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Town Council

Regular Meeting

Pinetop-Lakeside, AZ · January 16, 2025

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Agenda

PUBLIC NOTICE THE PINETOP-LAKESIDE TOWN COUNCIL WILL HOLD A REGULAR MEETING ON THURSDAY, JANUARY 16, 2025, AT 6:00 P.M. THE MEETING WILL BE HELD IN THE TOWN COUNCIL CHAMBERS LOCATED AT 325 W. WHITE MOUNTAIN BOULEVARD, LAKESIDE AZ 85929 SOME MEMBERS OF COUNCIL MAY PARTICIPATE TELEPHONICALLY AGENDA A. Call to Order Mayor ➢ Roll Call and Ascertain Quorum ➢ Pledge of Allegiance ➢ Invocation Any prayer/invocation that may be offered before the start of regular Council business shall be the voluntary offering of a private citizen, for the benefit of the Council and the citizens present. The views or beliefs expressed by the prayer/invocation speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the religious beliefs or views of this, or any other speaker. A list of volunteers is maintained by the Town Clerk’s Office and interested persons should contact the Town Clerk’s Office for further information. B. Call to the Public Mayor This is a business meeting of the Town Council. The Town values and welcomes public input. Please address the Council as a whole and not individual Council Members. Do not address staff or members of the audience. Council action on items brought up in Call to the Public is limited by the Open Meeting Law. The Council may direct staff to study the matter and reschedule for further consideration at a later date. Items on the agenda will not be heard or discussed in Call to the Public. Individuals are limited to three (3) minutes. C. Consent Agenda Mayor All items listed in the Consent Agenda are considered routine matters and will be enacted by one motion of the Council. There will be no separate discussion of these items unless a Member of Town Council requests that an item or items be removed for discussion. Council Member may ask questions without removal of the item from the Consent Agenda. Items removed from the Consent Agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence. C.1 Consider Approval of the Minutes of the Town Council Town Clerk Regular Meeting held on January 2, 2025. Salskov C.2 Consider Resolution No. 25-1764, Approving Appointments Town Clerk to the Board of Directors of the Pinetop Water Community Salskov Facilities District. D. Business Before the Council Public comment will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen, who wishes, may speak one time for five minutes on each agenda item before or after Council discussion. Questions from Council members, however, may be directed to staff or a member of the public through the Mayor at any time. Town Council Regular Meeting – January 16, 2025 D.1 Town of Pinetop-Lakeside Proclamation “Future Business Leaders Mayor’s Youth of America Week” February 9-15, 2025. Advisory Committee Member Jackson Woods D.2 Public Hearing, Discussion and Consideration of Resolution Community No.25-1765, Approving a Major Amendment to the Land Use Development Element of the 2015 General Plan by Changing the Land Use Director Loyd Designation for 70.16 + Acres on the East Side of S. Penrod Road.. D.3 Public Hearing, Discussion, and Consideration of Ordinance No. Community 25-479, Approving a Zoning Amendment (Z-90) for 70.16 + Acres Development on the East Side of S. Penrod Road. Director Loyd D.4 Town Council Committee Liaison and Town Manager Monthly Town Council Reports. &Town Manager Johnson Pursuant to A.R.S. §38-431.03(A)(7) the Council may vote to enter Mayor Irwin into Executive Session for the following purpose: A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. ➢ Discussion and instruction regarding the Washburn Property. No Action will be taken on this item. Town Council will reconvene to the Open Meeting to adjourn the Regular Meeting. E. Adjournment Mayor Irwin Posted on January 10, 2025, at 12:00 p.m. at the following locations: Kristi Salskov, CMC Town Hall Town Website Town Clerk 325 W. White Mountain Blvd. https://pinetoplakesideaz.gov Lakeside, AZ 85929 Pinetop U.S. Post Office Lakeside U.S. Post Office 712 E. White Mountain Blvd. 1815 W. Jackson Lane Pinetop, AZ 85935 Lakeside, AZ 85929 Town Council Regular Meeting – January 16, 2025 Meeting can be viewed at https://www.youtube.com/channel/UCN53WdzuQen_exXNbatODIw. Note: This meeting is open to the public. All interested people are welcome to attend. A copy of agenda background material provided to Council Members, with the exception of material relating to possible executive session, are available for public inspection at the Town Clerk’s Office, 325 W. White Mountain Boulevard, Lakeside, AZ 85929, Monday through Friday from 8:00 a.m. to 5:00 p.m. or online at https://pinetoplakesideaz.gov AMERICAN WITH DISABILITIES ACT: The Town of Pinetop-Lakeside intends to comply with the A.D.A. If you are disabled or physically challenged and need special accommodations to participate, please contact the Town Clerk at (928) 368-8696 Ext. 221 at least 48 hours prior to the meeting. Meeting Date: January 16, 2025 Agenda Item #: C.1 Subject: Consider Approval of the Minutes of the Town Council Regular Meeting held on January 2, 2025. MINUTES OF THE REGULAR MEETING OF THE HONORABLE TOWN COUNCIL OF THE TOWN OF PINETOP- LAKESIDE, ARIZONA, HELD ON THURSDAY, JANUARY 2, 2025, IN THE TOWN COUNCIL CHAMBERS LOCATED AT 325 W. WHITE MOUNTAIN BOULEVARD, LAKESIDE, AZ 85929  Roll Call The following Council Members were present: Name Position Stephanie Irwin Mayor Taber Heisler Council Member Jerry Smith Council Member Jeff Phillips Council Member Todd Fernau Council Member The following Council Members were absent: Name Position Sterling Beus Vice Mayor Harry Turner Council Member Staff Present: Name Position Keith Johnson Town Manager Kevin Rodolph Asst. Town Manager/Finance Director Mackenzie Valichnac Deputy Clerk Matt Patterson Public Works Director Jeremiah Loyd Community Development Director Dan Barnes Chief of Police-PLPD Daniel Wilkey Police Commander-PLPD Tony Alba Community Services Director Rob Hephner Creative Services Lisa Mears Public Works Secretary The following Planning and Zoning Commissioner was present: Name Position David Westley Planning & Zoning Commissioner Minutes of the Town Council Regular Meeting. January 2, 2025. Page 2  Pledge of Allegiance and Invocation Mayor Irwin led the Pledge of Allegiance to the Flag. The Invocation was offered by Keith Johnson. B. Call to the Public Mayor Irwin called for public comments. Ken Cail offered the following comments, “Mayor Irwin, Town Council Members, Town Staff, and the public. Dogs are pack animals; they learn through interaction. They enjoy other animals and need the opportunity to develop. A dog park can become an educational center for the owners, improving their relationships with their dogs, sharing responsibilities of cleaning up, training their dogs to remain calm, and to provide within the community a common space for the discussion of ideas, a space where the town can demonstrate its character, display art, display history and to promote a pet friendly community. The end result would define our community with all of its benefits as appealing to its constituents, travelers, destination visitors and potential new citizens. Creating a dog park is a common activity for many local communities. They see a benefit in dog parks that reach beyond a place where dogs can relieve themselves. There is good and there is bad in dog parks but, we have a large amount of information from parks that has already been produced. While there are undoubtable benefits to dog parks we can see there’s limits, liabilities and potential problems with dog parks. If we chose to create a park we can use this vast amount of information to make a better dog park, one that is more attractive, usable and effective in meeting the town’s goals. Local trainers can offer introductory lessons for owners, owners can learn and share ideas about their dogs with other owners. I see the development of a dog park as an opportunity for the Town Council to show they are listening to their constituents. This issue was second in the Town Survey in 2023, yet little movement has happened since then. Dog park development can create future leaders in Town Council through valuable developmental experiences, the exchange of ideas and the creation of consensus. I applaud the Council’s attempt to provide more interaction with their constituents through hosting Coffee with Council for meets and greets. It is hard to get involvement from the community but, it is necessary. Listening to the survey results is a big step. It is easier to find fault with irresponsible dog owners by fining them, this has cleaned our parks but has only changed the location where these irresponsible owners leave their messes. Thank you.” Minutes of the Town Council Regular Meeting. January 2, 2025. Page 3 C. Consent Agenda Mayor Irwin announced consideration of the Consent Agenda and explained that all items listed would be acted upon by a single vote of the Council, unless a member of the Council asked that specific items be removed from the Consent Agenda, discussed, and voted upon separately. Council Member Smith moved to approve the Consent Agenda. Council Member Heisler seconded the motion and by show of hands the following vote was recorded: AYES NAYS ABSTAIN Mayor Irwin X Council Member Heisler X Council Member Smith X Council Member Phillips X Council Member Fernau X Mayor Irwin then declared the motion passed unanimously. C.1 Consider Approval of the Minutes of the Town Council Regular Meeting held on December 5, 2024. Council Member Smith moved to approve the Minutes of the Town Council Regular Meeting held on December 5, 2024. Council Member Heisler seconded the motion and by show of hands the following vote was recorded: AYES NAYS ABSTAIN Mayor Irwin X Council Member Heisler X Council Member Smith X Council Member Phillips X Council Member Fernau X Mayor Irwin then declared the motion passed unanimously. C.2 Consider Approval of the Town Check Register for the Period of October 1 through 31, 2024. Council Member Smith moved to approve the Town Check Register for the Period of October 1 through 31, 2024. Council Member Heisler seconded the motion and by show of hands the following vote was recorded: Minutes of the Town Council Regular Meeting. January 2, 2025. Page 4 AYES NAYS ABSTAIN Mayor Irwin X Council Member Heisler X Council Member Smith X Council Member Phillips X Council Member Fernau X Mayor Irwin then declared the motion passed unanimously D. Business Before the Council D.1 Presentation of the Navajo and Apache Counties Traffic Study Findings. Public Works Director Patterson presented the Traffic Study Findings for Navajo and Apache Lane. To view the presentation, go to: https://www.youtube.com/watch?v=b4PEMeIOVtk&t=344s The presentation starts at Minute 9:30 of the meeting. Annick Desmeules offered the following comments, “My name is Annick Desmeules, I am the one that started the petition for Navajo and Apache Lanes. I am very disappointed, I have to say, in the results of the study because in my estimate, and I can speak for the two ladies that are my neighbors, it is a gross understatement. The fact that people were not speeding that much during the time of the traffic survey may have something to do with the fact that prior to the Study we had a strong police presence that actually caught several people not stopping at the stop sign and other things. There was a radar at some point, and I think whoever was using it as a cut through to get to Safeway or Ace got the message and started slowing down, because in actuality there are a lot more people than shown that speed through that street. I see them every day. The other thing is, the gentleman mentioned that anything less than 500 cars per day, is that for a major avenue? Because for a small residential street like Navajo or Apache it seems like a lot of vehicles, ok? That is a lot of cars in one day. I don’t know exactly how many people live on Apache Lane, I think we are in the neighborhood of 50 or 55 homes. So, 350 vehicles for a short street like that, that’s a lot. So, the fact that you are not going to do anything, you are not recommending that they do anything, I do not think any of the constituents on Apache Lane are going to be happy with that. So, that is my comment for now.” Mayor Irwin stated that she lives in the neighborhood and believes there are 185 parcels in Wonderland Acres and if you were to include the homes in Summer Haven, there would be even more. Minutes of the Town Council Regular Meeting. January 2, 2025. Page 5 Director Patterson said there are over 300 parcels and feels the total number is closer to 348. Director Patterson added that the number of vehicles shown in this Study is right on track for the number of parcels in this area. Mayor Irwin asked Commander Wilkey if there is less tolerance for speeders when the posted speed limit is lower. Commander Wilkey responded that it does go by a percentage and is always at the officer’s discretion. Commander Wilkey added that Arizona Law states, “speeds are reasonable and prudent”. Meaning, officers take that into consideration as far as the area and the posted speed limit. Council Member Phillips asked Director Patterson if the equipment that was used for the study is owned by the Town. Director Patterson stated that United Civil was contracted to do the Study. Council Member Phillips asked what the cost was for the Study. Director Patterson said the cost of the Study was $7,000. Director Patterson explained that the reason a traffic study is so costly is because every piece of data is reviewed. Once you perform a Study on a road/street, if a safety issue is missed, the Town would be liable. This is why every little piece of data is reviewed which reflects in the cost of the Study. Larry McCormick offered the following comments, “I was just going to ask Matt if there was any consideration for future projects that may affect the numbers. Namely, there is a subdivision that was, I believe, approved by Council on Woodland and then wasn’t there a condominium that was approved? I haven’t been through that area in quite some time.” Mayor Irwin said that the condos at the end of Navajo Lane were approved approximately 20 years ago. Larry McCormick continued, “Yeah, but my question is, especially the subdivision. I don’t remember how many homes and how densely populated that open field was. Was that Mountain View and Woodland Lake between the two roads? You know it is going to take about, probably, once it is completed and populated, a week or two to figure out a cut-through to the Safeway and it will be right through your neighborhood.” Mayor Irwin responded that she was unclear of what Mr. McCormick was referencing. Minutes of the Town Council Regular Meeting. January 2, 2025. Page 6 Council Member Heisler said he believed Mr. McCormick was referencing the subdivision that is in Navajo County, on the opposite side of Woodland Rd. Larry McCormick added, “It came before Council. It was a couple, actually, I knew the lady, she ran a group home in Scottsdale.” Mayor Irwin stated that she believes Councilor Heisler is correct. The property Mr. McCormick is referencing is in Navajo County. Meaning, the Town does not have any control over that property. Larry McCormick interrupted, “I understand you don’t. That, again, is my point. Let’s say there are a couple hundred homes that go in however many acres there. You got 400 cars that may cut through Navajo or Apache. That may affect the numbers that Matt has presented.” Community Development Director Loyd shared that the Dakova’s submitted the application for the project Mr. McCormick is referencing. Director Loyd said he does not believe that project will be moving forward. Director Loyd said in the event it does move forward, there were approximately 30 manufactured homes proposed. The development would be within 300 feet of the Woodland Road and Highway 260 intersection, adding that it would actually be much faster for people to exit via the 260 rather than cutting through Navajo or Apache Lanes. Director Patterson said whenever a new subdivision comes to Town, the traffic is looked at. Modeling is done and reviewed by Director Loyd and himself. This is done at the point that a subdivision is built, not before. D.2 Interviews and Consideration of Resolution No.’s 25-1762 and 25-1763, for the purpose of Appointing up to Two (2) Candidates to Fill Vacant Seats on the Pinetop-Lakeside Planning and Zoning Commission With Terms Ending July 23, 2026. Interviews will be held in the following order: (Alphabetical) • Richard Miller • Cathy Purvis • Jeff Stearns Pursuant to A.R.S. §38-431.03(A)(1) the Council may vote to enter into Executive Session: A. Upon majority vote of the members constituting a quorum, a public body may hold an executive session for the following purpose: Minutes of the Town Council Regular Meeting. January 2, 2025. Page 7 1. Discussion or Consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee, or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. *If Town Council votes to enter into Executive Session, they will return to the Open Meeting to vote on item D.2. *If Town Council does not wish to enter into Executive Session, a vote will be taken immediately following interviews to fill up to two (2) Planning and Zoning Commission seats. Deputy Clerk Valichnac will explain the voting method and read the results aloud. *If there are only two (2) applicants, for the two (2) vacant seats, Town Council may move to appoint one (1) or both applicants to serve on the Commission. Community Development Director Loyd shared that there are two open seats on the Planning and Zoning Commission. Both seats are to be filled by residents that reside within the Town of Pinetop-Lakeside limits. Director Loyd also explained that term dates had gotten off track in the past, unsure of when this occurred, but, by having the term dates ending July 23, 2026, for the two appointed Commissioners, it will bring us back to compliance with the terms defined in our Town Code. Director Loyd stated that the Town received three (3) applications from interested individuals and all three applicants are eligible to fill the vacant seats. Introductions and Interviews were held in the following order: • Richard Miller • Cathy Purvis • Jeff Stearns Minutes of the Town Council Regular Meeting. January 2, 2025. Page 8 Town Council did not enter into Executive Session. Deputy Clerk Valichnac explained the voting process. Council Members marked their top two choices to fill the vacant seats. Deputy Clerk Valichnac gathered the ballots, tallied the votes, and read the votes aloud. Vote #1 Mayor Irwin voted for Richard Miller and Jeff Stearns Council Member Smith voted for Richard Miller and Cathy Purvis Council Member Fernau voted for Richard Miller and Jeff Stearns Council member Phillips voted for Richard Miller and Jeff Stearns Council Member Heisler voted for Richard Miller and Jeff Stearns Total votes cast for Richard Miller- 5 Total votes cast for Jeff Stearns- 4 Total votes cast for Cathy Purvis- 1 Deputy Clerk Valichnac stated that two applicants had received a majority vote and are both eligible to be seated to the Commission. Motion #1 Council Member Heisler moved to approve Resolution No. 25-1762 appointing Richard Miller to serve on the Pinetop-Lakeside Planning & Zoning Commission with a term ending July 23, 2026. Council Member Jerry Smith seconded the motion and by show of hands the following vote was recorded: AYES NAYS ABSTAIN Mayor Irwin X Council Member Heisler X Council Member Smith X Council Member Phillips X Council Member Fernau X Mayor Irwin then declared the motion passed unanimously. Motion #2 Council Member Heisler moved to approve Resolution No. 25-1763 appointing Jeff Stearns to serve on the Pinetop-Lakeside Planning and Zoning Commission with a term ending July 23, 2026. Council Member Phillips seconded the motion and by show of hands the following vote was recorded: Minutes of the Town Council Regular Meeting. January 2, 2025. Page 9 AYES NAYS ABSTAIN Mayor Irwin X Council Member Heisler X Council Member Smith X Council Member Phillips X Council Member Fernau X Mayor Irwin then declared the motion passed unanimously. Adjournment Mayor Irwin There being no further business at this time, the regular meeting was adjourned at approximately 7:11 p.m. ________________________ Stephanie Irwin, Mayor ATTEST: ________________________ Kristi Salskov, CMC Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the Town Council of the Town of Pinetop-Lakeside, Arizona, held on the 2nd day of January 2025. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 2nd day of January 2025. _________________________ Kristi Salskov, CMC Town Clerk Meeting Date: January 16, 2025 Agenda Item #: C.2 Subject: Consider Resolution No. 25-1764, Approving Appointments to the Board of Directors of the Pinetop Water Community Facilities District. TOWN OF PINETOP-LAKESIDE MEMORANDUM Meeting Date: January 16, 2025 Agenda Item #: C. 2 Subject: Consider Resolution 25-1764, Approving Appointments to the Board of Directors of the Pinetop Water Community Facilities District. Type of Action ☒ Resolution ☐ Ordinance ☒ Formal Action/Motion Requested: ☐ Public Hearing ☐ Other BACKGROUND SUMMARY: The Mayor and Town Council of the Town of Pinetop-Lakeside passed and adopted Resolution 302 (now 92-302), canvassing the vote of the qualified electors held on November 3, 1992, approving the formation of the CFD and appointment of the first Board of Directors for the Pinetop Water Community Facilities District (“CFD”). On December 15, 2016, the Mayor and Town Council approved the re-appointments of Byron Brown, Greg Schimmel, and Barry Green in Resolution 16-1389 with terms extending through November 8, 2022. The resolution forming the CFD requires the Town of Pinetop-Lakeside Mayor and Town Council to approve the appointments to the Board of Directors for the Pinetop Water Community Facilities District. DISCUSSION: The Pinetop Water Community Facilities District Board of Directors consists of five (5) members. Brian Brownlow will be appointed to fill a vacancy on the Board of Directors. His term will expire on November 8, 2026. Chad Bolton will be appointed to fill a vacancy on the Board of Directors. His term will expire on November 8, 2028. Ron Stebbins will be re-appointed to the Board of Directors. His term will expire on November 8, 2026. Byron Brown and Greg Schimmel will be re-appointed to the Board of Directors. Their term will expire on November 8, 2028. RECOMMENDATION: Town Clerk Salskov recommends that Town of Pinetop-Lakeside Mayor and Town Council approve Resolution 25-1764 for the appointments of Brian Brownlow and Chad Bolton and the re-appointments of Ron Stebbins, Byron Brown, and Greg Schimmel to the Pinetop Water Community Facilities District Board. TOWN OF PINETOP-LAKESIDE RESOLUTION NO. 25-1764 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, APPOINTING BRIAN BROWNLOW AND CHAD BOLTON AND RE-APPOINTING RON STEBBINS, BYRON BROWN, AND GREG SCHIMMEL, TO THE BOARD OF DIRECTORS OF THE PINETOP WATER COMMUNITY FACILITIES DISTRICT. WHEREAS, on November 9, 1992, the Mayor and Town Council of the town of Pinetop-Lakeside passed and adopted Resolution 302 (now 92-302), canvassing the vote of the qualified electors held on November 3, 1992 approving the formation the Pinetop Water Community Facilities District (“CFD”) and appointment of the first Board of Directors of the CFD; and WHEREAS, the District has requested and received letters of interest from individuals owning land within the District boundaries, a qualified elector of the state; and WHEREAS, the resolution forming the CFD requires the Town of Pinetop-Lakeside Mayor and Town Council to appoint said Board of Directors; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, that Brian Brownlow be appointed to the Board of Directors of the Pinetop Water Community Facilities District, to fill a vacancy on the Board. His term will expire on November 8, 2026; and Chad Bolton be appointed to the Board of Directors of the Pinetop Water Community Facilities District, to fill a vacancy on the Board. His term will expire on November 8, 2028; and Ron Stebbins be re-appointed to the Board of Directors of the Pinetop Water Community Facilities District. His term will expire on November 8, 2026; and Byron Brown and Greg Schimmel be re-appointed to the Board of Directors of the Pinetop Water Community Facilities District. Their term will expire on November 8, 2028. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Pinetop-Lakeside this 16th day of January 2025. TOWN OF PINETOP-LAKESIDE ________________________________ Stephanie Irwin, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ________________________________ Kristi Salskov, CMC, Town Clerk Williams J. Sims, III, Town Attorney Meeting Date: January 16, 2025 Agenda Item #: D.1 Subject: Town of Pinetop-Lakeside Proclamation “Future Business Leaders of America Week” February 9-15, 2025. Meeting Date: January 16, 2025 Agenda Item #: D.2 Subject: Public Hearing, Discussion, and Consideration of Resolution No. 25-1765, Approving a Major Amendment to the Land Use Element of the 2015 General Plan by Changing the Land Use Designation for 70.16 + Acres on the East Side of S. Penrod Road. TOWN OF PINETOP-LAKESIDE RESOLUTION NO. 25-1765 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, ADOPTING A MAJOR PLAN AMENDMENT TO THE LAND USE ELEMENT OF THE 2015 GENERAL PLAN FOR 70.16± ACRES AS DESCRIBED WITHIN “EXHIBIT A”. WHEREAS, Town Council has established the Planning and Zoning Commission as the planning agency for the Town, and WHEREAS, Town Council adopted Resolution No. 13-1284 declaring a public participation plan, and WHEREAS, the Planning and Zoning Commission has drafted a comprehensive, long-range General Plan for the development of the Town in accordance with the requirements A.R.S. §9- 461; and WHEREAS, the Planning and Zoning Commission held a public hearing on September 26, 2024, and has reviewed the proposed Major Plan Amendment to the 2015 General Plan Land Use Element and the public comments related to the Major Plan Amendment to the Land Use Element of the 2015 General Plan; and has unanimously recommended the adoption of the Major Plan Amendment to the Land Use Element of the 2015 General Plan for 70.16± as described within “Exhibit A” to the Mayor and Town Council; and WHEREAS, Town Council held a public hearing on January 16, 2025, to hear public comments on the proposed Major Plan Amendment to the Land Use Element of the 2015 General Plan; and WHEREAS, after reviewing the proposed Major Plan Amendment to the Land Use Element of the 2015 General Plan and considering the public comments received by the Planning and Zoning Commission at its September 26, 2024, public hearing and the public comments offered at the public hearing before the Town Council on January 16, 2025; Town Council believes that adopting the proposed Major Plan Amendment to the Land Use Element of the 2015 General Plan for 70.16± acres as described within “Exhibit A”, and finding that it is in the best interests of the Town and will help promote the health, safety, and welfare of the Town; and WHEREAS, Town Council has reviewed the scope of the proposed Major Plan Amendment to the Land Use Element of the 2015 General Plan for 70.16± acres and finds that the Major Plan Amendment to the Land Use Element of the 2015 General Plan fulfills the requirements of A.R.S. §9-461.05.C.1; and WHEREAS, The 2015 voter-approved General Plan defines a Major Plan Amendment as any proposal(s) that substantially alters the mixture or balance of these land uses and is greater than fifty gross acres OR that alters the land use designation for 25 percent or more of a total area of an approved development, or it significantly impacts levels of safety or service as determined by the Planning and Zoning Commission, OR conflicts with or alters the goals and/ or objectives of any General Plan Element. After a staff review, a Planning and Zoning Commission public hearing and recommendation, and a public hearing by the Town Council, a Major Amendment will require a two-thirds majority of the Council approval; and WHEREAS, the Major Amendment to the 2015 Pinetop-Lakeside General Plan Land Use Element for 70.16± acres as described within “Exhibit A” is designated a public record, three (3) copies of which shall be filed in the office of the Town Clerk for public review and inspection. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Pinetop-Lakeside; Section 1:That Document known as “Major Plan Amendment to the 2015 Pinetop-Lakeside General Plan Land Use Element” for 70.16± acres, as described on “Exhibit A” has been reviewed and approved by the Planning and Zoning Commission and has been recommended by the Planning and Zoning Commission for adoption by the Town Council. Section 2: The “Major Plan Amendment to the 2015 Pinetop-Lakeside General Plan Land Use Element” is hereby approved the the Town Council and designated as a public record, three (3) copies of which shall be on file in the office of the Town Clerk for public review and inspection. PASSED AND ADOPTED at a regular meeting by the Mayor and Town Council of the Town of Pinetop-Lakeside this 16th day of January 2025 TOWN OF PINETOP-LAKESIDE ____________________________ Stephanie Irwin Mayor ATTEST: APPROVED AS TO FORM: _________________________ _____________________________ Kristi Salskov, CMC William J. Sims, III Town Clerk Town Attorney EXHIBIT A LEGAL DESCRIPTION + 70.16 ACRES A portion of Sections 2 and 3, Township 9 North, Range 22 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona, more particularly described as follows: PARCEL I: All that portion of the West-half of the Southwest-quarter of the Southwest-quarter of said Section 2. Containing 20 acres, more or less. RESERVING, SUBJECT TO, AND TOGETHER WITH all easements of record. PARCEL II: All that portion of U.S.F.S. Lot 12, as shown on survey Recording Fee #2010-04390, Records of Navajo County, being the Southeast-quarter of the Southeast-quarter of said Section 3, more particularly described as follows: BEGINNING at the East 1/16 corner of said Section 3, said corner also being the Southwest corner of said Lot 12; Thence South 89°38’39” East, along the South line of said Lot 12, a distance of 1333.20 feet to the Southeast corner of said Section 3; Thence North 02°15’44” West, along the East line of said Section 3, a distance of 1396.40 feet to the South 1/16 corner; Thence South 89°33’17” West, along the North line of said Lot 12, a distance of 1332.02 feet to the Southeast 1/16 corner; Thence South 02°14’36” East, along the West line of said Lot 12, a distance of 1377.73 feet to THE POINT OF BEGINNING; Containing 42.40 acres, more or less. RESERVING, SUBJECT TO, AND TOGETHER WITH all easements of record. PARCEL III All that portion of the Southwest-quarter of the Southeast-quarter of Section 3, Township 9 North, Range 22 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona, lying East of Penrod Road, more particularly described as follows: COMMENCING at the South 1/4 corner of said section, said corner also being the Southwest corner of Lot 11, as shown in survey recorded in Fee#2010-4390, Records of Navajo County; Thence South 89°38’21” East, along the South line of, said Lot 11, a distance of 1333.24 feet to the E1/16 corner of said section; Thence North 02°14’36” West, along the East line of said Lot 11, a distance of 138.31 feet to a point lying on the West right-of-way of Penrod Road; Thence continuing North 02°14’36” West, along said East line, a distance of 169.16 feet to a point lying on the East right-of-way of Penrod Road, and THE POINT OF BEGINNING; Thence continuing North 02°14’36” West, along said East line, a distance of 1070.26 feet to the Northeast corner of said Lot 11; Thence South 89°33’17” West, along the North line of said Lot 11, a distance of 567.64 feet to a point lying on said East right-of-way of Penrod Road, said point also lying on a non-tangent curve to the left, having a radius of 4500.29 feet; Thence 1230.94 feet, along said curve to the left, having a central angle of 15°40’18”, and a chord bearing South 29°46’57” East, 1227.11 feet to THE TRUE POINT OF BEGINNING; Containing 7.76 acres, more or less. RESERVING, SUBJECT TO, AND TOGETHER WITH all easements of record. Meeting Date: January 16, 2025 Agenda Item #: D.3 Subject: Public Hearing, Discussion, and Consideration of Ordinance No. 25-479, approving a Zoning Amendment (Z-90) for 70.16 + Acres on the East Side of S. Penrod Rd. Coversheet September 26, 2024, Minutes of the Regular Meeting of the Planning and Zoning Commission TOWN OF PINETOP-LAKESIDE ORDINANCE NO. 25-479 AN ORDINANCE OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF PINETOP- LAKESIDE REGARDING APPLICATION Z-90, A ZONING AMENDMENT REQUEST FOR 70.16± ACRES AS DESCRIBED IN “EXHIBIT A”, FROM PUD, PLANNED UNIT DEVELOPMENT AND R-LOW, 1 ACRE RURAL ZONING DISTRICT – ONE (1) ACRE PER DWELLING UNIT TO C-2, HEAVY COMMERCIAL. WHEREAS, the Planning and Zoning Commission held a public hearing on the proposed amendment on September 26, 2024, and WHEREAS, the Planning and Zoning Commission has, by official action, made a recommendation for approval of the Zone Change to the Town Council, and WHEREAS, Town Council held a public hearing on January 16, 2025, and has considered comments regarding this proposed rezoning, and WHEREAS, Town Council has determined that rezoning the subject property is appropriate and not detrimental to public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona as follows: Section 1: The property described in “Exhibit A” is hereby rezoned from PUD, Planned Unit Development, and R-Low, 1 Acre Rural Zoning District to C-2, Heavy Commercial Zoning District, as per Chapter 17.128 of the Pinetop-Lakeside Town Code. Section 2: Pursuant to A.R.S. §9-802, the Town hereby adopts the amendment to the official Zoning Map of the Town of Pinetop-Lakeside for 70.16 + Acres as shown in “Exhibit A”and shall reflect a C-2, Heavy Commercial Zoning District designation in accordance with this Ordinance, a copy of which is on file with the Town Clerk of the Town of Pinetop-Lakeside, Arizona, located at 325 W. White Mountain Blvd. Lakeside, AZ 85929. Section 3: This Ordinance is effective upon the expiration of a thirty (30) day period following the adoption hereof and completion of publication and any posting as required by ARS § 9- 462.04. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Pinetop- Lakeside, Arizona, this 16th day of January 2025. TOWN OF PINETOP-LAKESIDE Stephanie Irwin, Mayor ATTEST: APPROVED AS TO FORM: Approved by Attorney Sims- Sig To Follow ___________________________ _____________________________ Kristi Salskov, CMC William J. Sims, III Town Clerk Town Attorney EXHIBIT A LEGAL DESCRIPTION ±70.16 ACRES A portion of Sections 2 and 3, Township 9 North, Range 22 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona, more particularly described as follows: PARCEL I: All that portion of the West-half of the Southwest-quarter of the Southwest-quarter of said Section 2. Containing 20 acres, more or less. RESERVING, SUBJECT TO, AND TOGETHER WITH all easements of record. PARCEL II: All that portion of U.S.F.S. Lot 12, as shown on survey Recording Fee #2010-04390, Records of Navajo County, being the Southeast-quarter of the Southeast-quarter of said Section 3, more particularly described as follows: BEGINNING at the East 1/16 corner of said Section 3, said corner also being the Southwest corner of said Lot 12; Thence South 89°38’39” East, along the South line of said Lot 12, a distance of 1333.20 feet to the Southeast corner of said Section 3; Thence North 02°15’44” West, along the East line of said Section 3, a distance of 1396.40 feet to the South 1/16 corner; Thence South 89°33’17” West, along the North line of said Lot 12, a distance of 1332.02 feet to the Southeast 1/16 corner; Thence South 02°14’36” East, along the West line of said Lot 12, a distance of 1377.73 feet to THE POINT OF BEGINNING; Containing 42.40 acres, more or less. RESERVING, SUBJECT TO, AND TOGETHER WITH all easements of record. PARCEL III All that portion of the Southwest-quarter of the Southeast-quarter of Section 3, Township 9 North, Range 22 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona, lying East of Penrod Road, more particularly described as follows: COMMENCING at the South 1/4 corner of said section, said corner also being the Southwest corner of Lot 11, as shown in survey recorded in Fee#2010-4390, Records of Navajo County; Thence South 89°38’21” East, along the South line of, said Lot 11, a distance of 1333.24 feet to the E1/16 corner of said section; Thence North 02°14’36” West, along the East line of said Lot 11, a distance of 138.31 feet to a point lying on the West right-of-way of Penrod Road; Thence continuing North 02°14’36” West, along said East line, a distance of 169.16 feet to a point lying on the East right-of-way of Penrod Road, and THE POINT OF BEGINNING; Thence continuing North 02°14’36” West, along said East line, a distance of 1070.26 feet to the Northeast corner of said Lot 11; Thence South 89°33’17” West, along the North line of said Lot 11, a distance of 567.64 feet to a point lying on said East right-of-way of Penrod Road, said point also lying on a non-tangent curve to the left, having a radius of 4500.29 feet; Thence 1230.94 feet, along said curve to the left, having a central angle of 15°40’18”, and a chord bearing South 29°46’57” East, 1227.11 feet to THE TRUE POINT OF BEGINNING; Containing 7.76 acres, more or less. RESERVING, SUBJECT TO, AND TOGETHER WITH all easements of record. Meeting Date: January 16, 2025 Agenda Item #: D.4 Subject: Town Council Committee Liaison and Town Manager Monthly Reports. NO MATERIAL FOR THIS ITEM Meeting Date: January 16, 2025 Agenda Item #: D.5 Subject: Pursuant to A.R.S. §38-431.03(A)(7) the Council may vote to enter into Executive Session for the following purpose: A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property.  Discussion and instruction regarding the Washburn Property. No Action will be taken on this item. Town Council will reconvene to the Open Meeting to adjourn the Regular Meeting NO MATERIAL FOR THIS ITEM

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