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HomeMy WebLinkAbout2015 04.21 City Council Regular Agenda 1.r.-I ►r1T� City of Apache Junction, Arizona Meeting location 4r k' City Council Chambers • w's; ,1 at City Hall Agenda 300E Superstition Blvd Apache Junction,AZ 85119 City Council Meeting www ajaty net Ph (480)982-8002 Tuesday,April 21,2015 7:00 PM City Council Chambers AIM 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 hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1 Consideration of acceptance of agenda 2. Consideration of approval of minutes of regular meeting of April 7, 2015 3 Consideration and action of on call landscape architectural consulting services Staff respectfully request the mayor and city .••. council consider approving a prioritized short list of consultants to provide on call landscape architectural services 4. Consideration of Resolution No 15-12, renewing the city's membership with the Arizona Metropolitan Trust (AzMT), provider of medical and dental benefits for city employees, which expires on June 30, 2015 5 Consideration of Resolution No 15-11, approving and authorizing an interfund balance loan in an amount not to exceed $10,000,000 00 for roadway improvements, authorizing the taking of all other actions necessary to consummate the transaction contemplated by this resolution, and declaring an emergency 6 Consideration of a proposed contract with Cutler Repaving, Inc for PWC2014-01 Apache Trail Road Improvements- Phase 2 in an amount not to exceed $1,949,086 94 Staff respectfully requests council approval of this item City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 City Council Meeting Agenda April 21,2015 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 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries 7 City manager's report H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 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 This item was continued from the City Council meeting of March 17, 2015 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 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 4/14/2015 City Council Meeting Agenda April 21,2015 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 9. Direction to staff on dates, times and locations for joint meetings with the Apache Junction Unified School District Board As discussed at the April 20 work session, council may wish to select dates, times and locations for joint public meetings with the Apache Junction Unified School District Board to discuss issues such as use of district facilities, shared use of jointly developed facilities and joint programs and partnered activities L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10. Selection of dates, times and locations for Fiscal Year(FY) 2015-2016 budget work session(s), tentative budget adoption and final budget adoption As part of the FY 2015-2016 budget process, council may wish to hold work sessions to discuss the budget Public hearings are required for tentative and final budget adoption 11 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, May 4, 2015 12 Executive Session at 5.45 P M and Work Session at 7 00 P M will be held on Tuesday, May 5, 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 written"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the junsdiction 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 may be 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 4/14/2015 AN. CITY COUNCIL REGULAR MEETING APRIL 7, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 7, 2015, at the Apache Junction City Council Chambers pursuant to the notice — required by law CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present. Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Oft! Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly City Engineer Emile Schmid Development Services Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 1 OF 12 Others Present. Public Information Officer/Marketing Communications Specialist Constance Halonen-Wilson ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED: AND A THAT THE AWARD OF BID FOR PROJECT PWC2014-01, APACHE TRAIL ROAD IMPROVEMENTS - PHASE 1, BE AWARDED THROUGH CITY OF CHANDLER COOPERATIVE CONTRACT NO. ST5-745-3435 TO VINCON, LLC IN THE AMOUNT OF $221, 815 25 PLUS 20% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $44, 363. 05 FOR A TOTAL AMOUNT NOT TO EXCEED $266, 189 30; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY Councilmember Wilson SECONDED THE MOTION. VOTE. Unanimous The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Geno Larkins, Chair of the Veteran' s Day Committee, presented the city with a new set of flags for the Focal Point. Mayor Insalaco commented the flags and the poles have all been donated by the American Legion and both Veterans of Foreign Wars posts He and Councilmember Waldron approached the groups when es the city was looking at doing the Focal Point and in 30 days they had the money for it. The groups promised to keep the city in flags and they are honoring their promise. Public Information Officer/Marketing Communications Specialist Constance Halonen-Wilson briefed the council on the 17th Citizen Leadership Institute which had 19 graduates, making a total of 316 people who have graduated from the program. Mayor Insalaco presented certificates of graduation to latest graduates . REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 2 OF 12 Mayor Insalaco read a proclamation designating April 12-18, 2015 as the "Week of the Young Child in Apache Junction" and presented it to Shannon Fontez from First Things First who briefed the council on a learning project showing how early childhood experiences and support impact adults. Mayor Insalaco read a proclamation designating April 12-18, 2015 /IN as "National Volunteer Week" and presented it to Auxiliary Patrol Lieutenant Will Haynes. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented he went to Washington, D C with the governor of the Gila River Indian Community, the president and vice president of Salt River Pima on the Keep Your Promise legislation. Maria Sims, councilmember from Paradise Valley and the legal policy advisor for Arizona Attorney General Mark Brnovich was there The bill was heard in the national research committee where an amendment was defeated. It has been moved on to the floor vote which will probably be next month Councilmember Waldron thanked everyone who attended or was involved with Operation Welcome Home Thursday evening Sergeant Kevin Mohn was welcomed home and is hopefully the first of many. Vice Mayor Barker commented she, Councilmember Evans and various members of staff watched a webinar last week on bike lanes. They hope to utilize the knowledge learned with the new bike lanes on Apache Trail . She commented on some of the different bike lanes presented Councilmember Evans reminded everyone of the Earth Day Celebration to be held April 18 at Earth Heart Park. Ten thousand ladybugs have been donated to be released by children and there will be a lot of events for kids to do for free. Three youth bands will be playing. It goes from 7 a m. to 3 p.m. Mayor Insalaco commented on an East Valley Mayors Prayer Breakfast he and the assistant city manager attended. They had approximately 300 people there and he gave the opening prayer. All the different religions got up and talked and they all ended up the same place. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 3 OF 12 es ems Mayor Insalaco commented there was a very bad accident during Bike Week last week. A motorcycle was hit by a car, killing the husband and wife on board from New Mexico. The mortuary called for assistance to transport them to the freeway so that nothing would happen to them Forty motorcycles, some from New Mexico and the hearses from New Mexico, were assisted by the police and volunteers. They blocked off everything from Superstition and ems Idaho to the freeway He thanked the volunteers as he was notified Friday and this went off without a hitch on Saturday morning. He thanked the chief and all his men for their assistance. Assistant City Manager Bryant Powell stated they received a call from one of the motorcyclists in the ride thanking the city and volunteer staff for being a part of it and making it so successful and safe. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the first step in fixing the Apache Trail. He read a letter from the homeowners president of Apache Villa thanking the city for taking care of the traffic concerns in the neighborhood. He then recognized Alaya Walton of Cactus Canyon Junior High for winning the Pinal County Spelling Bee on February 20. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH FOR A FUNDRAISER ON APRIL 11, 2015 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Sandie Smith addressed the council She stated it is appropriate as they are here celebrating youth tonight. When she was a Pinal County REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 4 OF 12 supervisor she built jails, set up probation and different things they had to have. It is better money spent to invest in the youth. She thanked the council for all the support they have given them over the years. Without a team, no one can do it by themselves. They have a whole community that embraces youth and she really appreciates it. oak. Branch Executive Tim Sicocan stated this event would not happen without all the hundreds of hours from friends of the boys and girls club. The amount of money raised to go back for scholarships for their programs is tremendous . It allows youth from no matter what financial status to attend quality state programs for them. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, SUBMITTED BY TIM SICOCAN, FOR APRIL 11, 2015, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES/PATIO PERMIT FOR THE HITCHING POST PIZZA AND PUB City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented the applicant is not here. He opened the public hearing on the REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 5 OF 12 /s /s item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Vice Mayor Barker commented she had read the letter written by Development Services Director Larry Kirch on April 7 wherein it states he met with Mr. Mohiuddin on March 30. She asked if the letter is talking about this specific application when it states Mr. Mohiuddin stated he is no longer interested in the conditional use permit and the extension of premises. Development Services Director Larry Kirch stated that is correct There is also the item coming up on April 21 which is the continuance on the conditional use permit Vice Mayor Barker commented she wanted to verify it was as she had heard the city had received some kind of information he wanted to withdraw this application. She had not seen it in writing. Development Services Director Larry Kirch stated he thinks the city clerk was saying that came through an email which was not Mr. Mohiuddin' s personal email. They can honor that if they wish As he understands, Mr. Mohiuddin is out of the country now. Vice Mayor Barker asked if Mr. Mohiuddin did state to him that he wished to withdraw and was no longer interested in this . Development Services Director Larry Kirch stated he believes it is the same thing for the conditional use permit. He did not see that there was going to be an agreement with the neighbors and wanted to move on. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker commented since they have received a request to withdraw, she MOVED THAT WE HONOR THE APPLICANT' S REQUEST TO WITHDRAW THE EXTENSION OF PREMISES AND AT THAT POINT NO ACTION WOULD BE NECESSARY. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 6 OF 12 O Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. I1 OLD BUSINESS RESOLUTION NO. 15-09, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR FISCAL YEAR 2014-2015 Assistant City Manager Bryant Powell briefed the council on the item. Vice Mayor Barker asked Assistant to the City Manager Matt Busby what would happen if someone were already over the maximum wage and how that would work. Assistant to the City Manager Matt Busby stated the consultant is here and he requested him to explain what will happen with those who are already at the top of the new range, how it impacted them and how many were affected. Mr. Matt Weatherly of Public Sector stated the proposed plan contains steps, the implementation of which requires everybody to land on a step. Nobody is going backwards, but there are three individuals that will be at the top step. There are another three or four eN individuals where their current salary is over the top step. As good leaders do, just about every year they need to ask themselves the question what they are going to do Will they do a cost of living or general increase and whether or not these individuals, some that are above the current structure, by adopting this structure they will either be at or above the top. The question, and to a degree a policy decision, an annual discussion about if they are still eligible for something. Are they eligible for a cost of living adjustment or for a merit will need to be determined Part of it could be a function of their longevity. It is not too surprising in the public sector to see individuals with a great deal of time in their position REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 7 OF 12 ems es It is not to say they are overpaid but the range is really an expression from a new hire to a journey level to a potentially long-tenured individual. There are a few bright spots here. They want more people to reach the top of their range. It is not as bad as it sounds as long as the range remains market appropriate and market sensitive. The goal, whether every two, three, four years is to look at survey data and address and assess the appropriateness of the ranges. If there is anybody ems at or above the top, then determine if they are still eligible for a cost of living adjustment or a merit, or maybe they do that in a lump sum instead of adding to their base pay. Over the progression of any plan, it has been awesome. It has been ten or eleven years since the last study was done and there were only a handful really below the minimum and above the maximum. Even sometimes by accident, they were pretty close. Most people are going to fall between that entry step and that top out step, as implementation of a new plan often dictates. This plan addresses those below minimum and gets them into the plan. There are probably six or seven that are affected by either being at the top step or already just slightly above it. Assistant to the City Manager Matt Busby stated no employee will lose money. If they are over or above the top step they are not going to bring them back down and make them lose salary to put them on a step. They will stay where they are. Vice Mayor Barker commented if she understands correctly, and she is not sure she does, merit and cost of living adjustment are not part of this compensation plan or they are. Mr Matt Weatherly stated he believes they do evaluate how employees are meeting their goals and objectives, whether in a team setting or individual setting. He would defer that piece to staff. Vice Mayor Barker commented because he addressed those who were on top or perhaps over the top, and he brought up merit and cost of living adjustments, she wondered where they were addressed. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 8 OF 12 Auk Mr. Matt Weatherly stated he just wanted to make sure on an annual basis However they administer salaries, be it through a cost of living adjustment, general increase or a merit, they always want to look at where somebody is in that range and what they might be eligible for, if it is a global or individual type of setting. Amok Councilmember Wilson asked if that is something they would need to have in the plan to make it a policy. Assistant to the City Manager Matt Busby stated the classification and compensation plan is a step-based system. That is the plan There is a title and a salary grade that falls on this compensation plan with various steps. The idea is that each year or however often the city can afford it the city will use the step system. As we assess our budget each year, as we assess the market place and the city' s ability to pay the employees, they may do something. They do not call them cost of living adjustments, but they might call them a general increase. Assistant City Manager Bryant Powell stated one of his biggest concerns is when they adopted the original step plan eight years ago they never implemented it . He is proposing a step plan where they can start moving employees . They have two issues . They need to have the issue of compression dealt with. They are proposing to deal with that in January. Tonight they are getting the classification and compensation plan adopted and start working towards a step plan in July with the new fiscal year. It is a 2 . 5% instead of the higher 4 . 3% . They will then look at each year, depending on budget and revenues, to see if they can move the range which would get the three that are above back in the range. That will be dependent on where the city is at year by year. Councilmember Rizzi asked if the study also entailed looking over any job descriptions and making any changes as well . Assistant City Manager Bryant Powell stated absolutely. It was a big part of the classification part and it got our job descriptions in line with REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 9 OF 12 Adak oosak, the market as well . This is something they will keep working at and always will be working at. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-09, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION CLASSIFICATION PLAN AMENDED FOR FISCAL YEAR 2014-2015", "CITY OF APACHE JUNCTION CIVILIAN COMPENSATION PLAN AMENDED FOR FISCAL YEAR 2014-2015"; AND "CITY OF APACHE JUNCTION RECRUIT AND SWORN COMPENSATION PLAN AMENDED FOR 2014-2015"; ESTABLISHING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous The motion carried. NEW BUSINESS None. DIRECTION TO STAFF None. Amok SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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, APRIL 20, 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 21, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 10 OF 12 Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous . The motion carried. CALL TO THE PUBLIC Ms. Karen Sundt, 619 S. Camino Sereno, Apache Junction, addressed the council regarding Ordinance No 173 (F) , large truck and recreational vehicle parking in city limits. A person had more than one recreational vehicle and they were asked to move two of them even though they were hidden in the backyard Mayor Insalaco requested staff contact her and follow up on this. Assistant City Manager Bryant Powell stated they would. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 48 p.m. Consent Agenda Items are as follows : 1 Consideration of acceptance of agenda 2 . Consideration of approval of minutes of regular meeting of March 17, 2015. 3. The mayor and city council shall consider the proposed contract with Vincon, LLC for PWC2014-01 Apache Trail Improvements - Phase 1 in an amount not to exceed $266, 178. 30. ACCEPTED THIS 21ST DAY OF APRIL, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF APRIL, 2015. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 11 OF 12 eS JOHN S. INSALACO Mayor ATTEST: oms 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 7th day of April, 2015 I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of April, 2015. KATHLEEN CONNELLY City Clerk e REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2015 PAGE 12 OF 12 Ir~: City of Apache Junction, Arizona 300ESuperstition (11117t`' � '�!k Boulevard 4 Apache Junction,AZ 85119 .� rl Agenda Item Cover Sheet Agenda Item No 3. "'-}rf �' File ID: 15-48 Sponsor. Nick Blake Agenda Date•4/21/2015 Index. In Control.City Council Meeting Consideration and action of on call landscape architectural consulting services Staff respectfully request the mayor and city council consider approving a prioritized short list of consultants to provide on call landscape architectural services Attachments. City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 APACHE JUNCTION PAAR5&RIC IIAIIOl City o ache Junction f p .7-Come of the Superstition Mountains Parks and Rfcreatwn cDepartment located at the Northeast corner of Superstztion cBCvd eZ Idaho Road OuN March 11,2015 Memo To City of Apache Junction Mayor and City Council Through- Bryant Powell,Assistant City Manager Through- Jeff Bell, Parks and Recreation Director From Nick Blake,Parks Superintendant Re Landscape Architectural"On Call" Services The Apache Junction Parks and Recreation Department recently accepted submittals for the Request for Statement of Qualifications and Experience for General Landscape Architectural Services with sixteen consultant firms responding From those firms six were selected for interviews and presentations regarding their qualifications on March 10, 2015. Those firms that were selected for interview were Environmental Planning Group,LLC Floor Associates J2 Engineering and Environmental Design Kimley-Horn and Associates, Inc Logan Simpson Design, Inc OTAK Following the interviews and presentations three firms were selected for the negotiation "short list". Those firms are listed below in order of preference J2 Engmeermg and Environmental Design Environmental Planning Group, LLC Kimley-Horn and Associates, Inc Under State of Arizona professional service procurement procedures,the Parks and Recreation Department will negotiate services for any landscape architectural related projects with the consultants in the order listed above for the next year with a renewal option for four additional years Staff is recommending and seeking City Council approval to proceed with entering into Professional Services Agreements on an "on call"basis with the above short listed firms as described above. 300 E SUPERSTITION BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice* (480)982-2438 Fax *(480)983-0095TDD City300E Superstition ofApache unction, Arizona kYg, Boulevard .41672:- -�� Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.4. File ID: 15-72 Sponsor Bryant Powell Agenda Date.4/21/2015 Index. In Control.City Council Meeting Consideration of Resolution No 15-12, renewing the city's membership with the Arizona Metropolitan Trust(AzMT), provider of medical and dental benefits for city employees, which expires on June 30, 2015 • Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 RESOLUTION NO 15-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY' S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST. WHEREAS, the City of Apache Junction ("City") is currently a participating entity in the Arizona Metropolitan Trust ("AzMT") which is the health insurance provider the City and other public entities have collectively chosen in 2012 pursuant to A R.S . §11-952 . 01 for its health insurance needs; and WHEREAS, the City' s current term of membership as a participating entity shall expire on June 30 , 2015, and WHEREAS, AzMT' s Board of Trustees has offered a renewal membership to Apache Junction commencing July 01, 2015; and WHEREAS, the City wishes to renew its participation in AzMT for a three (3) year membership period commencing July 01, 2015 and terminating June 30, 2018 , and WHEREAS, renewal of the City' s membership in AzMT will serve the interest of the City and its employees WHEREAS, AzMT authorizes each participating entity to designate one trustee for the Board of Trustees and allows .^ for one other management level staff member employed by the same entity to serve as an alternate trustee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUCNTION, ARIZONA, AS FOLLOWS. SECTION 1 - The Apache Junction City Council hereby authorizes the renewal of the City' s membership in AzMT for the period commencing July 01, 2015 and terminating June 30, 2018 . RESOLUTION NO. 15-12 Page 1 of 2 i►. .... SECTION 2 - The Apache Junction City Council hereby authorizes the City Manager serve as the trustee and a management level staff member employed by the City serve as an alternate trustee PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE Al Illk CITY OF APACHE JUNCTION, ARIZONA THIS _ DAY OF 2015 SIGNED AND ATTESTED TO THIS DAY OF , 2015. JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM Amok R JOEL STERN City Attorney RESOLUTION NO. 15-12 Page 2 of 2 .► , 7=€1.' .. City of Apache Junction, Arizona 300 E Superstition Boulevard V. r 4,".0-- J Apache Junction AZ 85119 Agenda Item Cover Sheet Agenda Item No 5 `IL t f'iL.-"1.'' File ID: 15-74 Sponsor Matt Busby Agenda Date:4/21/2015 Index. Budgetary Item, Community Infrastructure In Control•City Council Meeting ..., Consideration of Resolution No 15-11, approving and authorizing an interfund balance loan in an amount not to exceed $10,000,000 00 for roadway improvements, authorizing the taking of all other actions necessary to consummate the transaction contemplated by this resolution, and declaring an emergency The purpose of the proposed Resolution No 15-11 is to allow the City to accelerate street and road improvements by borrowing against projected receivables from the 0 2% Sales Tax established by Ordinance No 1406 and from state distributions of Highway User Revenue Funds As an alternative to selling bonds, placing bonds, and/or borrowing from an external third party to accelerate the street and road improvements, the City can lend funds internally from General Fund Balances In contrast to bonds or external third party loans, the City can reduce or eliminate interest expense, transaction costs, credit enhancement costs, and annual debt management costs through the proposed internal borrowing The proposed resolution is modeled after previous City resolutions that authorized bond issues and loans where the City obligated itself to repay bondholders or third party lenders While the proposed resolution follows these past precedents to create a repayment obligation, the advantage of the "Interfund Balance Loan"as documented by the resolution is that future Councils can respond to changing circumstances and amend the terms and conditions of the repayment Another advantage of the resolution as written is Council authorization for staff to notice existing or future lenders of the repayment obligation and the negotiable lien against the 0 2% Sales Tax The use of the terms"Interfund Balance"facilitates accounting and reporting of the obligation within reports to Council, budgets, and financial statements The term"Loan" is intended to ... convey Council intent to repay the General Fund In summary, this Resolution (1)documents an alternative to selling or placing debt, (2)creates an institutional memory that ensures the loan from the General Fund is documented and eventually repaid, (3)and creates a flexible authorization that can be rescinded or modified as circumstances change Attachments: City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 ^ ^ RESOLUTION NO. 15-11 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND AUTHORIZING AN INTERFUND BALANCE LOAN IN AN AMOUNT NOT TO EXCEED $10, 000, 000; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO 'Walk CONSUMMATE THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and City Council of the City Apache Junction, Arizona ("City) has determined it is beneficial to its citizens to finance the costs to improve streets and roads (the "Project") ; and WHEREAS, the council has established a Highway User Revenue Fund ("HURF") for State and County intergovernmental funds designated for right-of-way acquisition, construction, reconstruction, maintenance, repair, and roadside development of roads, streets, and bridges; and WHEREAS, the council has established a two tenths-cent (0 . 2%) sales tax designated for the Project pursuant to Ordinance No. 1406 ("Project Sales Tax") ; and WHEREAS, the council has determined that it will be beneficial to its citizens to accelerate the completion of the Project; and WHEREAS, the council has determined it is beneficial to finance the Project through an Interfund Balance Loan from the Aolk city' s general fund in an amount not to exceed $10, 000, 000 and to repay the Interfund Balance Loan from HURF, the Project Sales Tax, and any other lawfully available source NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : 1) The financing of the Project pursuant to the Interfund Balance Loan is in furtherance of the purposes of the city and in the public interest. 2) The terms and provisions of the Interfund Balance Loan shall be documented pursuant to this resolution (including Attachment A) as amended and restated by the council . The adoption of this resolution shall be conclusive evidence of approval of the Interfund Balance Loan. This resolution shall RESOLUTION NO. 15-11 Page 1 of 5 be and remain in effect until the Interfund Balance Loan has been paid, cancelled, and discharged. 3) The obligation of the city to pay the Interfund Balance Loan is limited to payment from HURF, the Project Sales Tax, and any other lawfully available source of repayment and shall not constitute nor give rise to a general obligation of the city or any claim against its ad valorem taxing powers, or p constitute an indebtedness within the meaning of any statutory or constitutional debt limitation applicable to the city. 4) The city manager and finance director shall disclose and provide notice of the Interfund Balance Loan to any existing or future lender or bondholder of any obligation of the city and its component units . Existing or future lenders can include, but are not limited to, the Greater Arizona Development Authority, Pinal County (Arizona) , and the Water Infrastructure Finance Authority of Arizona. As required by the terms of any prior or future obligation, the city manager and finance director are hereby directed and authorized to amend or negotiate the terms and provisions of any obligation to acknowledge and reference the Interfund Balance Loan as parity, subordinated, or junior obligation. 5) The city manager and finance director shall separately account for and present in budgets and financial statements the revenues and expenditures from the Project Sales Tax. As part of the annual budget process, the city manager and finance director shall present an annual accounting of the payments and projected payments to the general fund for the Interfund Balance Loan. 6) All formal actions of the mayor and council concerning and relating to the passage of this resolution were taken in an open meeting of the mayor and council, and all deliberations of the mayor and council and of any committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements . 7) All acts and conditions necessary precedent to the Interfund Balance Loan to make it a legal, valid and binding obligation have been performed and have been met, in regular and due form as required by law, and no statutory, charter or constitutional limitation of indebtedness or taxation will have been exceeded by the Interfund Balance Loan. 8) If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal RESOLUTION NO. 15-11 Page 2 of 5 or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The mayor and council hereby declare that it would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the Interfund Balance Loan pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable. All resolutions or parts thereof, inconsistent herewith, are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any resolution or any part thereof. 9) All actions of the officers and agents of the city which conform to the purposes and intent of this Resolution and which further the Interfund Balance Loan as contemplated by this resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The appropriate officials and officers of the city are hereby authorized and directed to take all action necessary or reasonably required to carry out, give effect to and to consummate the actions contemplated by this resolution, the Interfund Balance Loan, and the execution of any other documents reasonably required in connection therewith. 10) The immediate operation of the provisions of this resolution is necessary for the preservation of the public health and welfare; therefore, an emergency is hereby declared to exist and this resolution is enacted as an emergency measure and shall be in full force and effect from and after the passage and adoption by the mayor and council, as required by law, and this resolution is hereby exempt from the referendum provisions of the constitution and laws of the State of Arizona. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF , 2015 . SIGNED AND ATTESTED TO THIS DAY OF , 2015 JOHN S. INSALACO Mayor RESOLUTION NO. 15-11 Page 3 of 5 ATTEST: KATHLEEN CONNELLY City Clerk iim ilk APPROVED AS TO FORM: R. JOEL STERN City Attorney "tow RESOLUTION NO. 15-11 Page 4 of 5 RESOLUTION NO. 15-11 Attachment A Interfund Balance Loan As of April 6, 2015 Section A-1: Project Funding, Before Repayment ofInterfund Balance Loan 0.2% Sales Tax 5,204,040 General Fund 6,090,662 HURF 2,675,000 $ 13,969,702 Section A-2: Project Funding, After Repayment ofInterfund Balance Loan 0 2% Sales Tax 9,754,628 General Fund 340,074 HURF 3,875,000 $ 13,969,702 Section A-3: Project Expenses Fiscal 0 2% General Fiscal Year Year Year Sales Tax Fund HURF Total 2014-15 1 - - - $ - 2015-16 2 1,000,000 788,034 1,475,000 $ 3,263,034 2016-17 3 1,020,000 1,668,334 300,000 $ 2,988,334 2017-18 4 1,040,400 1,647,934 300,000 $ 2,988,334 2018-19 5 1,061,208 1,117,542 300,000 $ 2,478,750 2019-20 6 1,082,432 868,818 300,000 $ 2,251,250 Total $ 5,204,040 $ 6,090,662 $ 2,675,000 $ 13,969,702 Section A-4: Interfund Balance Loan Fiscal General Fund 0.2% Sales Tax HURF Loan Ending Year Year Loan Draws Repayment Repayment Balance 2014-15 1 - - - - 2015-16 2 788,034 - - 788,034 2016-17 3 1,668,334 - - 2,456,368 2017-18 4 1,647,934 - - 4,104,302 2018-19 5 1,117,542 - - 5,221,844 2019-20 6 868,818 - - 6,090,662 2020-21 7 - 1,104,081 300,000 4,686,581 2021-22 8 - 1,126,162 300,000 3,260,419 2022-23 9 - 1,148,686 300,000 1,811,733 2023-24 10 - 1,171,659 300,000 340,074 Total $ 6,090,662 $ 4,550,588 $ 1,200,000 $ 340,074 RESOLUTION NO. 15-11 Attachment A City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 >t / Agenda Item No 6 File ID: 15-88 sponsor- Emile Schmid Agenda Date:4/21/2015 Index Community Infrastructure In Control:City Council Meeting Consideration of a proposed contract with Cutler Repaving, Inc for PWC2014-01 Apache Trail Road Improvements- Phase 2 in an amount not to exceed $1,949,086 94 Staff respectfully requests council approval of this item Attachments. City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 p ACNE Public Works Department e*L 7GAP��u trAv-wv l ,' , Home of the Superstition Mountains - pt, April 14, 2015 ^ Memorandum to Honorable Mayor and Members of the Council Through. Bryant Powell, Assistant City Manager Giao Pham P E , Director of Public Works From• Emile Schmid P.E , City Engineer Regarding. Award of Bid for Project PWC2014-01 Apache Trail Road Improvements—Phase 2 Public Works staff has decided to use a hot-in-place recycling process for the reconstruction of Apache Trail There is only one contractor in the nation, Cutler Repaving, Inc., utilizing this technology Staff has been working with Cutler Repaving to finalize their cost for this effort. A cost of$1,847,143 12 was provided by Cutler Repaving on April 14, 2015 Phase 2 of the Apache Trial road improvement project includes removal and replacement of 115,000 square yards of asphalt pavement, replacement of 80 traffic detector loop locations, 90,225 linear feet of lane striping, painting of 108 traffic symbols, and 38 adjustments of manholes, valves, and survey monuments, and other pavement related improvements Work is scheduled to be completed by May 31, 2015. Cost Proposal Summary Total Cutler Repaving, Inc. $1,949,086.83 (Cost$1,847,143 12 + TP Tax$101,943 83) Engineer's Cost Estimate $1,996,677 00 The Public Works Department recommends award to Cutler Repaving, Inc for their cost proposal in the amount of$1,949,086.83 utilizing City of Scottsdale Cooperative Contract No. 13PB039. RECOMMENDED MOTION: I MOVE TO AWARD PROJECT PWC2014-01 APACHE TRAIL ROAD IMPROVEMENTS- PHASE 2 TO CUTLER REPAVING, INC. IN THE AMOUNT OF$1,949,086.83, PLUS 20% FOR UNFORESEEN CHANGE ORDERS, $389,817.39, FOR A TOTAL OF$2,338,904.33. 575 E Baseline Avenue, Apache Junction, Arizona 85119 Tel (480) 982-1055 • FAX (480) 982-8005 CITY OF APACHE JUNCTION CONSTRUCTION AGREEMENT PROJECT: PWC2014-01 Apache Trail / Old West Highway Improvements THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and CUTLER REPAVING, INCORPORATED, an Arizona corporation, ("Contractor") , sometimes collectively referred to as the "Parties" and individually as a "Party" RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in Proposal Number Cutler-1 and Contractor' s estimate dated 04/13/2015 (the "Contract Documents") . B City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Vol . I, Chapter 3 , Administration, Article 3-7, Procurement Procedures. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows : 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in Proposal Number Cutler-1 and Contractor' s estimate dated 04/13/2015 including, but not limited to. A 115, 000 Square Yards Linear feet of removal of concrete curb. B. 80 Each of traffic detector loop replacement C. 90, 255 Linear Feet of road striping D. 108 Each of traffic symbols (painted) E 38 Each of utility manhole/valve/survey monument adjustments F. Provide traffic control, including uniformed police 2 . PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed one million nine hundred forty nine thousand eighty six dollars and ninety four cents ($1, 949, 086 . 94) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed Change Orders . All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees . 3 . CONTRACT TERM: Contractor hereby fixes the time for completion of said Work as May 31, 2015 This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor Extensions may be approved at times as the Parties mutually deem fit 4 . LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5 . INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the 2 Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a Change Order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above Allow 7 . TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work Contractor represents and warrants that any license necessary to 3 perform the Work under this Agreement is current and valid Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol . I, and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk' s Office. 9 . INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents . Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10 . SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project . Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 4 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or Ask connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval . All subcontractors shall be identified by Contractor prior to award of contract Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City 14 . APPLICABLE LAW AND VENUE: 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 right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal 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. 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 in 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 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance 5 with companies duly licensed, possessing a current A.M. Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement . Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or service The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit . City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 6 REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2 , 000, 000 Products/Completed Operations Aggregate and a 'oak $2, 000, 000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc . Policy Form No CG 00011093 , or any replacements thereof Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s work, service or operations under this Agreement Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s work Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) Such insurance shall include coverage for loading and off loading hazards If 7 hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000 , 000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having ]urisdiction of Contractor' s employees engaged in the performance of the Work or services, and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit . By execution of this Agreement, Contractor certifies as follows . "I am aware and understand the provisions of A R. S. § 23-900 et seq which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement . " If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor. Professional Liability — Contractor retained by City to provide the Work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect . The form of the certificates of insurance and endorsements shall be subject to 8 A. A. the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119 . In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s work or services and as evidenced by annual Certificates of Insurance If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City' s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City 16. CHANGE ORDERS: A Change Order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time . A Change Order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement All 9 such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained �► in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages 20. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder Attached are standard bond forms .�. which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY Contractor and/or its subcontractors shall be solely responsible for job safety at all times 22 . RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing 10 23 . FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement . In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days 24 . TERMINATION: A TERMINATION BY CITY. City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect . B TERMINATION BY CONTRACTOR. Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect 11 25 . RECORDS. Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 26 AMENDMENT- It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27 SEVERABILITY: City and Contractor 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 requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and ,.k, 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 28. CONFLICT OF INTEREST• This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R S § 38-511 . 29. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement . 12 As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A R S § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their ,,.ei. compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A R S § 23- 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law 13 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2015 CUTLER REPAVING, INCORPORATED, an Arizona corporation By: Its : CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By John S Insalaco Its • Mayor ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM Aosk Richard J. Stern, City Attorney 14 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, hereinafter called the Principal) , as Principal, and a company/corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2011 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal ' s subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 20 PRINCIPAL SEAL BY AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY. ATTORNEY IN FACT 15 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2011, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement OIN The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this _ day of , 20_ PRINCIPAL SEAL BY. AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY- ATTORNEY IN FACT 16 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW# The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED ADDRESS OF INSURED. Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1 Workers' $100, 000 Each Accident; Compensation $100, 000 Each Disease, $500, 000 Disease Policy Limit 2 . Commercial $1, 000, 000 Each General Occurrence; $2, 000, 000 Liability Products/Completed Operations Aggregate; $2, 000, 000 General Aggregate Limit 3 Contractual $1, 000, 000 Each Bodily Injury & Occurrence Property Damage 4 . Automobile $1, 000, 000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties Date: Countersigned by Title: SUBSCRIBED AND SWORN TO before me this day of 20 by as Insurer Notary Public My Commission Expires: 17 ROLL CALL VOTE NOTES: �ITEM # � � /V MEETING OF , MOTION BY ' , SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS f VICE MAYOR BARKER V COUNCILMEMBER RIZZI J/ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY J COUNCILMEMBER WILSON V MAYOR INSALACO UNANIMO IN FAVOR OPPOSED ABSTAINED TOTAL V twilk Alm 14, Asseik CONSENT AGENDA ITEM NOS. 1-6 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE ON CALL PRIORITIZED SHORT LIST OF CONSULTANTS TO PROVIDE ON CALL LANDSCAPE ARCHITECTURAL SERVICES IN THE FOLLOWING ORDER OF PREFERENCE: J2 ENGINEERING AND ENVIRONMENTAL DESIGN, ENVIRONMENTAL PLANNING GROUP, LLC AND KIMLEY-HORN AND ASSOCIATES, INC ; THAT THE PARKS AND RECREATION DEPARTMENT NEGOTIATE SERVICES FOR ANY LANDSCAPE ARCHITECTURAL RELATED PROJECTS WITH THE CONSULTANTS IN THE ORDER ABOVE FOR THE NEXT YEAR WITH A RENEWAL OPTION FOR FOUR ADDITIONAL YEARS; AND THAT RESOLUTION NO. 15-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY'S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST; BE APPROVED; AND THAT RESOLUTION NO. 15-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF THE APACHE JUNCTION, ARIZONA, APPROVING AND AUTHORIZING AN INTERFUND BALANCE LOAN IN AN AMOUNT NOT TO EXCEED $10,000,000; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO CONSUMMATE THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION,AND DECLARING AN EMERGENCY; BE APPROVED, AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN CUTLER REPAVING INC. AND THE CITY OF APACHE JUNCTION FOR PWC2014-01 APACHE TRAIL ROAD IMPROVEMENTS-PHASE 2 IN THE AMOUNT OF $1,949,086 83 PLUS 20%IN THE AMOUNT OF $389,817.39 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $2,338.904.33, AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. 4r.,� City of Apache Junction, Arizona 300 E Superstition 70414,1 . Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 • Agenda Item No.7. File ID 15-29 Sponsor. Bryant Powell Agenda Date:4/21/2015 Index In Control: City Council Meeting City manager's report Attachments: City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 PUBLIC HEARING 1. For 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. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council9 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms9) 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. AdaIlk AM. `7-`J`r City of Apache Junction, Arizona 300 E Superstition ~ r'` Boulevard (114Apache Junction,AZ 85119 -; .-4 Agenda Item Cover Sheet p Agenda Item No.8. r`�`- File ID: 15-90 Sponsor. Rudy Esquivias Agenda Date.4/21/2015 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 This item was continued from the City Council meeting of March 17, 2015 Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 rIS PQACHE✓, ti :7,1= City of Apache Junction Development Services Department Date. April 8, 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. Subject. April 21, 2015, City Council Public Hearing Item. CUP-3-14 (Res. No. 15-08) - An appeal of a CUP granted to Mehmood Mohiuddin (continued from 3-17-15 meeting) 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 ems 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. At their meeting on March 17, Council heard from Mr. Mohiuddin as well as from appellant James Johnson. Mr. Johnson suggested that one possible solution might be to turn the stage in a different direction, diminishing the impact of sound on neighboring residences. He suggested maybe the neighbors getting together with Mr Mohiuddin and trying to work out a compromise solution. When queried by Council, Mr. Mohiuddin stated that he was agreeable to working with the Planning&Zoning—Building&Safety—Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 •Fax(480)982-7010 neighbors. For that reason, Council continued the public hearing until their meeting of April 21. In conversations with Mr. Mohiuddin following the meeting of March 17, he indicated that he was no longer interested in meeting with the neighbors and once again asked that the CUP (and a separate liquor license extension of premises request) be removed from Council consideration. In a meeting between Development Services staff and Mr. Mohiuddin on March 30, he again declined staff' s offer to set up a /, meeting with the neighbors. 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. 0.44 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 - CUP-3-14 staff report to P&Z with all attachments Planning&Zoning—Building&Safety—Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 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, OOlE, 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- 25-001C 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) . PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP-3-14 PAGE 2 OF 5 .r. 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-OO1C. 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 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:OOpm, 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 IN 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, O/N� THIS 27TH DAY OF JANUARY, 2015. SIGNED AND ATTESTED TO THIS V DAY OF FE=_,1 �_ 2015 r , THERESA NESSE• s 'o -n Planning and Zo • Commi -ion ATTEST: 1214, LARRY AH DeveloP ent Services Director APPROVED AS TO FORM: 2 • fo . k5 RICHARD J. STERN City Attorney PLANNING AND ZONING COMMISSION RESOLUTION NO CUP-3-14 PAGE 5 OF 5 RECEIVED CITY CLERK DEP-I. February 10`", 2015 2015 FEB I I Ai. 7: 4 5 :,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. Mohiuddin 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 will 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. Sincerely ' 3 /414144144.-0,-7 Theismann Joh son Funk Fugate 2374 N.Cortez Rd. 2319 N.Cortez Rd 2273 N.Cortez Rd 2225 N.Cortez Rd. 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C.1.0 v.,,t7 tt ,,. i b!..-;(i, ', , , a, Ps-t• .., ili . , "3" • 1‘,•,. • ' / .1'. ,° ' ..§.% • .' tt,..„„. ,„. 4,, it..) , •• 'a,',,v.,*;,:ek,,,.,.,'„ I' t '4 ,.;111 V. ' if •14 A .1. .., ri .-_,%i ' .•,..--...•..br ....., , 14, ...A.m., 44. ,'"-. ' • ... or ..r.al‘•ft,IT-ArZi. .":1(•--''.:-•••.•C•rtt it 4 **.• t..I' ' . ... rN,,,Jil ' ' .,w nye+n • a H ®T © II1J P . T PA PU1O � ELL © TO, CITY OF APACHE JUNCTION PLANNING & ZONING AND CITY COUNCIL MEMBERS. WE GREATLY APPRICIATE FOR HELPING US BE GOOD BUSINESS OWNERS IN 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. WE HAVE DECIDED TO KEEP GOOD RELATIONS WITH OUR NEIGHBOURS AND VALUE TFIEIR 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. 15-08 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 .kk, 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, OOlE, 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 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 50% 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 .r. 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- 25-001C 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, RESOLUTION NO. 15-08 PAGE 3 OF 7 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- 25-001C. 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 100-25-001C, 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. Amak 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 AW 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 ..1 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 ,W 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 City of Apache Junction �� Development Services Department '° • � P P t 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-i 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. Staff's 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.] 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 8 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 CUP-3-14 {Mohiuddin) Page 9 of 9 as part of said CUP-3-14 permit approval, including sign violations or safety problems. 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 p 'i� Y` , EXHIBIT A: Planning and Zoning Application Form Office Use Only: Filing Date • o' Staff Fees Received Case TYPE OF APPUCATION Annexation —Abandonment(Plat/Easement/ROW) —Board of Adjustment _Cargo Container Permit _Certificate of Legal Nonconformity C5..Conditional Use Perr7Rt> Development Agreement _Development Plan Review General Plan Amendment _Lot Splits,Joins&Adjustments _Ordinance Ted Amendment -_,Planned Development Rezoning _Preliminary/Final Plat _Preliminary Development Review Sign Permit 4Z Special Use Permit _Temporary Use Permits ,..._-Zoning Map Amendment _Other SITE INFORMATION a Ae TONt^ 06--2--043k ooie SITE ADDRESS/LOCATION '5E 00 �,�D ASSESSORS PARCEL NUMBER eGO en NE)o(oc GROSS AREA: NET AREA 14.37 AC. _ EXISTING ZONING Er— BRIEF DESCRIPTION OF THE PROPOSED PROJECT/USE: 5EG POTACF1'EP) APPUCANT INFORMATION f Property Owner(s) INA t I-L-fl on.D IY1 0 14-1 V !`pf Address,73o L¢ // eCp7 r a A p6 A—S,l Phone Number Kka 759/4/.- ax Number Email 174 L!1(J/F imp g.raiyi5oki 640.7/4 Applicant Contact Person/Project Manager 514-j'YI Address • Phone Number Fax Number Email Architect/Engineer Address Phone Number Fax Number Email OWNERS SIGNATURE: DATE: • [7-17-14 version) Page 4 s 0) eernf L2-) P-ok'SI fre.„Kk (31 S thltA-9 gedive U-1.) VAfil &ILL- rurdieE) (52 Oral, Pi'gtrn c6) WiDie 6Ainf-c • 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 100-25-00IC. 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 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 to the y adjacentparcel (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. PAT RICHMOND, Chairwoman Planning and Zoning Commission ATTEST: RUDY QU IA Execu iv Sec etary APPROVED AS TO FORM: 1111k:- 9, 160e 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;Larry 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 heating, 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 jurisdiction 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 rocess. Thanks. kc Kathy Connelly, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, Anzona, 85119 480-474-5061 kconnellvAajcity.net Please Note City offices are open Monday through Thursday, TOO 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 viibrated 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 Proposed Venue Plans for the Hitching Post and Dash In EC'O JA'N 22 2°15 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. REC'D JAN 2 7 203 Complaint about the Bull RidingActivities 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 located 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 area 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, � inC.�•T CUP .j3 . 14 A REQUEST FOR A CONDITIONAL. USe. PeRMIT TO CONDUCT OUTDOOR EN"i"5R-TA.INMENIT Y-- Irt"I CS 414 PRoPERMES ADJACENT TO oil NEB, -n-15 HITCHING EVST tReSTAURI `I", t 4CLUDIN& CoM- C 7s, GUM F I G141'5,TRAI L KIDV-51 OUTDOOR G,IMASS CAGE mars, ETC., 4ID PARKING AREAS. E. Lc ST DUTCH • BLVD, 246' 1 40' 172' C(I;;071 / Hrrniu46 2 ►,c)4 / 1bsT 4P ot / 43A 'b ti ���' �� 001 C I o tT` o. tL .. ea. 1V W 1 76' 371' i g 40 '0 00 CONDITIONAL OSE PE (tl Z f�3'EGT PKoPEgTe5 0 001E : CV i To- C. g 010A CY 0 0 255' M QCD 1251 / 620 CITY OF AJ 331 5. W"NDS0NO Ste: 1 ZO1Ut46sVlcu4rry MAP .. ALL PKOmm-TMe s14OW14 ACSM ZONED 6-1 CGENMRAL. COMME C1A. CIS TRIG j. AJ Internal Viewer CUP- 3- 14 ME IGt4BOgI400Q or.) AEKt&L. Page 1 of I il Apache Junction GIS I. 49; • b .r , • t t y .t ,e . i'eVa .lit r i�„ Ja( 1!y + . � x •, '1 ` ,t;^1 ' Ty , �".. t4. A .l R�` T � 4. ✓' X 1' .j,• 4"" ' '.s 0,. ?, ,' :T1 -, „-,,1Y ;, • . F ' 1 t 1 R11 t ' . • / n $ ,c..,, 0,6, , 1 .i'{a'� i'-"�t" r "1 44 ' ,r•..t; I. �` 4.MIE`! ...Its •. Y�.l�1 .. 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'1'1.1'1244 rA:.:DICWIArfilij":21::PC11":71:::::ri,At:';:j171:111:'''',„,.,: 14::91' `tl� 6261x `+ +F ` `P.- 43, 6Vsf�'acreS..- 4� ' a ` - i _ 9 ij 4.27 acres of useable land g 1r4;, , . . *$ psrldng spaces maudrnarrr. r. : 4 ' ma`s +}` J. �'' `s1d , t j� 4A�r' '�'�"�..a, r ,,y*` `' s`�e .e y 3 i Vt. .0 toil) * a. .. -s"t.. 1' '�t� ip . 1"; �" i? +$. .f 1,, 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 1-8 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-OOIC. 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 i 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-OO1C, 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 TI, 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 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 APR-17-2015 04 24 From: jn.9827010 Pa9e.2'3 a �r REC'D APR 17 2015 April 2"", 2015 To Hitching Post Grill From: Residents of N Cortez Rd. We apologize for the delay in making contact with you about the decision by the Apache Junction City Council to attempt an agreement between us. Due to work schedules and health reasons of the residents we were not able to sit down and talk about our concerns until April 1x. • Below,you will find our concerns;and-whaf we feel'wifl resolve the-issues. This is not,in any way, saying that if the resolutions are met that we will not pursue the appeal we submitted to the City Council about your request for a CUP. 1. Perimeter of property: Our concerns are sound deflection and esthetics We request that a Certified Sound Specialist,versed in outdoor acoustics,approved by us,paid for by Hitching Post, be hired to determine how high a perimeter wail would need to be,and what material would be best suited for sound deflection and absorption The wall would need to esthetically fit the surrounding vicinity. We would like walls constructed from North to South,on N.Cortez Rd.from Lost Dutchman to Wind song. East to West,on Wind song from N Cortez Rd to HWY 88,and on Lost Dutchman from N Cortez Rd.to HWY 88 We have considered all of the surrounding properties in this request,being that there are many properties in the area that are owned by people not directly involved with this action,but would be effected by the CUP 2. Property access: We request that entry into the area would be only from HWY 88. We feel,and are concerned about traffic problems and possibilities of accidents due to poor visibility on all other roads surrounding the property of Hitching Post. This being said,the gate on Lost Dutchman now,would have to be omitted from the plans 3. Stage positioning: We request that the stage be directed towards the Southwest,in the direction of HWY 88 in such a way that sound and/or lighting would not be an issue to any _ residences in the area Any and all lighting involved with outdoor activities would be shielded and directed towards HWY 88,in such a mariner to meet Dark Sky Policy criteria 4 Portable Toilets. We request that all portable toilets be moved away from proposed location to the Southwest, not within 100 yards of any residences. 5 Event ending time: In the CUP,Hitching Post stated that no event would go past 9PM Some of the residents wouid like to see that time changed to 7PM. We are willing to compromise-to 8PM. In closing,we would like to say that Hitching Post wants to provide children's rides and entertainment, as there is no such facility around. We would like to remind you that Prospector Park,which is not far away is such a facility. Also,as far as an entertainment venue.the rodeo grounds on Lost Dutchman,at Tomahawk, is available for lease to hold events such as what your intentions are. Please feel free to contact us about all or any of the above items APR-17-2015 04:25 From: 0" All'j:9827010 Pa9e:3'3 �• •f ?1?F?11 fw warm to hearing back from you and seerng you at the c►zy COuncit Meeting scneautecl TG April 21',2015 Pa5t—ix0 Mark Theisman James Jet son ick Funk Steve Fugate Patrick LaClair 2374 N.Cortez Rd 2319 N.Cortez Rd 2273 N.Cortez Rd 2225 N.Cortez Rd 2521 Wind Song ROLL CALL VOTE NOTES: ,,--,C1 Di))/ , ut m, 7'} iji)(/ V ' ViLC ,U .,\,\) ITEM # MEETING MOTION BY: SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER I COUNCILMEMBER WALDRON I COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI f COUNCILMEMBER SERDY MAYOR INSALACO mink UNANIMOUS IN FA OR OPPOSED ABSTAINED TOTAL Ask rah. i-� /'\ /'� 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. CUP-3-14, TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES,LOCATED AT THE SOUTHEAST CORNER 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). ... f 7Tat`. City of Apache Junction, Arizona 300E Superstition LVeBoulevard !I,. v'� ,,,„ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. ' "4=3"�" File ID: 15-84 Sponsor Kathy Connelly Agenda Date 4/21/2015 Index. Outside Scope of Council Priorities In Control. City Council Meeting .... Direction to staff on dates, times and locations for joint meetings with the Apache Junction Unified School District Board As discussed at the April 20 work session, council may wish to select dates, times and locations for joint public meetings with the Apache Junction Unified School District Board to discuss issues such as use of district facilities, shared use of jointly developed facilities and joint programs and partnered activities Attachments r City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 ITEM NO. 9 I BELIEVE IT IS IN THE BEST INTERESTS OF THE COMMUNITY, PARTICULARLY OUR CHILDREN AND STUDENTS, THAT WE MEET WITH OUR PARTNERS IN THIS EFFORT, THE MEMBERS OF THE APACHE JUNCTION SCHOOL BOARD, TO DISCUSS AREAS OF MUTUAL INTEREST. THEREFORE, I MOVE THAT WE DIRECT CITY STAFF TO WORK WITH THE APPROPRIATE SCHOOL DISTRICT STAFF AND LEGAL COUNSEL IN COOPERATION WITH THE MEMBERS OF THE SCHOOL BOARD TO SET UP A JOINT PUBLIC MEETING TO DISCUSS ISSUES SUCH AS USE OF DISTRICT FACILITIES, SHARED USE OF JOINTLY DEVELOPED FACILITIES AND JOINT PROGRAMS AND PARTNERED ACTIVITIES. WE WILL MAKE THE CITY COUNCIL CHAMBERS AVAILABLE FOR THIS MEETING AND SUGGEST THESE POSSIBLE DATES AND TIMES. SATURDAY, MAY 2, 9.00 A.M. - 12 NOON SATURDAY,MAY 9, C(ti,4* �15� SATURDAY, MAY 16, 1.00 P 4.00 P M SATURDAY,MAY 30, GItkpAA'yv I FURTHER MOVE THAT CITY STAFF SCHEDULE THE MEETING ONCE THE DATE AND TIME ARE CHOSEN AND PREPARE THE NOTICE AND AGENDA IN COMPLIANCE WITH THE ARIZONA OPEN MEETING LAW IF NO DATE IS CHOSEN BY THE SCHOOL BOARD, CITY STAFF SHOULD PLACE AN ITEM ON THE NEXT CITY COUNCIL MEETING AGENDA TO SELECT A DATE TO SCHEDULE A JOINT MEETING WITH MEMBERS OF THE SCHOOL BOARD. ROLL CALL VOTE NOTES N oyyy a\p'\\ ITEM # MEETING OF MOTION BY: A.)01,) SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI \j COUNCILMEMBER WILSON J VICE MAYOR BARKER COUNCILMEMBER SERDY 1.j COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ` J City of Apache Junction, Arizona 300 E Superstition Sr 6, Boulevard 11 Agenda Item Cover Sheet Apache Junction,AZ 85119 !� j Agenda Item No.10. -ik'" File ID: 15-79 Sponsor: Kathy Connelly Agenda Date.4/21/2015 Index: Local/State/Federal Statutory Requirement, Budgetary In Control. City Council Meeting ... Selection of dates, times and locations for Fiscal Year(FY)2015-2016 budget work session(s), tentative budget adoption and final budget adoption As part of the FY 2015-2016 budget process, council may wish to hold work sessions to discuss the budget Public hearings are required for tentative and final budget adoption Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 ROLL CALL VOTE NOTES: ITEM# , I , 1/\/\/Y\\\(j MEETING OF ei ,„) MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WILSON J COUNCILMEMBER SERDY I/ COUNCILMEMBER WALDRON J COUNCILMEMBER RIZZI J VICE MAYOR BARKER ti COUNCLMEMBER EVANS 4 MAYOR INSALACO +►. UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL oak ITEM NO. 10 I MOVE THAT THE FOLLOWING DATES, TIMES AND LOCATIONS FOR FISCAL YEAR 2015-2016 BUDGET WORK SESSION(S), TENTATIVE BUDGET ADOPTION AND FINAL BUDGET ADOPTION BE APPROVED. BUDGET WORK SESSION(S) ON AT 7:00 P M IN THE CITY COUNCIL CHAMBERS; TENTATIVE BUDGET ADOPTION ON MONDAY, MAY 18, 2015 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS; AND FINAL BUDGET ADOPTION ON MONDAY, JUNE 15, 2015 AT 7.00 P M IN THE CITY COUNCIL CHAMBERS AM. ROLL CALL VOTE NOTES: kj\_ 77 IA 1f ITEM# \� MEETING OF 111 MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY V COUNCILMEMBER RIZZI I COUNCILMEMBER EVANS ✓ COUNCILMEMBER WILSON J COUNCILMEMBER WALDRON J VICE MAYOR BARKER MAYOR INSALACO \-) UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NOS. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, MAY 4, 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, MAY 5, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: n 1 I MOVE THAT THE MEETING BE ADJOURNED AT P.M. /"4%, ROLL CALL WS: i'll_ I REG: l'ifdliI - SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO I VICE MAYOR BARKER Y , COUNCILMEMBER EVANS ✓ V COUNCILMEMBER RIZZI I COUNCILMEMBER SERDY )� �/ COUNCILMEMBER WALDRON COUNCILMEMBER WILSON l , TOTAL I I CITY STAFF \X) City Manager George Hoffman al) OV Assistant City Manager Bryant Powell City Clerk Kathleen Connelly / City Attorney Joel Stern 1 Public Safety Director Tom / Kelly Public Works Director Giao V Pham Parks & Recreation Director / Jeff Bell v Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director / Larry Kirch I/ Human Resources Director Liz Riley Assistant to the City Manager , , 0/ 1 1 I iiri / Matt Busby V d! , , 0 , tfr OTHERS: 1 1 & .11 ‘'Itfr1i i vi p ittil() ,....4k;b q(2-AII c--- Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (T "rt) (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeso Noo Only If Necessary o o I am in favor of the proposed Item. o I am opposed to the proposed Item. e_ca, v- (L-- .�crvi. ,- 14 S-b 0 Name (Print) \ 1 C-O-C--) 5 <.A.) ex..1})--€A r A-i --c- -------c 2._c) Address City Zip Code -(- 0 --(c)-2-L, ---;- y o7 c__-(cmiL.,.. L-T.FL, ,.., s 1, , &dz.-- Telephone Email address 0_,I,LA" 1 k c(AAQ__ 15,- . ,C6-7(--- <-1, D\kc Ar-- LcAd >a-CA"( --'*. A--) e--\j- This information will be used 13#staff for follow-up, if necessary. S eakefs shall make comments directly P ry P t y 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:t I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said-t- minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be a audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date:' -7. ( CITY OF APACHE JUNCTION Please sele an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public !/ (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Ye Noo Only If Necessary o ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. \\' (1)eauou— g Name (Print) &0 33 5 _ V Address City Zip Code ��d3 - z2 ; (� . c� - -. �� , 1e cam. Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. 1 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