The URL can be used to link to this page

Home My WebLink About2015 03.17 City Council Regular Agenda 7€1": City of Apache Op Junction, Arizona Meeting location City Council Chambers ++"' at City Hall Agenda 300 E Superstition Blvd g Apache Junction,AZ 'r"1}. `t 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,March 17,2015 7.00 PM City Council Chambers 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 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 heanng 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 pnor 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. Consideration of acceptance of agenda. 2. Consideration of approval of the minutes for the regular meeting of March 3, 2015 3. Consideration of approval of employment agreement with presiding magistrate The current employment agreement with _ Judge Hazel expires on June 30, 2015. This new agreement will be for a period of two years beginning July 1, 2015 and ending June 30, 2017 4. Consideration of the purchase and sale agreement of the property located at 1633 East 2nd Avenue, Apache Junction 5 Consideration of Resolution No. 15-07, allowing the City of Apache Junction Police Department to submit grant applications to the Governor's Office of Highway Safety 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 City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 /. .\ City Council Meeting Agenda March 17,2015 F ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a bnef 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 6. City manager's report 7. Update, presentation and discussion on recent downtown projects and activities. H. PUBLIC HEARINGS Public heanngs 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 appeanng before the council 8 Consideration of approval of Resolution No. 15-08, approving or denying a conditional use permit to allow Mehmood Mohiuddin to conduct various outdoor entertainment activities on his properties, located at the southeast corner area of E Lost Dutchman Boulevard and N. Apache Trail, adjacent to or near the Hitching Post Restaurant, including concerts, gun fight shows, various outdoor games, kids games and other similar activities, as well as parking accommodation for the events and activities OLD BUSINESS .► The council shall consider any business that has been previously considered and which is still unfinished to include 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 9. Presentation and discussion on the city of Apache Junction boards and commissions. Council will have the opportunity to provide staff with the additional information they desire on comparable organizations' boards and commissions J. 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 City of Apache Junction,Arizona Page 2 Printed on 3/10/2015 City Council Meeting Agenda March 17,2015 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10 Executive Session at 5.45 P M and Work Session at 7 00 P M for Monday, April 6, 2015 11. Executive Session at 5 45 P M and Work Session at 7 00 P M. will be held on Tuesday, April 7, 2015 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 wntten "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 authonzed 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 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 on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests maybe made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095 City of Apache Junction,Arizona Page 3 Printed on 3/10/2015 CITY COUNCIL REGULAR MEETING MARCH 3, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 3, 2015, at the Apache Junction City Council Chambers pursuant to the notice Avektk 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 Barker led the Pledge of Allegiance ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Amikk Staff Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby Others Present : Management Assistant Anna McCray Captain Troy Mullender REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 1 OF 13 Aink Captain Arnold Freeman Sergeant Thom Parker Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED: AND THAT APPROVAL BE GIVEN TO THE AGREEMENT BETWEEN BLINK NETWORK LLC AND THE CITY OF APACHE JUNCTION FOR A CONTRACT TERM OF FIVE YEARS FOR THE CONTINUED OPERATION AND MAINTENANCE OF THE PLUG-IN ELECTRIC VEHICLE CHARGING STATIONS LOCATED IN THE MULTI- GENERATIONAL CENTER PARKING LOT, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Safety Director Tom Kelly presented an Outstanding Citizenship Award to Thomas Owen for his assistance in apprehending an armed violent felon on December 13. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced last Thursday Vice Mayor Barker p and he attended Central Arizona Governments Legislative Day at the League of Cities and Towns office They talked to League members and legislators regarding pending legislation that is not good for the cities and towns. Councilmember Wilson commented Lost Dutchman Days was this past weekend The weather held off for the events and the parade was reported to be one of the best in years He was told the mayor was a comedy act at one place. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 2 OF 13 Councilmember Rizzi commented about Grandparents' Day at the state capitol with the Grandparent Ambassadors, a group where grandparents are raising children. They meet with legislators on a regular basis . She advised there is a local support group in Apache Junction and provided the information. Mayor Insalaco commented Councilmembers Rizzi and Waldron manned one station for announcing at the parade and Vice Mayor Barker ice►, and he manned another. They were a comedy team Councilmember Evans reminded everyone this Saturday is the first Saturday of the month and the community garden will have the monthly farmers' market and craft sale. Councilmember Evans announced the police department is having their vehicle identification number etching starting at 10 a.m. for an anti-theft program that is free to the public. Councilmember Evans announced the hazardous waste disposal is also on Saturday CITY MANAGER' S REPORT Assistant City Manager Bryant Powell thanked the staff for their assistance at Lost Dutchman Days Assistant City Manager Bryant Powell introduced Katrine Ostkowdotierz from Iceland who donated a portrait to the mayor that she painted of him. PUBLIC HEARINGS Amok None. OLD BUSINESS None. NEW BUSINESS UPDATE ON CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 15/16 REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 3 OF 13 .^ Assistant City Manager Bryant Powell and Mr Ray DelZotto from Cook DZ briefed the council on the item. There were no questions. This was a discussion item only and the mayor closed the discussion and moved on to the next item. DISCUSSION ON PROPOSED UPDATE TO THE PARKS AND RECREATION FEE SCHEDULE ) Parks and Recreation Director Jeff Bell gave a general overview and advised Liz Langenbach would give the in depth briefing. Recreation Superintendent Liz Langenbach presented the in depth briefing on the item. Councilmember Evans commented there is a new local soccer club. She asked how they would get on the partial fee list Recreation Superintendent Liz Langenbach stated the criteria has been developed over the years . They have lots of groups come and ask to not have fees. They are all kind of in the same situation as each other. Councilmember Evans asked if they were all nonprofits . Recreation Superintendent Liz Langenbach stated many of them are nonprofits. Over the years they have established the criteria to kind of differentiate. There are many different types of clubs and teams . There are certain groups where this is their area, for example, Little League They have a national group that states this is the area they play Little League in. They are open to everybody. There are not any cuts Everybody gets to participate. There are mandatory participation rules. They are a completely volunteer- led group. A group like the soccer league fits into many of those criteria but they have a paid staff member that is the coach. Little League, girl scouts and boy scouts are all completely volunteer-led. As of right now they do not fit into REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 4 OF 13 p that group This is kind of what staff is asking the council They want to know if they would like something different. They have many groups that may be missing one or two of those aspects . They have 8 different baseball teams that are club teams that might be open to certain participation. They have all volunteer coaches and are a 501 (C) 3 but they might cut. All of their groups that do not fall into this either do not meet one of the categories or criteria at this point in time. Councilmember Evans asked what the fees are between the partial fee group and the fee group. She asked how much difference there is between them. Recreation Superintendent Liz Langenbach stated the light fee is $15 an hour and all groups pay that fee for lights at the field. If someone is in this fee category they pay a partial amount for the lights, which is 25% of that fee at this time Long ago they used to pay almost nothing or nothing for a lot of those because we were smaller and did not have quite as many amenities. Over the last 15 to 20 years we have changed that so the 501 (C) 3 partners are contributing a little bit as there are operational costs They do not want to rely solely on the general fund, they have to rely on fees to offer many of the services . Councilmember Evans asked if a full fee is $50 and a partial fee $25. Recreation Superintendent Liz Langenbach stated with the example of the light fees it is $15 an hour for everybody If it is Little League, girls scouts or __ any of those groups that want to do something it is 25% of that which is $3 . 75. Councilmember Evans commented there would be a separate fee for the fields . She assumed they want a ramada exclusively versus one of the baseball fields. She asked if they have those fees listed. Recreation Superintendent Liz Langenbach stated they do. There is a very extensive list of all of their fees. They bring it to the council about every 5 years They do a market study That is what started this whole REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 5 OF 13 discussion is that they are doing their market study of all of those fees . They try hard to look at what their market is. They use the same cities as the class and comp studies . They took all the cities similar to Apache Junction and see what they say and see where Apache Junction sits . They try to look at what the average is and the community demographics so far as what is affordable and what people can afford. They know that based on experience and what people tell them. An example is the marquee. They put a fee based on what the market told them when it was new. Over the last few years people have been saying it is not really affordable for them. They are taking a look at that. That fee will be coming back at a reduced amount they feel is reasonable and affordable . The same with the other fees . The light fee is at the low end of the light fees throughout the valley. They try to stay on the low end to be affordable for the nonprofits, families, residents and everyone who wants to use those. The City of Mesa does not have a nonprofit fee. They have a low fee for residents and they charge more for other groups. The nonprofits get their resident fee. They keep the fee low and that is what Apache Junction tries to do. They will bring the fees back to them so if something looks odd they will have the chance to bring it up to them. Councilmember Rizzi commented she did a good and thorough job on the presentation. She really thinks that the criteria for determining the fees is very reasonable. She appreciates what the parks and recreation staff have done in trying to remember to keep the fees low for people in our community. She mentioned a group she had not heard of before, ATV Safety. She asked if that group rides the ATVs. Recreation Superintendent Liz Langenbach stated they do It is an ATV Safety Institute They have been renting our facility for many years . They do safety training for people who are riding ATVs. They rent more of the parking lot area of the rodeo grounds, but not the rodeo arena. They will reserve the entire parking lot area, bringing out cones and instructors . Councilmember Rizzi thanked her for the explanation. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 6 OF 13 Assistant City Manager Bryant Powell asked when the fees and rates would be brought back to the council. Recreation Superintendent Liz Langenbach stated they will be bringing it back to the council very quickly They have done all the research. The interest was in relooking at the nonprofit fees and looking to see what they could do for different groups. They do need to bring in some fees from the facilities to be able to offset the general fund dollars that contribute to that. Before they can bring back the fees they need to have an understanding of if the council is comfortable with the current fees, they want to give more direction or want to see something different. If they want them to come back with a different proposal than this, they will do that next Councilmember Evans asked how long the Youth Football League and Little League go in the year Recreation Superintendent Liz Langenbach stated Little League is typically March through May. The season for Black and Gold Tackle Football is August through the end of October. Girl scouts and boy scouts are year round. They go every single month at their facilities. 4-H is almost every week on Fridays, whether it be a gymkhana or something else. They have the partnership with the Little League as they are the local agency. In the fall, District 7 is the overall region for our area and they have to pay full fees because those kids are not necessarily local residents. They pay the full fee during the fall ball season, having to follow the same rules as enS everyone else. Councilmember Evans commented the newly formed soccer club program for boys and girls is 10 months of the year. The coaches are paid minimal amounts and the practice times are at least 2 nights a week plus any scrimmages so it is sometimes 3 times That was the need for paying the coaches as they were volunteering 3 days a week for 10 months and it just does not happen that way. The only difference between them and the other groups is this minimal payment for the coaches, but that totally rules them out of this category. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 7 OF 13 Recreation Superintendent Liz Langenbach asked if they also have mandatory playing requirements . Councilmember Evans commented they have never been able to get large enough and everybody has to play the whole game. It is part of the Arizona Youth Soccer League that called for the tryouts. There are no cuts; ....►. everybody plays . Even in trying to reword how the national group calls it, it seems like the only thing that threw them out of these categories was the minimal payment. They do not have anything else for the youth that goes that long. Recreation Superintendent Liz Langenbach stated this is definitely one way of looking at it. She thinks they would struggle to want groups to monopolize and have kids do one sport for the whole year It is tough. The reason why Little League and them, they would go to fall ball. Black and Gold would go to a spring football league. They encouraged them not to just because they want to have time for some of the other sports that are out there. They worked with them over the years to not overlap the seasons . Councilmember Evans commented these are kids that are not in competition with the city parks and recreation for what they offer. This is a whole group of kids that have decided to focus on soccer. Recreation Superintendent Liz Langenbach stated it is the next level after parks and recreation It is the same for Black and Gold. It is the next level for all of those. She thinks it is wonderful and they are AiiimN very happy to have them in our community. They refer all the kids that are getting to be that age to that group. In talking about the coaches, every one of those groups have board members that work year round on that stuff just like the coaches and they are not paid. That is where their original thinking came from. If the council has thoughts they would like to see this done differently, that is what today' s discussion is about. Mayor Insalaco commented he would like them to work on that one. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 8 OF 13 Recreation Superintendent Liz Langenbach asked if the council would like them to look at that. Mayor Insalaco commented he would. Vice Mayor Barker commented not for that long a period of time, though, because we have so eN many other different sports out on the fields. Mayor Insalaco agreed. Councilmember Rizzi agreed Vice Mayor Barker commented she walks her dog there so she knows. To have a group monopolize that for 10 months is ludicrous. Councilmember Evans commented they have never monopolized any field for 10 months. They need to practice on the school property as well. They move around quite a bit. Recreation Superintendent Liz Langenbach stated some parts of the year they do not use their fields, especially when it is light out. At that time they use the schools' fields . Councilmember Evans commented that is correct. There are 3 fields that do not require the lights. eiN Recreation Superintendent Liz Langenbach stated the important thing is if the council wants them to be looking at these categories to see if do not quite work. They would have to create another category. It is not just that group that would fall into that then. There would be 8 baseball club teams that would be there They do not pay their coaches and they are 501 (C) 3s. They might be missing in one other category and that is the challenge if there is some thought to make it inclusive for everybody REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 9 OF 13 Councilmember Evans asked if the other clubs are youth groups. Recreation Superintendent Liz Langenbach stated the ones she is talking about are. Assistant City Manager Bryant Powell stated there is the Monsoon Softball and the eight or so young men and boys baseball club teams that are also involved. There is another category they can look at but they need to remember it is not just this one soccer club. There are others, but maybe they need to look at the other cities and see if there is another category. It sounds like in this case it is just the coaches. Maybe there can be a lesser fee, but not as much as the current category. Councilmember Serdy commented almost every parks and recreation for a city is going to operate at a loss . He remembers using Mesa and Gilbert. Their fees are much higher but they also have more people and they are more hard-nosed than us. We seem to do more of the partial paying whereas they charge full price. He asked if there is any comparison to how some of these other cities operate Recreation Superintendent Liz Langenbach stated absolutely. When they did their market study they looked at all of those things as well. They looked at who was doing nonprofit fees separate from regular fees, residency versus non-residency and all kinds of things Out of the nine cities they looked at, six of the nine have some type of policy addressing nonprofits where they have reduced fees. Of those six, two of them have one nonprofit rate for all of the nonprofits. Pretty much everybody is a nonprofit here. They primarily reserve to individuals, families and nonprofit agencies Everybody would be getting a reduced fee. Four of them have varying rates depending on the type of nonprofit They have one rate for youth nonprofit, one for adult nonprofit, one rate for for-profit and another rate for a variety of others. They have five or six categories. Almost all of them, Mesa, Oro Valley and Marana have some type of a nonprofit policy. They are all just very different. REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 10 OF 13 Councilmember Rizzi commented she wanted to reiterate she is very comfortable with the criteria they have She thinks it is very fair and reasonable. She is good with what the city has . Recreation Superintendent Liz Langenbach stated the next step is to bring back the fees where Amok they will have another opportunity to look at them and say they like another one better This was a discussion item only. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Mayor Insalaco called for discussion on the interviews for final applicants for the city manager position. City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented he believes they need both dates for executive sessions . It is just the one item so it does not need to be a real early time. He suggested 6: 15 . oak There was general discussion on the time of the executive session Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT EXECUTIVE SESSIONS FOR THE PURPOSE OF PERSONNEL MATTERS REGARDING THE CITY MANAGER POSITION BE HELD AS FOLLOWS : MONDAY, MARCH 23, 2015 AT 6: 15 P.M IN THE EXECUTIVE SESSION ROOM AND REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 11 OF 13 ,^ MONDAY, MARCH 30, 2015 AT 6: 15 P.M IN THE EXECUTIVE SESSION ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly stated for clarification they will probably end up using the development services conference room. Mayor Insalaco called for a motion on the next meeting dates . Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 . 00 P M BE HELD ON MONDAY, MARCH 16, 2015, 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, MARCH 17, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE• Unanimous . The motion carried. ANN CALL TO THE PUBLIC Mr Chris Coyle, Republic Services, 4050 S. Tomahawk, addressed the council to give an update on the recent quarterly free dump week at the Apache Junction landfill ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 00 p.m. Consent Agenda Items are as follows : REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 12 OF 13 eN 1 . Consideration of acceptance of agenda 2 . Consideration of approval of minutes of regular meeting of February 17, 2015 . 3. Consideration of approval to enter into an agreement with Blink Network LLC for a contract term of five (5) years for the continued operation and maintenance of the plug-in electric vehicle changing stations located in the Multi- Generational Center parking lot ACCEPTED THIS 17TH DAY OF MARCH, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 17TH DAY OF MARCH, 2015 . 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 3rd day of March, 2015. I further certify that the meeting was duly called and held and that a quorum was present Dated this 9th day of March, 2015 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 3, 2015 PAGE 13 OF 13 .011111. Am. � `_7T«`_k' City of Apache Junction, Arizona 300 E Superstition • $ -'4'''n. Boulevard ,� ', r Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.3. ' ` File ID: 15-15 Sponsor Kathy Connelly Agenda Date.3/17/2015 Index. Budgetary Item, City Internal Issue In Control. City Council Meeting Consideration of approval of employment agreement with presiding magistrate The current employment agreement with Judge Hazel expires on June 30, 2015 This new agreement will be for a period of two years beginning July 1, 2015 and ending June 30, 2017 Attachments ,rit City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 EMPLOYMENT AGREEMENT WITH PRESIDING MAGISTRATE THIS AGREEMENT is made and entered into this day of 2015 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "City") and JAMES W. HAZEL, JR., Presiding City Magistrate (hereinafter"Contract Employee"), sometimes collectively referred to as the "Parties", each of whom understand as follows: RECITALS A. On December 15, 2008, Contract Employee and City entered an initial employment agreement for Presiding Magistrate services. B. City desires to continue the employment relationship with Contract Employee and Contract Employee desires to continue providing Presiding Magistrate services to City. C. It is the continuing desire of the City Council to: (1) maintain the services of Contract Employee and to provide inducement for Contract Employee to remain in such employment; (2) to make possible full work productivity by assuring Contract Employee's morale and peace of mind with respect to future security; (3) to guard against malfeasance or dishonesty for personal gain on the part of the Contract Employee; and (4) to provide a just means for terminating Contract Employee's services at such time as Contract Employee may be unable fully to discharge Contract Employee's duties or when City may desire otherwise to terminate Contract Employee's employ. D. The Parties mutually desire to amend this employment agreement with certain modified terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Contract Employee as the Presiding Magistrate of the City to perform the functions and duties specified in the Apache Junction City Code, Volume I, Section 5-1-4 and as required by law of the State of Arizona, including state statutes and/or rules and administrative orders of the Arizona Supreme Court. SECTION 2. TERM A. The Term of this Agreement shall be from July 1, 2015 through June 30, 2017. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Council to terminate the services of Contract Employee as provided by State law C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Employee to resign at any time from employment of City, subject only to the provisions set forth in Section 3 of this Agreement. D. Contract Employee agrees to remain in the exclusive employ of the City during the contract period and neither accept nor become employed by any other employer until contract termination, except that Contract Employee may engage in part-time teaching at a college or university level. SECTION 3. TERMINATION A. In the event Contract Employee voluntarily resigns his position before expiration of the aforesaid Term, Contract Employee shall provide City written thirty (30) calendar day advance notice, or such advance notice as may otherwise be mutually agreed upon by the Parties. B. In the event Contract Employee is terminated by council action or should the City Council choose not to renew Contract Employee's contract upon said contract's expiration, City will pay as partial contractual compensation severance pay to Contract Employee in an amount equal to three (3) months salary. C. Contract Employee shall not receive any severance award if Contract Employee: 1. voluntarily resigns from his position or requests that he not be considered for reappointment, or 2. is removed by City Council action for specific allegations of malfeasance or misfeasance, which may include, but not be limited to: (a) willful and wanton misconduct in office; (b) performance of an illegal act. 2 3. is terminated by City Council action before the expiration of the contract term for only the following reasons: (a) willful and wanton misconduct in office; (b) performance of an illegal act; (c) death or incapacitation. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION A. City agrees to pay Contract Employee for his services rendered pursuant hereto at an annual base salary of One Hundred Thirteen Thousand Six Hundred Twenty Two Dollars and Thirty Nine Cents ($113,622.39) and any cost of living increases or base wage adjustments received by other career employees over the Term hereafter. Payment of said salary shall be made at the same time and manner as other employees are paid City agrees to pay as additional compensation the severance pay provided for by Section 3 of this Agreement subject to the conditions contained in said Section. The Parties both agree they will not seek a change of salary during the Term of this Agreement. B. Contract Employee shall be evaluated annually, to be completed no later than June 1 of each year this Agreement is in effect. The evaluations shall be conducted in accordance with the performance standards as determined by the City Council for said purposes, considering among other items standard for trial judges as established by the Commission on Judicial Performance Review of the Arizona Supreme Court. Nothing in this provision is to be construed as creating either a promise or expectation of reappointment or contract renewal, and it is understood by Contract Employee that any reappointment or renewal would be a matter left to the unconditional discretion of the City Council of the City of Apache Junction. SECTION 5. HOURS OF WORK; VACATION; SICK LEAVE; PERSONAL DAYS A. Hours Monday - Friday. Contract Employee shall not work less than an average of forty (40) hours per week except when a court holiday occurs or when on leave approved by the Mayor. In the event Contract Employee is required to work more than forty (40) hours in a week, Contract Employee shall not be compensated for any additional time. B. Weekend Hours. Contract Employee will provide magistrate services every other weekend and may utilize pro-tem magistrates on alternative weekends to provide for magistrate services. Contract Employee shall establish the schedule for weekend coverage within thirty (30) calendar days of the start of this agreement. 3 C. Holidays. Contract Employee shall be entitled to such City holidays or State holidays as required by law. If need dictates that Contract Employee work a City holiday, Contract Employee is entitled to exchange a normal workday for the purpose of having a day off. D. Vacation. Contract Employee shall on an annual basis accrue Two Hundred (200) hours of vacation leave which shall be credited on December 15th each year this Agreement is in effect. Contract employee shall be allowed to accrue vacation leave beyond the limits of the Personnel Rules. Vacation leave in excess of 125 hours will be paid out on January 15th of each year the agreement is in effect, at the salary rate in effect at time of payment. E. Sick Leave. Contract Employee shall on an annual basis accrue Ninety-Six (96) hours or Twelve (12) days of sick leave. F. Personal Days. For each calendar year this Agreement is in effect, Contract Employee may use Sixty Four (64) hours for personal business, none of which shall accrue nor shall be reported to City's Human Resources Division or Finance Department as "time-off'. G. Hours of Work. It is recognized that Contract Employee must devote a large amount of time outside traditional business hours to the business of the City. Contract Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the judicial administration of the City is not harmed. SECTION 6 PROFESSIONAL DEVELOPMENT A. City hereby agrees to budget and to pay the travel and subsistence expenses of Contract Employee for professional and official travel, meetings and occasions adequate to continue the State Supreme Court required or recommended professional development of Contract Employee. B. City also agrees to budget and to pay for travel and subsistence expenses of Contract Employee for short courses, institutes and seminars which are necessary for professional development and for the good of City, subject to the Mayor's determination as to what is necessary. C City agrees to pay professional dues and association dues, which are necessary for participation in national, regional, state and local professional associations, or are reasonably related for the maintenance 4 of professional credentials, or for reasonable professional development, subject to the Mayor's determination as to what is necessary. SECTION 7. OTHER TERMS AND CONDITIONS A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Contract Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, Arizona Revised Statutes, or any other statute, ordinance or regulation. B. City shall pay on behalf of Contract Employee all family premiums for dependent health/dental/vision insurance annualized per pay period on a fiscal year basis, and such benefits shall be covered at the most beneficial tier option that the City's insurance providers make available for employees. C. Unless otherwise negotiated within this Agreement, all action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Contract Employee. The term "fringe benefits" include vacation, sick leave, holidays, retirement, life and long-term disability insurance, except however, in the case of life and long-term disability insurance, City shall pay such premiums at no cost to Contract Employee. Contract Employee shall be covered by the City's insurance for errors and omissions. D. City shall provide on behalf of Contract Employee a family membership to the Multi-Generation Center of Apache Junction. E. ICMA 401(A) Profit Sharing Plan. During each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee Five Thousand Two Hundred Fifty Dollars ($5,250.00) into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. SECTION 8. GENERAL PROVISIONS A The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Employee. 5 C. If any provisions or any portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. SECTION 9. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Contract Employee. James W. Hazel, Jr. P.O. Box 9060 Apache Junction, Arizona 85178 SECTION 10. ASSIGNMENT This Agreement is not assignable by either City or Contract Employee. IN WITNESS WHEREOF, City and Contract Employee have caused this Agreement to be executed the day and year first above written. CO ACT EMPLO E � r ate J s . az ITY F APACHE JUN ON, an rizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST. Kathleen Connelly, City Clerk 6 APPROVED AS TO FORM: c -- 3 -4- 15 Richard J. Stern, City Attorney 7 AIM i• ,0012 'ki City of Apache Junction, Arizona 300 E Superstition Boulevard . � Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. .r`t"="," File ID: 15-16 Sponsor. Matt Busby, Joel Stern and Emile Schmid Agenda Date:3/17/2015 Index. In Control. City Council Meeting Consideration of the purchase and sale agreement of the property located at 1633 East 2nd Avenue, Apache Junction Attachments. City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 ►^ PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (the "Agreement") is made effective as of the day of , 20_, by and between Donna R. O'Malley and Canis James O'Malley, ("Seller"), and City of Apache Junction, an Arizona municipal corporation("Buyer"), collectively referred to as the"Parties"or individually as a"Party" RECITALS A Seller is the owner of that certain parcel of real property situated m the County of Pinal, State of Arizona, legally described on Exhibit "A" attached hereto (the "Property") and also commonly known as 1633 East 2"d Avenue,Apache Junction, AZ, 85119. B Seller is willing to sell to Buyer, and Buyer is willing to purchase from Seller, the Property,pursuant to the terms,provisions and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the foregoing, and of the terms, conditions and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows. 1 Agreement of Purchase and Sale At the consummation of the transaction contemplated by this Agreement (the "Closing"), subject to the terms, covenants and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller, the real property located in Pinal County, Anzona, described on Exhibit "A" attached hereto (the "Real Property"), together with (i) all rights, privileges, easements and appurtenances thereto, if any, whether or not recorded, including, without limitation, all development rights, air rights, water and water rights, if any, used in connection with the Real Property, (n) all of Seller's interest in all oil, gas and other minerals, if any, in and under or that may be produced from the Real Property, (m) all ditch and ditch rights, reservoirs and reservoir nghts, well and well rights, irrigation grandfathered water nghts and Central Arizona Project water rights appurtenant to oreiN used m connection with the Real Property and all wells, pumps, well equipment, imgation equipment, pivots, sumps and other pumps, situated on or used in connection with the Real Property, if any; (iv) all of Seller's lease rights and rights in management or other contracts affecting or relating to the Real Property; and (v) all engineering and surveying reports, plans, surveys, drawings, specifications, development and marketing information and materials and other information relating to the Real Property m Seller's possession or control, if any (collectively,the"Property") 2 Purchase Price. The purchase price (the "Purchase Pnce") for the Property shall be $40,000 dollars and no/100 ($40,000 00) The Purchase Price shall be payable by cash or by wire transfer of immediately available funds at the Closing 3 Escrow and Closing Related Matters (a) Escrow Instructions The standard form escrow instructions of Escrow Agent attached hereto as Exhibit `B", together with any provisions of this Agreement applicable to Escrow Agent, together shall constitute the escrow instructions between Seller, Buyer and Escrow Agent In the event of any conflict or inconsistency between the provisions of the standard form escrow instructions and this Agreement or any deed, instrument or document executed or delivered m connection with the transaction contemplated hereby, the provisions of this Agreement, or such deed, instrument or document, shall control. (b) Opening and Closing For purposes of this Agreement, the opening of 001 escrow (the "Opening of Escrow") shall be deemed to be the date on which three (3) copies of this Agreement, executed on behalf of Buyer and Seller, are delivered to and accepted by Escrow Agent The Closing shall occur on or before April 18, 2015 The Closing shall take place at 10 00 a m m the office of Escrow Agent, or at such other time or date and location as the parties may mutually agree (c) Action at the Closing by Seller At the Closing, Seller shall deliver or cause to be delivered to Escrow Agent for the account of Buyer(if not otherwise delivered prior thereto) all of the followmg instruments dated as of the Closmg, fully executed and, if appropriate, acknowledged- (i) a fully executed and acknowledged Special Warranty Deed to the Property in the form attached hereto as Exhibit "C" and made a part hereto conveying the Property to Buyer, as grantee, subject only to the Permitted Title Exceptions (as defined m Paragraph 4(a)(iv)below), (ii) an Affidavit of Property Value pertaining to the Property, (iii) a Non-Foreign Person Affidavit; and (iv) such other funds, instruments or documents as are reasonably necessary to fulfill the covenants and obligations to be performed by Seller pursuant to this Agreement (d) Action at the Closing by Buyer At the Closing, Buyer shall deliver or cause to be delivered to Escrow Agent for the account of Seller (if not otherwise delivered prior thereto)all of the following, and with respect to any instruments or documents referred to below, with all such items being dated as of the Closmg, fully executed by Buyer and, if appropnate, acknowledged• (i) all funds referred to in Paragraph 2 above necessary to pay the Purchase Pnce, (ii) an Affidavit of Property Value pertaining to the Property, and (ui) such other funds, instruments, or documents as are reasonably necessary to fulfill the covenants and obligations to be performed by Buyer pursuant to this Agreement. (e) Closing Costs. The escrow fee payable to Escrow Agent in respect of the conveyance and transfer of the Property to Buyer shall be paid by the Buyer. All other fees, 2 recording costs, charges or expenses mcidental to the sale, transfer and assignment of the Property to Buyer shall, except as otherwise herein expressly provided,be paid by the Buyer (f) Payment of Taxes and Assessments. Property taxes, based upon the latest available tax bill from the Pinal County Treasurer, shall be assumed and paid by Buyer According to the Pmal County Treasurer the taxes due are Two Thousand Three Hundred Eighty Six dollars and seven cents ($2,386 07). All general and special assessments and improvement distnct liens shall be charged to and paid by Buyer as of the Closmg. /, (g) Insurance Policy At the Closing, and as a condition to close escrow, Buyer shall cause Escrow Agent to deliver an extended coverage owner's policy of title insurance issued by Escrow Agent or its principal, or the unconditional commitment of the title insurer("Title Insurer")to issue such policy, insuring title to the Property in Buyer in the amount of the Purchase Price; the policy will be subject to the usual printed exclusions, exceptions, conditions and stipulations set forth in the printed form policy, the Permitted Title Exceptions, and such other matters approved in writing by Buyer or resulting from Buyer's actions. Buyer shall pay the premium associated with a standard coverage policy and any endorsements issued to cure any title objections that Buyer has elected to cure 4. Feasibility; Contingencies Buyer, and/or such person or entity as may be designated by Buyer, shall have the nght, at any time prior to the Closing, or until this Agreement otherwise terminates, to examine and inspect the Property in accordance with the terms hereof The obligation of Buyer to purchase the Property from Seller is contingent upon the satisfaction of each of the following conditions (each a "Contingency" and, collectively, the "Contingencies")within the timeperiods provided g ) p o ided (a) Title and Survey Review (i) Survey. Promptly following the Opening of Escrow, Buyer shall provide Seller and Escrow Agent with a current ALTA/ACSM survey of the Property (the "Survey") prepared by an Arizona licensed surveyor or engineer containing a metes and bounds legal description of the Property and certified to Buyer, Seller and Escrow Agent Buyer shall enN obtain the Survey and certification at Buyer's sole cost and expense If Buyer, in its sole and absolute discretion, fails to approve or disapprove the Survey by giving written notice of the satisfaction of this Contingency to Seller and Escrow Agent on or before 5.00 p.m, Phoenix time, on the date that is thirty (30) days followingthe Opening Escrow (the "Feasibility ty Expiration Date"), then (i) this Contingency shall be deemed automatically and without further act not to have been satisfied; (u) this Agreement shall be deemed terminated, and (m) neither party shall have any rights as against the other (except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement). (ii) Original Report Promptly following the Opening of Escrow, Buyer shall cause Escrow Agent to provide Buyer and Seller with a current preliminary title report of the Property (the "Title Report"), together with legible copies of all instruments of record referred to on Schedule B thereof If Buyer, in its sole and absolute discretion, fails to approve or disapprove the Title Report by giving written notice of the satisfaction of this Contingency to Seller and Escrow Agent on or before the Feasibility Expiration Date, then• (i) 3 this Contingency shall be deemed automatically and without further act not to have been satisfied, (ii) this Agreement shall be deemed terminated; and (iii) neither party shall have any rights as against the other (except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement). (iii) Amended Reports. If Escrow Agent subsequently issues any amendment to the Title Report (an "Amended Report") disclosing any additional title matters or /"\ modifications to the previously disclosed title matters, then Buyer shall be entitled to object to any such matter disclosed on the Amended Report by dehvenng written notice of such objection to Seller and Escrow Agent on or before ten(10)business days after Escrow Agent has delivered to Buyer the Amended Report together with copies of all recorded documents disclosed for the first time in the Amended Report (the "Amendment Objection Date") If Buyer, in its sole and absolute discretion, fails to approve or disapprove the Amended Report by giving written notice of the satisfaction of this Contingency to Seller and Escrow Agent on or before the Amendment Objection Date, then (i) this Contingency shall be deemed automatically and without further act not to have been satisfied, (ii) this Agreement shall be deemed terminated, and (iii) neither party shall have any rights as against the other (except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement) (iv) Buyer's Objection; Seller's Cure. If Buyer timely delivers a notice specifying in reasonable detail its objection to any matter(s) contained in the Survey, the Title Report or any Amended Report, Seller may, but shall not be obligated to, attempt to cure the matter(s) objected to by Buyer. If Seller elects to attempt to cure Buyer's objections, Seller shall notify Buyer of such election within ten (10) days following Seller's receipt of Buyer's objection. If Seller fails to so notify Buyer within such ten (10) day period, Seller shall be deemed to have elected not to attempt to cure Buyer's objections. If Seller notifies Buyer and Escrow Agent of its unwillingness, or inability, to cure such objections or fails to elect to cure such objections, then Buyer shall, within five (5) business days following receipt of such notice, or within five(5) business days after Seller's deemed election not to cure, as applicable, elect to either (i) waive the matters previously objected to by delivering written notice to Seller and Escrow Agent and thereafter close the transaction contemplated hereby in accordance with the /'N terms hereof, taking title subject to all such matters waived by Buyer, or (ii) terminate this Agreement as provided in Paragraph 5(c) below If Seller attempts to cure the matters objected to by Buyer, but Seller is unable to cure such matters to Buyer's reasonable satisfaction prior to the date that is ten (10) days prior to the Closing, Buyer may then elect to either (i) waive the matters previously objected to by delivering written notice to Seller and Escrow Agent and thereafter close the transaction, taking title subject to all matters waived by Buyer, or (ii) terminate this Agreement and the escrow by written notice to Seller and Escrow Agent delivered by 5.00 p m, Phoemx time, on the date that is one (1) business day prior to the Closing, whereupon this Agreement shall terminate, and thereafter (unless otherwise provided in this Agreement) neither party shall have any further obligations or liabilities under this Agreement Notwithstanding the foregoing, Seller shall be obligated to convey title to the Property free and clear of all monetary liens and encumbrances, and Escrow Agent shall be authorized to utilize all or any portion of the sales proceeds payable to Seller to satisfy any such monetary liens or encumbrances Additionally, Seller shall, at or before the Closing, cause to be removed any other title matters objected to by Buyer which were caused or created by Seller (through its acts or omissions) following the Opening of Escrow All matters affecting title to the Property 4 disclosed on the Title Report and approved by Buyer, or disclosed on any Amended Report and approved by Buyer (as defined in Paragraph 29 below), shall collectively be referred to as the "Permitted Title Exceptions." (b) Feasibility. At any time until the Closing or until this Agreement otherwise terminates, Seller grants to Buyer, its designees and their respective engineers, consultants and agents, a non-exclusive license to go upon the Property for the purpose of making appropriate inspections and conducting, at Buyer's sole cost and expense, appropriate feasibility studies with respect to the Property Such inspections, soils and asbestos tests and feasibility studies shall be performed so as not to cause any disruption of Seller's work, if any, on the Property. If Buyer conducts any test or mspections of or on the Property, then upon termination of this Agreement, Buyer shall cause the Property to be returned to the condition that existed prior to Buyer's entry. (i) Condition of Property; Delivery and Redelivery of Reports and Studies. The Property, and any improvements located in or on the Property, will be conveyed by Seller to Buyer in their "as-is" condition, with no representations or warranties of any nature whatsoever (except as otherwise specifically set forth herein) To assist Buyer with its feasibility study, Seller shall provide to Buyer all engineering reports, studies, surveys, site plans, soils and drainage reports, and all environmental studies pertaining to the Property that Seller has in its possession or are existing and reasonably available to Seller as of Opening of Escrow If Buyer elects not to close this transaction and escrow for any reason whatsoever (including a default by Buyer but excluding a default by Seller'), then all inspections, reports, studies, tests, surveys and analyses either delivered by Seller to Buyer shall be returned by Buyer to Seller. (ii) Buyer's Objection If Buyer, in its sole and absolute discretion, fails to approve or disapprove the results of its feasibility studies by giving written notice of the satisfaction of this Contingency to Seller and Escrow Agent on or before the Feasibility Expiration Date, then (i) this Contingency shall be deemed automatically and without further act not to have been satisfied, (ii) Escrow Agent shall return to Buyer its First Deposit, (iii) this Agreement shall be deemed terminated; and(iv)neither party shall have any rights as against the other(except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement). If this Contingency is satisfied or deemed satisfied and Buyer elects to proceed with the Closing, Buyer shall be deemed to be satisfied with all matters relating the Property, the conditions of the Property and all matters relating to Buyer's use and ownership of the Property, except for those matters expressly addressed by Seller's representations and warranties set forth herein This provision shall survive the Close of Escrow and the recording of the Deed (c) Termination of Agreement. If either Buyer or Seller is granted the right to terminate this Agreement in accordance with any provisions of this Agreement, such party shall exercise such right by delivering written notice to the other party and to Escrow Agent indicating both its election to terminate and the specific provision pursuant to which it is making that election. 5 5 Possession and Indemnification/Duty to Defend Seller shall deliver possession of the Property to Buyer no later than 30 days after the Closing (the "Hold-Over Period") and subject to the Permitted Title Exceptions In addition, during such 30 day Hold-Over Penod, Seller shall be liable for any and all property damage to the structure, shall not file any claim or lawsuit against the Buyer or its officials for any injuries suffered on the Property during the Hold-Over Period In addition, Seller shall indemnify and hold harmless the Buyer and its officials for any such claim or lawsuit or any such claim or lawsuit filed by any third party There shall be no charge to Seller for rent dunng this Hold-Over Period However, thereafter, there shall be a $1,000 per month mitigation fee should Seller remain on the Property Buyer shall after the Hold-Over Period have the nght to remove Seller through legal process at the expense of Seller 6 Representations and Warranties of Buyer. Buyer acknowledges, represents, warrants and covenants to Seller that the following are true as of the Agreement Date and will be true as of the Closing, and m entering into this Agreement Seller is relying upon, the following (a) Due Organization, Etc. Buyer is duly organized, validly existing and in good standing under the laws of the State of Arizona and is qualified to do busmess in the State of Anzona. Buyer has taken all necessary action to authorize the transaction contemplated by this Agreement and Buyer's execution and delivery of all documents required herein, and its performance hereunder. Buyer's execution and delivery of this Agreement, and the consummation of the transaction contemplated hereby, will not result in any violation of, or default under, any term or provision of any agreement, instrument, mortgage, loan agreement or similar document to which Buyer is a party or by which Buyer is bound Buyer further represents that it is not a partner or joint venturer with Seller in connection with the transaction contemplated by this Agreement, and that it is entering mto this Agreement and any other contract, instrument and document contemplated hereby, voluntarily and solely for its own profit and benefit (b) No Litigation There is no litigation, investigation or proceedmg pending or, to the best of Buyer's knowledge, contemplated or threatened against Buyer which would O'1 impair or adversely affect Buyer's ability to perform its obligations under this Agreement or any other instrument or document related hereto 7 Representations and Warranties of Seller Seller acknowledges, represents, warrants and covenants to Buyer that the followmg are true as of the Agreement Date and will be true as of the Closing, and in entering mto this Agreement Buyer is relying upon, the following (a) Title; Authority; No Conflict Seller is the sole owner of fee simple title to the Property, and has the authonty and power to convey the Property to Buyer m accordance with the provisions of this Agreement If Seller is aware of any matter that may affect title to the Property that is not disclosed in the Title Report, Seller shall promptly notify Buyer and Escrow Agent of all such matters Seller is validly existing and in good standing under the laws of the state of its organization Seller has taken all necessary action to authorize the transaction contemplated by this Agreement and its execution and delivery of this Agreement and all documents required herein and its performance hereunder. The execution and delivery of this Agreement and any other document required herein, and the consummation of the transactions 6 contemplated hereby and thereby, will not result in any violation of, or default under, any term or provision of any agreement, instrument, mortgage, loan, or similar documents to which Seller is a party or by which Seller is bound Seller further represents that it is not a partner or joint venturer with Buyer m connection with the transactions contemplated by this Agreement, and that it is entering into this Agreement and any other contract, instrument and document contemplated hereby,voluntarily and solely for its own profit and benefit. (b) No Litigation. Seller has not received notice of any threatened or pendmg 4'N suits, legal actions or other proceedings by any governmental authority, or any other person or entity, or otherwise, for the taking of all or any part of the Property or which alleges any violation by Seller of any applicable laws, rules or regulations of any federal, state or local governmental authority pertainmg to the Property If Seller becomes aware of any of the foregoing (whether arising before or after the date hereof) after the date hereof, but prior to Closing, Seller shall give prompt written notice thereof to Buyer prior to Closing. (c) No Bankruptcy. There are no attachments, levies, executions, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings m bankruptcy or any other debtor relief actions contemplated by Seller or filed by Seller, or to Seller's knowledge, pending in any current judicial or administrative proceeding against Seller (d) Foreign Person Seller is not a Foreign Person as such term is defined under § 1445 of the Code (e) No Condemnation. To the best of Seller's knowledge, there are no existmg, pending or anticipated condemnation or similar proceedmgs against or involving the Property (f) No Agreements or Title Defects To Seller's knowledge, there are no unrecorded agreements, commitments or understandings pursuant to which Seller or its successors in interest (including Buyer) are required to dedicate any part of the Property or to grant any easement, right-of-way, road or license for ingress and egress or other use in respect to /'\ any part of the Property No person has any option,right of first refusal, lease, easement, license or other right whatsoever with respect to the Property other than as described in a document recorded in the official records of Pinal County, Arizona Throughout the term of this Agreement, Seller shall not cause or permit any mortgage, deed of trust, lien, encumbrance, covenant, condition, restriction, assessment, easement, right-of-way, obligation, encroachment or liability whatsoever, to be placed of record, affect the title insurance to be given Buyer pursuant to this Agreement or otherwise exist, from the date of this Agreement to the date of termination of this Agreement, excepting, however, such title exceptions as are specifically approved in writing by Buyer Throughout the term of this Agreement, and except as otherwise provided in this Agreement, Seller shall not, without the prior written consent of Buyer, grant to any third party any rights in or relating to the Property Notwithstanding the foregoing, nothing in this representation shall be deemed to mclude, cover or be applicable to any matter done or undertaken by Buyer or any of Buyer's representatives. 7 fr ' l% (g) No Undisclosed Assessments To the best of Seller's knowledge, there are no taxes, assessments (special, general or otherwise) or bonds of any nature affecting the Property, or any portion thereof, except as disclosed in the Title Report or any Amended Report and in Paragraph 3(f) above Seller has no understanding or agreement with any taxing authority respecting the imposition or deferment of any taxes or assessments respectmg the Property Seller has no knowledge of any planned public improvement that might result in a special assessment bemg levied agamst the Property If Seller becomes aware of any of the foregoing (whether arising before or after the date hereof) after the date hereof, but pnor to Closing, Seller shall give prompt notice thereof to Buyer prior to Closing (h) Environmental Conditions To Seller's actual knowledge (without duty of inquiry), the Property is not nor has it been under investigation for a violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil and ground water condition Neither Seller nor, to Seller's actual knowledge (without duty of inquiry), any third party, has used, generated, manufactured, stored or disposed in, at, on, under or about the Property or transported to or from the Property any Hazardous Material (as defined below) To Seller's actual knowledge(without duty of inquiry), (i)there has been no discharge, migration or release of any Hazardous Material from, into, on, under or about the Property, and (ii) there is not now, nor has there ever been on or in the Property underground storage tanks, any asbestos- containing matenals or any polychlonnated biphenyls, including those used in hydraulic oils, electric transformers, or other equipment Seller has not, and to Seller' actual knowledge (with no duty of inquiry) no other person or entity has, buried any refuse, construction materials, garbage, or any other matter of any kind or nature below the surface of the Property Seller hereby assigns to Buyer, without representation or warranty, to be effective only upon and as of the Closing, all claims, counterclaims, defenses, or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Materials in, at, on, under or about the Property (including Hazardous Materials released on the Property prior to the Closing and continuing in existence on the Property at the Closing) As used herein, "Hazardous Material" shall mean any flammables, explosives, radioactive materials, hazardous wastes, hazardous and toxic substances or related materials, asbestos or any material containing asbestos (including, without limitation,vinyl asbestos tile), or any other substance or material, defined or regulated as a "hazardous substance" by any federal, state or local environmental law, ordinance, rule or regulation including, without limitation, the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Federal Hazardous Materials Transportation Act, as amended, the Federal Resource Conservation and Recovery Act, as amended, the Toxic Substances Control Act, as amended, and the rules and regulations adopted and promulgated pursuant to each of the foregoing I (i) No Impediments. To Seller's actual knowledge(with no duty of inquiry) (i) the Property is not subject to any neighborhood conservation or preservation districts or any historical designations, and does not include any archeological site, burial site, artifact or other condition of archeological or historical significance, (u)no portion of the Property has been used as an Indian burial ground or contains any buried Indian artifacts, (iii) there exists no governmental policy or action precluding or inhibiting the (1) issuance of grading or building permits with respect to the Property, (2) approval of precise engineering plans or preliminary or 8 final plats with respect to the Property, (3) issuance of certificates of occupancy for residences properly constructed on the Property, or(4) issuance of water, sewer, or other utility connection permits affecting the development of the Property; and (iv) there are no adverse soil or geological conditions affecting the Property that could materially and adversely affect the Property or the construction of single family residences thereon without the need for unusual or new subsurface excavations, fill, footmgs, caissons or other installations (j) No Transfer or Agreements. For so long as this Agreement remains in effect, Seller shall not encumber or permit or suffer the further encumbrance of the Property or any part thereof or interest therein, or assign, convey, lease or transfer any part thereof or interest therem. Seller has not entered, and shall not (without the prior written consent of Buyer), enter any contract or obligation affecting the Property which will be binding upon Buyer after the Closing other than as disclosed in the Title Report (k) No Parties in Possession There are no parties in possession of the Property or any part thereof, and after the Closing there shall not be any leases, rental agreements, or other rights of use or occupancy, whether express or implied, oral or written, affecting the Property (1) Current Encumbrances Any current encumbrance against the Property, as evidenced by a note secured by a deed of trust, or otherwise, will be satisfied and removed as an encumbrance of record against the Property in connection with the close of escrow. For the purposes of this Agreement, the knowledge, actual knowledge or best knowledge of the Seller shall be deemed to be the knowledge, actual knowledge or best knowledge(as applicable). 8 No Alteration of the Condition of the Property During the term of this Agreement the Seller shall not cause the condition or character of the Property to be altered from that which exists as of the date hereof, and, subject to normal wear and tear, Seller shall maintain the Property in its current physical condition. 9 Attorney Fees. If either Party hereto breaches any provisions of this Agreement,theeiN breaching Party shall pay to the non-breaching Party all reasonable attorney fees and other costs and expenses incurred by the non-breaching Party in enforcing this Agreement or preparing for legal or other proceedings regardless of whether suit is mstituted. 10. Notices All notices or other communications required or provided to be sent by either Party or Escrow Agent shall be in writing and shall be sent by Umted States Postal Service, postage prepaid, return receipt requested; courier, any nationally recognized overnight delivery service, or in person Any such notice sent by registered or certified mail, return receipt requested shall be deemed to have been duly given and received seventy-two (72)hours after the same is so addressed and mailed with postage prepaid Notices delivered by overnight service shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges prepaid, to U S Postal Service or private courier Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof All notices shall be addressed to the party at the address below 9 If to Seller Donna R. O'Malley and Cans James O'Malley 1633E 2nd Ave Apache Junction,AZ 85119 If to Buyer Assistant City Manager Bryant Powell ,/" 300 E Superstition Blvd Apache Junction, AZ 85119 With a copy to. City Attorney R. Joel Stern 300 E Superstition Blvd Apache Junction, AZ 85119 Any address or name specified above may be changed by notice given to the addressee by the other Party in accordance with this Paragraph 12 The inability to deliver because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Any notice to be given by any party hereto may be given by the counsel for such party. Any notice to be given to Escrow Agent shall be sent to the address set forth in Paragraph 3(a) above 11 Seller's Remedies Subject to those nghts of insurance and indemnity that are expressly described as surviving the termination of this Agreement, if Buyer shall breach any of the terms or provisions of this Agreement or otherwise defaults at or pnor to the Closmg, Seller may, as its sole and exclusive remedy, either waive such default and consummate the transaction contemplated hereby m accordance with the terms hereof, or terminate this Agreement Buyer and Seller acknowledge that it would be extremely difficult and impractical, if not impossible, to ascertain with any degree of certainty the amount of damages which would be suffered by Seller if Buyer fails to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives all other nghts or remedies which may be available to it at law or in equity 12 Buyer's Remedies In the event of a default or breach by Seller hereunder, Buyer shall have the nght to reimbursement from Seller for Buyer's actual out-of-pocket expenses incurred in connection with the transaction contemplated by this Agreement and the proposed development of the Property, together with all other nghts and remedies available to it at law and in equity, Including the right to seek specific performance of Seller's obligations hereunder; but in no event shall Buyer have the right to seek or recover special, exemplary or consequential damages from Seller 13. Survival of Covenants, Agreements, Representations and Warranties All covenants, agreements, representations and warranties set forth in this Agreement shall survive the Closing and shall not merge into any deed or other instrument executed or delivered m connection with the transaction contemplated hereby. 10 14 Modification of Agreement No modification of this Agreement shall be deemed effective unless m wntmg and signed by the Parties hereto, and any waiver granted shall not be deemed effective except for the instance and in the circumstances particularly specified therein and unless in writing and executed by the Party against whom enforcement of the waiver is sought. 15. Further Instruments Each Party, promptly upon the request of the other or upon the request of Escrow Agent, shall execute and have acknowledged and delivered to the other or to Escrow Agent, as may be appropriate, any and all further instruments reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement and which are consistent with the provisions hereof 16 Entire Contract. This Agreement constitutes the entire contract between the parties with regard to the purchase, sale and development of the Property All terms and conditions contamed in any other wntings previously executed by the parties and all other discussions, understandings or agreements regarding the Property and the subject matter hereof shall be deemed to be superseded hereby 17 Inurement This Agreement shall be binding upon and inure to the benefit of the successors and assigns, if any, of the respective Parties hereto 18 Commissions. Each Party warrants and represents to the other that no real estate sales or brokerage commissions, or finder's fees, are or may be due in connection with this transaction as a result of the act of the Party so warranting 19 Time Periods. If the time for performance of any obligation hereunder expires on a Saturday, Sunday or legal holiday, the time for performance shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 20. Severability The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requinng Buyer to do any act in violation of any applicable laws, mcludmg any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remam in full force and effect,provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible m such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same nghts and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 21. Conflict of Interest. This Agreement is subject to, and may be terminated by Buyer in accordance with, the provisions of A R S § 38-511 22 Assignment Neither Party may assign their nghts under this Agreement 11 PP 23 Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement 24 Recordation. This Agreement shall not be recorded 25 IRS Real Estate Sales Reporting. Buyer and Seller hereby appoint Escrow Agent as, and Escrow Agent agrees to act as, "the person responsible for closing"the transaction which is the subject of this Agreement pursuant to § 6045(e) of the Internal Revenue Code of 1986, as amended (the "Code") Escrow Agent shall prepare and file IRS Form 1099-S and shall otherwise comply with the provisions of§ 6045(e)of the Code only to the extent such provisions apply to sellers of real property Escrow Agent shall indemnify, protect, hold harmless and defend Seller, Buyer and their respective attorneys for, from and against any and all claims, actions, costs, loss, liability or expense arising out of or in connection with the failure of Escrow Agent to comply with the provisions of this Paragraph 25 26 Applicable Law. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either Party for the purpose of enforcing a nght or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction m Pmal County, State of Arizona The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or for removal to federal court In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party m such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 27 Section 1031 Exchange. The parties agree that either party may utilize the Property in connection with a so-called Section 1031 tax free exchange and both parties agree to cooperate with each other in connection therewith, including but not limited to the execution of documents required m connection with converting this transaction into an exchange transaction, all at no cost or liability to the cooperating party and without any delay in the Closing Date IN WITNESS WHEREOF,the Parties hereto have entered into this Agreement as of the day and year first above wntten Buyer Seller Bryant Powell Donna R O'Malley Assistant City Manager Cans James O'Malley 12 i. ,... Approved as to form R. Joel Stem ... 13 /rl ,/1 ESCROW AGENT ACCEPTANCE: The undersigned Escrow Agent accepts this Agreement as its escrow instructions and agrees to perform the acts applicable to Escrow Agent in accordance with the terms of this Agreement Specifically, Escrow Agent understands, acknowledges and agrees to the provisions of Paragraph 25 labeled "IRS Real Estate Sales Reporting" above. Escrow Agent acknowledges its receipt of both the First Deposit and a fully executed onginal of this Agreement as of the date set forth underneath its signature below, and such date shall be deemed the date of the "Opemng of Escrow". CHICAGO TITLE AGENCY By Tnsha Getz Its• Manager Date- (the "Opening of Escrow") 14 /`1 LIST OF EXHIBITS A - Legal Description of the Property B - Standard Escrow Instructions C - Form of Special Warranty Deed ,,/, EXHIBIT"A" LEGAL DESCRIPTION OF THE PROPERTY W 1/2 NW SW NW SW OF SEC 22-1N-8E EXC• W-50' DEEDED TO THE CITY OF AJ (.39 AC FOR R/W) .87 AC Exhibit A/Page 1 /1 EXHIBIT`B" STANDARD ESCROW INSTRUCTIONS SELLER AND BUYER WILL. 1 Deposit with Escrow Agent all documents necessary to complete the sale as established by the terms of these instructions and authonze Escrow Agent to deliver or record said documents as required herein. 2 Direct that all money payable be paid to Escrow Agent unless otherwise specified 3 Authorize Escrow Agent to act upon any statement furnished by a lien holder or his agent, without liability or responsibility for the accuracy of such statement 4 Authonze Escrow Agent to pay from available funds held by it for said purpose amounts necessary to procure documents and to pay charges and obligations necessary to consummate this transaction 5. Direct that the disbursement of any funds shall be made by check of Escrow Agent. 6 Direct that when these instructions and all title requirements have been complied with Escrow Agent shall deliver by recording in the appropnate public office all necessary documents, disburse all funds and issue the title insurance policy 7 Indemnify and save harmless Escrow Agent against all costs, damages, attorney's fees, expenses and liabilities, which it may incur or sustam in connection with these instructions any interpleader action, or any servicing account ansing herefrom (except for any wrongful acts or negligence on the part of Escrow Agent) and will pay the same on demand SELLER AND BUYER AGREE. 8 Escrow Agent has the nght to resign upon written ten day notice, if such nght is exercised, all funds and documents shall be returned to the party who deposited them 9 Escrow Agent shall not accept payments under a cancellation notice, unless m cash,certified or cashier's check or money order. 10. Should Escrow Agent be closed on any day of compliance with these mstructions, the requirement may be met on the next succeeding day Escrow Agent is open for business 11. Time is of the essence of any agreement to pay or perform hereunder which agreement shall remain unpaid or unperformed as of Closing No payment of Buyer of such amounts shall be received or receipted for by Escrow Agent unless Exhibit B/Page 1 all amounts due as of the date of compliance are paid unless and until written authonty therefor has been delivered to Escrow Agent by the payee of said amount 12 Escrow Agent may at anytime, at its discretion, commence a civil action to mterplead any conflictmg demands to a Court of competent jurisdiction. eiN 13. It is fully understood that Chicago Title Agency serves as an escrow agent only in connection with these instructions and cannot give legal advice to any party hereto. 14. The title msurance provided for unless otherwise specified, shall be evidenced by the standard form of title insurance policies on file with the Insurance Director of the State of Arizona subject to exceptions shown in the commitment for title insurance and title insurance policy issued Exhibit B/Page 2 PIN EXHIBIT"C" After Recording Return To City of Apache Junction City Attorney 300 E. Superstition Blvd. Apache Junction,AZ 85119 01 SPECIAL WARRANTY DEED For and in consideration of Ten Dollars, and other valuable consideration, DONNA R. O'MALLEY AND CARIS JAMES O'MALLEY ("Grantors"), hereby conveys to the CITY OF APACHE JUNCTION, an Arizona municipal corporation, whose address is 300 East Superstition Blvd, Apache Junction,AZ, 85119 ("Grantee"),the following real property situated in Apache Junction, Final County, Arizona, together with all nghts and privileges appurtenant thereto W 'h NW SW NW SW OF SEC 22-1N-8E EXC W-50' DEEDED TO THE CITY OF AI (39 AC FOR R/W) .87 AC and subject to current taxes and other assessments, reservations in patents and all easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and all matters which an accurate survey or physical inspection of the real property would disclose. Grantor hereby binds itself and its successors to warrant and defend the title, as against all acts of the Grantor herein and no other No other warranties, express or implied, are given by Grantor by reason of this conveyance DATED this day of ,2015 [Signatures on Following Page] Exhibit C /Page 1 elk GRANTORS Donna R. O'Malley ORS Canis James O'Malley STATE OF ARIZONA ) ) ss County of Pmal ) This instrument was acknowledged before me this of . 2015, by ,the of the Notary Public NOTARY SEAL Exhibit C/Page 2 Ill JIM Ih. ^., 1``-1*,� City of Apache Junction, Arizona 300 E Superstition h� ` Apache Junction Boulevard 85119 n r. x`-I ` : 5 Agenda Item Cover Sheet p Agenda Item No 5 ,rti'7 .1 File ID 14-697 Sponsor Thomas Kelly Agenda Date•3/17/2015 Index. Public Safety In Control City Council Meeting Consideration of Resolution No 15-07, allowing the City of Apache Junction Police Department to submit grant applications to the Governor's Office of Highway Safety Attachments City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 RESOLUTION NO 15-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA' S 2016 HIGHWAY SAFETY PLAN. rook WHEREAS, the Governor' s Office of Highway Safety is seeking proposals from state and local agencies for projects relating to all aspects of highway safety, and WHEREAS, the City of Apache Junction, through the Apache Junction Police Department, is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows SECTION 1 : Staff is authorized to submit projects for consideration in Arizona' s 2016 Highway Safety Plan SECTION 2 The Mayor or the Chief of Police, or their designee, is appointed agent for the City of Apache Junction, to conduct all negotiations and to execute and submit all documents and any other necessary or desirable instruments in connection with such grant raft. RESOLUTION NO 15-07 PAGE 1 OF 2 p ..� PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2015 . SIGNED AND ATTESTED TO THIS DAY OF 2015 All Ilk JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney Oak RESOLUTION NO 15-07 PAGE 2 OF 2 an.. ROLL CALL VOTE T NOTES .... d14 ITEM # 7 MEETING OF n t-L itt) MOTION BY 1\ii ti SECONDED BY Jl iU YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS jj COUNCILMEMBER WILSON COUNCILMEMBER WALDRON i VICE MAYOR BARKER MAYOR INSALACO V Amok UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL Alinkk Aim I.. /00 p CONSENT AGENDA ITEM NOS. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT WITH THE PRESIDING MAGISTRATE FOR A TERM BEGINNING JULY 1, 2015 THROUGH JUNE 30, 2017, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN DONNA R. O'MALLEY AND CARTS JAMES O'MALLEY AND THE CITY OF APACHE JUNCTION FOR THE PURCHASE AND SALE OF THE PROPERTY LOCATED AT 1633 EAST 2ND AVENUE IN THE AMOUNT OF $40,000 PLUS ALL CLOSING COSTS, AND THAT AUTHORIZATION BE GIVEN FOR THE ASSISTANT CITY MANAGER TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY, AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 15-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2016 HIGHWAY SAFETY PLAN j City of Apache Junction, Arizona 300 E Superstition (1Boulevard Apache Junction AZ 85119 = Agenda Item Cover Sheet % Agenda Item No.6. ww File ID: 14-610 Sponsor Bryant Powell Agenda Date: 3/17/2015 Index In Control: City Council Meeting City manager's report Attachments City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 a4e City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. 4 zo File ID: 15-17 Sponsor. Bryant Powell Agenda Date. 3/17/2015 Index In Control. City Council Meeting Update, presentation and discussion on recent downtown projects and activities Attachments. City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 PUBLIC HEARING ^ 1. For PROPOSED RESOLUTION NO. 15-08, APPROVING OR DENYING A CONDITIONAL USE PERMIT, CASE NO. 3-14,TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF LOST DUTCHMAN AND NORTH APACHE TRAIL 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 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. AA-LI.77*}1.! City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 <,g Agenda Item No 8 File ID: 15-18 Sponsor. Rudy Esquivias Agenda Date.3/17/2015 Index Budgetary Approval not Required In Control. City Council Meeting Consideration of approval of Resolution No. 15-08, approving or denying a conditional use permit to allow Mehmood Mohiuddin to conduct various outdoor entertainment activities on his properties, located at the southeast corner area of E Lost Dutchman Boulevard and N Apache Trail, adjacent to or near the Hitching Post Restaurant, including concerts, gun fight shows, various outdoor games, kids games and other similar activities, as well as parking accommodation for the events and activities Attachments ,.r City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 A[ Y'f'r`'7 LC,..sue. _ l^ l*A tz. i ildril City of Apache Junction Development Services Department `° Date- March 4, 2015 To• Honorable Mayor and City Council Members Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From. Rudy Esquivias, Senior Planner/Zoning Admin. Subje t: March 17, 2015, City Council Public Hearing Item: CUP-3-14 (Res. No. 15-08) - An appeal of a CUP granted to Mehmood Mohiuddin Background On January 27, 2015, the Planning and Zoning Commission approved case CUP-3-14, with conditions (see P&Z Resolution No. CUP-3-14 attached) This was a request by property owner Mehmood Mohiuddin, for approval of a conditional use permit (CUP) to operate an outdoor entertainment venue and other outdoor activities on his B-1 (General Commercial District) -zoned properties located at the southeast corner area of E. Lost Dutchman Boulevard and N. Apache Trail, adjacent to the Hitching Post Restaurant. The city's Zoning Ordinance provides a 20-day appeal period, by any aggrieved individual, for a CUP approved by the P&Z Commission; which then forwards the case to the City Council for final decision On February 11, 2015, such an appeal was filed with the City, with a letter stating the reasons for the appeal and the appropriate fees. .-. The appeal was filed by neighboring property owners James Johnson, Stephen Fugate, Mark Theismann and Nicholas Funk, citing concerns about noise, traffic congestion, decrease in property values and other issues (see appeal letter and exhibits attached) . Planning staff then informed Mr. Mohiuddin of the appeal and that the case would be scheduled for City Council public hearing on March 17. He was also informed that the Council could choose to uphold, modify or overturn the Commission's decision of approval. On February 17, 2015, Planning staff received a letter from Mr. Mohiuddin, basically stating that in order to keep good relations with his neighbors, he had decided not to continue with the CUP. Planning Staff Recommendation Procedurally, a formal decision was made by the Commission, a proper appeal was filed within the required time frame and the appellants are entitled to due process. Thus, despite Mr. Mohiuddin's offer "not to continue" with the CUP, the appeal must be forwarded to the City Council for another public hearing and final decision via approval of a new resolution (see proposed Resolution No. 15-08, with options) . Planning staff has prepared draft Resolution No 15-08 (attached) for the Council's review and consideration. It contains three possible options: 1) Council may choose to support the Commission's recom- mendation and allow the CUP as approved by the Commission, or with changes to certain conditions as Council feels appropriate; 2) Council may choose to go with a soft denial and accept Mr. Mohiuddin's letter as a type of withdrawal and rescind the Commission resolution, or 3) Council may definitively deny the CUP (with reasons) and rescind the Commission resolution. Of course, staff will revise and finalize the resolution for the Mayor' s signature after the Council decision. Lastly, Staff would point out that Mr. Mohiuddin may still choose to partner with non-profit groups in the future and apply for concert events through the city's special events process. Events which propose a temporary extension of premises for liquor sales would go to Council for their recommendation to the State Liquor Board. Otherwise, special events are subject to an internal review only (see Kathy' s e-mail in the P&Z staff report dated 1-14-15) . Denying the CUP does not necessarily mean there will never again be a concert event on the property. But, some of those will be separate Council decisions. The property may also still be developed in the future with other uses allowed in the B-1 zone. Attachments: - Planning and Zoning Commission Resolution No CUP-3-14, - Appeal letter from neighbors with two exhibits, dated 2-11-15; - Mr. Mohiuddin's letter dated 2-17-15; - Draft Council Resolution No 15-08 with options: .o - CUP-3-14 staff report to P&Z with all attachments. PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-3-14 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A CONDITIONAL USE PERMIT, CASE NO. CUP-3-14, TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES, LOCATED AT THE SOUTHEAST CORNER AREA OF E. LOST .•. DUTCHMAN BOULEVARD AND N. APACHE TRAIL, ADJACENT TO OR NEAR THE HITCHING POST RESTAURANT, INCLUDING CONCERTS, GUN FIGHT SHOWS, VARIOUS OUTDOOR GAMES, KIDS GAMES AND OTHER SIMILAR ACTIVITIES, AS WELL AS PARKING ACCOMMODATION FOR THE EVENTS AND ACTIVITIES. WHEREAS, on or about December 8, 2014, a Conditional Use Permit ("CUP") application was submitted to the City of Apache Junction by Mehmood Mohiuddin (property owner) , requesting approval to operate an outdoor entertainment venue and other outdoor activities on his properties located at the southeast corner area of E. Lost Dutchman Boulevard and N. Apache Trail, which are legally described as: Pinal County Assessor parcels 100-25-001C, 001E, 003, 010A and 043A, all located in the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (complete metes and bounds legal descriptions of the subject properties are available at the City of Apache Junction Development Services Department) ; and WHEREAS, on January 13, 2015, the City of Apache Junction Planning and Zoning Commission held a Work Session meeting to discuss `'` case CUP-3-14 with Planning Staff; and WHEREAS, on January 27, 2015, the City of Apache Junction Planning and Zoning Commission held a Public Hearing on case CUP-3- 14, wherein the Commissioners heard the staff evaluation and recommendations pertaining to the case, the Applicant's presentation, and where public input was heard and concerns were expressed over issues such as noise, traffic congestion, disturbance of the peace and quiet of the neighborhood, and the fear that the outdoor entertainment venue was going to devalue nearby residential properties; and where many public comments were also expressed in favor of the outdoor entertainment venue; and PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-3-14 PAGE 1 OF 5 WHEREAS, on January 27, 2015, after hearing the comments of the neighbors and other interested parties and discussing the issues presented; and after. 1) receiving satisfactory responses to the questions raised at the public hearing; 2) hearing and considering all of the facts presented, including reviewing the land use criteria relevant to the granting of a CUP; and 3) hearing testimony and concerns from the public, applicants and staff, the Planning and Zoning Commission voted 5-0 in favor of case CUP-3-14, with conditions. NOW THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that a CUP is hereby approved, allowing Mehmood Mohiuddin to conduct various outdoor entertainment activities on properties adjacent to or near the Hitching Post Restaurant, all owned by Mr. Mohiuddin, including concerts, gun fight shows, outdoor games, kids games and other similar activities, as well as parking accommodation for the events as described in the plans, narrative and other materials submitted with case CUP-3-14, pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, subject to the following conditions: 1) The former approved Conditional Use Permit (P&Z Resolution No. CUP-2-06) for a cell tower on parcel 100- 25-OO1C is hereby rescinded. 2) Proper building permits shall be obtained and inspections and approvals received for any electrical, plumbing, remodeling, stages or scenery, signage or other property .►, improvements which require permits, in accordance with the concept plans and narrative received for CUP-3-14. 3) The operators of the outdoor entertainment venue may use the freestanding sign (with the reader board) in front of the Hitching Post to advertise special events on the larger property; or a new free-standing monument sign may be placed on the event properties along the E. Lost Dutchman Boulevard or N. Apache Trail street frontages, in accordance with the city's "Sign Code" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-11 Sign Regulations) . PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-3-14 PAGE 2 OF 5 4) All signage on the subject properties, including the Hitching Post/Dash In property, shall at all times be in compliance with the city' s "Sign Code" (as referenced above) , including free-standing signs, permanent attached signs, window signs and banners. 5) Landscaping and screening in accordance with the city's "Landscape Code" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-8 Landscape Regulations) shall be provided within the property boundaries, along the E. Lost Dutchman Boulevard frontage and the N. Cortez Road frontage on the north and east perimeters of parcel 100- 25-001C. Also in accordance with the city's "Landscape Code" and regulations for "Fences and Walls" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-6 Supplemental Regulations, Section 1-3 Fences and Walls) , a 6-foot-high chain link fence with wooden slats shall be provided behind the landscape strips on the north and east sides of parcel 100-25-OO1C, except in front of the existing single-family home which faces Cortez; however, a 6-foot- high chain link fence with wooden slats shall also be provided along the northerly and westerly sides of the single family home lot area. 6) Within 30 days of this CUP approval, the applicant shall provide to the city's Planning Division for staff' s review and approval, a complete site plan showing where all of the proposed activities will be located on the property, including the concert stage, volleyball court (or similar activity area) , kid's games, porta john locations, etc. 7) All parking lots shall be treated for dust proofing in accordance with the options contained in the city' s Engineering Guidelines for dust control mitigation, pursuant to Apache Junction City Code, Volume I, Chapter 9 Health and Sanitation, Section 9-1-3 (B) Vehicles, Subsection 9-1-3 (B) (6) , or other solutions accepted by the Development Services Engineer. PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-3-14 PAGE 3 OF 5 8) Pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1- 16 Administration, Section 1-16-12 Conditional Use Permits, Subsection 1-16-12 (D) (5) Expiration, the applicants shall improve and begin operating the outdoor entertainment venue in accordance with the submitted drawings, narrative and prescribed conditions of approval, within 12 months of the granting of CUP-3-14 or else the CUP shall become void. 9) The owners of the properties shall ensure and take reasonable precautions that any outside music is at a level which does not disturb neighboring properties and that outside music is not offered past 9 :00pm, local time. 10) No more than six (6) outdoor concert events per year shall be held. 11) This CUP for an outdoor entertainment venue shall not be transferable upon sale of any part of the property. 12) Within 12 months of this CUP approval, Planning Staff shall bring this item back for Commission review and consideration of further Commission requirements. 13) For all outdoor concert (or similar) events, the venue operators shall hire off-duty police officers to help with traffic control and safety. Should any of the uses under this CUP become a demonstrated traffic safety hazard, a traffic study and/or additional traffic safety improvements may be required of the venue operators if warranted. 14) All requirements and obligations pertaining to the separate development agreement for the Hitching Post, Dash In and bull-riding venue remain in full force and effect. 15) This CUP shall be renewed in five years. 16) Pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1- 16 Administration, Section 1-16-12 Conditional Use PLANNING AND ZONING COMMISSION RESOLUTION NO CUP-3-14 PAGE 4 OF 5 Permits, Subsection 1-16-12 (D) (6) Revocation, the Planning and Zoning Commission shall reserve the right to reconsider the Conditional Use Permit approval for the outdoor entertainment venue, at a new public hearing, for non-compliance with any condition prescribed as part of said CUP-3-14 permit approval, including sign violations or safety problems. 17) There shall be no direct access to Cortez Road for traffic. PASSED AND ADOPTED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION, ARIZONA, ON THIS 27TH DAY OF JANUARY, 2015. SIGNED AND ATTESTED TO THIS \LTM DAY OF 2015 THERESA NESSE- o an Planning and Zo • Commi .ion ATTEST: LA RRY I en H Develo t Services Director APPROVED AS TO FORM: 2• 10 - iS RICHARD J. STERN City Attorney PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-3-14 PAGE 5 OF 5 RECEIVED CITY CLEF',:! DEPT. February 10t, 2015 2015 FEB I I AM 7: 145 ;1TY OF APACHE JUNCTION TO: Apache Junction City Council FROM: Residents living on North Cortez Rd. SUBJECT: Appeal to Planning and Zoning Final Conditions of CUP-3-14 Dear Mayor and Council Members, As one of the residents residing on N. Cortez Rd.to the immediate East of the Hitching Post property, I am submitting this appeal on behalf of myself and the other residents living at the following addresses: 2225 N.Cortez Rd.,2273 N. Cortez Rd.,2319 N.Cortez Rd, and 2374 N Cortez Rd To start,we would not like this Conditional Use Permit to be approved at all. We turned a blind eye to the bull riding facility,when it was constructed, hoping that would be the only changes by the Hitching Post. We understand that any business seeks to increase revenue and profit,and we do believe in living the American Dream as Mr.Mohiuddm stated at the Planning and Zoning Meeting,but we also have our right to live the American dream as well. We feel that this Permit infringes on our rights. We purchased these properties when it was a quiet location, and the Hitching Post was a gas station,convenience store and marine repair facility Since purchased by Mr Mohiuddin, it has been expanded into a rather lucrative business, and changed this geographic location drastically. We would first like to ask the Council to deny the Permit relative to the above statement. If the Councils decides to approve the permit,we appeal for changes to the proposal. Below,you will find the nature of our Appeal,relative to the Code References of the Approval 5) Our primary concerns are noise and esthetics. A 6 foot high chain link fence with wood slats,is by no means an acceptable way of stopping the noise that is going to be generated by outdoor concerts. With over 35 years of experience in radio/sound wave propagation,I feel that this fencing wilt supply no buffering what so ever as proposed. The proposed placement of the stage(see attchments)for concerts is positioned in such a way that the sound will be emitted directly towards our properties, and also be reflected off the approximately 2 story concrete/block structure,which is the Hitching Post facility, reflecting it directly at our property. No 6 foot structure,of any material,will buffer the noise. Our properties are on a higher elevation than the Hitching Post property, allowing any noise to simply pass right over it. A chain link with wood slats, no matter how high,will absorb the noise as Mr.Mohiuddin stated at the Planning and Zoning Meeting. Sound absorption is almost impossible to be done in an outside environment,and the focus should be on noise deflection. I feel that instead of the proposed 6 foot high chain link fence,with wooden slats,that a concrete/block wall approximately 20 feet tall be required along the Eastern boundaries of the Hitching Post properties,to deflect the noise away from any residential areas. The wall could be decorated for esthetic purposes. 5) Mr. Mohiuddin stated at the Planning and Zoning meeting that he would like to strike the horseback trail riding and cage fighting from this proposal, but there is no mention of that in the Final Conditions of Approval document. We would like this to be added 9) All relative to what was mentioned in 5)above In closing, I would like to mention that we residents have all lived on N.Cortez Rd.a minimum of 14 years. We purchased these properties and homes to get out of the traffic and noise of the city and live a peaceful life in the country. Our homes are either fully paid for,or almost paid for. Three of the property residences are lived in by retired people,hoping to never have to move again,and living out the rest of their lives in peace, and the fourth is owned by a family of a well-established business in Apache Junction,that consider their property as their retirement home. Our properties have taken a financial value hit recently,as many have,and I feel that this Approval as a whole,or amended,will drive the value of our properties to almost nothing,with very little chance of us being able to sell,and move to a better location to escape what is going on ee-- Sincerely :;9kc6e;,.J N it =_ /441.1744.-.7 C? u ' Theismann Jo Funk Fugate 2374 N.Cortez Rd. 2319 N.Cortez Rd 2273 N.Cortez Rd. 2225 N.Cortez Rd. rya,;, #• •s _ A o e: r/ ' '.. 'a, • • 1.Si • ' .. „ 40•",. .i.•.-7•7,••-•- ' -C► 1 g*- . -- 1 2 �```�` t r •�• 17 n=d"tea. r , _ (/� +� le- ' p w • • ♦v d ' ' •-'...r ''...,,'....;...''''I-1'f i . ' .41.-f • ' S T .r , .?`+ -7?.,^•"c^ .. +- r t j ,!�.`.�• • - t -ti '. • � ...I. .ter 1.k ~. r 'T. t ') �I lt s '� f, h ' �,p•. v Go } le earth feet 900 meters '200 ,I. • IP. I x , „,,,,,,,„,„ 11 ,0 .r`,54( • ',i,, • '''..ar'. loot'kw I i v • • 1 • N Ad\.;' . .-11'• Pry ' ' • .......14.1 • ' ... ••• t 'h. Vol;111P4M, ., 7. . %,.2...:112."4,181 ". vo.',I''.. ,,•,';',.,.•;";ip 0' -, I- 4.6e-•••.,, ?4 ,., ,,- i .1.1— .• -... -,r•••.... 2'.4.'4,''.71177" ..t-1 ,..i`..:17iTer:s1.:1•114,i”-nr"?. L.;1-11.:-,!..4 el.'4- •,5 "; 'p'l • •.,- ,, •,''11, 0 • .1,1*. . • i -r, .', 4 T•r 4',41trl'Ir•W. ',TT•-•. ' '% .:..,'.T.,, ,, ,;,•'• ". 7_-.••g....*..k*.','?,...:7N: .1,•••.7,-;.,••‹.-;,;..;.'!. •:1: .•-•-- •••71.1- -r,•••••••4•,.,• , •••• ..ft„p„,. ......r....T....0. ,„.41-ti•`-,kk'," ?'L-'..." - "54-1-il.''' ' - ' :.-. :.,-• -"'-'. -`,-:.•,.. .;.,.....•-:%..7,4.-e 4.'•^''...';'',4•)IA '4.'4'1' '' .". . '--k .7:1"I'''."'"•.t.'''t'..'.47.• • '''''124' 41 , I, ‘,' .40.4 "1$ , rt',•;,.,,.4 1.,,t'I,.Fr(: ..,.....-.---' -..,or..;.r.'......;•-:.- .1••••••,... ,,_ - , -.. ', rz / ;•, .,, . ..,077.A.i,,,,t;4„,•,:1,,,.,.„4,4q4.1„,„4,Q.,,,„;„ate,..4„,„•-i „-,N. -44-....?1,;•._. •,,,.,.,•,,,,%,•,,,,.. - ,.....,c; Fp)ii t C i , • :-,...7.,,,,t,„•,..,.... ,.." %s,,,ii ocr, ::,..-, •, ,,, ...,1 .,., r,.. f.14... 4, . . ,14'..!•„„:',4.:•,`011,4•+•.44,,..al,...7.,„•;q1.144,+!."*... * -"'7"t• - 40* ,.. '1,0•0•WIGV ,•04':"$.-7-"'.e'''• 74"."4,77, • s'-.4-""".777"."'"*7H.,---1." ... . '$.i,I:Y)1-'7-,444.1 t'::I.•-.7'7* _, ,,, : , : C" tailt7 ,,,,..,TIVIBt;..t,, '"r .p - •x•--7,--:C.4-- - .-,-,_•;-,. -,........i .4. .- '-=Az.—---.':--- --, .,• ' •*,.:4-:.:,,` -;.,, yi...;-•;:.---4.,r--,.1, -7•4;e1g!,i....y‘*....e,,,et '' ----2,--- ,-- -,-;6., ' "r'. •I . ,,,,.,, .•,,..1„.;;,;(f(ii,,:. --',--„.i.....1 ,-...•:.-,t. . 47 • ,;r---..,4-j- ..t...;:1- -L. ''). ' i'. 1 '' - ' ,. , okitt,t,„.. (..,;../ 7.„74,...0, :,,, , . ?'', ...%* -:.;4 i .,... ., • trc, ,;.7 ,, ..,;.., 9ut,p-..,,,-,./. 3,--."-., •,s--4-. ,,.'" ..-,T$r 74:0*N..."',.ni .0t ,$'0.'14'" - ‘41,1,..,1014 Alr 4 • • • Ili a i •,,. ...1.., ..tr, . , ,,,,,,:?,. c, ,,, , -,,.111$74.`141,:•'' - )'1.),,,ffji :' ,i, 4F ."''''•I 01 flikt,.;•',.''',,,,i,7'., X. ./.!',;:4;-r-..,441INTP.;i‘'.'.C...ht 1, T'i'„..4 11.4,,.to v a'• • ;‘2.4 fl -, :-;e- 4e;‘, ,..1%;„:4 -is....%-•,-1 wp.-14y,11.4 s',-%,;,..-' 7;.‘`,.4.*-itt.,,,,,.•„1-t.„iZiet..4. ...',,,,';‘,i,1174•/' .,(•1, 4, .7;;•',•:;‘, ,•':, if.,.•.7,',. di :. --;.ri ..,.,' 6,,,,„r ,,,.._--;-- ,`,,1:, L II, '-,t, ett i). •14••,-/k•mt •,..„ Zr •,,•.. 0 )...,,,,...,N.,_-,..v„+,..1,:- .',..s.••:‘•(•,1 e. • , • .,14 e„ARsrnnykinu -•i•-: 4i s- . • 47 • gill.. . ...g.4,i,lb.,. ..,,ii,„ ‘14,,I.,,,,i4k 1. 4 -,I.I.,...zr,..14,41-a, ..‘„0, '77 is-i r-.0::z.;:,... b.; •,....... r.,4,,...11,IA i‘:,:,;.•,,r, . , q - , • , . •• , ,r i. /.-,..,:pi 1'XI: „Iri ,, t,t'%,1 Iti'," - •uF..:1---,!1+ArpirATif,.',,.' -,s• ...tii-- ..,•,,,. il-,--.•.•/ N'";%ip I. , • . 'y , kkl ,...."f..-V. . if•-,.)8!).%,rcl iriittfOr'v Y:'-',,..„',1-...,-).r./41,-. v..,-..,1 ,. ‘,..,.... , ,,,t, . ..,,, I $-., to?r. .,,ft,-, ,c, ;ie.,1 • •,o, : 441,4,.., -6,- . , i'.'ti:. '''. ,,...,t.4.;, .,-1 -I. ':"4:4' 1 . '11:11:'3L'—'11':2-illfil'I'L' a—--At;i1::--611111 '1!i 4 1 '' or -'" . ...-.....1 1r t I .- ( , •yl ...i l'h, .4. s,)4, ' ' -' ....‘ - ..",,,,i.:$1.,'•',..• , .1,r , .4:47.r„...; v..... ' .A;• . ikier 11‘.4. 4, _b . , -,...:..).:. - .) ., _4 4 .,:-. lk!;',.:,) ,1•, e,,,-,,„ • ., ._.. i • t ,. ,f . • g ti I 4.1(.1 v . ,,,... .„ ,f,1„ .4 itios: y , •,,,,,4?..„.1•,,,it.,;:lar.,1 ''' •le ., . .4/4).. ,...,44, 1,,... , .s.„,",,, :. .-,T, ‘ ;4)3= ,2, ,, .0,1: ,„A ,,,j)s .r.1 k ifie. . • ..... * ..,, , ...,..„ _.. , „It ,,. , v41*i t/., • • ' : , • •sr. p., - - - -4' 'V' 1 • .*. P ..,:tv-..' -4 ;$4 fr .'5 . ;;••!, .... • jf,,;$ - A ''.. • - , • ' . r I.'.... • i' . ,I. 'As . k \4 BS . ..,%. 41kirNier•r7 11 Cr'''. 1.4 • '\:. ..4. '• NI. I 4 of'''. ..- • '' &4.19:1. .7 t.•IX• X !O. P;. ' ..tilit i ,, „e4b4,11 • , .',174 ' .A.' ',k. t7 i...,,,-'49..r.- ,... .,..;1/4. 1,ii• IA 4 4 S4 v.v. or ; r oi • f, .,, . +.•'• ".-10,9er, ' '. . ,;.1 ; N.,,, II 4/1(... ' , f1.7_1,1, ...,..',,,;: 4,41144,4: sc4.010 LI, • . . 4.11- ,,,7. tik„ .MFE,. r; ,,... -.. .. i 7, %I. '''''` .l''''.* ' \•-' . 4 '47 :. 1..4. '......",*:..:7 r"." ,, . ain . •, .,, .. ,- 4 tV 13" ‘'.'•• •fl-'-'„.-, : , ‘ 4,7•••:•-" -....70 , , • ,:Ill ,. , 1 ... . t.,.;.„.. .. •s,. .•,, , z , .. ,. t' ' 41litine/gr ''w,',.•., .,..,,:f 44t4, 4," ..,,,,r,4 • •I' lot entr•ii4 '46.'4 , . c.,:: . -• 4 --. .),' •,i,..••••"''' ..„': ' . 1,4 -• 4. •1 ;.,', 1 'o , ' • -.4 1 ,4',.V.J • '. /,.- _of' -0'14.': 1 •„ -4.4.**' " .,4,' 1 o, • ,/'W Vc ,o• ri' "t''''',Yil,„:f4oS:t;zr .'''''. A'34194!14( Tel r4 iol' : I N ..• ,,,:,-.‘,..,,,.. • lor '.•;.-0)..), •... . .... .,.. .•., .04,e• 714 ; tr,v‘ 1,4tie — ''. . '-•.'r° '4.'''x.r. ..s'A." '.',e4 '' ' ' '' ' ... .....,..1,. .:_, ,. ,,, e, . „14mast ,/,:,.. ,,,;,,,,...,.. 7r,., . - 1.^...,' .1.,, ,,,tiAlriii;gi •..7 . ,•'' : .„.mt...,,, .., e,... ..... ,s , iil.n.1'...11.•':L.ei .. ,,-. ,, , -.....: ,,;.we, e..7....'. ,,,5. , .04 : • ' "\.•-•.,- - ami..4.1...1,jt .. .i , . •.,, . 1, 1 • ji4,, •4-, 'is 1 •••;i44.. "e e' ,2- ,1!CC Nt-., ' .aft 4,41:-'. :q...1: i • - :-.1.11-1P.4%,','.4s. 1 • Y 0°- ‘ w ,,,I*1•1,• -1'...t..f- -1. -i-1.,:ric4'S. • 0'. ,-":41 it .44"tv'ejet.17:1''''.:4...-;1'1111111411i;w6;- 1.. -- . *I r' "U'"10( ' / 0 o4'47 ..1"•17, 1.1.°1`,1,1 e3,7.,•4 11.!-111"1••• (- TE ..• N. .".44.L_:;th;,;:-4, ,, tia.".ti t 1‘' I ie. I:In. 11 ' r 0 C".4'.4.',.;.,'-,'•.'.. • - ''4.'" ' .7.-1'-,i •414 .4 L. - _ 1,00.0 •i •• ' , • • ...4*...... .../- . 1144 / ,_,_.: „..r...gx....7". vs, • k ' - '' 4'.14t4 01,,,ser „4. .• 0'1 -,,•*... ' i ::4... ; $-' 4t-, s' • , ;4).'A •!-•1 1 4}...,0 if.i:f1„-i:,,.., 7., .. • ,... ,...,.,.:.,,,.. ie . r„- '.--7:1.- ---1.1:-,--0":i-v-t-,-'-i..,:" • , 41. - '''' ''' - - - , i 1 II .. • .1 •I t:-fV: •?I,t!, •'• i fp • • 1.1•. •Lie, ii ,..ce 1 , , . •-e vtirs, ,..'i i • , • ri*ti,?4•4,''''••`1'.' „:3,.7..1. - . - '1* 4f- 44q4 0,,,i, , '''' .14-14 • I 1 • .. *" '''" 4`, ' c -'‘ ' A i 4/ .,..-,-..,10., •.,,..,;;../.,-;#ft,., 4., .1.4.-. . - • . t..4'rii -. .....1,:.*0'ets,..;A, ;,•-f, , '•., .'•,i, ...-,,t4'1 . .- - t• ? ,., - . .%, 6 , . .-1,_.. , - i, k ....t. ,,.,.; T4, ' V "ditillf. •tIt..1. r' P74.tir,. ...41 ,tillk ', "Dvf•IA'ftirr.r,:- • .- at. -- .x •--.1' '•• pr , 4 it" •••••,•: ;_ .. 1,4-•••,-, ,,„.....;•./•,„. • , , ,‘ „it t ,.... ,t1.4.4.1vi.-"r dile"1111 "ala ' • i'L ..,,,,..4 •, ' i 4 ,IIVJ -0.-,../.?••Voll.4.1.11•1.11./..14. ..feta.11• ea...foto,fftf... Iv • .'etIlvv '...iiir •4 '' f• C. • __,....1- V 4." •'11 • 7.,r., '';„4"/ , I t). 1.1,14.telifittitil Lit$11(4 $11.•tett 111114 VIII 1411'.* 1 . ,}eltrgi,..tt .1' "n''''V...''''•.' -"' • n •.sev• 4 1 • ri -.1 ', 1,t;• , 023 • ,i .. . .• •1:1:17.1.1......t1.3 1 "til.. . ... A*t ot ... ;411,',..4..fre„ r.,,,,4 „tr..... 1..,.I. ),,,,, It Ili , ,, * 1,,.,r % d' 1.',i1 40 1 ,- • I, b,.1 $1., :Ilia • • li II 1 ill 4 II 111,I II III*(71'''Il•in i .1 iil ut, . ' Ack,g,,..$.3.; '-, ..!,.1, •-• ,:;,3,%tL,,b,-, " ilf4 .ir 'la 't.• ,j ,..,".t., • it...441.,;>.. ef':;.", '''61:1-.1;:.•',tit,:.;.. ..$$# -,1,.... Ct,. .l.: IT'0%.,-T _.' ,.., ::: a.:.4 ,...„--• ' -1-•'s' el-' ,i,t,„.;,,,,._1"',e,.._`..1„,.k•,-.4.:, ',J.) -',.1.t;1', -tte;,7",..;-.-e -,.y. Ai. 1 if,, ,-,,• ,,,, , II. v 4...t. III, s -ff.,,AVt4PitliTM•••.... '."f7jc-.rx 14"..''' t A 41 1,WIOT •. ;' ' ',' j .'', e W.' Y.-'''' "..L-1.,.AS "Crr'.1 r";'''.2%--.•C.! ,... 1.• . j .,..-1 Itki,-4 '4P...• kminciparkatib—auti'v , ...ci,,,..), • ..,... ..N.,- . . .i .. . 1 i ;,‘,1„,_, ,-- . I, 4. , ,, - ,.,. :r" ,/;frif,.-.r;V 1.4.;',I, • .)" t-21 - '• '•0,'I i'4 ' 41 ttArti"ZT$W(T...t.,: ''; A.'-' , ..'' '' , ,',.„-'..' fi ' • $ i .,' , ,' '' /A fi, g. ,:: $ L.- , . , ? I ik/ t hp•••. .P ) .rii /,, .../".''x': be. ' 1/.. ' b i • 4.. I.:-.44, ri;p3,,•„ „ „ „ il' ier'i 4 r ,o , .„1 i Iv•I 1 li .• Is 6 II b 0 41 II ' L., ' I-/-1'- -I-.1,:.{:j:4.71:1; ;/:1-/- ''--- • •,,..' 411 P,,,.• • , .. ' 41 . , • ' s„.:-.j ii • , t„ r..., ,et,,, .( .1.i . ... .1 i• tl•iv _ si, 41,• • 'IA°, , ol"'.0*.•.:* a Ire'7- .:'''';,4'It r i . -- 'I "2 1 '"-.. -----1 i-r1-1.--:FITTI MI. 7 I'ff" *" ' .' elf .. le (rrtt• .1 ', ..•• ,,,.. I, . ..!!''.: •.); ;,.1.7_ .;•..7,:q., .1• •L!. ••,,,,... • • .. I., • • •1 --„.1-•.,•4:„ - ..,r• ,1 ' • n‘ ,4 . , ...lelv„•''iSti ,, ,,,‘ r,'*A., rjp,Att"/ ? 1), .,,; 1 4,al 44,, ..•,•,.....• ..,- .•..,. . , / ' se'7' .'' - ' • - ' E- .•-'"1 I , ,:,, . ,, 4, I'10. ' '•I t •‘Z. M rif 41 1 t .br,‘;it? ,„..,• . tj '...:- .40,..i iI ,....'..1. ..t. '4r*.r,; . '„L ;:f A.A.... -,--ww .. ._. ,, .r.-:es .114 ,1 1 'e%0'1 . L' 'r• 1 N.),f' 7T-1-r.-4..‘tr 7., 2..' t!..,, :,„.. -. '.,,t eT,,,..s.31. .T. ,,, _ r. ,' '-.4'':i'l, 4. • . 1 . '''' '•• '41' '1,11*%• .'.1 , 0 4 f czactost it.A.•\ :'"I',i‘''' 1 1) ' • 1..'t: •''`os.31-' IT . -• , 'o - , ii'tiiiii.cil • ''•:, ,...1-'.,' ,c,:. ...n‘ ,( f.. r 3 T• tr: ''N 1 . ."Nk •)1\P ' r, ...,,,,...,......„.i ,... iip•r y . / •( I'. '-.. :11'''').•r• litliiiinii ,...- -,..1- - '• -4- • ; ., J•I qr ' . - i1.. '*4-f 1 - ' or t;1,54- - .' k,",' „:, .1.- +•v•,`.4. ''''' „‘: 1- .•,:i•-•.-„r„ i•o•P01•1` N .•-‘ l. ' .... --, , - , :..,,....••rya - 4 1 1 .•-••,'-• I, ' Vii,..,....". . .,.., ','.I. rt,. , „ . ., , .. .,,, ,•5.7 '")‘1V l'' ' 4 ' " .-ri ' 4'''• iiiitritfinu . A f .01.. ..-i-,. k A. y .4F 1 - ',' ,, . , ....' , :4' L• v, -, •f"r- •r'f '..'.'.,' *).„ J • .-,.),4:'‘,..4.f,,I ii, ,4,* . 4 -.3..,„';‘,4 , _. ,I, .'.'„.. I;F 1 :4`, "I 1. ' '4 1 4 . •. •.01. •gr ,, , I I- .41 ' : , '4 ' .,,... 1?1,".1 111.11111flitt ,,..., J. „ -4-z., ,,. ,,a,,s. II "-• , v„ ., , •. ‘‘.. I' i Ci'itt I I... ' ' F r tl,'" . . • I'I li 6', . i.;•••• ,--;•1•,-„..y, i ,i .1.1.,,., '•:',404 ' r i*,r. ?i• • -„I, ., ••••ril ,s,1 ••• 44, - "'i . ?;444›,),'41 e.r '40.31 %'"Il'InlIfsg. M.... " "14Cet e '' • ' lti ott•Iv-r( ..,%,y,.s,,,,...,-.',: ,,ivi•ilj 1,t,,,,A,,),... •-•%-rtri.;.....„- --4,[.......,. ..-.-. ..lik.„ . .. 4•4„ .• $-.0 „ILI v...o 4 i - rs N,,,,,,„.„,..4,, - , vs- r.,, Al ,,..v.i. , • • P .1 •# tr - A- .) 4 . 4VeniekN.44"' ;'-' . ..Mr - 1411!1;:,:r.-1'.' . 1, 41 • J' 4 ,It'i 41" '' t•' ' ',/l`t‘ c::;f1 'r,Jt., -: 1"•• ' 01 ;lore*/ Ilqi. o 1., : 1) - ( . „, \e't itt.„ , ...I t triroll Y r co,s4 -,, 01 ° . , , , ., "• ,..i.t... .„ .% mg, ..., . .. , .41 ..r„,,,....:y Li,„... &iv: • ,, i s .., ,,,, ,,,...r" , ...',.1.V.i,:sio, i 1:p.1,0.4 1.... .,,.v.i.., .;;',..... •,-• ... .71*,.. ,7. , cl • * i .14 *,,, i c.,,,,, 1,7 a-. . V. i • • 411044 1 e'do.•.-L. . ,, L ',.....Nd k.‘„,.' t.-,..,,,i, , "I ''''' ' we, i'45%...I' • , ‘•-••111 or .0 t .,l'of ,,t .i., 1. ,..."1"17, i ...4,"'P t ''''..1',/:ei t:!LT ...,:1'; •Ltilit i4.74\\-1 ..I.1 '., ..1.,•. . ' I.. Viir 1,1... ••‘.I' .'1";1•014'.4. ...o.i-1;4"1..1' ''411r,..4i ,.• 'i•1.1 4-7'NI.11 IY, i, i 11-1':"."i• ' -... sp. ( "11474 ,so , ..• , .• ,: r ,s IL 1.,,Y .,•,s.ag.4 • 4.'6 1. ,,, it_h_.. {,0, a,4 -saw 0 • ,,,, ri , ...-L.-tic • ' % . • '1••4 +3 iikr I Lel*. ' .!..... .fr .)... s -ty y.,1.... ..142-11P.N, ;,:-(.,----.• •i•,.,•,T 6 .1 ‘•.,..., -tip- 4,..„. VOL -' cit- N © p . rü E PEcDi ILL © TO, CITY OF APACHE JUNCTION PLANNING & ZONING AND CITY COUNCIL MEMBERS. WE GREATLY APPRICIATE FOR HELPING US BE GOOD BUSINESS OWNERS IIV APACHE JUNCTION AND FOR ALL OTHER PREVIOUS METIERS WHICH WE HAD TO FACE. RECENTLY WE APPLIED FOR A CONDITIONAL USE PERMIT CUP-3-14 WHICH WAS PASSED BY PLANNING AND ZONONG UNANIMOUSLY. WE THANK ALL OF THE PLANNING AND ZONING OFFICIALS AND WE THANK ALL THE COUNCIL MEMEBERS AND CITY STAFF FOR ALL OF THEIR HELP IN OTHER METIERS. "AWE HAVE DECIDED TO KEEP GOOD RELATIONS WITH OUR NEIGHBOURS AND VALUE THEIR CONCERNS ABOUT THE NOISE CONCERTS BRING. THEREFORE WE DECIDED NOT TO CONTINUE WITH CUP-3-14. THANKS HITCHING POST PIZZA & PUB LLC MEHMOOD MOHIUDDIN RESOLUTION NO. 15-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, (APPROVING/DENYING) A CONDITIONAL USE PERMIT, CASE NO. CUP-3-14, TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES, LOCATED AT THE SOUTHEAST CORNER AREA OF E. LOST DUTCHMAN .•. BOULEVARD AND N. APACHE TRAIL, ADJACENT TO OR NEAR THE HITCHING POST RESTAURANT, INCLUDING CONCERTS, GUN FIGHT SHOWS, VARIOUS OUTDOOR GAMES, KIDS GAMES AND OTHER SIMILAR ACTIVITIES, AS WELL AS PARKING ACCOMMODATION FOR THE EVENTS AND ACTIVITIES. WHEREAS, on or about December 8, 2014, a Conditional Use Permit ("CUP" ) application was submitted to the City of Apache Junction by Mehmood Mohiuddin (property owner) , requesting approval to operate an outdoor entertainment venue and other outdoor activities on his properties located at the southeast corner area of E. Lost Dutchman Boulevard and N. Apache Trail, which are legally described as. Pinal County Assessor parcels 100-25-001C, 001E, 003, O10A and 043A, all located in the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (complete metes and bounds legal descriptions of the subject properties are available at the City of Apache Junction Development Services Department) ; and WHEREAS, on January 13 , 2015, the City of Apache Junction Planning and Zoning Commission held a Work Session meeting to discuss case CUP-3-14 with Planning Staff; and WHEREAS, on January 27, 2015, the City of Apache Junction Planning and Zoning Commission held a Public Hearing on case CUP-3-14, wherein the Commissioners heard the staff evaluation and recommendations pertaining to the case, the Applicant's presentation, and where public input was heard and concerns were expressed over issues such as noise, traffic congestion, disturbance of the peace and quiet of the neighborhood, and the fear that the outdoor entertainment venue was going to devalue nearby residential properties; and where many public comments RESOLUTION NO. 15-08 PAGE 1 OF 7 were also expressed in favor of the outdoor entertainment venue; and WHEREAS, on January 27, 2015, after hearing the comments of the neighbors and other interested parties and discussing the issues presented; and after: 1) receiving satisfactory responses to the questions raised at the public hearing; 2) hearing and considering all of the facts presented, including reviewing the land use criteria relevant to the granting of a CUP; and 3) hearing testimony and concerns from the public, applicants and staff, the Planning and Zoning Commission voted 5-0 in favor of case CUP-3-14, with conditions; and WHEREAS, on February 11, 2015, within the requisite time period for filing an appeal, an appeal was filed in writing by neighboring property owners James Johnson, Stephen Fugate, Nicholas Funk and Mark Theismann, accompanied by the appropriate fees, requesting that the Commission-approved CUP be forwarded to the Mayor and City Council for consideration of denial; and WHEREAS, pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-12 Conditional Use Permits, Subsection 1-16-12 (D) (7) Appeal and City Council Review: "The approval or denial of a CUP by the Commission shall be final unless, within 20 calendar days from the date of the Commission' s decision, the applicant or any persons aggrieved by the decision appeals the decision to the City Council. The appeal shall be in writing, filed with the Development Services Department, and shall indicate how the Commission was in error. The appeal shall be accompanied by a fee equal to 50g of the original filing fee. The appeal shall require a Council public hearing and notification provided in the same manner as required for the Planning and Zoning Commission hearing. The Council, at its public hearing, shall uphold modify or overrule the decision of the Commission. The decision of the Council shall be final" ; and WHEREAS, on February 17, 2015, Development Services Department staff received a letter from Mehmood Mohiuddin, informing the Planning and Zoning Commission and Mayor and City Council that in order to keep good relations with his neighbors, he decided not to continue with his approved CUP; and RESOLUTION NO. 15-08 PAGE 2 OF 7 WHEREAS, because: 1) a decision on the CUP case was made and is in full force and effect; 2) a proper appeal was filed in writing, accompanied by the appropriate fees; and 3) due process and other legal considerations still apply; therefore this case requires a new public hearing and a Mayor and City Council decision to resolve; and WHEREAS, on March 17, 2015, the Mayor and City Council of the City of Apache Junction conducted a new public hearing on case CUP-3-14 and considered the appeal request. (OPTION 1) NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that Conditional Use Permit case CUP-3-14 is hereby approved, allowing Mehmood Mohiuddin to conduct various outdoor entertainment activities on properties adjacent to or near the Hitching Post Restaurant, all owned by Mr. Mohiuddin, including concerts, gun fight shows, outdoor games, kids games and other similar activities, as well as parking accommodation for the events as described in the plans, narrative and other materials submitted with case CUP-3- 14 , pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, subject to the following conditions: 1) The former approved Conditional Use Permit (P&Z Resolution No. CUP-2-06) for a cell tower on parcel 100- 25-O01C is hereby rescinded. A.M. 2) Proper building permits shall be obtained and inspections and approvals received for any electrical, plumbing, remodeling, stages or scenery, signage or other property improvements which require permits, in accordance with the concept plans and narrative received for CUP-3-14. 3) The operators of the outdoor entertainment venue may use the freestanding sign (with the reader board) in front of the Hitching Post to advertise special events on the larger property; or a new free-standing monument sign may be placed on the event properties along the E. Lost Dutchman Boulevard or N. Apache Trail street frontages, RESOLUTION NO. 15-08 PAGE 3 OF 7 01. in accordance with the city' s "Sign Code" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-11 Sign Regulations) . 4) All signage on the subject properties, including the Hitching Post/Dash In property, shall at all times be in compliance with the city's "Sign Code" (as referenced above) , including free-standing signs, permanent attached signs, window signs and banners. 5) Landscaping and screening in accordance with the city' s "Landscape Code" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-8 Landscape Regulations) shall be provided within the property boundaries, along the E. Lost Dutchman Boulevard frontage and the N. Cortez Road frontage on the north and east perimeters of parcel 100- 25-O01C. Also in accordance with the city' s "Landscape Code" and regulations for "Fences and Walls" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-6 Supplemental Regulations, Section 1-3 Fences and Walls) , a 6-foot-high chain link fence with wooden slats shall be provided behind the landscape strips on the north and east sides of parcel 100-25-001C, except in front of the existing single-family home which faces Cortez; however, a 6-foot- high chain link fence with wooden slats shall also be provided along the northerly and westerly sides of the single-family home lot area. 6) Within 30 days of this CUP approval, the applicant shall provide to the city' s Planning Division for staff' s review and approval, a complete site plan showing where all of the proposed activities will be located on the property, including the concert stage, volleyball court (or similar activity area) , kid' s games, porta john locations, etc. 7) All parking lots shall be treated for dust proofing in accordance with the options contained in the city' s Engineering Guidelines for dust control mitigation, pursuant to Apache Junction City Code, Volume I, Chapter RESOLUTION NO. 15-08 PAGE 4 OF 7 9 Health and Sanitation, Section 9-1-3 (B) Vehicles, Subsection 9-1-3 (B) (6) , or other solutions accepted by the Development Services Engineer. 8) Pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1- 16 Administration, Section 1-16-12 Conditional Use Permits, Subsection 1-16-12 (D) (5) Expiration, the applicants shall improve and begin operating the outdoor entertainment venue in accordance with the submitted drawings, narrative and prescribed conditions of approval, within 12 months of the granting of CUP-3-14 or else the CUP shall become void. 9) The owners of the properties shall ensure and take reasonable precautions that any outside music is at a level which does not disturb neighboring properties and that outside music is not offered past 9 :00pm, local time. 10) No more than six (6) outdoor concert events per year shall be held. 11) This CUP for an outdoor entertainment venue shall not be transferable upon sale of any part of the property. 12) Within 12 months of this CUP approval, Planning Staff shall bring this item back for Commission review and consideration of further Commission requirements . 13) For all outdoor concert (or similar) events, the venue operators shall hire off-duty police officers to help with traffic control and safety. Should any of the uses under this CUP become a demonstrated traffic safety hazard, a traffic study and/or additional traffic safety improvements may be required of the venue operators if warranted. 14) All requirements and obligations pertaining to the separate development agreement for the Hitching Post, Dash In and bull-riding venue remain in full force and effect. 15) This CUP shall be renewed in five years. RESOLUTION NO. 15-08 PAGE 5 OF 7 16) Pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1- 16 Administration, Section 1-16-12 Conditional Use Permits, Subsection 1-16-12 (D) (6) Revocation, the Planning and Zoning Commission shall reserve the right to reconsider the Conditional Use Permit approval for the outdoor entertainment venue, at a new public hearing, for non-compliance with any condition prescribed as part of said CUP-3-14 permit approval, including sign violations or safety problems. 17) There shall be no direct access to Cortez Road for traffic. (OPTION 2) NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that the offer by Mehmood Mohiuddin to not exercise his entitlements under Planning and Zoning Commission Resolution Case No. CUP-3-14, is hereby accepted; and furthermore, that Planning and Zoning Commission Resolution No. CUP-3-14 is hereby rescinded in its entirety. (OPTION 3) NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that Mehmood Mohiuddin' s request for a conditional use permit in Planning and Zoning case no. CUP-3-14 is hereby denied; and furthermore, that Planning and Zoning Commission Resolution No. CUP-3-14 is hereby "*' rescinded. The conditional use permit is denied for the following reasons: 1) (reasons as determined by the Councilmembers)...... 2) 3) PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ON THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF , 2015 RESOLUTION NO. 15-08 PAGE 6 OF 7 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15-08 PAGE 7 OF 7 iIlW Am.. illnlik : 1 City of Apache Junction gi .r _'�t. Development Services Department '� ttkv PLANNING AND ZONING COMMISSION . •.. PUBLIC HEARING STAFF REPORT DATE: January 27, 2015 CASE NUMBER: CUP-3-14 APPLIC. /OWNER/REP. : Mehmood Mohiuddin REQUEST: An application requesting approval of a Conditional Use Permit to conduct various outdoor entertainment activities on properties adjacent to or near the Hitch- ing Post Restaurant, all owned by Mr. Mohiuddin; activities may include con- certs, gun fight shows, horse-back trail riding, outdoor games, cage fighting, kids games and other similar activities, as well as parking accommodation for the events and activities hosted by the Hitching Post. LOCATION: The properties are located at the southeast corner area of E. Lost Dutchman Boulevard and N. Apache Trail (generally to the easterly and southerly sides of the Hitching Post/Dash In businesses) . GENERAL PLAN/ ZONING DESIGNATION: Community Commercial; properties are cur- rently zoned B-1 (General Commercial) . SURROUNDING USES: North: Elks Lodge (zoned General Commer- cial District by Planned Devel- opment, "B-1/PD") ; South: Vacant (zoned Low Density Single- family Detached Residential, "RS-54") ; East: Single-family Homes (zoned RS-54) ; West: Various Business lots (zoned B-1) . CUP-3-14 (Mohiuddin) Page 2 of 9 BACKGROUND The subject properties to the east and south of the Hitching Post/Dash In businesses have been developed for years with minimally improved storage lots for trucks, RVs and boats. In 2006, pursuant to case CUP-2-06, the previous owners of the storage lot directly to the east of the Hitching Post applied for a conditional use permit (CUP) to erect a cell tower. The request was approved subject to certain conditions, including the installation of landscaping along the Lost Dutchman and Cortez Road street frontages, 8-foot high decorative screen walls around the equipment area and a one-year time limit to install the improvements (see P&Z Resolution No. CUP-2-06) . For unknown reasons the cell tower was never constructed, the improvements were never installed and the storage lot uses continued. For the last few years, Mr. Mohiuddin has been working towards making improvements to and redeveloping the old Dash In gas station and convenience store property. These improvements include the establishment of the Hitching Post Restaurant; and most recently, the removal and abatement of the old gas station facility and the installation instead of an outdoor bull-riding venue that is connected to and accessed from the Hitching Post Restaurant. Limited parking availability required Mr. Mohiuddin to depend on owners of adjacent properties for overflow parking accommodation. A development agreement and subsequent amend- ments have been negotiated between Mr. Mohiuddin and the City �'► Council to deal with special issues involving the redevelopment of the property. A key component of the development agreement is that if Mr. Mohiuddin were to lose the right to the off-site parking for whatever reason, the bull-riding venue would have to be discontinued. Then, this past summer (July 2014) Mr. Mohiuddin purchased the properties surrounding the Hitching Post. He now owns the properties on which he was formerly dependent for off-site parking. PROPOSAL Mr. Mohiuddin proposes to develop an additional outdoor entertainment venue area where special events, such as concerts, CUP-3-14 (Mohiuddin) Page 3 of 9 can be held. This area will also be connected to and can be accessed from the Hitching Post property. Mr. Mohiuddin has already partnered with a couple of non-profit groups who hosted and benefitted from concert events on his new properties (Bellamy Brothers and T.G Sheppard) . These events included requests for Council recommendation on temporary extension of premises and/or special event liquor license. See the City Clerk' s e-mail, dated 1-14-15, correcting some erroneous information contained in our previous work session report. Approval of this CUP will make it easier for special events to be held on the subject properties, but temporary extension of premises and/or special event liquor license requests will still have to go through Council for their recommendation, until and unless the applicant is approved for a permanent extension of premises permit from the State Liquor Board. In addition to the occasional concert, the applicant' s original request also proposed to use the principal activity area to the east of the Hitching Post to allow for a possible trail riding enterprise, gun fight shows, cage fighting events, volleyball court, and kids games and playground equipment. Not all activities would be conducted at once, of course. Mr. Mohiuddin has now withdrawn the trail riding and cage fighting activities from his request and he would like some flexibility on some of the other minor uses. For example, it could be volleyball or badminton or bocce ball or cornhole—not necessarily just volleyball. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The General Plan shows the southeast corner of Lost Dutchman and N. Apache Trail to be a "community commercial" opportunity area. Beyond the corner to the east and south, the Plan shows "low density residential" . No rezoning is involved and the properties are already zoned commercial, so this development proposal is in compliance with the General Plan. Zoning/Site Context: The City' s new Zoning Ordinance allows "spectator sports facilities" (arguably, volleyball) , "private recreational facilities (outdoor) " , "private outdoor music festivals/events" , and "restaurants/bars/clubs (with amplified outdoor music) " in the B-1 zone with approval of a CUP. The CUP request is CUP-3-14 (Mohiuddin) Page 4 of 9 appropriate for the zoning district and the types of uses proposed. Staff also recognizes that just beyond the subject site, there are large lot single-family residential neighborhoods. What issues may arise out of the occasional outdoor music or sporting events have yet to be fully experienced. In general, Develop- ment Services staff is aware of a handful of complaints, including about the new fencing around the bull-riding arena (folks can' t see around the corner as easily as they could in the past) and there was a noise complaint when the last concert was held. Staff will recommend conditions of approval to try and mitigate issues relative to the new CUP request. Evaluation of Criteria for a CUP: Section 1-16-12-D-3 of the Zoning Ordinance establishes certain land use-related criteria for the Commission to consider when evaluating Conditional Use Permits. Staffs analysis of said criteria, with regard to this use, is as follows: a) Adequacy of roadways, off-street parking, public facilities and services to accommodate the proposed use. (The proper- ties are accessed via N. Apache Trail and E. Lost Dutchman Boulevard, which are designated major arterials. However, this is also the so-called "Y" area, intended to be more rural in nature, including relaxed street standards. Off- street parking will be provided on properties all owned by the applicant, for both minor and larger events. Parking +. will mostly be directed to the main parking lots from N. Apache Trail, with overflow parking being directed to the Lost Dutchman side (see applicant's site plan) . There should not be any public parking either along the Trail or Lost Dutchman. The parking lots will be required to be improved with decomposed granite or some other dust mitigating cover and the accessible parking spaces shall be paved with hard surface access to the building. The restaurant has restrooms, water and electric services, but for larger events, Mr. Mohiuddin proposes to also use "porta-johns". At such time as additional permanent buildings are constructed on the properties, and/or when sewer service reaches the site, additional public restroom facilities may also need to be constructed.) Aa► CUP-3-14 (Mohiuddin) Page 5 of 9 b) Negative impacts arising from the emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare. [The uses should not produce any negative odors, gas, smoke, heat or glare. Dust will be mitigated with treated parking areas and by watering down of activity areas before large events. Lighting is subject to dark sky regulations and/or by limiting events to end at dusk. Noise impacts from outdoor music have yet to be determined, but staff will recommend some possible mitigating conditions for the Commission to consider at their public hearing to address this issue.] c) Contribution to the deterioration of the neighborhood or the negative impact on neighborhood property values. (Mr. Mohiuddin will need to be vigilant about potential noise and other problems should they arise. If problems emerge, the City may schedule the CUP for further review should certain activities allowed under the CUP become a neighborhood nuisance.] d) Compatibility with surrounding uses and structures. [Surrounding uses to the west and north are commercial or zoned commercial, so those properties should not be negatively affected. At a minimum, screening, landscaping and distance buffers should be provided between the outdoor entertainment venue and the residential properties to the east and south.] e) Conformance with the General Plan and City policies. [There are no General Plan issues. Operator sensitivity, reasonable and safe conduct of activities, and reasonable hours and days for conducting larger events should help head off most problems.] f) Screening and buffering of uses. [Special conditions will be required to mitigate perceived present or future negative impacts.] g) Unique nature of the property, use and/or development' s physical characteristics. (This proposal has the potential to bring something unique and special to Apache Junction. An open air concert venue, especially with spectacular views of Superstition Mountain could rival places like Sedona and Red Rock. It could become a destination point, CUP-3-14 (Mohiuddin) Page 6 of 9 a year-round attraction. And, if approved, may require improvements and adjustments along the way.) PUBLIC INPUT .. Public hearing notices were mailed to all property owners within 300 feet of the overall site. Comments and input have been sought. Staff has received an e-mail (see attached) from a neighboring property owner who is opposed to the request. He states that he also represents other residential property owners who are opposed to the request, citing reasons of loud music, loud crowds and speaker systems, traffic congestion and safety concerns, and disruption of the quiet residential neighborhood. As of the writing of this report, no other comments or calls from neighbors have been received. PLANNING DIVISION RECOMMENDATION Planning Staff presents case CUP-3-14 for the Commission's consideration and decision. If the Commission is desirous of approving this CUP, then Staff recommends that the conditions listed under the Recommended Motion be attached to said approval . RECOMMENDED MOTION I move that the Planning and Commission (APPROVE/DENY) case CUP-3-14 , a request for a Conditional Use Permit by Mehmood Mohiuddin, to conduct various outdoor entertainment activities on his own properties adjacent to or near the Hitching Post Restaurant, including concerts, gun fight shows, various outdoor games, kids games and other similar activities, as well as parking accommodation for the events and activities hosted by the Hitching Post, subject to the following conditions of approval: 1) The former approved Conditional Use Permit (P&Z Reso- lution No. CUP-2-06) for a cell tower on parcel 100-25- OO1C is hereby rescinded. 2) Proper building permits shall be obtained and inspections and approvals received for any electrical, plumbing, remodeling, stages or scenery, signage or other property CUP-3-14 (Mohiuddin) Page 7 of 9 improvements which require permits, in accordance with the concept plans and narrative received for CUP-3-14 . .•. 3) The operators of the outdoor entertainment venue may use the freestanding sign (with the reader board) in front of the Hitching Post to advertise special events on the larger property; or a new free-standing monument sign may be placed on the event properties along the E. Lost Dutchman Boulevard or N. Apache Trail street frontages, in accordance with the city' s Sign Code 4) All signage on the subject properties, including the Hitching Post/Dash In property, shall at all times be in compliance with the city' s Sign Code, including free- standing signs, permanent attached signs, window signs and banners. 5) Landscaping in accordance with the city's landscape code shall be provided within the property boundaries, along the E. Lost Dutchman Boulevard frontage and the N. Cortez Road frontage on the north and east perimeters of parcel 100-25-001C. Also in accordance with the city's landscape code, an 8-foot high decorative masonry wall shall be provided behind the landscape strips on the north and east sides of parcel 100-25-001C, except in front of the existing single-family home which faces Cortez; however, an 8-foot high masonry wall shall also be provided along the northerly and westerly sides of the single family home lot area. 6) Within 30 days of this CUP approval, the applicant shall provide to the city's Planning Division for staff' s review and approval, a complete site plan showing where all of the proposed activities will be located on the property, including the concert stage, volleyball court (or similar activity area) , kid' s games, porta john locations, etc. 7) All parking lots shall be treated for dust proofing in accordance with the options contained in the city' s Engineering Guidelines for dust control mitigation, or other solutions accepted by the Development Services Engineer. CUP-3-14 (Mohiuddin) Page B of 9 8) The applicants shall improve and begin operating the outdoor entertainment venue in accordance with the submitted drawings, narrative and prescribed conditions of approval, within 12 months of the granting of CUP-3-14 .-. or else the CUP shall become void. 9) The owners of the properties shall ensure and take reasonable precautions that any outside music is at a level which does not disturb neighboring properties and that outside music is not offered past 10 : 00pm, local time. 10) No more than one (1) outdoor concert event per month shall be held. 11) This CUP for an outdoor entertainment venue shall not be transferable upon sale of any part of the property. 12) Within 12 months of this CUP approval, Planning Staff shall bring this item back for Commission review and consideration of further Commission requirements. 13) For all outdoor concert (or similar) events, the venue operators shall hire off-duty police officers to help with traffic control and safety. Should any of the uses under this CUP become a demonstrated traffic safety hazard, a traffic study and/or additional traffic safety __ improvements may be required of the venue operators if warranted. 14) All requirements and obligations pertaining to the separate development agreement for the Hitching Post, Dash In and bull-riding venue remain in full force and effect. 15) This CUP shall be renewed in five (seven? ten? other?) years. 16) The Planning and Zoning Commission shall reserve the right to reconsider the Conditional Use Permit approval for the outdoor entertainment venue, at a new public hearing, for non-compliance with any condition prescribed Afmk CUP-3-14 (Mohiuddin) Page 9 of 9 as part of said CUP-3-14 permit approval, including sign violations or safety problems. Am. The Commission's decision is final, unless an aggrieved individual or party appeals said decision (in writing, with reasons and accompanied by all applicable appeal fees) to the City Council within 20 days of the Commission action, and in accordance with the applicable procedures set forth in the Apache J tion Zoning Ordinance, Section 1-6-1. Prepared y quivias Senior P nn /Zo ing Administrator Attachments. Exhibit #1 - CUP application and list of proposed activities Exhibit #2 - Previous CUP Resolution, P&Z Res #CUP-2-06 Exhibit #3 - E-mail from City Clerk correcting previous information Exhibit #4 - E-mail/public comment from concerned neighbor Exhibit #5 - CUP-3-14 Vicinity and Zoning Map Exhibit #6 - Aerial image of surrounding neighborhood Exhibit #7 - Proposed site and parking plans gr&P. ; EXHIBIT A: PlanningZoning Application A lication Form Office Use Only: Filing Date o Staff Fees Received Case TYPE OFAPPUCATION Annexation _Abandonment(Plat/Easement/ROW) —Board of Adjustment Cargo Container Permit _Certificate of Legal Nonconformity Wtt<!iiIiitRiFlU hrilThi Development Agreement Development Plan Review ,_,_•General Plan Amendment Lot Splits,Joins&Adjustments _Ordinance Text Amendment _-Planned Development Rezoning _Preliminary/Final Plat _Preliminary Development Review Sign Permit 44 Special Use Permit _Temporary Use Permits Zoning Map Amendment _Other SITE INFORMATION SITE ADDRESS/LOCATION Je COgt ( A i v. ASSESSORS PARCEL NUMBER 630/501,E) Of f3A GROSS AREA: NET AREA I4.37 Ac. EXISTING ZONING 6• BRIEF DESCRIPTION OF THE PROPOSED PROJECT/USE ( 5G Ac ft'SS) APPLICANT INFORMATION Property Owner(s) IY1 E. W li0/9.0 ( 10 1-14 U 1) 1)114 Address 23 D Lam_L /'2p.TF a A rA 04.E' zmAka TrCl4) ,-� PSiI' /_ Phone Number�i f�f,.. ax Number Email LA vfF/Afl t,Lg- /YLS JJ £O/1? Applicant Contact Person/Project Manager SA 7Y1 17 Address Phone Number Fax Number Email Architect/Engineer Address Phone Number -Fax Number Email OWNERS SIGNATURE DATE: Z, / I A5 • [7-17-14 version) Page 4 sgw-ev iCl !?/ r. )- cv17, ,d7 RESOLUTION NO. CUP-2-06 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A CONDITIONAL USE PERMIT, CASE NO. CUP-2-06, TO ALLOW FOR A DETACHED SIXTY-FIVE FOOT (65' ) MONO-PALM COMMUNICATION AERIAL FOR CINGULAR WIRELESS TO BE LOCATED AT 2304 N. CORTEZ RD, APACHE JUNCTION, ARIZONA. WHEREAS, A Conditional Use Permit ("CUP") application was filed by Scott Quinn of Quinn United Enterprises, on behalf of Cingular/Infranext ("Applicant") and Simon Sung ("Property Owner") , on June 26, 2006, pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions, 6. 0101, Conditional Use Permits, for the use of a detached 65' mono- palm communications aerial on the following legally described property: A portion of the Northeast quarter or the Northwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, beginning more particularly described as follows: COMMENCING at the North quarter centerline of Section 15, Township 1 North, Range 8 East; THENCE go West 286.4 ' to the East line of Highway right-of-way, Then South 49 degrees West 246. 01 ' , Then South 21 degrees West 182. 68' , Then East 484 . 38' , Then North 330 ' to Point of Beginning; EXCEPT a parcel beginning at North quarter in the Center, Then West 286. 4 ' , Then South 49 degrees West 50' to Point of Beginning, Then continuing South 49 degrees West 195.27' , Then South 48 Degrees East 170 ' , Then North 38 degrees East 307. 49' , Then West 172 ' to Point of Beginning and less East 7 ' thereof Section 15, Township 1 North, Range 8 East. Also known as Pinal County Assessor' s Parcel Number 100-25-001C. Area covers 2. 13 acres; and PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-2-06 PAGE 1 OF 3 WHEREAS, on July 25, 2006, the Applicant presented evidence to the Apache Junction Planning and Zoning Commission that the freestanding 65' communication aerial, as described in Case CUP-2-06, will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood, or to the public welfare in general; and WHEREAS, the Applicant has satisfied the burden of proof of the above mentioned factors, and those set forth in the Apache Junction City Code, Volume II, Land Development Code, Zoning Ordinance, Article 6, General Provisions, 6. 0101, Conditional Use Permits. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Apache Junction, Arizona, that a Conditional Use Permit is hereby approved to allow for the operation of a freestanding 65' tall communication aerial, subject to the following conditions: 1) That the tower be made available for co-location to other wireless communication providers in the future on a reasonable and non-discriminatory basis, with a limit or one additional provider using no more than three flush mounted antennas painted to match the aerial. 2) That the facility be screened by a eight foot (8' ) tall CMU decorative masonry wall to be treated with stucco and accented with a southwest earth-tone II ilk color design. 3) That landscaping improvements be made to the property consisting of the addition of palm trees and shrubs along the north and east property boundaries to be located in accordance with the City of Apache Junction's Landscaping and Screening Requirements. 4) That the 65' mono-palm be constructed within one year, as conditionally approved herein, or the Zoning Administrator or the Planning and Zoning Commission may propose to revoke the Conditional Use Permit through another public hearing process. PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-2-06 PAGE 2 OF 3 5) All applicable permits shall be applied for and plans shall be designed to current City Codes prior to mono-palm tower and base equipment facility construction. 6) Access and utility easement must come from road- ways adjacent to the parcel (Cortez Road or Lost Dutchman Boulevard) . PASSED AND ADOPTED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 25TH DAY OF JULY, 2006. SIGNED AND ATTESTED TO THIS 12th DAY OF September , 2006. 1-2.4/ PAT RICHMOND, Chairwoman Planning and Zoning Commission ATTEST: RUDY QU IA Execu iv Sec etary ^ APPROVED AS TO FORM: ft:- 9. 1606 RICHARD J. STERN City Attorney PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-2-06 PAGE 3 OF 3 Rudy Esquivias From: Kathy Connelly Sent: Wednesday,January 14,2015 12.43 PM To: Rudy Esquivias;Lary Kirch Cc: Joel Stem, Bryant Powell, Matt Busby Subject: Hitching Post CUP memo Importance. High There is incorrect information in the January 13, 2015 Planning and Zoning Commission work session staff report on CUP-3-14 (Hitching Post). Page 3 of the report states as follows "The special events process requires an applicant (usually a non-profit organization) to get Council approval, at a public hearing, every time they want to hold an event. Most applicants use this process for events that are held once or infrequently. Sometime a special event liquor license is also requested " The city council does not have a review or hold a public hearing on the application for an event. Events are reviewed at the staff level based on the requirements found in Chapter 8 of the city code and are either approved or denied without any council action. The staff approval process includes the city clerk for tax and licensing, development services for zoning and signage, public works for roadways and dust control, police for traffic and safety issues, and the fire district for tent installation, medical vehicle and fire lane access. The city council does get involved if alcohol is proposed to be sold under an extension of premises or a special event alcohol permit. In such an instance, the council is required to hold a public hearing and make a recommendation to the Department of Liquor Licenses and Control The council does not approve the alcohol-related request but instead forwards its recommendations to the state which has the final say. If the alcohol-related application is denied, the applicant/sponsor can still hold the event but without the sale of alcohol. I think it's important for the commission members to know that the council does not take any action on the actual application for an event. Their junsdiction is limited to any request to sell alcohol at any event Please pass this information on to the commission. Please let me know if you would like me to speak to the commission on the difference between an event application and the liquor permit ..process. Thanks kc Kathy Connelly, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, Arizona, 85119 480-474-5061 kconnelly(c ajcity net Please Note City offices are open Monday through Thursday, 7.00 a m to 6 00 p m , excluding holidays. i Rudy Esquivias From: Steve fugate <sfugate48@msn.com> Sent Sunday,January 18,2015 4:06 PM To: Rudy Esquivias Cc: CM Evans Subject: CUP 3-14 Mr. Rudy Esquivias, Reference the CUP request tendered by Mr. Mohiuddin for further commercial development of the so-called "Y" area; please be advised the owners of the residential properties immediately to the east are adamantly opposed to approval of CUP 3-14. Having experienced first-hand the events already conducted by Mr. Mohiuddin through the city's special event process,the two outdoor concerts and the weekly bull riding, I can say that our beautiful, quiet, up-scale neighborhood has been severely impacted in a very negative way. The now weekly bull-riding events already generate noise and traffic issues. The public address system can be heard inside our homes as can the noise generated by spectators cheering each contestants ride. The preparation for the event involves sound equipment testing which extends the noise issue well beyond the actual duration of the event. The two outdoor musical events noise levels were unbearable! Hours prior to the actual concerts, sound testing activities were initiated and could be heard inside our residences. Once the actual outdoor concerts occurred, the windows in my home vibrated and I could not hear my television inside my own home. The traffic issues already created by the sanctioning of current activities will increase markedly should this commercial enterprise be allowed to expand. Attempting to leave our neighborhood in a vehicle via Lost Dutchman Blvd. going west across Route 88 or attempting to turn north or south on Route 88 during any of these events is extremely dangerous.Traffic on Route 88 is traveling at 50 mph in both directions. This being the only route to and from the recreational lakes and scenic drives along the Historic Apache Trail, many users are towing all types of recreational equipment or are tourists/winter visitors unfamiliar with traffic on Route 88.The intersections of east-west direction residential streets with Route 88 are accidents waiting to happen. Residents of the area and frequent users of these roadways are familiar with the obvious danger associated with these intersections and exerxcise extreme caution and patients, particularly during the tourist season. Adding more traffic volume and physical distractions is knowingly creating a formula for disaster! On the date of one of the outside concert events I had guests in from out-of-town. Our plan was to barbeque on my back patio and enjoy the beauty and peaceful view of the Superstition 1 Mountains. Much to my disappointment, we could not hear one and other sitting directly across from each other. As a result I decided to vacate our plans and go elsewhere for diner. After almost 10 minutes I abandoned the attempt to cross Route 88 going west on Lost Dutchman Blvd, turned around and took surface neighborhood roads out of the area. I purchased my 1.25 acre parcel at 2225 N. Cortez Road some fifteen years ago because of its proximity to the Superstitions, its impressive views and quiet setting. I subsequently constructed a custom residential structure consistent with the setting and future plans of low density residential —development. I was aware of the zoning of the properties to the west abutting Route 88 but was not concerned because land to the east and south was zoned low density residential. The lands west of Cortez Road were vacant with the exception of a small convenience store/gas station and vehicle storage facility. These entities were "passive" commercial enterprises and were not detrimental to the beauty and peacefulness of the Superstitions or a threat to area residential property values. As a result I invested well in excess of$650,000 in the purchase of the land, construction of a custom home and completion of landscape ventures which were designed to conform with the rural environment and to accentuate the attractive and quiet setting of Apache Junction. The approval of further commercial development as proposed by Mr. Mohiuddin would so adversely affect the attractiveness and safety of our neighborhood, not to mention the undeniable and certain impact it would have on existing residential home values or the undeniable impact on future residential growth to the east and south, I find it almost unimaginable that such a proposal would receive any consideration! Already located within our city are more than adequate facilities that provide a viable means to conduct the activities Mr. Mohiuddin proposes to provide without any imposition on established neighborhoods or the creation of catastrophic traffic congestion. We have an impressive facility 'or rodeo type activities and a beautiful park with volleyball venues and playgrounds. If the applicant is truly interested in outdoor concert activities and cage fighting events he should approach the city with a proposal to make use of existing venues capable of supporting his endeavors. In conclusion, all current home owners facing west on N. Cortez Road between Lost Dutchman Blvd. and E. Windsong Street, respectfully request the application for CUP 3-14 be denied. The negative effect on our home values, negative affect on our daily lives inside our homes and the future of residential development in the area are at risk! From a personal standpoint, you and/or any of your staff are welcome to visit my home during any of the upcoming weekly events to experience first-hand the negative impact the current activities have on our daily lives inside our homes! We all plan to attend the January 27th Public Hearing. 2 Respectfully, Stephen Fugate 2225 N. Cortez Road Apache Junction, Az 85119 480-707-9390 3 REC'D JAN 22 2015 Proposed Venue Plans for the Hitching Post and Dash In Neighbors in the Superstition Mountain Area, This letter is to inform you about the proposed venue the plans at the Dash In and Hitching Post located at 2345 N.Apache Trail,Apache Junction,AZ 85119, at the corner of Highway 88 and Lost Dutchman Road Prior to the construction of the Bull Riding facility in the fall of 2014, the �► Hitching Post and Dash In were a gas station, convenience store,and restaurant The owner of the Hitching Post and Dash In(Mehmood Mohiuddin)has recently purchased the properties surrounding the existing facilities, and has submitted a proposal to the City of Apache Junction Planning and Zoning Commission(Case Number CUP-3-14)to enlarge the existing structures into an"outdoor entertainment venue"for cage-fighting, gun-fighting, concerts, and outdoor music festivals. As most of you know,this establishment is immediately adjacent to our residentially zoned area near Superstition Mountain. The City, in its infinite wisdom, only notified residents within 300 feet of the facility.Most residents are not aware of this proposal, and there is a meeting on Tuesday 27 January 2015, at the City Council Chambers, where the city plans to"... bring the CUP request back to the Commission on January 27th,with recommended conditions of approval ..."This facility would cover most of the area from Cortez Road west to Highway 88, between Foothill Street and Lost Dutchman Blvd. The residential area between Highway 88 and Goldfield Road is quiet,and a designated "Dark- Sky"Ordinance Zone Since the Bull Riding facility was constructed at the corner of Lost Dutchman and Highway 88, the residents have been subjected to 1)loud music, 2) loud PA announcements, 3) light pollution of the night sky, and,4)obstructed views of traffic at the intersection. The first three points are in direct conflict with the reasons most people move to this area. As you know, this residential area is composed primarily of custom homes, and people built here for the scenic views, dark skies, and the quiet The custom homes and residents in this area are no doubt a substantial source of tax dollars for the city and the county,and contribute substantially to the local economy The fourth point is a safety hazard at an intersection which is already dangerous due to the angle of Highway 88. We became residents of this area for the tranquility and beauty. When the residents purchased or built their homes here,the Dash In was a gas station and convenience store,not a venue for rodeos, cage fighting, and concerts. Just this Saturday, 10 January 2015, loud music began at 4:30 PM that could be heard clearly all the way to Goldfield Road and by 5.30 police were already at"Hitching Post". Lastly,the residents in this area will no doubt see a reduction in property resale values due to the major modification of the Dash In and Hitching Post for this rodeo, cage fighting, and concert venue. The city already allowed construction of the bull riding facility with outdoor lighting in neglect of the existing"Dark Sky Ordinance." It seems that before a major change was allowed adjacent to a residential area, the residents should have been notified and some type of Zoning Change hearings should have taken place. If you value the scenic views, dark skies, and quiet that surround us,please attend the meeting on Tuesday 27 January at the City Council Chambers 300 East Superstition Blvd, at 7PM, and voice your concern to the City before it is too late. RECV ,JAN27203 Complaint about the Bull Riding Activities at the Dash In and Hitching Post Mayor Insalaco, Members of the Council, Code Enforcement,&Planning and Zoning, This letter is to address complaints about the"Bull Riding"activities and proposed rodeo,gun fighting, cage fighting, and concert venue at the Dash In and Hitching Post Iocated at 2345 N Apache Trail, Apache Junction,AZ 85119. Prior to the construction of the Bull Riding facility, we had no complaints about the store,restaurant, and gas station,except for the fact that people tied their horses up to the outside rail in the mid-summer heat, with no available shade, while they drank inside the establishment. The residential area between Highway 88 and Goldfield Road is quiet, and a designated"Dal k- Sky"Ordinance Zone. Since the Bull Riding facility was constructed at the corner of Lost Dutchman and Highway 88,the residents have been subjected to 1) loud music, 2) loud PA announcements, 3)light pollution, and, 4)obstructed views of traffic at the intersection. The first three points are in direct conflict with the reasons most people move to this area. As you know, this residential area is composed primarily of custom homes,and people built here for the scenic views, dark skies, and the quiet. The custom homes and residents in this area are no doubt a substantial source of tax dollars for the city and the county,and contribute substantially to the local economy. The fourth point is a safety hazard at an intersection which is already dangerous due to the angle of Highway 88. We became residents of this area for the tranquility and beauty. When the residents purchased or built their homes here,the Dash In was a gas station and convenience store,not a venue for rodeo,cage fighting,and concert activities. We would not have been interested in purchasing property near this type of establishment.Just this Saturday, 10 January,loud music began at 4.30 PM that could be heard clearly all the way to Goldfield Road and by 5:30 police were already at "Hitching Post" The covered fence that surrounds the bull riding facility is an eyesore,and a safety hazard as it blocks the view of traffic traveling north on Highway 88 for persons at the intersection on Lost Dutchman. This is obviously an ugly afterthought and does not appear to be a pre-conceived and permitted part of the design. Many tourists and visitors drive in the Superstition Mountain arca for the beautiful views, and the bull riding facility is a blight on the landscape. Lastly,the residents in this area will no doubt see a reduction in property resale values due to the major modification of the Dash In and Hitching Post for this rodeo, cage fighting,and concert venue. It seems that before a major change was allowed adjacent to a residential area,the residents should have been notified and some type of Zoning Change hearings should have taken place. Think about it,would you want to this venue dumped into your quiet neighborhood. Your Neighbors, 7 _ _ CUP 3 . 14 A REQUEST FOR A CoU o T1 ONAL. usa PERMIT -ro CoN D UCT o uT OOOI E4TORTA1N Mt=4T N TW- i 1] t S ON F' OPERTIES A,DJACN`r TO Ot. NE , T14 1-IIT'CI4I 4G RST g sTAUg T, 1uCWpiM& Cc - CRTs, Gum FIGH-rs,TRAiL (iD15 OUTDOOR G! M 5 CAGE TIGHTS, ETC., J4D PARKING A eNs. E. UST DUTCH • BLVD/ 246' '40'' 172' HITCHtW 00 R4P / ass \V x0frc.o r ' �,�P , `�it F�� ', 001 C O. CO N W 176'\ 371' O U 003 N. COND1T+oNAL USE r4n 5u 53>✓CT PPoPERT S z 0 04 co 001E Z.-- -, � h 010A i ro- c./ 0 U 255' QCD 1251 / 620 CITY OF AJ 331 E. WINDsai1G 5- "• I ZOIUt4G+ VICII4ITV MAP ALL PKaPR- s si-1OWi4 MS zoNeD S-i CG�1V 1.-- CG MMEir.0 IA►L DisrR1C1 j. AJ Internal Viewer CUP 3 no 14 E LI6014614000 AEKIAL. Page 1 of 1 Apache Junction GIS I f,,. . 1 1L1 •r .., l... x •,S .• low -r ' , : 4/ ., ,4„ - , = A. ' -' ' • .j''''t—:'.1:-.5.1,''''':. :' w t -�, i�r ,. f ••r, `f1� _ *1•', .. �. ,R. , a H a , l N t ='I• ;to , �*— +.. y • :1.' r s,,:„. f i Ins � ' .. ' •'M J'i 4 y "1, 1` . A-ye 4,1 Y X y, .1 ,. .�, .. d� �^' -..�. ,�: art +1.:.# �( ;� ��,.• ly..'"!",„:7„: , _ :.. '4, -._ • ' ..: ,..,,•.1,1,..,,..„, r t tau r t ;, J } fi_�y k 4`. 51�"` rt. it. ' ' 1,.,1 ' -,,: j} ! ,.� x �:+ "1 t t�t fit"'` "Y c t��5 VD_ i 1 1 +4 ` *(... 1 <"1 �ww''}s� �� vl�.cr:'. t te,` "y:':` ,�4' Il r k'l Cs-•. tvs •'t Ft 9, h r l,.'. 1 41 t, 1 .f r.ry. 1* �`�t�' p p 4 tt l• 4 i «'.r}:1� {.iv, ,• �i ,q ,. 1 N i y' !„"'1 Pt 4 o(� * t A ,•. . 4 i :i e A $fg: 3' t j`�• s ti .:'," L .yr ' !' r.r„ V `-� ,e ` x ^`—.1 r � '.]+ �� Anise -t r # r kt j�i, .1s „�# .fir 1 t •t •=„ 714.1,1 lc.,,,11). 1 - ,f�}l�L�.��.1 �' ' r j .J ,.,;[ ?r;• 4 i �' < X•''•_ »� .i° r ra. °.a» iT �A.�.. [ 1. ' '' J f ° a - = S.f't4' $ r, -1' � i le'! 1. r iY • r .1. f ,m e -1* ;gar.: 7 trs r. 't, ?- -t. i - t '. dLL�l�__'l_t•__,•�y r,.�r V' t rI "a — , "P 7.`i — .' iiiii http://ajgis/AJInternal/ 1/7/2015 _ — _ _ _--- --------::: r. "''" c r,::. i • .t :, ,....art - r-•_ .Sys an '•1 g -e" s....�..•.��,r a 1 GATE- • , ti\ t1t;t it a f Y. e . . t . I, iir I i 1 - 1' i I n 17 A 1 vAt t 1 f , 4. , , ,et/ •. '" PC. , 4104, .', - 'r a F. C. j r-A tttagi tttt • r , r ef _ . , S y ...fit} ti+blfr :. e� vY Mf�r 4 . �� r, ie" y a 4 . r .. < 'i, T ,, z . 4�* 3 -.*-, t � w kr,',; u, • • { , 0. r M/ 1 , ~_. 7 l ja•.-�f'" y{ 1 i�*�i_•y "- , a . ...r _y y i� a ,„tom .%. _ i s 4 1 w. 6, __ 7"'- _•., 1.: - _ .'.:.�/Ii,K- t i"y �'�'df +? .y ip d tit s ., ,.., ',:,.';'b.._ It?la 7 -:?' ' ', .0„a.I•t:1:1.4.?.,...472.7'P',"',..e.'1,::-.4;;` , ' 4' 4'",. tees*..? -101:140,4S, GATE ..imp ill,Lilpro•-•. -" -'-111'-,,, 414....-iL,,, :li t _te ......r.4 • I.r-- , 1 -..----....-- -..:, iti.• . , It‘,1.7):.,A1 :•••:.14 . ,v ,.... , ..• ...........:tir,, 0.Akiik... . . _., ..w .r, I r N 4W9 N . C. .14. t4; . ` '/.' , .. ' k a.• ' * is I ''r.' a cAirsPAPNatiO ,,,,,,,•7%%%%% -.. - .0. ,,. 4j.,-4 t' .. .. ae *.......•;%:..;-:: --.:- •;1 1 , _- ,,... it, . s: .:. :... • 4- r . .. .2 0 .• I Z ', . P I. 91-1,„ , t a , •''‘,s '-..‘,0!;,`."' s'. Ilk \A „, 0 't , ,,, •• m, POK1A0 i - .t.... . it,.- " No 1011ter? iti ,,.• , .,....w.,,,,..%\.,.,,. 1 4i 4"- '.- . ..k, - " gr 45, •N• , 4,0: : ENTRANCE ,.7 . . 4 ' ,. ''' L'' . ' :, , .40*., ? -- , -• I •t, oasittil.. . _ 1...,. . 1„, :. ,• ,,..‘70.‘ ,, ,,,\ er ‘4' Wilf1196111 .. Iwo' ' ' IM145 e"4,4. -mg ,.-, • . MAC* ,-. , .:•-',',• - Is.. 4,'rfit •,,.., ..:, ; , ..._. .._ ,..,. .-.. ;k- ir 3 * '."'7 ''' ' /•-*: '.k,A ' . ,.• ,,''.- '' 'c,i'.-i - ',' 626'x 29r=185,922 sf „„„ ,--, 1,...•1. - '4 t ' , ' i .7 ', ,• 41(4' '7. ' t., .. 40 , . . ... 4.27 sere*of usratttla land , '..• --t-•. 4ifl% .., -` i v; Ai .. •r a fA, _,,, ... '‘.. •. )„...„,....14'....,; 162 parking spaces per nere '3'. '-;g1 titT• - .. . AI ,,, .fL.:, : ., ,,,.. 690 perking spaces maximum. 4;i ., . .1 .r.• , I, , ttrio . P44% ly- ev- , ,,..., ,.... - *,.. ..• e,.,. .. ,, 1.4.,, t_____ . . ... 2 _ ,,,. v • .-... 1: ......., __-• ... 47. -,.....4.-.. .,..:,,-..„,,,,:..0.-, ,,, A &. -. ;, i;::::lit,„,•"isy. . t:, al:, i. : • , , ,,:. • .. 40,p,IW...,,',... , 1.4 ' .it, ---,,--t•AA ,-,:,-; 7 ,. v ,w- •• --'•* -...,- . -$.• -. t t... . i ." • -!''01 kw. -.Al. , ,Q.•„--, 4., . ro,.....*, sok%111'.v•••""f . '. 1 .'"11!.-111 • -'',„- , -' .• - - ..404 A ,__.1.& .. ..1j,:,_!•11i/eXtt4":Ti ii 44:140tit/s1";? .i'c-.4‘.t TO le 1 ) Ink PROPOSED CONDITIONS OF APPROVAL FOR CUP-3-14 (With Code References) 1) The former approved Conditional Use Permit (P&Z Resolution No. CUP- 2-06) for a cell tower on parcel 100-25-001C is hereby rescinded. 2) Proper building permits shall be obtained and inspections and approvals received for any electrical, plumbing, remodeling, stages or scenery, signage or other property improvements which require permits, in accordance with the concept plans and narrative received for CUP-3-14. 3) The operators of the outdoor entertainment venue may use the freestanding sign (with the reader board) in front of the Hitching Post to advertise special events on the larger property; or a new free-standing monument sign may be placed on the event properties along the E. Lost Dutchman Boulevard or N. Apache Trail street frontages, in accordance with the city's "Sign Code" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-11 Sign Regulations) 4) All signage on the subject properties, including the Hitching Post/Dash In property, shall at all times be in compliance with the city's "Sign Code" (as referenced above) , including free-standing signs, permanent attached signs, window signs and banners 5) Landscaping and screening in accordance with the city's "Landscape Code" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-B Landscape Regulations) shall be provided within the property boundaries, along the E. Lost Dutchman Boulevard frontage and the N. Cortez Road frontage on the north and east perimeters of parcel 100-25-001C Also in accordance with the city's "Landscape Code" and regulations for "Fences and Walls" (Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-6 Supplemental Regulations, Section 1-3 Fences and Walls) , an 8-foot high decorative masonry wall shall be provided behind the landscape strips on the north and east sides of parcel 100-25-001C, except in front of the existing single-family home which faces Cortez; however, an 8-foot high masonry wall shall also be provided along the northerly and westerly sides of the single family home lot area. 6) Within 30 days of this CUP approval, the applicant shall provide to the city's Planning Division for staff's review and approval, a complete site plan showing where all of the proposed activities will be located on the property, including the concert stage, volleyball court (or similar activity area) , kid's games, porta john locations, etc. 7) All parking lots shall be treated for dust proofing in accordance with the options contained in the city's Engineering Guidelines for dust control mitigation, pursuant to Apache Junction City Code, Volume i, Chapter 9 Health and Sanitation, Section 9-1-3(B) Vehicles, Subsection 9-1-3(B) (6) , or other solutions accepted by the Development Services Engineer 8) Pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-12 Conditional Use Permits, Subsection 1-16-12(D) (5) Expiration, the applicants shall improve and begin operating the outdoor entertainment venue in accordance with the submitted drawings, narrative and prescribed conditions of approval, within 12 months of the granting of CUP-3-14 or else the CUP shall become void. 9) The owners of the properties shall ensure and take reasonable precautions that any outside music is at a level which does not disturb neighboring properties and that outside music is not offered past 10:00pm, local time. 10) No more than one (1) outdoor concert event per month shall be held. 11) This CUP for an outdoor entertainment venue shall not be transferable upon sale of any part of the property. 12) Within 12 months of this CUP approval, Planning Staff shall bring this item back for Commission review and consideration of further Commission requirements. 13) For all outdoor concert (or similar) events, the venue operators shall hire off-duty police officers to help with traffic control and safety Should any of the uses under this CUP become a demonstrated traffic safety hazard, a traffic study and/or additional traffic safety improvements may be required of the venue operators if warranted. 14) All requirements and obligations pertaining to the separate development agreement for the Hitching Post, Dash In and bull-riding venue remain in full force and effect. 15) This CUP shall be renewed in five (seven? ten? other?) years 16) Pursuant to Apache Junction City Code, Volume II, Land Development i. Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-12 Conditional Use Permits, Subsection 1-16-12(D) (6) Revocation, the Planning and Zoning Commission shall reserve the right to reconsider the Conditional Use Permit approval for the outdoor entertainment venue, at a new public hearing, for non- compliance with any condition prescribed as part of said CUP-3-14 permit approval, including sign violations or safety problems. ROLL CALL VOTE A NOTES. D " y-A 1 ` •,,,,,. D _ II 1 \j 41\Ve 0) 0 J' (1,0)x:o C6 1 \ l< ITEM# MEETING 0 h Dcti(d,i/ MOTION BY SECONDED BY: WI NO ABSTAINED COUNCILMEMBER WALDRON /ES COUNCILMEMBER EVANS J / COUNCILMEMBER SERDY ✓ VICE MAYOR BARKER COUNCILMEMBER WILSON I COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL Amok ITEM NO. 8 I MOVE THAT RESOLUTION NO. 15-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, (APPROVING/DENYING) A CONDITIONAL USE PERMIT, CASE NO 3-14, TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES, LOCATED AT THE SOUTHEAST CORNER AREA OF E. LOST DUTCHMAN BOULEVARD AND N APACHE TRAIL, ADJACENT TO OR NEAR THE HITCHING POST RESTAURANT, INCLUDING CONCERTS, GUN FIGHT SHOWS, VARIOUS OUTDOOR GAMES, KIDS GAMES AND OTHER SIMILAR ACTIVITIES, AS WELL AS PARKING ACCOMMODATION FOR THE EVENTS AND ACTIVITIES, (BE APPROVED) OR(BE DENIED) p .... , lL1:9 City of Apache Junction, Arizona 300 E Superstition ',"1.} Boulevard _r•` Agenda Item Cover Sheet Apache Junct,on,AZ 85119 Agenda Item No.9. lf, File ID: 15-23 Sponsor Anna McCray Agenda Date:3/17/2015 Index In Control'City Council Meeting Presentation and discussion on the city of Apache Junction boards and commissions Council will have the opportunity to provide staff with the additional information they desire on comparable organizations' boards and commissions Attachments: IN 16. City of Apache Junction,Arizona Page 1 Printed on 3/10/2015 Boards, Commissions and Committees of Comparable Organizations Board/Commission Apache Junction Mesa Queen Creek Goodyear Maricopa Marana Board of Adjustment X X X X X X Building Code Board of Appeals X X X X X X Discussion and consideration in Industrial Development Authority X X X X X progress Library Advisory Board-Citizens Advisory Group X X X X X* X Municipal Property/Development Corporation X X X X X X Parks and Recreation X X X X X* X Planning and Zoning X X X X X X Public Safety Personnel Retirement System Board X X X X X X Health and Human Services or Non-Profit Funding Evaluation X X X** X X** Sewer/Utilities Board X X Age Friendly X Arts,Community&Cultural Development X X* Budget,Audit,Finance&Enterprise Public Safety X X X Citizens'Forum X X _Development Advisory Forum _ X ) Design Review Board X . Downtown Vision Committee X X Economic Development Advisory Board X X Employee Benefits Advisory Board X X* Government Affairs X * combined board,commission or committee **assumed by Budget Committee ) ) Boards, Cc. )nissions and Committees of Comparable Organizations Board/Commission Apache Junction Mesa Queen Creek Goodyear Maricopa Marana Historic Preservation Board-Heritage District X X X _ Housing&Community Development Advisory Board X Human Relations Advisory Board X Independent Commisison on Compensation for Elected Officials X Judicial Advisory Council X Marketing&Communications Council Subcommittee X Merit System Board X X Museum and Cultural Board X Personnel Appeals Board X X* X Redistricting Commission X Sustainability&Transportation X Transportation Advisory X X X Trusts Fund Board X Youth Council X X X Vision-General Plan Steering Committee X X Water Planning Committee X * combined board, commission or committee _ ** assumed by Budget Committee ITEM NO. 9 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES ii\\U 4/ \1 °( \ ,1 ( � ITEM # MA\ MEETING OF MOTION BY SECONDED BY: C�� YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER I COUNCILMEMBER RIZZI J COUNCILMEMBER WALDRON 1 COUNCILMEMBER SERDY ✓/ COUNCILMEMBER WILSON ✓. MAYOR INSALACO J r. UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NOS. 10-11 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M , AND A WORK SESSION AT 7 00 P.M., BE HELD ON MONDAY, APRIL 6, 2015, 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, APRIL 7, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. 7C6 ADJOURNMENT: 5 I MOVE THAT THE MEETING BE ADJOURNED AT P M. ROLL CALL WS: REG I) SPEC CITY COUNCIL P I A P / A P / A r MAYOR INSALACO VICE MAYOR BARKER COUNCILMEMBER EVANS COUNCILMEMBER RIZZI } COUNCILMEMBER SERDY 1 j COUNCILMEMBER WALDRON ✓ COUNCILMEMBER WILSON V TOTAL 7 CITY STAFF: 7\ i1 City Manager George Hoffman ^�L Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager Matt Busby OTHERS: c71J Date. /7 3' CITY OF APACHE JUNCTION Please select art/option: REQUEST TO SPEAK FORM Item No. ;'e5, "5 OR Call to The Public *4, (One Form Per lte • 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 Si ❑ I am in favor of the proposed Item. [p.1-am opposed to the proposed Item. Name (Print) ' vtidt A ee 5 it ? ,f Address City Zip Code (0) 2_00wirr-tq Aka. e . _ 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