE OF ALLEGIANCE The Council and public participated in the Pledge of Allegiance ROLL CALL Councilmembers Present: Councilman Thomas Damiano, Councilman Jimmy Eidson, Councilman Norman Hill , Councilman Marie Shanks, Vice Mayor John Granillo, and Mayor Virginia Seeman Councilmembers Absent Councilman Jerry Burgess Staff Present: City Clerk Marlis Davis Director of Planning Joe Gero Director of Public Safety Bill McDaniel City Attorney Michael Curtis ACCEPTANCE OF THE AGENDA Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS PRESENTED Councilman Hill seconded the motion VOTE. Unanimous The motion carried. ACCEPTANCE OF THE MINUTES OF THE SPECIAL MEETING OF MARCH 30, 1981 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE SPECIAL MEETING OF MARCH 30, 1981 , BE, AND HEREBY ARE, ACCEPTED AS PRESENTED. Councilman Hill seconded the motion VOTE: Unanimous The motion carried ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF APRIL 1, 1981 Councilman Edison MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 1 , 1981 , BE AND HEREBY ARE, ACCEPTED AS PRESENTED Councilman Damiano seconded the motion VOTE In favor - Councilman Shanks Councilman Eidson Councilman Hill Councilman Damiano Vice Mayor Granillo Abstain - Mayor Seeman The motion carried ACCEPTANCE OF THE MINUTES OF THE SPECIAL MEETING OF APRIL 8, 1981 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE SPECIAL MEETING OF APRIL 8, 1981 , BE AND HEREBY ARE, ACCEPTED AS PRESENTED Councilman Hill seconded the motion VOTE Unanimous The motion carried AWARDS, PRESENTATIONS, AND COMMUNICATIONS Mayor Seeman stated the Central Arizona Association of Governments had a presentation The Mayor then turned the meeting over to Mr. Blackburn, Executive Director of CAAG During his presentation he reflected on what CAAG has meant in the past to the region and more specifically to Apache Junction, and also what CAAG will be doing in the future based upon local participation Mr. Blackburn was assisted in his presentation by Steve Malowski, Human Resource and Manpower Director and Lester Snow, the Director for Regional Planning After explaining the purposes, functions, and value of CAAG, Mr Blackburn explained the need for additional funding from local governments in order to continue CAAG at a level that would be responsive to local governments Mayor Seeman stated she feels that what is being looked at is whether or not CAAG will be able to stay in business She explained that Apache Junction is a new city, it is budget time and there are multiple woes because of the necessity of going back to the City's first-year budget which requires an approximate $350,000 cut-back from last years budget She explained to the public what CAAG has done for the City of Apache Junction. Mayor Seeman stated the City would have a worksession and present something to CAAG in writing. CALL TO THE PUBLIC Mr Jim Swanson, President of the Superstition Horsemen's Association, reviewed the previous request of the Superstition Horsemen's Association for the establishment of an a horsemen's commission He addressed the rough draft of the Attorney's recommendation, and reexplained the desire of the Association to have an advisory committee to work with the Planning and Zoning Commission He asked that the counter-recommendations being distributed be carefully considered, and publically requested that their organization be placed on the agenda for the next regular meeting of the City Council REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 1981 PAGE TWO Pat Smith, 936 S. Bowman Road, reemphasized the goal of the Horsemens' Association to have horsemen and non-horsemen work harmoniously in this community, and the reason behind their request for an equine commission. Mayor Seeman stated that if there is no objection from the City Council the Council should be able to address the item because the next meeting will not be until May 6, 1981 Mayor Seeman stated that since there was no objection from the Council , this item would appear on the May 6, 1981 agenda Mr Joe Saggio, 543 N Ironwood, Apache Junction, proposed that the three different groups of candidates running for City Council equal have equal representation the next election and tally boards. He stated it would be fair and equitable to all concern, and would alleviate many of the doubts and questions regarding whether or not the election was properly administered He stated that if the Council would hold off until Monday for appointment to the board his group would be happy to supply talent bank applications for consideration Mayor Seeman stated she felt the proper process has been used and unless the Council objected, the appointments would be made at this meeting Mr Harry Voeth, 2553 W Cholla St ,Apache Junction, seconded the request of Mr. Saggio. He stated that although no one was impuning the integrity of the Election Board, allowing representatives of the various political candidates would discourage any feelings of apprehension or suspicion In addition, Mr Voeth requested an advertisement be placed in the Apache Sentinel which would be an absentee ballot request form. Mayor Seeman advised Mr Voeth that his suggestion for the advertisement in Sentinel would be taken under advisement CITY MANAGER'S REPORT Director of Public Safety William McDaniel stated there was no City ( Manager's Report PROPOSED ORDINANCE NO. 88, PZ-2-81 KEITH AND BARBARA BULLOCK REZONING (PUBLIC HEARING CONTINUATION AND SECOND READING ) Mayor Seeman opened the public hearing for input Mr. Ron Kell , 646 S Mesquite, spoke in favor of the petition and addressed the economic benefits to the local economy Keith D. Bullock, 7632 E. Sheridan, Scottsdale Post Office, gave some of the background of the developers of the proposed site R G Smyers, 1724 W. Lindler, Mesa, explained some of the planning behind the lot setup for these units. City Planner Joe Gero addressed the concept of the planned development Cindy Smyers, 19724 W. Lindler Mesa, addressed the Council on the project and answered their questions. Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THIS ITEM BE CONTINUED FOR TWO WEEKS FOR STAFF AND APPLICANT TO RESPOND TO THE INQUIRIES City Planner Joe Gero provided and explanation of the differences of opinion to the Council as the differences pertained to the map He stated for comparison purposes the lot size with the planned development should be strictly compared with the lot size of conventional zoning REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 1981 PAGE THREE oak "Al Mayor Seeman withdrew the motion Mayor Seeman closed the meeting to the public Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO. 88, BE READ BY TITLE ONLY, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No 88, for the second reading City Clerk Marlis Davis read as follows "ORDINANCE NO. 88, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-2-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE-PLANNED DEVELOPMENT (TH/PD), REPEALING ANY CONFLICTING PRO- VISIONS, AND PROVIDING FOR SEVERABILITY " Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-2-81 , APPLICATION BY KEITH D. AND BARBARA J BULLOCK, ALSO KNOWN AS ORDINANCE NO. 88, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL ( OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING Il ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-2-81 , FROM GENERAL RURAL (GR) TO TRAILER HOMESITE IN PLANNED DEVELOPMENT (TH/PD); REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS, APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE PLANS, LETTERS, STIPULATIONS, AND OTHER DOCUMENTATION SUBMITTED BY THE APPLICANT AND APPROVED BY THE CITY COUNCIL AND HEREBY INCORPORATED BY REFERENCE; AND BE IT FURTHER RESOLVED THAT THE CITY COUNCIL FINDS THAT THE PLANNED DEVELOPMENT AS APPROVED MEETS OR EXCEEDS THE GENERAL CRITERIA AS SET FORTH IN SECTION 33 09 OF THE ZONING ORDINANCE; AND BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION, WHICH ARE HEREBY ADOPTED BY REFERENCE. Councilman Eidson seconded the motion. The reasons provided by the Planning and Zoning Commission were 1. The Commission has determined that the proposed planned development is the highest and best use to be made of the property. 2. The requirements of Section 33 09 of the Zoning Ordinance have been met VOTE Unanimous L. The motion carried. Councilman Damiano MOVED THAT THE MEETING BE CONTINUED UNTIL 9:30 P M Councilman Hill seconded the motion VOTE Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 1981 PAGE FOUR APPLICATION FOR SMALL GAME BINGO LICENSE MERIDIAN MOBILE HOME PARK (PUBLIC HEARING) A representative of Meridian Mobile Home Park introduced himself and made himself available to answer any questions the Council might have Mayor Seeman asked if there was anyone in the public who wished to speak in favor of, or in opposition to, the application for bingo license There being no one wishing to address the Council , the hearing was closed to the public Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR SMALL GAME BINGO LICENSE, SUBMITTED BY MERIDIAN MOBILE HOME PARK, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY Councilman Hill seconded the motion. VOTE Unanimous The motion carried APPOINTMENTS TO THE BOARD OF ADJUSTMENT Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL THAT THE FOLLOWING PERSON(S) BE, AND HEREBY ARE, APPOINTED TO THE APACHE JUNCTION, ARIZONA, BOARD OF ADJUSTMENT FOR THE TERMS AS SPECIFIED: MARY LYNN LODIE TO FILL THE UNEXPIRED TERM ENDING JUNE 30, 1982, RESULTING FROM THE DEATH OF DON NESSER, AND DALE BURFIELD BE APPOINTED TO FILL THE TERM TO EXPIRE JUNE 30, 1981; AND FURTHER, THAT THIS TERM OF OFFICE SHALL BE EXTENDED TO EXPIRE JUNE 30, 1984. Councilman Damiano seconded the motion VOTE: Unanimous The motion carried APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT MICHAEL CARDEN BE APPOINTED TO FILL THE UNEXPIRED TERM OF MR THOMAS FARRELL, SAID TERM TO EXPIRE APRIL 1 , 1983, AND THAT LOIS BROMAN, DEDE SCHEFF, AND RAYMOND FOISY BE REAPPOINTED TO FILL THEIR EXPIRED TERMS ON THE PARKS AND RECREATION COMMISSION, SAID TERMS TO EXPIRE APRIL 1 , 1984 Vice Mayor Granillo seconded the motion. VOTE• Unanimous The motion carried RESOLUTUION NO 81-05 PROVIDING FOR THE ESTABLISHMENT OF AN ELECTION BOARD, A TALLY BOARD AND FOR THEIR COMPENSATION Mayor Seeman called upon the City Clerk to read the title of proposed Resolution No. 81-05. City Clerk Marlis Davis read as follows: "RESOLUTION NO. 81-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, COUNTY OF PINAL, PROVIDING FOR THE APPOINTMENT OF ELECTION OFFICIALS AND TALLY BOARDS FOR THE GENERAL ELECTION ON MAY 19, 1981 , AND FIXING THEIR COMPENSATION " REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 1981 PAGE FIVE Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO 81-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, COUNTY OF PINAL, PROVIDING FOR THE APPOINT- MENT OF ELECTION OFFICIALS AND TALLY BOARDS FOR THE GENERAL ELECTION ON MAY 19, 1981 AND FIXING THEIR COMPENSATION BE, AND HEREBY IS, ADOPTED Councilman Damiano seconded the motion VOTE• Unanimous The motion carried. APPOINTMENT OF ELECTION BOARD AND TALLY BOARD OFFICIALS Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT THE FOLLOWING BE APPOINTED AS THE ELECTION BOARD FOR THE PURPOSES OF CONDUCTING THE GENERAL ELECTION ON MAY 19, 1981. ROSALINE DEBNAM AS INSPECTOR, RUTH LONG AND BARBARA SAGGIO AS JUDGES, MARY LOUISE VOLLER AND LAURA JONES AS CLERKS, JERRY MICHAELS AS MARSHALL, AND HARVEY MORRISON AS ALTERNATE FOR PINAL COUNTY VOTING PRECINCT 22A/MARICOPA VOTING PRECINCT APACHE, AND THAT MILDRED CONWAY AS INSPECTOR, PHYLLIS WOLFE AND BETTY KITZMAN AS JUDGES, GLENDA EIDSON AND MARGARET CARLIN AS CLERKS, JOSEPH BONNUCHI AS MARSHALL, AND RUTH PRIORESHI AS ALTERNATE FOR PINAL COUNTY VOTING PRECINCT 22B. BE IT FURTHER RESOLVED THAT THE FOLLOWING INDIVIDUALS BE APPOINTED TO SERVE AS THE TALLY BOARD FOR THE PURPOSES OF TALLYING THE BALLOTS OF THE GENERAL ELECTION ON MAY 19, 1981 PATRICIA OLTMAN AND BERTHA ROGERS AS JUDGES, AND JAN HILLER AND BARBARA KINGSLEY AS CLERKS FOR PINAL COUNTY VOTING PRECINCT 22A/MARICOPA COUNTY VOTING PRECINCT APACHE, AND THAT SHIRLEY ERICKSON AND DOLORES VICKREY AS JUDGES, CAROLYN BEACH AND STELLA SCOTT AS CLERKS FOR PINAL COUNTY VOTING PRECINCT 22B, AND THAT THE INSPECTORS APPOINTED FOR THE ELECTION BOARD SHALL ALSO SERVE AS THE INSPECTORS FOR THE TALLY BOARD AS REQUIRED BY THE ARIZONA REVISED STATUTES. Vice Mayor Granillo seconded the motion. VOTE Unanimous The motion carried SPECIAL MEETING OF THE CITY COUNCIL APRIL 29, 1981 FOR TENTATIVE BUDGET ADOPTION Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A SPECIAL MEETING OF THE CITY COUNCIL BE HELD AT 6 00 P M., APRIL 29, 1981 , IN THE CITY COUNCIL CHAMBERS FOR THE PURPOSE OF TENTATIVELY ADOPTING THE F.Y 81-82 BUDGET. Councilman Hill seconded the motion VOTE: Unanimous The motion carried. [_ EXECUTIVE SESSION, MAY 6, 1981 ) Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AN EXECUTIVE SESSION BE HELD AT 6 00 P M , May 6, 1981 , IN THE CITY MANAGER'S CONFERENCE ROOM FOR THE PURPOSES OF DISCUSSING LEGAL AND PERSONNEL MATTERS Vice Mayor Granillo seconded the motion REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 1981 PAGE SIX VOTE• Unanimous The motion carried INFORMATION AND REPORTS Mayor Seeman reminded the public of the availability of Council from 7 00 to 8 00 p.m. every Tuesday night for the past seven weeks. She stated that to date no one has been in Councilman Shanks stated she would keep the Council informed and up-to-date on proceedings with the Equestrian Commission. REQUESTS OF COUNCIL Councilman Eidson read the police department activity list for the benefit of the public. ADJOURNMENT There being no further business, Mayor Seeman adjourned the meeting at 930pm APPROVED THIS DAY OF , 1981 BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION [ VIRGINIA SEEMAN Mayor ATTEST. MARLIS J DAVIS City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 1981 PAGE SEVEN ITEM NO , 2 earruaAug) n'-- BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 15, 1981, BE AND HEREBY ARE ACCEPTED AS PRESENTED . ems. ITEM NO , 3 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHERI�CTIION 29, 1981, ARIZONA, THAT THE MINUTES OF THE SPECIAL MEETING OF AP BE AND HEREBY ARE ACCEPTED AS PRESENTED , i4< plikC M O qPiZONPity o Cpache 09unction April 29, 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER FROM: ,c),A)b JOE GERO, DIRECTOR OF PLANNING SUBJECT: AGENDA ITEM PLACEMENT REQUEST: PZ-8-81 (PROPOSED ORDINANCE NO: 95) BACKGROUND: A staff review subsequently discussed with the City Attorney indicates that Section 33.10 of the City Zoning Ordinance specifically limits application for a conversion of pre-existing subdivisions to Planned Developments to the petition process only (see Subsection (1c)) . The proposed amendment would permit initiation of such an application by either the petition and consent method or by Commission Initiative. There is currrently an application for such a conversion pending (Palm Springs), and hence the recommendation that this amendment be passed with the "emergency" clause. RECOMMENDATION: The public hearing by the Planning and Zoning Commission on this proposed amendment to the Zoning Ordinance was held on April 23, 1981. The Com- mission voted unanimously to recommend approval to the City Council . The reason stated for the approval adopted by the Commission was that it was the intent of the Zoning Ordinance to include this choice of Commission Initiative for pre-existing subdivisions. Further, the Commission recom- mends that the proposed ordinance be adopted with the "emergency" clause. JWG/kmc Ar^ro er for Ac^nda pee IteLm�# r• ..} ^_ ,.' n-) 54-8I .. Li O's:J c.wwiness N.w nwIn cc 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 I 111114 RECOMMENDED MOTION ORDINANCE NO 95 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-8-81 , COMMISSION INITIATIVE ALSO KNOWN AS ORDINANCE NO 95 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 33 10 PLANNED DEVELOPMENT SUBDIVISIONS, BY AMENDING SUBSECTION (lc) TO ADD FOR THE POSSIBILITY OF COMMISSION INITIATIVE AS ONE METHOD OF INITIA- TING CONVERSION OF PRE-EXISTING SUBDIVISIONS TO PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE AND HEREBY IS APPROVED AND ADOPTED BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: OPTIONAL CHOICES a. 'Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference " b (Council may wish to use only some of the Commission reasons If this is the case, you will have to read those specific reasons ) c (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk ) ,.,ham,v_ AN ORDINANCE NO 95 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 33.10 PLANNED DEVELOPMENT SUBDIVISIONS, BY AMENDING SUBSECTION (lc) TO ADD FOR THE POSSIBILITY OF COMMISSION INITIATIVE AS ONE METHOD OF INITIATING CONVERSION OF PRE-EXISTING SUBDIVISIONS TO PLANNED DEVELOPMENT, 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 Section 33.10 PLANNED DEVELOPMENT SUBDIVISIONS as found in the Zoning Ordinance, subsection (lc) shall be amended to read as set forth herein. "1 Conversions of pre-existing subdivisions to Planned Developments a The Council may approve a Planned Development for an area previously subdivided, in which case said sub- division, and any structure constructed thereon, shall be considered in conformance with zoning requirements as to lot size, setbacks and height Such an area may include a group of structures either substantially constructed or in existence at the time of the effec- tive date of this Ordinance, which structures when constructed were intended to be similar in purpose and are substantially similar in design and purpose on the effective date of this Ordinance. ( b Applicants for conversions of pre-existing subdivisions Il to Planned Development District zoning shall follow the application and procedures for plan reviews as set forth in this Article, except that during the pre-preliminary conference the Director of Planning shall advise the applicant as to appropriate modifications which might be made in application requirements. c. In a pre-existing subdivision, the signatures of 51% of the property owned by both number and area shall be required to initiate a planned development application for such areas, provided however the Planning Commission may initiate a Planned Development conversion within a pre-existing subdivision in accordance with the provisions of this Code " SECTION II. REPEAL OF CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed SECTION III. PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof Ordinance No Page 2 SECTION IV. EMERGENCY CLAUSE WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, an emergency is declared to exist, and this Ordinance shall become 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 ATTEST City Clerk APPROVED AS TO FORM CityAttorney ^� • ITEM NO , 4 Step 1 l.c C�/ `U Owu,C4n,t9''� BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO . 95, BE READ BY TITLE ONLY, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full . ) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 95 FOR THE FIRST READING WITH THE EMERGENCY CLAUSE . '‘,00fitiltirL4) r - - V `A BE IT RESOLVED BY THE MAYOR Step 3 AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-8-81, BY COMMISSION INITIATIVE, ALSO KNOWN AS ORDINANCE NO . 95, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 33 . 10 PLANNED DEVELOPMENT SUBDIVISIONS, BY AMENDING SUBSECTION (lc) TO ADD FOR THE POSSIBILITY OF COMMISSION INITIATIVE AS ONE METHOD OF INITIATING CONVERSION OF PRE-EXISTING SUBDIVISIONS TO PLANNED DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY BY AND HEREBY IS APPROVED AND ADOPTED , BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE: • OPTIONAL CHOICES : )C p ._ 0 A. "THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE . " B. (COUNCIL MAY WISH TO USE ONLY SOME OF THE COMMISSION REASONS , IF THIS IS THE CASE, YOU WILL HAVE TO READ THOSE SPECIFIC REASONS . ) C . (COUNCIL MAY WISH TO USE ALL NEW REASONS OR OTHER REASONS IN ADDITION TO THE ABOVE . IF THIS IS THE CASE, YOU WILL HAVE TO READ THEM AND YOU ARE REQUESTED TO WRITE THEM OUT FOR THE CITY CLERK. ) FOR APPROVAL (WITH EMERGENCY CLAUSE) ITEM NO , 4 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, THAT THE READING OF ORDINANCE NO . 95, BE READ BY TITLE ONLY WITHOUT THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full . ) CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 95 BY TITLE ONLY WITHOUT THE EMERGENCY CLAUSE FIRST READING (WITHOUT EMERGENCY CLAUSE) BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-8-81, BY COMMISSION INITIATIVE, ALSO KNOWN AS ORDINANCE NO , 95, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 33 , 10 PLANNED DEVELOPMENT SUB- DIVISIONS, BY AMENDING SUBSECTION (1c) TO ADD FOR THE POSSIBILITY OF COMMISSION INITIATIVE AS ONE METHOD OF INITIATING CONVERSION OF PRE-EXISTING SUBDIVISIONS TO PLANNED DEVELOPMENT : REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY: AND DECLARING AN EMERGENCY BY AND HEREBY IS DENIED . FOR DENIAL PQACHF ,.-...V\. 4, 4., ,°far,'4 U i '. 0 7,V'�a ', RF:��'` Z *1R1Z00' W ity o1, &4puche unction April 29, 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER,' FROM: OLAO JOE GERO, DIRECTOR OF PLANNING SUBJECT: AGENDA ITEM PLACEMENT REQUEST: PZ-7-81 (PROPOSED ORDINANCE NO. 93) BACKGROUND: Applicant: Floyd R. Davis Property Location: 111' east of North Warner Drive on the roadway easement known as Coyote Street Property Size: 31,020 sq.ft. (.71 acres) Current Zoning: General Rural (GR) Proposed Zoning: Trailer Homesite (TH) Advertised: March 29, 1981 The subject property currently contains a mobile home and a conventionally- constructed single-family dwelling. The applicant has expressed his intention to split the parcel so that the mobile home and the single family unit would each be on separate lots. STAFF COMMENTS: The staff comments from the Development Coordinating Committee and the Public Works Department are attached. ALTERNATIVES: The Council can exercise the following alternatives in this case: 1. Grant approval . 2. Deny the application. 3. Recommend to the applicant that the application be amelidfd 'oc►:da a Planned Development. Da; "" e 4. Other. r .=R.,,(.r3 S-011 ►aern # c,L. -.4.-.,... N., . 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 April 29, 1981 PZ-7-81 Page 2 RECOMMENDATIONS: The public hearing by the Planning and Zoning Commission on this case was held on April 23, 1981. The Commission voted unanimously (5-0) to recommend approval of proposed Ordinance No. 93. The reasons adopted by the Commission to support this recommendation are: 1. The subject property is small and the requested rezoning is com- patible with existing neighborhood land uses and development patterns. 2. Housing trends and choice in this neighborhood have been towards mobile homes on smaller lots. 3. Approval of the rezoning request will not constitute "spot zoning" because of the existing zoning and nature of the neighborhood. JWG/kmc RECOMMENDED MOTION ORDINANCE NO 93 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-7-81 , APPLICATION OF FLOYD R. DAVIS ALSO KNOWN AS ORDINANCE NO. 93 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN_ REZONING CASE PZ-7-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH), REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE OPTIONAL CHOICES a. Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference " b. (Council may wish to use only some of the Commission reasons If this is the case, you will have to read those specific reasons.) c (Council may wish to use all new reasons or other reasons in addition to the above If this is the case, you will have to read them and you are requested to write them out for the City Clerk.) 1)p,CH,,,,,, F J/, . . O „,l {}M' 11S ^ ,,,„ ,;,,../,x,..0z, e. • ( 'IRIZONP coitzz o C4pache cOunction March 30, 1981 MEMORANDUM TO: MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM: . .1 JOE GERO, DIRECTOR OF PLANNING SUBJECT: DEVELOPMENT COORDINATING COMMITTEE REPORT - PZ-7-81 (DAVIS) BACKGROUND The applicant requests rezoning from General Rural (GR) to Trailer Homesite (TH) . The subject property has access along a thirty (30) foot easement running along the north side of the lots with access from N. Warner Drive. There is other Trailer Homesite zoning in the vicinity including the property to the south (Golden Days Leisure Park). There is a substantially built home toward the front of the property. Applicant's parcel has a net area of 25,380 square feet and a length of 188 feet. Approval of the rezoning would allow the property to contain three (3) mobile home units, subject to site plan approval . Within 300 feet (the "affected" area) , there are thirteen (13) owners, eleven (11) being General Rural and therefore "affected". The petition contains the signature of 8 of the 11 or 72%, and represents approximately 60%+ of the area. The Department of Public Safety, including the Fire Department, have no objec- tions to the rezoning. The Department of Public Works has raised the question of, if the rezoning is approved and the applicant creates a lot split, where will the access be and by what means? Will there be enough lot space to meet the minimum requirements of the Zoning Ordinance for both lots? They have suggested a site sketch be prepared to indicate the setbacks and right-of-way or easements. IMPLICATIONS Such rezonings, if approved, allow one (1) mobile home per each 8,000 square feet of lot area having sixty feet of frontage. Without knowledge of access, in this case the applicant may gain zoning but find himself with a land-locked parcel . REMINDER/INFORMATION Please include Commission reasons with your motion. 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 March 30, 1981 PZ-7-81 (Davis) Page 2 C Should you conclude a recommendation, this item will be held for public hearing by the City Council for May 6, 1981. Advertisement Date• March 29, 1981. JWG/kmc PQACHE✓ _ o`` x� ; w (12 Y _ -ate;=','•1 ( 'IP/zoN `P' ity o &4puche cOunction March 26 , 1981 TO: Director of Planning \j FROM: Director of Public Works ze c_a RE. PZ 7-81 As the lot is presently developed and reference is made to a lot split, this department recommends that approval be subject to a site plan review that would show existing and proposed conditions , including rights- of-way or access easements . RWB: sw i 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 ORDINANCE NO. 93 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I. IN GENERAL The zoning district classification of the Apache Junction, Arizona, Zoning District Map for the parcel of land described as The West 188 feet of the East 516 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from General Rural (GR) to Trailer Homesite (TH) SECTION II REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 19 Mayor ATTEST City Clerk APPROVED AS TO FORM C 5 Atto ey(2 PZ-7-8I DAV IS PROPOSED ORDINANCE NO. 93 REQUESTED REZONING FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH) TH GR GR W GREASEWOOD ST. GR I /N 0 GR ---188'� TH c Z W 3 TH z z W SUPERSTITION BLVD CB-2 I GR GR I i I 0 /00' zoo' 300' N C APPLICATION FOR AMENUhMFTr OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES +�FOR APACHE JUNCTION, ARIZONA // ry+ c-o Cash Receipt No 7(D/v 1 Amount/Gr Date14/Case Number TO APACHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an amendment to the zoning regulations, or approval of a Special Permit as fellows (list the present zon- ing classification & then the proposed classification, using separate parcel numbers if tore than one change of zoning is proposed) Parcel 1 From. G P To T/9 Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application (r is as follows (if more space is needed, attach separate sheet) The: (.1Jrsr /'I1 feet of tAe: t 6/4 of The Sev7/1 „c./C aE the AU th /- J( r-f fhz Sou`h- T t vz Rfee o f the 5e07/1 r';,-,T o pre,- e Snt.TI cr,?sy our�tt� n f Tow_/n" �,h"/1:0 I No¢fh etc v,, e { yT o� hr �i/� vet .S2I-t Rcu4,2 /1.se a,tee( `r,a c ti el'LA)/ P/ tic1 �o..,.v�'t�/ 74 R i?.c r '. The size (to nearest tenth of an acre) & general location of the subject property is as follows (give direction & distance from nearest mapped street) (Please answer the following questions in the space provided or submit a separate signed statement if additional space is needed ) 1. Why is the property in question not reasonably suited for uses permitted under Cpresent zoning districting? ro b;4: re /<ee p e e.1s c/o rN N 1CN4 r< of 0.. r›,c, $ //e lza.Ne o drAe 2 Are there any known changes in land use, street arrangement,!or other physical conditions that have altered the character of your property, or adjoining property, since the present zoning was adopted? Please explain "Yes" answer. Nc-) 3 If your requested change is to provide additional commercial or industrial zon- ing, is there a demonstrable need for this zoning in order to serve the community or neighborhood, as the case may be? Explain 4 Other reasons for the subject request. Page 1 of 2 pages "milk ORN Describe existing & proposed future use of subject property, buildings and (- structures. 1 .mot 1 o nut o, ill /e rye Lai 1" Attach any supporting information, statements or plans* to this application & submit same in erson to Apache Junction Zoning Administrator's Office, Apache Junction, Arizona. Note The land owner(s) must sign below or else the appli- cant must submit a letter signed by the owner authorizing him to apply for this change o of a li or representative) s) 1C,Ph7) �appl' C or re resentative ✓ ess) (yhone) �aCne & Address of person to when petition &notices shouldbe nai e owe (Sitnature of applicant) (Date *Note. Plans are required when application is filed for following Special Use Permits under Section 2302, Area & Neighborhood Plans, Article 32, Indus- trial CI-2, Article 18, Trailer Courts, Article 20, Section 2001-c DO NOT FILL OUT FOLLOWING (for office records only) LEGAL PUBLICATION Date filed Applicant Zoning Case Census Division & Tract No Application received by Remarks Page 2 of 2 pages PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803 CINITIATION OF ZONING ORDINANCE AMENDMENT - BY PETITION AND CONSENT Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Zoning Administrator the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months . ,I being the (owner or having pager of attorney for the owner or owners) hereby indicate (my) (their) intent to Crezone the property described below from 6 t'iv erz a / k t / to LOCATION n 21 n/ 'N LEGAL w /8X E 3/E 54 N i Sw 4 SE y 5wN Sce /<</ r'" R 6 SOME USES PERMITTED IN PROPOSEJJ ZONING DISTRICT• We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE Please use Lot No , Block No , or Symbol as indicated on attached map ) DATE SIGNATURE LOT BLOCK SYI330L /l/1� ? — —, - y'r?., S� /. j d 2 v ✓�. 5 74.J .f.c /ii j.2 3/ 47 12. .,.- 1,tom' .�T%// :J�'_.,. �� zi F I .. —✓ /G �- 3- k a�2 �. C' `rZ.�.�sc� w ��= sew, �/ ���� sV �Y`c� .� 7 /0 - - /6 �� �lat�(1 _ze..cc; OA.; .2'el 2 is Fc 147 3 2_./ •A p za 20- v ()Pe 7.73 nee )r 17/REAC//fct-do, -127� �� . t�. C We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal (NOTE Please use Lot No , Block No , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL ft C 1 S OF PERSON CIRCULATING PETITION AFFIDAVIT STATE OF ARIZONA ss COUNTY OF FINAL On this oZ day of , 19 5'/ , personally appeared before me 7 l o ciJ d . )19L' S , who upon oath deposes and says that he is the pergon who circulated the foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is being requested // est 6%i�L-�i 9 -& `Z1`i�7 /o - %�Z es PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803 INITIATION OF ZONING ORDINANCE AM&NDMEUE - BY PETITION AND CONSENT Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Zoning Administrator the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a district In the event that the area of the proposed change does not constitute a zoning district, the Corimission may delimit a zoning district including the petitioned area before the amendment is set for public hearing No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous 6 months. I, I-7x""A R.Da v + .S , being the (owner or having power of attorney for the owner or owners) hereby indicate (my) (their) intent to rezone the property described below from G to LOCATION :. LEGAL SCi4E USES PER t17'EU IN PROPOSED ZONING DISTRICT We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal (NOTE- Please use Lot No., Block No , or Symbol as indicated on attached map ) DATE SIGNATURE LOT BLOCK SYNEOL 7l i m. o o-3<I B V0-761,X PIN C We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal (NOTE Please use Lot No., Block No , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SY130L C OF PERSON CIRCULATING PETITION AFFIDAVIT STATE OF ARIZONA ss COUNTY OF FINAL On this / ! day of \ C,(l L)c�ct 2i/ , 19 7/ , personally appeared before me `9(bc(r� c� 1.1 Cl t`C a/ , who upon oath deposes and says that he is the person who circulated the foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is being requested • My Cemm..sion Expires Soot 1,1983 ITEM NO . 5 C n CO-4n0-0- Pt-(91BEIT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO . 93, BE READ BY TITLE ONLY, FOR THE FIRST READING, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE. This motion must have a unanimous vote to carry, if it does not have aunanimous vote, the City Clerk must read the ordinance in full ) L-012-6b , _11/70,e-te „c„, CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 93 BY TITLE ONLY FOR THE FIRST READING . PVJ\L HE✓ ,,;„,,:0--4,4,,, ...... ...... \\,,... ':` (6ity o (94puci e 09unction April 29, 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER FROM: ,),bee9 JOE GERO, DIRECTOR OF PLANNING SUBJECT: AGENDA ITEM PLACEMENT REQUEST: PZ-5-81 (PROPOSED ORDINANCE NO. 91) BACKGROUND. . Applicant: Allen W. McLaughlin Property Location: Northwest corner of the intersection of W. Shiprock Street and North Warner Drive Property Size: 35,640 sq. ft. ( .82 acres) Current Zoning: General Rural (GR) Proposed Zoning: Trailer Homesite (TH) Advertised: March 29, 1981 The subject site is currently vacant. The applicant has stated his intention to split the property into as many as three (3) parcels. Attached are the application materials as submitted by the applicant. STAFF COMMENTS: The staff comments from the Public Works Department and the Development Coordinating Committee are attached. ALTERNATIVES: The Council can exercise the following alternatives in this case: 1. Grant approval . Approver for Agenda __...._— 2. Deny the application. 3. Recommend to the applicant to amend the application to a Dare Item # Planned Development. tars,Rzad'ng 51rSj -_._ 4. Other. S2ccid R.r c/Ing -- - .X 1 1.Y.r I ,7L3 RECOMMENDATIONS. OH ;-;,sas The public hearing by the Planning and Zoning Commission on this"case was 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 April 29, 1981 PZ-5-81 Page 2 held on April 23, 1981. The Commission voted unanimously (5-0) to recommend approval of proposed Ordinance No. 91. The reasons adopted by the Commission for their recommendation are: 1. The subject property is small and the requested rezoning is compatible with existing neighborhood land uses and development patterns. 2. Housing trends and choice in this neighborhood have been towards mobile homes on smaller lots. 3. Approval of the rezoning request will not constitute "spot zoning" because of the existing zoning and nature of the neighborhood. JWG/kmc /► i RECOMMENDED MOTION ORDINANCE NO 91 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-5-81 , APPLICATION OF ALLEN W. MCLAUGLIN ALSO KNOWN AS ORDINANCE NO. 91 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH),REPLALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE- OPTIONAL CHOICES a Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference." b. (Council may wish to use only some of the Commission reasons If this is the case, you will have to read those specific reasons ) c (Council may wish to use all new reasons or other reasons in addition to the above. If this is the case, you will have to read them and you are requested to write them out for the City Clerk ) yis,CHF pYg0o , ,,,,.. ', , ii104.',,7,1.-.., z c 'IRIZONP cOity o' C479ache cOunction March 30, _1981 MEMORANDUM TO: MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM JOE GERO, DIRECTOR OF PLANNING SUBJECT: DCC REPORT PZ-5-81 (MC LAUGHLIN) BACKGROUND The applicant requests rezoning from General Rural (GR) to Trailer Homesite (TH). The property to the north is zoned Trailer Homesite and N. Warner Drive terminates at the northerly property line of the subject property. All other zoning in the vicinity is General Rural . CThe applicant's dimensions (east-west) of 153 feet go to the center line of N. Warner Drive. The applicant has indicated to separate lots 2A (17,760 square feet) and 2B (17,880 square feet) or 35,640 square feet. Approval of the rezoning would allow four units (two on each lot) to be placed, subject to site plan approval . Within 300 feet (the "affected" area) , there are fifteen (15) owners, fourteen (14) zoned General Rural and therefore affected. Twelve (12) have placed their signatures on the petition (85%) , also representing 85-90% of the area. The Department of Public Safety, including the Fire Department, have no objection to the rezoning. The Department of Public Works has no objection, however a memorandum from the Department is attached for information only. IMPLICATIONS Such rezonings, if approved, allow one (1) mobile home per each 8,000 square feet of lot area having sixty (60) feet of frontage. C REMINDER/INFORMATION Please include Commission reasons with your motion. Should you conclude a recommendation, this item will be held for public hearing by the City Council on May 6, 1981. Advertisement Date: March 29, 1981 JWG/kmc 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 4 G lfifOf }tr,qR/ZO�P �`Oit o ache cOunction � C f March 26, 1981 TO. Planning Director FROM. Director of Public Works ,;,/,,/,° R (y0 RE: PZ - 5-81 (McLaughlin) This office has no objection to approving this request. • For information, this department will require a dedication for a cul de sac for roadway purposes . RWB. sw 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 1^ ORDINANCE NO 91 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH), REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as. The east 153 feet of Lot 24, Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from General Rural (GR) to Trailer Homesite (TH) SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are ( hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, 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 , 19 Mayor ATTEST. City Clerk APPROVED AS TO FORM • City Attorney PZ - 5 - 81 McLAUGHLIN PROPOSED ORDINANCE NO 91 I OR l l Gv TEE Pc E 5 T,eEET ?,y T11 6 R s!/BTtCT P/2oPcRT j(E 753', L o r 2,0 L/�.�'7 � GR GR 7zor W. 5Al'i 'CK STRr ? 1' GR 'c—4,6' 4_. j Rtu i\ Oc Not T/fi � 2 � � Q G�J ROUND &P s7-F6 t I I I I /2cQaEercv QG�ONinJG• im zm 300 E.vr-2 qC /PU e i (6 e) /`- Z o -�a 7xA,z.6e h`a 07e r,rr (TN) L oc.iT J v SEc770..7 i8 APRCN6 J'uuC774›. y ARr2 oAIA CAPPLICATION FOR AMENDMENTT OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES FOR APACHE JUNCTION, ARIZONA Cash Receipt No 41,/,J Amount/ `4 Date,?f.2/g/Case Number TO APACHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an amendment to the zoning regulations, or approval of a Special Permit as follows (list the present zon- ing classification & then the proposed classification, using separate parcel numbers if more than one change of zoning is proposed) Parcel 1 From To Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application is as follows (if more space is needed, attach separate sheet) f��F� ( /Go—_�S —? LA ) lfl, T1 n', 2 � , ��` 1141 The size (Lo nearest tenth of an acre) & eneral location of the subject property is as follows (give direction & distance ran nearest mapped street) / J [ (JQ/ (Please answer the following questions in the space provided or submit a separate signed statement if additional space is needed ) 1 Why is the property in question not reasonably suited for uses permitted under present zoning districting? �"/_�< : i • / r. 2 Are there any known changes in land use, street arrangement, or other physical conditions that have altered the character of your property, or adjoining property, since the present zoning was adopted? Please explain "Yes" answer 3 If your requested change is to provide additional commercial or industrial zon- ing, is there a demonstrable need for this zoning in order to serve the community or neighborhood, as the case may be? Explain 4 Other reasons for the subject request 21.-2-1/z/. . d /�// r � � t c l<./�.s7t/, >f 471 • G •4�yti. .r-.L r� 1: -vz t..�c. �7v - lc CicZ - i /ir cz t `' <�_l /c< c = ut f Page 1 of 2 pages, - f PIN, PlIN Describe existing & proposed future use of subject property, buildings and \ structures L , = .c- .h e,`',F 7 s< ' 4 e/ d.': -�7 ,�" , - . - Attach any supporting information, statements or plans-, to this application & submit same in erson to Apache Junction Zoning Administrator's Office, Apache Junction, Arizona Note The land owner(s) must sign belay or else the appli- cant must submit a letter signed by the owner authorizing him to apply for this change ofzoning). a a, 4l/ ,i out �1.,_ g 9 yy f� � �J 9yz y i I/y (Name of applicant o representative) etAa� �JcG (Phone) J ( —(Name of applicant Corr e resentative) ). (Ad ress) Phone) (Zelda it/Alai "4- ,l 7 V y ?�'AAl I L� il� rt� ii i'f 3 (Name & Address of person to wham petition & notices should be mailed) _ 4t el/W ce 2!�s /rut /A /92/ Signature of applicant (Date) *Note Plans are required when application is filed for tolicuir.g Special Use Permits under Section 2302, Area & Neighborhood Plans, Article 32, Indus- trial CI-2, Article 18, Trailer Courts, Article 20, Section_2001-c. DO NOT FILL OUT FOLTAWING (for office records only) LEGAL PUBLICATION Date filed Applicant Zoning Case Census Division & Tract No Application received by Remarks Page 2 of 2 pages , PETITION FOR HEARING TO REZONE As provided for in the Apache Junction Zoning Ordinance, Section 2803 CINITIATION OF ZONING ORDINANCE Amara EN'r - BY PETITION AND CONSE:YT Any person may initiate a zoning ordinance amendment changing the zoning dis- trict boundaries within an area previously zoned by filing with the City Zoning Administrator the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners Unless the proposed change is an extension of an existing sting zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing No petition shall be received for amendment reclassifying property if a peti- tion which included the property has been denied by the City Council within the previous� 6 months i, l,(9.�,1'citi oC*/ � `� , being the (owner or having power of attorney or the owner or ers) hereby indicate (my) (their) intent to rezone the property described below from to LOCATION LEGAL SOME USES PERMITTED IN PROPOSED ZONING DISTRICT We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE Please use Lot No , Block No , or Symbol as indicated on attached map ) DATE SIGNATURE LOT BLOCK SYMBOL �,- et n ��! .. ,-ems.� ,(a fi /� lei o,,c/ 3� rye L,{Cr!r✓,_.i�J "6".}-,-4.d/S l� F UM e. —1/ i lit.} Qdel'«� �Z> i 3 er /679 1" _ / �'�.� 071-'` /c,c 3�' z 4 1/ Y-- ^0 ^`l I C z, i 1 -3 S }� �y ✓ 7 7 4 �„ J �� J 1 7 �? / .�/j�'� �l jV - /i /- - I -4 m .'01 D,u� i3C'/ 4/, &(VL , ./ Z- /"1 /N We, the undersigned owners of property surrounding that legally described property wherein the zong change is being requested, hereby certify that we do not object to the proposal (NOTE Please use Lot No , Block No , or Symbol as indicated on attached map ) DATE SIGNATURE LOT BLOCK SYMBOL J ��'�i � �, , .? 7 )n6-38 ) 7 W " c(%�(14,y/ r �/,2/1�, a`J /c'o ' r 3 ff c i / alt) -7 [11 /`O 4 y ✓ "x �y.2,4 f'l / 6''f//c7'1,/ !S- - 3 7 1' 6 24/ ✓ S 4i19i 411 X? r.c �/e' 00-3/ /% (i), / -2i1,4 rA. ( A41 SIGNATURE OF PERSON CIRCULAT 'G PETITION AFFIDAVIT STATE OF ARIZONA ss COUNTY OF FINAL On this 6 ,2 7/ day of i t;u. .4.) , 19 / , personally appeared before me `(it,40 lv )2( G i�e43i +u , who upon oath deposes and says that he is the person who circullited the foregoing petition and that to the best of his knowledge and belief the signatures contained therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is being requested My Commission Expires Jan 13 198; J �l ITEM NO . 6 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 91, BE READ BY TITLE ONLY FOR THE FIRST READING, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the ordinance in full ) CALL UPON THE CITY CLERK TO READ ORDINANCE NO , 91 BY TITLE ONLY FOR THE FIRST READING. / Z� i>s@Nk.HE U K . Z q,p/2ONP cOitq o. &pac/Ce 09unction May 1 , , 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER CITY CLERK FROM: DEPUTY CITY CLERK SUBJECT: APPLICATION FOR LIQUOR LICENSE -- THE SPIDER'S DEN Pursuant to Arizona Revised Statutes the governing body of a City or town shall recommend approval or disapproval of the application for business 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 receive any written arguments in favor of, or in opposition to, the issuance of this license. This agenda item is respectfully submitted for your action. gitilahej- JACKIE TREVINO Deputy City Clerk Approver for Agenda .............._._.- Date Q Item # jdt First R^ad'ng 'S_�(0"D� ..._.T...... Seco'd Rcncl.ng ----. XPub+,c r(, _ -g Old n...-ness --- New Nevi Easiness 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 PQACHE jo O p, ti U . �' 4r�:V '► z DEPARTMENT OF PUBLIC SAFETY q,pIZONP ity @4ucie 09unction W E McDANIEL April 6, 1981 MEMORANDUM TO: Deputy City Clerk THRU: City Manager FROM: Director of Public Safety lvty% SUBJECT: Liquor License Applications Please be advised that the Apache Junction Police Department has investigated Spider's Den/The Deli and Kovac's Korner, and find no reason why a liquor license should not be granted. 1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982 8260 eliN ?OM ft. FORM 120 ® -D.L.L.C.USE ONLY- STATE OF ARIZONA 1 DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1 1645 WEST JEFFERSON,SUITE 227 PHOENIX AZ 85007 _ R DEPT 602/255 5141 APPLICATION FOR LIQUOR LICENSE PAR 21 2 08 Eli 'a Type or print with black ink NOTE PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE YOU ARE CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS,PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE SECTION 1 THIS APPLICATION IS FOR A• ATTACH A XEROX COPY OF CHECK M.0 ETC CS (±.1 NEW LICENSE Complete Sections 2 3 4 5,14 15 Reviewed by V 4� Accepted by t ❑PERSON TRANSFER Complete Sections 2,3,4,5,9,14,15 Current file flagged by i ❑LOCATION TRANSFER Complete Sections 2 3 4 5 10,14 15 Copies made for posting by iiirr.r,pJ ❑NEW AGENT FOR CORP OR CLUB,Complete Sections 2,3,4,5,11,14,15 Copies mailed for posting by Oct a, Date:L ti PROBATE/WILL ASSIGNMENT Complete Sections 2 3 4 5,12,14,15(fee not required) Copies for background by Ott Or Datesvtag ❑GOVERNMENT LICENSE Complete Sections 2 3 4 5 13 14 15 Comments SECTION 2 TYPE OF OWNERSHIP REF DATA ❑INDIVIDUAL,Complete Section 7 ❑CLUB Complete Section 8 CLAIM a T R • T R DATE CODE AMT 2(PARTNERSHIP Complete Section 7 0 GOVERNMENT ❑CORPORATION Complete Section 8 0 OTHER explain SECTION 3. APPLICANT (All applicants must complete this Section) 1 APPLICANT'S OR AGENT'S NAME WE'kt QR �AV.Z y Pi"SA E74 Z. (Insert one name only-to appear on License) Last Name First Name Middle 2 CORPORATION OR PARTNERSHIP NAME 1'OW Q,tai._ • i'il'1 H-eft Sk'P Enter exact name as it appears on Articles of Inc or Partnership Agreement 3 BUSINESS NAME. Sp,a¢rS J e ri y TN �.Jtls Enter exact name as it appears on the exterior of premises 4 BUSINESS ADDRESS: "72-5- W 4pA4.1..i--Crw. L all Rit,LIA1 .'i e•cA 1r7 l•'I_ n Do not use PO Box Number r''� 5. CITY 1'TeAGI1* �,ti....T a COUNTY ` NAl' ,1 ZIP CODE1h1LJ 6 MAILING ADDRESS 71s b.l•(N1ACI.t c I'tki L- d'2-.3 CITY.A 1 A5,�`(J.-T.C{ •N STATE A-- ZIP CODE.' 7.L0 7. IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS.OF THE ABOVE CITY OR TOWN OYES 0 NO SECTION 4 INDICATE LICENSE SERIES.Check only one.use separate form for each license NEW LICENSE FEES Total Due if Filed'Total Due if Filed Person to Person Location SERIES Nov 1 May 15 May 16 Oat 31 Transfer Fee Annual Renewal Transfer Fee 0 1 DISTILLERS LICENSE IN STATE) 1,900.00 1 725.00 550.00 350.00 150.00 ❑2 BREWERS LICENSE(IN STATE) 1900.00 I 1,725.00 550.00 350.00 150.00 ❑3 VINTNERS LICENSE(IN STATE) 1 700.00 I 1,625.00 350.00 150.00 150.00 ❑4 WHOLESALER ALL LIQUORS 1 800.00 1,675.00 550.00 250.00 150.00 ❑5 WHOLESALER WINE AND BEER 1650.00 1,600.00 250.00 100.00 150.00 ❑6 ON-SALE RETAILER ALL LIQUORS 1 700.00 I 1,650.00 350.00 150.00 150.00 6l7 ON SALE RETAILER,WINE AND BEER 425.00 387 50 200.00 75.00 150.00 ❑8 ON-SALE RETAILER BEER 275.00 I 26250 100.00 25.00 150.00 ❑9 OFF SALE RETAILER ALL LIQUORS 1100.00 I 1,050.00 150.00 50.00 150.00 ❑10 OFF SALE RETAILER WINE AND BEER 400.00 375.00 150.00 50.00 150.00 ❑11 OFF SALE RETAILER BEER 275.00 I 26250 100.00 25.00 150.00 0 12 RAILROAD TRAIN LICENSE 1 775.00 1,662.50 500.00 225.00 150.00 ❑ 13 AIRLINE LICENSE 1,775.00 1 662.50 500.00 225.00 150.00 ❑14 PRIVATE CLUB LICENSE 1 200.00 I 1125.00 150.00 150.00 ❑15 HOTEL/MOTEL LICENSE,Complete Section 6 2,050.00 1,800.00 500.00 ❑16 RESTAURANT LICENSE Complete Section 6 2,050.00 I 1,800.00 500.00 • ❑17G GOVERNMENT LICENSE 250.00 1 200.00 • 100.00 • ❑171 DISTILLERS LICENSE(OUT OF STATE) 300.00 i 275.00 150.00 50.00 150.00 ❑18 BREWERS LICENSE(OUT OF STATE) 300.00 275.00 150.00 50.00 150.00 0 19 VINTNERS LICENSE(OUT OF STATE) 300.00 i 275.00 150.00 50.00 150.00 ❑20 IMPORTER EXPORTER OR RECTIFIER 300.00 1 275.00 150.00 50.00 150.00 Not Permitted. SECTION 5. QUESTIONS FOR ALL APPLICANTS. s r 1 Do local zoning laws permit the sale of alcoholic beverages at the location you seek to license INES ONO 2. Distance to the nearest church•ZJ tit_ Zoo 7-1. Name/address of church: 3 Distance to the nearest school•1 s`n La Name/address of school -Tv eM1iT-TtJN E1z r...sa.1A1Ly ZReN✓uad '►slawliW 4 Are you the•DOWNER I/)CESSEE ❑SUBLESSEE ❑PU'RRCHASER of the premises •� 5. If the premises is leased giveJ name and address of lessor ".1)s r..T frz+r (•y t..•s .1Jt JtI a,'+^••o r U.z J` Nant,(,4` /sOLo Address City State Zip 6. What date was lease/sublease signed: n).?r,� /S Ili I Term of lease is• 2 years Va( •a N far 7,1 7 Does the lease include provision to retransfer the liquor license back to the lessor at termination OYES II NO B. Has a license,or transfer of license,for the premises represented herein been denied by the State within the past sixty months OYES ENO If yes attach an explanation IJJL11C 2_ " Av A 6-a st 9. Who will manage this business. 'u`^'Lr3N ' t elI/e•e 0s+, ,rs) Last Name First Name Middle Each manager other than ownerls) must complete Form 134 120A and submit an"applicant"fingerprint card ��(( 10. Does any alcoholic beverage manufacturer wholesaler or employee thereof have any interest in your business.OYES C1INO 11 Is the premises licensed with a license other than the one for which you are applying•OYES tiNO If so give license No. / / / / / / licensee(exactly as it appears on License) Last Name First Name Middle 12 What is your Arizona State Sales Tax(Privilege)License No 13 Do you understand that a portion of the fees,such as Application Fee($50.00)and Interim Permit Fee(if applicable)is not refundable Z(YES Gr. SECTION 6. FOR SERIES 15 OR 16 APPLICANTS. 1 Is there a valid Series 15 or 16 license currently issued at the proposed location DYES ❑NO If so enter licensee's name exactly as it appears on Ilc License No / / / / / / Last Name First Name Middle NOTE• If the answer to question 1 above is "yes' you may qualify for an Interim Permit to operate while your application is pending, consult Section 4-203.01 A.R.S.,complete a Form 176 attach appropriate fee attach the current license,and submit with this application 2 What percentage of your gross sales represents the purchase of"meals" 3 How much of your floor space is designed for restaurant dining(sq ft) Seating capacity for dining purposes 4 Have you attached a copy of your menu that includes prices OYES ONO (If not,explain) SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS 1 Answer the following questions (If applicants are married,answer each question for both husband and wife) Percentage Owned Last Name First Name Middle by each person Residence Address City State Wellea- "DA.z, SJ�, ears,.6'7 4eat_�t S..-..e1`s N AL es`- Applicant(enter here and in section 3) 2 L-rs Cr) Aeer.i So 7 57 114 Pr /r/t al'z Y52c, Partner(or Spouse) Partner Partner Attach additional sheet if necessary EACH PERSON LISTED MUST COMPLETE FORM 120A AND AN"APPLICANT' TYPE FINGERPRINT CARD 2 Is each person listed above a bona fide resident of Arizona VfYES ONO 3 Is any person other than the above going to share in the profits/losses of the business DYESlO SECTION 8. CORPORATION OR CLUB APPLICANTS. 3 r 1 Name of corporation or club• A s+ (Enter exactly as it appears on Articles of Inc or Club Chall�rl 2. Date incorporated or chartered State where incorporated 3 Arizona Corporation Commission File No. Date authorized to do business In ArizonaN,) 4 Is corporation or club nonprofit•OYES ONO If so give I R.S tax exempt No l t7 r 5. If a club refer to Section 4 101 4 A.R.S.,and enter the subparagraph under which you are applying 6 List officers and directors 3 —111 CO Lost Name First Name Middle Title Residence Address City State Attach additional sheet if necessary 7 List stockholders owning 10%or more EACH PERSON LISTED MUST COMPLETE FORM 120A AND SUBMIT AN APPLICANT' TYPE FINGERPRINT CARD 1 Last Name First Name Middle Percentage owned Residence Address City/State' If this Corp is owned by another corp. attach en ownership officer/director disclosure for the parent corporation Attach additional sheets as necessary sr r SECTION 14 DIAGRAM OF PREMISES(Diagram must be on this form blueprints not accepted). 1 SHOW ONLY THE AREA TO BE COVERED BY THIS LICENSE INCLUDE ALL ENTRANCES/EXITS DRIVE IN WINDOWS SERVICE WINDOWS LIQUOR STORAGE AREAS AND DIMENSIONS OR SQUARE FOOTAGE FIGURES.DO NOT INCLUDE PARKING LOTS LIVING QUARTERS ETC SERIES 15 AND SERIES 16 APPLICANTS MUST EXPLICITLY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES (Sl.r r1.aa-p 23 Sk��Ss ,T r ��� �¢ tL Fo.ta r. i L D het:4 { �d �c�' s-r32e ►Sa�sq{(' ►.Iy...It rx L. so- ...— it., ZYiX 6• • r A , lV y r • :. C7 1 Q; AC"'‘1't' Svcs`L �a•4, , ty,or 2. Do you agree to notify the Department of any changes of boundaries entrances exits or service windows prior to modification.AYES ONO 3 we dia is the only are where alcoholic beverages are tp be sold served consumed,dispensed,possessed or stored Signature of applicant/agent SECTION 15 SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS' STATE OF ARIZONA ) ss COUNTY OF7•e'A L' /+ 1 q aJ'a 1-C J is R `r1 C�I4 f )57W hve cif/ ti1iUO BEING FIRST DULY SWORN UPON OATH Printed Name of Applicant(or Agent if Corp or Club) HEREBY DEPOSE SWEAR AND DECLARE, UNDER PENALTY OF PERJURY, THAT (1) I AM THE APPLICANT (OR AGENT IF APPLICANT IS A CORPORATION/CLUB) MAKING THE FOREGOING APPLICATION (2) THAT SAID APPLICATION HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEREIN ARE TRUE CORRECT, AND COMPLETE, (3) THAT THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR TAXING AUTHORITY REGULATORY AUTHORITY OR TRANSFEROR, (4) THAT NO OTHER PERSON FIRM OR CORPORATION, EXCEPT AS INDICATED HEREIN HAS AN INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOR WHICH THESE STATEMENTS ARE MADE 151 AND THAT NONE OF THE OWNERS PARTNERS OFFICERS, DIRECTORS, OR STO HOLDERS LISTED HEREIN HAVE BEEN CONVICTED OF A FELONY I E PAST FIVE YEARS OR A LIQUOR VIOLATION IN TH p U.s/-- Signature SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this day of 19V �e�wr1 Signature of NOTARY PUBLIC My Commission aspires on ry commission expires Oct 7,19e I8► We 8o !.dJC gab • FORM i 20A —D.L.L C.USE ONLY— STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON SUITE 227 PT PHOENIX,AZ 85007 rr•' ZJ 2 10�`fI t0UU l 602/255 5141 QUESTIONNAIRE TO BE COMPLETED BY EACH OWNER PARTNER STOCKHOLDER (10% OR MORE), AND MANAGER ALSO, EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT ?i t/y t 411011.Cr� 1 Name V" tilt( (reuly Date of birth 12.i/`, L13 Last First Middle Month day,year 2 Business Name ' I(t Ql S e I'( 7 N E Place of birth.M011'ue IN,N1 — I As it appears in Section 3 of Form 120) City State 3 Business address. 17"C L,) A Q vcL&�Pc,L 4121 t'(A>',l Ar.ieAt n. �ia,.dst •a,� a s 04L dc).z 1 (Donott use P O Bon number) City County Zip Code o 4 Drivers license No.IA I a'I I 1 ' c 41+' Height .S.' 34 Weight. I EI 1 Eye color.Qr u w M Hair color 6 r State 5 Name of spouse mAC:nfvl) jyoM( Wt(�2� ketIif( Date of birth 1141 ('/f First /� Middle Last Maiden 1?6 Of what state are you a bona fide resident. C•L a rtA If Arizona date of residency Vi(V 7 Indicate your employment or business engaged in during the past five years If unemployed part of the time so state Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Address City State and Zip Code) A DATES (Vallol .A4NrtiJwC/..Ch,( WiUa4S lgwNMu'••'!•u Present Position or business engaged ‘4. may, g V lJ E 4(a(Nc 'Tr v L in bet 1411 l.w Ne ft lZ nr MESA B DATES Position held or business engaged in , QL '€t"'14'1°a immediately preceding above(A) wAt.6.s"TATC C DATES Position held or business engaged in immediately preceding above IS) Attach additional sheet if necessary 8 Indicate where you have resided for the last five years FROM TO RESIDENCE. Month Year Month Year Street City State Zip Code 0� 1c-11 Pteae.f '30> 614 (i,at.4z Attach additional sheet if necessary 9. How many hours per day will you personally spend managing the business related hereto 10 Give Telephone Numbers for Ace I I K Z .l r Business Residence 11 Have you ever been detained,cited arrested,indicted or summoned into court for violations of any law or ordinance,including traffic violations and liquor violations OYES , NO 12 Have you ever posted bond been ordered to deposit bail been fined imprisoned had sentence suspended or placed on probation for violation of any law or ordinance OYES 11140 13 Have you ever had a business,professional,or liquor license rejected denied revoked suspended or fined in this or any other state OYES ®NO 14 Have you ever had an application for any business professional or liquor license rejected or denied OYES NINO 15 Has anyone ever filed suit or obtained a judgment against you in any civil action the subject of which involved fraud or misrepresentation of a liquor related matter. OYES ONO 16 If any answer to Questions 9 through 15 is 'YES ,attach a signed statement giving complete details. 17 Are you familiar with Arizona State Liquor Laws and Regulations ,(AYES 18. Do you agree to keep your Arizona State Sales(Privilege)Tax Account and your city permit fees lit applicable)current. RYES E. 19 Do you agree to notify the Department of Liquor of any proposed change of business name prior to making any such changes. fi2YES E. 20 Do you agree to post the permit or license,if issued in a conspicious place on the premises and within view of the general public. YES C 21 Do you agree to purchase ell liquor wine and beer supplies only from licensed Arizona wholesalers RYES L 22 Do you agree to keep all records invoices and other documents relating to the purchase sale,or delivery of alcoholic beverages for a period of two years and to have them easily accessible for examination' DYES r; 23 Do you consent for the duration of the permit or license if issued to the entrance,inspection,and search by any law enforcement official without a warrant or other process of your licensed premises to determine whether you are complying with the provisions of the State Liquor Laws Regulations and Board Directives GP(ES C 24 Do you consent to an investigation of your background including all records of every kind and description including police records and to waive any rights or causes of action that you may have against the Arizona Department of Liquor Licenses and Control and any other individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control cS'ES C 25 If any answer to Questions 17 through 24 is 'NO' attach a signed statement giving the reasons for such answers FALSE OR INCOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE DENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT. STATE OF AI 1.1A ') ) ss COUNTY OF ?.N 0L Th A V• !- G L i Q kk-PP, BEING FIRST DULY SWORN UPON OATH HERE Printed name of applicant DEPOSE SWEAR AND DECLARE UNDER PENALTY OF PERJURY THAT I AM THE APPLICANT MAKING THE FOREGOING QUESTIONNA AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THERi ARE TRUE,CORRECT,AND COMPLETE Signature SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this P-2141 day of_, /1�-- ,1921 '!svt Signature of NOTARY PUBLIC My Commission expires on r',I Co i'01551on expires Oct 7,1981 [ '- e r✓ • tip • FORM raelt —D L L C USE ONLY— STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON,SUITE 227 OCPT PHOENIX,AZ 85007 602(255 5141 VAR 211 2 io?1\'BI QUESTIONNAIRE TO BE COMPLETED BY EACH OWNER, PARTNER, STOCKHOLDER (10% OR MORE) AND MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD, WHICH MAY BE OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT Li(hi}lira,L`. • 1 Name. "PG6J 2.11(J.2 15 /TT /SWE'/L/ Date of birth. J//// Last T� ..r�First Middle Month, day year 2 Business Name .S.�J PF� U3 c' , //r/t YLc1./ Place of birth./7'/y/si/"d/v/ /1.C (As it appearsin Section 3 of Form 120) rEE'S7ir p ro/'.4r12/7 City State 3 Business address 72$ ku //�Ae/XL J/?///C A4,c'c"//E 71).0 /v2l ,.4Ai4z 2.1—Z. (Do not use P O Box number) City County Zip Code 4 Drivers license No. L / C' 4 Z. Height. d" Weight. /6 0 Eye color.BlG'F Hair color/7Ruf4/1! /« State 5 Name of spouse .("c73 Q9),,7////4 y ('/i/J7R /(L Date of birth.Jrt-5 /O /f First Middle "9 Last Maiden p 6 Of what state are you a bona fide resident ,IA?/2v/i7 If Arizona date of residency / t J LI ti r /T 74 7 Indicate your employment or business engaged in during the past five years If unemployed part of the time so state Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Address City Scot. and Zip Code) A DATES Present Position or business engaged 7 .Tu NG 75' yzr in y[ /2F}e.riTlj'CFT.+�/!/�/—TEt/J iti'�cci/,'/�T3 Ach' /9Z B DATES us /9i/I'"2'AeE (FLRc/2e) Position held or business engaged in /d TJcC 7r/ immediately preceding above(AI n` mAY 79 /IcFTg7/)ie TrC!/, Ec/vBo, 'y Fio f,Cfi/uP C DATES , 7 G.%yl5 Position held or business engaged in //A LY 7/ immediately preceding above(el /3 Pee 7 y /Jl/1- /)I/1I,,. TEc'I/ /L' -'//-s /f/'/J lr�f v Attach additional sheet if necessary 8 Indicate where you have resided for the last five years FROM TO RESIDENCE Month Year Month Year Street City State Zip Code JofI 78 P4c5cu/T 4a3' G 171FS// AZ. 1S7,7a7 pee 7y /I7/1Y 7Q JP/civil•/'Y 1-=ity[il 4,12 (} nie/ C2" F f'cfr z:vje/Ari Attach additional sheet if necessary 9 How many hours per day will you personally spend managing the business related hereto 10 Give Telephone Numbers for /)JiY )C D /" !C 7 to 5 /. / Business Residence 11 Have you ever been detained cited arrested indicted or summoned into court for violations of any law or ordinance including traffic violations and liquor violations OYES 'INO 12 Have you ever posted bond been ordered to deposit bail been fined imprisoned had sentence suspended or placed on probation for violation of any law or ordinance ❑YES RNO 13 Have you ever had a business professional or liquor license rejected,denied revoked suspended or fined in this or any other state OYES ;ONO 14 Have you ever had an application for any business professional or liquor license rejected or denied OYES DINO 15 Has anyone ever filed suit or obtained a judgment against you in any civil action, the subject of which involved fraud or misrepresentation of a liquor related matter OYES DINO 16. If any answer to Questions 9 through 15 is 'YES" attach a signed statement giving complete details • 17 Are you familiar with Arizona State Liquor Laws and Regulations' (XYES L_ 18 Do you agree to keep your Arizona State Sales(Privilege)Tax Account and your city permit fees(if applicable)current (N YES C 19 Do you agree to notify the Department of Liquor of any proposed change of business name prior to making any such changes. al YES C'` 20 Do you agree to post the permit or license if issued in a conspicious place on the premises and within view of the general public• 2:YES Er 21 Do you agree to purchase all liquor wine and beer supplies only from licensed Arizona wholesalers AYES C 22. Do you agree to keep all records invoices and other documents relating to the purchase,sale,or delivery of alcoholic beverages for a period of two years and to have them easily accessible for examination gi YES r_ 23 Do you consent for the duration of the permit or license if issued to the entrance,inspection,and search by any law enforcement official without a warrantor other process of your licensed premises to determine whether you are complying with the provisions of the State Liquor Laws Regulations,and Board Directives OYES E 24 Do you consent to an investigation of your background including all records of every kind and description including police records and to waive any rights or causes of action that you may have against the Arizona Department of Liquor Licenses end Control and any other individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control RI YES 25. If any answer to Questions 17 through 24 is 'NO',attach a signed statement giving the reasons for such answers. FALSE OR INCOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE DENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT r STATE OF ,4k/241 i1161 ) n�J I ss COUNTY OF /'/ A,aV Lit ) I, Ik A /(�/TT W 4.1?/0 n BEING FIRST DULY SWORN UPON OATH,HERE _ _. Printed name of applicant DEPOSE,SWEAR,AND DECLARE UNDER PENALTY OF PERJURY THAT I AM THE APPLICANT MAKING THE FOREGOING OUESTIONNcr AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEN= ARE TRUE CORRECT AND COMPLETE Signature QQ SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this , '"LkA day of ' 1 Plc jt 19f _L--------CIL.64jl' Or ' Signature of NOTARY PUBLIC My Commission expires on My corlm!sslEl expires Oct 7,1'181 coon 2 7.7T Li Co— a O rr' .-1 Cj1 N l oc .a 1 1 i ITEM NO . 7 d BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR NEW SERIES 7 LIQUOR LICENSE FOR THE SPIDER'S DEN BY APPLICANTS DAVID 'TELLER AND BRITT ROWLAND, BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. FOR APPROVAL ITEM NO . 7 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR NEW SERIES 7 LIQUOR LICENSE FOR THE SPIDER 'S DEN BY APPLICANTS DAVID WELLER AND BRITT ROWLAND, BE AND HEREBY IS RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. FOR DENIAL PQACHF✓ ..... ....... rO� x� �Gti 4RIZONP COity o 04pache cOunction May 1 , 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER CITY CLERK FROM• DEPUTY CITY CLERK SUBJECT: TRANSFER OF LIQUOR LICENSE -- KOVAK'S KORNER 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. zed JACKIE TREVINO Approver for Agenda _ Deputy City Clerk Date Item # Fir;;Reading jdt Second Reading Public i- tiring C,J Business •-. New 2u-:Hess 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982 8002 iir-gACHE ,43 DEPARTMENT OF PUBLIC SAFETY AIR/ZONP cOitV o� C419uche 09unction W E McDANIEL April 6, 1981 MEMORANDUM TO: Deputy City Clerk THRU: City Manager FROM: Director of Public Safetyl SUBJECT: Liquor License Applications Please be advised that the Apache Junction Police Department has investigated Spider's Den/The Deli and Kovac's Korner, and find no reason why a liquor license should not be granted. 1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260 `°""'"° J . • -D.L.L.C.USE ONLY- STATE OF ARIZONA S)EPARTMENT OF LIQUOR LICENSES AND CONTROL t 1645 WEST JEFFERSON,SUITE 227 PHOENIX AZ 85007 t:. t 1 IIR DEPT 6021255 6141 APPLICATION FOR LIQUOR LICENSE V R 24 1 `4 Ptl t8 Type or print with blank ink NOTE. PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE, YOU ARE CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS PLANS FOR A GRAND OPENING ETC. BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE SECTION 1 THIS APPLICATION IS FOR A ATTACH A XEROX COPY OF CHECK.M.O ETC ❑NEW LICENSE,Complete Sections 2 3 4 5 14,15 Reviewed by c,„id Ac jpted by d r r WV.PERSON TRANSFER Complete Sections 2 3,4,5,9,14 15 Current file flagged by {� i ❑LOCATION TRANSFER,Complete Sections 2 3 4 5 10 14 15 Copies made for posting by oe C1 p NEW AGENT FOR CORP OR CLUB Complete Sections 2 3 4 5 11 14 15 Copies mailed for posting by. a d' Date ❑PROBATE/WILL ASSIGNMENT Complete Sections 2 3 4 5 12 14 15)fee not required) Copies for background by a.at Date.st. ❑GOVERNMENT LICENSE Complete Sections 2 3 4 5 13 14 15 Comments SECTION 2 TYPE OF OWNERSHIP REF DATA NV LQ INDIVIDUAL,Complete Section 7 0 CLUB Complete Section 8 i CLAIM• T R • T R DATE CODE AMT ❑PARTNERSHIP Complete Section 7 0 GOVERNMENT ❑CORPORATION Complete Section 8 0 OTHER explain SECTION 3 APPLICANT (All applicants must complete this Section) �+ • • 1 APPLICANT'S OR AGENT'S NAME !"7 L/C J Q De/OPeS <6 rr'in de. (Insert one name only-to appear on License) Last Name First Name Middle 2 CORPORATION OR PARTNERSHIP NAME 11 I r /� Enter enact name as it appears on Articles of Inc or Partnership Agreement 3 BUSINESS NAME f� V li O 'S lcn r ne r Enter exact name as it appears on the exterior of premises 4 BUSINESS ADDRESS. e2C 2 30 IL)n. 41P4eh� -tr,4/L Do.not use P O Box Number • 5. CITY APACHE .(ime ON/ COUNTY Pi,oi r)L ZIP CODE gS.2.2. 6 MAILING ADDRESS 2 2 30 IU.AP4!J)e Tr CITY. p.ma •467t. STATE__ ARJ,ZIP CODE.,S.ZD 7 IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS OF THE ABOVE CITY OR TOWN IdYES 0 NO SECTION 4 INDICATE LICENSE SERIES:Check only one use separate form for each license NEW LICENSE FEES Total Due if Filed.Total Due if Filed Person to Person Location SERIES Nov 1 May 15 i May 16 Oct 31 Transfer Fee Annual Renewal Transfer Fee I ❑1 DISTILLERS LICENSE(IN STATE) 1,900.00 : 1 725.00 550.00 350.00 150.00 ❑2 BREWERS LICENSE(IN STATE) 1,900.00 1 1 725.00 550.00 350.00 150.00 ❑3 VINTNERS LICENSE(IN STATE) 1 700.00 I 1,625.00 350.00 150.00 150.00 ❑4 WHOLESALER ALL LIQUORS 1,800.00 : 1675.00 550.00 250.00 150.00 ❑5 WHOLESALER WINE AND BEER 1,650.00 1 600.00 250.00 100.00 150.00 ❑,_,,�6 ON-SALE RETAILER ALL LIQUORS 1.700.00 I 1,650.00 350.00 150.00 150.00 dhsl / ON-SALE RETAILER WINE AND BEER 425.00 38750 2_00.00 75.00 150.00 ❑8 ON•SALE RETAILER BEER 275.00 I 262.50 100.00 25.00 150.00 ❑9 OFF SALE RETAILER ALL LIQUORS 1100.00 ' 1 050.00 150.00 50.00 150.00 ❑10 OFF SALE RETAILER WINE AND BEER 400.00 375.00 150.00 50.00 150.00 ❑11 OFF SALE RETAILER BEER 275.00 I 26250 100.00 25.00 150.00 012 RAILROAD TRAIN LICENSE 1775.00 1662.50 500.00 225.00 150.00 ❑13 AIRLINE LICENSE 1,775.00 I 1,662.50 500.00 225.00 150.00 ❑14 PRIVATE CLUB LICENSE 1 200.00 ) 1125.00 150.00 150.00 ❑15 HOTEL/MOTEL LICENSE Complete Section 6 2,050.00 1 800.00 • 500.00 ❑16 RESTAURANT LICENSE Complete Section 6 2,050.00 I 1,800.00 • 500.00 • ❑17G GOVERNMENT LICENSE 250.00 200.00 • 100.00 • ❑ 171 DISTILLERS LICENSE(OUT OF STATE) 300.00 275.00 150.00 50.00 150.00 ❑ 18 BREWERS LICENSE(OUT OF-STATEI 300.00 275.00 150.00 50.00 150.00 ❑19 VINTNERS LICENSE(OUT OF STATE) 300.00 I 275.00 150.00 50.00 150.00 ❑20 IMPORTER EXPORTER OR RECTIFIER 300.00 I 275.00 150.00 50.00 150.00 •Not Permitted AIN SECTION 5. QUESTIONS FOR ALL APPLICANTS: ��// 1 Do Kcal zoning laws permit the sale f of allcoholic beverages at the location youtrseek to license.I!l//`l--ES ONO c 2. Distance to the nearest church. y _ Name/addrais of church:Kr�n•Y.u.v can 3 Distance to the nearest school• Name/address of school• tr c s 4 Are you the ❑OWNER, L$CESSEE ❑SUBLESSEE, ❑PVg �A2�emlees / 5. If the premises is leased,give name and address of lessor x le Po 13 6_,( a Cp,9 0h P t t e f.Name / i Address zip �7 7 City State Z 6 What date was lease/sublease signed f/— — / �7 Term of lease is /9 Q 3 years 7 Does the lease include provision to retransfer the liquor license back to the lessor at termination OYES L7'fro 8. Hasa license,or transfer of license for the premises represented herein been denied by the State within the past sixty months OYES L><O If yes attach an explanation. �l�)/1 9. Who will manage this business._ / (li(pis 1QI.r e *1 r r/n n e Last Name First Name Middle Each manager other than ownerls) must complete Form 134,120A,and submit an"applicant fingerprint card ,,__,,// 10 Does any alcoholic beverage manufacturer wholesaler or employee thereof,have any interest In your business OYES ItaNO 11 Is the premises licensed with a license other than the one for which you are applying OYES >i17G0 If so give license No, / / / / licensee.(exactly as it appears on License) Last Name / First Name Middle 12 What is your Arizona State Sales Tax(Privilege)License No'1/f 6 - rkC'SC/`� ,,.�.,�� 13 Do you understand that a portion of the fees,such as Application Fee($50.00)and Interim Permit Fee(if applicable)is not refundable'4ES ❑Nr SECTION 6 FOR SERIES 15 OR 16 APPLICANTS. ���� 1 Is there a valid Series 15 or 16 license currently issued at the proposed location OYES (!!NO If so,enter licensee's name exactly as it appears on Ito: License No. / / / / / / Last Name First Name Middle NOTE It the answer to question 1 above is 'yes' you may quality for an Interim Permit to operate white your application is pending consult Section 4-203.01, A.R.S., complete a Form 176 attach appropriate fee, attach the current license and submit with this application 2. What percentage of your gross sales represents Me purchase of"meals" 3 How much of your floor space is designed for restaurant dining(sq.ft) Seating capacity for dining purposes 4 Have you attached a copy of your menu that includes prices.OYES ONO IIf not explain) SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS I Answer the following questions.(If applicants are married answer each question for both husband and wife) Percentage Owned - Last Name First Name Middle by each person Residence Address City,State Made/?s D2/o re s k' ' as is , 9 6',R�r/1..� Applica t(enter here and in section 31 i/D Partner for Spouse) U v Partner Partner Attach additional sheet if necessary EACH PERSONJJSTED MUST COMPLETE FORM 120A AND AN"APPLICANT"TYPE FINGERPRINT CARD tF7fd EYES Is each pgrso ed above a bona fide resident of Arizona ONO 3. Is any r�`a_rson, er than the above going to share in the profits/losses of the business.OYES ENO SECTION 8 CORPOifATION OR CLUB APPLICANTS. 1 Name of corporation or club• (Enter exactly as it appears on Articles of Inc or Club Charter) 2. Date incorpor6M or chartered _ State where incorporated 3 Arizona Corporayon Commission File No. Date authorized to do business in Arizona. 4 Is corporation^Vftlub nonprofit OYES ONO If s's give I R.S tax exempt No 5. If s club,refer to Section 4 101 4 A.R.S.,and enter the subparagraph under which you are applying 8. List officers and directors Last Name First Name Middle Title Residence Address City State Attach additional sheet if necessary 7 List stockholders owning 10%or more EACH PERSON LISTED MUST COMPLETE FORM 120A AND SUBMIT AN APPLICANT"TYPE FINGERPRINT CARD Last Name First Name Middle Percentage owned Residence Address City/State.-' If this Corp is owned by another Corp. attach an ownership otficer/director disclosure for the parent corporation Attach additional sheets as necessary SECTION 9 PERSON TO PERSON TRANS OUESTION6 TO BE COMPLETED BY CURRENT1 L ISEE• 1 Current licensee �e{I e. : 1,A V r C 6e 0AI a Entity. z+-YY L Exactly as it appears on license Last Name First Name Middle Etal,Age,etc I 2 Corpst,ate name If current license is in the name of a corporation enter exactly as it appears on license 3, 4. Current business name K'oV (CoRM C s- Exactly as it appears on license 4 Current business address. 2 13 a E /ap,,clue County.?.A/A L" Exactly as it ap ars on license /s �s City f�.Pgelx-e- c o taw rt dt' Ai_ ZIP CODE 5‘2-1-'- 6. Clcense Series. 7 License Number b/7/'Ti 0/t/et/4/2 Date of last renewal. / JJ/ 6. Have you complied with the Uniform Commercial Code concerning bulk sale transferst., )'YES ONO� If not,attach an explanation 7 Have all creditors,lien holders interest holders etc been notified of this transfer . /'ES ONO V4,Yi) 8. Does the applicant intend to operate the business while this application is pending EYES ONO If so complete Form 176 attach appropriate fee attach current license and submit with this application(for Series 6 7 B 9 10 11 12 or 13 only) 9 To be completed by the CURRENT LICENSEE I HEREBY RELINQUISH MY RIGHTS TO THE ABOVE DESCRIBED LICENSE TO THE APPLICANT NAMED HEREIN AND HEREBY DEPOSE I AND SAY THAT THE STATEMENTS MADE l SECTION E,TRUE CORRECT AND COMPLETE fin —z 3-e I STATE OF s1s`Y Signature of current licensee 1 Date signed COUNTY OF SUBSCRIBED AND SWORN TO before me this 23 day of /s\ ,/, C-L^ ,1Y1 My cemm sslon^X •l Signature of NOTARY PUBLIC My Commission expires on ...Ypres LJC[./,]9H1 (/ - • ( SECTION 10 LOCATION TO LOCATION TRANSFER QUESTIONS (Doss not apply to Series 15,16 or 17G) APPLICANTS CAIRT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS FINALLY APPROVED BY THE STATE 1 Current busipass ar&dress. County. tl. Exactly as it appears on license LLI cn 1(rij Bi y• ZIP Code: 2 Current buslh ss nab: Exactly as it appears on license 3 New business address County Also enter in Sections Do not use P O Box Number CiCnuy ZIP Code 4, New business name,�c • "'^""''"'""' - "' "' Also enter In Sectioft / 5. License Series. License Number• / / J / / / / Date of last renewal 6 What date do you plan to move. Date of planned opening SECTION 11 APPOINTMENT OF NEW AGENT FOR CORPORATION OR CLUB LICENSE 1 Current Agent's name Exactly as it appears on license Last Name First Name Middle 2 New Agents name. Also enter in Section 3 Last Name First Name Middle 3 License Series. License number / / / / / / / Date of last renewal 4 Does this transaction involve the sale of any portion of the corporate stock OYES ONO If so,Complete Section 8 5. To be completed by a CORPORATE OFFICER• ,HEREBY CONSENT TO THE AGENT APPOINTMENT Printed Name of Corporate Officer NAMED HEREIN AND AGREE TO IMMEDIATELY ASSIGN A NEW AGENT IN THE EVENT OF THE DEATH RESIGNATION, OR DISCHARGE OF THIS AGENT I ALSO UNDERSTAND THAT IF THE BACKGROUND REPORT SHOWS THAT I, THE CORPORATION OR ANY OFFICER, DIRECTOR OR STOCKHOLDER HAVE BEEN CONVICTED OF A FELONY IN THE PAST FIVE YEARS,OR A LIQUOR VIOLATION IN THE PAST YEAR I WILL IMMEDIATELY SURRENDER THE LICENSE TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AND HEREBY WAIVE ALL RIGHTS TO APPEAL SUCH ACTION STATE OF Signature of corporate/club officer COUNTY OF - SUBSCRIBED AND SWORN TO before me this day of ,19 My Commission expires on. Signature of NOTARY PUBLIC SECTION 12 PROBATE OR WILL ASSIGNMENT OF AN EXISTING LICENSE(Does not apply to corporations(' 1 Current licensee's name. (Exactly as it appears on license) Last Name First Name Middle 2 Assignee's name. (Also enter in Section 3) Last Name First Name Middle 3 License Series License number / / / / / / / Date of last renewal. 4. Attach a certified copy of the will or probate distribution instrument that specifically distributes the liquor license to the assignee SECTION 13 GOVERNMENT LICENSE(for cities towns,or counties only(: 1 Person to administer this license (Also enter in Section 3) Last Name First Name Middle 2 Applicant: Attach respective governing body s authorization Name of City Town or County 3 Have you answered ALL questions in Section 3,including the location to be licensed OYES ONO 4 Do you understand that you can only serve alcoholic beverages for consumption on the licensed premises OYES ONO 5. Will a concessionaire be using this license OYES ONO If so attach the agreement and appropriate authorizations required by Section 4-205.03 A.R.S. 6 Do you understand a separate license must be obtained for each premises from which alcoholic beverages are to be served ❑YES ❑NO .v:,. W. ,,...> _. ,a.;-t...*T._vcrT«Y l7_'`,MtleRtriy;,....rev... w-^p+.....,- 1 SECTION 14 DIAGRAM OF PREMISES(Diagram must be on this form,blueprints not accepted): a' 1 SHOW ONLY THE AREA TO BE COVERED BY THIS LICENSE INCLUDE ALL ENTRANCES/EXITS DRIVE IN WINDOWS,ERVICE/NINDO LIQUOR STORAGE AREAS,AND DIMENSIONS OR SQUARE FOOTAGE FIGURES DO NOT INCLUDE PARKING LOTS,LIVING QUMr1TERS E SERIES 15 AND SERIES 16 APPLICANTS MUST EXPLICITLY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES. / r DD(` Trh4J J )(IC \ilobk! Iyfh+t it- �p(KI _�-\ �s�/err Tees,/ — itir� �jl� cf_,e - - :J ,n -v I- co ,__. _ 2 Do you agree to.notify the Department of any changes of boundaries,entrances,exits,or service windows prior to modification.DYES ONO 3 The a e d' am is thepnl ea where alcoholic beverages are to be sold,served consumed dispensed possessed or stored l'nt / I at e a���t7'gent C SECTION 15 SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS. STATE OF ARIZONA I I ss COUNTY OF ) I/✓h L- I I �eLa^ e-1 I" Ph<y::J BEING FIRST DULY SWORN UPON C r Printed Name of Applicant(or Agent if Corp or Club) HEREBY DEPOSE SWEAR AND DECLARE UNDER PENALTY OF PERJURY THAT (1) I AM THE APPLICANT (OR AGEN APPLICANT IS A CORPORATION/CLUB), MAKING THE FOREGOING APPLICATION,(2)THAT SAID APPLICATION HAS BEEN READ THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEREIN ARE TRUE CORRECT, AND COMPLETE, 13) THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR, TAXING AUTHORITY REGULA AUTHORITY, OR TRANSFEROR, (4) THAT NO OTHER PERSON, FIRM OR CORPORATION EXCEPT AS INDICATED HEREIN HAS INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOR WHICH THESE STATEMENTS ARE MADE, (5) AND THAT NONE OF OWNERS PARTNERS OFFICERS DIRECTORS OR STOCKHOLDERS LISTED HEREIN HAVE BEEN CONVICTED OF A FELONY IN PAST FIVE YEARS OR A LIQUOR VIOLATION IN THE PAT YEA . .mot -ram 94j_,.efe.Lo.,ss- Signature /]�� , • .1 SUBSCRIBED IN MY PRESENCE AND SWORN TO before ma this .2 tl n dey of 'rr s.4�,7�. , .'��/- —;igrj Signature of NOTARY PUBLIC My Commission expires on P Pnm,:„,;;.tUR C)e'?,',.,5 Oct 7,I931 i 18a Wed es I I1Z 8ni , 1d3O ; I, i . • e $ FORM,zO• —D.L.L C USE ONLY- t S1A1'E OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1645 WEST JEFFERSON,SUITE 227 { ` PT PHOENIX,AZ 85007 �,1R 211 SS NI tp 602/255 5141 QUESTIONNAIRE TO BE COMPLETED BY EACH OWNER PARTNER STOCKHOLDER (10% OR MORE) AND MANAGER ALSO, EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT - ` t(''� l I 1 Name Al e tl e r s )e S/tire �/ /4n O. Date of birth. /,sue//a, Last/r�/(/•l \n 7^,�//�P/� First Middle Month/ day year 2 Business Name (\ " �/I C f`-' l 11),\f ) R Place of birth.NAn/7/0%. /(!€ //qq (As it aappppeearrss in Section 3�off�lForm 120) /III N1 n -y1 If City O +, State 3 Business address• ,�z 30 IVY r T`tTt1 l'�P !i F/i) /'1 nFrL ht' 1J(1 1 I?w O s`2,o (Do not usee-P 0 Box number) ity County Zip Code 4 Drivers license No.Zr�(, J ilpi 2. Height 5 2-" Weight i 1�n Eye color?Re CA) Hair color:e1�A) ilk e Me State 5 Name of spouse. r V G , Date of birth First j7Middle q /� Last Maiden �y 6 Of what state are you a bona fide resident /Q,F'I,. 0A/4- If Arizona date of residency 77 7 Indicate your employment or business engaged in during the past five years If unemployed part of the time so state Time Describe Position Employer's Name or Name of Business Employed or Businessnf AA (Give Street Address,City.State,and Zip Code) A DATES ASSi-. I-h'- Cis/RC/e K;#Or / Present Position or business engaged �c'''/977 es/p/e/],p y /U(t F APr/Chy in ";h•l:/ /l^ APIC/,(1 all'. '4Elz. £c 3-/7 vv�c1��1V/(7 DATES h` Position held or business engaged in immediately preceding above(A) ob GO/6i7 DATES Position held or business engaged in immediately preceding above(B) Attach additional sheet if necessary 8 Indicate where you have resided for the last five years FROM TO RESIDENCE• Month Year Month Year Street City State Zip Code jildipy 1977 MAR Mr, do leoa a�i u...�.,e4// niL Jed A2/Z P. 20 e, 1972.0%,ft.% 1f77. 2-AL I Yof)pk4 zGL• Attach additional sheet it necessary /� 9 How many hours per day will you personally spend managing the business related hereto �12 -/0 10 Give Telephone Numbers for 9,g 2- 2_-2-Si( o•( -d 3 3 o Business Residence 11 Have you ever been detained cited arrested indicted or summoned into court for violations of any law or ordinance including traffic violations and liquor violations OYES ftl'NO 12 Have you ever posted bond been ordered to deposit bail,been fined,Imprisoned had sentence suspended or placed on probation for r� violation of any law or ordinance' OYES t 1 O 13 Have you ever had a business professional or liquor license rejected,denied,revoked suspended or fined in this or any other state' OYES t'f'O 14 Have you ever had an application for any business,professional or liquor license rejected or denied. OYES 2�i0 15. Has anyone ever filed suit or obtained a judgment against you in any civil action, the subject of which involved fraud or misrepresentation of a liquor related matter OYES ENO • ti 16 If any answer to Questions 9 through 15 is"YES' attach a signed statement giving complete details 1_ r 17 Are you familiar with Arizona State liquor Laws and Regulations .r` IVES ❑' ♦ 18 Do you agree to keep your Arizona State Sales(Privilege)Tax Account and your city permit fees(if applicable)current 16'S ❑f. 19 Do you agree to notify the Department of Liquor of any proposed change of business name prior to making any such changes. ,,a7 yES ❑" 20 Do you agree to post the permit or license if issued in a conspicious place on the premises and within view of the general public WIVES ❑t 21 Do you agree to purchase all liquor wine and beer supplies only from licensed Arizona wholesalers RYES ❑` 22 Do you agree to keep all records,invoices and other documents relating to the pl rchase sale or delivery of alcoholic beverages for a period of two years and to have them easily accessible for examination , ls1YES C' 23, Do you consent for the duration of the permit or license if issued to the entrance,inspection,and search by any law enforcement official without a warrant or other process,of your licensed premises to determine whether you are complying with the provisions of J the State Liquor Laws,Regulations,and Board Directives. IY•ES L' 24 Do you consent to an investigation of your background including all records of every kind and description including police records and to waive any rights or causes of action that you may have against the Arizona Department of Liquor Licenses and Control and 11 any other individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control tlJYES 25 If any answer to Questions 17 through 24 is"NO" attach a signed statement giving the reasons for such answers FALSE OR INCOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE DENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT STATE OF I ss • COUNTY OF I. I PR 1 Ojr"({ K AAA eve BEING FIRST DULY SWORN UPON OATH HERE Printed nam6 of applicant DEPOSE SWEAR AND DECLARE UNDER PENALTY OF PERJURY THAT I AM THE APPLICANT MAKING THE FOREGOING QUESTIONNA• AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THERE ARE TRUE CORRECT AND COMPLETE J� .16...Aa' Signature '(,t / SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this #n 4iat day of 4�1� _ — 19_C Signature of NOTARY PUBLI -4(.--511 My Commission expires on ',y Commission expires Oct 7,loll CC] I— a_ w o_ . r to � N r 00 ITEM NO . 8 OA) �� G , BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 7 LIQUOR LICENSE FOR KOVAK'S KORNER TO DELORES MEYERS, BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSE AND CONTROL �fp) : FOP, APPROVAL ITEM NO , 8 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 7 LIQUOR LICENSE FOR KOVAK'S KORNER TO DELORES MEYERS, BE AND HEREBY IS, RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. FOR DENIAL (iPtCHE G Ua pit N , iii �;Q q,p/ZONP (6ity O75 &4 Iac`2e 09unction May 1 , 1981 MEMORANDUM TO: 0 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER CITY CLERK f' FROM: DEPUTY CITY CLERK SUBJECT: TRANSFER OF LIQUOR LICENSE John 's Jiffy Mart Pursuant to A.R.S. Section 4-201 the governing body of a City of town shall recommendapproval 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. (7-ertr—b_9...) Appro'i r for Agenda ......:........:..:......; JACKIE TREVINO Deputy City Clerk Date Item Afir:; �i£aCI. �' 0 jdt g Pt+b",- < ,r J C!u :JuSSr':;S New 1' �,nC3s 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ps p,C •.. / ià U . �� , . z DEPARTMENT OF PUBLIC SAFETY 4R/ZON1/4 V ity o c94pache cOunctzon W E McDANIEL April 7, 1981 E rocc MEMORANDUM TO: Deputy City Clerk THRU: City Manager FROM: Director of Public Safety SUBJECT: Liquor License Applications Please be advised that the Apache Junction Police Department has investigated John's Jiffy Mart and find no reason why a liquor license should not be granted. 1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260 FO R:.1 110 R V -D L L C USE ONLY- STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 1646 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 602/255-5141 DOT. nu APPLICATION FOR LIQUOR LICENSEAFR 2 4 39 FM 1al u i Type or print with black ink NOTE• PROCESSING OF MOST APPLICATIONS TAKES 60 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD THEREFORE YOU ARE • CAUTIONED REGARDING EXTENSIVE FINANCIAL COMMITMENTS,PLANS FOR A GRAND OPENING,ETC. BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE SECTION 1 THIS APPLICATION IS FOR A' ATTACH A XEROX COCV OF CHECK M.O ETC ❑, rr��"NEW LICENSE Complete Sections 2 3 4 5 14,15 Reviewed by Accepted by tfaf Xi PERSON TRANSFER,Complete Sections 2,3,4,5,9,14,15 Current file flagged by /1(1 ❑ LOCATION TRANSFER Complete Sections 2,3 4 5 10 14,15 Copies made for posting by 1 o NEW AGENT FOR CORP OR CLUB Complete Sections 2 3 4 5 11,14 15 Copies mailed for posting by tp t71 Date.V-ram ❑PROBATENVILL ASSIGNMENT Complete Sections 2 3 4 5 12 14,15(fee not required) Copies for background by V/1 Date. " Z ❑GOVERNMENT LICENSE Complete Sections 2 3 4 5 13 14 15 Comments SECTION 2 TYPE OF OWNERSHIP• ,,,,t REF DATA In INDIVIDUAL Complete Section 7 0 CLUB Complete Section 8 - CLAIM• T R • T R DATE CODE AMT ❑PARTNERSHIP Complete Section 7 0 GOVERNMENT ❑CORPORATION Complete Section 8 0 OTHER explain SECTION 3 APPLICANT (All applicants must complete this Section)) /��'j��j� �/.J� /� 1 APPLICANT'S OR AGENT'S NAME- c-Y- eV--u-t - i i s v.fL vi (Insert one name only-to appear on License) / a t Name First Name Middle 2 CORPORATION OR PARTNERSHIP NAME . Enter exact name as it appears on Articles of Inc or Partnership Agreement /T / .{/.1 /1 TL 3 BUSINESS NAMEJANIS sr • V Ma It f ' Enter ex name as it appears on the exterior of premisesr 4. BUSINESS ADDRESS. d .2- T ��o - AQ a-c u e 7T 1 / [nf^���yyy��w- ��/'/////n//////JJJ 'I''DDo not use P 0 Box Number /N ��1 pr 5. CITV•li ,L.�, sJ� ,/[� ////JJ�(J/J COUNTY R/,Y/ �/ -7 ZIP CODE/I Cf� 6. MAILIIN ADDRESS• /42//�/V v• L 1•5.1 /mil CITY. /y1IL k J ItSTATE.I 9 ZIP CODE. '' 7 IS THE BUSINESS LOCATED WITHIN THE INCORPORATED LIMITS OF THE ABOVE CITY OR TOWN ,'YES 0 NO SECTION 4 INDICATE LICENSE SERIES Check only one,use separate form for each license �k NEW LICENSE FEES Total Due if Filed' Total Due if Filed Person to Person Location SERIES Nov 1 May 15 i May 16 Oct 31 Transfer Fee Annual Renewal Transfer Fee I ❑1 DISTILLERS LICENSE(IN STATE) 1,900.00 I 1 725.00 550.00 350.00 150.00 ❑2 BREWERS LICENSE(IN STATE) 1,900.00 I 1 725.00 550.00 350.00 150.00 ❑3 VINTNERS LICENSE(IN STATE) 1 700.00 I 1 625.00 350.00 150.00 150.00 ❑4 WHOLESALER,ALL LIQUORS 1,800.00 1,675.00 550.00 250.00 150.00 ❑5 WHOLESALER,WINE AND BEER 1,650.00 1600.00 250.00 100.00 150.00 ❑6 ON-SALE RETAILER ALL LIQUORS 1 700.00 I 1,650.00 350.00 150.00 150.00 ❑7 ON-SALE RETAILER WINE AND BEER 425.00 38750 200.00 75.00 150.00 ❑8 ON-SALE RETAILER,BEER 275.00 I 262.50 100.00 25.00 150.00 ❑9 OFF SALE RETAILER ALL LIQUORS 1 100.00 1050.00 150.00 50.00 150.00 64 10, OFF SALE RETAILER WINE AND BEER 400.00 375.00 150.00 50.00 150.00 0 11 OFF SALE RETAILER,BEER 275.00 I 26250 100.00 25.00 150.00 ' ❑12 RAILROAD TRAIN LICENSE 1 775.00 1662.50 500.00 225.00 150.00 ❑13 AIRLINE LICENSE 1 775.00 I 1 662 50 500.00 225.00 150.00 0 14 PRIVATE CLUB LICENSE 1 200.00 ( 1 125.00 • 150.00 150.00 0 15 HOTEL/MOTEL LICENSE Complete Section 6 2,050.00 1,800.00 500.00 ❑16 RESTAURANT LICENSE Complete Section 6 2,050.00 I 1 800.00 • 500.00 • ❑17G GOVERNMENT LICENSE 250.00 I 200.00 100.00 • ❑171 DISTILLERS LICENSE(OUT-OF-STATE) 300.00 1 275.00 150.00 50.00 150.00 ❑ 18 BREWERS LICENSE(OUT OF STATE) 300.00 275.00 150.00 50.00 150.00 ❑19 VINTNERS LICENSE(OUT OF STATE) 300.00 I 275.00 150.00 50.00 150.00 0 20 IMPORTER,EXPORTER OR RECTIFIER 300.00 l 275.00 150.00 50.00 150.00 •Not Permitted /^ 0814 SECTION 5. OUESTIONS FOR ALL APPLICANTS s 1 Do local zoning laws permit the sale of alcoholic beverages at the location you seek to hear.5'YES ONO 2 Distance to the nearest church .— Name/address of church: C)/h ✓ a 1.') _ 3 Distance to the nearest school .$12/t w Name/address of school. O'V I" t 0" S /Q ha 4 Are you the ❑OWNER,%LESSEE, OSUBLESSEE, ❑PURLAA,SER of the premises (� 5. If the premises is leased,( give name and address of lessor AV/ C1 d P�7 D/- 1 4-11.V 23O1 fo. �Q QZ A�A. c, NarL+a A Statez Address [ / Zip 6. What date was lease/sublease signed. T1 /�'/ Term of lease is. /t J years 7 Does the lease include provision to retransfer the II or license back to the lessor at termination.OYES ,, 4O 8. Has a license or transfer of license for the premises represented herein been denied by the State within the past sixty months OYES k io If yes,attach an explanation ./�..�+s �js 9 Who will manage this business. 9 a. 7 rQ U-e c, ; 'V 4 r-I€4 ' ast Name First Name Middle Each manager,other than ownerls) must complete Form 134,120A,and submit an 'applicant fingerprint card 10 Does any alcoholic beverage manufacturer wholesaler or employee thereof have any interest in your business OYES 14NO 11 Is the premises licensed with a license other than the one for which you are applying OYES .NO If so give license No: / / / / / / / licensee•(exactly as it appears on License) Last Name First Name Middle 12 What is your Arizona State Sales Tax(Privilege)License No 40/9/. td fo r 13 Do you understand that a portion of the fees such as Application Fee($50.00)and Interim Permit Fee(if applicable)is not refundable%YES ONO SECTION 6 FOR SERIES 15 OR 16 APPLICANTS. 1 Is there a valid Series 15 or 16 license currently issued at the proposed location OYES ❑NO If so enter licensee's name exactly as It appears on liter License No. / / / / / / Last Name First Name Middle NOTE If the answer to question 1 above'is "yes' you may qualify for an Interim Permit to operate while your application Is pending, consult Section 4 203.01 A.R S., complete a Form 176 attach appropriate fee attach the current license and submit with this application 2. What percentage of your gross sales represents the purchase of 'meals' 3 How much of your floor space is designed for restaurant dining(sq ft)• Seating capacity for dining purposes 4 Have you attached a copy of your menu that includes prices OYES ONO (If not explain) SECTION 7 INDIVIDUAL OR PARTNERSHIP OWNERS. 1 Answer the following questions Of applicants are married answer each question for both husband and wife) Percentage Owned Last Name First Name Middle by each person Residence Address City State Z � r$ve_, ThGALt . jaa is//,,(lo. //.s7`�/.s 4relA A nt)scant( here and in se ion 31 i./6-7 a� Partner(or Spouse) Partner Partner Attach additional sheet if necessary EACH PERSON LISTED MUST COMPLETE FORM 120A AND AN APPLICANT' TYPE FINGERPRINT CARD 2 Is each person listed above a bona fide resident of Arizona BYES ONO 3 Is any person other than the above going to share in the profits/losses of the business OYES . NO SECTION 8 CORPORATION OR CLUB APPLICANTS 1 Name of corporation or club (Enter exactly as it appears on Articles of Inc or Club Charter) 2. Date incorporated or chartered State where incorporated _ 3 Arizona Corporation Commission File No. Date authorized to do business in Arizona. 4. Is corporation or club nonprofit•OYES ONO If so,give I R.S tax exempt No 5. If a club refer to Section 4 101.4,A.R.S. and enter the subparagraph under which you are applying 6. List officers and directors fV Last Name First Name Middle Title Residence Address City State W 1 S Attach additional sheet if necessary 7 List stockholders owning 10%or more EACH PERSON LISTED MUST COMPLETE FORM 120A AND SUBMIT AN APPLICANT' TYPE FINGERPRINT CARD Last Name First Name Middle Percentage owned Residence Address City/Stata• If this corp is owned by another corp. attach en ownership officer/director disclosure for the parent corporation Attach additional sheets as necessar: SECTION 9 PERSON T ON TRANS UESTIONS TO BE COMPLETED BY CURRENT� L .SEE• /! 614'. 1 Current licensee lanes aQ/Ker '1 . Entity Exactly as it appears on license st Name First Name Middle Et etc 2 Corporate name• /'1- Y S ( dJ S� 1 ? . ,s/If eu/Trent li en i t ,he name o a corporagon enter exactly aL it appears on license 3 Current business name UN 1 t<!I H 1"- - ,Exactly Exactly as it appear)on -ense 4 Current business address, l]{/Jet, e 7' 'Q 7 / LPS C h-el•nif ,A Q'1J County ./ ✓j / 7 Exactly ass iit appe son tense /17/( City: � G [� . -s ZIP CODE �� 5. License Series. /0 License Number / /0/S////!0/S/f/Date of last renewal. / /3717 6. Have you complied with the Uniform Commercial Code concerning bulk sale transfers ($YES ONO If not attach afi explanation 7 Have all creditors,lien holders interest holders,etc been notified of this transfer.B�t-wYE�S ONO KI♦8. Does the applicant intend to operate the business while this application is pending ES ONO If so complete Form 176 attach appropriate fee attach current license and submit with this application(for Series 6,.7,8 9 10 11 12 or 13 only) 9 To be completed by the CURRENT LICENSEE I HEREBY RELINQUISH MY RIGHTS TO THE ABOVE DESCRIBED LICENSE TO THE APPLICANT NAMED HEREIN AND HEREBY DEPOSE AND SAY THAT THE STATEMENTS MADE IN-THIS SECTION ARE TRUE,CORRECT ND COM,LETE STATE OF �� natur current licensee Date signed COUNTY OF !//�%t�JL�.Vi SUBSCRIBED AND SWORN TO iefore me this 2 I 19 fdavof N't I l..t Si attire of NOTARY PUBLIC • My Commission expires on. SECTION 10 LOCATION TO LOCATION TRANSFER 0 TIONS•IDoes not apply to Series 15 16 or 17G) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS FINALLY APPROVED BY THE STATE 1 Current business address: County. Exactly as it appears on license City ZIP Code. 2 Current business name. Exactly as it appears on license 3 New business address County Also enter in Section 3 Do not use P O Box Number City ZIP Code 4 New business name. Also enter in Section 3 / s 5. License Series. License Number / / / [ / / / Date of last renewal 6. What date do you plan to move. Date of planned opening. tv SECTION 11 APPOINTMENT OF NEW AGENT FOR CORPORATION OR CLUB LICENSE• la 1 Current Agent's name• V _ Exactly as it appears on license Last Name First Name —p Middle 2 New Agents name. '-.�. Also enter in Section 3 Last Name First Name two Middle 3 License Series. License number / / / / / / / Date of last renewal 4 Does this transaction involve the sale of any portion of the corporate stock OYES ONO If so Complete Section 8 5. To be completed by a CORPORATE OFFICER• I HEREBY CONSENT TO THE AGENT APPOINTMENT Printed Name of Corporate Officer NAMED HEREIN AND AGREE TO IMMEDIATELY ASSIGN A NEW AGENT IN THE EVENT OF THE DEATH RESIGNATION OR DISCHARGE OF THIS AGENT I ALSO UNDERSTAND THAT IF THE BACKGROUND REPORT SHOWS THAT I THE CORPORATION OR ANY OFFICER DIRECTOR OR STOCKHOLDER HAVE BEEN CONVICTED OF A FELONY IN THE PAST FIVE YEARS OR A LIQUOR VIOLATION IN THE PAST YEAR I WILL IMMEDIATELY SURRENDER THE LICENSE TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AND HEREBY WAIVE ALL RIGHTS TO APPEAL SUCH ACTION STATE OF Signature of corporate/club officer COUNTY OF SUBSCRIBED AND SWORN TO before me this day of ,19_ My Commission expires on. Signature of NOTARY PUBLIC SECTION 12 PROBATE OR WILL ASSIGNMENT OF AN EXISTING LICENSE(Does not apply to corporations). 1 Current licensee's name: (Exactly as it appears on license) Last Name First Name Middle 2 Assignee's name: (Also enter in Section 3) Last Name First Name Middle 3 License Series License number / / / / / / / Date of last renewal. 4 Attach a certified copy of the will or probate distribution instrument that specifically distributes the liquor license to the assignee SECTION 13 GOVERNMENT LICENSE Ifor cities,towns,or counties only) 1 Person to administer this license (Also enter in Section 3) Last Name First Name Middle 2 Applicant. Attach respective governing body s authorization Name of City Town or County 3 Have you answered ALL questions in Section 3 including the location to be licensed OYES ONO 4 Do you understand that you can only serve alcoholic beverages for consumption on the licensed premises OYES ONO 5. Will a concessionaire be using this license OYES ONO If so attach the agreement and appropriate authorizations required by Section 4-205.03 A.R.S 6 Do you understand a separate license must he obtained for each premises from which alcoholic beverages are to be served 0 YES 0 NO PIN SECTION 14 DIAGRAM OF PREMISES(Diagram must be on this form blueprints not accepted)• 1 SHOW ONLY THE AREA TO BE COVERED BY THIS LICENSE INCLUDE ALL ENTRANCES/EXITS DRIVE IN WINDOWS,SERVICE WINDOI LIQUOR STORAGE AREAS,AND DIMENSIONS OR SQUARE FOOTAGE FIGURES.DO NOT INCLUDE PARKING LOTS LIVING QUARTERS E SERIES 15 AND SERIES 16 APPLICANTS MUST EXPLICITLY DEPICT KITCHEN EQUIPMENT AND DINING FACILITIES. ivy K-, 3-77r e ati�h ✓ e o o gD I"S J STrL Q D O h e Etl� "(1� -o rrf 2 Do you agree to notify the Dep tment of any changes of boundaries entrances,exits,or service windows prior to modiflcati YES ONO 3 The a dia am 1 is the only where alcoholic bev ages are to be sold,served,consumed,dispensed possessed or stored CD Sign of applicant/ages SECTION 15 SIGNATURE BLOCK TO BE COMPLETED BY ALL APPLICANTS: STATE OF ARIZONA ) ss COUNTY OF h n a' y,t 'v� BEING FIRST DULY SWORN UPON 0, P rated Na e I Applicant (or Agent if Corp or Club) HEREBY DEPOSE, SWEAR, AN DECLARE UNDER PENALTY OF PERJURY THAT (1) I AM THE APPLICANT, (OR AGEN' APPLICANT IS A CORPORATION/CLUB), MAKING THE FOREGOING APPLICATION,(2) THAT SAID APPLICATION HAS BEEN READ THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THEREIN ARE TRUE, CORRECT, AND COMPLETE, (3) TN THIS APPLICATION IS NOT BEING MADE TO DEFRAUD OR INJURE ANY CREDITOR TAXING AUTHORITY REGULATO -AUTHORITY, OR TRANSFEROR (4) THAT NO OTHER PERSON FIRM OR CORPORATION EXCEPT AS INDICATED HEREIN, HAS INTEREST IN THE SPIRITUOUS LIQUOR LICENSE FOj-WHJCH THESE STATEMENT ARE MADE (5) AND THAT NONE OF OWNERS PARTNERS OFFICERS DIRECTORS OR pTCCKHOLbr S LISTED HEREIN VE BEEN CONVICTED OF A FELONY IN PAST FIVE YEARS OR A LIQUOR VIOLATION IN THF,-FAST Y I:1 / / �Signature SUBSCRIBED IN MY PRESENCE AND SWORN TO bel m'this ifl -day of Q.�• ? \t4_ 1g6 At • 'J UJ.1,i Sigrpatdre of •TARY PUBLIC My Commission expires on i 8, 1 6E t l WV d30 l ,, h ' FORM 120A —D L.L C USE ONLY— STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL n r aT 1645 WEST JEFFERSON,SUITE 227 PHOENIX,AZ 85007 A9 7 4 391 '81 ! 602/255 5141 QUESTIONNAIRE TO BE COMPLETED BY EACH OWNER PARTNER, STOCKHOLDER (10% OR MORE), AND MANAGER ALSO, EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT ANY BONA FIDE LAW ENFORCEMENT AGENCY READ CAREFULLY,THIS INSTRUMENT IS A�SWORN DOCUMENT v,C Jo �r', Q I�r �f L� 1 Name. 'T �� /s�`/�{'/ Date of birth S/e"y 37 last Tyn y�•r First Middle �f Mont day year 2 Business Name O In J 7 ' "'t\/ �a'Y� Place of birth. f%rf�fQ/s�f�IsO.. -7 (As it appears i Section 3 of Form 120) N // Cry Qom- State 3 Business address u s�u S /V%. /5061 C 4 �Gli/ ¢GI--e C( . rr Rn eti O J gaZ (Do not use P 0 Box number) / / c 10 County Zip Code 4 Drivers license No C tr 77// v eight. S / Weight. v `:173' Eye color.13 / Hair color.01 r--, e State / nn 5 Name of spouse ��� / Q. �. `�d st _�+ .J/e�¢�� / Date of birth 7/// / First Middle Maiden 6 Of what state are you a bona fide resident A 7-- r If Arizona date of residency. ) 2 .2.---- 7 Indicate your employment or business engaged in during the past five years If unemployed part of the time so state Time Describe Position Employer's Name or Name of Business Employed or Business (Give Street Address(City Stateta and Zip Code) A DATES Onr A1! J r Brie U yl?p's-'Present Position or busjnes engaged '' / `4f,/t e -i , kvo 2- in 1/1,7L .II ,4 y sraio 1*-SIP/ n r",- J' Ye 4e-e H, F- / B DATES Poimmediately held or businessig engagede(A) in A I./IA S /l /O e / t immediately preceding above in �" e II/� / /../ / C //DATES [ S'�CC./'� VGYtl �Q��Q�r///.1- e/SV +h/� Position held or business engaged in r9/�/�'6 9q��!J 0 PO .<Y /pi a immediately preceding above(B) Q J a e 7 Attach additional sheet of necessary 8 Indicate where you have resided for the last five years FROM TO RESIDENCE Month Year Month Year Street City State Zip Code '/0` ///79 .2/0°t. tin-t�u,�j AI/a,eke ` AZ'' 7, o� eo ,///29 /�",S�'►0, /e//Mlle •S It .v ' Attach additional sheet if necessary t/� 9 How many hours per day will you personally spend managing the business related hereto ^2~ /4�is��VV/ I peso 10 Give Telephone Numbers for /O _ 7�/, 9Oa y -3 v CY��... Business Residence 11 Have you ever been detained,cited arrested,indicted or summoned into court for violations of any law or ordinance,including traffic violations and liquor violations OYES A610 12. Have you ever posted bond,been ordered to deposit bail been fined imprisoned had sentence suspended or placed on probation for violation of any law or ordinance OYES rrr❑1 13 Have you ever had a business professional or liquor license rejected denied revoked suspended or fined in this or any other state OYES ,,,�yyy,,,,:���w ar, 14 Have you ever had an application for any business professional or liquor license rejected or denied OYES /I�rvOv 15 Has anyone ever tiled suit or obtained a judgment against you in any civil action the subject of which involved fraud or /���_/// misrepresentation of a liquor related matter OYES,0 • 16 If any answer to Questions 9 through 15 is YES',attach a signed statement giving complete details 17 Are you familiar with Arizona State Liquor Laws and Regulations rr, '4ES C 18 Do you agree to keep your Arizona State Sales)Privilege)Tax Account and your city permit fees(if applicable)current �gbYES L 19 Do you agree to notify the Department of Liquor of any proposed change of business name prior to making any such changes ,NES C 20 Do you agree to post the permit or license,if issued in a conspicious place on the premises and within view of the general public' 21 Do you agree to purchase all liquor wine and beer supplies only from licensed Arizona wholesalers C RES C 22 Do you agree to keep all records,invoices,and other documents relating to the purchase sale or delivery of alcoholic beverages for a period of two years and to have them easily accessible for examination ,'G ES C 23 Do you consent,for the duration of the permit or license if issued to the entrance inspection,and search by any law enforcement official,without a warrant or other process of your licensed premises to determine whether you are complying with the provisions of the State Liquor Laws Regulations and Board Directives ACES C 24 Do you consent to an Investigation of your background including all records of every kind and description including police records and to waive any rights or causes of action that you may have against the Arizona Department of Liquor Licenses and Control and '�,u any other individual or agency disclosing or releasing said information to the Department of Liquor Licenses and Control "ES C 25 If any answer to Questions 17 through 24 is 'NO attach a signed statement giving the reasons for such answers. FALSE OR INCOMPLETE ANSWERS COULD RESULT IN CRIMINAL PROSECUTION AND THE DENIAL, OR SUBSEQUENT REVOCATION, OF A LICENSE OR PERMIT STATE OF �1 I ss COUNTY OF 4 2 ri C ,BEING FIRST DULY SWORN UPON OATH HER= Printed name of applicant DEPOSE SWEAR,AND DECLARE UNDER PENALTY OF PERJURY THAT I AM THE APPLICANT MAKING THE FOREGOING QUESTIONNA.= AND THAT SAID QUESTIONNAIRE HAS BEEN READ AND THAT THE CONTENTS THEREOF AND ALL STATEMENTS CONTAINED THERE ARE TRUE,CORRECT,AND COMPLETE 'de 4 SUBSCRIBED IN MY PRESENCE AND SWORN Ta before th / day of . r 19 .`y Signa 'e of NOTA Y PUBLIC My Commission expires on --�� a lit 1_ a, :.,JI 9 adV, ITEM NO , 9 u(( BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 10 LIQUOR LICENSE FOR JOHN 'S JIFFY MART TO JOHN GARGRAVE, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSE AND CONTROL /,� Q-�'''L-4_,C'n V( n .La LA a Ct-C_n) Ff1P APPP(1VAI _. ITEM NO , 9 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 10 LIQUOR LICENSE FOR JOHN 'S JEFFY MART TO JOHN GARGRAVE, BE AND HEREBY IS, RECOMMENDED FOR DENIAL TO THE STATE DEPARTMENT OF LIQUOR LICENSE AND CONTROL, F(1R DFNTAI ( ap..CH-E 0 ,,;, 1,i,,,,,i„, 0 \\.......... 4PIZUN11.' Vity o &479uc/ie cOunction April 29, 1981 MEMORANDUM TO• THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER FROM: JOE GERO, DIRECTOR OF PLANNING SUBJECT: AGENDA ITEM PLACEMENT REQUEST: PZ-3-81 (PROPOSED ORDINANCE NO. 89) BACKGROUND: Applicant: Harvey and Dorothy Morrision Property Location: Northwest corner of the intersection of W. Roundup Street and N. Saguaro Drive Size of Property: .90 acres Current Zoning: General Rural (GR) Proposed Zoning: Trailer Homesite (TH) Advertised: March 29, 1981 The subject site currently contains one mobile home dwelling unit. The applicant intends to split the parcel if the rezoning is granted. STAFF COMMENTS: The Development Coordinating Committee Report and the comments from the Public Works Department are attached. ALTERNATIVES: The Council may exercise one of the following alternatives in this case: 1. Grant approval . 2. Deny the request. 3. Recommend that the applicant amend his appl i caaim vtofclAo --•............._ Development. Date Item 4. Other. FirstRen_.' ng 1 �`gl ___ l0 Second Ro.-dr,ng RECOMMENDATIONS: NA-.!.: t- - •, g The public hearing by the Planning and Zoning Commission on (i?iliVcase was held on April 23, 1981. The Commission voted unanimously (5-0))46''>`e ommtnd approval 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 IAInk April 29, 1981 PZ-3-81 Page 2 of Proposed Ordinance No. 89. The reasons adopted by the Commission to support this recommendation are: 1. The subject property is small and the requested rezoning is compatible with the existing neighborhood land uses and develop- ment patterns. 2. Housing trends and choice in this neighborhood have been towards mobile homes on smaller lots. 3. Approval of the rezoning request will not constitute "spot zoning" because of the existing zoning and nature of the neighborhood. It is further recommended, upon a request by the applicant, that only the first reading of the proposed ordinance be done at the May 6, 1981 Council session and that the Public Hearing and the second reading of the proposed ordinance be done at the May 20, 1981 Council meeting. JWG/kmc RECOMMENDED MOTION ORDINANCE NO 89 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-3-81 , APPLICATION OF HARVEY AND DOROTHY MORRISON ALSO KNOWN AS ORDINANCE NO 89 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-3-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH); REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED. BE IT FURTHER RESOLVED THAT THE REASONS FOR APPROVAL OF THIS MOTION ARE OPTIONAL CHOICES a. Those reasons as set forth by the Planning and Zoning Commission which are hereby adopted by reference b (Council may wish to use only some of the Commission reasons If this is the case, you will have to read those specific reasons ) c. (Council may wish to use all new reasons or other reasons in addition to the above If this is the case, you will have to read them and you are requested to write them out for the City Clerk ) Amok ORDINANCE NO 89 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-3-81 FROM GENERAL RURAL (GR) TO TRAILER HOMESITE (TH), REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Apache Junction, Arizona, Zoning Map for the parcel of land described as. East 1/2 of the East 1/2 of the South 1/2 of the South- west 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 18, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, be and hereby is amended by changing the zoning district classification from General Rural (GR) to Trailer Homesite (TH) 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 `l SECTION III. PROVIDING FOR SEVERABILITY 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 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 Mayor ATTEST City Clerk APPROVED AS TO FORM 3-1-) A- orney PZ - 3 - 8I MORRISON PROPOSED ORD/A/gNCE Alp 89) 10 I I. GR llI GR. V✓ SH/PRocX 5TREE% Q I W NT H Z opt A GR Z SvBSEcT CZ GR /,i '� ( PRopERT�' / s REouEsrED 3 RE2oN•.uG /// Gcn/eRAL RuQAG CG.e) 1 /3 Z to TRA.LC=•2 I W. ROUND UP STREET- Horne's/rt CrI) Lb, 612 "' 14 33' G,e LOCATEa /.v. S Ear 7o•v /e NoRTN Tin/ R 8 E fiSR8E"? a 'DO yov goo APAeye S vet,C770.✓ I••_ zoo' AR/Z D•vA , LEGAL. • £%Z• E7 5%z SkI '4 NE%y sE%y SEC77 ' /8. Ti.v R 8 E, G ! .fRe PM AKA. /8 3 y W ROUNDUP ST2EJ7 PQ p,CHF ... 10C\ �u1 7 . � C� i h�p.^t ::: C:4' Z gPIZOIAI C6ity o (94pache 09unctian March 30, 1981 MEMORANDUM TO: PLANNING & ZONING COMMISSION FRUM: -.YAP DIRECTOR OF PLANNING SUBJECT: DCC REPORT PZ-3-81 (MORRISON) BACKGROUND The applicant requests rezoning from General Rural (GR) to Trailer Homesite (TH) . The property to the east is zoned and developed as Trailer Homesite. The mobile home park is fenced and used to the (_ center of the right-of-way on N. Saguaro Drive, north of W.Roundup st. . pt Applicant's parcel has a net area of 39,240 square feet. Approval of the rezoning would allow the property to contain 4,9 units with frontage for 4.95 units, subject to site plan approval . Within 300' feet (the "affected area") there are nine parcels with one zoned TH, therefore, the application effective number is eight. Applicant has signature of 6 or 8 or 75% by number and they represent about 70% of the area. o4- The Department of Public Safety, including the Fire Department, have no objection to the rezoning. The Department of Public Works has no objections, however, a memorandum from the Department is attached for information only. IMPLICATIONS Such rezonings, if approved, allow one (1) mobile home per each 8,000 c square feet of lot area having sixty feet of frontage. REMINDER/INFORMATION Please include Commission reasons with your motion. 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 p March 30, 1981 PZ-3-81 (Morrison) Page 2 Should you conclude a recommendationlat the applicant's request, this item will be held for public hearing by the City Council on May 20, 1981 Advertisement Date: March 29, 1981 JWG/jjl C sACHF ✓ 4 UZ tip`: gRiZONP (Oily o &4pache cOatnction March 26, 1981 TO: Planning Department (;)„,S) FROM: Director of Public Works 1 K RE: PZ - 3-81 Because the adjacent areas are already developed with more than one mobile on 14 acres , this department has Cno objection to this application. At the time when application for a neLmit is submitted, the owner shall indicate on the plot plan where the unit and utilities will be located. Also, documentation shall be required for to provide for private roadway and the applicant shall enter into the improvement district agreement. The present trailer park to the east has developed upon half of a 33 ' easement , and development to the north has set the condition so as not to warrant a future street extension. With these conditions in mind, this department has no intentions of constructing a public roadway in this loca- tion and will not maintain a private roadway or drive. RWB. sw • cc: Leo Frazier Jr. Dick Bryant 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 (7 - -- APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES FOR APACHE JUNCTION, ARIZONA Cash Receipt No. Ar7CG Amount ice CO Datea3 2/ Case No. 1)2-5- k/ TO kPr1CHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an amendment to the zoning regulations, or approval of a Special Permit as follows (list the present zoning classification & then the proposed classi- fication, using separate parcel numbers if more than one change of zoning is proposed) : Parcel 1 From: J,/', To. / /74, - Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application is as follows (if more space is needed, attach separate sheet) . 4- E Si 5.Mil N S E L 7 S• IF /7 e r/NA k e , �R/Z aiyg The size (to nearest tenth of an acre) & general location of the subject property is as follows (give direction & distance from nearest mapped street) - / /11. ON PovN IVf j/. ,5r I '3`j (Please answer the following questions in the space provided or submit a separate signed statement if additional space is needed ) 1. Why is the property in question not reasonable suited for uses permitted under present zoning districting? /f/e /-y A //C01 1ESTR <Ter Ta CNI/ /No.4,/L 1-/ E e. 2 Are there any known changes in land use, street arrangement, or other physical conditions that have altered the character of your property, or adjoining property, since the present zoning was adopted' Please explain "Yes" answer 7;/Eilei t-siC/C vs ISOlvieirtdcCRof,r!lir EAsMEN IS1AIlt:R CCoVRT 3 If your requested change is to provide additional comrrercial or industrial zoning, is there a demonstrable need for this zoning in order to serve the community or neighborhood, as the case may be' Explain.11/F /_'N4n/9E Vf/ iiN i.1/c+2 Td AddO)O/S IJ110h/IJ{iM/= 6 Page 1 of 2 pages c 4. Other reasons for the subject request. Describe existing & proposed future use of subject property, buildings and structures- /fricid Heivn: • Aleai A.LAiu ah (/)e-.4 Moej FoR-Cti /21eMbeR vF AMr y ATA fP7' l i Tc. - -- ( Attach any supporting information, statements or plans* to this application & submit same in person to Apache Junction Planning & Zoning Commission Department, Apache Junction, Arizona. (Note. The land owner (s) must sign below or else the applicant must submit a letter signed by the owner authorizing him to apply for this change of zoning) . NA,ei/EyJ DogArlly f v eizisiu 113,1 l4'At,nrdvio 3T Aping EXT, y2-5333 (Nam of applicantor representative) Addres ) (Phone) SS M G (Name of land owner) (Address) (Phone) SAME (Name & Address of person to whom petition & notices should be mailed rn D1.41,4.l+^-' (Signature of applicant) (Date) *Note Plans are required when application is filed for following. Special Use Permits under Section 2302, Area & Neighborhood _ __.. _ Plans, Article 32; Industrial CI-2, Article 18, Trailer Courts, Article 20, Section 2001-c i DO NOT FILL OUT FOLLOWING (for office records only) _ LEGAL PUBLICATION Date filed Applicant Zoning Case Census Division & Tract No Application received by Remarks Page 2 of 2 pages PON PETITION FOR HEARING TO REZONE CAs provided for in the Apache Junction Zoning Ordinance, Section 2803 INITIATION OF ZONING ORDI"ANCE AME.'DMENT - BY PETITION AND CONSENT. Any person may initiate a zoning ordinance amendment changing the zonirg district boundaries within an area previously zoned by filing with the City Clerk the proposed amendment, a petition in favor of such change, and also the written consents of at least 51% of the owners, by number and by area, of all other properties any part of which is within 300 feet of the proposed change. If the petition is for a change of classification, there shall not be counted, either in numbers or area, the owners of the land of the same or less restrictive zoning classification as sought by the petitioners Unless the proposed change is an extension of an existing zoning district, the extent and boundaries of the area proposed to be changed shall be such as to constitute a zoning district. In the event that the area of the proposed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing. No petition shall be received for amendment reclassifying property if a petition which included the property has been denied by the City Council within the previous 6 months. , being the (owner or having power of attorney fhr the owner or owners) hereby indicate (my) (their) intent rezone the property described below from zy, (�` ; to LOCATIOi3: a/3Y " r � S�1-� .S �1/� r� � tit +S�4 `��_GtG1�-- LEGAL. �G2' c. GS ES 4-/�'�•, 1-3/(Al- CouNTr ,32/t6A/4 te) TiN, r� , , , SOME USES PERMITTED IN PROPOSED ZONING DISTRICT: We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE: Please use Lot ( No , Bloc, No. , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL jr (.0 'If/ f/.c�,.,r.7 7C/ /���' 3 G 14J - / 930 7/ .Jf f- a 7-a'/ At !' 71.'1 Ctnt /•'7f lv /rtz4- / -�z- i - - k i - . ;,LL �';�.�, �,,,e� / 2 3) 74 (2 1s4 l /iN • We, the undersigned owners of property surrounding that legally described property wherein the zone change is being requested, hereby certify that we do not object to the proposal. (NOTE. Please use Lot No. , Block No. , or Symbol as indicated on attached map.) DATE SIGNATURE LOT BLOCK SYMBOL 1-30-81 f 3O C_ f • (202) SIGNATURE" OF PERSON CIRCULATING PETITION AFFIDAVIT STATE OF ARIZONA ss COUNTY OF PINAL On this ,? day of �_��s ,19F/ , personally appeared before me fid/L. Lie? /4'0,4/2/se e� , who upon oath deposes and says that he is the person wlio circulated the foregoing petitJon and that to the best of his knowledge and belief the signatures contaired therein are those of real property owners within 300 feet from the exterior boundaries of the legally described property wherein the change of districts is beign requested r — .. . . . - _ , . TTROV"VOR S CF:RPT7-71./AFIlE- _. .4 0-.1 a..1 r-• L.I,._ ..., • A . . . • ! r• 1 , I • P ! 1 • . . zdo 4•' (r. •' • • I - - 1 - I P ' , •i I• . . . I . ) ' 4•/..1,.., . ): ii.;,..t."-c-k-----"-- •'-' 1 1, 1 A " • ....z..) - ... .. ..... .. -; e ..11:7) II (....e. I . , 1 I •.,, 0; - "1 • ' ' 0 ' . , ' it)/ \ 04 A . ., . ."$I • . . PI I. \ 1 • ,- ''t.',-_ . . s ..... , 1 I 3 „. 7,(1.4.1,...,/,... „. ....A. -...- : . . • 't - .'''' or - . , , ...) ' I, -•z.--, 1 r- i ji.,...)-7 • , ON . 11 - . . .,.... , . .,.. ,V i ' • • 13. c: ' A I •1 , 1 .. :": I I e,, g v I !! I /e.r.ts , /el/..r. ,,es- _ _____2 •Jez,--4L__ _ , ,.,:f li .— _____ cco.co • .1.1 .. '''.. ' .' ',.)''il ,,:! ____._____.------. . -7.. ,,.. t' PA0C 1 "A" , Taz Pa- OF Sg. OF SW.41 or IlEi. or SE.11 OF. SECTION A r'...T111,118E,.,0.T.R.B 4 141 ,. :l.PrnAz...... • CouN ,_ I AnzzortA. •, 4, ------•----. .---t---- --------='. '\:. it,1 Pti FeC,vi,'ukil 'firic Ell' 0? !I./Z' or-SZ• or S,r/..1- op- A/AV' or SEi• or Svcrf 01' i i // '.-1,a--'.: . —.... —_-1.8, T111,..g2S, 0.S.R.B d: VI., FINAL • COUNTY, ARIZ. ' .1 ...,I . - --,: . , •., • i i PARCEL "C" - THE W' or E-'2. OF S".1 or SW-61 or P&L or SE:1. or SEcrrorr ii • 18, T1N,Iii8E, 0.S.R.B 4 Pl., FINAL " COUNTY, Anr . .... .-.-.. I 1 PAROVI, "D" THE 13.+ or S or SW!- or Ni- E P:i. or g ;11 or SECTTOH 18, ti. •'• ......:1 TIP, .4., 0.S.R.5 f P.I., FINAL, COUNTY, ARIzONA. s......."' 1 .i .... .... c..... ' t '04 4 ."-it.i.z.,), a.,..,../L-et.,,,,-Ai, • ----- ...-<• cz:....., 1 , .,' .. • ( .. e.(.0 2. 7 a,- ev-,—-,....- ? fs-2-0 „ - -6--- ..-r-?--. .- " ,,: . - ' • t --..\,.\ % Sel Cr"..-- 4. 1 I • I' \ c 7-- .f,. A A-t. 0 ff A/ 7—,-;o l , .. -.. c • „s—• ..,, . ;1 • k. . ..1 1 .. : ; •—i;3 0 /V t ?! 5-7- . - . 4.. aji ‘ ' '• , /14 15 >-A pl ,e, /;',6'._7-..Ja 6— • ,.•.. I -.. ..., I III 14111Y (I It1111 lit It I 11.1‘q mil\eyi il ill. prop.rtv s CI.:Ai. i .---------. , . 'i ill I elii 410h1.111)1 II, IWO 'Ilia 1111 bililthlirh il'i.111)Wil ate entirely within Ilit property tines •ind that there art no ixisting en ...,-- • . t ro ithroctits upon Olt !dials and propta I.) tlesalbcd unless .7% Y.1 I1 1 II otht r%isi. snows above Subjtct to easements and restrictions ""*.t. 1 /-0--" fifo- I; - !i 0 of record (0) inclic•ites property nvirlter f , .co' .. 1! 1A" Db..c. V:, 1970 ,)e . ...'; I II I C ,1\CA,.. i" = 100° ()‘‘,. •, sifiv .,' 11 I ;I I , .. Joh., II, o‘1,t.,, . ..... ,, Registertal i and sarvt.lo. II i . NI sa, Arizona i II t. - 1 — . .._ \ -.. z,'• - ••• - • . ..,.. , • \ , - \ ' • - , "••'• 4 , '- . , I '' _ — ITEM NO , 10 � .� ( x '- BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 89, BE READ BY TITLE ONLY FOR THE FIRST READING AND THE THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full . ) CALL UPON THE CITY CLERK TO READ ORDINANCE NO , 89 BY TITLE ONLY FOR THE FIRST READING. (PUBLIC HEARING TO BE HELD ON 5/20/81 AT THE TIME OF THE SECOND READING) 0-P.CHF✓> — f , % qR/ZOA (Oily of ( 419ache 09unction April 14, 1981 TO: City Manager 1,' THRU- Director of Public Works Wes: �0 FROM: Building Official (;21RE: Plumbing Code Amendment Pursuant to Council direction, enclosed is the draft to ammend section 608c of the Uniform Plumbing Code, 1979 Edition, (air gaps . ) This ammendment will eliminate the requirement of an "air gap" provided certain conditions are met . In as much as the ammendment in it' s presented form will prevent the possibility of "back siphonage", I recommend approval . LF• ds eL1.42,2_ Ln.c..(24,-.0Lt 4kt, A., -A----: ,-.---L. P-6-6-1Lat- tr,_ „...0,[/,,,_J4, . (-) .2_,,, Approver for Agenda Date litfi First Reading 5—(Q` '/ __-_LL,,..,,. Second Reading . ._ >. 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 r ORDINANCE NO. AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 608 OF THE UNIFORM PLUMBING CODE, 1979 EDITION; BY ADD- ING SECTION 608 (c) (1), 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 Section 608 is amended as follows. (a) Appliances, devices, equipment or other apparatus not regularly classed as plumbing fixtures, which are equipped with pumps, drips or drainage outlets, may be drained by indirect waste pipes discharging into an approved type open receptor. (b) When the condensate waste from air conditioning coils dis- charges by direct connection, to a lavatory tailpiece or to an ( approved accessible inlet on a bathtub overflow, the connection L shall be located in the area controlled by the same person con- trolling the air conditioned space. (c) Except as provided in subsection (c) (1), no domestic dish- washing machine shall be directly connected to a drainage system or food waste disposer without the use of an approved dishwasher air-gap fitting on the discharge side of the dishwashing machine. Listed airgaps shall be installed with the flood level (FL) mark- ing at or above the flood level of the sink or drainboard, which- ever is higher. (1) Direct connection may be made providing the drain is looped up and securely fastened to the underside of the counter- top and provided the dishwasher is also equipped with a vacuum breaker on the inlet side of the water supply connection 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. OIS PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 1981. Virginia Seeman Mayor ATTEST. Marlis Davis City Clerk APPROVED AS TO FORM: City Attorney it /ly l/ •,iv) r/ / ( /,) j/(A'-ii /1 '----)99-i° ‹ . ,71 . ( )),'-1"<r( i // A.:- ri . . .r. , ,, ,,V, /Lj( ,,-- il / j il ,,,_,,,______"-- I}2-'_./ ' -7----- ::-." -- - ) , . , .: ..,, ) : 2 ��� %...1•11411P 4'/ ITEM/ NO, 11 09/m1-/"-- BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO . 99, BE READ BY TITLE ONLY FOR THE FIRST READING AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full . ) -1-4/132) , ..../1.7it-e4.-rui....-ev--6-6.4.-- CALL UPON THE CITY CLERK TO READ ORDINANCE NO . 99 BY TITLE ONLY FOR THE FIRST READING. NL G 1.t V i _ p sP hi' Z ,_; :17= '9431z00% COity 4 &4pache c2unction April 29, 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGER, FROM: ,V-UI)JOE GERO, DIRECTOR OF PLANNING SUBJECT: AGENDA ITEM PLACEMENT REQUEST - FORMATION OF A HOUSING COMMITTEE BACKGROUND: Housing problems are an important concern in any community. Identifying the problems faced by Apache Junction residents in securing decent housing is particularly timely since: (1) Progress in underway on the City Plan, a portion of which will be concerned with assessment of housing conditions in the community; and (2) One of the federal grant programs which will probably remain substantially intact and which President Reagan supports is the Community Development Block Grant Program. This program empha- sizes housing rehabilitation and neighborhood revitalization, especially for low-income persons. A citizen's Housing Committee, working with the City staff, tends to be the most appropriate format for addressing this situation. City staff is currently unable to perform, unassisted, all the various tasks that the Committee would be undertaking. Additionally, a committee of diverse background would provide insight into the needs and 4rl s fDf A,....,ja _ ..._ the residents. Dace Item # r•,., rz.• ) 5-4-gf _ 1a- • ALTERNATIVES: S.—cr,,,u ! .-a.' n7 -..:._ A Receive and file the report. 22.. Direct the City Manager to prepare appropriate material #Sr4: ess Council consideration to form a Housing Committee. New Gusiness 3. Direct the Planning and Zoning Commission to prepare specific implementation recommendations. RECOMMENDATION:.. The Planning and Zoning Commission at their April 23, 1981 meeting, by a unanimous vote (5-0) , requested that the Honorable Mayor and City Council consider the formation of a Housing Committee to study low-income housing 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 April 29, 1981 Housing Committee Page 2 needs and other housing problems in the community. The Planning and Zoning Commission recommended that the Housing Committee be composed of local citizens representing a cross-section of the community, such as members of the Planning and Zoning Commission, senior citizen groups, Chamber of Commerce, etc. SUGGESTED MOTION: "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA, THAT THE CITY MANAGER IS HEREBY DIRECTED TO REOUEST THE PLANNING AND ZONING COMMISSION TO BRING FORTH A PLAN FOR ESTABLISHING A HOUSING COMMITTEE. " JWG/kmc ITEM NO , 12 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY MANAGER IS HEREBY DIRECTED TO REQUEST THE PLANNING AND ZONING COMMISSION TO BRING FORTH A PLAN FOR ESTABLISHING A HOUSING COMMITTEE . PQA,_, .,,,m. `"E✓o -- a.,6Z Y s!. au r 0 I f U t Z q,p/Z0141) COitj U75 9/7?ac/ e cOunction April 24, 1981 MEMORANDUM TO: The Honorable Mayor and City Council THRU: City Manager t,,QROM: ( Director of Public Works SUBJECT: Superstition Freeway design and Highway 60/State Route 88 Improvement Modifications Having requested the State to extend the Superstition Freeway and improve the intersection of Highway 60 and State Route 88, has prompted a series of meetings and discussions between the City and the State to achieve these goals. The attached exhibit "A" is a schematic diagram outlining an alternative proposal for the State's consideration. Basically it indicates that: 1. State Route 88 should be abandoned from a point just Easterly of Idaho Road to the present intersection of State Route 88 and Highway 60. 2. State Route 88 should be rerouted to and along Idaho Road, in two phases. a. Phase one would reroute State Route 88 along Idaho Road to highway 60. (This intersection - Idaho Road and Highway 60) can be signalized to provide better traffic control than the present inter- section of State Route 88 and highway 60. b. Phase two would extend the realignment along Idaho Road to the Superstition Freeway and provide a better access to the recreational lakes, while simultaneously minimizing thru city traffic volumes. Approver for Ar:: .3a - _ Date Rom # {•ua � K/ '0_ n.eac: r3 Pr c . ..r Ong ON Cusmess Now Business 1001 NORTH IDAHO ROAD • E( WKXAPACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 3. Realignment of State Route 88 to the Superstition Freeway will require a modification of the proposed freeway interchange locations as follows: a. The proposed interchange at Vineyard Road (Ironwood Drive) should be relocated westerly to Meridian Drive. This would shift future heavy traffic volumes away from areas already developed within the city limits. Of special concern are Superstition Mountain Elementary School, Junior High School, High School and proposed college campuses which would be subjected to high traffic volumes, should the interchange remain where planned. b. The proposed interchange at Tomahawk Road should be re- located westerly to Idaho Road for the following reasons: 1. An interchange at Tomahawk Road is too close to the termini of the Superstition Freeway with Highway 60. 2. Relocation to Idaho Road will provide a better access to the recreational lakes by eliminating inconvenient manuevers and minimizing heavy traffic volumes thru the city limits. Should the attached alternative be considered and implemented, it is anticipated with the abandonment of that portion of State Route 88, city streets will be realigned by the city and the present intersection of State Route 88 and highway 60 will be modified or obliterated. With the modification or obliteration, better access may be provided to the businesses that have been affected by temporary modifications re- quired due to real and potential hazards. Should these concepts appear reasonable to the State, the City would sponsor public information meetings with the State, to inform the public and request their input. These concepts will be further analyzed and coordinated with the State, should the council direct this department to do so. RWB/an Q Q W W 4 4-NO oNiiyr ' yny `V rt � I c 7J/L /POUTa" Ntrtl`1 end \\ E-0E5/6-4/47/o// 7P6a- 9y Ca4ys7," S"7-47c deo vim �•Des/cN.t/7-iv// (4 Q (50Cc��47/,y kl k 4 � Ni�7 Y Cv/V57,�' a k 1:i'i k 4vJ, ii,i(k C;0 PRoPos(-L.) !•r, \` 0 SUf'6 RS77Tll�t WA y 6Z-4) % 0 a M h \J_ (P?/6 /9a/) Z,1'y/8/7— 4 r SUGGESTED MOTION: BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, that the Council does hereby, thru the City Manager, request the Director of Public Works to continue to coordinate with the State and other governmental agencies to further the conceptual modifications of the Superstition Freeway and the intersection of Highway 60/State Route 88 as shown on Exhibit "A" to be attached hereto. ra ITEM NO , 13 -Da/rx-c/Ci. " BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY COUNCIL DOES, THROUGH THE CITY MANAGER, HEREBY REQUEST THE DIRECTOR OF PUBLIC WORKS TO CONTINUE TO COORDINATE WITH THE STATE AND OTHER GOVERNMENTAL AGENCIES TO FURTHER THE CONCEPTUAL MODIFICATIONS OF THE SUPERSTITION FREEWAY AND THE INTERSECTION OF HIGHWAY 60/STATE ROUTE 88 AS SHOWN ON EXHIBIT "A" TO BE ATTACHED THERETO , Aim ./Lt,1._e/L,etvL' (Ad-4-(i CLed,f) a zb_e,L,(..„..ze_a_ c-tAt.r „-irt_f_d_ .itz.<1;_r_41..--&-e,,,—, f_e, -,.._, xit.z, 6)---1-e7.4 41-4c4AL yV7-L.4.;.4a. -6--612,t4Z-.. . /?ta j c -4-t4A-4,u-oG-e--, rf r ��'w _ C1 i =.-1:--.y• - -0-i1-1, .--6 _2r--1.-J-, teL...-, c_ct.,.,...„L 0.4,....j _..c,4_,,...._.. , ., .. ..c) `X.-zia A-yL-04,-- ctiet-c-Z, St,,,,„,c,t.._ , cit,„71- e_,, . "7 Approver for Agenda --- Data Item 6-(Q- t ...1- First Rcaa+ng S�ton3 Rc,:iing -- ..... Public 1;paring Clo Business New Business ITEM NO . 14 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY COUNCIL ACCEPT WITH REGRET THE RESIGNATION OF ROY HUDSON FOR THE CITY OF APACHE JUNCTION PLANNING -AND / ZONING COMMISSION , a,�r-crACH-e. ' -"hh ' it t Z q,)/ZOIAP (Oily o c4pache o9unction April 29, 1981 MEMORANDUM T0• The Honorable Mayor and Members of the City Council tHRU. Director of Public Works FROM. Community Service Department SUBJECT. Vacancy on Parks & Recreation Commission We regret to announce that there has been a letter of resignation from Mr. Raymond Foisy regarding the Parks and Recreation Commission. The Commission is sorry to lose Mr. Foisy as he was an attentative member . The Commission would like to recommend the appointment of Ms . Hedy Hall to fill this vacancy . Please find attached Ms . Hall 's Talent Bank Application. Approver far Agenda ..... --------------Date Item # oa 6u:;,ess Businoss 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 t (1''-ryIN.("Hs ✓G n IOW v �,',1h.. �►i z `1R/ZONP Zt y (J c pac 2e unction TALENT BANK APPLICATION FOR PluZL d4 eC BOARD/COMMISSION/COMMITTEE DATE: 02 � 1/- NAME: hi,cLc Cve, TELEPHONE: 9 d -S: 3 9 (home) ss (office) c. ADDRESS: / 6 4) C/ r2 ZIP CODE: dS 2 2 0 OCCUPATION: (if retired, please indicate fo-finer occupation or profession) EDUCATION: /7�t C vli74 aj C c 6-c,c l,_ lc� is L11 li(� C"'71 PROFESSIONAL AND/OR COMMUNITY ACTIVITIES: I FEEL THAT I AM QUALIFIED TO SERVE ON THIS BOARD/COMMISSION/COMMITTEE BECAUSE ii Citl�i'�iC r1/�ri C��/ ~` /t--l✓�'-e /C ��c;`C f 1 C/�� U` C _ l�( t�� /-f�. _ GG t-lvC�l/ CL� a�- /-L2i� •c ��� C-�L , /f'L�e �� !ti' L-'=4t�CLeei> L` L A ADDITIONAL PERTINENT INFOJtMAT.ION7REFERENCES: LL ! NOTE: As a candidate to a Council Board, Commission or Committee, your name, address, and phone number will be available to the press and the public. From time to time, requests are received from State and County legislators for recommendations of citizens to serve on State and County commissions. If the City Council recommends your name be submitted, you will be contacted before this action is taken. If appointed to a Board/Commission/Committee, I understand that one requirement is that I cannot be absent from the city for over 30 days at one time unless authorized by the Mayor and Council. /4.(e. /6_4', Signature o Applicant 150 NORTH OCOTILLO • POST OFFICE BOX K APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 - r - 7- 7171 '7 47- - 7.--'1r_i_ 4_72) "I -"247C 739 2-2 ITEM NO , 15 t BE IT RESOLVED BY THE MAYOR AID CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE RESIGNATION OF MR , RAYMOND FOISY FROM THE PARKS AND RECREATION COMMISSION BE, AND HEREBY IS, ACCEPTED WITH REGRET . BE IT FURTHER RESOLVED THAT (HEDY HALL) BE, AND HEREBY IS, APPOINTED TO FILL THE UNEXPIRED TERM OF MR. FOISY , oO 4 Mwi t \ i6!� 4 I'.. 0 A"' 4 x Z (=O '9R/ZONPity 4 @pace 02unction May 1 , 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER CITY CLERK FROM: DEPUTY CITY CLERK SUBJECT: PROPOSED ORDINANCE NO. 100 EQUINE COMMISSION The attached ordinance is provided for Council action pursuant to a request by Councilman Marie Shanks . ()Vitt) JACKIE TREVINO Deputy City Clerk j dt (.09, )0( VS - -.Z , 0,)/ '06•11- - 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ORDINANCE NO. 100 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE OF THE CITY OF APACHE JUNCTION, BY AMENDING CHAPTER 2, MAYOR AND COUNCIL, TO ADD ARTICLE 2-10 EQUINE COMMISSION, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, 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 Article 2-10 EQUINE COMMISSION 2-10-1 Creation 2-10-2 Membership and Terms of Office 2-10-3 Salaries and Personal Expenses 2-10-4 Officers 2-10-5 Meetings 2-10-6 Vacancies 2-10-7 Removal of Members 2-10-8 Duties Section 2-10-1 Creation The Equine Commission of the City of Apache Junction is hereby created Section 2-10-2 Membership and Terms of Office A The Equine Commission shall consist of seven (7) members who shall be appointed by the Mayor and approved by the City Council Not less than four (4) members of the Equine Commission shall be owners of horses. Ex-officio members, without voting privileges, may be designated by the Mayor with the approval of the City Council B. The initial appointments of members shall be as follows. three (3) members with terms beginning upon their appointment and expiring two members with terms beginning upon their appoint- ment and expiring , two members with terms beginning on their appointment and expiring Thereafter, commission members shall all serve for terms of three (3) years or until their successors are duly appointed and qualified, and terms of members shall be so staggered that the terms of no more than three (3) members shall expire in any one year Ex-officio members shall serve for a term not to exceed one (1) year C All members except ex-officio members shall be residents of the City of Apache Junction. Section 2-10-3 Salaries and Personal Expenses The members of the Equine Commission shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent and purposes and amount such expense is first authorized and approved in advance by the City Council. Section 2-10-4 Officers The Commission shall elect a chairman, vice chairman, and secretary from their members to serve for a period of one (1) year The Vice Chairman shall preside at meetings in the absence of the chairman. Section 2-10-5 Meetings The Commission shall establish a regular meeting day and time at least once a month Special meetings may be called as required A quorum shall consist of four (4) voting members for the transaction of all business. Section 2-10-6 Vacancies Vacancies shall be filled by the City Council in accordance with Section 2-10-2 for the unexpired term of the member affected Section 2-10-7 Removal of Members Members of the Commission serve at the pleasure of the Council and may be removed by the Mayor with the concurrence of the Council. A member shall not be absent from Equine Commission regular meetings for more than three (3) consecutive times without a reasonable excuse. After the absence of three (3) consecutive meetings the remaining members of the Equine Commission shall vote to retain or recommend to the City Council that the absentee member be relieved of his duties on the Commission. Section 2-10-8 Duties The Commission shall recommend standards for the keeping of equines within the City of Apache Junction which will protect the health, peace, and safety of the residents of the City and ( which will assure that equines are kept in a clean and sanitary lcondition and not subjected to suffering, cruelty, or abuse. The Commission shall also make recommendations for the establishment and preservation of trail areas. The Commission may review and make recommendations regarding ordinances relating to horse ownership and horse-related properties and any ordinance which may affect the traditional western way of life Said recommendations shall, if relating to zoning matters, be made first to the Planning and Zoning Commission. SECTION II REPEALING ANY CONFLICTING PROVISIONS All Ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, 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 provisions of this Ordinance SECTION IV EMERGENCY CLAUSE Whereas, it is necessary for the preservation of the peace, health, and safety of the City of Apache Junction, Arizona, an emergency is declared to exist, and this Ordinance shall be effective immediately upon its passage and adoption ORDINANCE NO 100 PAGE TWO OF THREE Alma. Am. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF , 1981 VIRGINIA SEEMAN Mayor ATTEST. MARLIS J. DAVIS City Clerk APPROVED AS TO FORM. CITY ATTORNEY l_ ORDINANCE NO 100 PAGE THREE OF THREE ITEM NO . 17 /bag/Y 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO . 100, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED , ��/ t - (NOTE: This motion must have a unani� vote to carry; if it goes not have a unanimous vote, the City Clerk must read the Ordinance in full ) CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO , 100 BY TITLE ONLY WITH THE EMERGENCY CLAUSE FOR THE FIRST READING, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED . AR BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL 0 THE CCIT�APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO . 100, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE OF THE CITY OF APACHE JUNCTION, BY AMENDING CHAPTER 2, MAYOR AND CITY COUNCIL, TO ADD ARTICLE 2-10 EQUINE COMMISSION, PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, AND DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED . FOR ADOPTION (FIRST READING WITH EMERGENCY CLAUSE ) ITEM NO , 17 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 100, BE READ BY TITLE ONLY, WITHOUT THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full ) CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO , 100 BY TITLE ONLY WITHOUT THE EMERGENCY CLAUSE FOR THE FIRST READING FTRCT RFATITNf (WTTNf1MT PMFRnrNrY CI AIISF) ITEM NO , 17 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 100, BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if it does not have a unanimous vote, the City Clerk must read the Ordinance in full ) CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO , 100 BY TITLE ONLY WITHOUT THE EMERGENCY CLAUSE FOR THE FIRST READING, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED , BE IT RESOVLED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUCCTION, ARIZONA THAT ORDINANCE NO , 100, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE OF THE CITY OF APACHE JUNCTION, BY AMENDING CHAPTER 2, MAYOR AND CITY COUNCIL, TO ADD ARTICLE 2-10 EQUINE COMMISSION, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, AND DECLARING AN EMERGENCY, BE AND HEREBY IS DENIED, FOR DENIAL (FIRST READING) ^hV 1 f ?S y ,k) ql\X/IC ITEM NO . 18 � � te C,,,,p ,_ BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AN EXECUTIVE SESSION BE HELD AT 6: 00 P .M. , MAY 20, 1981, IN THE CITY MANAGER'S CONFERENCE ROOM FOR THE PURPOSES OF DISCUSSING LEGAL AND PERSONNEL MATTERS . / CITY r' APACHE JUNCTION MAGISTRATE CO. . REPORT MARCH, 1981 TRAFFIC: PENDING CITATIONS FORWARD 354 MONTHLY CITATIONS ISSUED 212 TOTAL 566 FINALIZED DISPOSITIONS: Fines paid 175 Dismissed 39 ( 30 to old to pursue ) Suspended 1 Time Served 2 217 TO DATE PENDING 349 CRIMINAL: PENDING CITATIONS FORWARD 95 MONTHLY CITATIONS ISSUED 34 TOTAL 129 FINALIZED DISPOSITION: Fines paid 8 Dismissed 11 Suspended or Probation 5 Warrants closed ( Search ) 6 Time Served 2 32 TO DATE PENDING 97 WARRANTS: ( Traffic & Criminal ) Warrants Outstanding 339 Warrants issued 27 Total 366 Warrants cleared - 61 Pending Warrants 305 Pre-Trials & Trials Set 19 Sentencings 3 CITY OF APACHE JUNCTION MAGISTRATE COURT REPORT MARCH, 1981 FINANCIAL STATEMENT: INCOME: FINES $10,578.00 BONDS 505.00 PROFESSIONAL SERVICE 130.00 MISC. 750.75 $11,963.75 Misc. = Transcriptions fees & Restitution fees. EXPENSES: OSC TAX $1,014.73 ASC TAX 290.61 PAS TAX 251.35 BOND REFUNDS 158.00 FINES REFUNDS 112.00 JURY FEES 0.00 PROFESSIONAL SERVICE 258.00 MISC 0.00 $2,084.69 Net Receipts $9,879.06 FINE PAYMENTS OWED: Pending to Date $19,349.00* * Less State Taxes when paid. ACTIVITIES REPORT - OPERATIC : DIV. March 1981 Streets/Roads Graded Dates Graded W. Tepee 3/2 and 3/3 E. Tepee 3/4 E. Foothill 3/4 S. Phelps 3/4 W. 16th 3/5 S. Tomahawk,S. of Broadway 3/5 Southern 3/2 and 3/6 N. Valley 3/26 N. San Marcos 3/6 S. Tomahawk Broadway to 2nd 3/9 E. Broadway 3/9 S. San Marcos 3/10 N. Vista 3/10 N. Wickiup 3/10 Bowman - Foothill to Tepee 3/10 N. Cortez 3/11 N. Acacia 3/11 N. Starr 3/11 E. Jct. - Idaho to Tomahawk 3/12 2nd u u3/13 E. 4th 3/12,3/13,3/16 rip and relay Goldfield Superstition to Manzanita 3/13 E. 12th 3/16 E. 20th 3/16 S. Vaquero 3/16 Starr-Superstition to U.S. 60 3/16 2nd - Tomahawk to Starr 3/17 Tomahawk - Junction to U.S. 60 3/17 Greasewood - Valley to San Marcos 3/18 Royal Palm - Superstition to U.S. 60 3/18 Tomahawk - Jct. to Superstition 3/18 Goldfield - Broadway to U.S. 60 3/19 Hilton - " to Superstition 3/19 Scenic - Starr - Hilton 3/19 S. Ironwood 3/20 Southern 3/20 Page 2 W. Tepee 3/23 Windsong-San Marcos-Plaza 3/23 N. Valley Rd. 3/23 17th - Plaza to Papago 3/24 18th - Plaza to Coconino 3/24 S. Apache 3/29 S. Coconino 3/24 S. Papago 3/24 S. Ironwood 3/24 E. Southern 3/25 S. Phelps 3/25 N. Gold 3/25 W. Shiprock-Delaware to Meridian 3/25 W. Roundup " " Warner 3/25 W. Smoketree " " Main 3/25 N. Grand-Foothill to Lost Dutchman 3/25 W. Greasewood 3/26 W. Foothill - Plaza to Idaho 3/26 W. Shiprock - Delaware to Ironwood 3/26 W. Escondido Court 3/26 E. Junction - Idaho to Wickiup 3/27 E. Broadway - Tomahawk to Goldfield 3/27 S. Tomahawk - 2nd to Broadway 3/27 E. Junction - Wickiup to Hilton 3/30 S. Cortez - 4th to U.S. 60 3/30 E. 4th 3/30 North and South Starr 3/31 S. Wickiup - Broadway to Scenic 3/31 ALLEYS All alleys that could be located, were graded throughout the city using the Case loader with the small grader blade. STREET SIGNS All grant street signs have been installed, inspected, and accepted. The remaining number for the hundred blocks have been received and are in the process of being installed. OTHER SIGNS We have received 100 stop signs and posts that were ordered. We've ordered 50 yield signs and will soon start campaign to install stop or yield signs as needed. 1/41?is.CHE.,— ,..... r .., , , , , , ',,..,41,, q4)/Zo0' W.ity oe &?IGiche oQunction April 24, 1981 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: RAY LEE, CITY MANAGE FROM: JOE GERO DIRECTOR OF PLANNING EXECUTIVE SECRETARY, PLANNING AND ZONING COMMISSION SUBJECT: PLANNING AND ZONING COMMISSION MINUTES FOR YOUR INFORMATION Enclosed you will find copies of the approved "Minutes" from the Planning and Zoning Commission meetings of March 10, 1981 and April 14, 1981. Please have the original "Minutes" entered into the official record. If you have any questions, please direct them to the Director of Planning. JWG/kmc 1001 NORTH IDAHO ROAD • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 n• MINUTES PLANNING AND ZONING COMMISSION CITY OF APACHE JUNCTION, ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA MARCH 10, 1981 7.00 P M In Attendance Absent George Baljo, Chairman John Hutchens (business) Ilene Taylor, Vice Chairman Roy Hudson Ron Kell Mildred Baker Richard Oltman Sim Strickler Henry Steelsmith Joe Gero, Executive Secretary Kathy Connelly, Recording Secretary Guests David Moreno, Sr. Mancelyn Boykin (Palm Springs Water) Nancy Braudrick (Pinal County) Larry Stewart (Palm Springs Water) Lillian Castro Earl Laabs Dale Burfiend Mr & Mrs Keith Bullock Butch & Cindy Smyers Robert H Campbell Mr & Mrs C Rulapaugh Doug R Rulapaugh Mr & Mrs M.E Chambers Wendell J. Clarke Erich & Sandra Kuntze DeDe Scheff C R Bequette Mr & Mrs J W Wyant Robert Junker B.M. Porter David Fjeldahl Norma Ellinger Sharon Lasswell Maxine Augustine Bernard Augustine Jane Allen Betty Workman Eunice Hughes Jack T. & Virginia Womack Lloyd D Williamson Dale Beatty George Bondo Steve Workman Lloyd Hughes Elinor & Clarence Zehnle W Haretel Howard & Mildred Jones Douglas B. Hace Gary Anderson Howell E Anderson Harvey Minson Vinton M Peck Walter Dennis Christina Johnson Chuck Newcomer, Associate Planner Tom Damiano, City Councilman Mayor Virginia Seeman Jimmy Eidson, Councilman Harold Crist, Mesa Del Oro Bob Hare (Arizona Water Co.) Rich Broman, Director of Public Works Bob Cosby 1. Chairman opened the meeting at 7:10 P.M. and directed the Recording Secretary to call the roll 2 Ms Connelly called the roll and determined seven (7) members present as indicated above 3. Chairman requested that the Commission members review the "Minutes" of the previous meeting one more time prior to making a motion 4 Kell/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the "Minutes" of the meeting of February 10, 1981 be adopted as written " The motion passed 7-0. Page 2 - Planning and Zoning Commission Minutes of February 10, 1980 5 Chairman announced that the next item on the agenda was case PZ-1-81 He requested the Executive Secre- tary brief the members on the case 6. Mr. Gero explained that this was the continuation of the case heard by the Commission at the previous meeting regarding an amendment to Section 2503 of the Zoning Ordinance He reminded them that the amendment would change the advertising time for the Board of Adjustment to fifteen (15) days so as to coincide with the Arizona Revised Statutes He pointed out that the City was already requiring the 15 day period, but that a public hearing was still necessary 7 Chairman called for comments for or against the change There being none, he closed the public hearing and directed the Commission to consider the amendment before making a motion 8 Steelsmith/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that it recommend to the City Council the adoption of Ordinance No. 86 so as to have the requirements for the Board of Adjustment advertising time comply with the State Statutes " The motion passed 7-0 9 Chairman asked Mr Gero to explain the use of the Development IL Coordinating Committee. 10 Mr Gero explained that the Development Coordinating Committee was comprised of the Fire Chief, a representative from the police department, the City Engineer, the Director of Public Works and the Planning Director The DCC would present staff reports to the Commission on all future Planned Development applications He then requested that the Chairman allow Mr Larry Stewart of the Palm Springs Water Co speak to the Commission regarding water allocations 11. Chairman asked Mr Stewart to address the Commission and all present 12 Mr Stewart spoke to the Commission regarding the Palm Springs Water Co and the Groundwater Legislation He added that the allocation requested by the Company for the Central Arizona Project water had been greatly re- duced and recommended that the City lobby for a change in the legislation. He also recommended that the City Council consider hiring a consultant to perform a hydrology study of the area to justify a need for a change in the law A question-answer period followed Mr Stewart's presentation 13 Mayor Seeman presented a statement regarding the water problem in the area and added that Apache Junction would lobby for the same opportunities given to other cities regarding water allocation 14. Mr. Stewart pointed out that the existing legislation was under fire because it had been adopted under duress and pressure from the then Secretary of the Interior He added that Apache Junction should worry only about the aesthetics of the plans presented and let the developer worry about the water problem Page 3 - Planning and Zoning Commission Minutes of March 10, 1981 15. Mr. Gero asked what the average consumption per day was in the Palm Springs area. 16. Mr Stewart explained that the use in Apache Junction was in the area of 80 gallons per person per day. 17 Mr Gero asked if this figure included laundry use 18 Mr Stewart added that this figure included all parts of the program 19. Mr. Gero asked how many gallons were contained in an acre foot 20 Mr Stewart explained that there were 325,000 gallons in an acre foot He added that this water would serve four residential units in Apache Junction for one year 21 Mr Gero asked what the seasonal impact was on water 22 Mr Stewart replied that 55% of the water was used in a five month period with the remaining 45% used in seven months 23 Chairman thanked Mr Stewart for his presentation and directed Mr. Gero to brief the Commission on the next agenda item, case PZ-2-81 24 Mr Gero located the subject property on the map and explained that the application was for a Planned Development Trailer Home- Site of approximately 9 acres He pointed out that the plan as presented would become the zoning district if approved by both the Commission and the Council He added that the applicant met the requirements of Ordinance #33. 25 Mr Bullock explained that he had purchased the property last year with the intentions of putting up a professionally designed and engineered park using the new RV-type units He added that the units provided a living area for the RV residents, but that the kitchen and bath facilities were in the RV itself which was parked beneath the adjoining carport He pointed out that the structure would be con- structed according to the Building Codes He pointed out that the units would be an asset to the City since they were permanent and would be adding tax dollars. 26. Chairman called upon the Commission for questions or comments 27 Mr Bullock pointed out that the project was under the Trailer Home- site/Planned Development requirements and that many people had already shown an interest in the units. He added that the permanent units would provide additional tax payers to the city 28 Mr Steelsmith asked if the structures met the building codes 29. Mr. Broman stated that there was no problem with the codes 30 Mr Gero explained that the main structure complied with the Uniform Building Code and that the trailer portion complied with HUD requirements 31 Mr Damiano asked what would happen if an owner tried to install a kitchen and bathroom later on 32 Mr Bullock replied that construction would be controlled through a Home Owner's Association 11100, Page 4 - Planning and Zoning Commission Minutes of March 10, 1981 33 Mr Steelsmith asked if there would be a problem with security since many of the units would probably be vacant during some months of the year 34 Mr Bullock explained that some of the questions would be better answered by Mrs Cindy Smyers since she was handling the management of the project. 34 Mrs Smyers explained that the proposed home owner's association would provide private streets, water retention areas, maintenance and security system on-site as a part of the membership dues 36. Mr. Bullock added that they would coordinate the security system with the local police 37. Mr. Baljo pointed out that they were proposing to have 3,570 square feet per lot which would make the project less dense than a mobile home park 38 Mrs. Taylor asked if the carport area would be paved 39 Mrs Smyers answered that the paving was being offered, but that it was optional 40 Mrs Taylor asked how many feet there were between the carports 41. Mrs. Smyers replied that they were using the Maricopa County codes which required a separation of five (5') feet. 42 Mrs Taylor asked what the fire department thought of the spacing between the structures ll 43 Mr Gero replied that he couldn't answer for them but that the requirements for the Planned Development/Trailer Home- site called for 20' between main buildings and that the 20' requirement had been met 44. Mrs. Smyers explained that the distance between the structures was 19' on one side and 17' on the other She added that the only portions counted were those on the per- manent foundation 45 Mr Gero replied that he would confer with the Zoning Admin- istrator on a ruling as to what portions of the unit were counted 46. Mr Bullock pointed out that the trailer port was optional. 47 Mr Gero pointed out that if the Commission recommended approval and if the City Council approved the Planned Develop- ment, then all of the variances would become a part of the zoning district 48 Mrs Smyers added that she understood that if the Planned Develop- ment was approved that it would apply for that area only and would not be setting a precedent She added that the Planned Development also allowed flexibility within the confines of the Ordinance 49 Mrs Taylor called attention to the fact that the utility ease- ments appeared to be too small and that the Salt River Project preferred easements of 5'. Page 5 - Planning and Zoning Commission Minutes of March 10, 1981 50 Mrs Smyers pointed out that Salt River Project already had an easement on the property and that in checking with a local plumber they had been told that the proposed distance would be more than enough for the water. 51. Mr. Stewart added that he had no objection to the proposal as long as the water company had access along the street for trenching 52. Mrs Smyers pointed out that the home owner's would not have any objection since any work or repairs would be to their benefit anyway 53 Mrs Taylor stated that she liked the concept of the project but that the lots appeared to be too small 54. Mr. Bullock explained that many people considered the lots to be too large since they were larger than those they had previously in mobile home parks 55. Mr Gero asked what the status of the water allocation was and if they planned to subdivide in the future 56 Mr Bullock explained that all would be privately owned and sub- divided from the start. 57. Mrs Smyers added that she had spoken to someone in Sen. Turley's office and had been told that if a private water com- pany applied for an allocation it was the same as the developer in that area receiving an allocation. 58 Mr Baljo asked what the distance would be between structures 59. Mrs Smyers replied that the living areas would be more than 10' apart unlike the CR-3 zone which allowed them to be 8'. 60 Mrs Taylor asked if there would be a violation in putting a travel trailer so close to a structure since the TH require- ments called for a distance of 20' 61 Mr Gero explained that the travel trailer was considered as a part of the whole unit under the planned development He added that he would refer the question to the Fire Chief and Zoning Administrator since the distance in a CR-3 zone was 16' between fire structures and 10' between walled structures 62 Mr Bullock pointed out that there was 36' between the walls and 10' between the roof overhangs 63. Mrs. Baker asked if each unit would have its own septic tank 64 Mr Bullock replied that each would and that the Pinal County Health Department had cleared and approved each tank 65 Mr. Damiano asked if there would be any fire hydrants 66 Mrs Smyers replied that they would be placed according to the requirements of the fire chief 67 Chairman called for additional comments or questions Page 6 - Planning and Zoning Commission Minutes of March 10, 1981 68 Mr Jones pointed out that he did not consider the 4' ease- ment to be enough since it was not possible to get a fire truck down the alley on the east side. He added that he was not against the proposal , but that a larger alley was needed to the rear 69. Mr Smyers explained that there would be easements of 6' and 10'. 70 Mr Jones stated that he would then have no complaints 71 Mr. Williamson stated that he was against mixing travel trailer and residential housing in the same area and that the project would decrease the property values of the surrounding property owners. 72 Mr Peck stated that he was not opposed to the project but that he did not like the proposed lot sizes 73 Mr Anderson pointed out that the minimum requirement for a mobile home park was 10 acres and that the applicant was being allowed to place a similar project on 9 acres He added that approving a project such as this would open the door for other developers who would want to build more in less of an area 74 Mr Bullock explained that the Planned Development did not allow a precedent to be set and that the lots would be in the area of 4,000 square feet while mobile home lots were only 1,000 square feet. 75 Mr Rulapauqh pointed out that many of the houses in the area, including his own, had trailers parked alongside He added that this was not unusual in the neighbor- hood and that it would be better to have something built on the empty land rather than just weeds 76 Mr Williamson added that the trailers parked next to people's houses did not have anybody living in them and that these units would 77 Mr Jones explained that the strip of land was often used as a dumping ground and that the proposal would be a definite improvement 78. Chairman there being no additional comments, closed the public hearing 79 Mr Gero called the Commission's attention to the work sheets contained in their packets which outlined the project and its compliance with the Zoning Ordinance He pointed out that the lot size was 47% of the required size, that the septic tanks did meet the health codes, and that a 6' security fence was proposed. 80 Mr Kell asked if the applicant met the signature requirement 81 Mr Gero pointed out that they had obtained 52`:. of the required 51% and had, therefore, met the requirement. 82 Mr Bullock added that this would not be a low-cost project since each of the individual property owners would have over $50,000 invested including the land and trailer 83 Mr. Kell stated that he felt the project would serve to up- grade the property He asked if the Commission would also be involved as the planned development progressed Page 7 - Planning and Zoning Commission Minutes of March 10, 1981 84 Chairman explained that the Commission would review the project in steps 85 Mr Steelsmith asked if it was possible to buy the unit without owning a travel trailer. 86. Mr Bullock replied that those problems would be covered in the deed restrictions and health codes. 87. Mr Gero reminded the Commission members that they must include reasons for their motion when making one. 88. Mr. Kell asked if the requirements of the Zoning Ordinance were met. 89. Mr. Gero reminded the Commission members that they must determine whether or not the proposal complied with the requirements. 90. Kell/Steelsmith M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning application PZ-2-81 be recommended to the City Council for approval with the reasons being that it is the highest and best use for the parti- cular piece of land and that the requirements of Section 3309 of the City Zoning Ordinance have been met " The motion passed 5-2 with Mrs. Taylor and Mrs ( Baker voting in opposition 91. Chairman announced that he would entertain a motion for a five-minute recess before proceeding with the next agenda item 92. Kell/Baker M/S to hold a five-minute recess. 93 Chairman called for any opposition There being none, he called a five-minute recess 94 Chairman called the meeting to order at 9.21 P M and announced that the next item on the agenda was the public hearing on case PZ-23-80. He asked the Planning Director to brief the members on the case 95 Mr Gero apologized for an error that had taken place re- garding this case and pointed out that an oversight had taken place which was that the applicant did not need the signatures of the surrounding property owners since he was requesting a rezoning to a higher clas- sification He located the property on the map and pointed out that the staff had received 20 letters of protest from area residents who were concerned over the potential for increased traffic, lack of water and lower property values He added that all except three were outside the 300' radius of the property 96. Mr. Kell asked if this was a new hearing or a continuation of the previous one 97 Mr Gero explained that this was a new hearing, but that any previous comments could be incorporated into the dis- cussion if the Commission desired He added that the previous application had been formally withdrawn, but that the case had been readvertised after the error was found Page 8 - Planning and Zoning Commission Minutes of March 10, 1981 98. Mr. Workman requested that his son be permitted to present information to the Commission 99. Steven Workman described their plans for the parcel of land to in- clude 64 separate units joined by carports and patios He pointed out that they were only planning 64 units while the capacity was 100 He addressed the complaints of the residents who were concerned about the traffic congestion, the fire hazards, the already existing zoning for apart- ments, the extra burden on the schools, and the reduction of available water for the area He added that there was a need for apartments in the area and that the more restrictive zoning would create a better tax base for the City. He pointed out that many of the complaints were based on personal preferences and were depriving him of his rights to develop his own property He added that the apartments would be well-maintained 100. Mrs. Taylor asked if the heating and water would be common to all apartments or individually billed 101. Steven Workman replied that those plans were not established yet 102 Mr Workman added that they would plan to provide separate heating and cooling which would be metered separately, but that the septic tank arrangement was unclear He added that it was only practical that they make pro- visions for possible conversion to condominiums. 103 Mrs Taylor asked if it was possible to place 64 septic tanks on 5 acres of land 104. Steven Workman replied that he thought the number could be handled, but that it would be their loss if it couldn't be done 105. Chairman called for comments either for or against the proposal 106 Mr Kuntze explained that he represented property owners in the area that were in opposition to the proposal for a total of the group present plus 17 others. He outlined their reasons for the opposition which included the lowering of property values, the creation of a precedent by allowing the CR-5 zoning to cross Winchester Road, the availability of other land already zoned CR-5, the increased burden on the schools and the roads, and the blanket rezoning that the applicant was requesting as well as the problem with water availability 107. Mr. Gero suggested that the people in the group stand up and be recognized Six people rose and were recognized 108. Mr Bondo pointed out that he owned land adjacent to the south and that he found the plans to be acceptable since he preferred apartments to mobile homes. 109 Mrs Taylor asked what parcel Mr Bondo owned since his name was not indicated on the map 110 Mr Gero explained that Mr. Bondo was the owner of record and that Mr McKune was the contract seller. 111 Mrs Allen explained that her opposition to the apartments was for personal reasons since she preferred the openness of the GR zoning and felt that it would be a personal tragedy to lose this concept and would feel betrayed if the rezoning was approved „or Page 9 - Planning and Zoning Commission Minutes of March 10, 1981 112. Chairman asked if there were any other comments There being none, he called for a rebuttal. 113 Steve Workman pointed out that he owned only 21/2 acres and that the other 21/2 acres was purchased on a separate trans- action He added that there was presently not enough land zoned CR-5 that would meet their needs He also mentioned that they would not need to borrow money to develop the property and did not have to finance any of their plans 114. Mr. Gero asked what information he had regarding construction of a new junior high school. 115 Steven Workman thought that the new school would be opening this year which would provide more room in the school system He added that their project was more economical and was a good alternative to more mobile home lots 116 Mr Kuntze replied that the school would not be open for at least two years and that Dr Corkel had already told him that there was a space problem in the schools He asked if it would be in the best interest of the community to promote the apartments for college students attending the future Central Arizona College and with no specific plans for the land the tax burden for students would fall upon the other tax payers in the area. 117. Mr. Kell questioned Mr Kuntze's comment on the lowering of the property vales and whether or not this was fact 118. Mr. Kuntze explained that this was based on plain economics and that he could obtain evidence to back it up 119. Mr. Kell questioned how the tax burden would be shifted to the other property owners 120. Mr Kuntze explained that he did not have the information readily available, but that it could be obtained He pointed out that the Workman's had not done any kind of tax assessment or economic impact study on the project. 121 Mr. Kell agreed that the present proposal did not provide any kind of control , but pointed out that the opposition's arguments were also speculative. He then suggested that the applicant consider Planned Development. 122 Steven Workman questioned why they would have to file a Planned Development if they were already willing to meet all legal requirements 123 Mr. Workman agreed that they would meet the CR-5 requirements and did not see any need for a Planned Development. 124 Mr Kell replied that it was easy to say that they would meet the requirements, but that there were a lot of variables involved and they could change their minds. 125 Mr Gero added that they could not sign away any of the rights as set forth in the Zoning Ordinance 126 Mr Kell questioned whether a Planned Development might be con- sidered 127 Mr Gero explained that no building permit could be issued un- less they complied with all codes, but that it had nothing to do with the number of units on the parcel. Page 10 - Planning and Zoning Commission Minutes of March 10, 1981 128. Chairman explained that the Planned Development process was not difficult and that there was a definite advantage in that the City Council knew up front what the plans were 129 Mr Workman asked if stipulating maximum density and height would be enough restrictions 130. Mr Gero explained that the City Council had approved two pre- vious planned developments for apartments and one for mini-storage facilities. In addition, the one from earlier in the evening would be going to the Council for consideration 131. Chairman explained that the planned development would hold them to specific plans. 132 Mr. Workman pointed out that there may be a timetable problem in that they were going to sell farm land to finance the project. 133. Chairman replied that time extensions could be granted. 143 Mr Workman added that property conversions may create a need for an extension of time 144 Chairman stated that he was concerned about the possible density and height of the buildings 145 Steven Workman asked if it was necessary to have a planned development to build according to certain specifications 146 Mr Gero explained that only a planned development could restrict density and could set forth time restrictions and pro- vide for extensions He added that the Commission could recommend a reverter clause with a time frame to the City Council. 147 Mr Steelsmith asked if this only applied to conventional zoning. 148 Mr. Gero explained that the reverter clause applied only to the standard zoning and not the planned development 149. Steven Workman asked if they could find a way to restrict zoning prior to the Council hearing 150. Chairman pointed out that that was their choice He called for other comments There being none, he stated that he would entertain a motion 151. Mr. Kell asked if it was meaningless to set forth stipulations without having a planned development application. 152 Mr Gero explained that the Commission could not recommend to do something that was contrary to the Arizona Revised Statutes 152 Steelsmith/Oltman M/S "BE IT RESOLVED by the Planning and Zoning Com- mission of the City of Apache Junction, Arizona, that it recommend denial of case PZ-23-80 to the City Council since the proposal did not provide protection to others in the General Rural zoning district and be it further resolved that the applicant consider amending the appli- cation to a Planned Development that would be more acceptable " Adak Page 11 - Planning and Zoning Commission Minutes of March 10, 1981 153 Mr Kell explained that he had mixed emotions about the situ- ation since people were desiring to develop their property while others were concerned about setting a precedent 154 Chairman asked the applicant to reconsider the Planned Develop- ment process He pointed out that is the Council voted to deny the application then he could not request any kind of rezoning for the property for six months. 155 Mr. Gero confirmed the six month period as set forth in Section 2803 of the Zoning Ordinance 156 Steven Workman conferred with Mr Workman and they stated that they would apply for the rezoning under the Planned Develop- ment ordinance. 157 Mr. Gero advised the Commission that the previous motion should be withdrawn and a new motion made to accept the withdrawal of the application to amend it to a Planned Development. 158. Mr Steelsmith stated that neither had any objection to their previous Mr Oltman motion being withdrawn. 159 Steven Workman stated that they formally withdrew their application in order to amend it to a Planned Development 160 Kell/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that rezoning application PZ-23-80 be withdrawn without prejudice in order to permit the applicant to amend application to a Planned Development, the hearing for which application will be continued on May 12, 1981 at this same location at700PM " The motion passed 7-0 161 Mr. Gero requested that the application be submitted to his office no later than April 10, 1981 162 Chairman announced that the next item on the agenda was a Pinal County request for review of a special use permit appli- cation as submitted by Harold Crist 163 Mr Gero located the property on the map and explained that the special use permit would be for the construction of a storage yard for the equipment of the Mesa Del Oro project 164 Chairman called for any questions or comments on the application There being none, he called for a motion. 165 Taylor/Kell M/S "BE IT RESOLVED by the Planning and Zoning Commis- sion of the City of Apache Junction, Arizona, that it recommends approval of Special Use Permit SUP-93-81 to the Pinal County Planning and Zoning Commission." The motion passed 7-0 166 Chairman announced that the next items on the agenda were two rezoning cases in Pinal County He asked if there was any opposition to combining the cases since they were related There being none, he called upon Mr Gero to brief the Commission on the cases. 167 Mr Gero explained that Mr Anderson wanted to rezone his property to Trailer Homesite from Suburban Homestead He located the property on the map and pointed out its relationship Page 12 - Planning and Zoning Commission Minutes of March 10, 1981 to the property which was the subject of the second rezoning case, Pinal County Commission Initiative PZ-C-43-81 He added that the Countyis considering rezoning 260 acres from Suburban Homestead/Trailer Homesite/ General Rural to Heavy Industrial. He pointed out that approval of the Commission Initiative would void Mr. Anderson's application 168. Chairman called for questions or comments 169 Mrs Womack pointed out the letters in the packets opposing the two proposals She added that of the 12 owners who had signed the rezoning petition only 3 actually lived on the land. She explained that there was a water problem in the area and that rezoning for trailers or industry would make the problem worse 170 Mr Anderson explained that the city had cited him for the location of his truss plant and that he had previously sought a re- zoning of the same property to industrial to accomodate the plant. That request had been denied by the County, as well as the special use permit request submitted by Mr Junker for a cement batch plant. He added that at the time of the previous rezoning, Pinal County had indicated that they wanted the property to remain for mobile homes and houses 171. Mrs Taylor asked where the water would come from for the mobile home park. She added that he must prove an adequate supply of water in order to have the park plans approved 172 Mr Anderson explained that he was aware of the water supply require- ment and that he would have to check into the quality of the water 173 Mrs Taylor asked what the travel path would be for the park 174. Mr Anderson explained that both Houston and Guadalupe would be used, as well as a easement to the south of Houston. 175. Mr Kell asked if the roadway was dedicated 176. Mr. Anderson replied that it was not dedicated and only 30' wide 177 Mrs Taylor asked how soon he planned to develop the property. 178. Mr. Anderson stated that he already had the land 80% cleared and that some streets had been cut 179. Mr. Steelsmith asked why the County had denied his previous application 180. Mr. Anderson replied that they had considered it to be spot zoning 181 Mr Gero explained that at that time Pinal County had seen no need for the industrial zoning, but that they were now getting many requests for that kind of zoning. 182 Mrs Womack stated that they had originally purchased their property for the rural atmosphere and that they should be able to rely on that original zoning She emphasized the water shortage problem in the area and the fact the Mr. Anderson did not own the well that was in the area. 183. Mr. Gero asked if an airstrip was compatible with residential development in that they had a private air strip on their property Job. Page 13 - Planning and Zoning Commission Minutes of March 10, 1981 184. Mr Womack replied that he felt the two were compatible. 185 Mr. Gero asked if they had a special use permit for the runway 186. Mr Womack replied that he had FAA approval 187 Mrs. Womack thought that a special use permit wasn't necessary for the GR zone that they lived in. 188 Chairman suggested that they check into the matter for their own protection and information 189 Mrs Womack explained that she was also opposed to the rezoning in that it would be setting a precedent 190 Mr Gero asked what she thought the other owners should do with their property 191 Mrs Womack suggested that it be used for a park, golf course or recreational facilities 192. Mr Haws explained that he owned 10 acres zoned TH and was in favor of the rezoning since something needed to be done in the area whether it be a trailer park or an indus- trial zone He pointed out that the Womack's already had a 30-acre cushion around their home. 193 Mrs Womack questioned why that area had been singled out when there was a lot of other available land. 194 Mr Anderson replied that there was a shortage of trailer home spaces for families in the East Valley and that the project would increase tax revenue 195. Chairman called for other questions or comments. There being none, he closed the public hearing and called for a motion 196. Mr. Kell suggested that they make no recommendation on the Anderson case • 197. Kell/Steelsmith M/S "BE IT RESOLVED by the Planning and Zoning Commis- sion of the City of Apache Junction, Arizona, that no recommendation be made to the Pinal County Planning Com- mission regarding rezoning case PZ-1-81 since it would be spot zoning regardless of the decision in case PZ-C- 43-81 " The motion passed 7-0 198. Taylor/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commis- sion of the City of Apache Junction, Arizona, that no recommendation be made to the Pinal County Planning Com- mission regarding rezoning case PZ-C-43-81." The motion passed 6-1 with Mr. Baljo voting "no" 199 Chairman explained that he voted against the motion because he did not want the County to think that the City did not want the chance to review their rezoning cases 200 Mr Gero pointed out that the City had been consistent in giving recommendations before and yet the County had denied some of the cases 201. Mr. Steelsmith felt that the cases could not have been fully discussed at this time since information regarding the water was not available He asked why the County wanted to re- zone the area to heavy industrial. Amok Oink Page 14 - Planning and Zoning Commission Minutes of March 10, 1981 202. Mr. Gero explained that the County had contacted 16 property owners, 12 of which were in favor of the rezoning, 2 were opposed and 2 had no opinion. 203. Mrs Womack pointed out that most of the others didn't live on the land and didn't care about any kind of change. 204. Mr. Haws pointed out that he lived there and that he was in favor of both proposals 205. Mr. Gero advised the Commission that the next meeting would in- clude a discussion of housing, the naming of a street adjacent to the Kubler Mortuary, and additional infor- mation on Maricopa County rezonings. 206. Mr. 0ltman informed the Commission that the Airport Commission would be holding a public meeting on March 17, 1981 at 7.00 P M. to announce the site selection for the proposed airport 207 Mr Kell asked if it would be possible to hold two monthly meeting instead of having one lengthy one 208 Chairman explained that it was possible to call special meetings if the need arose 209 Mr Gero added that it was possible to hold a meeting two weeks from today's date to take care of Commission business. 210 Chairman told Mr Gero to set up the meeting and inform all of the ( Commission members of the time and place Il 211 Kell/Steelsmith M/S to adjourn the meeting 212 Chairman there being no opposition to the motion, adjourned the meeting at 12:05 A.M. Respectfully submitted, Joseph . Gero Executive Secretary Appr;v Gedrge Ba jo, Chairm /M MINUTES PLANNING AND ZONING COMMISSION CITY OF APACHE JUNCTION, ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA APRIL 14, 1981 7 00 P M In Attendance Absent Guests George Baljo, Chairman Sim Strickler (illness) Dale Burfiend Ilene Taylor, Vice Chairman Henry Steelsmith (out- Harvey Morrison Mildred Baker of-town business) Mrs. Morrison Ron Kell John Hutchens Floyd R Davis Joe Gero, Executive Secretary Richard Oltman Mrs Davis Kathy Connelly, Recording Roy Hudson Allen McLaughlin Secretary 6 Additional Guests 1 Chairman explained to those present that there would be a short delay before the meeting in order to allow time for other members to arrive He added that the Commission must have at least five members present in order to conduct business and only four members were present as indicated above 2 Mr Gero explained to the applicants present the process of the public hearing before the Commission and the subsequent hearing before the City Council He pointed out that the Commission only made a recommendation and that it was up to the City Council to make the actual decision L 3. Chairman discussed holding a special meeting of the Com- mission in order to accomodate the public hearings and maintain their potential status on the City Council agenda The members present decided that a special meeting should be held on Thursday, April 23rd He then apologized to those present for the delay in the meeting and pointed out that a new hearing date must be set since there were not enough Com- mission members present to conduct business He announced that the public hearings would be held at a special meeting of the Commission set for Thursday, April 23, 1981 at 7.00 P.M. at the same location 4 Mr Gero added that assuming the Commission reached a decision and made a recommendation to the Council on the 23rd, that the hearings would be on the City Council agenda for May 6, 1981 5 Chairman thanked the people for attending and explained that this was only the second time in 2; years that the Commission failed to meet due to lack of quorum He added that the entire rezoning process with the hearings before both the Commission and Council was done according the the State Statutes and was for the protection of both the applicant and the City The meeting adjourned at 7 25 P M and was followed by a short work session Respectfully submitted, Joseph N. Gero Executive Secretary i Page 2 - Planning and Zoning Commission Minutes of April 14, 1981 pAp ved 0 e aljo, Chai nan LAW OFFICES MARTINI:Z, CURTIS,GOODWIN, KARASEII & IIADDY MICHAEL A CURTIS 1.02 •IRST FEDERAL SAVINGS BUILDING JAY M MARTINEZ 3003 NORTH CENTRAL AVENUE SUSAN D GOODWIN PHOENIX,ARIZONA 8501.2 DAVID K KARASEK TELEPHONE (602) 2.6 0772 LARRY G HADDY ELLEN M CROWLEY W ILLIAM P SULLIVAN REFER TO FILE NO 244 Corres . April 28, 1981 Mayor Virginia Seeman City of Apache Junction 1001 North Idaho Road Apache Junction, Arizona 85220 Re : Door-to-Door Solicitation and Distribution Dear Mayor Seeman: At its meeting of March 4, 1981 the City Council directed staff to review the problem of door-to-door solicitation and the distribution of flyers , campaign materials and other written matters, and to consider the extent to which such solicitation and distribution can be regulated by City Ordinance. We submit the following : QUESTION: To what extent may the City regulate door-to-door solicitation and the distribution of flyers , campaign materials and other written matters. ANSWER: Regulation of door-to-door solicitation and distribution must not interfere with First Amendment Rights to freedom of speech and to receive written materials , whether or not requested . However, the City may regulate such solicitation and distribution to prevent crime , annoyance and litter. The City may not regulate the contents of the materials and it may not prevent or prohibit the activities. ANALYSIS : The First Amendment of the United States Constitution protects rights of freedom of speech. Included in the concept of speech is "commercial speech" , more commonly referred to as advertising. Bates v. State Bar of Arizona , 433 U. S. 350; Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council Inc. , 425 U. S. 748. Commercial speech is, therefore , also protected under the right of freedom of speech. Mayor Virginia Seeman April 28 , 1981 Page Two However, under the City 's police power, the City may reasonably regulate door-to-door solicitation and distribution in order to protect homeowners from crime and annoyance, and to control litter problems. In Hynes v. Mayor and Council of Borough of Oradel, 425 U. S. 610 ( 1976 ) , the United State Supreme Court invalidated as contrary to the First Amendment a City ordinance which required that advance written notice be given to the local police department by any person desiring to canvass , solicit or call from house-to-house for a recognized charitable cause, or for a federal, state, county or municipal political campaign or cause , which notice was declared to be "for identification only" . The Court held that although the City could require identification of solicitors and distributors prior to issuance of a permit, it could not (1 ) control the content of the materials ( 2) prohibit the distribution of the materials ( 3) delegate to the police department "effective power" to grant or deny permission to canvass for political causes - i.e. the ordinance had to be very specific as to who was covered and what information was required to be submitted to the police department. The ordinance in question was declared invalid for vagueness. In VanNuys Publishing Company v. City of Thousand Oaks , 489 P. 2d 809 (1971 ) , the California Supreme Court invalidated an ordinance ostensibly aimed at controlling litter, but which provided that no person may "throw, cast , distribute, scatter, deposit, pass out, give away, circulate or deliver any handbill, circular, newspaper, paper or other printed matter or advertising literature at any property Mayor Virginia Seeman April 28, 1981 Page Three without first having obtained permission of the owner or adult resident of the house. " The ordinance was held to be unconstitutional because it was overbroad , affecting and controlling not only litter but all forms of written material. The Court set forth the following guidelines for any ordinance attempting to control litter by controlling solicitation and distribution: "To preserve a homeowner 's control over his ' castle ' , a City may certainly prohibit a distributor from delivering matter ' in defiance of the previously expressed will of the occupant. ' [citations omitted] The homeowner can, of course , express his objection to distribution in a variety of ways : he might, for example , post a sign on his property or, in the case of "regular" distributors , write or telephone the disseminator to instruct him to discontinue delivery. Alternatively, the City might adopt the Rowan procedure as a model, and establish a municipal office both to channel complaints to offending distributors and to monitor distributor 's responses. The choice of method, of course, remains with each municipality. A city cannot, however, preserve, "privacy" (or attack "litter" ) by prohibiting all distribution without "prior consent" , as the City of Thousand Oaks has attempted to here. " Since the ordinance went beyond what was needed to control litter and in fact control written material it was declared overbroad and unconstitutional . CONCLUSION: The City may regulate door-to-door solicitation and distribution under the following guidelines : Mayor Virginia eeman April 28, 1981 Page Four 1. The City may not prohibit such solicitation and distribution. 2. The City may regulate door-to-door solicitation and distribution through a narrowly drawn ordinance, clearly setting forth who is covered and what information must be provided to the police in order to obtain a permit. 3. City may not control the contents of materials distributed. 4. City may advise homeowners that if it posts "no solicitors or distributors" notices ,that the solicitor or distrobutor is put on notice that the homeowner does not wish to receive materials and therefore the solicitor or distributor will be trespassing if he comes upon- his property. Sincerely, ,{/ Susan D. Goodwin`----) SDG/cm cc Ray Lee, City Manager 4 i ITEM NO , 20 BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT P . M .