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HomeMy WebLinkAbout2012 10.16 City Council Regular Agenda PLEASE FILL OUT A"R6ofJEST TO SPEAK"FORM IF YOU WISH TO AD1762CSS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIi .TEM. gACI Q City of Junction Home of the Superstition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD �•. APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA October 16, 2012 7:00 PM A. CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to,acceptance of agenda, acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of October 2,2012. 3. Consideration of intergovernmental agreement with Pinal County for election and voter registration services for the March 2013 and May 2013 elections. This agreement is required to obtain required election-related services from Pinal County E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time None F ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 4 MANAGER'S REPORT H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council. 5. APPLICATION FOR A SPECK EVENT LIQUOR LICENSE FOR SUPERST7N MOUNTAIN ROTARY CLUB#1246 FOR NOVEMBER 9-11,2012 567 WEST APACHE TRAIL. This is for the Festival of the Superstitions being held at the Chamber of Commerce The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 6. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON OCTOBER 26-27, 2012, LOCATED AT 1985 WEST APACHE TRAIL. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 7. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON NOVEMBER 4,2012, LOCATED AT 1985 WEST APACHE TRAIL. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for ap it or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 8. PROPOSED RESOLUTION NO 12-34 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION. City staff has recommended to the city council that a Fiscal Year 2013 Brownfields Grant application be submitted If adopted, Resolution No 12-34 would authorize the submission of the grant application A mandated component of the application is the solicitation of public comment regarding the proposed project and grant application City staff and Mr Tod Whitwer,Allwyn Environmental,will present information necessary for the public hearing 9. SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION. This is the second of two required public hearings necessary for placement of the continuation of the Local Alternative Expenditure Limitation- Home Rule Option question on the March 12, 2013 City Primary Election ballot. AT THE CONCLUSION OF THIS ITEM,THE APACHE JUNCTION CITY COUNCIL WILL RECESS THE REGULAR MEETING IN ORDER TO CONVENE A SPECIAL MEETING FOR THE PURPOSE OF CONSIDERING RESOLUTION NO 12-33,AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION-HOME RULE OPTION. 10. PROPOSED RESOLUTION NO 12-33, AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION- HOME RULE OPTION. Adoption of Resolution No 12-33 will allow for continuation of the local alternative expenditure limitation - home rule option question to be placed on the March 12,2013 primary election ballot AT THE CONCLUSION OF THIS ITEM,THE APACHE JUNCTION CITY COUNCIL WILL RECESS THE SPECIAL MEETING AMP RECONVENE THE REGULAR COUNCIL MEETING OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to inclJde those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 11 ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS. Council interviewed applicants at the October 15 work session This item allows the council the opportunity to appoint or reappoint applicants to the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Municipal Property Corporation and Public Safety Personnel Retirement Board K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None L SELECTION OF MEETINc.DATES, TIMES, LOCATIONS, ANP'RURPOSES: 12 EXECUTIVE SESSION AT 5 45 P M AND WORK SESSION AT 7.00 P.M. FOR MONDAY, NOVEMBER 5,2012. 13. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, NOVEMBER 6,2012. OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may, at the conclusion 1) respond 4"1"- to criticism by a speaker,2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone, provide their name and address There is a three(3) minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 OOa—6 OOp, excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time .ter CITY COUNCIL REGULAR MEETING OCTOBER 2, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 2, 2012, at the Apache Junction City Council Chambers pursuant to the notice .•. required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson " (Councilmember Barker was absent. ) Staff Present : Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Parks and Recreation Director Jeff Bell Development Services Director Brad Steinke REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 1 OF 32 Others Present : Senior Planner Rudy Esquivias Facility Manager Jamie Sullivan Parks Superintendent Nick Blake D.A. R. E. Officer Brian Selman D.A.R. E. Officer Marshall Harshman D.A. R. E. Officer Carl Halperin ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE STATEMENT OF WORK WITH IBM COPLINK FOR SOFTWARE FOR THE POLICE DEPARTMENT WITH THE COST TO THE CITY BEING $3, 600 . 00 AND THE REMAINING COST OF $21, 400 . 00 COMING FROM A GRANT. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous on Items 1 and 2, 5-1 on Item 3 . (Councilmember Serdy voted in opposition on Item 3 . He stated in his tenure on council he has never voted against anything the police have wanted, but he has concerns about how far that system will go in the future. He wants to see it, but he also has concerns for it . He voted no on Item 3 . ) The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating October 2012 as Domestic Violence Awareness Month and presented the proclamation to Public Safety Director Jerald Monahan, who introduced the new executive director of Community Alliance Against Family Abuse, Elizabeth Ditlevson Garman. Facility Manager Jamie Sullivan presented a video from the recent Arizona Parks and Recreation Association announcing the city' s parks and recreation department as the winner of this year' s "Educational Program Award" for the Fit Families Program. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 2 OF 32 Vice Mayor Dietz suggested she talk to Mountain Health and Wellness and see if this would be a nice connection with the Fit Families Program. Facility Manager Jamie Sullivan stated it could be and it is a great idea for another partnership. Parks Superintendent Nick Blake gave a presentation on the 25 ... years of service of Dennis Stevens, parks maintenance worker. Public Safety Director Jerald Monahan introduced new D.A.R. E Officers Brian Selman, Marshall Harshman and Carl Halperin. Officer Harshman gave a short presentation on the future of D.A. R. E. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced several of them attended the groundbreaking for the townhomes across the street from the multi-gen center last week. It is a unique subdivision where people can rent the homes and after 15 years of renting the home the rent can apply towards the purchase of the home. Councilmember Waldron announced he attended another blessing of a house for Habitat for Humanity sponsored by a Pinal County grant . Councilmember Waldron commented if one did not get the chance to attend the grand opening of Central Arizona College, it is a very impressive facility. Vice Mayor Dietz commented a Pinal County Supervisor was also at the Habitat for Humanity with his hard hat, hammer and nails . Councilmember Wilson announced a week ago last Friday he attended the Pinal County Disaster Preparedness Tabletop Exercise in Florence. State, county and local government officials attended along with several businesses . He learned that over 60% of businesses do not recover from a disaster. This exercise was to help the communities understand the effects of a major storm and come up with plans for handling disasters . November 2 the chamber is having a training session for local businesses to help put together a plan for a disaster. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 3 OF 32 Councilmember Serdy reminded those that ran for constable in August that the election is over and they need to take down their signs and someone needs to let Mr. Penzone know in Maricopa County that Meridian is the county line as he has a sign at Ironwood and Apache Trail. Mayor Insalaco commented the college is gorgeous on the outside but it does not do justice to what is inside, including the labs and classrooms . CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the Getting Arizona Involved in Neighborhoods event on October 20, the annual Domestic Violence Candlelight Vigil on October 24 and the next Citizen Leadership Institute. Apache Junction Fire District Chief Paul Bourgeios gave a presentation regarding fire safety and a recent fire in a mobile home park. Mayor Insalaco complimented the work of Apache Junction Fire District Employee Mark Gomez for his work with a family that lost everything in a fire. Chief Paul Bourgeios gave additional information on what Mark Gomez had done for the family. Assistant City Manager Bryant Powell gave a quarterly update on the Downtown Redevelopment and Implementation Strategy including the reconstruction of North Apache Trail, unique street signage for the downtown area and the first segment of the Main Street design being built in partnership with Mountain Health and Wellness . ... Mr. Rob Evans, chief executive officer of Mountain Health and Wellness, gave a presentation on the economic impact of locating their integrated health care facility in the downtown area. He also briefed the council on the garden plots at Earth Heart Park. Vice Mayor Dietz commented the garden beds are 4' by 8' and are raised beds. It is a good amount of space. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 4 OF 32 Councilmember Serdy asked where the soil came from that is being used in the beds . Mr. Rob Evans stated they bought it through donations. It includes fertilizer. He continued with his briefing and then gave the mayor a check for $184, 000 that was due in January. Vice Mayor Dietz commented they have done a fantastic job. The �., wellness program is unique and he believes a lot more organizations will be following his lead in the future. Earth Heart Park is a vital part of this with the kitchen and teaching people how to cook and use these things . All the different areas of the park will be a real plus. Mr. Rob Evans stated their target for wellness is joyfulness . He hopes the park will let people have a little more joy in their lives . He thanked them for their support . Vice Mayor Dietz commented it is important that half the facility is set up for primary care. It is not just mental health. They have primary care doctors in there so that everything can be taken care of at one location. Mr. Rob Evans stated they can come in and see their primary care doctor, their counselor, their psychiatrist, partake in Tai Chi and get some exercise or fill a prescription at the pharmacy. Assistant City Manager Bryant Powell stated the development agreement is a partnership established with Mountain Health and Wellness . It was a 50/50 deal on the portions and it is great to see that come forward. Mayor Insalaco commented it is nice for the public to know that when we do business with someone they are putting money in and it is not all city taxpayer money. Mr. Rob Evans added the garden is all private money. PUBLIC HEARINGS CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION- HOME RULE OPTION REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 5 OF 32 City Clerk Kathleen Connelly briefed the council on the item. Assistant City Manager Bryant Powell briefed the council on the budgetary implications of the item. Vice Mayor Dietz commented the city would have the money but it could not spend all of it . Assistant City Manager Bryant Powell agreed and continued with his briefing. Vice Mayor Dietz commented not having a parks and recreation department at the time is included. Assistant City Manager Bryant Powell stated that is correct, it also included no library department and a small public safety department . City Clerk Kathleen Connelly stated there were two people in the public safety department. Councilmember Serdy asked if every city and town in Arizona votes on this . City Clerk Kathleen Connelly stated some cities do not have to because they are not butting up against that expenditure limit . Our neighbor to the west, Mesa, did not have to do it for many years and she believes four years ago they finally had to go to the voters. There may be •�.. some cities that have not had to do it . Councilmember Serdy asked if there are any horror stories of cities where it did not pass and what has happened. City Clerk Kathleen Connelly stated she was not aware of any. Assistant City Manager Bryant Powell stated of all the cities, he does not know of any other REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 6 OF 32 city incorporated in 1978-1979 so there might not have been an impact from any no votes. City Attorney Joel Stern commented there are also some cities that have done a permanent adjustment . He does not know how many have done it, but if they do it they do not have to go through it every four years. He does not know of any other city where it did not pass but it has happened to some other entities . Other entities have had to do it also, such as school districts . There is a different formula but if it does not pass, they face horrible things like Mr. Powell has been bringing up Mayor Insalaco commented that in layman' s terms, it is basically one is not spending more money; it is not being able to spend the money one has. The city would have the money but would not be able to use it. City Attorney Joel Stern stated that is correct. The sales tax continues to come in. The money from Housing and Urban Renewal Funds come in, but the city cannot spend what they are not allowed to since the voters did not approve it, if this does not pass . That would be the effect. Vice Mayor Dietz commented the city had a very small police department and parks department at the time this was passed. Under the formula and population growth, they would also have to cut the budget for those departments to reach the state-imposed formula. Assistant City Manager Bryant Powell stated that is correct . Under the state-imposed limitation the city estimates it would be able to spend $25, 113, 637 . The anticipated amount of revenue for operating the entire city government is $32, 200, 000 . The variance is in the neighborhood of $7 million. In order to get to the $7 million, the library is $1 . 1 million, the parks department is $3 million, and they are then looking at public works and public safety. He commented a frequent question is if home rule is just a back door way of increasing taxes . The answer to that is no. This is not a tax issue. Tax increases or decreases are separate issues that are handled through a public process with REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 7 OF 32 the representatives elected. Home rule neither increases nor decreases the sales tax, which is the primary revenue source for city services . The city does not have a property tax. Qualified city electors may participate in the election. These would be residents properly registered prior to the cutoff date. If anyone has any questions he suggested they contact Community Relations Manager Pat Brenner. Mayor Insalaco opened the .•., public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated he believes this was done for responsibility and a lot of things done in Apache Junction have been way over budget. He suggested they not go over budget on projects if they want the voters to approve home rule. He is concerned that the big bucks for the roadways go where the new developments are and the neighborhoods look terrible. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council . He could not think of anything worse than not being able to do work because, even though the money was available, the city could not do it . He thinks the council is wise to present this to the voters. They use their best judgment to spend the money wisely that comes in. He urged the council to put it on the ballot. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. He added it seems like they only have one person who states they are over budget. However, .044 he does not go back to realize that things were added to the project and it was not over budgeted. He then closed the item as there was no further discussion. This was a public hearing only with no action required. They moved on to the next item. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 8 OF 32 ORDINANCE NO. 1385, CASE PZ-2-12, PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, AMENDING THE PREVIOUS DEVELOPMENT PLAN FOR VILLAGIO AND ALLOWING SINGLE-FAMILY HOMES AS A CONDITIONAL USE IN A MULTI-FAMILY ZONE/RESOLUTION NO. 12-31, CASE SD-1-12, PRELIMINARY PLAT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR A PROPOSED 37-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES/ RESOLUTION NO. 12-32, CASE SD-1-12, FINAL PLAT APPROVAL REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR THE PROPOSED VILLAGIO SINGLE-FAMILY HOMES SUBDIVISION Senior Planner Rudy Esquivias briefed the council on the items . Vice Mayor Dietz asked if there is any parking on the streets that "T" off in the subdivision. Senior Planner Rudy Esquivias stated there is not . Aft Vice Mayor Dietz commented any guest parking will have to be in their long driveway. Senior Planner Rudy Esquivias stated that is correct and there is parking on one side of the street on Desert View. Mr. Suniga of the fire district reviewed the plan and the recommendation is to allow parking on one side of the street due to it being so narrow. It has been done in a couple of other developments as well. Vice Mayor Dietz asked if the fire department has a problem with that . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 9 OF 32 Senior Planner Rudy Esquivias stated they do not. Vice Mayor Dietz commented the homeowners association will be taking care of the road maintenance in there. He asked if the guy who owns the property down on the bottom will be required to join the homeowners association since that is his main entrance. Senior Planner Rudy Esquivias stated he will not . They have not heard from him but he is a pre-existing property owner. If he wants to use some of the amenities he might want to talk to the homeowners association about becoming a member, but he is not required to. Councilmember Wilson asked what the main concern was for the person on planning and zoning that voted no. Senior Planner Rudy Esquivias stated their main concern was the smallness of the lots and homes being too close together. In some locations the homes will be about 6' apart, which is the minimum allowed by the building code. In certain areas, there are what are called use and benefit easements, where a person' s property line is actually in a common use area by both neighboring property owners. He felt it was too congested; too much in a small space and lack of privacy were the concerns he expressed. Vice Mayor Dietz commented these are a lot like the homes Kaufman did off of Goldfield and Cortez. Senior Planner Rudy Esquivias stated it is very similar to Arizona Goldfield in terms of the hammerhead clusters . Vice Mayor Dietz commented they did the same things with the streets . Mayor Insalaco commented they are called hammerheads . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 10 OF 32 Senior Planner Rudy Esquivius stated they are called hammerhead clusters . They can notice on the plat that there is a jog in some of these property lines . Those are called z-lots . When they toured the master planned communities, they toured Agritopia and saw that concept in practice. It allows for one garage to be up front with another garage staggered towards the back. It creates a z-lot design that allows for staggering of the units. Vice Mayor Dietz commented the fire district will not have a problem getting down to that deadhead and maneuver. Senior Planner Rudy Esquivias stated the hammerhead links are probably short enough that they will not have to drive in there. The grass-paved areas are capable of supporting the weight of a fire apparatus. Councilmember Evans asked if the owner-developer is also builder. She asked if there is a designated builder. She asked if this is a project that with approval will begin immediately. Senior Planner Rudy Esquivias stated Mr. Hassell is here this evening. He has not discussed those details with the contractor as to who the builder will be or if he is just brokering the development . These would be great questions for him. Mayor Insalaco requested the applicant address the council . Mr. Hudd Hassell addressed the council. He stated in 2011 they purchased Casa Villa, just down the street from this subdivision. At the time a chain link fence surrounded it . They finished the various improvements the previous developer had left. They worked with staff and fast tracked the development to get it ready. They sold it to Wilson Parker Homes . He budgeted 18 months to sell the 35 homes, starting in December 2011 . It sold out in 7 months . He wished that the gentleman who left earlier was still here because some of the improvements that were done were not funded from Casa Villa . The city recently improved Cedar. It had nothing to do REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 11 OF 32 with the development or what was being done there. They are extremely grateful . It is almost 3 months exactly from start to finish for the preliminary plat through the final plat, with just a little over four months when the development agreement is included. He commended Assistant City Manager Bryant Powell, Brad, Rudy and everyone else for helping them get it through. They are going through the architectural phase now. They have submitted drawings for the elevations . These will be new single family homes, not the townhomes originally planned for the --► subdivision. Townhomes did not feel right here; they belong in a more urban, downtown area. They have seen that the Casa Villa neighbors improved their yards as the area was improved. Calls to the police have gone down in the area. They feel it has been a benefit to the area. Councilmember Evans agreed with him. Any project is a benefit to the area. Her background was in real estate for 24 years . She was curious if they were going to do the street improvements and sell the project. This neighborhood has gone through several of development plans where nothing has happened. She has seen their background of the company with no builders and no one with a contractor license. She asked who they are and what they are going to do. She understands they can shop the project . She does not have a problem with that . She wants to know their intent, if they are just going to improve 16th Avenue for now or if they are going to start breaking ground soon. Mr. Hudd Hassell stated they had a meeting with their title company to start their public report . They have also had a meeting with the loan originators for all the loans . They have gone through the floor plans and made the design changes . They do not feel there is a ready- made builder for this particular project . They think they are going to have to do it. In the past they would not have done that as they have done standard lots and there are plenty of builders . White Dove, Casa Villa and Meridian Manor are all sold out in that area. Councilmember Evans commented it is a great time. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 12 OF 32 Mr. Hudd Hassell stated it is a great time to be a builder. They will use a little bit of the market power to see if they can draw someone in who has that experience and is ready to go. They have done it in the past and they are not afraid now. Jordan Hatch has left Pulte and would be his construction manager. They are building a team almost reluctantly to go vertical . They think only the smart people go vertical and the dumb developers have to just stick .�. with the horizontal stuff. They are ready to do it if the market shows it is not so sure about z-lots . They will take the lead and show that in a good market you can build good products that are affordable. He noticed how traffic stops between Ironwood and Signal Butte for people going home to Johnson Ranch. They can put a human directional at the interchange that says they are home. They do not need to spend an hour everyday extra driving home. Councilmember Evans asked if he thinks they will have something going over there within a year. Mr. Hudd Hassell asked if she meant homes or horizontal . Councilmember Evans stated to just even get started on the horizontal. Mr. Hudd Hassell stated he wished the guy who stormed out was still here. Our budget amount for the development agreement is $790, 000 . They will be under budget and deliver on time or earlier for this project. They already have all their budgets lined out for on-site stuff. They are hard-bidded on Villagio now. They are adding in the development stuff for 16th Avenue so that they can figure out what the total cost will be. They are ready to go on the horizontal stuff almost immediately. They have paid $60, 000 to Arizona Water Company and almost $30, 000 to Salt River Project for design work. Recently they paid thousands of dollars to Arizona Department of Environmental Quality. If they were not going to build, they would not record a final plat or go through all the motions of spending $60, 000 in engineering work. They would just go through a pre-plat and then shop that They have full drawings, they have full approval by Arizona Department of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 13 OF 32 Environmental Quality for their water and they hope to have the sewer done in a week. At that point they can start construction. Councilmember Evans asked which way they feel they will go; stay horizontal or go vertical . Mr. Hudd Hassell stated they have always done the horizontal. If he does the vertical, it would be reluctantly. He would have to bring in a team that has a craft and skill that he is not familiar with. He would have to manage the sales process, get the homes sold and warranty the homes . He thinks he might end up having to do that. He does not know that there is anyone jumping at them right now asking for his lots. He thinks right now if one can build a quality home in Apache Junction and be around $130, 000 finished, they will sell all day long. Councilmember Evans commented she totally agreed. She thinks it is a sellable product. They are all over Queen Creek. They have another project on Goldfield of similar type. People like the single family homes, whether they are small lots or not. Her concern is that this neighborhood has been through this several times She wants them to have some kind of assurance that something is going to happen there. Mr. Hudd Hassell commented they are the ones that came in and got it rolling in this neighborhood. They picked up a broken project that had sat for years and fixed it . In seven months they have 31 homes built in that project . Councilmember Evans asked if they intend to go vertical . Mr. Hudd Hassell stated their intention is to start building immediately on the horizontal and they will work on the vertical as they can. Councilmember Serdy commented his son just bought one of the homes over there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 14 OF 32 Mayor Insalaco commented it is turning out to be a nice little neighborhood. What makes it nice is that the people that already lived there across the street and everybody else are now cleaning up and fixing up their own places . Mr. Hudd Hassell commented they met great people . They had people who volunteered to do ,.., security duty at night . They are fantastic people in the area who helped keep the project going. Mayor Insalaco opened the public hearing on Ordinance No 1385. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council . She stated she was coming as chairperson of the planning and zoning commission. She wanted to explain why there was one no vote on the commission vote. When this was presented to the commission they went over the same things the council has been asking, including how many more years this would be going on. It is currently a vacant lot with vagrants . Their job is to see if the project is within the ordinance and is safe, et cetera. Size is not necessarily their concern. A lot of people do not want big yards to take care of and a 7, 000 sq. ft. minimum yard should not be forced upon them. She looked at it that this is better than being in an apartment and a lot of people would like a smaller yard or no yard. As long as the fire department had no complaints on it, she could not see why it would not work. The issue discussed by the dissenting voter was that if they are going to start approving small lots, they should change the .•. ordinance so that everything as small as 1, 000 sq. ft . can be approved. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council . He stated he thought the project was fantastic but he was concerned with it not having enough visitor parking. Mayor Insalaco closed the public hearing and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 15 OF 32 Councilmember Waldron commented housing is like a grocery store. If there is a variety of housing available to people there will be more shoppers coming in. Not everyone wants a large lot and some people do. He thinks the more variety they can offer, whether it is something like this or the AJ Townhomes, than we will have a better draw to Apache Junction. One thing that struck him about the subdivision is that they may be smaller lots but there are a lot of people who like that and the homeowners — association. Some do not . It offers variety. Mayor Insalaco commented on Dateline the other night they had tenement houses in New York that were bought by a developer who made two apartments out of each apartment and people were buying them at 360 sq. ft . for over $100, 000 . Vice Mayor Dietz commented that is New York. Councilmember Wilson commented he asked the question because he wanted to know the reason for the one dissenting vote. He understands some people would prefer to have the smaller lots . He does not have a problem with that at all . He wanted to make sure there was not a concern they needed to look at . He does not want to live on a small lot, but it is an opportunity for a young family or a retired person. Vice Mayor Dietz commented there is a place for larger lots and this is a great project for this particular area. He agreed with what Councilmember Waldron said about the more variety we have. We have acre-and-a-quarter for sale out here, this project, and townhomes going in that look like homes and are gorgeous. The more variety we have, the more people will be drawn in and the more they will talk to other people. There is a place for everything. Councilmember Serdy commented in this economy it is tough to sell anything over $200, 000 as they are competing against the vacant houses in Queen Creek and Maricopa. They are selling for less than that and they are bigger. A businessman has to build what sells . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 16 OF 32 Vice Mayor Dietz commented the market is ripe. They are going. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron asked if they need to address item number two from the planning and zoning commission in the motion since it is referenced in item 6 in the ordinance. Senior Planner Rudy Esquivias stated they do not since it is in the ordinance. Councilmember Waldron MOVED THAT ORDINANCE NO. 1385 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1385, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 12-31 . There being no one wishing to speak, he closed the public hearing and reopened the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 17 OF 32 item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A NEW PRELIMINARY SUBDIVISION PLAT FOR THE "VILLAGIO" SUBDIVISION, IN CASE SD-1-12, BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, BE APPROVED. �+ Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 12-32 . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 12-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE FINAL SUBDIVISION PLAT FOR "VILLAGIO" SUBDIVISION, IN CASE SD-1- 12, BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. .•. VOTE: Unanimous . The motion carried. VILLAGIO ESTATES LLC DEVELOPMENT AGREEMENT FOR 16TH AVENUE ROADWAY IMPROVEMENTS IN THE AMOUNT OF $790, 000 . 00 Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 18 OF 32 Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council . He commented he has never heard in a city council meeting where twice in the same meeting the city was congratulated for the staff work and the ease of working with the city for something. He thinks the council and staff need to be congratulated. Mayor Insalaco commented they are supposed to be hard to get along with. They have been told that by many people . Vice Mayor Dietz asked if the council needs to add verbiage that matches the numbers . City Attorney Joel Stern stated at the end of the motion, item 15, if they are approving it, they could say "be approved with the following clerical change, page four, section roman numeral three, subsection 3 . 1, the second to the last line in the paragraph changing the word ten to eight and the word 15 to 10" so that it matches the numerical reference . That is the only clerical change. Councilmember Waldron MOVED THAT THE DEVELOPMENT AGREEMENT BETWEEN VILLAGIO ESTATES LLC AND THE CITY OF APACHE JUNCTION FOR 16TH AVENUE ROADWAY IMPROVEMENTS WITH THE CITY BEING RESPONSIBLE FOR IMPROVEMENTS WEST AND EAST OF THE SUBDIVISION IN THE AMOUNT OF $790, 000 . 00, BE APPROVED WITH THE FOLLOWING AMENDMENT: THAT CLERICAL CHANGE BE MADE ON PAGE FOUR, SECTION 3 . 1, THE SECOND TO THE LAST LINE, THE WORD "TEN" BE CHANGED TO THE WORD "EIGHT", AND THE WORD "FIFTEEN" BE CHANGED TO THE WORD "TEN". Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 19 OF 32 NEW BUSINESS ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS ) Mayor Insalaco commented there are two positions open on the Board of Adjustment . He called for any motions . Vice Mayor Dietz MOVED THAT MIKE WELLER BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2015 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT JESSE GAGE BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2015 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco commented there are two positions open on the Library Board. ^ Vice Mayor Dietz MOVED THAT LORETTA NIELSEN BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2015 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 20 OF 32 Mayor Insalaco commented they have a new appointment . He called for a motion. Councilmember Wilson MOVED TO APPOINT TODD COUSINS TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2015 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco commented there are four positions open on the Parks and Recreation Commission. He called for a motion. Vice Mayor Dietz MOVED THAT TESS NESSER AND WAYNE STANDAGE BE REAPPOINTED TO THE PARKS AND RECREATION BOARD WITH A TERM TO EXPIRE ON OCTOBER 31, 2012 . Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT JENNIFER MCGRAW BE APPOINTED TO THE PARKS AND RECREATION �.. COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2015; AND THAT JESSE GAGE BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014 Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 21 OF 32 Mayor Insalaco commented there are two positions for planning and zoning. He called for a motion. Vice Mayor Dietz MOVED THAT LIZA KOVACH AND TESS NESSER BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. COUNCIL DIRECTION TO STAFF TEMPORARY USE REGULATIONS Development Services Director Brad Steinke briefed the council on the item. He asked if they were interested in changing the time limits . For each of the holidays they could have up to 30 days on a temporary use . Vice Mayor Dietz commented it would depend on when it is . If they are looking at Fourth of July with fireworks sales, that could be done in 30 days . With Christmas they may want to put things out on the sidewalk for a month or more. Development Services Director Brad Steinke stated for the Fourth of July they only needed two weeks . It might be a self-policing type of thing, but they might get that person who just wants to hang out for a month. Councilmember Wilson commented he does not think they want to be out there the full 30 days in the month of July. Development Services Director Brad Steinke stated if time limits are a concern they will go back to the drawing board and take a look at that . Another issue was setbacks . A tent was located very close to the focal REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 22 OF 32 point area with the flags . This ordinance does not require a setback. A setback for a commercial property is around 25' in front and 10' on the side. It is left to staff to determine. If they want a setback they can plug it into the ordinance. Every property is unique and once you start putting them back they may go into the driveway and parking area. Vice Mayor Dietz commented this should be on a case by case basis and leave it up to staff. Mayor Insalaco agreed Councilmember Wilson commented one of the concerns was the signage in the public area that had to be taken down. That was part of the big concern. The majority of it was behind and it was there for a short period of time. He, personally, did not think it affected it. The signage needed to be corrected. It needs to be corrected so that they understand what they can do or cannot do. Development Services Director Brad Steinke stated they issue them a one page administrative permit that states what the conditions are. They have now learned they have to put another condition in that saying they are allowed a sign of a certain size but they are not allowed multiple signs and are not allowed to place them in the right-of -way or attach them to the right-of-way. They also talked about accessory structures and equipment. Current regulations allow virtually any type of temporary structure, container, device or vehicle, including cargo containers, that does not have a permanent foundation. He asked if they wanted that changed. They may say they do not want cargo containers . The person will then keep everything in their truck but it may be better to look at . Vice Mayor Dietz commented he could see doing something like a farmers' market where the trucks could be used with their fruits and veggies . Development Services Director Brad Steinke stated prior to cargo containers that was the way it was done. People worked out of their trucks and stored REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 23 OF 32 things in their trucks . It might be a high profile truck with a sign on the side of it but it is more traditional . Councilmember Serdy commented he believes the fireworks are more secure in the cargo container. It is a volatile product. He prefers that over having them in tents. Councilmember Wilson commented that if the cargo containers are located behind the tent instead of out in front or beside the tent, it would be semi-blocked from view. Development Services Director Brad Steinke stated they learned that one as well. Sometimes experience is the best teacher. City Clerk Kathleen Connelly asked if it would allow someone to pull a bus onto a vacant lot, first set up their pumpkin stand, then their Christmas tree stand, and then sell fireworks, living in that bus for that entire amount of time . Development Services Director Brad Steinke stated they could not live in the bus . He anticipates where they will see a Christmas tree lot where someone pulls their little mobile home or travel trailer and they work out of that . They work out of it during the day. They cannot sleep in it but it stays there and that is their onsite office. Vice Mayor Dietz commented the purpose of having that is for security and protecting their goods from being stolen at night . Most Christmas tree lots he has seen have got the small trailers or an RV and they work out of it but they sleep in it at night. City Clerk Kathleen Connelly stated she is looking at they could have the temporary situation right across the street from a Fry' s store. Fry' s would be selling the same type of merchandise. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 24 OF 32 Development Services Director Brad Steinke stated they did have that discussion. The temporary use person has considerably less overhead than the permanent guy in town selling the same product . There is nothing in the ordinance that prevents the bus from being the staging area for that temporary use. City Clerk Kathleen Connelly Am. asked if it could stay there the entire time . Development Services Director Brad Steinke stated it could. City Clerk Kathleen Connelly asked with one holiday flowing into another. Councilmember Evans commented she was not on the council when this was originally brought up. She asked if 30 days was the time frame agreed upon or discussed. She wanted to know where it came from. She thinks that a business having 30 days would definitely take away from our stand alone businesses . It is a long time frame; it is not a long weekend when they can run from December 1 . Honestly, they could take it from Thanksgiving all the way through. She asked if they would be limited to pumpkins and Christmas trees . She asked if they would limit what they could sell . Development Services Director Brad Steinke stated 30 days is the longest, running, consecutive time period of all of the uses . It would have a longer presence. We did spend a lot of time going back and forth - 30 days, two weeks. He believes they did it on the commission a little bit and he knows they did it with the council. It is the number most people felt comfortable with. It may be right for Christmas trees but wrong for pumpkins . Councilmember Wilson asked if someone could come in and open a seasonal holiday sales starting on September 25 selling pumpkins, then change it to Thanksgiving or whatever for October 25 through November 25 and then November 25 change it to something for Christmas . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 25 OF 32 Development Services Director Brad Steinke stated they could. City Attorney Joel Stern asked if they currently allow a grocery store selling things on the sidewalk seasonally. Development Services Director Brad Steinke stated they do. It is not part of this . .. City Attorney Joel Stern stated he was talking about the competition element. Development Services Director Brad Steinke stated they could. City Attorney Joel Stern asked how many days they get . Development Services Director Brad Steinke stated they do not limit them. In fact, they would like to expand these businesses' ability and encourage them to do that every day of the year. Vice Mayor Dietz commented if Fry' s wanted to put up a Christmas tree lot out in the parking lot, they could do that for two months or whatever. Development Services Director Brad Steinke stated that is correct. They are not restricted in any way. Councilmember Serdy commented he wanted to protect our own businesses . They have two flower stores . The two big seasons are Valentine' s Day and Mothers' Day. They are allowed to do specials . He asked how far they have to be, can they do tents, and if they have to stay on sidewalks. Development Services Director Brad Steinke asked if he was talking about a permanent store. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 26 OF 32 Councilmember Serdy stated that is correct . Development Services Director Brad Steinke stated with the new downtown zoning, they can display their products outside as long as it does not interfere with the circulation in the parking lot . They can find a spot to do that . Councilmember Serdy asked Assistant City Manager Bryant Powell to have Business Advocate Janine Solley make sure that they know that. They can encourage the businesses to do that . Assistant City Manager Bryant Powell stated they can. Councilmember Serdy commented he does not think they want to sell pumpkins and Christmas trees but they do want to sell bouquets and flowers on those two days . Vice Mayor Dietz commented especially on Valentine' s Day. You see a lot of them out there on the corner trying to sell stuff. Councilmember Serdy commented the hardware stores and the place on Ironwood wanted to do fireworks . He would rather see our own stores do fireworks as they are more apt to pay the sales tax than those people that come in and carpet bag. He would like them to know that they can do that as well . Assistant City Manager Bryant Powell stated part of the reason for this permit was to try to create excitement . He has lived here 10 years and wanted to purchase a Christmas tree and has not been able to. He has to go somewhere else for those . When Red Goth and Randy Grant were here working on it, the thought was having some type of temporary use. He does not know if they have gone through a full cycle yet. Development Services Director Brad Steinke stated they have not. It came out of that REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 27 OF 32 willingness to have excitement and bring excitement to the downtown kiosks . Staff is, was, and still is apprehensive about the impact of these temporary uses We have not gone through a full year or a couple years. One of his biggest concerns is the aesthetics . The ordinance is giving staff the authority to decide what is and what is not aesthetically pleasing. He showed them pictures of ones he felt were aesthetically pleasing and some that were not . It is a combination of materials used and how they are applied, whether they are in good shape and bad shape. They are all difficult to legislate but the ordinance puts that responsibility in the hands of staff. His concern is where they draw the line. He showed them other pictures of maybes . A councilmember talked about stringing products on trucks which is what the oranges are doing. A tarp may be battered and torn but it may be okay. Stuff is hung up on wires and lines and some are displayed in not the best shape . These are the things they will struggle with over time. It may take some adjustment through field experience. He cannot anticipate this ahead of time so some of this will be their reacting. He asked if they wanted to make some changes now or give it a full cycle before making any changes. Councilmember Wilson stated he would like to give it a whole year and then look at some things. His only concern is allowing a single business bringing stuff in from approximately September 25 through December 25 . Vice Mayor Dietz commented if they give it a full year they might get a better idea of what is out there and what is happening. Councilmember Waldron commented he agreed with Councilmember Wilson. He is leery to go 30 days because that is inviting some bums in It is simple enough to change it to a smaller number. They could say 14 days to eliminate that continuous use. Mayor Insalaco commented the way he brought that up it is a possibility. Councilmember Waldron stated you could also add New Year' s in there . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 28 OF 32 Vice Mayor Dietz asked what if they let it go for the year and see if anybody even does this . Councilmember Serdy asked if pets are addressed anywhere. People constantly set up with litters of dogs and cats. Development Services Director Brad Steinke stated this does not prohibit that . They should look at what falls under that . Vice Mayor Dietz commented there is the 10-year-old in front of Fry' s trying to sell puppies for $25 apiece. Councilmember Wilson commented he is president of the Arizona Horse Council . This past session there was a legislative bill that was designed to go after the puppy mills . They are trying to do a law that states you cannot sell animals from a street corner or from your home. You had to go through a dealer. Unfortunately it also affected the horse community who objected to it . The bill was amended and it failed. The sponsor is planning on resubmitting it this next session and it will not affect the horse community. The majority of us sell our horses from our property. She is trying to go after the puppy mills and their way of selling pets . It had a lot of support . Councilmember Serdy commented he does not have a problem with selling them from houses . His .•. daughter just bought a lizard online and went to the house. He does not want to see litters of dogs being sold in parking lots . Vice Mayor Dietz commented this bill would outlaw that. City Clerk Kathleen Connelly stated it does not. There was general discussion on what animals, if any, would be allowed to be sold from a home. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 29 OF 32 Councilmember Evans asked if we collected the sales tax on those businesses that were in here for Fourth of July. City Clerk Kathleen Connelly stated two things happened. First they went and made purchases from each of the vendors and were charged the correct sales tax. They then have to give them time to report and pay. Two of them reported right away and paid, the third one took a bit longer — but they reported and paid. All of those vendors were legitimate businesses . They have a history of operating in the state . They are all fairly large corporations . Some of what we would probably encounter in some of these scenarios would not fall under that category. It could be somebody pulling up their car and selling tamales out of their truck. Probably no health permit, probably no sales tax. Development Services Director Brad Steinke stated that person would have to get an administrative permit from development services before they set up. When they do that, they would send them to the clerk' s office. If they are on the corner with no permit in hand, they will chase them off. He believes he is hearing that they want to let this thing work its way through. They may find there are uses they absolutely want to prohibit, such as puppy mills . City Clerk Kathleen Connelly stated or anything that is alive, like cats, lizards and snakes . She asked if they wanted someone selling a python out of their RV. Development Services Director Brad Steinke stated they will take a good look at it . He will be returning to the council next July with the comprehensive zoning code update. They can take another shot at this at that time. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION THAT BRAD JUST GAVE US BE APPROVED. (He REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 30 OF 32 will return to the council next July with the comprehensive zoning code update and they will look at this again then. ) Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . •, The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, OCTOBER 15, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, OCTOBER 16, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Maxine Brown, 6908 S. Crimson Sky Place, Gold Canyon, addressed the council regarding Fido Bags now being available on the Apache Junction Fire District fire trucks and the animal control trucks . ADJOURNMENT Mayor Insalaco adjourned the meeting at 9 : 40 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of September 18, 2012 . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 31 OF 32 3 . Consideration of approval of the Statement of Work with IBM COPLINK for software . ACCEPTED THIS 16TH DAY OF OCTOBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF OCTOBER, 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of October, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of October, 2012 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 2012 PAGE 32 OF 32 �pc�r $. C'iy o f A ache Junction z J Home of`the Superstition Mountains 4 Plza14P" Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area. Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of intergovernmental agreement with Pinal County for election and voter registration services for the March 2013 and May 2013 elections. ACTION REQUESTED- Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This agreement is required to obtain required election-related services from Pinal County FISCAL IMPACT: Budgeted Expenditure OPTIONS /ALTERNATIVES• RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ ga Auk SEPTEMBER 26, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH- GEORGE R. HOFFMAN, CITY MANAGER�/� FROM: KATHLEEN CONNELLY, CITY CLERK'` SUBJECT PROPOSED INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR ELECTION-RELATED SERVICES (OCTOBER 15, 2012 WORK SESSION AND OCTOBER 16, 2012 REGULAR MEETING) This proposed intergovernmental agreement with Pinal County is necessary in order to conduct the Spring 2013 city primary and general elections Through the intergovernmental agreement, we will obtain critical election and voter-related services to include sample and final ballots, ballot tabulation, precinct registers and signature rosters, early voting, and preparation and distribution of publicity pamphlets Precinct registers and signature rosters for our Maricopa County voters will be provided by the Maricopa County Elections Department �-• Please contact me if you have any questions �4. PINAL COUNTY RECORDER • .1 31 N.FINAL ST BLDG E-PO BOX 848 > FLORENCE,AZ 85I32 3017 d •' 520-866-6830 FAX 520-866-6831 �/1 - LAURA DEAN-LYTLE BA,RBARA J KELLY RECORDER CHIEF DEPUTY p SuS ect: Intergovernmentatistantements In order to supply your City, Town, or District with Election and Voter Registration services, the attached Intergovernmental Agreement(IGA) must be completed. Make sure to complete all applicable areas and obtain signatures from the appropriate parties(including your legal counsel).Please return the IGA as soon as possible so that the remaining signatures can be obtained. Upon completion, please return the IGA to the address listed on the upper right hand corner of the agreement. To ensure that all statutory and legal requirements are met (by all parties), we strongly suggest that the signed IGA is in our office at least one hundred twenty days prior to the election date. After all signatures have been obtained,you will receive an approved copy. If you have any questions, please contact our Voter Registration Department at 520 866- 6861. Fiore=Office Vole Registration 520-509-3555 Casa Grande Satellite Office Recordtetgs S20466-74$6 Eady Voting Department lax 520-866-6872 820 E.Cottonwood La A•2 Casa Grande Flat 520.866.7417 Early VotipjDepartment 520-509-3555 Apache Junction Satellite Office. Rncccdmjs480-983-703gdx520.866-6179 Fkarma Office TDD Phone 520-866-685 t 575 No.Idaho Rd Suite B00 Apacha let Fax 520-866.6163 To be completed by Cityflown'Uisirirt: Completed Agreement fled and returned to: Contact name Pinal County Recorder Voter Registration Dept Tide P.0 Box 848 Florence,AZ 85132 Address Phone Number r INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF SERVICES BY THE FINAL COUNTY RECORDER AND ELECTIONS DEPARTMENT THIS AGREEMENT is entered into this day of ,20 between Pinal County,a political subdivision of the State of Arizona,hereinafter referred to as"County", and , hereinafter referred to as"City/Town/District" WHEREAS, A R.S Section 11-952 allows public agencies to contract for services and enter into agreements, and. WHEREAS,City/Town/District may hold Special/Regular elections for bond issues,recalls, overrides,etc pursuant to A R.S.Sections 9-523, 15-481, 15-491, 19-201 et seq,and, 'WHEREAS,County is authorized,pursuant to .A R S Sections 11-251 (3), 16-172,and 1 6-51 1,et seq,to perform services concerning elections,and, WHEREAS,County and City/Town/District have determined that the use of certain services of the Pinal County Elections Department and the Pinal County Recorder's Office is in the public interest, and the County agrees to provide such services NOW,THEREFORE, in consideration of the mutual covenants of and stipulations set forth herein,the parties agree as follows: 1. the purpose of this Agreement is to secure the services of the County for the preparation and conduct of election (s)to be held on Name of electors Date of ck men - 1 - 2. The Services provided by the County Election Department are: a. Prepare ballot formats for the City/Town/District to be approved by the Jurisdiction. b. Provide the sample ballots with the City/Town/Dsstnct measures' positions according to precincts within the boundanes of the City/Town/District. c, Provide sample ballots, if required, for public distribution and issue them through the City/Town/District. d. Provide ballots to be used in each precinct,which will allow qualified electors to vote for the City/Town/District Candidates and/or Measures e. Tally official results of the election(s),utilizing paper ballots or electronic ballot counting equipment as mutually agreed upon between Cityfrown/Distnct and County. f. Cause the precinct election boards to utilize the copies of precinct registers.prepared from the records of the County Recorder, for the purpose of identifying the electors qualified to vote in the above-mentioned election(s). 3. The Services provided by the County Recorder are: a. Provide copies of precinct registers of qualified electors for precincts contained partially or wholly within the City/Town/District limits Said registers shall be prepared from the voter registration records of the County Recorder b. Early Voting—Indicate only one below City/Town/District authorizes County Recorder to handle all Early Voting Functions. ,1101 City/Town/District will be handling Early Voting functions. The County Recorder will provide the following: • A list of qualified electors who are eligible to vote early: such lists are to be used solely by the City/Town/District for Early Voting,or such other election related purposes as may be specifically authorized by law • A list of permanent early voters within the City/Town/District that are to automatically be mailed an early ballot the first day that early ballots can be mailed. Said lists shall be generated from the voter registration records of the County Recorder 4. Obligation of City/Town/District. The City/Town/District or designate thereof agrees to: p a. Provide the Elections Department with a certification of the measures to appear on the official ballot for the Special/Regular election. b. Provide a certified list of measures and the order of appearance of the measures to the Elections Department ninety(90)days prior to the election. c. Provide the City/Town/District limits to the Voter Registration Department of the Pinal '^ County Recorder(boundaries in a written format that may include a map)ninety(90)days prior to the election. d. This sub paragraph applies only to those City/Town/District that will be handling their own Early Voting—Provide the County Recorder,upon receipt and prior to processing early ballots,copies of the complete Applications of Early Ballots for signature comparison by the County Recorder or other officer in charge of elections as required by A R S Section 16-550 (A) These copies can be provided by mail,hand delivery,or fax as time constraints dictate. e. Pay to County,on a reimbursable basis,all costs of personnel,election materials, and supplies expended by County pursuant to this Agreement City/Town/District will make said payment to County within fourteen(14)days after presentation by County of demand for said payment f. if the City/Town/District chooses to conduct their own early voting,a list of all"inactive Status"electors who voted in the election pursuant to A R.S Section 16-583 shall be provided to the County Recorder. g. Agree to be a point of contact regarding conditional provisional ballots—in that a voter of a conditional provisional ballot can take an acceptable type of personal identification to qualify the subject conditional provisional ballot;document what type of identification is provided indicating any identification numbers and issue dates; provide a daily receipt of identification forms from conditional provisional ballot holders by City/Town/District clerk office that will be forwarded to the Voter Registration Department of the Paull County Recorder. This can be done by fax or hand-carried h Submit to the Department of Justice any preclearance requests as required under Section 5 of the Voting Rights Act. 5. Manner of Financing and Budgeting. Each party represents that it has sufficient funds available in its current fiscal year budget to discharge the funding obligation imposed by this Agreement,and agrees that such funds shall be solely available therefore 6. Termination. This Agreement shall terminate upon all matters connected with the election being resolved, legal challenges excepted or upon written notice by either party to the other within thirty(30)days of the effective date of this Agreement. Should the election herein be challenged or questioned for any reason whatsoever,then,in such event,City/Town/District shall be solely responsible for defending, legally or otherwise,said election. oioNik 7, Indemnification of County. City/Town/District further agrees to indemnify,to defend and to hold harmless the County, including but not limited to all of its agencies and personnel thereof from tin' and all actions,causes of action,claims,demands,damages,costs,expenses, attorney's fees,on account of or in any way growing out of an accident, incident,or occasion which might arise as a result of this Agreement,except those arising from the sole negligence of the County's participation in the election. The City/Town/District specifically agrees to insure and indemnify the County against any and all damage or loss to any of the electronic ballot tallying equipment or other County property,which may occur due to the fault of negligence of any person other than the County The value of the electronic ballot tallying system is hereby agreed to be the then current cost of similar new equipment Further, it is hereby agreed by and between the County and the City/Town/District that in the event it is necessary to repair the electronic ballot tallying equipment,such repair will be done under the supervision of qualified County personnel, for which the City/Town/District agrees to reimburse the County for its actual costs incurred 8. Effective Date and Term of Agreement. This Agreement shall be effective upon approval by the Pinal County Board of Supervisors,and shall terminate as provided in 6 above 9. Nondiscrimination. The parties shall comply with Executive Order 99-4 and all other applicable State and Federal employment laws,rules,and regulations,mandating that all persons shall have equal access to employment opportunities,and that no person shall be discriminated against due to race,creed,color,religion, sex,national origin or disability -4- 10.Severability. If any provisions of this Agreement or application thereof to the County, City/Town/District,person or circumstances is held invalid;such invalidity shall not affect other provisions or applications of this Agreement,which can be given effect,without the invalid provision or application and to the end the provisions of the Agreement are declared to be severable 11.E-Verify/Immigration The parties warrant and represent to each other that they are in compliance with the Federal Immigration and Nationality Act(1=INA),A R S. Sections 41- 4401 and 23-214, and all other federal and state immigration laws and regulations 12. Sudan/Iran. Pursuant to A.R.S Sections 35-391 06 and 35-393.06,et seq ,the parties warrant and represent to each other that they do not have,and their subcontractors do not have, and during the term hereof will not have a scrutinized business operation in either Sudan or Iran 13.Cancellation. This Agreement may be canceled by either party for conflict of interest pursuant to A R S Section 38-511. 14. Governing Law. This Agreement shall be construed under the laws of the State of Arizona and by applicable federal law 15. Entire Agreement This Agreement contains the entire agreement between parties concerning its subject matter and any amendment to this Agreement shall not be made except by mutual written agreement of the parties. -5- oink IN WITNESS WHEREOF,the parties hereby have executed this Agreement the day and year first above written. CITY/TOWN/DISTRICT PIN AL COUNTY Printed Name BY: Laura Dean-Lytle BY: Pinal County Recorder Name/Title Pinal County Board of Supervisors ATTEST: BY: Chairman BY: City/Town/Distract Clerk ATTEST: Approved as to form: And within the powers and authority granted under the BY: laws of this State to the District Clerk, Board of Supervisors j4.3 BY: CATIR ? 9.27-L2 City/Town/District Attorney Approved as to form: BY: Deputh County Attorney For VRt tga crtyAown/thst 7 2011 -6- ROLL CALL VOTE NOTES: 1i g1 LO ITEM # \ MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ELECTION AND VOTER REGISTRATION SERVICES FOR THE MARCH 2013 AND MAY 2013 ELECTIONS, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT E ACHF✓ _. Gy0,,, Ci o A ache unction f . J Home of the Superstition Mountains Print TO: City Manager's Office FROM. George Hoffman, City Manager DATE. October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM. MANAGER'S REPORT ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 0\ 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB#1246 FOR NOVEMBER 11, 2012 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Ap ACk �� °� , . . 170 o�f ache Junction 24 p Home of the Superstition Mountains Print TO City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-11. 2012 AT 567 WEST APACHE TRAIL. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This is for the Festival of the Superstitions being held at the Chamber of Commerce. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ application D applicant letter ❑ department memo D planning recommendation D police recommendation ❑ fire district recommendation OCTOBER 4, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 16, 2012 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 An application for a Special Event Liquor License has been submitted by Mr Leonard LaResch of Superstition Mountain Rotary Club #1246 for the Festival of the Superstitions to be held November 9 through November 11, 2012, at the Chamber of Commerce, 567 W. Apache Trail Correspondence has been received from the planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 11O day events only A service fee of$25.00 will be charged for all dishonored checks(A.R.S.§44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control (Section#20) LICENSE # 1 Name of Organization: superstition Mountain Rotary Club/11246 2. Non-Profit/I.R.S. Tax Exempt Number. 86-6038199 3 The organization is a. (check one box only) ❑Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4 What is the purpose of this event70 on-site consumption ❑off-site consumption (auction) ❑ both Raise funds for youth organizations (i e Boys and Girls Club of Apache Junction) Festival of Superstitions 5. Location of the event: 567 W.Apache Trail Apache Junction Pith/ s5220 Address of physical location(Not P.0 Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer.Director or Chairperson of the Organization named in Question#1. (Signature required in section#18) 6 Applicant Lane t$oted Lee 05,25o941 Last First Middle Date of Birth 7 Applicant's Mailing Address: 306$$ Amble Pass Gold Canyon az 85118 Street City State lip one' 8 Phone Numbers' (460 )982-3141 ( 65° ) 400-7700 (480 ) 646.1658 Site Owner# Applicants Business# Applicant's Home I 9. Date(s)& Hours of Event. (see A.R S 4-244(15)and(17)for legal hours of service) Date Day of Week Hours from A M /P M To A.M /P.M. Day 1, November 9 Friday 12 Noon 9 00 PM Day 2 November 10 Saturday 12 Noon 9'00 PM Day 3: November 11 Sunday 12 Noon 5.00 PM Day 4. Day 5: Day 6. Day 7 Day 8 Day 9. Day 10. {Disabled individuals requiring special accommodations,please call(602)542-9027 September 2011 10 Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [�YES Ej NO (attach explanation if yes) 11 This organization has been issued a special event license for ' days this year, including this event (not to exceed 10 days per year) 12 is the organization using the services of a promoter or other person to manage the event?❑YES 0 NO If yes, attach a copy of the agreement. 13 List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Superstition Mountain Rotary Club#1246 659.E Percentage Address P O.Box 565, Apache Junction,AZ 85117 Name Boys&Girls Clubs of the East Valley 25`'h. tercentage Address 1755 N. Idaho Road,Apache Junction, AZ 85119 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. if you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor License and Control for assistance NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) ID"Gat # Police Fencing #Security personnel Ej Barriers Trained Apache Juncbor Rangers will provide security al all gates and beer stands Potentia'underage drinkers are required to verity age war,a plc ure ID ID personnel wi I wristband drinkers Beverages will not be brought in or be allowed to be removed from the garden area Apache Junction police will be called if necessary 16 Is there an existing liquor license at the location where the special event is being held? [J YES ✓J NO If yes, does the existing business agree to suspend their liquor license during the time period,and in the area in which the special event license will be in use? ❑ YES NO (ATTACH COPY OF AGREEMENT) N/A ( ) Name of business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas. fencing, barricades or other control measures and security positions. ^• - 10 Has the applicant been convited of a felony in the past five years,or had a liquor license revoked? 0 YES 0 NO (attach explanation if ves) 11 This organization has been issued a special event license for 3 days this year, including this event (not to exceed 10 days per year). 12 Is the organization using the services of a promoter or other person to manage the event?[]YES NO If yes, attach a copy of the agreement. 13 List all people and organizations who will receive the proceeds Account for 100%of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 26%OF THE GROSS REVENUES OF THE SPECIAL AIN Ilk EVENT LIQUOR SALES. Name Apache Junction Chamber of Commerce 10% PeentaPe Address 567 W.Apache Trail,Apache Junction,AZ 85220 Name Percentage Address (Attach additional sheet if necessary) 14 Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE. ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of secuntylpolice personnel and type of fencing or control barriers if applicable) #Police Fencing 1° #Security personnel [✓ Barriers Trained Apache Junction Rangers will provide security at all gales and beer stands Potential underage drinkers are required to verity age with a picture ID ID personnel will wristband dnniters Beverages will not be brought in or be allowed to be removed from the garden area Apache Junction police will be called If necessary p 16 Is there an existing liquor license at the location where the special event is being held? 0 YES 0 NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? 0 YES 0 NO (ATTACH COPY OF AGREEMENT) N/A ( ) Name of Business Phone Number 17 Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barricades or other control measures and security positions SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions,serving areas,and label type of enclosure and security positions) NOTE Show nearest cross streets, highway,or road if location doesn't have an address. NT APACHE TRAIL . w, , x' w- LA CAS ITA COMMERCIAL i LUCKY CARNIVAL ,, BUILDING BOBS ftAD TRUCK .., ;W: �" - ; �r +k�; � f. `r ' W W v STAGE ENDOR ENGINE AND w AJ CHAMBER __-_ . TRACTOR N COMMERCE TENT TENT — SHOW c? j J ART 1 O I SHOWan i a. O SUN _-i ENTRANCE S _ I to CAR BEER i Q SHOW GARDEN — ¢_- O SAT — � � w - -- -I 1 I WELLS ! , .., ,, , ' 1 ; ' it. it - 1 -- --� I V, t DANK LJ _ _`1 - " —_( l'--.MOTORCYCLE SHOW FRI. VENdpR DESERT PARKING SPRINGS CHURCH PARKING: ge THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF JHE ORGANIZATION NAMED IN QUESTION#1 18. Leonard Lee LaFlesch declare that I am an rec.6orIChai /!�! OflfiGe f1D'i rrt appointing the (Print fu f: -) a.$ cant listed in a .� •n 6,to « on behalf of the foregoing organization for a Special Event Liquor License ���' - _�„f _ President Elect 9/16/2012 ({ea ) 646-1669 -'N—- t ti.* '; + 1 (TidelPosition) (Date) (Phone i) r 'tate of 11`Iu?rr'1a- county of / tv je ut hi- O 4 2.1i iiotzty Public-Stale of Arizona The foregoing instrument Vitas acknowledged before me this M4RiCOPA COUNTY 'O,ir •.,,seine Expel*0149nd q - vj7,/y Year r My Commission expires on. f I 1 (Date) ( of Y UBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT N D IN QUESTION#6 19 1 Leonard Lee LaFlesch declare that I am the APPLICANT filing this application as (Print fu . e) I t ;in Question : I -ve read - -pplication and the contents and all statements are true, correct and complete ie.,;. 4'-FIC AL SEAL a of '1 Countyof e fifi-- K ; P The instrument was acknowledged before 1 this /" i9 tfj".1 yam; `••may P.t x;-State of Arizona IIX:4 " r 4, " OPA COUNTY — — W I,2-" ,,� �+�,� ;xr Esping D11R4f11 y \ Year s My commission expires on — U (Date)_ (Signature of T Y PUBLIC) You must obtain local government approval. City or County MUST recom event and complete Item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20 I. hereby recommend this special event application (Government Official) (Ti➢tlee) "` on behalf of (City,Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section. (Employee) (Date) ❑ APPROVED crDISAPPROVED BY' (Title) (Date i , . ,, 4, Juize4 #vekil 4,17 PPII ""` Home of the Superstition Mountains ' : r • September 18, 2012 Leonard LaResch Superstition Mountain Rotary Club #1246 3069 S Amble Pass Gold Canyon, AZ 85118 Dear Mr. LaResch Re. Application for Special Event Liquor License Please be advised that your application for a Special Event Liquor License for the Festival of the Superstitions for November 9-11, 2012 has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on October 16, 2012, at 7 00 p.m , at the City Council Chambers. 300 E Superstition Blvd., Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control It is strongly recommended that you attend this meeting in the event that council has some questions on this application. •• If you have any questions concerning this matter, please contact my office at 982-8002, option 5 Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018 •TDD(480)983-0095•WWx aJclty net 300 E Superstition Boulevard Apache Junction.AZ 85119 i Aok /,+ SEPTEMBER 18, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 Mr. Leonard LaResch has submitted an application for a special event liquor license for November 9-11, 2012, for the Festival of the Superstitions, located at 567 W. Apache Trail, Apache Junction, Arizona Please conduct the necessary inspections and submit your recommendation by Wednesday, October 3, 2012, in order for this to be heard at the city council meeting of October 16, 2012 Janet Mason From: Rudy Esquivias Sent Wednesday,October 03,2012 7.15 PM To: Janet Mason Cc: Brad Steinke Subject: RE. Superstition Mountain Rotary Club special event liquor license Jan. /1044, The Planning Division has no objections to this one-time special event We note that the parking area to the south of the vendor display area is about one acre in size. Our only suggestion is that the sponsor consider using security personnel, or perhaps hire valets(especially on Saturday.during the car show), to help move vehicle traffic in and out of the parking area and to insure that parking is arranged in the most efficient manner possible. Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquiv1a0a __ty r.e- SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from r-00aai to 6:OOpm, closed Fridays and Holidays. ) From:Janet Mason Sent:Tuesday, September 25, 2012 12.02 PM To: John Suniga{john.suniaa)ajfire.orq); Jeff Robinson; Rudy Esquivias Subject: Superstition Mountain Rotary Club special event liquor license Please have your department recommendation to me no later than Wednesday,October 3 Thanks. Janet Mason Deputy City Clerk City Of Apache Junction 300 E.Superstition Blvd Apache Junction,AZ 85119 480-474-5068 jmason@aicitv.net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other Janet Mason From: Clyde Allison Sent: Thursday, October 04, 2012 10'55 AM To: Janet Mason Subject: Rotery Club request for extention Jan, Amok After review of the request and inspection of the are mentioned,we,Police Department, see no issues with this request We feel that at this time the request should be allowed,so on this issue we say"yes" The Apache Junction Police Department approves the request for extension Sgt C Allison#50 Traffic Supervisor/ Impound Vehicle Coordinator/Tow Sergeant Apache Junction Police Department 300 E 5uperstition Blvd Apache Junction, AZ 85119 callison(aaicitv.net 480/474-8616 This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body mot,' -ra a CFAI ,`o.JliNr Apache junction Fire District c74. `BIZ 565 North Idaho Road, Apache Junction, AZ 85119 ME•Em5 ! Phone (480) 982-4440, Fax (480) 982-0183 �'�FcistR`� www ajfire org MEMORANDUM TO Kathleen Connelly, City Clerk City of Apache Junction FROM Dave Montgomery, Deputy Fire Chief/Fire Marshal b1:141 DATE: October 3,2012 SUBJECT Application For Special Event Liquor License for Superstition Mountain Rotary 567 W.Apache Trail,Apache Junction,AZ 85120 The Apache Junction Fire District has reviewed the documentation and prevention files for the applicant as noted above Our records of their annual fire and life safety inspection show no major violations We therefore would recommend approval of this application Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact the fire prevention bureau offices at 982-4440 Thank You q DPM I I /okk ROLL CALL TE NOTES: &‘\)1,9)) ��\ ().'\\;\\ ir -1 t $\ Amok ki)trti \0\\U 0-J ITEM # MEET! OF ci.): Oi..) ik) MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON "� COUNCILMEMBER EVANS V COUNCILMEMBER SERDY ✓ COUNCILMEMBER BARKER ✓j COUNCILMEMBER WILSON ✓ VICE MAYOR DIETZ IIMAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Amok AIN olooN ITEM NO. 5 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-11, 2012, SUBMITTED BY LEONARD LERESCH, BE RECOMMENDED FOR(APPROVAL)OR (DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL ON PUBLIC HEARING ON 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON OCTOBER 26-27,2012 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 10pcHJ GO- �� = l of Apache Junction- Home qf the Superstition Mountains 4inzoth Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type • Regular Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON OCTOBER 26-27, 2012, LOCATED AT 1985 WEST APACHE TRAIL ACTION REQUESTED: No Recommendation DISCUSSION / BACKGROUND INFORMATION: The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT. OPTIONS/ALTERNATIVES: 1ECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ application ❑ applicant letter v department memo ❑ planning recommendation D police recommendation ❑ fire district recommendation OCTOBER 4, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. AGENDA ITEM FOR OCTOBER 16, 2012 APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE An application for an Extension of Premises has been submitted by Ms. Mona E Reynolds for Jakes-O-Mine Saloon located at 1985 W. Apache Trail in Apache Junction Correspondence has been received from Police Department, Fire District and Planning Division, a copy of which is attached. Please take note of the correspondence from the police department. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control .M. ARIZONA DEPARTMENT OF LIQUOR UCENSES &CONTROL RECEIVED 800 W Washington 5th Floor CITY CLERK C E P T. Phoenix AZ 85007-2934 Dale payment moaned www.az(iquor.gov 2012 SEP 24 AM 9: 33 (602)542-5141 CSRkeeds A-- IC ' •N F•4i 8.4 ;04.Z4.._,1 CITY OF APAQ p.i x' sr A • MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Permanent change of area of service—List specific purpose for change: 1 Temporary change for date(s)of i 26 /2012 through 10 in i 2012 List specific purposefor change. Halloween Party 1. Licensee's Name: Re rioids More E Last First ►5ddee 2. Maiin9 Address: wo w,y.rw.nr wow a/N=A rz snap City Stele Zip 3. Business Name' Akio .smilax, LICENSE it:06110021 4 Business Address: 1985 W.Apache Trait Apache Junction,AZ 85120 Pines,AZ 85120 City COUNTY Stale zip 5 Business Phone. (490 ) 9624e08 Residence Phone(490 ) 636-8674 6 Do you end Arizona Liquor Laws and Regulations? YES Q NO Fax ft ( ) 7 Have you received approved Liquor Law Training?® NO It YES If so,when does your Certificate expire? 11 /20 12014 8_ What security precautions will be taken to prevent liquor violations in the extended area? Eilta y sod d•n 9. Does this extension bring your premises within 300 feet of a church or school? []YES NO 10 IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YQUR LIC SED PREMISES AND WHAT YOU PROPOSE TO ADD. 0 Barrier Exemption.a exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on pubic safety,pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption. investigation Recommendation Li Approval LDiisapproval by Date. / / `""'After completing sections 1-10,please take this appfi cation to your local Board of Supervisors, City Council or Designate for their recommendation. This recommendation Is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Councilor Designate: {Authorized Signature) rnte) (Aear10t) 1, tArl ti f '. Q (_ ,being first duly sworn upon oath,hereby depose,swear and declare, molls) under penalty of perjury,that I am the APPLICANT making the foregoing application I have read icatiori and the contents NOT County of X P 1Lil` . :�"� STATE PRESEN AND SWORN TO before me this date (Signature of• f` " DENiSE MOUL.SOI€ 'I` • 21t41.1.. ?C)t Z My Year My commission expires on JJ_Lr21 (Signature of NOTARY PUBUC) Investigation Recommendation❑Approval [] Disapproval by Date _/ / Director Signature required for Disappravats Date. / 4/16/2012 *Disabled individuals requiring special accommodation,please call the D t(602)542-9O27 h 12A 'c! k-E TgAl L._ ate.-u..P_. • : ,_ . • 140k?, ft..) � r �rZ S 1 t ?ARK)I G-, a— _IQ ^ 0 t- r. j 1bo 1.,. I - Resmoom 1.1 oe x X X x x ,� Y -6. 441 1 DRy 8AR J h �,,�. Da X X �[ X ,C ,- , x "'a ,(46 Av 46.- 4 0.; ,,, ') 8 4X tc(�k r.�CE V Q-- 2 c0 COR x )- : 1,r --� ( - - -' ' 2.--3 . " Y. 4- 1 )e'a It ....... 1 �� 0.-- . VVt.- - 111111110.111011101 " 1-7--, EYIStt)� 'PAR.Kift o i:R41 )o'°)• C 167.) FAR.VorQ t `f-,-jrt.011.1 ri,k ( 1 -.1 S. - '''PA !\ 1 Sep 201211 13a Jakes 0 Mine Sabon 4809828008 p.2 Wednesday,September 2.6,2012 This letter is intended to revise the extension of premises diagram,previously submitted in paperwork regarding the October 26,2012 Halloween Party application. The attached amended diagram revises — the extension of premises to the internal walkways on the north side of the entire premises only. Any further questions or concerns,please call me at 480-636-8674. Thank You, 41:1P.;3.---L ( - , o -< c7 rri -C -° is rn Liz Reynolds A tU r-C7 0 1YMuSc `o cn z Sep 26 1211 14a Jake O Mine Saloon 4808828608 P 3 R 6v 67 A F/�. TRAIL --_, ei' O RECEIVED ) ,..t GFT\' E4#1.f4E .S..r,.._,„. Iv 2012 SEP 26 AM II: 25 tf" 4� ‘17 �,,, ;1 QF APACHE JUNCTION 0 / , (0.0Ve,;01. f.--- c / I --- 4 ...„------" h 0 v T. -.. ; r l T %-N A t1. V,-)At,t1,1PAr)1 S-----'t ReSTReoAA N. (moo L t o ky...23 Air 1 4 0, k43 x` , ,....2e. 15a. ee ,4:51r Yptc( clirt ;,.r.) 8 4 ,Y IC OD v `z 2 -.- E x " It '` X X.,... PcS.QL. ....,,,, i E)0Sr,bJG lo() 1.0 G1e1 INII., ,.... • . y opecoadi,j.,,,tio. ,,,, .010 Home of the Superstition Mountains September 24, 2012 Mona E Reynolds Jakes-O-Mine Saloon 1985 W. Apache Trail Apache Junction, AZ 85120 Dear Ms Reynolds Re Application for Extension of Premises/Patio Permit for Liquor License Please be advised that your application for Extension of Premises/Patio Permit for a temporary change of area of service for the liquor license for Jakes-O-Mine Saloon for October 26-27, 2012 has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on October 16, 2012, at 7:00 p.m., at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002 Sincerely, ‘7/e'Z'---"C-6-e t(----` '''L.1(--A-e j-'4'- )--- Kathleen Connelly City Clerk •voice(480)982-8002 • FAX{480)982-7018 •TDD{480)983-0095 •Nvww ajciiv net 300 E Superstition Boulevard. Apache Junction, AZ 85 119 SEPTEMBER 25, 2012 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK '' SUBJECT. APPLICATION FOR EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON Ms Mona E Reynolds has submitted an application for a temporary extension of premises for October 26-27, 2012 for Jakes-O-Mine Saloon located at 1985 W. Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Wednesday, October 3, 2012, in order for this to be heard at the city council meeting of October 16, 2012. Janet Mason From: Rudy Esquivias Sent: Wednesday,October 03,2012 7,37 PM To. Janet Mason Subject: RE Extension of premises for Jakes-O-Mine for October 26-27 Jan• Amok We note that this is a rather large event(250-300 people)at a relatively small venue with a limited parking lot. The Planning Division has two suggestions for the bar owner and/or the sponsor of the party to help make this a successful and safe event 1) rope off and diligently monitor the extensicn of premises area (i e, the walkways)so that drinking is limited to these areas, and so that pedestrian/vehicle interaction is kept at a minimum between the people on the walkways and the traffic that will be coming in and out of the front parking lot; 2)we suggest that the bar owner talk to the business owners in the adjacent development to the west to use their front parking lot for overflow parking, after their business hours The alley could probably also be used for extra parking(especially for motorcycles)for this one- time event, if OK with the Fire Marshal. Parking spill-over into the residential neighborhoods to the south should be kept to a minimum d 0(uwL Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 65119 480-474-2645 resquiv_as@ajcit\,.ne; SERVICE OVER AND ABOVE THE REST (Development Services Department office hours. Monday through Thursday from 7 OOam to 6 00pm, closed Fridays and Holidays.) a From: Janet Mason Sent:Thursday, September 27, 2012 11:41 AM To: John Suniga(iohn.sunloaCalajfire.orq); Rudy Esquivias, Troy Mullender Subject: Extension of premises for Jakes-O-Mine for October 26-27 Please have your department recommendation to me no later than Wednesday,October 3 Thanks Janet Mason Deputy City Clerk City Or Apache Junction 300 E.Superstition Blvd Apache Junction,AZ 85119 480-474-5068 Jmasontatcitv.net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email. Emails generated by council Janet Mason From: Clyde Allison Sent: Thursday, October 04,2012 1053 AM To: Janet Mason Cc: Troy Mullender Subject Jakes o mine event Jan, A41.1.. In reference to the Halloween Party at Jake's-O-Mine for the extension request,we still have concerns about having citizens congregating and consuming alcohol next to the parking lot where vehicles are being allowed to enter and leave There is a high probability that some of the patrons will not stay on the sidewalks and will be standing in the park lot putting them at risk of being struck by a vehicle I am also concerned about the number of people the sidewalk area can safely accommodate. Due to this we are against the extension and have to reply with a"no" Sgt C Allison#50 Traffic Supervisor/Impound Vehicle Coordinator/Tow Sergeant Apache Junction Police Department 300 E. Superstition Blvd Apache Junction. AZ 85119 callison@aicity net 480/474-8616 This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body eta:Cur t. f' ., f 1 i•(� e1!'' Apache unction Fire District CFAI V.11- .. p I�arHZ565 North Idaho Road, Apache Junction, AZ 85119 � p �� Phone (480) 982-4440, Fax (480) 982-0183 1 ~. ��'°�„�n�� www ajfire org `�� MEMORANDUM TO Kathleen Connelly, City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM Dave Montgomery,Deputy Chief/Fire Marshal a DATE: October 3,2012 SUBJECT Application For Temporary Extension of Premises—1985 W.Apache Trail The Apache Junction Fire District has reviewed the application and supporting documentation for a Temporary Extension of Premises for 1985 W. Apache Trail as related to event to be held at Jakes-O-Mine Saloon on October 26&27,2012 We have completed a recent fire and life-safety inspection with no major violations noted We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees during the special event noted Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of said event. A. Thank you for your notification on this matter DPM oak ITEM NO. 6 FOR APPROVAL I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR OCTOBER 26-27, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. FOR DENIAL I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-0-MINE SALOON FOR OCTOBER 26-27, 2012, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS 1) THE POLICE DEPARTMENT'S UNFAVORABLE REVIEW OF THE APPLICATION FROM SGT CLYDE ALLISON DATED OCTOBER 3, 2012, WHICH INCLUDES PROXIMITY CONCERNS OF VEHICLES TO ATTENDEES, AS WELL AS THE SPACIAL ACCOMMODATION CONCERNS FOR THE EXPECTED NUMBER OF ATTENDEES IN THE SIDEWALK AREA. 2) THE ENFORCEABILTY OF SENIOR PLANNER RUDY ESQUIVIAS' OCTOBER 2012 SUGGESTIONS TO THE BAR OWNER, WHICH INCLUDE. A) ROPING OFF AND "DILIGENTLY ENFORCING" THE EXTENSION OF PREMISES AREA TO MITIGATE TRAFFIC/PEDESTRIAN "INTERACTION"; AND B) OVERFLOW PARKING ONTO OTHER PARKING LOTS TO THE WEST 3) THERE IS A LIKELIHOOD THAT WITH 250-300 ATTENDEES, THE RESIDENTIAL STREETS IN THE AREA WILL BE ADVERSELY AFFECTED FOR TWO DAYS, CAUSING UNREASONABLE INTERFERENCE WITH THE USE AND ENJOYMENT OF RESIDENTS' PROPERTIES Oak 4 / N.)‘)/ ) ROLL CALL VOTE \g' t A \, NOTES: ,v, f;,'\ ,,,, i\,) 0 ,,,,, \, 1 „ e\ ‘-i)°) , i ITEM #____ ___tMEETING OF .0(i) MOTION BY: k SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ I COUNCILMEMBER EVANS V COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON ✓ COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR OCTOBER 26-27, SUBMITTED BY MONA E REYNOLDS, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. IF FOR DENIAL, THE REASONS FOR DENIAL ARE THE FOLLOWING• PUBLIC HEARING 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON NOVEMBER 4,2012 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PR AGH City of Apache Junction Home of the Superstition Mountains ME Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON NOVEMBER 4, 2012, LOCATED AT 1985 WEST APACHE TRAIL. ACTION REQUESTED: No Recommendation DISCUSSION / BACKGROUND INFORMATION: The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: 1ECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ application D applicant letter ❑ department memo ❑ planning recommendation D police recommendation ❑ fire district recommendation OCTOBER 4, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. AGENDA ITEM FOR OCTOBER 16, 2012. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE (second application) An application for an Extension of Premises has been submitted by Ms Mona E. Reynolds for Jakes-O-Mine Saloon located at 1985 W. Apache Trail in Apache Junction. Correspondence has been received from Police Department, Fire District and Planning Division, a copy of which is attached Please take note of the correspondence from the police department. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL goo W Washington 5ttth Floor RE CE I`3 f Phoenix AZ 85007-2934 DaleRMIII!!!eRelf r f P www.azIiquorgov APPLICATION FOR EXTENSION OF4PREONSES!PATIO 2 Ii III 3 I THIS APPLICATION MUST BE RETURNED TO THE DEPAR"TNENT1 12,130WH JUNCTION Permanent change of area of service—List specific purpose for change: ®Temporary change for date(s)of.IL/04 /2012 through 11 /04 /2012 List specific purpose for change. Ar y Party 1 Licensee's Name RaYrktilds Mahe E Last Pest Wade 2 Mailing Address: nba"'Mho ha Aao.. AZ aauo atr 3 Business Name: . s.-o-►e*s• State LICENSE#:os„oa2', 4 Business Address: 1985 W.Apache Trail Apache Jurichon Pinal AZ 85120 City COUNTY Stale 23p 5 Business Phone. (480 ) 9924005 Residence Pthone.(400 ) 836.9574 6 Do you understand Arizona Liquor Laws and Regulations?11 YES U NO Fax#-( ) 7 Have you received approved Liquor Law Training? NO IJ YES If so,when does your Certificate expire? 11 /20 /2014 8 What security precautions will be taken to prevent liquor violations in the extended area? E suave noommin sma sooiaq Prisons 9 Does this extension bring your premises within 300 feet of a church or school? YES NO 10. IMPORTANT. ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING Y R LIC SED PREMISES AND WHAT YOU PROPOSE TO ADD. ❑Barrier Exemption.an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on pubfic safety,pedestrian traffic.and other factors unique to a licensed premises. List specific reasons for exemption. Investigation Recommendation❑Approval ODisapproval by: Date I "` ""After completing sections 1-10,please take this a ication to your local Board of Su City Council or Designate for their recommendation. This recommendation is not binding on the Depaitnent of uor. This change in premises rs RECOMMENDED by the local Board of Supervisors,City Council or Designate. (P ) fry) tfichricti 1 Mona E Reynolds ,being first duly sworn upon oath, hereby depose.swear and declare. (Print kt name) under penalty of perjury,that I am the APPLICANT malting tie foregoing appficabon. I have read this application and the contents and 1 I statements are , complete. Slate of A County of I�i c N a I X tif\a SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this date (Signalise of Owner Agent) 7 4 In NOTARY PUBLIC Year My commission expires or-D '17' STATE OF ARIZONA "anth - f � Pine County `* SU E HENINGER of NOTARY PU ) Investigation Recommendation V • . ..1' . , , by- Dale _/ Director Signature required for Disapprovals Date. / / 4/16/2012 'Disabled individuals requiring special accommodation,please call the D (b02)542-9027 i MAID Fez)i , o /� Q,i n m .`r (� I/4 '` JooLEP \ ((:)- 1 a SCE ► xtu1N£S jr ig V.N V 'C `4X kKK KX'X4 — -ems \Tk 0-11C Ft-Wit:ft:I t As <--- :';'!`.'41 --3;› U) V2 -1 -71. eP \ (r _, -4 A xa :0 I -:' ‘ °A. % \ di, ; :-1 1.--.....Lc______,..211 ty, K I3 )( 11 i .\\' . -7 ; I to CI Pc'' )1 A c" --- )--/-. -Z \-- co ii 7citC )4 -t) ..):\ ePiC 4 1 SP �c cis � m rp F� •. �tm n .� I f 1 .2 - fRA c .0 .� rel l f"7 r 7 x t cn 0 PAR) 1 NICI k f PALb vet2,,b , ) .. , rdy opiitiarAe/jr,f4telian/ 0r_• Home of the Superstition Mountains ., September 26, 2012 Mona E. Reynolds Jokes-O-Mine Saloon 1985 W Apache Trail Apache Junction, AZ 85120 Dear Ms Reynolds Re: Application for Extension of Premises/Patio Permit for Liquor License Please be advised that your application for Extension of Premises/Patio Permit for a temporary change of area of service for the liquor license for Jakes-O-Mine Saloon for November 4, 2012 has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on October 16, 2012, at 7 00 p m , at the City Council Chambers, 300 E Superstition Blvd., Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control "k, It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002 Sincerely, jee--/-&4.-,t_Z--„e—Ittia-t&ir Kathleen Connelly City Clerk • Voice(480)982-80O2 - 1-AX (480)982-7018 •TDD(480)983-0095 • wwm..awcity net 300 E Supersntaon Boulevard. Apache Junction,AZ 85119 SEPTEMBER 26, 2012 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON (second application) Ms. Mona E Reynolds has submitted an application for a temporary extension of premises for November 4, 2012 for Jakes-O-Mine Saloon located at 1985 W Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Wednesday, October 3, 2012, in order for this to be heard at the city council meeting of October 16, 2012 Janet Mason From: Rudy Esquivias Sent: Wednesday, October 03, 2012 7•50 PM To: Janet Mason Subject RE Extension of premises for Jakes-O-Mine for 11/4/2012 (this is a second application) Jan t►, The Planning Division offers the same suggestions for this event as we did for the Halloween party 1) rope off and monitor the extension of premises area to keep pedestrian and vehicle interaction at a minimum,and 2)we suggest that the bar owner speak to her neighbors in the business plaza to the west for the use of their front parking lot after hours, for any over-flow parking needs 4otizuivia6 Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 65119 460-474-2645 resquivas@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7 00am to 6 00pm, closed Fridays and Holidays ) From: Janet Mason Sent:Thursday, September 27, 2012 4:21 PM To:John Suniga (iohn.suniga@ajfire.orq); Rudy Esquivias; Troy Muliender Subject: Extension of premises for Jakes-O-Mine for 11/4/2012 (this is a second application) Please have your department recommendation to me no later than Wednesday,October 3 Thanks Janet Mason Deputy City Cferk City Of Apache Junction 300E Superstition Blvd Apache Junction,AZ 85119 480-474-5068 jmasongfaicitv.net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other 1 Janet Mason From: Clyde Allison Sent: Thursday,October 04, 2012 12.53 PM To: Janet Mason Cc: Troy Mullender Jan, Amok In reference to the request from Jake's-O-Mine for the extension request on 11/04/2012,we still have concerns about having citizens congregating and consuming alcohol next to the parking lot where vehicles are being allowed to enter and leave. There is a high probability that some of the patrons will not stay on the sidewalks and will be standing in the park lot putting them at risk of being struck by a vehicle. I am also concerned about the number of people the sidewalk area can safely accommodate Due to these concerns, I am saying"no". On this request,The Police department is against the extension. Sgt C Allison#50 Traffic Supervisor/Impound Vehicle Coordinator/Tow Sergeant Apache Junction Police Department 300 E. Superstition Blvd Apache Junction, AZ 85119 callison@alcity.net 480/474-8616 This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email, Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message,but should not copy other members of the public body 1 CFAI Qv�"3 'UN .: Apache Junction Fire District � cramp a` _ 565 North Idaho Road,Apache Junction, AZ 85119 it �" !." Phone (480) 982-4440, Fax(480) 982-0183 ARE nissR` www.ajfire org "` MEMORANDUM TO Kathleen Connelly, City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM Dave Montgomery,Deputy Chief/Fire Marshal D . DATE October 3, 2012 SUBJECT: Application For Temporary Extension of Premises—(Second Application) 1985 W.Apache Trail The Apache Junction Fire District has reviewed the application and supporting documentation for a Temporary Extension of Premises for 1985 W Apache Trail as related to event to be held at Jakes-O-Mine Saloon on November 4,2012 We have completed a recent fire and life-safety inspection with no major violations noted We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees during the special event noted Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of said event. Thank you for your notification on this matter DPM ITEM NO. 7 FOR APPROVAL I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR NOVEMBER 4, SUBMITTED BY MONA E REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. FOR DENIAL I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES -0-MINE SALOON FOR NOVEMBER 4, 2012, SUBMITTED BY MONA E REYNOLDS, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS. 4) THE POLICE DEPARTMENT'S UNFAVORABLE REVIEW OF THE APPLICATION FROM SGT CLYDE ALLISON DATED OCTOBER 3, 2012, WHICH INCLUDES PROXIMITY CONCERNS OF VEHICLES TO ATTENDEES, AS WELL AS THE SPACIAL ACCOMMODATION CONCERNS FOR THE EXPECTED NUMBER OF ATTENDEES IN THE SIDEWALK AREA. 5) THE ENFORCEABILTY OF SENIOR PLANNER RUDY ESQUIVIAS' OCTOBER 2012 SUGGESTIONS TO THE BAR OWNER, WHICH INCLUDE. A) ROPING OFF AND "DILIGENTLY ENFORCING" THE EXTENSION OF PREMISES AREA TO MITIGATE TRAFFIC/PEDESTRIAN "INTERACTION"; AND B) OVERFLOW PARKING ONTO OTHER PARKING LOTS TO THE WEST 6) THERE IS A LIKELIHOOD THAT WITH 250-300 ATTENDEES, THE RESIDENTIAL STREETS IN THE AREA WILL BE ADVERSELY AFFECTED FOR THE DAY, CAUSING UNREASONABLE INTERFERENCE WITH THE USE AND ENJOYMENT OF RESIDENTS' PROPERTIES ROLL CA NOTES \\V , °\\V\ ITEM # MEETING F MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON V COUNCILMEMBER EVANS �l VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMQU$ IN FAVOR 1 OPPOSED ABSTAINED TOTAL �J ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR NOVEMBER 4, SUBMITTED BY MONA E REYNOLDS, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. IF FOR DENIAL, THE REASONS FOR DENIAL ARE THE FOLLOWING. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-34 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY-WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION 2. Will REVENUE RESOURCES MANAGER RAGER HACKER speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PpACN �� -� - . "n04 Go of Apache Junction U 2 Home of the Superstition Mountains I PfZONP. Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area. Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 12-34 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: City staff has recommended to the city council that a Fiscal Year 2013 Brownfields Grant application be submitted If adopted, Resolution No 12-34 would authorize the submission of the grant application. A mandated component of the application is the solicitation of public comment regarding the proposed project and grant application. City staff and Mr. Tod Whitwer, Allwyn Environmental. will present information necessary for the public hearing FISCAL IMPACT: Budgetary Approval Not Required )PTIONS / ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that the City Council conduct a public hearing regarding the proposed grant application and project. At the end of the public hearing, staff recommends that the City Council adopt Resolution No 12-34. ATTACHMENTS: Click to download la Staff Report Cl Resolution No. 12-34 CI Map of Environmental Concerns IIIlis cpCHE e,._, •, . . City of Apache Junction 4,,' °� Development Services Department MEMORANDUM DATE• October 1, 2012 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director FROM• Roger S Hacker, Revenue Resources Manager SUBJECT: Proposed Resolution No 12-34 Authorizing The Submission Of A Fiscal Year 2013 Brownfields Assessment Grant Application For Funds To Conduct A Community Wide Phase I And Phase II Assessment For Potential Petroleum And Hazardous Materials Contamination REQUEST Staff respectfully requests that the City Council conduct a public hearing regarding the City's proposed Brownfields Assessment Grant application for funds to conduct a community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination The application process mandates that the City conduct at least two public meetings regarding the project and the proposed grant application The public hearing during the October 16, 2012 Council meeting would be the first such meeting. At the conclusion of the public hearing, staff respectfully requests that the City Council adopt Resolution No 12-34 authorizing the submission of the grant application. See Attachment One for a copy of Resolution No 12-34 BACKGROUND Staff Recommendation Staff recommended to the City Council that such an application be submitted because the Assessments, if funded, could be an economic development tool. Before a piece of property can be sold or leased, the lending institution typically requires that a Phase I Assessment be conducted to identify environmental concerns/contamination with the site The Phase I Assessment, if conducted according to certain standards. also provides liability indemnification to the purchaser. The cost for the assessment is usually borne by the property owner Depending upon the issues associated with a site, a Phase I Assessment can cost up to $4,000 and a Phase II Assessment can typically cost up to $50,000. The uncertainty associated with the environmental condition of a site and the cost of an assessment can act as impediments to the sale of a property. There are abandoned sites in the downtown area and across the City Sales of these properties have stalled. By including these sites in the City's proposed grant application, it is thought that the City would be assisting the property owners in moving forward with a sale. By removing the burden of the cost of the assessments from the property owner, staff felt that the sale of an abandoned and/or potentially contaminated property might be expedited. By providing this service to property owners, economic development in the downtown area and across the City might be stimulated. Also, even though the City does not currently own any of the sites identified for inclusion in the proposed grant application, if ownership did transfer to the City at some future date, the assessments conducted with these grant funds might help to make the City eligible to apply for a Brownfields Cleanup Grant. Such a grant could include removal of tanks, removal of pumps, disposal of pavement, coring of building, grading on site, digging up of tanks, and the stabilization of site. Small Business Liability Relief and Brownfields Revitalization Act The Small Business Liability Relief and Brownfields Revitalization Act ("Brownfields Law", P.L. 107-118) requires the U S Environmental Protection Agency ("EPA") to publish guidance to assist applicants in preparing proposals for grants to assess and clean up brownfield sites. EPA's Brownfields Program provides funds to empower states, communities, tribes, and nonprofits to prevent, inventory, assess, clean up, and reuse brownfield sites. A brownfield site is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land At this time, Apache Junction is eligible to apply for a Brownfields Assessment Grant. This grant provides funds to inventory, characterize, assess, and conduct planning (including cleanup planning) and community involvement related to brownfield sites. Projects may be site specific or community wide. Grant Funds Funds may be used for the direct costs associated with the inventory, assessment, and cleanup planning for brownfield sites Assessment grants provide funding for a grant recipient to: • Inventory sites. Page 2 • Characterize sites by identifying past uses. • Assess sites by determining existing contamination • Conduct cleanup and redevelopment planning. • Conduct community involvement by informing and engaging the community. Grant funds also may be used for. 1) direct costs associated with programmatic management of the grant (e.g. required performance reporting and environmental oversight) and 2) local governments may use up to 10 percent of the funds for health monitoring, monitoring and enforcement of preventative measures, and/or development and implementation activities (e g , writing local brownfields-related ordinances) Cleanup of a contaminated site is not an eligible activity under an assessment grant. Grants are for up to three years and are on a reimbursement basis. Community-Wide Assessment Grant For community wide assessments, applicants may request up to $200,000 from the hazardous substances funding for sites with potential contamination of hazardous substances, pollutants, or contaminants and up to $200,000 from the petroleum funding for sites with potential petroleum contamination Applicants may either combine requests for hazardous substances funding and petroleum funding into one proposal if both types of funding will address the same target community for a total not to exceed $400,000, or applicants may submit separate proposals requesting up to $200,000 each for hazardous substances and petroleum funding Assessments A site assessment can be either on a specific site (i.e. Site Specific Grant) or may include a targeted finite portion of the community or the community as a whole (i e Community Wide Grant). An assessment may be conducted in two phases A Phase I Assessment involves research into previous uses of the site and whether a hazardous waste condition is likely to exist If evidence from this phase suggests a problem, a Phase II Assessment is conducted to discover the extent of the problem. Either assessment requires the use of an environmental consultant. Community Wide Assessment As the name implies, a community is able to examine a number of sites within its jurisdiction that may be contaminated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land. Page 3 Phase I Assessment A Phase I Assessment ("Phase I ESA") is intended to help determine potential environmental liabilities and to establish the basis for further investigative work by: • Identifying certain baseline environmental conditions • Serving as an initial step in site remediation plan preparation. • Providing the necessary information to make informed decisions about property transactions. A Phase I Assessment of a site typically includes the following • Interviews of current and past owners and occupants. In the case of abandoned properties, an interview of one or more neighboring property owners is conducted • A review of historical records for a property and its previous owners and uses. • A review of government records concerning waste management practices. • A visual on-site inspection of the property • Specialized knowledge or experience of property owner. • Relationship of purchase price to value of the property, if not contaminated • Commonly known or reasonably ascertainable information about the property. • Degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation Phase II Assessment A Phase II Assessment ("Phase II ESA") is intended to delineate environmental conditions related to a property It should be detailed enough to delineate the nature and extent of contamination both above and below grade on the property. A Phase II Assessment of a site typically includes the following • Soil, soil gas, and groundwater sampling • Laboratory analysis of samples • Data interpretation as related to regulations and industry standards DISCUSSION Community Wide Assessment The project started as a site specific assessment of the abandoned Orange Grocery and Gasoline Station Upon learning more about community wide assessments, staff began to compile a list of other sites that could also be assessed These sites include, but are not limited to, the site of the Grand Hotel and the sites of leaking underground storage tanks as identified by Arizona Department of Environmental Quality. Additional sites may be added once a grant has been awarded Page 4 See Attachment Two for a map showing the locations of the underground sites The map is contained in the Apache Junction Comprehensive Transportation Study (2012). Phase I and Phase II Assessments Given the types of environmental concerns that may be discovered at the sites, staff thought it prudent to request funds for both phases of assessment Allwyn Environmental Because of the complexity of the grant application, the impending deadline for submission, and the importance of economic revitalization, staff will be working with Tod Whitwer, Allwyn Environmental, on the grant application. Additional Public Meeting An additional public meeting on the proposed grant application has been scheduled for October 23, 2012, 7 PM Apache Junction Multi-Generational Center Classroom B117a 1035 North Idaho Road Apache Junction Arizona A draft of the proposed grant application is available for public review in the City's Development Services Department (300 East Superstition Boulevard) from 8 00 AM to 5 00 PM from October 22, 2012 until November 6, 2012. For further information, citizens should contact Mr. Roger Hacker at 480-474-5086 or rhacker@ajcity net RECOMMENDATION Staff respectfully recommends that the City Council conduct a public hearing regarding this matter. At the conclusion of the public hearing, staff recommends the adoption of Resolution No. 12-34 ACTION REQUIRED Staff respectfully requests that the City Council conduct a public hearing regarding the proposed grant application. Adoption of Resolution No. 12-34 Attachment One Resolution No 12-34 Attachment Two: Map of Environmental Concerns Page 5 Attachment One RESOLUTION NO 12-34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U.S ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA AND DECLARING AN EMERGENCY. WHEREAS, pursuant to 42 U S C. § 9601, Congress has made available $34 million in Brownfields Community Wide Assessment and Clean-Up Funds for 133 grants to local agencies , to include mitigation of petroleum products and hazardous substances; and WHEREAS, within the City of Apache Junctions ("City") , there are properties located throughout the community including in established Redevelopment Areas that in order to be marketable, need to be assessed for environmental compliance under federal and state law; and WHEREAS, it is the desire of the Mayor and City Council to comply with federal and state environmental laws as applicable to certain public property sites, as well as to assist private property owners to comply with federal and state environmental laws in order to enhance the marketability of certain parcels for redevelopment; and WHEREAS, the federal authority referenced above enables the City to fulfill its goals as stated above, by applying for up to $200 , 000 for Petroleum Products site assessments and clean-up costs and up to $200, 000 for Hazardous Substances site assessments and clean-up costs, and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS. 1 The submission of a grant application for federal Brownfields funds to the U. S. Environmental Protection Agency to conduct environmental assessments on high priority Brownfields sites as identified in the City of Apache Junction, Arizona, is hereby authorized and approved RESOLUTION NO 12-34 PAGE 1 OF 2 2 . City officers and employees, as delegated by the City Manager, are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. 3. It is necessary for the preservation of the peace, health and safety of the City of Apache Junction that this resolution become immediately effective, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 SIGNED AND ATTESTED TO THIS DAY OF , 2012 ,. JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 12-34 PAGE 2 OF 2 Attachment Two FIGURE 2.10:ENVIRONMENTAL CONCERNS (, , o . J , / ter , 71 i 1 1 t.,,,,,,_ ° 77- i7 r r1 .. / Blvd ! / ( 1 Loit Dutchman 1 �!,, J' y,— /;- ) j __ ... . Tepee St , �'. ' r /. / t o ) l j I Sups Blvd / . t IV / i 1 - at / 1 _.a Apache Trl C j i � �. Junction St i .4 0 ( / --- 1 1 'Broadway Ave I I iO� Sr p 7 f1 loth Ave 1� - SIB tiyy u �- '1 _ - ( r Southern Ave .i %'- /,' I\ l., (1 i .. 1 II MP.195 ... �� :i' A Lr ii ,�- / ine Avr ( ........ ,Agimh6 : :� .. NP zoo al• � `,r/ d p. � �� :1 l f -- 1' -'� -�` it i r1 /i tl OS :rtterir LEGEND A Potential Roadway Flooding -- . Streams and Washes ^I Freeway •in Study Area g Leaking Underground Flood Hazard Areas r Study Roadway _ Cit y Boundary Storage Tanks(ADEQ) w s o cir cr au r 7.,a,ars • { PM10 Nonattainmeni Area Local Roadway County Island „ - Landfill - - r 1 8-hour Ozone - Earth Fissure _ Nonattamment Area h JACOBS ADDT • Apache Junction Comprehensive Transportation Study Page 19 Aft. ROLL CALL VOTE NOTES 1 oak ‘‘/ Q1 , l� t ITEM # ' MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS V COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMO1 S IN FAVOR OPPOSED ABSTAINED TOTAL - ITEM NO. 8 I MOVE THAT RESOLUTION NO. 12-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, FINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U S ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY-WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA AND DECLARING AN EMERGENCY, (BE APPROVED) OR(BE DENIED) 00\ oak PUBLIC HEARING 1. For SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION—HOME RULE OPTION 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. IJ AFRE .. , "o �i •'y of Apache Junction Z Home of the Superstition Mountains 4Iiitzoi4P' Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area. Required by Federal Law or State Statute TITLE OF AGENDA ITEM. SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: This is the second of two required public hearings necessary for placement of the continuation of the Local Alternative Expenditure Limitation - Home Rule Option question on the March 12, 2013 City Primary Election ballot. AT THE CONCLUSION OF THIS ITEM, THE APACHE JUNCTION CITY COUNCIL WILL RECESS THE REGULAR MEETING IN ORDER TO CONVENE A SPECIAL MEETING FOR THE PURPOSE OF CONSIDERING RESOLUTION NO. 12-33, AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo and attachments SEPTEMBER 19, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK Fit/ SUBJECT. AGENDA ITEM FOR OCTOBER 16, 2012 — SECOND PUBLIC HEARING — HOME RULE OPTION As required by law, the City Council must hold two public hearings on the proposed continuation of the Local Alternative Expenditure Limitation — Home Rule Option The first of these hearings was held on October 2, 2012, and the second is scheduled for the October 16, 2012, council meeting Immediately following the second hearing, the council must convene in a special meeting in order to take official action on the Home Rule Option and place it on the ballot for the city's March 12, 2013 primary election This official action will be done in the form of a resolution which also adopts the official ballot language for the home rule question "Mk Please contact me if you have any questions regarding the public hearing or election process. Format Document Page i of I SAS TITLE/WM NEXT DOCUMENT minVIOUS boCUMEM! 41-563.01. Ntptification of vote by governing board In the event of a vote by the governing board of any political subdivision pursuant to article IX, section 20, Constitution of Arizona, for the purpose of authorizing expenditures in excess of the prescribed limitations or for proposing an alternative spending limitation, the governing board shall: 1. Prior to the vote hold two public hearings on the proposed action. Notice of such hearings shall be published once a week for at least two consecutive weeks In a newspaper of general circulation in the applicable political subdivision. Immediately following the second public hearing, the governing board shall convene a special meeting and vote on the proposed excess expenditure. 2. Following the vote, a notice shall be published in a newspaper of general circulation within the political subdivision The notice shall contain the following• a A record of the vote. b) If approved, the amount of the expenditures which exceed the amount allowed pursuant to article IX, section 20, subsection (1), Constitution of Arizona. (c) If approved a statement of the purpose or purposes for which the excess expenditures will be expended and the source of revenues to be used to finance the excess expenditures. hup: ,wv,N% azleg g+o% l oiimitDocument a.;p?fo uti print&inDoc 'ars'4I f%)5t3-OI him& ' I14%2O12 JULY 1, 1978 POPULATIONS AND 1979-80 BASE LIMITATIONS 1978 1879.80 1978 1879.80 City/Yemen Po0ulat19n $sae Limitation C)tY/T4tMt? Population Base Wf Marton Apache Junction 9,500 $ 1,581.484 Nogales 11.740 3,245,377 Avondale 6.900 1,525,417 Oro Valley 1.475 272,317 Benson 3,925 1,317,815 Page' 4,375 4,9541,381 Bisbee 6.860 1,825,337 Paradise Valley' 10425 5.213,966 Buckeye 3 175 1.048,270 Parker 2.485 1,145.364 /.'5, Bullhead City 13 830 5 493.553 ;atagonia 925 213,500 Camp Verde 5,650 2 072 112 Payson 4 305 1,267 280 Carefree' 1 744 1,642,282 Peoria' 10,500 18,247,857 Casa Grande 14 100 3 743:397 Phoenix 717 000 229,200.625 Cave Creek 2 025 655 393 Plma' 1 465 275 000 Chandler 23 500 7 245 951 Pinetop-Lakeside 2.635 1 214 814 Chino Valley 2 400 255 094 Prescott 19.250 8,495.931 Ciarkdafe 1.200 255 616 Prescott Valley 1 520 380.054 Mon' 4 515 1 656 956 Quartzsee 2 115 974 825 Colorado City' 1 730 967 191 Queen Creek 2,525 8113.277 Coolidge B 775 1,530,413 Salford 6 200 5 484 597 Cotlanwaod 4 200 1,105,601 Sahuarita 1 629 713.697 Dewey-Humboldt 3 428 375 802 St Johns 4 100 819 104 Douglas 12 600 4 067,476 F.In Luis 1 690 724.909 Duncan 700 177,389 Scottsdale' 83 000 43 851 444 Eager 2 450 827 268 Sedona 7 050 2 960.667 El Mirage 4 025 774 880 Show Low 3.800 1 443.1367 Eloy 6 300 1,419,813 Sierra Vista' 24,050 70055.882 Flagstaff' 32 000 17.022 966 Snowflake 3.000 741 469 Florence 3,175 714 110 Somerton 3 540 681,742 Fountain Hilts' 10 190 3,302,273 South Tucson 6 276 1,879.166 Fredonia 850 329 695 Spnngerville 1 400 678.299 Gila Bend 1 575 684 678 Star Valley 2.255 774 113 Gilbert' 4.250 2 346 450 Superior 4 700 582 763 Glendale' 84 000 67 955 628 Surprise 3 550 474,998 Globe 6.550 2 438 186 Taylor 1 740 245,508 Goodyear' 2 500 4 125 00D Tertime' 102,000 65 579.379 ^ Guadalupe 4 300 549 792 Thatcher 3 170 1,860.674 Hayden 1 200 406 838 Tolleson 4 190 906,494 Holbrook 5 450 2,585 121 Tombstone 1(300 508.007 Huachuce City 1 690 317 153 Tucson 311 400 1;8 097,586 Jerome 395 132 688 Tusayan 606 470,573 Kearny 2 665 950,057 Wellton' 900 460,150 1(3nctman 6 745 4,426.488 Wickenbtcq' 3 300 1 805.966 Late Havasu City 13 003 4,211 119 Willcox 2.985 ,0,497,909 Litchfield Park' 3 835 1,242 818 Wlftietms 2 100 1 254 501 Mammoth 1 900 425.048 Winkelman 1 010 183 579 Marana 1.425 202239 Winslow 7 725 4 995,579 Maricopa' 3 790 10.601 417 Youngtown 2 100 569,674 Mesa 130 000 54 090,640 Yuma 34 500 15,663,245 M•arh+ 2,615 $ 878 262 Received approval from voters for permanent base adjustment • 10 1 f ITEM NO. 9 PUBLIC HEARING ONLY-NO ACTION REQUIRED PUBLIC HEARING 1. For SPECIAL MEETING—PROPOSED RESOLUTION NO. 12-33, AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION—HOME RULE OPTION 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junct:o ii 0 Home of the Superstition Mountains Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type • Regular Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM PROPOSED RESOLUTION NO 12-33, AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Adoption of Resolution No. 12-33 will allow for continuation of the local alternative expenditure limitation - home rule option question to be placed on the March 12, 2013 primary election ballot. AT THE CONCLUSION OF THIS ITEM, THE APACHE JUNCTION CITY COUNCIL WILL RECESS THE SPECIAL MEETING AND RECONVENE THE REGULAR COUNCIL MEETING. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS. Click to download ❑ cover memo D resolution no. 12-33 ❑ detailed analysis ❑ summary analysis D summary analysis worksheet SEPTEMBER 19, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK SUBJECT SPECIAL MEETING AGEND ITEM FOR OCTOBER 16, 2012 — (PROPOSED RESOLUTION NO 12-33, EXTENSION OF LOCAL ALTERNATIVE EXPENDITURE LIMITATION — HOME RULE OPTION Following the second public hearing on the Alternative Local Expenditure Limitation — Home Rule Option, the council must convene in a special meeting to take an actual vote on placing the measure before city voters This vote will take the form of Resolution No. 12-33. The section of the resolution that appears in the quotation marks is the actual language that will appear on the ballot and in the required publicity pamphlet This text has been approved by the auditor general's office for use in cities throughout the state and it contains the required references as prescribed by state law As specified by state law, this is the ballot text and format that must be used for this measure Please contact me if you have any questions regarding the public hearing or election process. RESOLUTION NO. 12-33 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION. WHEREAS, the Arizona State Constitution permits the AN submission to the voters of a city or town of an alternative expenditure limitation; and WHEREAS, the voters of the City of Apache Junction, Arizona, in 2009 adopted an alternative expenditure limitation - home rule option; and WHEREAS, the Mayor and City Council of the City of Apache Junction, Arizona, after two public hearings has determined that an extension of the alternative expenditure limitation - home rule option is necessary for the City of Apache Junction, Arizona. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the following alternative expenditure limitation - home rule option be submitted to the voters of the City of Apache Junction, Arizona Shall the following be adopted by the City of Apache Junction, Arizona, as an alternative expenditure limitation: "The Mayor and City Council of the City of Apache Junction, Arizona, shall annually, as part of the annual budget adoption process, adopt an alternative expenditure limitation equal to the total amount of budgeted expenditures/expenses as it appears on the annual budget as adopted by the Council to apply to the City of Apache Junction for each of the four fiscal years immediately following such adoption. The alternative expenditure limitation shall be adopted each year after a public hearing at which citizens of the City of Apache Junction may comment on the proposed alternative expenditure limitation. No expenditures may be made in violation of such alternative expenditure limitation, nor may any proposed expenditures be in excess of estimated available revenues, except that the Mayor and the City Council may, by three-fourths vote, declare an emergency and suspend the alternative expenditure limitation The suspension of the alternative expenditure limitation shall be in effect for only one fiscal year at a time " RESOLUTION NO. 12-33 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF 2012. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: .b 9 2 1 a. RICHARD J. STERN City Attorney RESOLUTION NO 12-33 PAGE 2 OF 2 RESOLUCION NUM. 12-33 UNA RESOLUCION DE EL ALCALDE Y EL CONSEJO DE LA CIUDAD DE APACHE JUNCTION, ARIZONA, PROPONIENDO UNA EXTENCION SOBRE LA ALTERNATIVA DEL LIMITE DEL GASTO - UNA OPCION DE AUTO REGLAMENTO. CONSIDERANDO QUE, la Constitution Estatal de Arizona permite la sumision a los votantes de una ciudad o pueblo una alternativa sobre una limitation de gasto, y CONSIDERANDO QUE, los votantes de la Ciudad de Apache Junction, Arizona, en 2009 Adoptaron una alternativa sobre el limite de gasto - una opcion de auto reglamento; y CONSIDERANDO QUE, el alcalde y el consejo de la Ciudad de Apache Junction, Arizona, despues de dos audiencias publicas han determinado que una extencion sobre la alternativa del limite de gasto - una opcion de auto reglamento - es necesaria pars la Ciudad de Apache Junction, Arizona. AHORA, POR LO TANTO, SE HA RESUELTO por el alcalde y el consejo de la Ciudad de Apache Junction, Arizona, que la siguiente alternativa sobre el limite de? gasto - una opcion de auto reglamento - sea sometida a los votantes de la Ciudad de Apache Junction, Arizona . Debera ser adoptado to siguiente por el consejo de la. Ciudad de Apache Junction, Arizona, coma una alternativa del limite de gasto: "El alcalde y el consejo comun de la Ciudad de Apache Junction, Arizona, deberan anualmente, como parte del proceso de la adopcion del presupuesto anual, adoptar una limitation alternativa de gasto igual'a la cantidad total propuesta de gastos coma aparece en el presupuesto anual como for adopto por el consejo para aplicar'al presupuesto de la Ciudad de Apache Junction para cada uno de los cuatros anos fiscales inmediatamente despues de tal adopcion . La alternativa sobre la limitation de gasto debera ser adoptada calla ario despises de una audiencia publica en la cual los ciudadanos de la Ciudad de Apache Junction puedan comentar sobre la propuesta alternativa sobre una limitation de gasto. Ningun gasto podra ser necho en violation de la alternativa sobre una limitation de gasto, ni podra ningun gasto propuesto ser en exceso de entradas estimadas disponibles , excepto las que el alcalde y el consejo comun puedan, por voto de tres-cuartos, declarar como una emergencia y suspendan la alternativa sobre la limitation de gastos La suspension de la alternativa sobre la limitation de gasto debera estar solamente en efecto par un aria fiscal a la RESOLUTION NO. 12-33 PAGE 1 OF 2 vez . " PASADO Y ADOPTADO POR EL CONSEJO DE LA CIUDAD DE APACHE JUNCTION, ARIZONA, ESTE DIA DE , 2012 . FIRMADA Y DADA FE EL DIA DE , 2012 . JOHN S . INSALACO ALCALDE ATESTIGUA: KATHLEEN CONNELLY SECRETARIA DE LA CIUDAD APROBADO EN FORMA: 2 ` • i 2 _ RICHARD J. STERN PROCURADOR DE LA CIUDAD RESOLUTION NO. 12-33 PAGE 2 OF 2 CITY OF APACHE JUNCTION ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) DETAILED ANALYSIS Pursuant to the Arizona State Constitution, the City of Apache Junction, as authorized by Resolution No. 12 - 33 passed on October 16, 2012, will seek voter approval to adopt a local alternative expenditure limitation (Home Rule Option) to apply to the City for the next four years beginning in 2013-2014. Under a Home Rule Option if approved by the voters, the city estimates it will be allowed to expend approximately $32,222,000 in 2013-2014, $33,749,500 in 2014-2015, $35,442,000 in 2015-2016, and $38,131,000 in 2016-2017. With approval of the Home Rule Option, the city will utilize the expenditure authority for all local budgetary purposes including General Government, Parks & Recreation/Library, Public Safety and Public Works We estimate that the expenditures for the next four years under the Home Rule Option will be as follows: ESTIMATED AMOUNTS TO BE EXPENDED IN SPECIFIC AREAS Area 2013-2014 2014-2015 2015-2016 2016-2017 General Government 13,542,000 14,314,500 14,963,000 16,105,000 ' Parks & Recrea- tion/Library 4,231,000 4,470,000 4,985,000 5,441,000 Public Safety 8,921,000 9,231,000 9,557,000 10,461,000 Public Works 5,528,000 5,734,000 5,937,000 6,124,000 Total Expenditures 32,222,000 33,749,500 35,442,000 38,131,000 If approved, the expenditures authorized will be funded from revenues obtained from federal, state and local sources It is estimated that the amount of revenue from each source for the next four years will be as follows ESTIMATED AMOUNTS OF REVENUE FROM EACH AND ANY SOURCE Source 2013-2014 2014-2015 2015-2016 2016-2017 Federal 600,000 600,000 600,000 600,000 State 9,707,000 10,129,000 10,579,000 11,030,000 Local 21,915,000 23,020,500 24,263,000 26,501,000 Total Revenues 32,222,000 33,749,500 35,442,000 38,131,000 CITY OF APACHE JUNCTION ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) DETAILED ANALYSIS PAGE 2 OF 2 In determining the revenue sources to fund the authorized additional expenditures under the alternative expenditure limitation, it is assumed that the federal, state and local revenues received by the City will continue to be available in 2013-2014 as they have for the past thirty-four years. Their continued availability is also assumed for the next three consecutive years following 2013-2014 Any and all dollar figures shown in this analysis are estimated figures only and are based upon information available at the time of preparation of this report The budgets and actual expenditures in any given year may be more or less than the figures noted above depending on available revenues. The actual expenditure limitation for each fiscal year shall be adopted as an integral part of the budget for that fiscal year. CITY OF APACHE JUNCTION ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS The voters of the City of Apache Junction in 2009 adopted an alternative expenditure limitation (Home Rule Option) The purpose of the election is for the continued use of the Home Rule Option. Pursuant to the Arizona State Constitution, the City of Apache Junction seeks voter approval to adopt a Home Rule Option to apply to the city for the next four years beginning in 2013-2014 Under a Home Rule Option if approved by the voters, the city estimates it will be allowed to expend approximately $32,222,000 in 2013-2014, $33,749,500 in 2014-2015, $35,442,000 in 2015-2016, and $38,131,000 in 2016-2017. With approval of the Home Rule Option, the city will utilize the expenditure authority for all local budgetary purposes including General Government, Parks and Recreation/Library, Public Safety and Public Works Under the state-imposed limitation the city estimates it will be allowed to expend approximately $25,113,637 in 2013-2014, $25,585,191 in 2014-2015, $26,198,531 in 2015-2016, and $26,793,598 in 2016-2017 for the operation of your local government. These expenditures estimates include expenditures of constitutionally excludable revenues. The amount of revenue estimated to be available to fund the operation of your city government is $32,222,000 in 2013-2014, $33,749,500 in 2014-2015, $35,442,000 in 2015-2016, and $38,131 ,000 in 2016-2017. These revenue estimates are the same under the Home Rule Option or the state-imposed expenditure limitation Any and all dollar figures presented in this summary are estimates only and are based upon information available at the time of preparation of this analysis. The budget and actual expenditures in any of the four years may be more or less than the expenditures noted above depending on available revenue. If no alternative expenditure limitation is approved, the state-imposed expenditure limitation will apply to the City of Apache Junction. ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS WORKSHEET POPULATION FACTOR COMPUTATION Prior Fiscal Population Fiscal Year Year Population ) 1978 Population = Factor 2013-2014 36,770 ) 9,500 = 3 8705 2014-2015 37,060 ) _ 9,500 = 3.9011 2015-2016 37,370 ) 9,500 = 3.9337 2016-2017 37,710 ) 9,500 = 3 9695 STATE-IMPOSED EXPENDITURE LIMITATION 1979-80 Projected Total Expenditures Under Fiscal Year Base Population Inflation State-Imposed Estimated State-Imposed Limit Limit x Factor x Factor = Expenditure + Exclusions = ' Limitation 2013-2014 1,581,484 x 3 8705 x 2 8500 = 17,445,231 + 7,668,406 = 25,113,637 2014-2015 1,581,484 x 3 9011 x 2.8903 = 17,831,785 + , 7,753,406 _= 25,585,191 2015-2016 1,581,484 x 3 9337 x 2 9352 = 18,260,125 + 7,938,406 = 26,198,531 2016-2017 1,581,484 x 39695 x 29852 = 18,740,192 + 8,053,406 = 26,793,598 ROLL CALL VOTE f OA NOTES /1") 0 0 \ OMV ITEM # MEETING OF \Ill , MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON Ni COUNCILMEMBER SERDY COUNCILMEMBER WALDRON J VICE MAYOR DIETZ I COUNCILMEMBER BARKER COUNCLMEMBER EVANS i MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 SPECIAL MEETING MOTION I MOVE THAT RESOLUTION NO. 12-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION-HOME RULE OPTION (BE APPROVED) OR (BE DENIED). ,�teeThiCii Ci 'y of Apache Junction 2 Home of the Superstition Mountains 4 MOP' Print TO. City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 16, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Council interviewed applicants at the October 15 work session. This item allows the council the opportunity to appoint or reappoint applicants to the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Municipal Property Corporation and Public Safety Personnel Retirement Board FISCAL IMPACT: OPTIONS/ALTERNATIVES: `ECOMMENDATION: ATTACHMENTS: Click to download l.] cover memo El list at applicants appointed October 2,2012 OCTOBER 3, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. AGENDA ITEM FOR OCTOBER 16, 2012 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of October 15, 2012. Copies of talent bank applications for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates. You may choose to fill any or none of these vacancies from the pool of applicants Please contact me if you have need additional information. LIST OF APPLICANTS APPOINTED/REAPPOINTED AT OCTOBER 2, 2012 COUNCIL MEETING BOARD OF ADJUSTMENT Mike Weller Jesse Gage LIBRARY BOARD Loretta Nielsen Todd Cousins PARKS AND RECREATION COMMISSION Tess Nesser Wayne Standage Jennifer McGraw Jesse Gage PLANNING AND ZONING COMMISSION Liza Kovach Tess Nesser Asik ROLL CALL VOTE ks(i\)) NOTES ITEM # MEETING OF MOTION BY: .)\ SECONDED BY c) kAA.14-) YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER V VICE MAYOR DIETZ COUNCILMEMBER WALDRON yI COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO ti UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING 3t. MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY \// COUNCILMEMBER BARKER /V COUNCILMEMBER WILSON V VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES p� c\i ;)..) I` 4v/) ITEM # MEET! OF \ I MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY f VICE MAYOR DIETZ COUNCILMEMBER EVANS COUNCILMEMBER WILSON I COUNCILMEMBER WALDRON J( COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING l MOTION BY SECONDED BY `'YES NO ABSTAINED COUNCILMEMBER BARKER I COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS VICE MAYOR DIETZ COUNCILMEMBER SERDY t/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF ` ^ MOTION BY: SECONDED BY: ,/�/`� YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER V COUNCILMEMBER SERDY ✓/ COUNCILMEMBER EVANS V COUNCILMEMBER WALDRON MAYOR INSALACO \17 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES `b ),,V 1 }7 V\ i'd4- , ITEM # MEETI OF - I 0 k MOTION BY SECONDED BY. b YES NO ABSTAINED COUNCILMEMBER WILSON J COUNCILMEMBER SERDY J COUNCILMEMBER WALDRON VICE MAYOR DIETZ J COUNCILMEMBER BARKER J COUNCLMEMBER EVANS MAYOR INSALACO ji UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 1 \ tLLC LLVOTE NOTES ,y,,, ITEM # MEETI OF V‘) MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS ✓ COUNCILMEMBER BARKER V VICE MAYOR DIETZ d COUNCILMEMBER WALDRON V COUNCILMEMBER SERDY J COUNCILMEMBER WILSON I MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11 CONSTRUCTION CODE BOARD OF APPEALS (4 POSITIONS) (Professional Architect or Engineer - motion for appointment—one applicant qualifies) I MOVE THAT BE APPOINTED TO THE 116. CONSTRUCTION CODE BOARD OF APPEALS IN THE PROFESSIONAL ARCHITECT OR ENGINEER CATEGORY FOR A TERM TO EXPIRE ON OCTOBER 31, 2014. (General Contractor vacancy - no applicant qualifies (Contractor other than a General Contractor—reappointment) I MOVE THAT BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2014 (Lay person—motion for new appointment) I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE ON OCTOBER 31, 2014 HEALTH AND HUMAN SERVICES COMMISSION (2 POSITIONS) (motion for reappointment—two wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015. (motion for appointment if council does not wish to reappoint both current members) I MOVE THAT BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015 INDUSTRIAL DEVELOPMENT AUTHORITY(THREE POSITIONS) I MOVE THAT BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. I MOVE THAT BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2015. I MOVE THAT BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2014. MUNICIPAL PROPERTY CORPORATION (2 POSITIONS) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE ON OCTOBER 31, 2015 (motion for appointment) I MOVE THAT BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE ON OCTOBER 31, 2014. PUBLIC SAFETY PERSONNEL RETIREMENT BOARD (TWO POSITIONS—ONE ELECTED BY POLICE DEPARTMENT) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM TO EXPIRE ON OCTOBER 31, 2016 (motion for appointment of the police department representative) I MOVE THAT CLYDE ALLISON BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD IN THE POLICE REPRESENTATIVE POSITION FORA TERM TO EXPIRE ON OCTOBER 31, 2016 ROLL CALL VOTE NOTES 1\ A \ \1 ) -)/ /9 0 o \ ITEM # `L c. MEETIN C OF 10 g . I MOTION BY SECONDED BY ./ i YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY l/ COUNCILMEMBER WALDRON c/ VICE MAYOR DIETZ I COUNCILMEMBER BARKER 1COUNCLMEMBEREVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Amok AM ITEM NO. 12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, NOVEMBER 5, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY,NOVEMBER 6, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL { WS I.6 1 1/ REG +V I 1 1/ SPEC /1311 /P CITY COUNCIL P / A P / A P / A MAYOR INSALACO 1 `` VICE MAYOR DIETZ 1 ✓ COUNCILMEMBER BARKER / I V COUNCILMEMBER EVANS / _ COUNCILMEMBER SERDY V / V COUNCILMEMBER WALDRON v / 1 COUNCILMEMBER WILSON L� 7 _ / I TOTAL L CITY STAFF I ' City Manager George Hoffman Assistant City Manager Bryant Powell v City Clerk Kathleen Connelly I / City Attorney Joel Stern I V Public Safety Director Jerald I Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs. Director Brad Steinke L, Human Resources Director Liz Riley Assistant to the City Manager " Matt Busby OTHERS: I I r ,I q,,,t) i(4,,, L 1'� Date: /6/I z' CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public `' (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes® No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) yd r , Sd,3 Sky 0 , -c 6U sr37/ 0 Address City Zip Code $4,80 - 3 '7,2 l '1-- 7� r /e '.W+c.h Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date:/--/‘7/,2 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR C j Call to The Public / (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. l/ 'NnffO //S'// 4 j Name (Print) A/7 es / ./71c4 ert:=5ia� Address City Zip Code �© yam- C4:>/z/17 .--4--/ `s.: ' -64`,i Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12 Date: /0`—/(p 712 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeslk No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am'opposed to the proposed Item. FIN! Name (Print) loS0 LE. uv‘ s/7 Address City Zip Code y - 9c/' ?f57 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12