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HomeMy WebLinkAbout1982 03.16 City Council Regular Agenda PQACHE✓o diefi tin U , IqI , Z gR,ZoNP.....„) '0ity o, (94pache 09unction CITY COUNCIL r REGULAR MEETING AGENDA MARCH 16, 1982 7:00 P.M. 6:00 P.M. WORK SESSION, COMMUNITY SERVICES BUILDING INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL (1) ACCEPTANCE OF AGENDA (2) ACCEPTANCE OF MINUTES OF REGULAR MEETING OF MARCH 2, 1982 AWARDS, PRESENTATIONS AND COMMUNICATIONS CALL TO THE PUBLIC CITY MANAGER'S REPORT '� PUBLIC HEARINGS None. OLD BUSINESS (3) PROPOSED ORDINANCE NO. 132, NOVAK (Second Reading) (4) PROPOSED ORDINANCE NO. 133, BUSINESS LICENSE AMENDMENTS (Second Reading) (5) PROPOSED ORDINANCE NO. 140, AIRPORT COMMISSION MEMBERSHIP (Second Reading) (6) FUNDING FOR SPRINKLER SYSTEM - BALLFIELD SITE NEW BUSINESS (7) PROPOSED RESOLUTION NO. 82-06, ESTABLISHING SPEED LIMITS (8) PROPOSED RESOLUTION NO. 82-09, MANDATORY SOLAR ACCESS 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 (9) PROPOSED RESOLUTION NO. 82-08 AND PROPOSED RESOLUTION NO. 82-11, DEREGULATION OF CABLE TELEVISION (10) PROPOSED RESOLUTION NO. 82-12, USE OF LOTTERY FUNDS TO SUPPORT THE ARTS (11) LETTER OF INTENT FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (12) WORK SESSION, APRIL 6, 1982 (13) INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REQUESTS OF COUNCIL (14) ADJOURNMENT THANK YOU FOR YOUR ATTENDANCE AND FOR TAKING AN INTEREST IN YOUR COMMUNITY. PLEASE COME AGAIN AND BRING YOUR FRIENDS. ROLL CALL VOTE SHEET NOTES • ITEM # MEETING OF . ( ' MOTION BY: 4S SECONDED BY: , YES NO ABSTAINED COUNCILMAN EIDSON V✓ COUNCILMAN DAMIANO MAYOR CLARKE V COUNCILMAN STEELSMITH COUNCILMAN SHANKS ,COUNCILMAN HUDSON l 1d VICE MAYOR HILL UNANI" US IN FAVOR OPPOSED I ABSTAINED TOTAL ITEM NO . 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA, BE AND HEREBY IS, ACCEPTED AS PRESENTED . CITY COUNCIL REGULAR MEETING MARCH 2, 1982 The regular meeting of the City Council of the City of Apache joimk Junction, Arizona, was held on March 2, 1982, at the Apache Junction Council Chambers pursuant to the notice required by law CALL TO ORDER Mayor Clarke called the meeting to order at 7.01 p.m. INVOCATION Councilman Shanks led the Invocation PLEDGE OF ALLEGIANCE Councilman Steel smith led the Pledge of Allegiance ROLL CALL Councilmen Present. Councilman Hudson, Councilman Steelsmith, Councilman Damiano, Councilman Shanks, Councilman Eidson, Vice Mayor Hill , E Staff Present Mayor ClarkeCity Manager, James Tuvell Acting City Clerk/Deputy City Clerk, Kathleen Connelly Director of Public Safety, Bill McDaniel Director of Planning, Joe Gero Director of Public Works, Rich Broman City Attorney, Arnold Hirsch Others Present C.R. Bequette 195 South Palo Verde Apache Junction, Arizona 85220 Joe Saggio 543 North Ironwood Apache Junction, Arizona 85220 John A. Forsberg 269 N. Winchester Road Apache Junction, Arizona 85220 Kenneth Brust 4022 E. Broadway, Suite 106 Phoenix, Arizona 85040 Charles Salakin 677 North Cactus Road Apache Junction, Arizona 85220 Jim Harris 5022 East Broadway, Suite 106 Phoenix, Arizona 85040 Jean Perkins 616 North Cactus Apache Junction, Arizona 85220 Amok Frank Burch P.O. Box 1158 Apache Junction, Arizona 85220 Midge Conway 902 South Ocotillo Drive Apache Junction, Arizona 85220 Lt Col. Jim Robinson Williams Air Force Base ,it Stephen D. Coffman 4022 East Broadway, Suite 106 Phoenix, Arizona 85040 Ron Drake 2437 South Catalina Mesa, Arizona George A. Baljo 1070 East Navajo Avenue Apache Junction, Arizona 85220 Richard Merrill American Cable Television Mr. Gary Adams Arizona Department of Transportation Suzanne Gilstrap Cable Television Coordinator City of Mesa Mesa, Arizona Rosemary Montgomery Finance Officer City of Apache Junction Apache Junction, Arizona 85220 Art Allen City Engineer, Apache Junction, Arizona 85220 ACCEPTANCE OF THE AGENDA ) Vice Mayor Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA, BE AND HEREBY IS, ACCEPTED AS PRESENTED. Councilman Steel smith seconded the motion VOTE: Unanimous The motion carried ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, 1982 Councilman Hudson 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 FEBRUARY 16, 1982, BE ACCEPTED AS PRESENTED Vice Mayor Hill seconded the motion. VOTE Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE TWO AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Clarke announced a presentation by the American Cable Television Company, which will be presented later in the meeting, as the representative is not present at this time. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager James Tuvell , called on the Director of Public Works Rich Broman, to brief the Council on the street survey. Director of Public Works Rich Broman, stated that alternatives for street repairs have been investigated. Mr. Broman outlined the history of the Public Works Department, and also consolidated the maintenance report, with details of the repairs which have been accomplished City Engineer Art Allen, stated that the previously commissioned street evaluation has been completed by a consultant and reviewed by the Department of Public Works, a copy of which has been provided to the City Council. The evaluation includes current costs of various types of construction, computerized list of every existing street, recommendations by the consultants for maintenance Mr Allen requested that the Council review the evaluation and make recommendations Mr. Allen outlined the City of Payson's street maintenance procedures and results, with a slide presentation Rosemary Montgomery, Finance Officer, presented a report on the funds available for street maintenance Mayor Clarke stated that a decision would not be made at this time, but the alternatives and choices would be considered, and asked if Council- members would like to comment Vice Mayor Hill requested that the City Manager be directed to hold a meeting to discuss this particular item. �.. Councilman Damiano asked if Maricopa County pays anything for their portion of the paving at the intersection of Broadway and Meridian Mr Broman answered that they did not Councilman Steelsmith complimented the Department of Public Works and the City Engineer on their efforts Councilman Hudson stated that, at the present time, manpower and equipment are not available for the repairs Councilman Shanks stated that the funds should be used to repair streets rather than to purchase equipment that the City could not afford to operate The representative of American Cable Television, Mr. Richard Merrill, offered to answer any questions regarding cable television, and asked how many homes are in Apache Junction Director of Planning Joe Gero, stated that there are approximately 6,000 homes, one third of which are vacant eight months of the year Director of Public Works Rich Broman, stated that this covers approx- imately 125 road miles Mr. Merrill, asked if the City is entertaining an ordinance to allow cable television into the City at this time. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE THREE Mayor Clarke stated that the Council is not at this time. Mr. Merrill stated that he could provide the City Attorney with copies of ordinances used by other cities for this purpose. Councilman Steelsmith asked if the American Cable Television could give a complete presentation at a future date. Mr. Merrill stated that the company would do this, outlining the procedures for a city of Apache Junction's size, and also pointed out oft,.some of the problems involved. Councilman Hudson asked if there are any benefits to the City where G cable television is concerned. Mr Merrill responded that there is additional revenue for the City, and also additional communication benefits Mr. Tuvell presented the Cable Television Coordinator for the City of Mesa, Ms Suzanne Gilstrap. Ms Gilstrap gave information regarding cable television franchises. Mayor Clarke asked if Ms Gilstrap had an approximate amount of revenue collected through cable television Ms Gilstrap stated that the City of Mesa has a 3% franchise, and have had an increase of 5%, with an approximate amount of $50,000.00 in revenue from approximately 12,000 customers Councilman Hudson asked the amount of stations in the City of Mesa Ms Gilstrap stated that there are presently 35 channels. I Mayor Clarke asked if the Mesa system is overhead or underground. Ms Gilstrap replied that ttie Mesa system has both methods, and that they have found overhead construction is much faster Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8 17 p.m. PUBLIC HEARINGS PROPOSED ORDINANCE NO. 132, NOVAK (First Reading) ) Mayor Clarke opened the hearing to the public. Director of Planning Joe Gero, briefed the Council on the petition, stating that the Planning and Zoning Commission recommends approval of this rezoning case Mr Keith Stachar, 63 East Roundup, Apache Junction, representing the applicant, requested approval of the application. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application There being no one wishing to address the Council, Mayor Clarke closed the hearing to the public. Mayor Clarke called upon the City Clerk to read Ordinance No 132, by title only for the first reading REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE FOUR Acting City Clerk Kathleen Connelly, read as follows ORDINANCE NO 132, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-82 FROM GR (GENERAL RURAL) TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING ,.44, PENALTIES. PROPOSED ORDINANCE NO. 133, BUSINESS LICENSE AMENDMENTS (First Reading) Mayor Clarke opened the hearing to the public. Acting City Clerk Kathleen Connelly, addressed the Council reminding them of the Business Licenses Committee appointed in December, 1981. The proposed ordinance contains amendments pertaining to problems which have surfaced in the process of licensing businesses. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council, Mayor Clarke closed the hearing to the public Mayor Clarke called upon the City Clerk to read Ordinance No. 133, by title only for the first reading Acting City Clerk Kathleen Connelly, read as follows. ORDINANCE NO. 133, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 8-1 PEDDLERS, SECTION 8-1-3 ISSUANCE OF REGISTRATION CARDS; ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, SECTION 8-5-2 LICENSE REQUIRED, SECTION 8-5-4 SCHEDULE, SECTION 8-5-11 SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS BY DELETING SAID SECTION 8-5-11, AND SECTION 8-5-18 TRANSFERABILITY, ASSIGNABILITY, ARTICLE 8-6 SWAP MEET OPERATIONS, SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET PROPRIETOR AND SECTION 8-6-3 UNLAWFUL PRACTICES OF SWAP MEET VENDOR, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO 138, ANIMAL CONTROL (First Reading with Emergency Clause) Director of Public Safety Bill McDaniel explained that this proposed ordinance is amending the City Code, in order to correct certain irregularities. Mayor Clarke opened the hearing to the public Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application There being no one wishing to address the Council , Mayor Clarke closed the hearing to the public. Councilman Eidson asked if it was necessary to pass this immediately with the emergency clause Mr McDaniel replied that it is necessary in order to enforce these certain items. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE FIVE / Ai, Amok I Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO. 138, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE Unanimous ...ift` The motion carried. j Mayor Clarke called upon the City Clerk to read Ordinance No. 138, by title only for the first reading with the emergency clause Acting City Clerk Kathleen Connelly, read as follows: ORDINANCE NO. 138, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 6-1 RULES AND REGULATIONS SECTION 6-1-6 ANIMAL KENNELS, SUBSECTION A AND ARTICLE 6-2 IMPOUNDING GENERALLY, SECTION 6-2-5 CONDITIONS AND DURATION OF IMPOUNDMENT, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 138, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 6-1 RULES AND REGULATIONS SECTION 6-1-6 ANIMAL KENNELS, SUBSECTION A AND ARTICLE 6-2 IMPOUNDING GENERALLY, SECTION 6-2-5 I CONDITIONS AND DURATION OF IMPOUNDMENT, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE AND HEREBY IS, APPROVED. Vice Mayor Hill seconded the motion VOTE: Unanimous The motion carried. PROPOSED RESOLUTION NO. 82-07, DECLARING PERSONNEL RULES AND REGULATION PUBLIC DOCUMENT ) City Manager James Tuvell , explained that this item had been discussed during the City Council Work Session, and that there may be a need for further discussion before voting on this item. Vice Mayor Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THIS ITEM BE TABLED FOR FURTHER STUDY. Councilman Damiano seconded the motion Councilman Shanks MOVED TO AMEND THE MOTION TO TABLE BOTH RESOLUTION NO 82-07 AND ORDINANCE NO. 139 FOR FURTHER STUDY. Vice Mayor Hill seconded the motion. VOTE (on the amendment). Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE SIX oak VOTE (on motion as amended): Unanimous The motion carried. PROPOSED ORDINANCE NO 140, AIRPORT COMMISSION MEMBERSHIP (First Reading) ) Mayor Clarke opened the hearing to the public. Director of Public Works Rich Broman, referred this item to Airport Commission member, Mr. Ben Honor. Mr Ben Honor, 965 North Grand Drive, Apache Junction, addressed the Council, explaining that the Airport Commission at a Special Meeting on February 18, 1982, unanimously voted to request that two non-residents of Apache Junction be appointed members of the Airport Commission, providing residence is within 10 miles of the City limits. Mayor Clarke asked if there was anyone else who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Countil, Mayor Clarke closed the hearing to the public Mayor Clarke called upon the Acting City Clerk to read Ordinance No. 140, by title only for the first reading Acting City Clerk Kathleen Connelly, read as follows: ORDINANCE NO 140, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE AND ORDINANCE NO 108 SECTION 2-9-2A; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE, FRATERNAL ORDER OF EAGLES Mayor Clarke opened the hearing to the public. Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application There being no one wishing to address the Council , Mayor Clarke closed the hearing to the public. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hudson seconded the motion. VOTE In Favor Councilman Steelsmith, Councilman Hudson, Councilman Eidson, Vice Mayor Hill, Mayor Clarke Abstained. Councilman Shanks, Councilman Damiano (possible conflict of interest) The motion carried APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE, APACHE JUNCTION JAYCEES Mayor Clarke opened the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE SEVEN Mayor Clarke asked if there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council , Mayor Clarke closed the hearing to the public. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE APPLI ATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE APACHE JUNCTION JAYCEES, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL Vice Mayor Hill seconded the motion. 1 VOTE In Favor* Councilman Hudson, Councilman Eidson, Councilman Shanks, Councilman Damiano, Vice Mayor Hill , Mayor Clarke Abstained Councilman Steelsmith (possible conflict of interest) The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO 135, HANDICAPPED AND FIRE LANE PARKING (Second Reading) Director of Public Safety Bill McDaniel , briefed the Council and public on the proposed Ordinance Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO. 135, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. ( Councilman Steelsmith seconded the motion. VOTE Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No 135, by title only for the second reading. Acting City Clerk Kathleen Connelly, read as follows: ORDINANCE NO. 135, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 12-3 PARKING, BY ADDING SECTION 12-3-7 FIRE LANES AND SECTION 12-3-8 HANDICAPPED PARKING; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO. 135, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 12-3 PARKING, BY ADDING SECTION 12-3-7 FIRE LANES, AND SECTION 12-3-8 HANDICAPPED PARKING, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING PENALTIES, BE AND HEREBY IS, APPROVED. Vice Mayor Hill seconded the motion. VOTE Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE EIGHT Amok CHARTER GOVERNMENT COMMITTEE FINAL REPORT Acting City Clerk Kathleen Connelly, stated that starting July, 1981, the City Council indicated a desire to form a Charter Government study group and on August 5, 1981, the City Council adopted a calendar for a period of review and recommendation on the feasability of a charter form of government for Apache Junction and the formation of a Charter Government Committee The Council has now been presented with the final report submitted by the Charter Government Committee The Council has until May 18, 1982, to reach a decision based upon this report and their own review. Ms Midge Conway, 902 South Ocotillo Drive, Apache Junction, Chairman of the Committee, requested that the Charter Government Committee Final Report be kept by the City Clerk for review by the Council Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY COUNCIL BE GIVEN TIME TO REVIEW THE MATERIAL PRESENTED BY THE CHARTER GOVERNMENT COMMITTEE. There being no second, this motion failed Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY COUNCIL ACCEPT THE FINDINGS OF THE CHARTER GOVERNMENT COMMITTEE BE IT FURTHER RESOLVED THAT THE CITY COUNCIL REVIEW THE RECOMMENDATIONS AND REPORTS PRESENTED BY THE CHARTER GOVERNMENT COMMITTEE AND RENDER THEIR FINDINGS TO THE PUBLIC AT THE REGULAR MEETING OF MAY 18, 1982. Vice Mayor Hill seconded the motion VOTE Unanimous !l The motion carried Mayor Clarke requested that the material submitted by the Charter Government Committee not leave City Hall NEW BUSINESS PROPOSED RESOLUTION NO. 82-05, ESTABLISHMENT AND DEVELOPMENT OF CITY AIRPORT Mayor Clarke reminded the public that this item is being discussed only, and a decision will not be made at this time Mr Tom DeBondt, 1334 East 20th Avenue, Apache Junction, a member of the Airport Commission, briefed the Council and public on the location and stated that the Airport Commission has received the Federal Aviation Administration notice of airspace approval , in response to the application Mr DeBondt, requested that the City Council authorize the Airport Commission to continue in its endeavor to create said airport by coordinating all aspects of development. Lieutenant Colonel Jim Robinson, Williams Air Force Base, Chief of Operations, expressed Williams Air Force Base's concern of the location of the proposed airport because of the proximity to Williams Air Force Base airport, and because it lies between Williams Air Force Base and the areas they work in, creating safety problems. The Lieutenant stated that they can not come up with a way to alleviate these problems. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE NINE , r -.. p Mr. Gary Adams, representing the Arizona Department of Transportation, expressed the Department of Transportation's support of the City of Apache Junction efforts toward the proposed airport. Mr Kermit Bressner, President of the Apache Junction Chamber of Commerice, expressed their support of the City on this issue Mr Stephen D Coffman, 4022 East Broadway, Suite 106, Phoenix, Arizona, of Coffman and Associates, reiterated support of the project, and stated that this is the most favorable and has the most potential of any other location considered for the airport Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE CONTINUED UNTIL NO LATER THAN 10 00 P M Vice Mayor Hill seconded the motion. VOTE Unanimous The motion carried Mr. Ron Drake, representative of Air Execs, 2437 South Catalina, Mesa, Arizona, expressed their support of the Apache Junction Airport Mr George Baljo, 1070 East Navajo Avenue, Apache Junction, addressed the Council , giving his support to the Apache Junction Airport Mr Jim Harris, 4022 East Broadway, Suite 106, Phoenix, Arizona, stated that his associates had made any comments he E had wished to make. Mr Charles Salakin, 677 North Cactus Road, Apache Junction, pointed out problems such as road access and monetary support for the airport Mr. Kenneth Brust, 4022 East Broadway, Suite 106, Phoenix, Arizona, airport consultant for the City, endorsed the study completed for the City Mr. John Forsberg, 269 North Winchester Road, Apache Junction, withdrew his "Request to Speak", as enough had been said on the subject Mr. Frank Burch, 2620 South Starr Road, Apache Junction, felt that the City of Apache Junction has more important priorities at this time, and the airport should wait until the City is more developed. Ms Jean Perkins, 616 North Cactus, Apache Junction, stated that she had addressed the previous Council, with the request that the citizens have the right to vote on the airport issue, and wished to repeat that request Mr Joe Saggio, 543 North Ironwood, Apache Junction, wished to withdraw his "Request to Speak", saying only that he was in opposition to the Apache Junction airport Director of Public Works Rich Broman, informed the Countil that the City does have the support of the Arizona Department of Transportation, and Transportation Board, State Land Department, Central Arizona Assocition of Governments, and also read a letter from Senator Goldwater giving his support to the Apache Junction airport Mr Broman stated that letters had been received from several others in support. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE TEN Councilman Damiano requested that the funding for different areas of the City be broken down into different accounts, so that citizens could see that the funds come from different places. Mayor Clarke agreed, stating that the budget is controlled, and the City cannot simply use funds designated for other uses for the airport '^ Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO 82-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROCLAIMING INTENT OF THE ESTABLISHMENT AND DEVELOPMENT OF A CITY AIRPORT, BE AND HEREBY IS, APPROVED. Councilman Eidson explained that the word "intent", is exactly that, an intent not a fact Councilman Steelsmith stated that building an airport is part of building a city An airport will provide jobs and industrial opportunities In regard to Ms Perkins statement of what the previous Council had promised, Councilman Steelsmith stated that this Council has no legal obligation as the Council made no motion on the request, and that opinions have changed toward supporting the airport Councilman Eidson informed the public that $250,000.00 has been provided for street repair, and that no street repair funds will be used for the airport Councilman Hudson reiterated that the word "intent" only authorizes the appropriate people to continue investi- gating the possibility of an airport ` Vice Mayor Hill seconded the motion tE VOTE Unanimous The motion carried. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT AGENDA ITEM NOS 14, 15, 16, AND 17, BE TABLED UNTIL THE NEXT REGULAR CITY COUNCIL MEETING OF MARCH 16, 1982 Councilman Steelsmith seconded the motion Councilman Steelsmith withdrew his second Vice Mayor Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ITEM NO 17, REMAIN ON THE AGENDA Councilman Hudson seconded the motion. VOTE (on amendment) Unanimous The motion carried VOTE (on motion as amended): Unanimous The motion carried PROPOSED RESOLUTION NO 82-10, ANNEXATIONS Director of Planning Joe Gero, explained REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE ELEVEN that this bill is in the legislature, and would cause a major change in annexation procedures. Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO 82-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING ITS OPPOSITION TO SENATE BILL 1150 PERTAINING TO ANNEXATION PROCEDURES, BE AND HEREBY IS, ADOPTED AND APPROVED ,/\ Councilman Steelsmith seconded the motion VOTE- Unanimous The motion carried SERGEANTS, DEPARTMENT OF PUBLIC SAFETY Director of Public Safety Bill McDaniel, requested that the City Council ratify this position so as to increase the staff and provide for the position for the Department of Public Safety Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE POSITION OF ADMINISTRATIVE SERGEANT IN THE DEPARTMENT OF PUBLIC SAFETY, BE AND HEREBY IS, RATIFIED Vice Mayor Hill seconded the motion VOTE Unanimous The motion carried. APPOINTMENT OF CITY CLERK City Manager James Tuvell , addressed the Council, in regards to the ratification of Kathleen Connelly as City Clerk. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE JOB DESCRIPTION FOR THE CITY CLERK POSITION BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT THE SALARY RANGE FOR THE CITY CLERK'S POSITION BE SET AT RANGE 37 AS INDICATED IN THE REVISED SALARY SCHEDULE OF VOLUME II OF THE CITY OF APACHE JUNCTION BUDGET, FISCAL YEAR 81-82 BE IT FURTHER RESOLVED THAT THE APPOINTMENT OF KATHLEEN CONNELLY AS CITY CLERK EFFECTIVE MARCH 2, 1982, BE AND HEREBY IS, RATIFIED Councilman Damiano seconded the motion VOTE Unanimous The motion carried WORK SESSION, MARCH 16, 1982 ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A WORK SESSION BE HELD IN THE CITY COMPLEX ON THE 16TH DAY OF MARCH, 1982, AT 6 00 P M Vice Mayor Hill seconded the motion VOTE Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE TWELVE Councilman Steel smith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT WORK SESSIONS BEHELD IN THE CITY COMPLEX ON THE 23RD AND 30TH OF MARCH, 1982, AT 7:00 P.M. Councilman Damiano seconded the motion VOTE. Unanimous Amok The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Mayor Clarke recognized Mr. James Karam, Chairman of Pinal County Board of Supervisors, and thanked him for being present Councilman Steelsmith reported that on Saturday, March 13, 1982, there will be a land use bus tour of the City sponsored by the Planning and Zoning Commission Vice Mayor Hill stated that the Texas American Cable Television will be at the March 16, 1982, City Council meeting Councilman Damiano reminded the Council of the Veteran's Memorial Park groundbreaking on March 8, 1982, and gong show on March 15, 1982. REQUESTS OF COUNCIL None. ADJOURNMENT Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT 10:00 P.M. Vice Mayor Hill seconded the motion VOTE: Unanimous Amok The motion carried WENDELL J CLARKE Mayor ATTEST KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1982 PAGE THIRTEEN ROLL CALL VOTE SHEET NOTES ITEM If MEET INGOF ' ( ` 2/ MOTION BY: SECONDED BY: 14-6'`L(Y. )' - YES NO ABSTAINED COUNCILMAN STEELSN'ITH COUNCILMAN SHANKS MAYOR CLARKE 1111.11111111111111 COUNCILMAN HUDSON COUNCILMAN DAMIANO +� VICE MAYOR HILL .COUNCILMAN EIDSON UNANI"^OUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 2, 1982, BE ACCEPTED AS PRESENTED . rACHE ... i ✓G+0 ° w . ,, ryJ 4P/ZONP `6ity o &4pache 3unctian February 10, 1982 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH: A JAMES TUVELL, JR. , CITY MANAGER FROM. 0 ' ' JOE GERO, DIRECTOR OF PLANNING SUBJECT: REQUEST FOR AGENDA ITEM PUBLIC HEARING AND FIRST READING MARCH 2, 1982 SECOND READING AND CONSIDERATION MARCH 16, 1982 General Information: Proposed Ordinance No. 132 Rezoning Case No. PZ-1-82 Rezoning Request: GR General Rural to CB-2 General Business Applicant: Thomas Novak Power of Attorney: Keith Stachar Date of Application: December 23, 1981 Date of Advertisement: January 24, 1982 Planning and Zoning Commission Meeting Date: February 9, 1982 Area: 13,200 square feet or 0.30 acres + Approver fcr Agenda Application Requirements: '. Date Item # �'Ir si i?^-ir j 3/2/[' .,- .... Number of Property Owners: 14 Number of Exempt Properties• 6 Second ;,cc,c,';yg `944 f:? 3 Number of Affected Owners: 8 �pL J,^ F an;, - ' Number of Signatures: 5 or 62 5% g Signatures by Affected Area: 90+% .Le'"Gld Business ...._._ New Business Development Coordinating Committee Comments (DCC) • The subject property fronts on Ironwood Drive which is designated an arterial on the Street Classification Plan and the subject property is adjacent to presently zoned CB-2 property. There is no objection to the rezoning. 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 MEMORANDUM TO. THE HONORABLE MAYOR AND CITY COUNCIL (REQUEST FOR AGENDA ITEM) February 10, 1982 Page Two Planning and Zoning Commission Recommendation: BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-1-82, also known a Proposed Ordinance No. 132, application of Thomas Novak for his property described as: the South 100 feet of Tract "A" in the West 2 of the West 2 of the Southwest 4 of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona (also known as Tax Parcel #101-16-011B) requesting rezoning from GR General Rural to CB-2 General Business Zone, that the Commission recommends to the Apache Junction City Council the approval of said application. The reasons for the recommendation are. 1 ) There is CB-2 General Business zoning in the area. 2) The area is growing in general business uses and, therefore, CB-2 would be the highest and best use of the property. Recommended Motion: (See attached memorandum. ) • • APPLICATION FoRproullarr OF THE ZONING ORDINANCE OR CHANGE OF ZONING DISTRICT BOUNDARIES FOR APACHE JUNCTION, ARIZONA B k.9 i3 1 Cash Receipt No 717(( Amount it' Date jl ,;Case Number P Z —/-Y Z- TO APACHE JUNCTION CITY COUNCIL I hereby request a change of zoning classification, an dutudment 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 Fran• GE, To CB-2 Parcel 2 Parcel 3 Parcel 4 Parcel 5 The legal description of the property proposed to be rezoned by this application is as follows (if more space is needed, attach separate sheet) 5-100 ft. of Tract A in WA,W,A, SW;, Sec. 20 T1N RRE - G&SRR&M The size (to nearest tenth of an acre) & eneral location of the subject property is as follows (give direction & distance ran nearest mapped street). 100' x 132' - 3/10 acre (annrox.) (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? Fronting on major street and not comnatable with existing commercial use in the immediate area. 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 'Res" answer Subject nrooerty is being used as and residence and home occupation. Many commercial businesses are now opened near by 3 If your requested change is to provide additional cattnercial or industrial zon ing, is there a demonstrable need for this zoning in order to serve the ccurnunity or neighborhood, as the case may be? Explain Pronosed use shall he for service and products needed in the local community 4 Other reasons for the subject request. Page 1 of 2 pages Describe existing & proposed future use of subject property, buildings and structures FXTSTTMD• Ppaident.ial use (mobile home) and 24 x L8 blnrk huildino naed ashnme occuoatsn, (machine shop). Proposed. Metal awning to he added to existing building for weather nrntprtinn Atimm` to establish a carpenter shop. 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 of zoning). Thomas Novak Box 1590 A. J. NONE (Name of applicant or ) (Address) (Phone) Keith H. Stachar - 28 N. Ironwood - A,J. 982-5 70 (Name of or representative) (Address) (Phone) Keith H Stachar - 28 N. Ironwood - Suite 1 Apache Junction, Az. 85220 (Name & Address of`person to wham petition & notices should be mailed) — � /�� K (Si‘nature 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 ORDINANCE NO. 132 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSI- FICATION IN REZONING CASE PZ-1-82 FROM GR (GENERAL RURAL) TO CB-2 GENERAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVER- ABILITY, AND PROVIDING PENALTIES. A"k 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 south one hundred (100) feet of Tract "A" in the West % of the West % of the Southwest 4 of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Junction, Pinal County, Arizona, also being Pinal County Tax Parcel #101-16-011B in the said Township and Range, be and hereby is amended by changing the zoning district classification from GR (General Rural) to CB-2 General Business Zone. SECTION II REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV PENALTY CLAUSE Any person found guilty of violating any provisions of this ordinance shall be punished by a fine not to exceed $1,000 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein- above described. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 19 ATTEST Mayor City Clerk Kathy Connelly APPROVED AS TO FORM City Attorne David F Alexander PZ-1-82 (NOVAK) PROPOSED ORDINANCE NO, 132 REQUESTED REZONING FROM GR (GENERAL RURAL) TO CB-2 (GENERAL BUSINESS) \ca W 2ND AY"� 0 0 0 SUBJECT. Ix SITE °o > A IX w 33'133' I SCALE 1k 24d FEET N RECOMMENDED MOTION ORDINANCE NO. 132 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT IN ZONING CASE PZ-1-82 , APPLICATION OF THOMAS NOVAK A ALSO KNOWN AS ORDINANCE NO 132 , AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDI- NANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-82 FROM GR (GENERAL RURAL) TO CB-2 GENERAL BUSINESS ZONE, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES 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.) oink, 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.) ROLL CALL VOTE SHEET NOTES rtft1 . I ,. ITEM # MEETING OF ' l0 MOTION BY: I Pit SECONDED BY: 1/0')LL YES NO ABSTAINED COME II MAN DAM AN0 / , ... r.oHNCIL"BAN EIDSON CO HNC ILMAN HUDSON / MAYOR CLARKE_ / _VLF MAYOR HILL \/ .COUNCILMAN STFELSMITH // _ COUNCII MAN SHANKS V UNANF^. S , IN FAVOR OPPOSED . ABSTAINED TOTAL " ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF 49 MOTION BY: ! PrnSECONDED BY: (l 0 YES NO ABSTAINED COUNCILMAN HUDSON COUNCILMAN EIDSON V COUNCILMAN SHANKS V/j VICE MAYOR HILLY COUNCILMAN DAMIANO MAYOR CLARKE COUNCILMAN STEELSMITH UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL L� � ITEM NO , 3 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 132, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full . ) Step 2CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 132 FOR THE SECOND READING , Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO , 132, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-82 FROM GR (GENERAL RURAL) TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS, APPROVED , FOR APPROVAL ITEM NO , 3 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 132, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED, (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full . ) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 132 FOR THE SECOND READING , St 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO . 132, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-1-82 FROM GR (GENERAL RURAL) TO CB-2 GENERAL BUSINESS ZONE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS, DENIED . FOR DENIAL P PHE✓G .....- ..1,. ..:,,.4,0 /O ' . gR P....--...9 ..... W ity ora &4paclie unction February 24, 1982 ` Approver for Acsraa _ _— 19ate, item # MEMORANDUMTO. THE HONORABLE MAYOR AND MEMBERS First Ren4'n -/' /t- 7( OF THE CITY COUNCIL Second "..,r;rng 3/t'cj THROUGH. 22 CITY MANAGER Oid a� :,Q� FROM. VII ACTING CITY CLERK — New Business SUBJECT. PROPOSED ORDINANCE NO. 133 - AMENDMENTS TO BUSINESS LICENSE ORDINANCE At the regular meeting of January 19 , 1982 , Councilman Eidson relayed to the Council the recommendations of the subcommittee designated by Mayor Clarke to review the city' s business licensing procedures . Included in this recommendation was the establishment of staggered renewal dates so that each business license would be valid for a twelve-month period from the date of issue . Upon a careful review of Chapter 3 of the City Code, other changes were found to be necessary in order to make the entire procedure operational, to clarify the ordinance, and to correct clerical and grammatical errors . These changes '.. were recotnuiiended by and reviewed with the City Manager, Director of Public Safety, City Attorney and myself. The proposed changes in the Code are as follows . Article 8-1 PEDDLERS , Section 8-1-3 Issuance of Registration Cards Presently there is no provision in the Code for a short-term, special event peddler ' s license for those individuals wishing to sell items at events such as Lost Dutchman Days , Fiesta Del Sol, or door-to-door for a limited time . This amendment would provide for a five-day license for a $25 00 service charge. The registration card would expire after the five day period. An individual, however, would still have the option of purchasing a regular peddler ' s license, valid for one year, at a cost of $45 00 . 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 Proposed Ordinance No . 133 Page 2 Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, Section 8-5-2 License Required This amendment clarifies the Code by requiring a license for each business even if they are located within the same office. It also provides for a reference if ques- tions arise as to whether or not something actually is a "business . " Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, Section 8-5-4 Schedule This amendment includes the establishment of a staggered schedule for the renewal of licenses . This would make each license renewable twelve months from the month of its issue and would enable us to spread the work load over a period of time as well as impose a more equitable fee . Revenue would also be spread throughout the year. Additionally, the listing of businesses has been revised to make it uniform. All titles reflect a "business" rather than an occupation. The series numbers following the dealers in alcoholic beverages reflect the state series number designations . In all instances, with the exception of public baths and related businesses, the individual fee has been deleted. Duplications and references to other titles have also been deleted. It should be noted, however, that the fee schedule has remained the same. Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, Section 8-5-11 Separate Licenses Required for Separate Places of Business With the previous amendment to license the actual "business", it was determined that it would no longer be equitable to license each location, however, every different business would be licensed even if it was the same location. This section would be deleted. Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, Section 8-5-18 Transferability, Assignability The Code presently permits the City Clerk to either require that a new license be purchased when a business is sold or to authorize the transfer of the license for a fee of1. 00. This amendment would remove the second choice and would make the application for a new license mandatory. Proposed Ordinance No . 133 Page 3 Article 8-6 SWAP MEET OPERATIONS , Section 8-6-2 Unlawful Practices of Swap Meet Proprietor and Section 8-6-3 Unlawful Practices of Swap Meet Vendor The Code presently requires that the Swap Meet Proprietor collect and submit to the City Clerk a Vendor Registration Report from each vendor who sells an item over $25 . 00. The purpose of this is to be able to track any items which might be stolen. Upon discussion with the Director of Public Safety, it was determined that these reports are not as effective as originally hoped, however, it was recommended that the requirement for submitting them not be deleted from the Code in the event that they might be beneficial at a future time. These proposed amendments remove the mandatory aspect and make the forms optional upon the request of the City Clerk or Director of Public Safety. Attached, for your reference, is a copy of the form presently being used. Additionally, Section 8-6-3, Subsection D, as it appears in the Code, contains an incorrect reference to the title of Article 8-3 . The correct title is Transaction Privilege Tax, not Transaction Privilege License Tax. The words"by the state" have also been added to make the vendor aware that he must post the sales tax license that he is issued by the state. If you have questions or wish additional information, please contact me. Kathleen Connelly Acting City Clerk kmc Attachment (1) the Code Of tt,C City of Apatite Junction requires that a report Y F. l' J'J(\C;1(.;) I CLfT1rY THAT Tn / H ( �rli nirr•ATiO, O bran a Vatl, and Ve11411 r bt' tomattlett to the City Trn; nEPonr t; Tnul AND conrl[eT (!irk by Ib, O' nI r (,I CVIII tato( at the close of each day of oper ,,N(rt 01 a P.ul and v,p (Oh VENDOR IlEG1ST«ATION REPORT IUUAv S UAlE SPACE 'IN''IlL rt r i.n SI(,tIA?Wit Or PAIII, r1_U..til r'I l II IICtr ANT NAME (FIIIST LAST I. MIDDLE)PIIINT AUOIILSS OAT( OF (WWI PIIIVILL[.L 1Ax LILLN.L HU'I ILII VC IIICIr OCSCnlPT ION LICENSE NUMItC It P,STATE WAIVE II LICCN:;C e. STArC PIIONC IJUMUE It :,rJCIAL ',ECtJll1TY NO. Apt I N(,CIE PJtlttI UUSlrJ[;; LICL,I �IUplrnnrtl NES _ t.0 III MM NO Aft 7ICI E UIWUGIIT INTO MICA ot.,n_IIIPTIC,N or IT(LA COI Oft tiff,NO tit.I1r I Cr ruAi • '') ��t_ ■ I '' C I —1 f A ORDINANCE NO. 133 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 8-1 PEDDLERS, SECTION 8-1-3 ISSUANCE OF REGISTRATION CARDS; ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, SECTION 8-5-2 LICENSE REQUIRED, SECTION 8-5-4 SCHEDULE, SECTION 8-5-11 SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS BY DELETING SAID SECTION 8-5-11, AND SECTION 8-5-18 TRANSFERABILITY, ASSIGNABILITY; ARTICLE 8-6 SWAP MEET OPERATIONS, SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET PROPRIETOR AND SECTION 8-6-3 UNLAWFUL PRACTICES OF SWAP MEET VENDOR, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Article 8-1 PEDDLERS, Section 8-1-3 Issuance of Registration Cards, be amended to read as follows: Section 8-1-3 Issuance of Registration Cards Registration cards under this article shall be issued upon payment of a $25.00 service charge and shall be valid for a five day period for all applicants who have complied with Section 8-1-2, unless the chief of police discovers that any such applicant is deemed not to be a proper person to be permitted to go from house to house because of any of the following reasons (1) he has a criminal record, (2) he is associated with a company that has engaged in fraudulent dealings, or (3) the proposed sales proposition includes some element of trickery, fraud or deceit, in which case, in the interest of public safety and protection, the applicant shall not be registered. Applicants procuring a Business Occupation License in accordance with Article 8-5 of this Chapter shall be exempt from paying the $25.00 service charge and shall be required to update their registration cards on an annual basis. That Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, Section 8-5-2 License Required, be amended to read as follows: Section 8-5-2 License Required It shall be unlawful for any person, partnership, association, company or corporation to commence, transact or carry on any trade, business, game or amusement, calling, profession or occupation, as set out in this article, without first having procured a license from the city to do so, or without complying with any and all regulations of such trade, business, game or amusement, calling, profession or occupation designated in this article. The practicing, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation specified in this article without complying with any and all regulations of such trades, businesses, games or amusements, callings, professions or occupations, contained in this article shall constitute a separate violation of this article for each and every day that such trade, business, game or amusement, calling, profession or occupation is practiced, transacted or carried on. The granting of a license is not deemed as evidence or proof that the licensee has complied with the provisions of this article or other provisions of the Apache Junction City Code, nor shall it estop the prosecution by the city for any violation of Apache Junction City Code. Ordinance No. 133 Page One of Eight Am. Air A license shall be required for each business. For instance, if a person, partnership, association, company, or corporation conducts two separate businesses (ie., a travel agency and a blacksmith shop), then two licenses shall be required. This requirement shall be applicable to situations where two or more businesses are being operated from the same location Should questions as to form of business arise, interpretations of this Section shall be based upon form indicia contained in the following Arizona Revised Statutes; Internal Revenue Code and Rules and Regulations ..% prescribed by the Internal Revenue Service That Article 8-5 Business Occupational License Tax, Section 8-5-4 Schedule, be amended to read as follows Section 8-5-4 Schedule The license tax set out in the following schedule is hereby established for trades, businesses, games or amusements, callings, professions, or occupations listed therein and shall be paid by each person, partnership, association, company or corporation who shall practice, transact, carry on or engage in such trades, businesses, games or amusements, callings, professions or occupations. The license tax set out herein shall be based on a twelve month period, and shall be due and payable on or before the last day of the month twelve months from the month of issuance and shall be renewable each twelve-month period thereafter In the case of a new trade, business, game or amusement, calling, profession, or occupation, the same such schedule shall apply The schedule for the first twelve months of operation shall be as follows ACCOUNTANTS (Including bookkeepers) 45.00 ADVERTISING AGENCY 45 00 ADVERTISING SOLICITOR 45 00 AIR TRANSPORTATION BUREAU OF TRAVELERS AID BUREAU 45.00 ALCOHOLIC BEVERAGES, DEALERS IN• Distiller's license (Series 1) 225 00 Brewer's license (Series 2) 225.00 Winer's license (Series 3) 225 00 Hotel-motel license to sell all spirituous 450.00 liquors by individual portions and in the original containers (Series 15) Hotel-motel retailer's license to sell all 450.00 spiritous liquors Hotel-motel license to sell beer and wine 150 00 by individual portions and in the original containers Hotel-motel license to sell beer by individual 112 50 portions and in the original containers On-sale retailer's license to sell all 300 00 spiritous liquors by individual portions and in the origiral containers (Series 4) On-sale retailer's license to sell beer and 150 00 wine by individual portions and in the original containers (Series 7) On-sale retailer's license to sell beer by 112 50 individual portions and in the original containers (Series 8) Ordinance No 133 Page Two of Eight Off-sale retailer's license to sell all 112 50 spiritous liquors (Series 9) Off-sale retailer's license to sell beer 112 50 and wine (Series 10) Off-sale retailer's license to sell beer 75.00 (Series 11) Club license to sell all spiritous liquors 75.00 (Series 14) Restaurant-retailer's license to sell all 450 00 spirituous liquors (Series 16) ARCHITECT, ENGINEER 45 00 ASSAYER 45 00 ATTORNEY-AT-LAW 45.00 AUCTIONEER 45 00 AUTOMOBILE WASHING 45.00 AUTO-WRECKING 45 00 BANK 45 00 BARBERSHOP, BEAUTY PARLOR 45.00 BATH, PUBLIC Includes electric steam, dry heat, turkish, Swedish, russian, massage parlors, bathhouses, therapy centers, electric, magnetic or sun treatment or alcohol rubs or any other bath with treatments or with sleeping accommodations(in compliance with Article 8-4, Section 8-4-4 of this Chapter and other applicable ordinances) Annual Fee 300.00 Each attendant (Annual Fee) 75 00 BEAUTICIAN, HAIRDRESSER 45 00 BLACKSMITH, WELDING AND REPAIR 45.00 "."►` BROKER 45 00 BURGLAR ALARM (installation and service) 45.00 BUSINESSES NOT OTHERWISE CLASSIFIED (each) 45 00 CABINETMAKER, WOODWORKER, CARPENTER SHOP 45 00 CARPET INSTALLATION 45.00 CATERING 45.00 CIRCUS/CARNIVAL (per day) 300.00 Must have approval of director of public safety, require certificate of insurance naming as additionally insured City of Apache Junction officials, employees and citizens. No carnival or circus may avoid payment of license fees if advertising as being present under the auspices of local organizations or societies without having met the requirements Any waiver of license fees granted pursuant to this code, Ordinance No 133 Page Three of Eight shall not be construed to include exemption from a certificate of insurance and any other requirements deemed necessary to protect the health, safety and general welfare of the public COLLECTION AGENCY 45.00 CONTRACTOR (must comply with Arizona Revised Statutes 45 00 regarding licensing of contractors) p COURT AND CONVENTION REPORTER 45.00 DEALER, not otherwise mentioned 45 00 DELIVERIES (businesses making deliveries from outside 45 00 the city) DESIGNER/ILLUSTRATOR 45.00 DETECTIVE, PATROL OR GUARD SERVICE AGENCY 45.00 DOCTOR OF MEDICINE (Physicians, surgeons, medical 45 00 professionals) DRY CLEANER, CLEANING, PRESSING AND DYING 45.00 Substations or separate establishments for the purpose of picking up or delivering the finished product. ELECTROPLATING 45.00 EMPLOYMENT AGENCY 45 00 ENGRAVER, PHOTO OR OTHERS 45 00 FINANCIAL INSTITUTION (to include banks and loan brokers) 45.00 FORTUNETELLER, PALMIST (with approval of director of 1,200 00 public safety) GARAGES (REPAIR) 45.00 GASOLINE, OIL, PETROLEUM PRODUCTS (wholesale) 45.00 GEOLOGIST 45 00 GUNSMITH, LOCKSMITH, KEYSHOP, KNIFE AND SCISSOR 45.00 SHARPENING, SAW FILING HOSPITAL, REST HOMES, CLINIC AND SANITARIUM 45.00 HOUSE NUMBER PAINTING 45 00 INTERIOR DECORATING 45 00 JUNK DEALER (upon compliance with Article 8-2 of this 45.00 Chapter) LABORATORY (not associated with doctor's office) 45 00 LAUNDRY (self-service or professional) 45.00 LIVERY STABLE 45.00 MACHINE AND REPAIR SHOP 45 00 MANUFACTURING, MANUFACTURER 45.00 MARRIAGE AND FAMILY COUNSELING 45 00 Ordinance No. 133 Page Four of Eight 0111 MEDICAL PROFESSIONAL (see doctor of medicine) 45 00 MORTUARY OR CREMATORY 45.00 PAINT SHOP 45 00 PAWNBROKER (upon compliance with Article 8-2 of this 45 00 Chapter) PEDDLER (upon compliance with Article 8-1 of this 45.00 Chapter) "wokPHOTOGRAPHER 45.00 PHYSICAL THERAPIST 45 00 (State license required) PIANO TUNING 45 00 RACE TRACK ENTERPRISE 45 00 REAL ESTATE, RENTAL AND LOAN BROKER, LOAN AGENTS 45.00 REDUCING SYSTEM 45 00 REPAIR 45.00 RUG CLEANING (not in connection with laundry) 45.00 SCHOOL (private and vocational) 45 00 SERVICE 45.00 {{{ SHEET METAL SHOP 45 00 SOCIAL INTRODUCTION, ESCORT AND DATING SERVICES 1,200.00 (with approval of the Director of Public Safety) SOLICITOR, CANVASSER, DEMONSTRATOR AND SALESMAN 45.00 (upon compliance with Article 8-1 of this Chapter) SWAP MEET PROPRIETOR - Annual Fee 600.00 APPLICATION• A proprietor license may be issued by the city upon prior approval, by the city clerk, of the application of the proprietor on forms supplied by the city and payment of a one-time non-refundable fifty dollar application fee. TAXI SERVICE 45.00 TAXIDERMIST 45 00 TRANSIENT MERCHANT 45.00 TREE SURGERY 45 00 UPHOLSTERING, AUTO AND FURNITURE 45.00 WAREHOUSE OR FREIGHT TERMINAL 45 00 The schedule for subsequent twelve-month periode of operation shall be as follows BATH, PUBLIC includes electric steam, dry heat, turkish, swedish, russian, massage parlors, bathhouses, therapy centers, electric, magnetic or sun treatment or alcohol rubs or any other bath with treatments or with sleeping accommodations (in compliance with Article 8-4, Section 8-4-4 of this Chapter and other applicable ordinances) Ordinance No 133 Page Five of Eight Annual Fee 300 00 Each attendant 75.00 FORTUNETELLER AND PALMIST 1,200 00 MASSAGE PARLOR, THERAPY CENTER 1,200.00 SOCIAL INTRODUCTION, ESCORT AND DATING SERVICE 1,200.00 .a. CIRCUSES/CARNIVALS (per day) 150 00 (must be approved by the Director of Public Safety, and require a certificate of insurance naming the City of Apache Junction elected and appointed officials and employees as additional insureds) SWAP MEET PROPRIETOR 600 00 ALL OTHERS 35.00 That Article 8-5 Business Occupational License Tax, Section 8-5-11 Separate Licenses Required for Separate Places of Businesses be amended to read as follows: Section 8-5-11 Separate Licenses Required for Separate Places of Business Delete That Article 8-5 Business Occupational License Tax, Section 8-5-18 Transferability, Assignability be amended to read as follows Section 8-5-18 Transferability, Assignability All licenses issued hereunder shall be non-transferable and non- assignable. That Article 8-6 Swap Meet Operations, Section 8-6-2 Unlawful Practices of Swap Meet Proprietor, be amended to read as follows A. To permit a swap meet upon premises owned or controlled by the swap meet proprietor without being in possession of a proprietor's license. B To permit any person to engage in the sale of merchandise upon parking or other areas owned or controlled by the swap meet proprietor whenever such areas or sites are not specified on the proprietor's license C To fail to control the entrance to and exit of all swap meet vendors and merchandise from the premises by the physical presence and personal supervision on the premises of the swap meet proprietor or his designated agents during the hours of operation of the swap meet. D. To fail to pay the City of Apache Junction the business license tax when due, pursuant to Article 8-5 of the City Code. E To fail to file with the City of Apache Junction a monthly vendor registration report when due F To fail to keep an accurate vendor registration log. G To fail to preserve all documents required by this article, including vendor registration logs and vendor sales receipts, for three years, and to make available said documents to inspection by the city clerk, his deputy, or the department of public safety Ordinance No 133 Page Six of Eight H. To fail to make all document entries required by this article, including vendor registration logs and vendor sales receipts, or to fail to make such entries open to inspection by the clerk or department of public safety I To fail to maintain the swap meet premises in a clean and unlettered condition, free and clear of all abandoned merchandise, rubbish and debris J To fail to post on the premises, in a conspicuous place so as to be clearly seen by the public and the clerk, or the department of public safety, a proprietor's license. Additionally, the swap meet proprietor may be required to comply with the following provisions as required by the City Clerk or the Director of Public Safety A. To collect the copy of each vendor sales receipt from the swap meet vendor at the close of each business day. B To file with the City Clerk by 12:00 noon on the next regular business day the vendor registration report and vendor sales receipts from the previous business day as required by the City Clerk or the Director of Public Safety That Article 8-6, Section 8-6-3 Unlawful Practices of Swap Meet Vendor, be amended to read as follows• Section 8-6-3 Unlawful Practices of Swap Meet Vendor It shall be unlawful for a swap meet vendor to fail to comply with the requirements of this article, and in particluar A To fail to give to each person, to whom a sale is made by the swap meet vendor, a vendor sales receipt for each article of merchandise sold for twenty-five dollars or more. B. To fail to fully and accurately record on vendor sales receipts the complete descriptive information set forth in this article when required by the City Clerk or the Director of Public Safety C. To fail to give one copy of each vendor sales receipt to the swap meet proprietor upon the close of each business day when required by the City Clerk or the Director of Public Safety D. To fail to post at the swap meet vendor's assigned sales location^ on the premises, in a conspicuous place so as to be clearly seen by the public, the city clerk and the department of public safety any current valid Transaction Privilege Sales Tax License issued by the city and the state to the swap meet vendor, pursuant to Article 8-3 Transaction Privilege Tax of the City Code. E To engage in sales at locations other than the vendors sales location assigned that day by the proprietor SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof Ordinance No 133 Page Seven of Eight PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1982 WENDELL J. CLARKE Mayor ATTEST KATHLEEN CONNELLY Acting City Clerk ` APPROVED AS TO FORM. City Attorney Ordinance No 133 Page Eight of Eight ROLL CALL VOTE SHEET NOTES frik) .. ITEM # MEETING OF MOTION BY : SECONDED BY : ( ()7-1-) Y S NO ABSTAINED VICE MAYOR HILL COUNC I LMAN. STEELSM I TH COUNCILMAN HUDSON / _MILK I LMAN EI DSON V./ YOR CLARKE DAMIANO LCOUNCILMAN �✓ COUN( I LMAN SHANKS UNANITMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES i r);) '-7, , ITEM # MEETING OF • Ci MOTION BY: r,�r SECONDED BY: 01' YES NO ABSTAINED COUNC ILMAN EIDSON COUNCILMAN DAMIANO ‘,/ MAYOR CLARKE / COUNCILMAN STEELSMITH \( COUNCILMAN SHANKS V . COUNC I LMAN HUDSON ,4 _ VICE MAYOR HILL UNANI'10 S , IN FAVOR OPPOSED 1 ABSTAINED TOTAL ITEM NO , 4 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 133, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full . ) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 133, FOR THE SECOND READING , Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO , 133, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 8-1 PEDDLERS, SECTION 8-1-3 ISSUANCE OF REGISTRATION CARDS; ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, SECTION 8-5-2 LICENSE REQUIRED, SECTION 8-5-4 SCHEDULE, SECTION 8-5-11 SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS BY DELETING SAID SECTION 8-5-11, AND SECTION 8-5-18 TRANSFERABILITY, ASSIGNABILITY; ARTICLE 8-6 SWAP MEET OPERATIONS, SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET PROPRIETOR AND SECTION 8-6-3 UNLAWFUL PRACTICES OF SWAP MEET VENDOR; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS, APPROVED , FOR APPROVAL ITEM NO , 4 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO , 133, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED , (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full . ) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 133, FOR THE SECOND READING . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO , 133, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 8-1 PEDDLERS, SECTION 8-1-3 ISSUANCE OF REGISTRATION CARDS; ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX, SECTION 8-5-2 LICENSE REQUIRED, SECTION 8-5-4 SCHEDULE, SECTION 8-5-11 SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS BY DELETING SAID SECTION 8-5-11, AND SECTION 8-5-18 TRANSFERABILITY, ASSIGNABILITY; ARTICLE 8-6 SWAP MEET OPERATIONS, SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET PROPRIETOR AND SECTION 8-6-3 UNLAWFUL PRACTICES OF SWAP MEET VENDOR; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS, DENIED, FOR DENIAL AO b., ollMik (� PQACHF✓G/fI t k° Y 1� O �A ^ Y1 k) 15 U 1 .,rt 14,4!,- a ' r z b, t44 \ss.%%4s 0.4:. R,ZON ot @ puche o9unction DATE: February 22, 1982 MEMORANDUM TO: The Honorable Mayor and Members of the City Council THRU: \\ City Manager ?—) FROM: Director of Public Works REGARDING: Airport Commission Membership (Agenda Item) The Airport Commission, at a special meeting on February 18, 1982, unanimously voted to request that (2) non-resident official members be appointed, providing residence is within ten (10) miles of the City limits. Attached is a copy of section 2-9 of the City Code which created the Airport Commission and Ordinance 108. .•. Attached is a proposed amendment to Ordinance 108. Please place this action on the council agenda for March 2, 1982. RWB/cc Approver fcr Agenda___l." ___ Date 4 , Item # 1 a Firs+Reading w-7 Second Reading `_1_l�k; _ ....✓Public Hearing ..►:!Old Busineu ,....... New Business ,, 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 2-8-8 " MAYOR AND COUNCIL 2-9-2 Sec. 2-8-8 Duties The commission through the director of public works shall recommend regulations and policy for the government, control and improvement of the public parks of the City of Apache Junction. The commission shall also recommend fees for the use of public park facilities and recommend full time or seasonal employees as necessary for the efficient management of the city parks and recreation program. Article 2-9 AIRPORT COMMISSION 2-9-1 Creation 2-9-2 Membership and Terms of Office 2-9-3 Salaries and Personal Expenses 2-9-4 Officers 2-9-5 Rules of Procedure; Power and Duties 2-9-6 Meeti r)gs 2-9-7 Vacancies 2-9-8 Removal of Members Section 2-9-1 Creation An airport commission of the City of Apache Junction, Arizona is hereby created. Sec. 2-9-2 Membership and Terms of Office A. The airport commission shall consist of seven members who shall be appointed by the mayor and approved by the city council . Ex officio members, without voting privileges, may be designated by the mayor with approval of the city council . One ex officio member may be designated from outside the city limits of the municipality, provided a current pilots license is held and residence is within ten miles of the city limits of the municipality. B. The appointments shall be for three years each with the terms of members so staggered that the terms of no more than three members shall expire in any one year. Honorary members (ex officio) shall serve for a term not to exceed one year. -23- Rev. 12/81 2-9-3 MAYOR AND COUNCIL 2-9-6 C. All members shall be residents of the City of Apache Junction except as otherwise provided. Sec. 2-9-3 Salaries and Personal Expenses The members of the City of Apache Junction airport 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 common council . Sec. 2-9-4 Officers The commission shall elect a chairman, vice chairman and secretary from its members to serve for a period of one (1 ) year. The vice chairman shall preside at meetings in the absence of the chairman. Sec. 2-9-5 Rules of Procedure; Power and Duties There is hereby vested in the City of Apache Junction airport commission full power and authority for, and on behalf of the City of Apache Junction, Arizona, to represent said city in any and all negotiations with individuals, corporations, associations, govern- mental agencies, etc. , for the development and promotion of commerce by air in the counties of Pinal and Maricopa and especially the City of Apache Junction, Arizona. The director of public works shall review all the commission' s recommendations and shall submit his recommendations to the council . No contracts or other commitments shall be deemed to have been entered into or made, except in compliance with the provisions of article 3-7 of this code. Sec. 2-9-6 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. -23.1- Rev. 12/81 2-9-7 MAYOR AND COUNCIL 2-10-2 Sec. 2-9-7 Vacancies Vacancies shall be filled in accordance with section 2-9-2 by the city council for the unexpired term of the member affected. Sec. 2-9-8 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 the airport commission' s meetings for more than three (3) consecutive times . After the absence of three (3) consecutive meetings, the remaining members of the airport commission shall vote to retain or recommend to the city council that the absentee member be relieved of his duties on the commission . Article 2-10 INDEMNIFICATION OF OFFICERS, EMPLOYEES AND COUNCILMEMBERS 2-10-1 Definitions 2-10-2 Indemnification 2-10-3 Action Other Than By or In the Right of City 2-10-4 Criminal Proceeding 2-10-5 No Presumption Created 2-10-6 Action By or In the Right of City 2-10-7 Negligence and Misconduct 2-10-8 Success on the Merits 2-10-9 Determination by Council 2-10-10 Payment of Expenses in Advance 2-10-11 Indemnification Not Exclusive Remedy �. Section 2-10-1 Definitions In this chapter unless the context requires otherwise: A. "Person. " Includes officers, employees and city councilmembers of Apache Junction. B. "Proceedin9s ." Includes any threatened, pending or completed action, suit or proceeding, whether civil , criminal , administered or investigated. Sec. 2-10-2 Indemnification Any person made a party or threatened to be made a party to any proceeding by reason of the fact that said person is an officer, employee or city councilnent er of Apache Junction shall be indemnified by the city as hereinafter set forth. • -23.2- Rev. 8/81 ILAN ORDINANCE NO. 108 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE AND ORDINANCE NO. 37 SECTION 2-9-2A, 2-9-2B and 2-9-2C; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL AS FOLLOWS. SECTION I. IN GENERAL Section 2-9-2A shall be amended to read as follows. "The Airport Commission shall consist of seven (7) official members who shall be appointed by the Mayor and approved by the City Council Ex- officio members, without voting privileges, may be designated b; the Mayor with approval of the City Council One (1) ex-officio member may be designated from outside the City limits of the municipality, provid- ing a current pilots license is held and residence is within ten (10) miles of the City limits of the municipality." Section 2-9-2B shall be amended to read as follows- "The appointments shall be for three (3) years each with the terms of members so staggered that the terms of no more than three (3) members shall expire in any one year. Honorary members (ex-officio) shall serve for a term not to exceed one (1) year." Section 2-9-2C shall be amended to read as follows. "All members shall be residents of the City of Apache Junction except as otherwise provided " SECTION II. REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed SECTION III. PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, 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 or invalid by the I►, decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining protions thereof PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this 5th day of August 19S1 • 04,1: y ATTEST. (l/t • Cl rk APPROVLD AS TO FORM r L L'i 3L\k Attorney� ORDINANCE NO 140 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE AND ORDINANCE NO. 108 SECTION 2-9-2A, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL AS FOLLOWS• SECTION I. IN GENERAL Section 2-9-2A shall be amended to read as follows. "The Airport Commission shall consist of seven (7) official members who shall be appointed by the Mayor and approved by the City Council, two (2) official members of the Commission may be designated from outside the City limits, providing residence is within ten (10) miles of the City limits of the municipality Ex-officio members, without voting privileges, may be designated by the Mayor with approval of the City Council. One (1) ex-officio member may be designated from outside the City limits of the municipality, providing residence is within ten (10) miles of the City limits of the municipality " SECTION II REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, 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 or invalid by the decision of any court of competent jurisdiction, such decisions 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 , 1982 a WENDELL J. CLARKE - MAYOR ATTEST. KATHY CONNELLY - CITY CLERK APPROVED AS TO FORM• CITY ATTORNEY ROLL CALL VOTE SHEET NOTES I/0th • ITEM # `-� MEETING OF MOTION BY: De SECONDED BY : SAJA4 YES NO ABSTAINED MAYOR CLARKE COIINCILMA.N D IANO 1� -CDENCIffAN STEELSMITH COI!NCLLMAN HUDSON �1 -CQUNCTI MAN SHANKS -COUNCILMAN FIPSON _ VICE MAYOR HILL UNAN F^.O -S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ITEM # - MEETING OF MOTION BY: f6iy, SECONDED BY : ` *- YES NO ABSTAINED CON ILMAN U C SHANKS , .�. COUNCILMAN STEELSMITH / COUNCILMAN DAMIANO // COUNCILMAN EIDSON 1 ,..COUNC I LMAN HUDSON VICE MAYOR HILL _ MAYOR CLARKE UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 5 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO. 140, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full .. ) Step 2 CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 140 FOR THE SECOND READING . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO . 140, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE AND ORDINANCE NO . 108 SECTION 2-9-2A; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS, APPROVED , FOR APPROVAL ITEM NO . 5 Step 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE READING OF ORDINANCE NO, 140, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED . (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the ordinance in full .) CALL UPON THE CITY CLERK TO READ THE TITLE OF ORDINANCE NO . 140 FOR THE SECOND READING . Step 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO . 140, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE AND ORDINANCE NO . 108 SECTION 2-9-2A; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS, DENIED . FOR DENIAL PQAfCHE ... O1 � rr�Y4! \. !► 07 ';? r.iti,N g " t t It '9RIzOOP `pity oe &4pache 09unction .•. March 10, 1982 MEMORANDUM TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH. CITY MANAGER l �! at DIRECTOR OF PUBLIC WORKS FROM. COMMUNITY SERVICES SUPERINTENDENTA- SUBJECT• SPRINKLER SYSTEM REQUEST At the August 17 , 1981 Regular City Council meeting, a motion unanimously passed giving direction to the City Manager to set aside $6, 000 to purchase materials needed for installation of a sprinkler system at the joint City/ School Ballfield . In addition to the original amount, an extra $4, 000 is re- quired due to materials needed that were not planned in the original request and the never-ending inflation factor . It is my understanding the School District will install the system, assuming the City supplies the material . I feel it necessary to have the School involved in the bidding process to alleviate any possible conflict between the two entities . If the funds are appropriated, approximately 30 days will be needed for the bidding process . At that time, the City Council will be asked to accept the best bid. I will be prepared to answer any questions at the March 16, 1982 City Council meeting . Your consideration of this request is appreciated. Approver for Agenda..._!�'�---' Dat, Item # JB/S S First Re>>dina 3/(c! V. _.. 6. . Smc:::.d ... •. ng .......... . . Pubiic Hearing `.—Old Business . . . New Business 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ROLL CALL VOTE SHEET NOTES PO' r 5/0 ITEM # MEET I NG OF MOTION BY . Sib-74-46 SECONDED BY : YES NO ABSTAINED COUNCILMAN DAMIANO COUNCILMAN SBANKS r/ COUNCILMAN EIDSON COUNCILMAN STEELSMITH COUNCILMAN HUDSON VICE MAYOR HILL MAYOR CLARKE UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 6 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO REVIEW THE CURRENT BUDGET FOR AVAILABLE FUNDS NOT TO EXCEED $4,000 FOR THE PURPOSE OF PURCHASING MATERIALS TO IRRIGATE THE JOINT BALLFIELD PROJECT , THIS AMOUNT WILL BE ADDED TO THE PREVIOUSLY REQUESTED $6,000, AND WILL PROVIDE THE CITY' S SHARE OF THIS IRRIGATION PROJECT, BE IT FURTHER RESOLVED THAT THE CITY MANAGER IS DIRECTED TO INVESTIGATE THE POSSIBILITY OF A JOINT BIDDING PROCESS INVOLVING REPRESENTATION FROM BOTH THE CITY AND SCHOOL DISTRICT, syY 1 (DIA• ( ; O ♦` .ads,._ .ids drIR/ZONP Ztj c C44pac/ e ,o9unct ion DATE: February 22, 1982 MEMORANDUM TO: The Honorable Mayornd Members of the C* - Council /b THRU: City Manager ' 1f FROM: Director of " c Works! �� Director of Public Safety / REGARDING: Establishing Speed Limits Along Southern Avenue, Meridian Drive, Tomahawk Road and Superstition Boulevard. (Agenda Item) As additional speed limit signs are desired along the referenced streets and as the speed limit has not been previously established by the City Council, it is requested that this item be placed on the council agenda of March 2, 1982. s.. RWB/cc /eaApprover for Agenda_ , Date It,rn Firs+Reading r . Second Reading ... Public Hearing ...._._. Old Business New Business = y. 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 RESOLUTION NO 82-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING SPEED LIMITS ON SOUTHERN AVENUE, MERIDIAN DRIVE, TOMAHAWK ROAD AND SUPERSTITION BOULEVARD, WITHIN THE CITY LIMITS OF APACHE JUNCTION, ARIZONA. WHEREAS, it is in the public interest to insure safe, effective and efficient traffic flow along public rights-of-ways within the City limits of Apache Junction, Arizona. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction that the speed limit shall be 35 MPH on Southern Avenue from Delaware Drive to Tomahawk Road, Meridian Drive from Southern Avenue to Lost Dutchman Boulevard, Tomahawk Road from Southern Avenue to Superstition Boulevard and Superstition Boulevard from Meridian Drive to Goldfield Road, except in school zones. BE IT FURTHER RESOLVED that the Director of Public Works is empowered and directed to initiate appropriate action to install the speed limit signs on the streets listed above PASSED this day of 1982, by the Mayor and City Council of the City of Apache Junction, Arizona. WENDELL J CLARKE - MAYOR ATTEST KATHY CONNELLY - CITY CLERK APPROVED AS TO FORM CITY ATTORNEY iii11 111 1111d11 1111il1I ' i11� 1141111Elil1111111111� 11PI11111111111111l111IIII1.1 11a_ . AI LOST DUTCH". tLVO -Anima, —. _ — _ -- ITLO1i YJfCYY1M PLOD l.m 1 4115... ' '. y .... 11 I ..«.,... • .I•.ww.T .«war n AIL. I L JA 1 I 1 I _ IV JAL. RP-L.LL1L �. . • •,,1 1, 18 •n,. •, • • '1 ` �� 7 • ,,g i w:.. 16 .. 1 Ail_ !!! IO W n 1 1 • •1 ( I . ...x. a'•o. 1 P J•.Yr,.u 1L1s_ i ALM- o . .a..�,. ., E / tIl • ...u. .. € f\4+` Q (, �1,raGM n AID_ Jt__ I .,c..u..w., • •• . ....,tom a, • _ , [ : 1'Yt_ 3 t J� r.w n / 1 a••..x.w n _ . ....Taw n Y a.aa-. ffi.� . tell 1 1 . • • A••.,. ,11.._ r �:- .ao a 1 , T 1WCN[TiTION •IVD ��"u� [ • IU•INITITIDN [LVD, e ,_ - •_. .• :.t�:� . ., .`�»`., W ..x.. Al • ..., ., I ) PON .s9a_. 11 p..,. ---,,1-.<IK.. • .,,,,,r•., a 1 . Y... 0'. . .<. I ,=s.. 1ts._ U1.r,w..,,�1.:• w,w.n ;nrt�,. • .w.,., ,' • v 22 • f 1-I a I•_-'L'L4l uy 11(• t I 1aa_ 0 L 19 i r 1 A.ACNC _ •Trim, '_r»«.N'. . 21 Nutt WO r n t �, 1 •EGG • 7x • • •� I -IL— Jag— Cr " -41111, 4fVd�� T - . 11..n 1tL . , f " I e _. 1•, 1 Ir• xA ,,,,_ o I , i ` x, la"r P1��I 1 � 1 � •� t ` t N [ I •. , t itt 1 •.. tat_ 1 `•l..l. i ' 111 a g.a�~ ' - P . ' .. 2 ,. .. ..,. a .:. ,1 Jill- ' w'Yi "ROADWAY • ]1 AYE: I[ BROADWAY W[. . .00 " I • yi# .flr a a, .._.rr. L I I 4 1 - I a o » „O r n.w 5 6. ,...., .. 1 .Jew c 1Je ., ._ 1 [O t '.. ., . , :e 1•• r.[ [ i t� `d `1. ,.«w 4 v 10,, e 1 A.•, -OIL- Ara t- i 11 / ' ' _ a.. �9'- M; . • - w'»., , • •.,.«t 1 [ , .., . I y 1'p 1.. •tf r_S ,o. • .. •7 . •,,, • 1 • . �� o t i 30 29" i e [ , , Ya.. �,'. a - 27 Aare_ 1 9 E a 5 ...,..,. , - '== ... .'f •• a '•» s- 1 ,r [ I i l ? ,Y.Y�4P.s «. .,. .• • v 1t t ..» x .t «. .,a.••., . _ p tP ,tr.n e D ,u".+_ v . Ayo_ 11aa_ . •• -/AIR ..... M i a] .Is•M i . 7t( i . l� J� r LOUT at RN I AYC 1 '[ - . I sOUTN[RN w�` .•eo _um_ OFFICIAL ,Ts STREET NAMING MAP t� _in_ —,- 1 APACHE JUNCTION, .1,.1- -1 Ex1>r 3S MPH I ARIZONA _i.,_ JAL_ 32 « III .▪.". ww. ^Jr L�"•`o ...• Ir La._ l lo 11 4. H ,� 1 1M_ ". r ._ r� i.. . .� w .J _JUL- ... - III 1111 II II 111 =1 II 1 i II II II i 1l 1 il 11i II II II II II 41111111 .1 ;I 11 vi 1 v1 vl 1 1 1 1 11 vl 11 11 11111 11 111 111111111111 ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED MAYOR CLARKE COUNCILMAN DPMIANO rniINcIiJiAN STEELSMITH . COUNCILMAN HUDSON —COUNCTI MAN SBANKS —COUNCILMAN FIDSON _ VICE MAYOR HILL UNANITMOUS IN FAVOR J OPPOSED } ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF 15/ 4V MOTION BY: SECONDED BY: /)1-e YES NO ABSTAINED COUNCILMAN STEELSMITH V COUNCILMAN SHANKS MAYOR CLARKE COUNCILMAN HUDSON V COUNCILMAN DAM IANO i1 VICE MAYOR HILL COUNCILMAN EIDSON / UNANI""OUS , IN FAVOR OPPOSED ABSTAINED TOTAL / OmN eS ITEM NO , 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 82-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING SPEED LIMITS ON SOUTHERN AVENUE, MERIDIAN DRIVE, TOMAHAWK ROAD AND SUPERSTITION BOULEVARD, WITHIN THE CITY LIMITS OF APACHE JUNCTION, ARIZONA, BE AND HEREBY IS, APPROVED . PQACHF✓ Q G2 O ~ 1,k r}t'' § O V .,k,'. aTf w vim*'Z f --v (6 gRi;C;0 its 4 C pache cOunctian Approver for Agenda February 22, 1982 ��-•--..••., jive Ihm First Reading Q -/( , .. Second Reading .d_1��1 MEMORANDUM TO: HE HONORABLE MAYOR AND CITY COUNCIL Public Hearing 91d Business THROUGH: JAMES TUVELL, JR. , CITY MANAGER _-1/New Business FROM: OE GERO, DIRECTOR OF PLANNING CHUCK NEWCOMER, ASSOCIATE PLANNER SUBJECT: Comments on Arizona House Bill HB2129. Reference Title: Mandatory Solar Access On January 12, 1982 this bill was introduced by the Committee on Natural Resources and Energy as an amendment to the zoning enabling legislation. Section 9-462.01(A) . (3) , "the legislative body of any municipality may --- regulate --- access to incident solar energy" would be replaced by Section 9-462.01(B) , "Pursuant to this Article, the legislative body of a municipality by ordinance shall regulate access to incident solar energy". In my opinion, this proposed legislation is both too broad and too vague to be effectively implemented by a municipality. Insuring access of inci- dent solar energy involves a number of factors ; some, but not all , of which may be effectively regulated through zoning as • building height and orientation, street layout, subdivision design, topography, and vegetation. In addition, the necessary degree of access to solar energy is undefined and could vary widely according to individual circumstances. For example, insuring solar energy access for rooftop water heater col - lectors is usually relatively simple while insuring access for entire south walls of buildings, yards for ground mounted collectors, or even clotheslines is impractical in many situations. In conclusion, the mandating of these regulations without more specific guidelines and intentions from the legislature could result in far- reaching urban form changes , many of which are impossible to calculate at this time and would undoubtedly conflict with other equally important community development goals 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 f RESOLUTION NO 82-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THE CITY COUNCIL'S OPPOSITION TO THE PASSAGE BY THE ARIZONA STATE LEGISLATURE OF HOUSE BILL 2129, MANDATORY SOLAR ACCESS WHEREAS, there exists permissive legislation whereby a munici- pality may regulate access to incident solar energy; and WHEREAS, the proposed language is vague as to limitation and type of regulation for incident solar energy (for example, would a property owner, perhaps, have to refrain from having trees that block solar access from a neighbor), and WHEREAS, the language in the strictest sense could result in far-reaching urban form changes, including the environment, and WHEREAS, mandatory legislation would require having professional staff to enforce the mandated regulations, said staff to have certain expertise and for which many small communities simply have not budgeted, and WHEREAS, the legislation does not define the degree of incident solar energy to be regulated; NOW, THEREFORE, the City Council of the City of Apache Junction, Arizona, does hereby declare its opposition to the passage by the Arizona State Legislature of House Bill 2129 BE IT FURTHER RESOLVED that the City Clerk is hereby directed and authorized to send certified copies of this resolution to the Arizona legislative delegation from this area and to Governor Bruce Babbitt PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of 19 WENDELL J CLARKE Mayor eg ATTEST KATHY CONNELLY Acting City Clerk APPROVED AS TO FORM \2--\ City Attorney ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED I COUNCILMAN STEELSMITF COUNCILMAN �DSDN COUNCILMAN DAMIANO _ COUNCILMAN SHANKS COUNCILMAN EIDSON - V HILL MAYOR CLARKE UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES 41( 9- ° i4 ITEM # MEETING OF 5/7& MOTION BY: SECONDED BY: fi6-11" YE NO ABSTAINED COUNCILMAN SHANKS 1_ COUNCILMAN) DAMIANO G� COUNCILMAN STEELSMITH V VICE MAYOR HILL (77 COUNCILMAN HUDSON V COUNCILMA N EIDSON MAYOR CLARKE UNAN I" US , IN FAVOR OPPOSED J ABSTAINED TOTAL } ITEM NO , 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 82-09, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THE CITY COUNCIL'S OPPOSITION TO THE PASSAGE BY THE ARIZONA STATE LEGISLATURE OF HOUSE BILL 2129, MANDATORY SOLAR ACCESS, BE AND HEREBY IS, ADOPTED AND APPROVED , PQ�CNE✓ � G,y ka '4R/zoc�PTg io at. cGceunction March 11, 1982 MEMORANDUM TO- THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: CITY MANAGER FROM: CITY CLERK SUBJECT: PROPOSED RESOLUTIONS NO. 82-08 AND 82-11 Attached for your review are two separate resolutions written in opposition of House Bill 2383, pertaining to the regulation of cable television. Both of these resolutions contain the same provisions, however, Proposed Resolution No. 82-11 carries the opposition a bit farther and emphasizes the City's right to be involved in the programming and installation aspects of cable television. This second resolution was drafted at the request of Councilman Hudson. If you have questions or wish additional information, please contact me. :?::_2.-1.4:/fia.-7-t____.- az 7telli Kathleen Connelly City Clerk kmc Approver for Agenda____ ____._. First Reading . ---9---_ Second Reading ..—.—.._ __ _—„ _ . Public Hearing .__ Old Business 1iNew Business 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 I � � 4,, • n ip V In f7 r • 3, Z 'IP/Z0141'.' V ity o7 &4puche cOunction ''` DATE- February 23, 1982 PO. City Council THRU• City Manager FROM- Director of Public Works Ic)i) t, Ar SUBJECT- Cable TV - Agenda Iten Attached is correspondence from the City of Glendale, expressing thier desire of support to oppose H B 2383, which would seriously limit cities ability to regulate cable television companies. Attached is a resolution for consideration by the Council. Please place this item on the Council agenda for March 2, 1982. Approver for Agenda../2.- First Reading `3,C fo, ,.'#1,1 Second Reading ..._...._..._ Public Hearing �Old Business New Business 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 - ND Algab", CITY OF GLENDALE .44110,0 Date February 17 , 1982 '1IZO1"1 . To Martin Vanacour , Assistant City Manager _ •r1 se , From Tim Ernster , Administrative Assistant Ff_., ; c;IT[11:;: ^,a Subject Resolution Opposing HB-2383 REASON FOR CONSIDERATION The City Council must approve Resolutions . RECOMMENDATION Approve the attached Resolution which opposes HB-2383 , a state bill that would seriously limit the City 's ability to regulate cable television companies GENERAL INFORMATION 1 . History , facts , current situation and departmental analysis . On February 4, 1982 , State Representatives English and DeLong submitted a bill into the State Legislature, which could seriously limit the City ' s ability to regulate cable television systems . During the 19-month cable television licensing process , many workshops and public hearings were held in which citizens had ample opportunity to input into the licensing process . Many of the citizens ' concerns related to the City ' s ability to exert some control over the company ' s operations in the community. Concerns were expressed about property rights , rates , service, and other issues. While establishing a ceiling on franchise fees and also prohibiting the City from owning a cable system, the legislation goes further to restrict the cities from imposing conditions upon the construc- tion, operation, and maintenance of the cable television system. The citizens of Glendale have clearly expressed their concern about issues relating to this area , and City staff feels strongly that every effort should be made to oppose this legislation. The attached Resolution formerly states the position of the City Council opposing this legislation and lists the reasons for op- position to the legislation. 2 Cost Estimates Not Applicable PQACHE ff (( 4 c4pache 2unction IDATE. February 23, 1982 T0. City Council THRU• City Manager r Chi: Director of Public jk,t IJorks )� ipo SUBJECT. Cable TV - Agenda Item Attached is correspondence from the City of Glendale, /". expressing thier desire of support to oppose II B 2383, which ould seriously limit cities ability to regulate cable television companies. Attached is a resolution for consideration by the Council. IPlease place this item on the Council agenda. for March 2, 1982. Approver for Agenda Date Item # First Reading � Second Reading Public Hearing Old Business ".. New Business 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 4110 RESOLUTION NO 82-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, FINAL COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE. AND DECLARING AN EMERGENCY WHEREAS, House Bill 2383 was introduced for legislative consideration on"IN February 4, 1982, and WHEREAS, House Bill 2383 will adversely affect the City's ability to insur, control of cable television construction, operation, and maintenance, and WHEREAS, House Bill 2383 may eliminate the availability of access channels for use by Apache Junction citizens, and WHEREAS, House Bill 2383 removes all controls on rate regulation in a defacto monopolistic situation, and WHEREAS, there appears to be a reasonable desire for the City to exert a certain amount of control over the construction, operation, and maintenance of the cable television system, and WHEREAS, the City has considered a complex television licensing process intended to provide the controls requested by the citizens of Apache Junction. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the Citels of Apache Junction oppose House Bill 2383 and urge the members of the Arizona 35th Legislature to vote against its passage. WHEREAS, the immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health and safety of the City of Apache Junction, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council of the City of Apache Junction, and it is hereby exempt from the referendum provisions of the Constitution and the laws of the State of Arizona. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Apache Junction, Pinal County, Arizona, this day of , 1982 WENDELL J CLARKE - MAYOR ATTEST' KATHY CONNELLY - CITY CLERK APPROVED AS TO FORM' CITY ATTORNEY STATE OF ARIZONA REFERENCE TITLE cable television; 35th LEGiSLATURE licensing; ownership SECOND REGULAR SESSION I Referred on February 4 , 1982 HOUSE Rules Counties & Municipalities a `S 2383 Commerce Introduced February 4, 1982 Introduced by Representatives English: De Long AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; PRESCRIBING LIMITATION ON LICENSING AUTHORITY OVER CABLE TELEVISION SYSTEMS: PROVIDING FOR PERMIT FEE FOR CABLE TELEVISION SYSTEMS; PROVIDING THAT A MUNICIPALITY OR COUNTY MAY NOT OWN A CABLE TELEVISION SYSTEM OR ANY OTHER PAY TELEVISION SYSTEM, AND AMENDING SECTIONS 9-506, 9-511 AND 11-201, ARIZONA REVISED STATUTES. 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Section 9-506, Arizona Revised Statutes, is amended to 3 read: '1.4' 4 9-506. Authority to issue license 5 A. For the purpose of authorizing and regulating the construction, 6 operation and maintenance of cable television systems, the licensing 7 authority of a city or town for an incorporated area, or the licensing 8 authority of the county for unincorporated areas, either individually or 9 jointly by intergovernmental contract, may issue a license to any person to 10 use public streets, roads and alleys. , :r'' :hs77 -pccc ::rd;t crs, 11 r�:tr ._t :nC th-e- :2 Df :J-c h :i:`_'T : :tr:_t:, _ads 12 -„cy:, :-d Jpc' t4a car,ctr..ct ,cr, op-cr:t; :.. :r —: , tcr:rcc :f 13 t2'c5•'c' cn cyctc- . 14 B. Any such licensing authority may adopt resolutions or ordinances 15 implementing and controlling the license cr :-rt ' cc-..cc TO USE PUBLIC 16 STREETS, ROADS AND ALLEYS. The license issued by a licensing authority may 17 contain provisions; and may establish a permit fee, -act `c `h2 18 ', . ,, , ::tat ' :Lcc' ty t` e rcdcr_' : Gen t:t' :nc c: 7.,;: :'� . FOR THE USE 19 OF THE PUBLIC WAYS, NOT TO EXCEED FIVE PER CENT OF THE LICENSED CABLE 20 TELEVISION SYSTEM' S GROSS REVENUES PER YEAR FOR ALL CABLE SERVICES IN THE 21 COMMUNITY . THE LICENSE SHALL NOT PROVIDE FOR CONTROL 3Y THE LICENSING 22 AUTHORITY OF CABLE TELEVISION PROGRAM CONTENT OR SUBSCRIBER RATES. In 11/4 r. 1 Sec. 2. Section 9-511, Arizona Revised Statutes, is amended to 2 read: 3 9-511. Power to engage in business of public 4 nature; exception; right of eminent domain 5 A. A municipal corporation may engage in any business or enterprise 6 which may be engaged in by persons by virtue of a franchise from the 7 municipal corporation;-- and may construct, purchase, acquire, own and 3 maintain within or without its corporate limits any such business or 9 enterprise. A municipal corporation may also purchase, acquire and own 10 real property for sites and rights-of-way for public utility and public 11 park purposes, and for the location thereon of water works, electric and 12 gas plants, municipal quarantine stations, garbage reduction plants, 13 electric lines for the transmission of electricity, pipc PIPELINES 14 for the transportation of oil, gas, water and sewage, and for plants for 15 the manufacture of any material for public improvement purposes or puolic 16 buildings. 17 B. NOTWITHSTANDING ANY OTHER STATUTE, A MUNICIPAL CORPORATION SHALL 18 NOT OWN A4C�nBB : TESL ON SYSTEM OR ANY OTHER PAY TELEVISION SYSTEM. 19 � C:— municipality may exercise the right of eminent domain 20 either within or without its corporate limits for the purposes as stated in 21 subsection A of th; ;c :ct n, and may establish, lay and operate a plant, 22 electric line or pipe ,;.,e PIPELINE upon any land or right-of-way taken 23 thereunder, and may manufacture material for public improvement purposes 24 and barter or exchange it for other material to be used in public 25 improvements in the municipal corporation, or sell it to other municipal 26 corporations for like purposes, and for any and all such purposes. 27 Sec. 3. Section 11-201, Arizona Revised Statutes, is amended to 28 read: 29 11-201. Powers of county 30 A. The powers of a county shall be exercised only by the board of 31 supervisors or by agents and officers acting under its authority and 32 authority of law. It has the power to: 33 1. Sue and be sued. 34 2. Purchase and hold lands witnin its limits. 35 3. Make such contracts and purchase and hold such personal property 36 as may be necessary to the exercise of its powers. 37 4. Make such orders for the disposition or use of its property as 38 the interests of the inhabitants of the county require. 39 5. Levy and collect taxes for purposes under its exclusive 40 jurisdiction as are authorized by law. 41 B. A COUNTY SHALL NOT OWN A CABLE TELEVISION SYSTEM OR ANY OTHER PAY 42 TELEVISION SYSTEM. # eon�C�jgG - E" Resolution Opposing HB-2383 February 17 , 1982 Page 2 3 . Time Frame City staff is requesting that this Resolution be adopted as soon as possible, as the legislation will be up for hearing before the House committees in the very near future. �.� ACTION REQUESTED That the City Council adopt the attached Resolution Pr pare - Tim Ernster City Manager Mana er Review Administrative Assistant TE/cb Attachment l01111N RESOLUTION NO 82-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE. AND DECLARING AN EMERGENCY WHEREAS, House Bill 2383 was introduced for legislative consideration on February 4, 1982, and WHEREAS, House Bill 2383 will adversely affect the City's ability to insure control of cable television construction, operation, and maintenance, and WHEREAS, House Bill 2383 may eliminate the availability of access channels for use by Apache Junction citizens, and WHEREAS, House Bill 2383 removes all controls on rate regulation in a defacto monopolistic situation; and WHEREAS, there appears to be a reasonable desire for the City to exert a certain amount of control over the construction, operation, and maintenance of the cable television system, and WHEREAS, the City has considered a complex television licensing process intended to provide the controls requested by the citizens of Apache Junction NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction oppose House Bill 2383 and urge the members of the Arizona 35th Legislature to vote against its passage. WHEREAS, the immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health and safety of the City of Apache Junction, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council of the City of Apache Junction, and it is hereby exempt from the referendum provisions of the Constitution and the laws of the State of Arizona. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Apache Junction, Pinal County, Arizona, this day of , 1982 WENDELL J. CLARKE - MAYOR ATTEST. KATHY CONNELLY - CITY CLERK APPROVED AS TO FORM. CITY ATTORNEY �, II RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE, AND DECLARING AN EMERGENCY r►, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that. WHEREAS, House Bill 2383 was introduced for legislative consider- ation on February 4, 1982; and WHEREAS, House Bill 2383 will adversely affect the City's ability to insure control of television construction, operation, and maintenance, and WHEREAS, House Bill 2383 may eliminate the availability of access channels for use by Apache Junction citizens, and WHEREAS, House Bill 2383 removes all controls on rate regulation in a defacto monopolistic situation, and WHEREAS, there appears to be a reasonable desire for the City to exert a certain amount of control over the construction, operation, and maintenance of the cable television system, and WHEREAS, the City has considered a complex television licensing process intended to provide the controls requested by the citizens of Apache Junction. WHEREAS, House Bill 2383 will take away the City's right to provide programs that are desirable and beneficial to the citizens of Apache Junction; and WHEREAS, House Bill 2383 will effectively remove the City of Apache Junction's right to govern itself locally in the area of cable television service, and WHEREAS, municipal governments are more knowledgeable and sensitive to the programming and installation method needs of its citizens than other governmental agencies or private concerns. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction oppose House Bill 2383 and urge the members of the Arizona 35th Legislature to vote against its passage. WHEREAS, the immediate operation of the provision of the Resolution is necessary for the preservation of the public peace, health and safety of the City of Apache Junction, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after it passage, adoption and approval by the Mayor and Council of the City of Apache Junction, and it is hereby exempt from the referendum provisions of the Constitution and the laws of the State of Arizona. PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 1982 WENDELL J. CLARKE Mayor Resolution No. 82-08 Page One of Two t OPIN ATTEST: KATHLEEN CONNELLY Acting City Clerk APPROVED AS TO FORM City Attorney Resolution No. 82-08 Page Two of Two Wa RESOLUTION N NEW SERIES A RESOLUTION OF TEE CI COUNCIL OF THE CITY OF GLENDALE, MARIeOPA COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE, AND DECLARING AN EMERGENCY WHEREAS, House Bill 2383 was introduced for legislative Aft. consideration on February 4, 1982, and WHEREAS, House Bill 2383 will adversely affect the City's ability to insure control of cable television construction, operation, and maintenance, and WHEREAS, House Bill 2383 may eliminate the availability of access channels for use by Glendale citizens, and WHEREAS, House Bill 2383 removes all controls on rate regu- lation in a defacto monopolistic situation, and WHEREAS, the citizens of Glendale have clearly expressed the desire for the City to exert a certain amount of control over the construction, operation, and maintenance of the cable television system, and WHEREAS, the City has just completed a complex television licensing process intended to provide the controls requested by the citizens of Glendale NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Glendale oppose House Bill 2383-and urge the members of the Arizona 35th Legislature to vote against its passage WHEREAS, the immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health and safety of the City of Glendale, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council of the City of Glendale, and it is hereby exempt from the referendum provisions of the Constitution and the laws of the State of Arizona Amok PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, Maricopa County, Arizona, this day of , 1982. MAYOR ATTEST. CI) �p City Clerk APPROVED AS TO FORM. City Attorney REVIEWED BY. Assistant City Manager ROLL CALL VOTE SHEET NOTES ITEM II MEETING OF MOTION BY: SECONDED BY : YES NO ABSTAINED COUNCILMAN DAMIANO COUNCILMAN EIDSON �.J COUNCILMAN HUDSON COUNCILMAN SHANKS COUNCILMAN STEELSMIT VICE MAYOR HILL MAYOR CLARKE UNANIMUS , IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES ITEM /I MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED cnuNCII MANIY1MIANO COUNCILMAN EIDSON COUNC ILMAN HUDSON MAYOR Ci ARKE- _VICF MAYOR HILL ,_.COUNCILMAN STEELSMITH COUN.0 II MAN SHANKS UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO , 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 82-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE, AND DECLARING AN EMERGENCY, BE AND HEREBY IS, APPROVED. RESOLUTION NO. 82-11 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE, AND DECLARING AN EMERGENCY BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: WHEREAS, House Bill 2383 was introduced for legislative consider- ation on February 4, 1982, and WHEREAS, House Bill 2383 will adversely affect the City's ability to insure control of television construction, operation, and maintenance, and WHEREAS, House Bill 2383 may eliminate the availability of access channels for use by Apache Junction citizens; and WHEREAS, House Bill 2383 removes all controls on rate regulation in a defacto monopolistic situation, and WHEREAS, there appears to be a reasonable desire for the City to exert a certain amount of control over the construction, operation, and maintenance of the cable television system, and WHEREAS, the City has consir''ere<' a complex television licensing process intended to provic'o the -ontrols requested by the citizens of Apache Junction. WHEPEA' , Pc;se 3i11 2383 will take away the City's right to provide programs that are desirable and beneficial to the citizens of Apache Junction; and WHEREAS, House Bill 2383 will effectively remove the City of Apache Junction's right to govern itself locally in the area of cable television service, and WHEREAS, municipal governments are more knowledgeable and sensitive to the programming and installation method needs of its citizens than other governmental agencies or private concerns. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction oppose House Bill 2383 and urge the members o4 the Arizona 35th Legislature to vote against its passage. WHEREAS, the immediate operation of the provision of the Resolution is necessary for the preservation of the public peace, health and safety of the City of Apache Junction, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after it passage, adoption and approval by the Mayor and Council of the City of Apache Junction, and it is hereby exempt from the referendum provisions of the Constitution and the laws of the State of Arizona PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this 2nd day of March , 1982 WENDELL J. CLARKE Mayor Resolution No. 82-11 Page One of Two ATTEST: 91111/ KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM- City Attorney I Resolution No. 82-11 Page Two of Two ROLL CALL VOTE SHEET NOTES 4g7//' ITEM # q MEETING OF ` MOTION BY : 4- erk,] SECONDED BY: YE NO ABSTAINED COUNCILMAN HUDSON COUNCILMAN EIDSON COUNCILMAN SHANKS 1,// VICE MAYOR HILL �✓ COUNCILMAN DAMIANO MAYOR CLARKE_ v COUNCILMAN STEELSMITH V ' UNANIm0 S IN FAVOR OPPOSED I ABSTAINED r , TOTAL l ITEM NO . 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 82-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, OPPOSING HOUSE BILL 2383, PRESENTLY UNDER CONSIDERATION BY THE STATE OF ARIZONA 35TH LEGISLATURE, AND DECLARING AN EMERGENCY► BE AND HEREBY IS, APPROVED . by (jc. '.�r�' 4a1'*i3 7et4 �'; 0 x b ,� h t4 A U *„,„,;t ,w p g sib .: / fik 4p,ZoVIix C6it y o 0rache cOunctaon March 10, 1982 r MEMORANDUM TO- , THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH �'' CITY MANAGER FROMIL CITY CLERK SUBJECT: PROPOSED RESOLUTION NO. 82-12 (REQUESTED BY COUNCILMAN STEELSMITH) As you are aware, the City has been receiving its share of the Local Transportation Assistance Fund (lottery funds) for the past several months . The revenue generated by the lottery is projected to reach as high as $38 million dollars , state-wide, in 1983 . At present, this revenue is restricted solely for highway user and transportation purposes . Senate Bill 1362 would still designate the first $19 million of the lottery monies for the Local Transportation Assistance Fund, however, the next $5 million would go for a "Community Enrichment Fund" , and the balance to transportation-related projects . Each city or town, at their own option, would be able to authorize ...., a percentage of their share of the Local Transportation Assis- tance Funds for cultural, educational , historical , recreational or scientific facilities or programs . Apache Junction, with a population over 10, 000 , could only use up to 10% of the share of the lottery funds for these projects . This percentage would have to be matched by donations or non- public monies before the funds could be used in these areas . Councilman Steelsmith has requested that a resolution be drafted in support of Senate Bill 1362 in anticipation of using some of these funds for the library, parks , etc . If you wish additional information, please contact me. s Approver for Agenda...�.), Cl��' '.e4)cam (_!-----x_x_c_14 athleen Connelly (1 DO* I+•"' City Clerk First Reading `�/ / -� Second Recchng •.__ kmc Public :-1aarIng — -� ad Business 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE 0�2j 982-813a' RESOLUTION NO 82-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING SUPPORT FOR SENATE BILL 1362, LOTTERY FUND USE, AS AMENDED BY THE FINANCE COMMITTEE, AND URGING ITS PASSAGE BY THE STATE OF ARIZONA 35TH LEGISLATURE WHEREAS, the City of Apache Junction has a population in excess of 10,000 residents and is presently receiving a distribution of Lottery Funds based on this population, and Amok WHEREAS, the City of Apache Junction has recently acquired a library facility and will, in the future, seek to improve this facility and to provide additional avenues of community enrichment in the areas of the arts and the humanities; and WHEREAS, Senate Bill 1362, Lottery Fund Use, as amended by the Finance Committee, would enable Apache Junction to exercise an option with regard to use of these lottery funds and permit the authorization of ten-percent (10%) of the funds distributed under the Local Transportation Assistance Fund to be used for cultural, educational, historical , recreational or scientific facilities or programs when matched by non-public funds NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Apache Junction, Arizona, that the City Council hereby recommends to the State of Arizona 35th Legislature, the passage of Senate Bill 1362, Lottery Fund Use, providing the City of Apache Junction with a local option regarding the use of lottery funds by permitting ten-percent (10%) of Local Transpor- tation Assistance Fund monies to be used for community enrichment when matched by outside funds PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction, Arizona, this day of , 19 Wendell J. Clarke Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM: City Attorney ROLL CALL VOTE SHEET NOTES 4.... / / -2- ITEM # (6 MEETING OF -3/t/ MOTION BY : U41SECONDED BY: YES NO ABSTAINED VICE MAYOR HILL .� COUNCILMAN. STEELSMITH V / COUNCILMAN HUDSON V COUNCILMAN EIDSON v YOR CLARKE _ I,/OUNCILMAN DAMIANO V LI MAN SHANKS IUN V( I UNANIr^OUS , IN FAVOR OPPOSED I ABSTAINED TOTAL ITEM NO , 10 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO , 82-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING SUPPORT FOR SENATE BILL 1362, LOTTERY FUND USE, AS AMENDED BY THE FINANCE COMMITTEE, AND URGING ITS PASSAGE BY THE STATE OF ARIZONA 35TH LEGISLATURE, BE AND HEREBY IS, APPROVED . HE✓ I AC U �s t s3 t• 1- d p�y'gi z 'IR/Z00* `Oily o C pache 09unction ... March 5, 1982 MEMORANDUM To : THE HONORABLE MAYOR AND CITY COUNCIL 00 THROUGH: -AL JAMES TUVELL, JR. , CITY MANAGER 1 FROM• � JOE GERO, DIRECTOR OF PLANNINa SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUEST FOR AGENDA ITEM - MARCH 16, 1982 The staff is pursuing the CDBG program. Sometime in April will be a deadline to submit a letter of intent to apply for the grant. The letter does not have to be specific as to the pro- posed grant project (s) . Therefore, an attached recommended letter is attached for City Council consideration. The letter does two things. It alerts CAAG of the city's inten- tion. Secondly, it tells CAAG staff that we may desire to have CAAG visit with city officials to discuss the program. JWG:j l Approver for Agenda__....1�/ Deis Item # First Reading :-Vi.1e.&3 ,_...!.,L,. Second Reading .. ........... ,...,,,,.,, Public Hearing _. Old Business .. New Business 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 (L'irsP4CH--e: ..Pr G Nts gR,iox-o- o (94pache unction r March 16, 1982 Central Arizona Association of Governments P.O. Drawer JJ Florence, Arizona 85232 Attention: Phillip Goldsberry Dear Mr. Goldsberry: RE: Letter of Intent Community Development Block Grant This letter expresses the intent of the City of Apache Junction, Arizona, to apply for a Community Development Block Grant in the amount of $75,000. Thank you for your attention to this matter. Sincerely, Wendell J. Clarke Mayor WJC:jl 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 ROLL CALL VOTE SHEET NOTES • ITEM # ( 1 MEETING OF 5/02 -- MOT I ON BY: CFYI1 SECONDED BY: 414 Y NO ABSTAINED COUNCILMAN EIDSON COUNCILMAN DAMIANO MAYOR CLARKE V _COUNCILMAN STEELSMITH COUNCILMAN SHANKS \! • .COUNCILMAN HUDSON VICE MAYOR HILL ti/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO . 11 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE LETTER OF INTENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT TO THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS, BE AND HEREBY IS, APPROVED . ROLL CALL VOTE SHEET NOTES 1111)1 Ur ITEM # MEETING OF �' 49 MOTION BY: 541lieSECONDED BY: loW Y NO ABSTAINED MAYOR CLARKE COUNC I LMA PM IANO ( V CfIINCILAN STEELSMI4 COUN r,AN HUDSON ON C T I _COIJNCTI MAN SHANKS _COUNCILMAN FTDSON VICE MAYOR HILL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL /y ITEM NO , 12 BE IT RESOLVED BY THE MAYOR AND CIT COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A WORK SESSION 'BE HELD IN THE CITY COMPLEX ON THE 6TH DAY OF APRIL, 1982, AT 6: 00 P .M . "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A SPECIAL WORKSESSION OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION TO DIS- CUSS THE DRAFT RECOMMENDATIONS ON THE GENERAL PLAN IS HEREBY CALLED FOR 7: 00 P . M. , ON , 1982, IN THE COMMUNITY SERVICES BUILDING. " OPTIONAL DATES : MONDAY, MARCH 22 THURSDAY, APRIL 1 "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A SPECIAL WORKSESSION OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION TO DIS- CUSS THE DRAFT RECOMMENDATIONS ON THE GENERAL PLAN IS HEREBY CALLED FOR 7:00 P . M. , ON 1982, IN THE COMMUNITY SERVICES BUILDING, " *OPTIONAL DATES : MO Y,,-NARCH 22 THURSDAY, APRIL 1 ROLL CALL VOTE SHEET NOTES • le-7V t�i I ITEM # MEETING OF MOTION BY: 4SECONDED BY : YE NO ABSTAINED COHNCII MANI IMIAN0 COUNCILMAN EIDSON COILNC ILLAN EIDSON MAYOR CLARKE L/ _VLF MAYOR HILL COUNCILMAN SIFF] SMITH // I MAN COUNCII SHANKS UNAN I r,OUS , IN FAVOR OPPOSED j ABSTAINED TOTAL "BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT A SPECIAL WORKSESSION OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION TO DIS- CUSS THE DRAFT RECOMMENDATIONS ON THE GENERAL PLAN IS HEREBY CALLED FOR 7:00 P . M. , ON _-- * , 1982, IN THE COMMUNITY SERVICES BUILDING. " *OPTIONAL DATES : kONDAY, MARCH 22 \THURSDAY, APRIL 1 4111ft. AM. ,...; fr, ', . . - h II APACHE JUNCTION AREA COMMUNITY FOUNDATION WEEK WHEREAS , the City of Apache Junction is a growing entity with a steadily increasing population, and WHEREAS , Apache Junction, still in its infancy, does not have the resources to provide all services required by its residents ; and WHEREAS , the Apache Junction Area Community Foundation is an organization of private citizens in the Apache Junction area working toward a common need; and WHEREAS , this Foundation has been established to aid and encourage the well-being of all residents regardless of race , color or creed, NOW, THEREFORE , I , Wendell J. Clarke, Mayor of the City of Apache Junction, Arizona, do hereby proclaim March 21st through March 27th as "APACHE JUNCTION AREA COMMUNITY FOUNDATION WEEK" and do urge all citizens to . Support the Apache Junction Area Community Foundation' s efforts to improve the quality of life in Apache Junction, and Encourage others to understand the Foundation' s goals of improving the living and working con- ditions for Apache Junction residents , and Show individual support by attending the Community Foundation "Kick Off Dance" on March 27 , 1982 . Signed this 16th day of March, 1982 . ,t�d1 / y - �j- / f ..a'_-----‹______ - , `` Wendell J Clark'e .-y:` Mayor asp.. �.. . ♦ p«d jir d. `., to �i "'. .....b. , jC - fir. ROLL CALL VOTE SHEET NOTES r(fYi'lr A 01-6 yo77‘, tl r,h/dv ITEM # MEETING OF MOTION BY : SECONDED BY : / O ' YENO ABSTAINED COUNCILMAN SHANKS COUNCILMAN DAMIANO COUNCILMAN STEELSMITH ✓ VICE MAYOR HILL ` COUNCILMAN HUDSON L/ COUNCILMAN EIDSON / .MAYOR CLARKE UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL MOTION Be it resolved by the Mayor the City Council that the proposed business called the "Poodle Palace" would be no more obnoxious or detrimental to the welfare of the community than the enterprises or businesses already listed as approved uses under Section 1501.b. of the Land Development Code of the City of Apache Junction; and th x.ar mould be givens^ate- pzav i .-at.n,k.t tAW" .vn 44.4t_ ca.,t aitc. . . 15 O 1 . b. ct `L 61- «tk. ROLL CALL VOTE SHEET NOTES (1)4--/ JO- fA • ITEM # MEETING OF 1� MOTION BY: SE O /ow C NDED BY: YES NO ABSTAINED MAYOR C1 ARKE v Cnl1NCILh1A.N DP.1I.gN0 r v —C.01JNCIU1AN STEELSMIT_H 1 COUNCIL`LAN HUDSON —CQUNCTI M4N SHANKS --COUNCILMAN FTDSON VICE MAYOR HILL UNAN I r^.OUS , IN FAVOR OPPOSED j ABSTAINED TOTAL ?ACHE jaIN O 4 0 �,: z DEPARTMENT OF PUBLIC SAFETY Aft- "I PIZON �l/it o 44uce�2 2unction P � � W E McDANIEL March 8, 1982 Memorandum To: Honorable Mayor and City Council From: Director of Publ'c Safety t' /!, Thru: City Manager `mt io Subject: Departmental rt - February 1982 Attached you will find our departmental report for February, 1982. Our accident total for this month has dropped from our January figure. We shall see if this trend continues into the March period which still reflects the large seasonal influx. DWI's are down as are Burglaries and Larcenies. Perhaps this trend, also, will continue. Several times each week our Detectives are going out into the community to give Crime Prevention presentations which includes the "Neighborhood Watch" concept. Traffic Safety and Gun Safety programs are also being conducted by our Officers to further enlighten members of the community in these areas of concern. We shall see how these programs continue to impact our totals. Animal Control was busy for February. The totals are as follows: Complaints: 96 Impound Fees: $140.00 License Fees: 410.00 1982 Dog Tags Total February 550.00 Deposited to General Fund Total from January 1807.00 Total to Date $2357.00 Deposited to General Fund 1-1-82 thru 2-28-82 Impounded Adopted Reclaimed Dogs 70 24 16 Cats 9 4 0 1001 NORTH IDAHO RD •POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220•TELEPHONE(602)982-8260 2 Destroyed In Pound at End of Month Dogs 20 19 Cats 6 0 Citations Issued Dog Running at Large: 1 Unlicensed Dog: 3 Dog Licenses Sold to Date Kennel Permits Sold To Date 1982 Licenses: 440 4 APACHE JUNL11UN PULICE UEPAH'1HEN1 Departmental Activity JAN. FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC. TOTAL ACCIDENTS * 961 32 13 45 * 961 Accident-No Injury S 0 0 0 962 Accident-Injury AL 0 0 0 963 Accident-Fatality 962 22 14 36 P Persons Injured P 40 18 58 or Killed S 1 3 4 S Speed Related AL 1 1 2 AL Alcohol Related 963 0 0 0 P 0 0 0 S 0 0 0 AL 0 O 0 ( TRAFFIC CITATIONS SPEED 55 71 126 ALCOHOL 25 19 44 OTHER 139 96 235 INDEX CRIMES MURDER 0 0 0 RAPE 0 0 0 ROBBERY 0 0 0 BURGLARY 11 8 19 AG. ASSAULT 1 1 2 MOTOR VEHICLE THEFT 1 4 5 LARCENY 35 26 61 ARSON 0 0 0 ( C R T. HITS .FELONY 1 7 8 . ., MISDEMEANOR 11 11 22 IC I ,. V -1-.;,1. ' . Z -9,Q/Z0NP cOity 4 C47yache 09unction ,... March 2, 1982 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL PLANNING AND ZONING COMMISSION THROUGH: II JAMES TUVELL, JR. , CITY MANAGER FROM: 419 JOE GERO, DIRECTOR OF PLANNING CHUCK NEWCOMER, ACTING EXECUTIVE SECRETARY TO THE Cle BOARD OF ADJUSTMENT SUBJECT: BOARD OF ADJUSTMENT ACTIVITY REPORT At the March 1, 1982, meeting of the Board of Adjustment, the following actions were taken : a variance to side yard setback requirements was granted to the applicant in case BA-4-82 (Slancik) ; a nine-month renewal to temporary use permit BA-4-81 (Corsi ) was granted; and the public hearing on BA-3-82 (Tettley) , an application for variance to yard and minimum lot size per dwelling unit requirements of the GR zoning district, was continued until the April 5, 1982, Board meeting. Attached are the approved Minutes from the February 1 and February 15 Board meetings. Please have them inserted into the "Minutes Book". The next Board meeting will be Monday, April 5, 1982, at 7:00 p.m. , in the Council Chambers. CRN:rin 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 Amok Aioak MINUTES BOARD OF ADJUSTMENT 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA FEBRUARY 1, 1982 In Attendance Absent Guests Mr. Burfiend None J.C. Yates Mrs. Luddy Peggy Moore Mr Morrison Mrs Oberg Leila Fear Mr. Vaughn, Vice Chairman Mr. Jessamine, Chairman Earl Feda Chuck Newcomer, Acting Executive Secretary Becky Nendza, Recording Secretary Mayor Clarke Councilman Eidson 1 Chairman called the meeting to order at 7 00 p m and asked the Recording Secretary to call the roll 2 Ms. Nendza called the roll and determined six members were present and none absent, as indicated above. 3. Chairman asked for a roll call vote to accept the "Minutes' dated January 4, 1982. The "Minutes" were ( accepted by concensus 4. Mr. Newcomer presented the elements of the case 5. Chairman invited the applicant to speak. 6 Peggy Moore introduced herself and explained that the cost to move her trailer into compliance would be too great. 7 Chairman called for a motion, there being no commen in opposition to the application and one member of the audience (unidentified) voicing support 8. Burfiend/Luddy M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, hereby approving the requested variance to yard set- back requirements of the General Rural zoning district in case BA-1-82 for the subject property, the location of which is a matter of public record This variance shall be subject to the following conditions 1. The plot plan submitted with the variance application shall be followed The Board bases its decision on the following reasons 1 It appears that the applicant's request is appropriate under Section 2403 (d) due to the fact that the lot is of sub- standard size " The motion passed unanimously (6-0) 1 Page 2 - Board of Adjustment Minutes of February 1, 1982 9. Vaughn/Burfiend "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, that a special meeting will be held on Monday, February 15, 1982, at 7 00 p m , at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona " The motion passed unanimously (6-0) 10 Ms. Luddy requested a Board workshop to review authority of the Board and zoning regulations By concensus, the Board agreed to a workshop following the special meeting February 15, 1982. 11. Chairman adjourned the meeting, there being no further business and no objection to adjournment Respectfully submitted, harles New mer Acting Executive Secretary Approved: Joe s mine, hairman .ter. mow MINUTES BOARD OF ADJUSTMENT 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA FEBRUARY 15, 1982 In Attendance Absent Guests Mr Burfiend George Luddy Mrs. Luddy Jeffrey Tarro Mr Morrison B C Erickson Mrs Oberg Mr. Vaughn, Vice Chairman Councilman Eidson Mr Jessamine, Chairman 1. Chairman called the meeting to order at 7 06 p m and asked the Recording Secretary to call the roll 2. Ms. Nendza called the roll and determined six members were present and none absent, as indicated above 3 Chairman asked staff to brief the Board on case BA-2-82 (Dean's Construction, Inc ) 4 Mr Newcomer detailed the case for the Board 5. Chairman invited the applicant to speak 6 Mr Jeff Tarro introduced himself as the applicant's represenative and presented a summary of the matter 7. Chairman receiving no comments in favor or opposition, asked staff to summarize. 8 Mr Newcomer noted the memorandum in the Board packets from the Zoning Administrator which recommends grant- ing the variance. 9 Chairman called for a motion 10 Burfiend/Oberg M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, hereby granting the requested variance to Section 1107 of the City Zoning Ordinance for the property, the location of which is a matter of public record The granting of this variance shall be subject to the following conditions The plot plan submitted with the variance appli- cation shall be complied with The Board bases its decision on the following findings and reasons: 1. Under Section 2309 of the City Zoning Ordinance, the Board of Adjustment may grant yard variances in compliance with private deed restrictions provided certain conditions exist The Board finds that the following conditions do exist Page 2 - Board of Adjustment Minutes of February 15, 1982 a. Numerous lots in said subdivision were in compliance with the setback requirements of these restrictions b. The approval of the yard setback variance in harmony with the purpose of Section 2403 (d) of the "Apache ,^ Junction, Arizona, Zoning Ordinance " The motion passed unanimously (6-0). 11 Chairman excused Mr. Vaughn due to an illness in that family and then continued the meeting into a workshop to review zoning regulations and the authority of the Board There being no further business, the meeting was adjourned at 8 15 p.m. Respectfully submitted, r es New omer Acting Executive Secretary Approved. Amok e es , air an PQACHE✓ U( v'': 4mY{" z ` µNy-f.. 4PizoNP cOity 4 C puche 09unctian .... March 11, 1982 MEMORANDUM TO- THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: JAMES TUVELL, JR. , CITY MANAGER FROM: C t EiERO, DIRECTOR OF PLANNING SUBJECT: TRANSMITTAL OF PLANNING AND ZONING COMMISSION MINUTES Attached for your review are approved Minutes of the Planning and Zoning Commission's meetings of January 6, January 20, and February 9, 1982. Please contact the Planning Department if you have any questions. Please place original Minutes in the official minute's book in the City Clerk' s office. JWG:ji 1001 NORTH IDAHO ROAD • APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-8002 AO aft. MINUTES PLANNING AND ZONING COMMISSION 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA FEBRUARY 9, 1982 7 30 P M Present Absent Guests Mr. Hall Mr. Hutchens Anna Lipovic Mr Kell Dragan Lipovic Mr Oltman Duson Lipovic Mr. Polomskey Keith Stachar Mr. McPherson Mike Kovaca Mrs Taylor George Little Mrs Baker Nancy Koerner Mr. Baljo Annabell Richards Joe Gero, Executive Secretary Earnest Perkins Becky Nendza, Recording Secretary Jean Perkins Councilman Steelsmith, Liaison Carl and Patsy Otherson Synopsis 1. Approval of the Agenda, as amended 2 Approval of Minutes, dated January 12, 1982 3 Rules Committee Report 4. Public Hearing PZ-1-82 (Novak) PZ-26-81 (Bunnell) PZ-25-81(Matousek) 5 Planned Development Final Approval (Walker) 6 Joint Council/Commission General Plan Workshop 1 Chairman Called the meeting to order and after Mr. Kell had offered the Invocation and the Pledge of Allegiance had been led by the Chairman, asked the recording secretary to call the roll. 2 Ms. Nendza called the roll and determined eight members were present and one absent, as indicated above. 3 Chairman asked for approval of the Agenda 4 Mr Kell suggested the Rules Committee Report be moved to follow approval of the Minutes 5 Mr. Hall so moved and, there being no objection, the motion passed by concensus 6 Mr. Gero asked that an item be added to "Old Business:" the final approval of the planned development application of Everett Walker 7 Chairman called for a roll-call vote on this matter which resulted in unanimous approval of the addition of the agenda item. Approval of the Minutes dated January 12, 1982, was requested 8 Polomskey/Oltman M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the Minutes dated January 12, 1982, be approved as written." Page 2 - Planning and Zoning Commission Minutes of February 9, 1982 the motion passed unanimously (8-0) 9. Chairman called upon Mr Kell as chairman of the Rules Committee to present that report 10. Mr Kell stated that that committee met on January 3 and discussed the"Mules of Conduct;' Item #8, Page 4 This change being presented to the Commission at this time Paragraph 1, Section 8, "Rules of Conduct" "The chairman shall act as spokesman for the Commission. He shall refrain from originating a motion in reference to the public business before the Commission while acting as chairman " Paragraph 2, Section 8, "Rules of Conduct" "If the chairman wishes to originate a motion in regard to the public business at hand, he must first relinquish the chair to an appro- priate member and may not regain the chair until the conclusion of the specific business at hand-- Kell/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that "Rules of Conduct," specifically Section 8, be changed in the manner just stated and that change is hereby adopted by the Commission." The motion passed unanimously 11. Chairman acknowledged the presence of Mayor Clarke, ((( Councilman Steelsmith, and City Manager James Tuvell Opened the public hearing and asked staff to brief the Commission on PZ-1-82 (Novak) 12 Mr Gero detailed the case for the Commission. Aormik 13. Chairman called upon the applicant to comment 14 Mr Keith Stachar introduced himself as the applicant's represen- tative and presented the case to the Commission 15 Chairman asked for comment in favor or opposition respectively 16. Anna Lipovic spoke in favor of the rezoning application. 17 Dragon Lipovic spoke in favor of the rezoning application 18 Chairman closed the public hearing for Commission dis- cussion A motion was then requested 19 McPherson/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, that in rezoning case PZ-1-82, also known as Proposed Ordinance No. 132, application of Thomas Novak for his property described as the South 100 feet of Tract "A" in the West 1/2 of the West 'z of the Southwest ; of Section 20, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, located in Apache Aft. oft. Page 3 - Planning and Zoning Commission Minutes of February 9, 1982 Junction, Pinal County, Arizona, (also known as Tax Parcel #101-16-011B), requesting re- zoning from GR General Rural to CB-2 General Business Zone, that the Commission recommends to the Apache Junction City Council the approval of said application The reasons for the recommendations are CB-2 exists in the surrounding area and this a is growing in commercial, therefore, this i the highest and best use " The motion passed unanimously (8-0). 20 Chairman proceeded to PZ-26-81 (Bunnell) and asked staff to brief the Commission. 21 Mr Gero informed the Commission that a request for an extension of one month had been submitted by Mr Granillo, who represents the applicant. This would allow sufficient time for a presentation to be prepared for a planned devlopment amendment to the original application. 22 Chairman asked for a motion for this extension 23. Kell/Hall M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-26-81, appli- cation of Mr. Bunnell, that the public hearing be continued until March 9, 1982, at 7.30 p m , in these Council Chambers " The motion passed unanimously (8-0). 24. Chairman directed staff to brief the Commission on case PZ-25-81 (Matousek) 25. Mr. Gero updated the Commission on this application 26 Chairman called upon the applicant to speak. 27. Mr. Matousek requested an extension to prepare a planned development amendment to his original appli cation 28. Chairman called for a motion concerning this request. 29 Polomskey/McPherson M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-25-81, appli- cation of Vincent Matousek, that the public hearing be continued until April 13, 1982, at 7 30 p m , in these Council Chambers " The motion passed unanimously (8-0) 30 Chairman requested staff brief the Commission on PZ-17- 81 (Walker). 31 Mr Gero presented the planned development for final approval to the Commission. 32. Chairman invited the applicant to comment 33 Everett Walker summarized his application for the Commission 34 Chairman there being no comment in favor or opposition, a motion was requested Page 4 - Planning and Zoning Commission Minutes of February 9, 1982 35 Kell/Hall MIS "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-17-81, application of Everett Walker, the rezoning having been approved to Trailer Homesite by planned development zone on November 18, 1981, as set forth in Ordinance No. 115 and which applicant is requesting final approval of the planned development, that by memorandum from the Zoning Administrator/Building Official, City Engineer, and Planning Director, the application is in substantial compliance, except as stated in the memorandums Therefore, the Apache Junction Planning and Zoning Commission finds and grants final approval to the final planned development application in rezoning case PZ-17-81 subject to 1) The approval authorizes the building official and city engineer to issue respective permits applied for, provided that in their professional review they determine said application complies with the various codes and ordinances adopted by the Apache Junction City Council, and 2) The applicant satisfies the requirements as set forth in the memorandums attached to this transmittal from the city engineer, building official, and planning director " The motion passed unanimously (8-0) 36 Chairman asked staff to present the general plan report 37. Mr. Gero suggested the Commission recess into the Joint Council/Commission general plan workshop since the general plan had been returned to the Com- mission by Council for further study. 38 Chairman called for a motion to this effect 39. Hall/Oltman M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that following "Information and Reports" section of the agenda the Commission will recess into a worksession on the general plan. This worksession will be held in the Community Services Building "BE IT FURTHER RESOLVED that the chairman of the Planning and Zoning Commission is authorized to call the workshops following the worksession to review the general plan at a time convenient to the Commission members considering availabilit of the Community Services Building " The motion passed unanimously (8-0) 40. Chairman asked if there was further business. 41 Mr Kell resubmitted the suggestion that the Commission have worksession prior to its meetings to review the agenda. The worksessions would be open to the public Page 5 - Planning and Zoning Commission Minutes of February 9, 1982 42 Chairman instructed staff to study this report at the next regular meeting. There being no further business, the Commission was recessed into the joint workshop with Council. During discussion of the general plan, council members presented individual views of proposed amendments each felt would be beneficial Major concern included low density within cal city and location and sufficient number of commercial properties. The regular Planning and Zoning Commission meeting reconvened at 10:15 p.m. with a motion for adjournment requested. 43. Taylor/Baker moved the meeting be adjourned and, there being no objection, adjournment was approved by concensus Respectfully submitted, Josep W Gero Executive Secretary Approved: /%:;\ i�.,M 6 ', / George Ba jo, C airm n Planning and Zoning Commission Ark oak MINUTES PLANNING AND ZONING COMMISSION 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA JANUARY 20, 1982 7 30 P M Present Absent Guests /lik Mr Hall Mr Hutchens Jim Swanson Mr. Kell Mr Oltman Clay Worst Mr McPherson Mr. Polomskey Phyllis Schmitt Ms Taylor Dan Schmitt Ms. Baker, Vice Chairman Ben Honor Mr. Baljo, Chairman Ruth Armsby Mr Gero, Executive Secretary Mr. L.V. King Ms. Nendza, Recording Secretary Mrs L.V. King Councilman Steelsmith, Liaison Annabelle Richards Nancy Koerner George Page Synopsis Public Hearing Apache Junction 2001 Apache Junction, Arizona, General Plan 1. Chairman called the meeting to order at 7 00 p m and asked the Recording Secretary to call roll after the Invocation had been offered by Ms. Baker and he had led the Pledge of Allegiance 2. Ms. Nendza called the roll and determined six members ( were present and three were absent, as indicated above. 3 Chairman explained to those present the purpose of the public hearing and then asked for acceptance of the agenda. 4 Taylor/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the agenda be approved as pre- sented " The motion passed by concensus. 5. Chairman recognized the presence of Mr Jimmy Karam, Chairman, Pinal County Board of Supervisors. Councilman Steelsmith, Liaison to the Commission was also recognized The public hearing was then opened and staff was asked to brief the Commission. 6. Mr Gero entered into the public record Proposed Resolution No 82-01, including the adoption of "Apache Junction, Arizona, General Plan" and "City Complex Planning Program, City of Apache Junction, Arizona", and "Population Analysis for the City of Apache Junction, Arizona", and the acceptance of "Water Systems Evaluation for Apache Junction, Arizona", and "Sewage Disposal Alternatives for Apache Junction, Arizona", and a "Transportation Plan for Apache Junction, Arizona". Maricopa County Planning and Zoning Office, Maricopa Association of Governments, Pinal County Planning and Zoning Commission, Bureau of Land Management, Central Arizona Association of Governments, State Land Depart- ment, Department of Water Resources, Page 2 - Planning and Zoning Minutes of January 20, 1982 Arizona Office of Economic Planning and Development, City of Mesa, and the Honorable Tom Freestone and the Honorable James Karam received copies of these documents as required by ARS. The sixty (60) day period for comment ended this past Monday and the following letters were received and are now entered into the public record. Central Arizona Association of Governments, dated January 13, 1982, signed by Mr. Phillip Goldsberry, Regional Planning Director; U.S. Department of the Interior, /� dated January 4, 1982, signed by Mr Rober Archibald, Jr Mr James Karam, Jr., dated January 4, 1982, Maricopa County Department of Planning and Development, dated November 24, 1981, signed by Mr Dudley Onderdonk, Principal Planner for Mr Don McDaniel, Director; City of Mesa, dated December 23, 1981, signed by Mr Wayne Balmer, Assistant Planning Director/ Community Development Coordinator; Flood Control District of Maricopa County, dated December 17, 1981, signed by Mr. William Mathews, Mr William Beaulieu, dated December 7, 1981; Pinal County Planning and Zoning Commission, dated January 20, 1982, signed by Mr Phil Hogue, Chairman of that Commission, Arizona State Land Department, dated January 19, 1982, signed by Mr. Joe Fallini, State Land Commissioner, Apache Junction Chamber of Commerce, dated January 19, 1982, signed by Jan Hiller, President of the Chamber of Commerce 7 Chairman invited comment in favor of the general plan. 8. Jim Swanson introduced himself and referenced a letter he had distributed to the Commission members and to Mr Karam (Chairman, Pinal County Board of Supervisors) The letter was drafted by in- dividuals living outside the city limits, but inside the 48-square mile study area. He emphasized that those people having signed the letter were not elected to represent their sections; they represent a cross section of those residents These people are effected by CR-1 zoning by division of 14-acre parcels into /� two 5/8-acre parcels. He then presented th/ letter verbally The letter quoted three passages from the general plan and requested the Commission approve them: "The low density outlying area should remain such with one acre minimum district which would allow continued use of individual on-site systems " (Page 3-1) "With regard to land development, the pace of development in the interim should be at a low density pace except for previous zoning decisions { and as clarified in the land use element." (page 4-5) and "This city and area have developed a western lifestyle that many of the residents desire to retain Those wishes, in as far as practical, should be honored. With natural constraints such as soil limitations and slopes, such area should be maintained in low density residential " (Page 2-53) Page 3 - Planning and Zoning Minutes of January 20, 1982 9. Chairman invited further comment by the public 10 Clay Worst presented a ten-minute narration, with the permission of the Commission, justifying a CR-5 property to be waived from the low-density (1-acre minimum) assigned to it by the general plan 11. Chairman invited further comment by the public There being none, he invited comment in opposition to the plan There being none, Mr. Karam was invited to address the Commission 12 James Karam, Jr. introduced himself and commended the Commission and City Council on the proposed general plan He lauded Mr Gero and supported the plan 13 Chairman asked for comment from the Commission There being none, staff was called upon 14 Mr Gero outlined the changes recommended (i e , request by Mr. Worst, an incorrectly marked mining area, clarification of general business oppor- tunity area along the highway, lots on north side of Superstition Boulevard requested by citizen to be changed to general commercial or key commercial opportunity areas, general commercial on Ironwood north of Broadway, etc ) and noted that instruction would need to come from the Commission before staff could act 15 Mr Newcomer detailed clarifications (Page 2-43) and recited commercial acreages and percentages. 16. Mr. Gero returned to the letters entered into the public record earlier and referenced their suggested changes to the general plan. 17 Chairman there being no further comment, closed the public hearing He passed the gavel to the Vice Chairman and offered the following motion: "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona that it recommends for approval (to the City Council) the general plan of Apache Junction, entitled "Apache Junction 2001, " as laid forth in Resolution No 82-1 that you have before you, and it be amended to include the amendments that have been brought forth by the staff 1 The land Use Map be changed as per attachment nos. 1,2,and 3 (No. 1 - Commercial) (No 2 - Section 1) (No 3 - Section 16) 2 The Land Use Map be changed to reflect the existing (CR-5) high density zoning as per attached map (at Clay Worst's request). 3. Page 2-50 under "Guidelines for map changes are," add at the end of No 2 the following: "For that area along U S Highway 60 east of Idaho Road, the outer boundary of the commercial oppor- tunity area may be considered to include part to all of any lot which is partially or totally within the two-hundred-foot-wide boundary Ask Aiwa. Page 4 - Planning and Zoning Minutes of January 20, 1982. However, each rezoning application should be by planned development and each case should be acted upon based on the merit of the request." 4 Page 2-45 toward the top of the page at the conclusion of the commercial discussion, add the following paragraph "Commercial uses on the Land Use M^ 11 Figure No L-7 include the followi, COMMERCIAL AREAS DEPICTED ON APACHE JUNCTION 2001 LAND USE MAP KEY COMMERCIAL Key Commercial - 172 acres Key "Opportunity Area" - 38 acres GENERAL COMMERCIAL General Commercial - 312 acres General "Opportunity Area" - 370 acres LOCAL COMMERCIAL Local Commercial - 41 acres Local "Opportunity Area" - 212 acres REGIONAL COMMERCIAL AND INSTITUTIONAL 629 acres TOTAL = 1,774 acres 5.77% of total land in study area 25 acres of "commercial" per 1,000 population (based on 2001 population projection) PRESENT COMMERCIAL USES 197 acres 0 6% of total land in study area 6.5 acres of commercial uses per 1,000 persons (based on 1980 population estimate)" 5 Page 1-9, Figure No G-4, make minor changes per Bureau of Land Management letter and map and also include the re- quest for amendment that was presented by Mr. Worst. As far as amendments are concerned, there are some further amending/recommendations that I would like to make as part of my motion - that consideration ( be given to make the following changes 1 Prior to adoption of this plan by the Council, in view of the assumptions stated in Paragraph one above, with reference to the horsemen's desires on lands that lie within the corporate limits, that they be dealt with on a case-by-case basis as reclassification is requested, adequate protection for land owners is alreac provided by the Planning and Zoning Ordinance I reiterate, WITHIN the corporate limits oak Amok Page 5 - Planning and Zoning Minutes of January 20, 1982 2 That the low density areas within the corporate limits be designated "medium density area " 3 That the freeway off-ramps stay as planned by the state at Tomahawk and Ironwood Roads and at a later date an off-ramp be con- sidered at Idaho Road. Specifics To support the analysis and recommendations stated, (I did not state the analysis, the copies of which are before the Commission), the following minimum changes are requested Page 2-40 (2-50*) Guidelines for a map change in Paragraph One Change "higher than low density residential" to a higher than medium density residential " (*Staff Note) Page 2-43 under "Assumption," change "2.33" to "8," "3.72" to "8." Page 2-43 under "Event," change "2 33 persons per acre" to "8 persons per acre." change "low density" to "medium density " Land Use Map Figure No L-7, Area I should not in- clude any areas within the existing city boundaries Low density should not be depicted within existing city boundaries south to the north boundary of the Superstition Freeway with the exception of Section 16. These areas should be desig- nated "medium density " Same page, under "depict," "Local commercial opportunity areas" at intersection of Delaware and Superstition Boulevard Page 5-8, Paragraph 12, change "two ramps" to "three ramps," delete the words "eliminating the proposed ramps " Page 5-10, Paragraph 9, delete "3) Having freeway 'oakramps Page 6-4, Residential Uses, change "3 72" to "8.20 persons per acre " Change "1.6" to "6 dwelling units per acre." "Recommendations, at the bottom of the page, add "medium density for the remainder of the city." These are the specifics I mention in my motion I have several copies which I can distribute here There may be several amendments in there that I didn't specifically note as far as the ones that were presented by the staff, but I would let the record reflect that their recommendations, that were not in conflict with the changes that I just mentioned be also incorporated into the general plan That is the end of my motion " (Motion with attachments is on file in the Planning Department). 17 Chairman (cont'd.) The motion was seconded by Mr Hall and, following Commission discussion, passed 4-2, with Mr. Kell and Mr McPherson in opposition. I►. i r' Page 6 - Planning and Zoning Minutes of January 20, 1982 The Chairman recognized Mr. Swanson 18 Mr Swanson expressed concern over the drastic changes of this amendment to the general plan He asked from where the public input came that caused these changes by Mr Baljo since none was evident at the public hearings of the general plan He commented that the general plan should i be revised each year, as is stated in the 4.10►, itself. 19. Chairman stated that the revisions effect only the residential land use portion (density) of the plan 20. Mr Kell commented that the plan had, indeed, been gutted and that the action was reckless 21 Mr. Hall asked Mr Gero if these changes were recommended changes 22 Mr Gero responded that those corrections of fact were brought to the Commission's attention, but the comments by the chairman were original on his part and had not been discussed with staff 23. Chairman called for a motion to adjourn, there being no further business. 24. Ms Taylor moved that the meeting be adjourned and, there being no objection, the meeting was adjourned by concensus. Respectfully submitted t1 . Gero Executive Secretary Approved• eorg9Bal jo, Ch,`rman Planning and Zoning Commission I Ask PLANNING AND ZONING COMMISSION SPECIAL MEETING 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA JANUARY 6, 1982 Present Absent Guests Amok Mr. Hall Mr. Hutchens Ben Honor Mr. Kell Mrs. Taylor (ill) S D "Sam" Gardom Mr Oltman Kenneth B Kelly Mr Polomskey Larry U'Neil Mr. McPherson Kathryn Wilburn Mrs Baker George Little Mr Baljo Mr. Gero, Executive Secretary Ms. Nendza, Recording Secretary 1 Chairman called the meeting to order at 7 36 p.m. and requested the recording secretary to call the roll 2 Ms Nendza called the roll and determined seven members were present and two absent, as indicated above. 3 Chairman asked for a motion to approve the agenda, the invocation having been offered by Mrs. Baker and after having led the Pledge of Allegiance 4. Kell/Baker M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, f that the agenda be approved as stands. i1 The motion passed unanimously (7-0) 5 Chairman passed the gavel to the Vice Chairman due to a conflict of interest in the case He then stepped down. 6 Acting Chairman opened the public hearing on case PZ-4-81 Ark 7. Mr. Hall recognized a conflict of interest, also, as a resident of the area in question He then stepped down 8. Mr. Kell entered into the record, that although he lives in the Palm Springs Subdivision, his residence is not within 300 feet of any of the effected areas. He therefore remained on the panel 9 Acting Chairman asked staff to brief the Commission 10 Mr Gero described in detail the conditions of the case and related the required statistics. Because of the unique nature of the case, the proposed ordinance was explained and the Commission was cautioned to be certain its final recommendation was enforceable by city staff. 11. Acting Chairman asked a representative of the Palm Springs Home- owners Association to speak 12 John Schmidt introduced himself and summarized the application request Page 2 - Special Meeting - Planning and Zoning Minutes of January 6, 1982 13 Acting Chairman invited comments in favor or opposition There being none, staff was asked to summarize. 14 Mr Gero noted that the presentation spoke for itself and reminded the Commission to make a statement of reasons to accompany its recommendation and that the statement of reasons include the fact that the proposal is in compliance with Section 33 `09 as required by the Zoning Ordinance 15. Acting Chairman invited questions from the Commission 16 Mr Kell asked several questions concerning future impli- cations of this case Members of the Palm Springs Homeowners Association answered his queries on the existing subdivision and staff answered those questions concerning the proposed ordinance. 17 Acting Chairman closed the public hearing, there being no further questions and no rebuttal Commission discussion included establishing reasoning behind the re- commendation 18 McPherson/Polomskey M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that in rezoning case PZ-4-81, also known as Proposed Ordinance No. 94, application of Palm Springs Homeowners Association, for the property described as (the legal description is a matter of public record) requesting rezoning from CR-3 and CR-5 to CR-3/PD and CR-5/PD according to the zoning map attached, that the Commission finds the application to be in compliance with Section 33.09 and the Commission recommends to the Apache Junction City Council the approval of said application The reasons for the recommendation are that this ordinance provides updated and enforceable zoning restrictions for the benefit of homeowners in the area and the property owners in the area, it will also provide some degree of protection for vested rights of current homeowners and at the same time enhance the value and quality of the area " elm, The motion passed 5-0-2, with Mr. Baljo and M Hall abstaining due to conflicts of interest. 19 Acting Chairman requested a motion to adjourn, there being no further business 20 Kell/Oltman M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that the meeting be adjourned." The motion passed unanimously (7-0) Respectfully submitted, Apprpved /Li _0 Joseph W Gero George Bafjo, Chair n Executive Secretary Planning and Zoning' ommission 1 CITY COUNCIL MOTIONS MEETING OF March 2, 1982 ACTION MOTION AGENCY DISPOSITION action completed THAT THE AGENDA, BE AND HEREBY IS, ACCEPTED AS PRESENT=D. C.C. 3/2/82 THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, action completed .�. 1982, BE ACCEPTED AS PRESENTED. (motion carried. ) C.C. 3/2/82 THAT THE READING OF ORDINANCE NO. 138, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (motion carried. ) THAT ORDINANCE NO. 138, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 6-1 RULES AND REGULATIONS SECTION 6-1-6 ANIMAL KENNELS, SUBSECTION A AND ARTICLE 6-2 IMPOUNDING GENERALLY, SECTION 6-2-5 CONDITIONS AND DURATION OF IMPOUNDMENT; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY , Posted 3/8/82 BE AND HEREBY IS, APPROVED. (motion carried. ) P.S. Published THAT PROPOSED RESOLUTION NO. 82-07 BE TABLED FOR Work Session FURTHER STUDY. (motion carried. ) posted for 3/30/F AMEND THE MOTION TO TABLE BOTH RESOLUTION NO. 82-07 AND ORDINANCE NO. 139 FOR FURTHER STUDY. (motion carried. ) THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. (motion carried. ) C.C. Letters sent 3/4/82 THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE APACHE JUNCTION JAYCEES, BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF IQUOR LICENSES AND CONTROL. (motion carried. ) C.C. Letters sent 3/4/82 HAT THE READING OF ORDINANCE NO. 135, BE READ BY TITLE ONLY, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED, (motion carried. ) HAT ORDINANCE NO. 135, AN ORDINANCE OF THE MAYOR AND ITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 12-3 PARKING, BY ADDING SECTION 12-3-7 FIRE ANES, AND SECTION 12-3-8 HANDICAPPED PARKING; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES, BE AND HEREBY IS, APPROVED. Posted 3/8/82 (motion carried. ) P.S. Published Oft CITY COUNCIL MOTIONS MEETING OF March 2, 1982 ACTION MOTION AGENCY DISPOSITION THAT THE CITY COUNCIL BE GIVEN TIME TO REVIEW THE MATERIAL PRESENTED BY THE CHARTER GOVERNMENT COMMITTEE. (motiondailed) THAT THE CITY COUNCIL ACCEPT THE FINDINGS OF THE CHARTER GOVERNMENT COMMITTEE. Action compiced 3/2/82 BE IT FURTHER RESOLVED THAT THE CITY COUNCIL REVIEW THE RECOMMENDATIONS AND REPORTS PRESENTED BY THE CHART R May 18, 1982 GOVERNMENT COMMITTEE AND RENDER THEIR FINDINGS TO THE agenda PUBLIC AT THE REGULAR MEETING OF MAY 18, 1982. (motion carried. ) C.M. THAT RESOLUTION NO. 82-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, Copies sent to ARIZONA, PROCLAIMING INTENT OF THE ESTABLISHMENT AND municipalities & DEVELOPMENT OF A CITY AIRPORT, BE AND HEREBY IS, concerned8partie APPROVED. (motion carried. ) P.W. THAT AGENDA ITEM NOS. 14, 15, 16, AND 17, BE TABLED UNTIL THE NEXT REGULAR CITY COUNCIL MEETING OF MARCH 16, 1982. (motion amended) C.C. Items placed on 3/16/82 agenda. THAT ITEM NO. 17, REMAIN ON THE AGENDA. (motion carries . ) (motion as amended carried. ) C.C. THAT RESOLUTION NO. 82-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING ITS OPPOSITION TO SENATE BILL 1150 PERTAINING TO ANNEXATION PROCEDURES, BE AND HEREBY IS, ADOPTED AND APPROVED. (motion carried. ) Planning Posted 3/8/bc THAT THE POSITION OF ADMINISTRATIVE SERGEANT IN THE DEPARTMENT OF PUBLIC SAFETY, BE AND HEREBY IS, RATIFIED. (motion carried. ) P.S. THAT THE JOB DESCRIPTION FOR THE CITY CLERK POSITION BE ACCEPTED AS PRESENTED. BE IT FURTHER RESOLVED THAT THE SALARY RANGE FOR THE CITY CLERK'S POSITION BE SET AT RANGE 37 AS INDICATED IN THE REVISED SALARY SCHEDULE OF VOLUME II OF THE CITY OF APACHE JUNCTION BUDGET, FISCAL YEAR 81-82. BE IT FURTHER RESOLVED THAT THE APPOINTMENT OF KATHLEEN CONNELLY AS CITY CLERK EFFECTIVE MARCH 2, 1982, BE AND £ction completed HEREBY IS RATIFIED. (motion carried. ) C.C. 3/2/82 THAT A WORK SESSION BE HELD IN THE CITY COMPLEX ON THE 16TH DAY OF MARCH, 1982, AT 6:00 P.M. (motion carried. ) C.C. posted 3/9/82 CITY COUNCIL MOTIONS MEETING OF March 2, 1982 ACTION MOTION AGENCY DISPOSITION THAT WORK SESSION BE HELD IN CITY COMPLEX ON THE 23RD AND 30TH OF MARCH, 1982, AT 7:00 P.M. (motion carried. ) C.C . Posted 3/9/82 THAT THE MEETING BE ADJOURNED AT 10.00 P.M. (motion carried. ) C.C. Action completed CITY COUNCIL REQUESTS MEETING March 2, 1982 ACTION REQUEST AGENCY DISPOSITION THAT THE CITY MANAGER BE GIVEN DIRECTION TO CHECK INTC THE POSSIBILITY OF USING 10% OF EXCESS BUILDING FEES City Attorney TO GO TO THE SWIMMING POOL FUND. (Mayor Clarke) C.M. checking legal . STAFF TO PROCEED WITH HAVING SPEED LIMIT REDUCED, RESEARCH TO BE DONE BY DEPARTMENT OF PUBLIC WORKS AND Resolution'" DEPARTMENT OF PUBLIC SAFETY. P.W. future agel._s. (Councilman Hudson, Damiano, and Eidson) P.S. THAT DIRECTION BE GIVEN TO CITY MANAGER TO FOLLOW UP ON SALE OF GROUNDWATER BY CONTACTING THE DEPARTMENT OF C.M. WATER RESOURCES IN WRITING. Planning DIRECTION BE GIVEN TO CITY MANAGER TO PROCEED WITH STEPS NECESSARY TO REQUEST PROPOSALS FOR BIDS ON ANNUAL AUDIT. C.M. THAT DEPARTMENT OF PUBLIC SAFETY FURTHER STUDY NOISE PROBLEM CREATED BY DOG POUND AND PRESENT ALTERNATIVES AND COSTS AT NEXT COUNCIL MEETING. (Councilman Damianc, and Councilman Steelsmith) P.S. ENCOURAGE BUSINESSES TO USE UPRIGHT AND VISIBLE SIGNS Engineer advise( TO DESIGNATE HANDICAPPED PARKING AREAS. (Mayor Clarke C. Engineer and Councilman Damiano) P.S. Ordinance passed 3/2/82 THAT BRICKS FOR THE VETERAN 'S GAZEBO BE DONATED IN THE NAME OF JERRY CASTRO IN APPRECIATION FOR ALL THE SUPPORT HE HAD GIVEN THE CITY. (Vice Mayor Hill ) THAT CITY MANAGER CONTACT LION'S CLUB TO HELP THEM WITH THEIR TREE PLANTING PROJECT AND SUGGEST THAT A PERMANENT CHRISTMAS TREE BE PLANTED. C.M. REVIEW PROCEDURES FOR STREET REPAIR AND INVESTIGATE Work Session fo MORE PERMANENT METHODS OF REPAIR. (Vice Mayor Hill 3/23/72 and Councilman Hudson) P.W. THAT CITY MANAGER INVESTIGATE POSSIBILITY OF USING LOTTERY MONEY AND OTHER AVAILABLE FUNDS FOR IMMEDIATE RELIEF TO CITY STREET PROBLEMS. (Mayor Clarke and Councilman Hudson) C.M. THAT TEXAS-AMERICAN CABLE TELEVISION COMPANY BE ON MARCH 16, 1982 AGENDA. (Vice Mayor Hill ) C.C. on 3/16/82?genda THAT A WORK SESSION BE HELD ON MARCH 23, 1982 FOR STREET STUDY. C.C. Posted 3/9/82 THAT A WORK SESSION BE HELD ON MARCH 30, 1982 FOR PERSONNEL POLICIES. C.C. Posted 3/9/82 O CITY COUNCIL REQUESTS MEETING March 2, 1982 ACTION REQUEST AGENCY DISPOSITION THAT AMERICAN CABLE TELEVISION COMPANY BE SCHEDULED FOR A LATER DATE TO GIVE FULL PRESENTATION ON THEIR COMPANY. (Councilman Steelsmith) C.C. THAT CHARTER GOVERNMENT COMMITTEE MATERIALS NOT LEAVE acknowledged CITY HALL. (Mayor Clarke) C.C. 3/2/82 pi CITY COUNCIL REQUESTS ACTION NOT COMPLETED MEETING ACTION DATE REQUEST AGENCY STATUS November 18, 1981 THAT 90 DAYS PRIOR TO AWARDING THE INSURANCE COMPANY Letters to NEXT YEAR AN ADVERTISEMENT BE RUN IN THE PAPER consultant group SOLICITING BIDS FROM ALL INSURANCE COMPANIES THAT mailed 2/25/82. MIGHT BE INTERESTED IN PROVIDING LIABILITY INSURANCE FOR THE CITY OF APACHE JUNCTION. C.M. January 5, 1982 THAT THE CITY COUNCIL HEREBY DIRECT THE PLANNING AND ZONING COMMISSION TO FURTHER STUDY THE QUESTION OF Joint P&Z/Airpor ANNEXATION OF THE PROPOSED AIRPORT PROPERTY AND Commission, REPORT TO THE COUNCIL THEIR FINDINGS WITHIN THE NEXT proceeding with SIX MONTS. (Motion carried. ) study. ROLL CALL VOTE SHEET NOTES e (7em ITEM # MEETING OF MOTION BY: SECONDED BY: Y,01, YE)S NO ABSTAINED COUNCILMAN STEELSMITN COUNCILMAN SHANKS /((/ MAYOR CLARKE COUNCILMAN HUDSON J COUNCILMAN DAMIANO \ VICE MAYOR HILL COUNCILMAN EIDSON UNANIP0US IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO , 14 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE MEETING BE ADJOURNED AT P . M. ROLL CALL ROLL CALL IPRESENT ( ABSENT AO.bk w • W.S. CU MAYOR CLAR E y• / VICE-MAYOR HILL i / / . COUNCILMAN EIDSON { / V COUNCILMAN HUDSON i ✓ COUNCILMAN SHANKS ': / // _ COUNCILMAN STEELSMITH / / COUNCILMAN DA1'1IANO � V/ TOTAL 1 I , STAFF PRESENT CITY MANAGER _JAMES TUVELL WV CITY CLERK Kathy Connelly c/ + / Oak DIRECTOR OF ADMINISTRATIVE SERVICES (�I L ._ DIRECTOR OF PLANNING Joe Gero DIRECTOR OF PUBLIC SAFTEY Bill McDaniel v _ DIRECTOR OF PUBLIC WORKS Rich Brom V Mr CITY ATTORNEY Mr. Alexander . H7sc ►!`i OTHER