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HomeMy WebLinkAbout2015 05.19 City Council Regular Agenda ION II, I �'t � x City of Apache Junction, Arizona Meeting location .4; �-I" s•,. ` City Council Chambers i ,t; } ;.� at City Hall ., , Agenda 300 E Superstition Blvd g Apache Junction,AZ ;tu:i• 85119 City Council Meeting www alcity net Ph (480)982-8002 Tuesday,May 19,2015 7:00 PM City Council Chambers A CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review pnor to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. Consideration of acceptance of agenda 2 Consideration of approval of minutes of the regular meeting of May 5, 2015 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS ..elk 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 3. Proclamation designating the week of May 17 to May 23, 2015 as "National Public Works Week " 4. Presentation of the Elks Enrique Camarena Award to Officer Marshall Harshman of the Apache Junction Police Department by a representative of the Benevolent and Protective Order of Elks, Lodge Number 2349 This award is in recognition of his significant contribution in the field of drug prevention. 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 City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 City Council Meeting Agenda May 19,2015 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 inquines 5. City manager's report 6. Presentation of and discussion on proposed new police department badges H. PUBLIC HEARINGS Public heanngs required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 7. Consideration of request for approval of an off track wagering facility at Mirage Sports Grill located at 725 W. Apache Trail#2A by Turf Paradise Race Course for racing from June 1, 2015 through May 31, 2018 The next step in the procedure is for the council for hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Racing Commission 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 8. Discussion on and possible consideration of further revisions to the proposed intergovernmental facilities use agreement between the city of Apache Junction and the Apache Junction Unified School District No 43 On Saturday, May 9, 2015 the mayor and city council approved an intergovernmental agreement with the Apache Junction Unified School District No 43 (draft agreement dated May 6, 2015)with minor revisions As part of their meeting agenda on Tuesday, May 12 at 6 .00 p.m., the Apache Junction School Board will discuss this intergovernmental agreement This item allows the mayor and council to have further discussions and/or take action on the intergovernmental agreement should the school board make additional changes 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 wntten request-to-speak form with the city clerk City of Apache Junction,Arizona Page 2 Printed on 5/12/2015 City Council Meeting Agenda May 19,2015 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 development of a diversity pledge At the May 4, 2015 Work Session, city council discussed their desire for the city to adopt a diversity pledge by resolution recognizing the ... city as a diverse and inclusive community 10. Direction to staff on the formation of a youth council At the May 4, 2015 Work Session, city council discussed their desire for staff to further develop structure and guidelines for a youth council 11 Direction to staff on modifications to the city's talent bank application for boards and commissions applicants, modifications to the online application, and applicant process L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, June 1, 2015 13 Executive Session at 5.45 P.M. and Work Session at 7 00 P M will be held on Tuesday, June 2, 2015 Other meetings if necessary. M. CALL TO PUBLIC At this time the public has the pnvilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a wntten"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium it 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 oop, 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 5/12/2015 CITY COUNCIL REGULAR MEETING MAY 5, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 5, 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 Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present• Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Library Director Spencer Paden City Engineer Emile Schmid Development Services Director Larry Kirch Human Resources Director Liz Riley REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 1 OF 22 e Others Present: Administrative Assistant Heather Hodgman Captain Arnold Freeman ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. AND THAT RESOLUTION NO. 15-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IRONWOOD DRIVE ROADWAY IMPROVEMENT PROJECT, BE APPROVED; AND THAT RESOLUTION NO. 15-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS SIGNED BY THE CITY ATTORNEY TODAY, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE WINCHESTER ROAD SIDEWALK IMPROVEMENT PROJECT, BE APPROVED. Councilmember Wilson SECONDED THE MOTION VOTE * Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Assistant City Manager and Mayor Insalaco presented City Clerk Kathleen Connelly with her 35 year service award, including a clock, paid time off, a monetary award and a letter from the / s city and a floral arrangement from the council CITY MANAGER' S REPORT Assistant City Manager Bryant Powell read a note from a local business on the repairs on Apache Trail and announced that Banner Goldfield Hospital got a 5 star rating nationally. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 2 OF 22 Councilmember Waldron announced Councilmember Wilson and he attended the kickoff event on Saturday for the Arizona Wall project in Gilbert It was very well attended by government officials. Councilmember Wilson commented he was impressed with what they are planning and supports what they are doing. He encouraged people to look at it when it is in place. Councilmember Wilson commented he is on jury duty in Pinal County and heard numerous positive comments about Apache Trail being repaired from people in Apache Junction and outside the community. Vice Mayor Barker commented the mayor and Councilmembers Wilson, Waldron, Evans and she worked the water festival two weeks ago and got soaking wet teaching fourth graders about water. The mayor got plastered with name tags while he was there Vice Mayor Barker commented she went to the fire department' s April Pools Day and there were a lot of people out there picnicking, swimming and skateboarding. Vice Mayor Barker announced the mayor, Councilmember Waldron and she went to Aurora Place when the Veterans of Foreign Wars raised the flag for them. The people there appreciated it immensely. Mayor Insalaco commented he had to make a clarification. One has to watch what they say to fourth graders. He told them he had lost his name tag and before he knew it he had 27 name tags plastered all over his body. PUBLIC HEARINGS APPLICATION FOR A SERIES 6 LIQUOR LICENSE FOR LUCKY STRIKES City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 3 OF 22 emN Ms. Deb Wohle, the new owner of Lucky Strikes, addressed the council. She stated it has been red-tagged by planning. The owner of the building did not pull the proper permits. They have now been submitted and they are working on their approval so they can continue with the construction. She is also the owner of AJ Village Antiques She wants to give back to the community and make it a fun, friendly neighborhood bar. Vice Mayor Barker asked how she pronounces her last name . Ms. Deb Wohle stated it is pronounced like wool. If one does spell check it changes it to whole. Vice Mayor Barker asked Development Services Director Larry Kirch to address the council on this problem with the site. Development Services Director Larry Kirch stated they learned about it when the police department went to inspect the building. Through a series of emails they learned there was work going on without permits being taken out. They went out the same day and put a stop work order on the building. They have been working with the property owner to get proper engineering architectural drawings of what is going on in the buildings so they can apply for the permits and get it going again. Councilmember Waldron asked if they are in the process ;/ S Development Services Director Larry Kirch stated they are in the process of rectifying it. There was some work going on, such as demolition and things like that. They wanted to make sure everything meets the code when they get going again. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 4 OF 22 oak Adm. Ms . Deb Wohle stated she believed the plans were submitted yesterday He called for any other speakers. There being no one else wishing to speak, he closed the public hearing and reopened the item to council discussion. im,\ Vice Mayor Barker asked what options they have. City Attorney Joel Stern stated they can table it or continue it and get an update from Mr. Kirch. It is a policy issue at this point. Or they can believe they will get it done and vote on it tonight. City Clerk Kathleen Connelly stated because of the type of application this is, there is a window of time for the city to act within. If not, the state will says yes. City Attorney Joel Stern stated the state will say if they do not act it is presumed the city said yes and they will give out the permit. Councilmember Serdy asked the applicant if she is losing money every day by not being open and if it would be a burden for this to be postponed for a little bit . Ms. Deb Wohle stated she is losing money as she is locked into a lease. Councilmember Serdy commented the sooner they can do this it would help. Businesses struggle going into the summer so he would like to see this approved as quickly as possible. Councilmember Rizzi asked if there is any reason to believe there would be a delay in getting done what needs to be done. Ms. Deb Wohle stated she cannot personally think of any delay She thinks the plans look REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 5 OF 22 e good and they will be ready to go. It is nice because everything will be done properly. Mayor Insalaco asked if she knew how long it would take to get everything ready. Ms. Deb Wohle stated she would guess after planning approves the plans. She would estimate about three weeks. She has already paid her rent for April. City Clerk Kathleen Connelly stated if they approve it, she would have the liquor license but if there is no certificate of occupancy it could not open Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 6 LIQUOR LICENSE FOR LUCKY STRIKES, SUBMITTED BY DEBORAH WOHLE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous The motion carried. OLD BUSINESS �• None. NEW BUSINESS AGREEMENT FOR PW 2014-18 HEATING, VENTILATING AND AIR CONDITIONING SERVICES, REPAIR AND FILTERS WITH FRONTIER MECHANICAL AZ, INC. DBA FMI HEATING AND COOLING REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 6 OF 22 Management Assistant Heather Hodgman briefed the council on the item. Mayor Insalaco called for any discussion. There being no discussion, he called for a motion Councilmember Waldron MOVED ,^ THAT THE AGREEMENT BETWEEN FRONTIER MECHANICAL AZ, INC. DBA FMI HEATING AND COOLING AND THE CITY OF APACHE JUNCTION FOR PW 2014- 16 HEATING, VENTILATING AND AIR CONDITIONING (HVAC) SERVICES, REPAIR AND FILTERS FOR A PERIOD OF ONE YEAR IN THE AMOUNT OF $21, 000 WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS, BE APPROVED. Vice Mayor Barker SECONDED THE MOTION VOTE: Unanimous . The motion carried. RESOLUTION NO. 15-18, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR SAFE ROUTES TO SCHOOL GRANT FUNDS ) City Engineer Emile Schmid briefed the council on the item. Councilmember Rizzi commented A"obk the city is constantly aware of the children in the community. In both of his presentations last night he had mentioned the children, bus stops, being safe and safe routes with the school district. It is important and she wanted to point out how important the children of the community are to our council and city staff. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 7 OF 22 OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE USE OF A SAFE ROUTE TO SCHOOL INFRASTRUCTURE GRANT, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried DIRECTION TO STAFF DIRECTION TO DRAFT AN ORDINANCE AND RESOLUTION FOR MODIFICATION TO THE ANIMAL CONTROL REGULATIONS PREVIOUSLY DISCUSSED ON APRIL 6, 2015 Captain Arnold Freeman briefed the council on the item. Councilmember Evans commented they had recently received a letter from a person who shows dogs She asked what they can do to accommodate somebody with show dogs more than the maximum. Captain Arnold Freeman stated with counsel from the city attorney and city clerk, they have determined they can apply for a personal kennel permit . They are not prohibited by this ordinance from applying and moving forward with a class 2 personal kennel permit. He believes they /'IN wanted up to 8 dogs. They actually requested nine. The ordinance now states 8 is the maximum. Councilmember Evans commented that is part of the problem we have. Captain Arnold Freeman stated that is correct Councilmember Evans asked if there is a way they can do this . REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 8 OF 22 Amok Captain Arnold Freeman stated there are different avenues they can take. They can create a third class which would be 9 to whatever amount. That is a policy decision based on what the council would like to do. Vice Mayor Barker commented these are floating dogs, too. She did not necessarily have the oink same 9 dogs or 8 dogs at the same time. They would come in and go out. It seems like they could do something within the ordinance to accommodate that type of enterprise. Captain Arnold Freeman stated if one is designated a service animal of that grouping, although he does not know what that process is, but service animals do not apply under Chapter 6 One thing they may run into, and it is strictly up to whatever the council would like to do, it is really a math problem. The more canines you have in one spot, the more barking they will get. As they are aware, when one starts barking the rest start barking. That may have an impact on the quality of life within the neighborhood. He does not know that, he is just trying to think ahead. In 2012 they answered 291 calls for service strictly for barking dogs. In 2013 it was 285 and in 2014 it was 380 . Councilmember Evans asked if because this is not really in a commercial kennel per se, and these animals are currently kept in the house, there has been complaints by any of her neighbors of barking dogs . City Attorney Joel Stern commented he understands she currently does not have any dogs at �► her house . She has not even moved in. She started to move in and told neighbors what she was going to do and there was misinformation. That is his understanding from some of the neighbors . That is why some people got upset . They can create a class 3 or eliminate the number of dogs . He can remember when this was first approved. The level has changed over the years. At one point only four dogs were allowed. City Clerk Kathleen Connelly stated three, originally only three. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 9 OF 22 r City Attorney Joel Stern stated it then went to four. The classes came in during 2007 or 2008 . There are fees - $60 for the class one and $80 for the class two. They could create a class three if they want that. They could actually have a different section dealing with show dogs. They can do other things . All they are doing tonight is directing staff to create the ordinance and bring it back for another review This is not the final by any means. ..,` Councilmember Evans asked if they would add language including something in the commercial license portion. Captain Arnold Freeman stated this would be a commercial license Councilmember Evans asked how they would word it for AKC show dogs if she got a commercial license . City Attorney Joel Stern stated they could have exceptions so it does not count towards the total number of dogs Councilmember Evans commented for show dogs City Attorney Joel Stern stated that is correct. Show dogs do not count towards the total number of dogs . They could do whatever they want with that . Councilmember Evans commented it would be easier than creating a separate class . They have never really had a show dog person prior to this . Mayor Insalaco commented that is why he thinks they should just direct staff to figure something out and go from there. Captain Arnold Freeman stated it would not be commercial because that goes into the business area. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 10 OF 22 Mayor Insalaco commented it is not a business for her. She does not make money Councilmember Evans commented she does not need a business license. Captain Arnold Freeman stated or, it would be a personal kennel license Councilmember Evans commented there would be a portion for the number of show dogs City Attorney Joel Stern stated that could be included under this section. It does not apply to that number of dogs up to the eight. Councilmember Evans asked if that made sense to everyone else. Councilmember Waldron commented his concern was proving it is a show dog. He has a dog that is pretty worthless . A haircut and a couple of ribbons . Take her to a show and that would be his concern Vice Mayor Barker commented if you have an American Kennel Club dog, you have papers Councilmember Waldron commented someone could say it is a show dog He has papers on his dog and it still is not a show dog. He was concerned on how they would enforce it . He asked how they would know. oft. City Attorney Joel Stern stated they would have a proof requirement and it would be set in the ordinance. It would be up to animal control to enforce it Staff needs to make sure Councilmember Wilson commented since this is direction to staff, they need to give them direction to look into establishing another class or somehow working to meet this need that is not there right now. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 11 OF 22 e Councilmember Evans commented they need to look at limiting the number of dogs when they do not limit the number of horses. Vice Mayor Barker commented horses do not bark. Councilmember Evans commented they do not . As far as a nuisance goes, they are different nuisances totally. Assistant City Manager Bryant Powell asked how they would handle the nuisance part. Captain Arnold Freeman stated they typically send an officer. Assistant City Manager Bryant Powell asked if that was whether it was one dog or more Captain Arnold Freeman stated they have to send an officer and respond because it is a violation. Councilmember Evans asked if they have to respond to those situations where the people have kennel licenses or is it to the residential one-dog owner. Captain Arnold Freeman stated typically the officer that responds does not know whether they have a kennel permit or not. They just respond because the neighbors called in a barking dog That is the way it works. /4N Mayor Insalaco commented whether it is one or ten. Captain Arnold Freeman stated exactly. Councilmember Rizzi asked him to explain how the barking dog ordinance works. She thought they had a noise ordinance until 10 p.m. She asked if they REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 12 OF 22 /, /^ could get into trouble if their dogs were barking during the day. She asked how that works City Attorney Joel Stern stated there is no rule that says dogs cannot bark after 10 p.m. That is not true. Just like there cannot be bands after 10 p.m That is not the case. There is no such rule. There was a confusion on that with some people about construction noise. There are some hours regarding construction noise but not for g 9 other types of nuisances. Noises are set forth in 6-1-3 . There was discussion about this last time about how it was written. He explained at that time that is the way it was written It is not something they have touched because that was not one of the suggested changes The issue was they do not like where it says there has to be a considerable number of persons The reason that is in there is it is a mirror image of the public nuisance statute under Arizona Revised Statutes § 13-2917 which requires there be a considerable number of persons to establish a public nuisance. In blue, they put some language in there that puts in the discretion of the officer. When it comes down to it, and the prosecutor is here tonight and he will probably tell you the same thing, the burden of proof will be on the city. The first one will be in civil court so it will be a preponderance of the evidence. If they get to the criminal court, which is the fourth violation in two years, they have to prove everything. So they may have discretion. They may not know there is a kennel permit, and they just see eight dogs in the yard. Just because they have a kennel permit does not exempt them from the noise ordinance. They cannot change this language. There is something called pre-emption and that is where the state has entered into a field where they say that is how they want it. The city can add additional things but it cannot be less than the requirements under state law We also have a noise ordinance under the general city code that is mirrored the same way for other types of noises. There are also smells that can be a nuisance. That is the same standard. There has to be an entire community or neighborhood or a considerable number of persons. That is the same type of requirement that they need and they will need documentation. It is the same with drums. If for some reason someone is playing their drums late at night or anytime, if that noise is so bad it affects an entire community, neighborhood or a considerable number of persons it will be a nuisance. If it is not any of those and it is just REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 13 OF 22 0/1141 one person that is complaining and they keep complaining, that is called a private nuisance The way that is handled is that individual should probably go to civil court at probably the superior court level to get an injunction against that individual. There are different nuisances and this has been a long answer. Councilmember Rizzi commented the point being it is not something that is easily proved and prosecuted and taken care of. When you have officers at somebody' s door, obviously the dogs are going to be barking. She asked if they would be barking when the officer is not there. There is a process . It is a lengthy process to say this person is creating a nuisance in the community. It takes several people, it takes documentation. She is not sure what that is; tape recordings or how would they do that. It does not sound like it is an easy process. City Attorney Joel Stern stated it is not an easy process In his previous job he had to prosecute a guy that had 49 roosters on a very tiny lot, like 100 feet by 50 feet He claimed they were show roosters. That was all they were. There were three families that were upset. All of them complained. The statute in Riverside, California was much the same as this one He had a very good case as those roosters went off at 4 a.m. every single day. The problem was the trial . Eric can testify to this. It is the quality of your witness . He had some elderly witnesses. He is taking some time with this because is actually is funny. It was his first trial with roosters. The lady was a nice lady about 79 and she was probably about where Captain Freeman is standing and the jury was about where the council is. So it was pretty close. He asked her to state her name. She asked him what he said. She could not hear him from even that close. That discredited anything she said because she could not testify to the roosters that were 70 feet away. You get weird things in court and it is a difficult case But he did win a lot of dog barking cases. It is the quality of the witnesses and the evidence needed. City Clerk Kathleen Connelly stated the commercial kennel definition currently states that it has to be an activity for a trade, profit or something like that. It would not necessarily apply for show dogs. They might REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 14 OF 22 Ink Ink be better off looking at another level such as a personal kennel. Also, a couple of other things There is a reference in the code to service dogs or service animals, but there is no definition for it When she asked the city attorney, he stated it is in state law. When she looked in state law, there is a separate definition. One is very narrow and talks about the animal that serves someone who has a disability and the other oft. one is broader. At the very least they need to take a look at that . Some of the other sections in this code were created in response to a particular need. The exotic animals section came about because we had a lady who lived in the city who had monkeys she was allegedly training for service animals One of the monkeys got out and bit a neighbor. It turned out there were rabies issues. One of the other sections dealing with quantities of dogs was the result of somebody who brought a pit bull farm into the city and had a number of dogs literally chained to 55 gallon drums and that is where they stayed. He did not live here. He just used the property for the pit bulls . There are different reasons why these sections are out there and this might be a time to look at it again. Captain Arnold Freeman stated they do have issues with people hoarding now and then because people love their animals . It would make their job more difficult if they did not limit the numbers in order to enforce that particular aspect. Councilmember Serdy commented on page 6 it states that only enforcement officers are authorized to kill any dangerous animals when necessary for protection of person or property. He asked if someone would Ink have to shoo away a mountain lion or pit bull if it comes into their yard or after their child He thinks that needs to be stricken completely or he would hope that a prosecutor would not prosecute one of our citizens for defending themselves . City Attorney Joel Stern stated that is a comment but also a question. Councilmember Serdy commented that is correct REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 15 OF 22 eiN City Attorney Joel Stern stated there is state law that would allow certain justification for using that kind of force. The prosecutor would get the complaint, look at it and decide if it is self-defense, defending a person or property. That would be dealt with at that level. He does not think it is needed here as state law would pretty much pre-empt any kind of exception that would come up. elaS Mayor Insalaco commented he thinks this needs to go to staff and have them work on it and bring it back to us. He called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING DRAFTING AN ORDINANCE AND RESOLUTION FOR MODIFICATION OF THE ANIMAL CONTROL REGULATIONS. THAT WE GO FORWARD WITH THE MODIFICATIONS AS PRESENTED; BUT, ALSO, THAT WE LOOK INTO SOME DETAILS FOR THE SHOW DOGS, HOWEVER WE CAN WORK THAT INTO THE ORDINANCE FOR SHOW DOGS AND MAYBE EVEN WORK WITH MS. WRIGHT AS HE THINKS SHE IS HERE THIS EVENING AND TRY TO WORK THAT OUT. Vice Mayor Barker SECONDED THE MOTION. VOTE. Unanimous. The motion carried. DRAFT A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY ANIMAL CONTROL Public Safety Director Tom Kelly briefed the council on the item City Attorney Joel Stern stated this is a direction to staff item to draft a resolution to approve this Councilmember Wilson asked what about the other way around REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 16 OF 22 Vice Mayor Barker commented they want direction to staff that they bring back a resolution to enter into this agreement. City Attorney Joel Stern stated the resolution is needed because it is an intergovernmental agreement even though the county has already 01111 signed it and acted on it, which is a little premature. The city needs to do a resolution that authorizes the mayor to sign it. City Clerk Kathleen Connelly stated there is a portion of the intergovernmental agreement that has a blank in it. The county obviously approved it but they did not fill in the blank City Attorney Joel Stern stated there is a blank on Exhibit A. The way he would look at this is they did not see that, although they had a county attorney, chairwoman and clerk signing it. One argument is they did not mean for any dollar amount to cover miscellaneous animal control containment attending to animals in the field, although that conflicts with the agreement itself. So they can approve it as it is, and if they ever get billed, say it does not say how much. Or they can send it back to the county saying it appears they missed something. This would have to go back to the board to fill that in. Vice Mayor Barker commented she likes it blank. It works for her. /, Mayor Insalaco agreed. Councilmember Rizzi commented it might have been intentional. Public Safety Director Tom Kelly stated this is an intergovernmental agreement to be used in an emergency situation should they need it. The likelihood that we would actually require Pinal County Animal Control to assist them is very slim, but in case of a disaster they were looking for some other agency they could go for emergency call out. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 17 OF 22 OuS Mayor Insalaco closed the discussion with no further comments and called for a motion Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING DRAFTING A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY ANIMAL CONTROL: THAT THEY BRING A RESOLUTION BACK TO THE COUNCIL FOR ADOPTION OF THE INTERGOVERNMENTAL AGREEMENT Councilmember Rizzi SECONDED THE MOTION. VOTE. Unanimous. The motion carried. DATE, TIME AND LOCATION FOR A JOINT PUBLIC MEETING WITH MEMBERS OF THE APACHE JUNCTION SCHOOL BOARD TO DISCUSS ISSUES OF MUTUAL INTEREST City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker commented she thinks it is the polite thing to do, to allow the school board to vote at the meeting if they choose City Clerk Kathleen Connelly stated she is not aware if they would want to do that but it would allow them to do so. ,l^ Assistant City Manager Bryant Powell stated he has information on facilities here at the city that might be of interest. He asked Mr. Bell to give him some thoughts on the multi-gen. They had talked about potentially using the city council chambers. After having some further dialogue and thought maybe the multi-gen would be better so they could all be together face-to-face. Mr. Bell stated they could move things around to allow them to use the classroom in the multi-gen. A portion of the parking lot is being resurfaced and a lot of training is being done that day for the seasonal REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 18 OF 22 lifeguards . They do have the park ranger conference room available and it should have enough capacity. There is somebody scheduled that afternoon so it is available in the morning. Mayor Insalaco commented if they made it from 10 to 12 it would be okay. Assistant City Manager Bryant Powell stated that is correct. Mayor Insalaco stated 9 a.m. might be a little harder for people to make. Vice Mayor Barker commented they may not want to put closure on it just yet, just a start time. Mayor Insalaco commented but they have to be out of there by a certain time so that someone else can use it in the afternoon. He called for a motion. Vice Mayor Barker commented on April 28, 2015 the Apache Junction School Board met and discussed the future of recreational facilities located on school district property. The board unanimously approved a motion that said "...the utilities at the community pool, Superstition Mountain Elementary School baseball field and Superstition Shadows Park will remain the responsibility of the district until July 1, 2015 at the latest . " The motion further stated that "it is expected that an agreement can be worked out over the next two weeks that includes utility responsibility and use of the facilities by the district . " Keeping this motion in mind, I MOVE THAT WE DIRECT CTIY STAFF TO SCHEDULE A JOINT MEETING FOR THE MEMBERS OF THE CITY COUNCIL AND THE APACHE JUNCTION SCHOOL BOARD FOR SATURDAY, MAY 9, 2015 AT 10 A.M. AT THE CITY CONFERENCE CENTER, THAT IS THE RANGERS' CENTER OVER THERE NEXT TO THE POLICE DEPARTMENT, AT 1001 NORTH IDAHO ROAD, APACHE JUNCTION, FOR THE PURPOSE OF DISCUSSING AND CONSIDERING A CITY COUNCIL VOTE ON AN INTERGOVERNMENTAL FACILITIES USE AGREEMENT FOR THE UTILITIES COSTS, USE AND MAINTENANCE OF SUPERSTITION SHADOWS PARK, SWIMMING POOL, SKATE PARK, TENNIS COURTS, BALLFIELDS AT SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL AND SUPERSTITON SHADOWS PARK AND RESURFACING OF THE SAN MARCOS REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 19 OF 22 DRIVE ALIGNMENT LOCATED ON SCHOOL DISTRICT PROPERTY SOUTH OF SOUTHERN AVENUE AND EAST OF CACTUS CANYON JUNIOR HIGH SCHOOL I FURTHER MOVE THAT CITY STAFF PREPARE THE NECESSARY MEETING NOTICE AND AGENDA TO MEET THE REQUIREMENTS OF THE ARIZONA OPEN MEETING LAW. I FURTHER MOVE THAT THE AGENDA ALSO INCLUDE AN ITEM THAT WOULD ALLOW THE MEMBERS OF THE APACHE JUNCITON SCHOOL BOARD TO VOTE ON THE INTERGOVERNMENTAL AGREEMENT SHOULD THEY WISH TO DO SO. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous (Councilmember Rizze commented during the vote that she hoped and encouraged the whole school board to attend this meeting so that they may sit down and discuss the intergovernmental agreement that will affect our community as a whole, and it will affect the people that we all equally serve in our community and ultimately impact our children. ) The motion carried. 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, MAY 18, 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 19, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 20 OF 22 Ms . Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the annual boys and girls club car raffle being held June 17 . . Councilmember Serdy asked if there is a concert coming up. Ms . Tess Nesser was not aware of a concert. The kids are doing ofta something but she does not get the information on what they are doing Councilmember Serdy commented it would be good to get the word out. Assistant City Manager Bryant Powell stated it is late May or something coming up. Ms . Tess Nesser stated the next big thing they will be doing as a fundraiser is the bowl-a-thon in July or August. Ms . Nancy Burgess, 116 S. Vista, Apache Junction, addressed the council to remind everyone that May 9 is the annual Letter Carriers' Postal Food Drive and requested everyone put their food out. Ms . Theresa Wright, 104 S. 130th Place, Chandler, addressed the council to ask for a new provision or variance to the animal control law to make a new class allowing someone to keep 9 to 12 dogs who show their dogs . Councilmember Waldron commented she should talk to Captain Freeman in the front row right now. Mayor Insalaco directed staff to work on that for Ms . Wright as soon as possible. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 . 02 p.m. Consent Agenda Items are as follows : 1 . Consideration of acceptance of agenda REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 21 OF 22 es 2 . Consideration of approval of minutes of regular meeting of April 21, 2015. 3 . Consideration of proposed Resolution No. 15-16, authorizing the city to approve Amendment No. 1 to Intergovernmental Agreement with Arizona Department of Transportation for Surface Transportation Program grant funds. ^4 . Consideration of Resolution No. 15-17, authorizing city to approve a new Intergovernmental Agreement with Arizona Department of Transportation for Congestion Mitigation and Air Quality funds providing design and construction services for Winchester Road sidewalk improvements . ACCEPTED THIS 19TH DAY OF MAY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 19TH DAY OF MAY, 2015. JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and 001, correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of May, 2015. I further certify that the meeting was duly called and held and that a quorum was present. Dated this llth day of May, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2015 PAGE 22 OF 22 p ROLL CALL VOTE n11// //*NOTES: p J� ttfl, 0-/ ITEM # MEETING OF / 1-1/\S/ N (Li. MOTION BY IAA SECONDED BY t YES NO ABSTAINED VICE MAYOR BARKER / COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY 1/7 MAYOR INSALACO Vil UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL r CONSENT AGENDA ITEM NOS. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. AlMbk AM. a_ City of Apache Junction, Arizona 300 E Superstition Boulevard 5 Agenda Item Cover Sheet Apache Junction,AZ 85119 i s Agenda Item No 3 /, File ID: 15-98 Sponsor: Giao Pham Agenda Date• 5/19/2015 Index. In Control City Council Meeting Proclamation designating the week of May 17 to May 23, 2015 as "National Public Works Week" Attachments. ..►o City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 -.- jariamation rut1amattun ...... , • "NATIONAL PUBLIC WORKS WEEK" MAY 17-23, 2015 WHEREAS, PUBLIC WORKS Services provided in our community are an integral part of our citizens'everyday lives,and WHEREAS,the support of an informed and understanding citizenry is vital to the efficient operation of PUBLIC WORKS systems and programs,and WHEREAS, the health, safety and comfort of this community greatly depends on these PUBLIC WORKS facilities and services,and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction is vitally dependent upon the efforts and skill of PUBLIC WORKS officials,and WHEREAS, the efficiency of the qualified and dedicated personnel who staff PUBLIC WORKS departments is materially influenced by the people's attitude and understanding of the importance of the work they perform NOW,THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Arizona, that I, Mayor John S Insalaco do hereby proclaim May 17th through May 23rd,2015 as "NATIONAL PUBLIC WORKS WEEK" in Apache Junction, and call upon all citizens and civic organizations to acquaint themselves with the efforts involved in providing our PUBLIC WORKS services, and recognize the contributions the PUBLIC WORKS employees make every day to our HEALTH,SAFETY,COMFORT AND QUALITY OF LIFE Signed this/ /; day of ;/ , 2015 6,--11 j4.,, e, HN S. INSALACO • MAYOR ATT�ES/TT.. ' 'el 1 a t.-6C`/1 1't'--' KATHLEEN CONNELLY CITY CLERK 4,111. Ark,72: 111 City of Apache Junction, Arizona 300E Superstition V � *Y x Boulevard � '- 1 Agenda Item Cover Sheet Apache Junction,AZ 85119 �e3 1. Agenda Item No 4 'rat=='" File ID: 15-131 Sponsor. Thomas Kelly Agenda Date 5/19/2015 Index. In Control.City Council Meeting ANON Presentation of the Elks Enrique Camarena Award to Officer Marshall Harshman of the Apache Junction Police Department by a representative of the Benevolent and Protective Order of Elks, Lodge Number 2349 This award is in recognition of his significant contribution in the field of drug prevention Attachments City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 City of Apache Junction, Arizona 300 E Superstition Boulevard z1140 Agenda Item Cover Sheet Apache Junction AZ 85119 / Agenda Item No 5 "��ei'1y1 File ID 15-31 Sponsor Bryant Powell Agenda Date:5/19/2015 Index In Control• City Council Meeting City manager's report Attachments. p City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 City of Apache Junction, Arizona 300 E Superstition Boulevard G}, Agenda Item Cover Sheet Apache Junction AZ 85119 •zi Agenda Item No.6. File ID: 15-136 Sponsor• Thomas Kelly Agenda Date• Index In Control•City Council Meeting Presentation of and discussion on proposed new police department badges Attachments: City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 eiN PUBLIC HEARING 1. For APPROVAL OF AN OFF TRACK WAGERING FACILITY AT MIRAGE SPORTS GRILL BY TURF PARADISE RACE COURSE 2. Will CITY CLERK KATHY CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. .1k 1.* City of Apache Junction, Arizona 300E Superstition 47 4 7 Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Z; -41'/ Agenda Item No.7. 4i File ID: 15-147 Sponsor Kathy Connelly Agenda Date.5/19/2015 Index. Local/State/Federal Statutory Requirement In Control City Council Meeting Consideration of request for approval of an off track wagering facility at Mirage Sports Grill located at 725 W Apache Trail#2A by Turf Paradise Race Course for racing from June 1, 2015 through May 31, 2018 The next step in the procedure is for the council for hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Racing Commission Attachments. �•r City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 MAY 7, 2015 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR MAY 19, 2015 (OFF TRACK WAGERING FACILITY AT MIRAGE SPORTS GRILL) A request for City Council approval of an Off Track Wagering facility at Mirage Sports Grill located at 725 W Apache Trail#2A has been submitted by Turf Paradise Race Course on behalf of Turf Paradise for racing from June 1, 2015 through May 31 , 2018 This request was forwarded to the building division, planning division, police department and fire district and their comments are attached The next step in this procedure is for the City Council to hold a public hearing on the request and make a recommendation for approval or denial which will be forwarded to the Arizona Racing Commission. Ii4PG/ladae April 19, 2015 Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ. 85219 Dear Kathleen, Turf Paradise is hereby requesting to renew its Off-track Parimutuel Wagering license for Mirage Sports Grill, located at 725 W. Apache Trail #2A, Apache Junction, Arizona. Turf Paradise is currently in the process of renewing its Permit to Operate Additional Wagering Facilities with the Arizona Department of Racing The term of the permit applied for is from June 1, 2015 through May 31, 2018 Therefore, we ask that the term of the license for Mirage Sports Grill be valid until that date A copy of the Permit to Operate Additional Wagering Facilities will be forwarded to you upon receipt. Applicant: David Johnson, Agent Mirage Sports Grill 725 W. Apache Trail #2A Apache Junction,AZ. 85120 •� Thank you for your attention to this matter. If you have any questions or concerns please contact me at(602) 375-6431. David Johnson Vice President Turf Paradise Turf Paradise Race Course♦1501 West Bell Road•Phoenix,Arizona 85023 (602)942-1101•Fax:(602)942-8659 PQACH ray OkiVitarite41/~/404V ' Home of the Superstition Mountains 4 - O P' April 28, 2015 David Johnson, Agent Mirage Sports Grill 725 W. Apache Trail #2A Apache Junction, AZ 85120 Dear Mr. Johnson Please be advised that your request for consideration of an Off-Track Parimutuel Wagering permit at Mirage Sports Grill located at 725 W Apache Trail #2A, Apache Junction, Arizona, will be heard by the City Council at their regular meeting of May 19, 2015 at 7'00 p.m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction Please note that the City Council frequently has questions for an applicant. It is strongly recommended that you or your representative attend this meeting in order to avoid any delays in the processing of your application. If you have any questions, please contact me at (480) 474-5068. Sincerely, _ . Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018•TDD(480) 983-0095 • www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 APRIL 28, 2015 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY BUILDING DIVISION PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT OFF TRACK PARIMUTUEL WAGERING FACILITY AT MIRAGE SPORTS GRILL A request for City Council approval for the renewal of an Off Track Parimutuel Wagering permit at Mirage Sports Grill located at 725 W Apache Trail #2A has been submitted by Turf Paradise Race Course on behalf of Turf Paradise Please conduct the necessary inspections and submit your recommendation by email by Wednesday, May 6, 2015, so that I can get this on the agenda for the meeting of May 19, 2015 Janet Mason From: Dave Zeltner Sent: Wednesday, May 06,2015 3:23 PM To: Janet Mason,John Suniga (john.suniga@sfmd.az gov) Cc: Larry Kirch; Kathy Connelly Subject: RE Mirage Sports Grill For the Building Department there are some concerns with the conditions of the rear exit doors which were discussed .-. with Eric the owner. I also mentioned them to John Suniga I don't think they affect the area designated for the wagering,so I have no issues with the license being approved. Dave Z. From: Janet Mason Sent: Wednesday, May 06, 2015 2.29 PM To: Dave Zeltner; John Suniga (john.suniga@sfmd.az.gov) Cc: Larry Kirch; Kathy Connelly Subject: Mirage Sports Grill I have not yet received your department recommendation for the off track wagering at Mirage Sports Grill for Turf Paradise Please have your recommendation to me no later than noon tomorrow so that this can be on the May 19 meeting agenda Jaw Mary Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 Jmason@ajaty net i Janet Mason From: Rudy Esquivias Sent: Tuesday, April 28,2015 1.54 PM To: Janet Mason, Dave Zellner, John Suniga (John suniga@sfmd az.gov),Jeff Robinson Cc: Larry Kirch Subject RE• Parimutuel wagering renewal request -Turf Paradise .rJa n The Planning Division has no objections to the renewal of Turf Paradise's wagering permit at Mirage Sports Grill. cityd#ckgaivia� Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7 00am to 6.00pm, closed Fridays and Holidays ) From: Janet Mason Sent:Tuesday, April 28, 2015 11:49 AM To: Rudy Esquivias; Dave Zellner, John Suniga (john.suniga@sfmd.az.gov); Jeff Robinson Cc: Larry Kirch Subject: Parimutuel wagering renewal request-Turf Paradise I have received a request for a renewal of a pa ri-mutuel wagering permit from Turf Paradise for the Mirage Sports ,.,Grill Please have your department recommendations to me no later than Wednesday, May 6 in order for this to be on he agenda for May 19 Thanks Jcwv Ma�osti Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason@aicity net i Janet Mason From: Jeff Robinson Sent: Tuesday,April 28,2015 2.06 PM To: Janet Mason Cc: Thomas Kelly;Troy Mullender Subject: RE Parimutuel wagering renewal request- Turf Paradise Janet the police department has no objects for the renewal of an Off Track Pari-mutuel wagering permit at the Mirage r. Sports Grill located at 725 West Apache Trial#2A From: Janet Mason Sent: Tuesday, April 28, 2015 11'49 AM To: Rudy Esquivias; Dave Zellner; John Suniga (john.suniga@sfmd.az.gov); Jeff Robinson Cc: Larry Kirch Subject: Parimutuel wagering renewal request-Turf Paradise I have received a request for a renewal of a pari-mutuel wagering permit from Turf Paradise for the Mirage Sports Grill. Please have your department recommendations to me no later than Wednesday, May 6 in order for this to be on the agenda for May 19 Thanks Ja.w Mci4o-w Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason@ajcity net 1 /M. r `o�'4`Y we CRf�l Superstition Fire & Medical District 'FAl z' ,R • 3700 E 16th Avenue, Apache Junction, AZ 85119 1= Phone (480) 982-1299, Fax (480) 982-3268 o'Q.Zoe° www sfmd az gov MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd. Apache Jct ,AZ 85219 FROM: John Sumga, Deputy Fire Marshal DATE May 6,2015 SUBJECT Application for Off Track Wagering, 725 W.Apache Trail#2A,Apache Jct,AZ The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 725 W Apache Trail #2A, (Mirage Sports Gnll) We have recently completed a fire and life safety inspection with no major violations found that would prohibit this activity We therefore would recommend approval of this application Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-1299. Thank You JOS ATTN: Application ROLL CALL VOTE N T 0 O ES: Allikk -1\i\j1/4\;' 0(-\-.N:r i I ITEM # MEETING OF MOTION BY: SECONDED BY• v YES NO ABSTAINED O CI ZI COUNCILMEMBER WILSON 1 VICE MAYOR BARKER �✓ COUNCILMEMBER SERDY v/ COUNCILMEMBER EVANS V COUNCILMEMBER WALDRON 4 MAYOR INSALACO / UNANIMOUS/ IN FAVOR OPPOSED ABSTAINED TOTAL Al Rik ITEM NO. 7 I MOVE THAT THE REQUEST FOR AN OFF TRACK WAGERING FACILITY AT MIRAGE SPORTS GRILL BY TURF PARADISE RACE COURSE, SUBMITTED BY DAVID JOHNSON, FOR THE PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2018, BE RECOMMENDED (FOR APPROVAL) OR(FOR DENIAL) TO THE ARIZONA RACING COMMISSION .r. .00%, 411111. AIM Ilk 7?1, ,-r• City of Apache Junction, Arizona 300 E Superstition ' � Boulevard - Agenda Item Cover Sheet Apache Junction,AZ 85119 ri Agenda Item No 8. "r`t4"N File ID: 15-150 Sponsor Bryant Powell Agenda Date.5/19/2015 Index In Control. City Council Meeting Discussion on and possible consideration of further revisions to the proposed intergovernmental facilities use agreement between the city of Apache Junction and the Apache Junction Unified School District No 43 On Saturday, May 9, 2015 the mayor and city council approved an intergovernmental agreement with the Apache Junction Unified School District No 43 (draft agreement dated May 6, 2015)with minor revisions As part of their meeting agenda on Tuesday, May 12 at 6 00 p m , the Apache Junction School Board will discuss this intergovernmental agreement This item allows the mayor and council to have further discussions and/or take action on the intergovernmental agreement should the school board make additional changes Attachments. (' City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER W ILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Adwok ITEM NO. 8 I MOVE THAT THE INTERGOVERNMENTAL FACILITIES USE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 APPROVED MAY 9, 2015 BY THE CITY COUNCIL BE REVISED AS FOLLOWS. ... p. " r t City of Apache Junction, Arizona 300 E Superstition f{ Boulevard 6 !i Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.9. File ID: 15-132 Sponsor:Anna McCray Agenda Date.5/19/2015 Index: In Control. City Council Meeting .•.. Direction to staff on development of a diversity pledge At the May 4, 2015 Work Session, city council discussed their desire for the city to adopt a diversity pledge by resolution recognizing the city as a diverse and inclusive community Attachments. City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 IROLL CALL VOTE NOTES 1) / )\)1/4,\,e\ vy,ri , ? \i' ITEM # MEETING OF u\cdpv ...„ MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER 1' COUNCILMEMBER WALDRON I COUNCILMEMBER WILSON ✓ COUNCILMEMBER EVANS V IZ COUNCILMEMBER SERDY MAYOR INSALACO / UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL Aornak Aganik ITEM NO. 9 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE DEVELOPMENT OF A DIVERSITY PLEDGE pSN hE City of Apache Junction, Arizona 300E Superstition Boulevard s. i= Agenda Item Cover Sheet Apache Junction AZ 85119 •f Agenda Item No. 10. (It 1' File ID: 15-133 Sponsor.Anna McCray Agenda Date 5/19/2015 Index. In Control City Council Meeting Direction to staff on the formation of a youth council At the May 4, 2015 Work Session, city council discussed their desire for staff to further develop structure and guidelines for a youth council Attachments. City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 l ROLL CALL VOTE ,r1 )4) I NOTES (ici lij jj:jr rif \ 'P3 1 .14)- 74') /1/ Am. I t %.\) , r ‘f-.1.--) / ITEM # 'Q MEETIN OF 1 MOTION BY: SECONDED BY YES1 NO ABSTAINED COUNCILMEMBER EVANS vj ' VICE MAYOR BARKER COUNCILMEMBER WALDRON J COUNCILMEMBER SERDY V COUNCILMEMBER WILSON MAYOR INSALACO 1 UNANIMitS IN FAVOR OPPOSED ABSTAINED TOTAL Ask ITEM NO. 10 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FORMATION OF A YOUTH COUNCIL• City of Apache Junction, Arizona 300 E Superstition • Boulevard v{ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 11 File ID: 15-134 Sponsor Anna McCray Agenda Date•5/19/2015 Index. In Control. City Council Meeting Amok Direction to staff on modifications to the city's talent bank application for boards and commissions applicants, modifications to the online application, and applicant process Attachments. City of Apache Junction,Arizona Page 1 Printed on 5/12/2015 ,i. ROLL CALL VOTE NOTE , og.t) 1)./)1\ V p:?\ ....., k\'' Y k' ITEM # MEETING •F c\\ PI MOTION BY: SECONDED BY " YES NO ABSTAINED COUNCILMEMBER WALDRON J COUNCILMEMBER EVANS v COUNCILMEMBER SERDY S VICE MAYOR BARKER I. COUNCILMEMBER WILSON V MAYOR INSALACO \./ UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL lok /'\ ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING MODIFICATIONS TO THE CITY'S TALENT BANK APPLICATION FOR BOARD AND COMMISSION APPLICANTS, MODIFICATIONS TO THE ONLINE APPLICATION, AND APPLICANT PROCESS. ROLL CALL VOTE NOTES: _A' v A ITEM # qtY MEETIN O 4./v, ' "" SE frAl MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY j �011•K `r�vl , COUNCILMEMBER EVANS / COUNCILMEMBER WILSON t/ COUNCILMEMBER WALDRON ./V VICE MAYOR BARKER MAYOR INSALACO 7 1 UNANIMOIJ'S / IN FAVOR OPPOSED ABSTAINED TOTAL .\, ITEM NOS. 12-13 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, JUNE 1, 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, JUNE 2, 2015, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I 1 (b1 I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS REG: SPEC:. ) CITY COUNCIL: P / A P / A P / A MAYOR INSALACO V I/ VICE MAYOR BARKER V I COUNCILMEMBER EVANS / l./ COUNCILMEMBER RIZZI 4 L/ / COUNCILMEMBER SERDY if. COUNCILMEMBER WALDRON f r� COUNCILMEMBER WILSON I I/ TOTAL III (Gn 1 b / CITY STAFF: 6 1 �r City Manager George Hoffman 2,--"" Assistant City Manager Bryant / Powell 4/ City Clerk Kathleen Connelly f� City Attorney Joel Stern i/ Public Safety Director Tom Kelly t: i-'--- Public Works Director Giao �,' Pham Parks & Recreation Director ' / Jeff Bell v Library Director Spencer Paden o /Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director / Larry Kirch y' Human Resources Director Liz �/ Riley A ,,ri 41-'1 Assistant to the City Manager 4,17A-1L/ Matt Busby �AZ a OTHERS: 1 Date: J - f 1 I CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public i/ (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 ❑ ❑ Ism in favo of the proposed Item. ❑ I am opposed to the proposed Item. i /655 At55Ele Name (Print) r• J / 5' /l &Oil), '� V ci 19 Address City Zip Code 48D2- J5 -17-ueha.r c 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. t 'sent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12