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HomeMy WebLinkAbout2015 11.17 City Council Regular Agenda A. I 0z7..ia= r�,h City of Apache Junction, Arizona Meeting location ' t 4�'i City Council Chambers at City Hall t, Agenda 300 E Superstition Blvd Apache Junction,AZ ^`•ia=41- 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,November 17,2015 7.00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review 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 for approval of minutes of regular meeting of November 3,2015 3. Consideration of the proposed master plan for the downtown park 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 clanfying 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 clanfication inquiries 4. City Manager's Report City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 City Council Meeting Agenda November 17,2015 H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 5. Consideration of proposed Resolution No. 15-29, declaring portions of federally patented easements located at Junction Drive from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Drive, and Outpost Road from Old West Highway to Junction Drive, are no longer necessary for public use as federally patented easements and are hereby extinguished as present and future public rights-of-way Staff respectfully requests approval of this item 6. Consideration of proposed Resolution No 15-31, declaring portions of dedicated public rights-of-way located on 2nd Avenue between Idaho Road and Explorer Road and located on Explorer Road between 2nd Avenue and Junction Street are no longer necessary for public use as roadways and are hereby abandoned as present and future public rights-of-way. Staff respectfully requests approval of this item 7 Consideration of Ordinance No 1418, relating to the transaction privilege license tax(sales tax), amending the Tax Code of the City of Apache Junction by continuing the rate of taxation by two-tenths of one percent (.2%) as originally adopted by Ordinance No 1129 and initially continued by Ordinance No 1359, designating the purpose, designating an effective date; p` designating a termination date, commonly known as the "sunset clause", providing for existing contracts, providing for penalties, repealing any conflicting provisions, providing for severability, and providing for notice The mayor and council gave direction at the September 1, 2015 meeting to prepare an ordinance that would allow for the continuation of the 2% sales tax set to expire on September 1, 2016 This .2% would be dedicated to paying mandatory contributions to the Public Safety Personnel Retirement System and other city law enforcement costs Public hearing and vote on the proposed ordinance City of Apache Junction,Arizona Page 2 Printed on 11/9/2015 City Council Meeting Agenda November 17,2015 8. Consideration of Ordinance No 1420, adopting a new Article VI Use Taxes set forth in the Model City Tax Code, designating an effective date, providing for penalties, repealing any conflicting provisions, providing for severability, and providing notice The mayor and council gave direction at the September 15, 2015 meeting to prepare an ordinance amending the city tax code by .Ov adopting a use tax and place it on the November 17, 2015 agenda for a public hearing and vote OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 9. Consideration of appointments of applicants to the Planning and Zoning Commission, Board of Adjustment and Parks and Recreation Commission This item gives council the opportunity to fill the remaining vacancies on city boards and commissions J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 10. Council direction to staff on possible amendment to both the operational agreement and Ordinance No 1034 related to the landfill located south of Baseline Road at the Tomahawk alignment. 11. Presentation, discussion and possible direction to staff on proposed amendments to the Planning and Zoning administrative fees. 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, November 30, 2015 13. Executive Session at 5.45 P.M for Tuesday, December 1, 2015. Other meetings if necessary City of Apache Junction,Arizona Page 3 Printed on 11/9/2015 City Council Meeting Agenda November 17,2015 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 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 ACINI or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker;2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095 City of Apache Junction,Arizona Page 4 Printed on 11/9/2015 ..•.. CITY COUNCIL REGULAR MEETING NOVEMBER 3, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 3, 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 Commander Jim Johnson from Post #9399 led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron A.., Councilmember Wilson Staff Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Development Services Director Larry Kirch Others Present : Public Information Officer Al Bravo REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 1 OF 29 Sponsorship/Partnership Programs Administrator Roger Hacker Senior Planner Rudy Esquivias Economic Development Administrator Janine Solley ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. •tea Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Safety Director Tom Kelly gave a brief presentation on the twenty-five years of service of Sergeant Glen Durkin. City Manager Bryant Powell presented Sergeant Glen Durkin with 40 hours of time off, a service hour check, and a plaque thanking him for his years of service. Councilmember Wilson commented on the large animal training lessons received by members of the police department and fire district. He then requested a member of the police department and fire district speak on the large animal rescue training they received. Officer Beck Tripp gave a brief overview of the two-day training session. He stated it is a good tool to have in their tool box The police department will be able to assist the fire district on these rescues . Firefighter Mark Blackstone stated this course was a little different . They are used to people with two legs and they had to learn how to safely extricate horses and/or riders in these scenarios . He thanked those who ponied up the fees for the class, they corralled a great team of rescuers and they should not have any issues in stabilizing the injured. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 2 OF 29 Councilmember Wilson recognized County Supervisor Todd House who sits on the Superstition Fire and Medical District Board. The board and fire chief made it possible for three firefighters to attend the training and they will now teach others . He hopes they will never have to use the training but is grateful they received it. He added they can contact him for any special tools they may need and he will see what they can do to acquire them. He asked the mayor to assist him in handing out certificates of thank you recognizing the six people, businesses and organizations for paying the expenses for the training. He also thanked the Friends of Apache Junction who made it possible. Those receiving certificates were: Rich Szaba, Chester and Nancy Burgess, Superstition Mountain Promotional Corporation, East Valley Backcountry Horsemen, Crazy Horse Tack Shop, and the Superstition Horsemen' s Association. Councilmember Waldron commented they should also recognize Councilmember Chip Wilson for putting this training together and doing all the work to get this accomplished. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker announced Councilmembers Evans, Waldron and she attended the Pinal County Town Hall a couple of weeks ago. It was held at Signal Butte High School in San Tan Valley and the high school culinary class catered with wonderful food. They had very good sessions . Vice Mayor Barker announced most of the council attended the first neighborhood meeting last week. It is the season where they go to as many neighborhood meetings as they can to answer .•. any questions . Vice Mayor Barker announced she and Councilmember Waldron went to Gateway to celebrate Allegiant' s eighth anniversary. Vice Mayor Barker announced she went to the library on Saturday for their Harry Potter Party. They had 200 plus youngsters making dinosaur eggs and having fun. They then went to the Halloween event at parks and recreation. Councilmembers Evans and Rizzi were also at the latter event . This year they had it at the multi-generational center. The police department' s GAIN event was also there. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 3 OF 29 Councilmember Waldron commented anyone who has flown Allegiant Airlines out of Gateway realizes what an asset to the East Valley they are . For their eighth anniversary they gave them t- shirts where they lined up for two flights coming in. They applauded the people debarking from the first flight that landed and it was fun watching their reactions . They also had cake, water and each was given a gift . Councilmember Evans announced there are a lot of fun things going on this weekend. Saturday is the Farmers' Market at Horizon Health and Wellness . The Festival of the Superstitions will be Saturday and Sunday. Sunday morning they have a veteran' s celebration at 11 : 00 a.m. They also have the parade on November 11 . Councilmember Serdy commented he was seconding the Festival of the Superstitions . It would be nice to grow this to be as big as Lost Dutchman Days someday. Mayor Insalaco commented he would like to thank Vice Mayor Barker and Councilmember Waldron for attending the Gateway celebration for him. He was supposed to be there but he had a medical procedure done. It looks like he missed out on a lot of fun. Mayor Insalaco announced Mitchell Gaffney, a member of Troop 39 of East Mesa/Apache Junction Charter VFW Post 9399 was in attendance. CITY MANAGER' S REPORT City Manager Bryant Powell commented they will hear from the Revenue Development Division and there is one more item after that. Sponsorship/Partnership Programs Administrator Roger Hacker briefed the council on various contributions over the last several months from corporations, organizations and individuals. He gave a brief presentation on the philanthropic effort. He pointed out several organizations and had the mayor announce representatives to stand up for recognition. The mayor added information on additional donations they are doing in the future. The time period from now to the end of the year is REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 4 OF 29 ANkik Amok critical for donations . They need to position the nonprofits and the city to get some of those funds and volunteers. Councilmember Rizzi commented this is great information he has presented and she appreciated his sharing it with the council and community. She added they have a Shop Local Program here in the community and one of the things important about that is it supports the local businesses . They also need to donate local Ai NI\ and make sure the donations are staying here in the community. It is time they start asking those that are asking for donations if those donations are staying here in the community. It is not that there are organizations they should not be donating to, but there is nothing wrong in holding our stores accountable. We shop and support them and hold them accountable for our donations as well to make sure they are staying it the community. Sponsorship/Partnership Programs Administrator Roger Hacker stated that is a great point. It was brought out in the research by the Merrill Lynch Foundation. They say that the baby boomer generation is going to want to know how the funds are being used, have accountability and transparency. They want to be able to direct where their money or products are going. Councilmember Evans commented this is a great community of people that live here and enjoy living here and wanting to go ahead and donate from their estates . That is just heartwarming. City Manager Bryant Powell stated they also have the Pinal Partnership Open Space and Trails Committee regarding the importance and economic benefit of open space and trails in the i•. county. He requested Gina D'Abella brief the council . Ms . Gina D'Abella gave a brief presentation on the committee and the open spaces and trails, the areas that are protected, the areas that are favorites but are not protected, the military operations on some lands, the recreational opportunities and economic benefits, healthcare savings from exercise, and the Pinal County Open Space and Trails Master Plan. Vice Mayor Barker thanked her for the delightful tour of the county and reminding them of their responsibilities to the land and nature around us . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 5 OF 29 PUBLIC HEARINGS RESOLUTION NO. 15-33, DECLARING THE 2015 AMENDMENTS TO CHAPTER 8 BUSINESS A PUBLIC RECORD/ ORDINANCE NO. 1421, AMENDING CHAPTER 8 BUSINESS BY REPEALING ARTICLE 8-5 MASSAGE ESTABLISHMENTS, SECTION 8-5-5 ^►. PERMITTED LOCATIONS, ARTICLE 8-6 LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS, ARTICLE 8-9 SALES WITHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS AND ARTICLE 8-10 TEMPORARY FOOD AND BEVERAGE VENDORS IN THEIR ENTIRETY EXCEPT FOR ARTICLE 8-8 WHICH SHALL BE AMENDED BY THE 2015 AMENDMENTS TO THE CITY CODE, CHAPTER 8 BUSINESS City Attorney Joel Stern stated they can combine Items 8 and 9 into one public hearing but have a separate vote on each. He then briefed the council on the items . Councilmember Rizzi stated it is exciting and let us get it done. City Manager Bryant Powell stated it is very exciting and they are looking forward to assisting in the process . 'ft. Mayor Insalaco opened the public hearing on the items . There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 6 OF 29 ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 8 BUSINESS; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . Aar The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1421 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Waldron MOVED THAT ORDINANCE NO. 1421, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 15-34, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR OLD WEST MARKETPLACE Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 7 OF 29 0.. Mayor Insalaco commented for the audience' s information they will be getting rid of that old Chevron gas station; that building that has been up there for 15 years . Councilmember Waldron asked if the zoning he indicated in the resolution is in the second whereas statement . Senior Planner Rudy Esquivias stated the zoning on the property is B-3 . He did call out the zoning correctly but mislabeled it General Commercial . It is actually called City Center. In their version of the resolution he believes it says General Commercial. Councilmember Waldron commented they have it in theirs, too. 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 RESOLUTION NO. 15-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT AMENDMENT FOR APACHE JUNCTION PLAZA SUBDIVISION AND INCORPORATING SAID SUBDIVISION PROPERTIES INTO A NEW, LARGER, PRELMINARY SUBDIVISION PLAT TO BE NAMED "OLD WEST MARKETPLACE" COMMERCIAL SUBDIVISION, IN CASE SD-2-15, BY WGG PARTNERS LLC, REPRESENTED BY COLBY FINCHAM OF THE BARCLAY GROUP AND SEG, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 8 OF 29 Mayor Insalaco commented for the public' s information they are going from 60, 000 sq. ft. to 120, 000 sq. ft . They are doubling the size of the store. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR VFW POST #7968 FOR DECEMBER 6, 2015 City Clerk Kathleen .•. Connelly briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and requested the applicant address the council . Mr. Kevin Voight, representing the club, addressed the council. Mayor Insalaco asked if they were having a party and if they are invited. Mr. Kevin Voight stated it is a tailgate party. They are invited; everyone is invited. There will be a chili cook-off or whatever they want to make. The proceeds are going to the Purple Heart Society. Vice Mayor Barker commented it sounds like fun. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR VETERANS OF FOREIGN WARS POST #7968 FOR DECEMBER 6, 2015, SUBMITTED BY KEVIN VOIGHT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 9 OF 29 The motion carried. OLD BUSINESS APPOINTMENTS/REAPPOINTMENTS OF APPLICANTS TO THE BOARD OF ADJUSTMENT, CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, LIBRARY BOARD, MUNICIPAL PROPERTY CORPORATION, PARKS AND RECREATION COMMISSION, AND PLANNING AND ZONING COMMISSION City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron commented since they do not have anyone that qualifies for the Construction Code Board of Appeals we will not be filling those tonight . City Clerk Kathleen Connelly stated not at this point in time. Mr. Shoenbeck expressed interest but he does not fit within those specialized categories and Mr. Cannizzaro who you previously interviewed does not fit in the categories plus he does not have a current Registrar of Contractors license. Councilmember Waldron commented they are looking at the two on the Industrial Development Authority and later on direction on Planning and Zoning. Vice Mayor Barker commented they are also appointing for the Board of Adjustment . City Clerk Kathleen Connelly stated and direction on the sewer board. City Attorney Joel Stern stated the title of number twelve includes the filling of these positions and it includes the Planning and Zoning Commission. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 10 OF 29 However, we also have a direction to staff item on how to fill that . He does not think they need the direction to staff item. Vice Mayor Barker commented that was her question. City Attorney Joel Stern stated it is in the title so it is in public. The question was ,.. asked of him before the meeting on this . He did not see that until he compared the two. He thinks they can appoint . City Clerk Kathleen Connelly stated at the time she prepared this agenda item we had expected the resignation so she thought she crafted it so that if they wanted to fill it, should the resignation come in and they wanted to act on that resignation, they could do so under this item. Vice Mayor Barker asked when the planning and zoning position is up. She knows it is just six months . City Clerk Kathleen Connelly stated that is the sewer board. The planning and zoning position will expire on October 31, 2017 . Vice Mayor Barker commented they also have a list of five people they were given who said they were interested in applying for planning and zoning. Several of these people have already been appointed to other boards . City Clerk Kathleen Connelly stated that is correct. Vice Mayor Barker commented last night they also had Sue Warner come in and her interest was predominantly health and human services but she said she would be willing to serve on any board. That might take some discussion. She would be willing to make a motion on the board of adjustment while we are thinking this over. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 11 OF 29 Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT JODENE WEETER BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2017 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a motion on the Industrial Development Authority. Vice Mayor Barker MOVED THAT JAMES BURCZEWSKI BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2020 . Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT CAROL KAUSCHER BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2020 . Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Barker commented that brings us back to planning and zoning. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 12 OF 29 p Mayor Insalaco commented he thought there was something else before that. Vice Mayor Barker commented that according to what she understood from the city attorney, because planning and zoning was in the title of this specific item, we could go ahead and appoint somebody here and not bother with the direction to staff at item number 14 . We would not .�. have to do that . City Attorney Joel Stern stated that is correct . Councilmember Rizzi asked if they are still going to have the applicants come back or are we just going to appoint someone. Vice Mayor Barker commented they actually talked to them two weeks ago. We could do it any way the council would wish to do it but we did talk to all of these people two week ago. We have one person on this list who is on a major board. We had discussed earlier on that we would prefer not to have the same person on two major boards if it was possible. Mayor Insalaco commented this person also, for the last three times we have done this, has applied for the planning and zoning and has always been put off until he went to parks and recreation. With his background and the way his resume reads, he would like to see him on planning and zoning and give up the parks and recreation. p Councilmember Waldron commented he has a very impressive background. Vice Mayor Barker agreed. Mayor Insalaco agreed. Councilmember Serdy commented without mentioning any names he means Mr. Howard. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 13 OF 29 Councilmember Waldron commented that is correct. Mayor Insalaco commented his application is impeccable. Councilmember Rizzi and Vice Mayor Barker asked if we knew if he would be willing to give up parks and recreation. Mayor Insalaco commented he told him he would be willing to give up parks and recreation and he knows he would have to get off the one he is on because it conflicts . Councilmember Waldron commented that is the board of adjustment. Vice Mayor Barker commented that opens another door. Close one door and open another. City Clerk Kathleen Connelly stated they have four people, and now with Jodene, five. Vice Mayor Barker commented all of these people are on the board of adjustment except for Sue Warner who was in last night. He would actually have to give up both boards . Mayor Insalaco commented he is willing to give up both boards . p Councilmember Serdy commented he does not have to give up parks and recreation. Mayor Insalaco commented he does not . Vice Mayor Barker commented he does not but he should. Mayor Insalaco commented he had several people explain to him they are trying to pass it REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 14 OF 29 AW around and he got on because he could not get on planning and zoning. Councilmember Serdy asked if they could delay it for a while to let him be on both for a little bit . Councilmember Waldron commented he thought they should probably fill it . He has the background and the expertise. Planning and zoning needs the position filled. That is his opinion. Councilmember Rizzi commented she thought Councilmember Serdy was asking if he could stay on both boards for a short period of time. Vice Mayor Barker commented he cannot be on the board of adjustment and planning and zoning at the same time. City Attorney Joel Stern stated that is correct . He cannot be on a quasi-judicial board at the same time as a recommending board. Councilmember Rizzi asked Councilmember Serdy to clarify. Councilmember Serdy commented we have a couple people already on both boards that are on planning and zoning. "W Vice Mayor Barker commented that is true but our stated goal was to stop that practice if we have a variety of applicants which we very fortunately had for the last cycle to try very hard to stop that practice. To give those folks that are coming out of Citizens' Leadership Institute the opportunity to serve on boards and commissions. Otherwise it was the same people serving over and over and no one else had the opportunity. Councilmember Serdy commented he understands that . He is just trying to solve a problem for tonight. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 15 OF 29 Mayor Insalaco commented he would say it the way Mr. Howard put it . He would like to put all his energy on planning and zoning. So he wants to give up parks and recreation. Vice Mayor Barker commented and board of adjustment. ... Mayor Insalaco commented that is correct . He knows that. City Clerk Kathleen Connelly stated Mrs . Warner has not participated. Vice Mayor Barker commented that is correct . City Clerk Kathleen Connelly stated she believes, in addition to the health and human services commission, her other choice was parks and recreation. Vice Mayor Barker commented it all sort of flows out into the wash when you look at it from that point of view. So he would like to appoint Mr. Howard to planning and zoning and have him then resign from the other two boards . Councilmember Waldron commented that is the idea. Vice Mayor Barker commented she would make the motion if they would like her to. Councilmember Wilson asked what they are doing; are they putting someone on these two. Vice Mayor Barker commented they cannot because he is still in them until resigns . Councilmember Wilson asked if they would have to make a motion saying on condition that he resigns or fills out his resignation. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 16 OF 29 Mayor Insalaco commented he did not think they would have to do that. Vice Mayor Barker suggested they have Mr. Howard come in on the next council meeting, turn in his resignations and we can have this on the agenda and appoint him. That way we are not crossing over any boundaries . �► Mayor Insalaco commented they can end it right there. City Attorney Joel Stern stated they can then do a direction to staff to bring it back for the next meeting. Vice Mayor Barker commented they would bring Mr. Howard. City Clerk Kathleen Connelly stated they are doing nothing further. Mayor Insalaco and Vice Mayor Barker commented they are not . Councilmember Rizzi commented verbal resignations are permitted; they do not have to be in writing. Vice Mayor Barker commented he will bring it in in writing. City Clerk Kathleen Connelly stated it is always preferable to have it in writing. If he were here they could have proceeded. Mayor Insalaco commented he would have been if he had known it was on here. It was the last minute. That is the best way so let us do it that way. He then closed the item with no further comments and moved on to the next item. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 17 OF 29 None. DIRECTION TO STAFF FINAL APPROVAL OF CASE PZ-1-14 LANDSCAPE PLAN FOR WALTER R. QUANSTROM Development Services Director Larry Kirch briefed the council on the item. �. Vice Mayor Barker asked if they are directing staff to approve this final landscape plan. Development Services Director Larry Kirch stated this is an unusual situation. They would like the council to direct staff to grant approval by the council. Councilmember Wilson commented this was confusing to him and he could not figure out what they were trying to do. Vice Mayor Barker commented that is why she asked what is it they are directing staff to do. Development Services Director Larry Kirch stated to direct staff to accept his final landscape plan. Mayor Insalaco called for a motion. p Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FINAL APPROVAL OF CASE PZ-1-14 LANDSCAPE PLAN FOR WALTER R. QUANSTROM: THAT STAFF ACCEPT HIS LANDSCAPE PLAN. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 18 OF 29 PROCESS OF FILLING VACANT POSITION ON PLANNING & ZONING COMMISSION Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS ON FILLING THE VACANT POSITION ON PLANNING AND ZONING A^ COMMISSION: THAT THIS BE BROUGHT BACK TO US IN TWO WEEKS AT THE 16TH AND 17TH OF NOVEMBER SO THAT WE MAY ACCEPT A RESIGNATION FROM WILLIE HOWARD FROM THE TWO CURRENT COMMISSIONS AND HE MAY BE INTERVIEWED FOR PLANNING AND ZONING. Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly stated they then want the appointment on Tuesday night . VOTE: Unanimous . The motion carried. Vice Mayor Barker commented before they go on they are going to have two more boards to fill at that point . She asked how they want to do that, if they want to have that as part of the work session on the 16th. Mayor Insalaco commented why not as they do not need to drag it out anymore. Ask Vice Mayor Barker commented they can use the sheets they were given that have all the people that were interested in any other board. She asked if that was acceptable or if they wanted a whole new thing. The consensus of the council was to use the sheet with the table City Clerk Kathleen Connelly asked if they just want that sheet or if they also want the binder back with all the applications . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 19 OF 29 The consensus of the council was they did not want the binder back. City Clerk Kathleen Connelly stated their interest is not just the planning and zoning commission but also the board of adjustment and parks and recreation. Vice Mayor Barker commented ^ that is correct . Councilmember Wilson asked if they need them to come back, too. City Attorney Joel Stern stated that can be done by the city manager. He can put that on the agenda administratively. They do not need a motion for that . City Clerk Kathleen Connelly asked again if they wanted both of them included. Vice Mayor Barker commented this is the page that said the following people already expressed interest in any other position. City Clerk Kathleen Connelly stated that is what we will give you. Vice Mayor Barker stated the other sheet said just planning and zoning which will already be filled. They are looking at the longer one. '^ Mayor Insalaco closed the discussion and moved on to the next item. PROCESS ON FILLING VACANT BOARD MEMBER POSITION AT SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 City Manager Bryant Powell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 20 OF 29 Ask Mayor Insalaco commented people have to realize this is a big commitment. Councilmember Waldron commented they talked about asking for the applications for the terms that expire in July. It could be the same advertisement . Vice Mayor Barker commented a they also talked about the possibility of having the current board give us some qualifications and questions. Councilmember Serdy commented this position cannot be a city employee. Even though it is not a city-related. City Attorney Joel Stern stated that is correct . Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS OF FILLING THE VACANT BOARD MEMBER POSITION FOR SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1; THAT THE CITY MANAGER CONTACT THE DISTRICT MANAGER AND ASK THE DISTRICT AND THE BOARD FOR APPLICANT QUESTIONS AND QUALIFICATIONS FOR APPLICANTS; AND THAT THE CITY ADVERTISE FOR APPLICANTS FOR THE CURRENT VACANT POSITION AS WELL AS THOSE POSITIONS WHOSE TERMS WILL EXPIRE IN JULY OF 2016; AND THAT CURRENT BOARD MEMBERS WHOSE TERMS WILL EXPIRE IN JULY BE 41.1.1" CONTACTED TO DETERMINE THEIR INTEREST FOR BEING REAPPOINTED; AND ENCOURAGE APPLICANTS TO USE THE ONLINE PROCESS; AND ASK THAT THIS BE BROUGHT BACK FOR THE NOVEMER 30 WORK SESSION AND DECEMBER 1 REGULAR SESSION. Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly stated hopefully that gives them enough time to go through the advertising process in the newspapers and then get applications . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 21 OF 29 Councilmember Waldron commented they plotted out the time. He thinks they are going to have enough time. Mayor Insalaco commented that is a whole month. City Manager Bryant Powell stated he knows that the district would like to get going as �-► quickly as possible. We have Al Bravo from our public information office who will get going on getting the word out through our different mechanisms . We can get going on it right away if that is their wish. We can also wait until mid-December as well . He personally thinks they can the word out. Mayor Insalaco commented they want it as soon as possible. City Clerk Kathleen Connelly stated the deadline for that council packet is roughly two weeks before that . Councilmember Wilson commented they are cutting it short. City Manager Bryant Powell asked if it was moved to the 14th and 15th, it is just he does not know when the next board meeting is . He does not know if Darren would be looking at a January board meeting. City Attorney Joel Stern stated the next board meeting is on Friday but they probably have the agenda done for that. They have one in December unless they cancel it which sometimes they do. He does not know if they will in this case. The December meeting is December 18 . Vice Mayor Barker commented that would give them the opportunity to go to the second meeting in December. We would be very sure to get all the applications in of those who might be interested. Mayor Insalaco commented as long as the meeting is not until then that is fine. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 22 OF 29 AW Councilmember Waldron MOVED TO CHANGE IT TO THE SECOND MEETING IN DECEMBER. Vice Mayor Barker SECONDED THE CHANGE. City Clerk Kathleen Connelly stated it will be December 14 for the interviews and December 15 a for the appointment. VOTE: Unanimous . The motion carried. POSSIBLE BOARDS AND COMMISSIONS RECOGNITION PROGRAM Vice Mayor Barker commented she had a couple of questions on what was discussed the last time on this . We said we would like an annual volunteer dinner. The council consensus was yes . Vice Mayor Barker commented they said they wanted either certificates or plaques . She does not remember whether anything was decided for ten years plus of service on a board or commission. Councilmember Waldron commented they talked about individual boards have recognition Ask processes where they do a plaque. They would do that and the council would do the dinner. City Manager Bryant Powell stated they can do that. Vice Mayor Barker commented the individual boards are going to have to go back in their records to determine who has served ten years plus on their particular board. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 23 OF 29 City Clerk Kathleen Connelly stated we will do that. City Manager Bryant Powell stated Kathy can help with that. City Clerk Kathleen Connelly stated those are council appointees. It would show in the council minutes more so than the individual board and commission .. minutes . They will not need to do that. City Manager Bryant Powell stated that data that you have can be shared with the different staff members . City Clerk Kathleen Connelly stated absolutely. Vice Mayor Barker commented they can arrange to do whatever they would like to do for their board members . It may be different for each board. City Manager Bryant Powell stated the one thing that could be consistent is at the annual meeting they could, in the direction tonight, talk about the ten year. They do have some data that is starting to get it on the 10-year and 15-year for those annual awards that is similar to the League conference that they know about. They could be prepared at those meetings to be a plaque if they want to do so. Vice Mayor Barker commented they can reserve the plaque for ten plus years, or ten and then fifteen and twenty. City Manager Bryant Powell stated when they get into those high numbers it is kind of like their staff. You iust do not have it very often and you end up doing a really neat thing like we did for Glen or Troy. Councilmember Rizzi commented they are looking at the ten year not certificates or anything less than ten. We are just going with the ten years plus . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 24 OF 29 City Manager Bryant Powell stated that is up to the council. They can do less for the certificates . Mayor Insalaco commented anything under tan they should still get the certificate, but after ten he thinks they deserve a plaque. ,.� Councilmember Rizzi commented she would like to see the certificates is why she mentioned it . It could be five years but she is not sure how it should be. City Manager Bryant Powell stated they could do the five year mark for certificates . Councilmember Rizzi commented she does not know what a good year to mark it would be but just something. Five years is a lot to donate your time. Vice Mayor Barker asked if they want that at a dinner or at individual boards . Councilmember Rizzi commented she thinks a certificate would be nice. Vice Mayor Barker asked again if that was at the dinner. She agreed, but she wanted to clarify it. The council consensus was at the dinner. Councilmember Wilson commented that way they can still recognize them for the five years . Councilmember Rizzi commented the board terms are three years but then it gets kind of funny. Mayor Insalaco called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 25 OF 29 Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE POSSIBLE BOARDS AND COMMISSIONS RECOGNITION PROGRAM: THAT WE HOST AN ANNUAL VOLUNTEER DINNER AND THAT THOSE WHO HAVE SERVED FOR FIVE TO NINE YEARS BE GIVEN CERTIFICATES AND THOSE WHO HAVE SERVED TEN PLUS YEARS BE GIVEN A PLAQUE. Councilmember Rizzi SECONDED THE MOTION. City Clerk Kathleen Connelly stated she wanted to clarify that these are the boards and commissions that are in the city code . Vice Mayor Barker commented that is correct . VOTE: Unanimous. 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, NOVEMBER 16, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, NOVEMBER 17, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED ,— THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC Mr. Richard Brown, 236 N. Saguaro #1, Apache Junction, addressed the council regarding the creation of an ordinance to stop texting and talking while driving on the city streets . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 26 OF 29 Ms . Debra Abbott, 1455 N. Tomahawk Road, Apache Junction, addressed the council about enforcing the noise ordinance in regards to Fillies' Bar and Grill . The police have been called a number of times and they have been told there is nothing they can do about it or they turn it back up after they have been talked to. Mr. James Boerigter, 1054 E. Roosevelt Street, Apache Junction, .., addressed the council regarding his neighbors at 978 E. Roosevelt that are squatting and are now creating a garbage dump on the property that belongs to people in Germany. Mss. Tara Leigh and Kimberly Williams, 900 N. Plaza, Apache Junction, representing Head Start, addressed the council to invite everyone to their open house and ribbon-cutting for their free library. Mayor Insalaco commented every Christmas he goes over there and the kids want to get their fingers in his guitar and strum it the wrong way. Councilmember Wilson directed staff to see if there was something more that the city can do with code enforcement with the junky neighbor. He understands the owners are out-of-state and out of the area but he believes there are some rules on the books they can use to try to resolve the issue. Vice Mayor Barker directed the city attorney and the public safety director to get together with the gentleman who was talking about the texting and driving and give them any information that they need to have on that . She also directed the public safety director to talk to the woman about the noise situation that has got to be pretty irritating. Councilmember Serdy commented he is hearing from a number of businesses about a homeless problem and so it is something they will need to be addressing in the future. Councilmember Waldron directed the city attorney to make the texting thing a primary violation where they can, in fact, stop for that, if possible. He knows there is still some discussion in court cases about that . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 27 OF 29 City Attorney Joel Stern stated he cannot talk about that but he will look into it . Mayor Insalaco commented usually they get complaints at Call to the Public but tonight he sees three serious ones that need to be looked into to see what we can really get done to help all three of these folks out. All three situations seem to be a menace to the community. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 55 p.m. Consent Agenda Items are as follows : 1 . Consideration of acceptance of agenda. 2 . Consideration of approval of minutes of regular meeting of October 20, 2015 . ACCEPTED THIS 17TH DAY OF NOVEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF NOVEMBER, 2015. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 28 OF 29 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 3rd day of November, 2015 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of November, 2015 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 29 OF 29 a a ow City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ 85119 ,►Nl' eWr --'-`0' 1 Agenda Item No 3 File ID. 15-473 Sponsor: Nick Blake Agenda Date 11/17/2015 Index• In Control. City Council Meeting Consideration of the proposed master plan for the downtown park Attachments• City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 0 e At ii.. ii Ike. L II L �� — �� t • • ,,• " �4 l t ' :Of i Xv� i ,..,f 4.t * ; � • a1 . ° ,A. : , ,, ,,„' ry t rA: +r t itt • 4t :; T4 sy - >4 .'�. t Mir{ T°,e:: �y�`n 4r• Y• 'i' 40 4. tk,,,.i..,'...4 ,,_-,.'-?ii•&r!'' '•ti :�'? .v P wr s i der "' yr � • ��.5 "-•'�L..,� r jYr+• � [4§1 fi �y..F/c .yi.. .yet .- k ("" ,// i_ ��y�� ,3 ♦ ' g'.'A. '`.. are" * y *.. k .k r / t.` +�7 a ENTRY t STAGE * / #_ STAGE GREAT • , - Ali, '...: LAWN �i OBSERVATION rr DECK ACCEsS I . / RAMFi GATEWAY . PARKING ,\-', - qr.: 31 \ NV SPAE.ES _ .SQ,. • • :y jy ENTRY G• f Y 1NTERACfitVE Q ,1N WATER 8 Q \ i.�► _ F.BATLFRHS,-. �� ;.- `A —\ AN RESTROO• - �.Y. ,✓ ' x ' ,( , , , ::. p I. f(„ , : SOUTH PAVILION #,. ;' ENTRY GATEWAY .r .` ,> 1, AGU1VO LEGENDS S 'I -- y7 r -, �� r ,._, - a 4 N t . db �.' . ,-; 0. ,5 30. 60. �. north Apache Junction.AZ I N 1 Nne,, mo ` 7 7015 \\��\\\\\\\\\ \`" '::`\\\4`\\\\\4\\\\\`\\\.4\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\..\ \\\\N's. \\\\\\\\\\\\\\\\\\\\ ROLL CALL VOTE NOTES: r (FAY, lt ITEM # MEETING OF(904-1 MOTION BY SECONDED YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI I VICE MAYOR BARKER (COUNCLM'EMBER EVANS V/ AIVI YOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ask CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE PROPOSED MASTER PLAN FOR THE DOWNTOWN PARK BE APPROVED City of Apache Junction, Arizona 300E Superstition c. Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 killO Agenda Item No 4. `-t ' `" File ID 15-470 Sponsor Bryant Powell Agenda Date 11/17/2015 Index In Control City Council Meeting City Manager's Report Attachments City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 PUBLIC HEARING ens 1. For PROPOSED RESOLUTION NO. 15-29, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED ON JUNCTION DRIVE FROM EXPLORER ROAD TO OUTPOST ROAD,2ND AVENUE FROM IDAHO ROAD TO OUTPOST ROAD,3RD AVENUE FROM OLD WEST HIGHWAY TO EXPLORER ROAD,EXPLORER ROAD FROM OLD WEST HIGHWAY TO JUNCTION DRIVE AND OUTPOST ROAD FROM OLD WEST HIGHWAY TO JUNCTION DRIVE AS NO LONGER NECESSARY FOR PUBLIC USE AND ARE HEREBY EXTINGUISHED 2. Will PROJECT ENGINEER RAQUEL SCHATZ speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 ` Agenda Item No.5. r `�,y ,. File ID: 15-478 Sponsor: Raquel Schatz Agenda Date. 11/17/2015 Index.Community Infrastructure In Control. City Council Meeting Consideration of proposed Resolution No 15-29, declaring portions of federally patented easements located at Junction Drive from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Drive, and Outpost Road from Old West Highway to Junction Drive, are no longer necessary for public use as federally patented easements and are hereby extinguished as present and future public rights-of-way Staff respectfully requests approval of this item Attachments City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 .pCHF 4 y Public Works Department A ; o ,• Y43/7 0/1 ,te71 2 ' 21 Home of the Superstition Mountains 40 oN. Date• November 3,2015 To. Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Giao Pham P E , Public Works Director From• Raquel Schatz, Project Engineer Subject Extinguishment of Federal Patent Easements Old West Marketplace Junction Dr, 2nd Ave, 3rd Ave Alignment, Explorer Rd, Outpost Rd Proposed Resolution No 15-29 Federal Patent Easements (FPEs) are one means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right- of-way to provide access to otherwise landlocked parcels FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines These roadways are classified as a local roadways. In addition, the FPEs do not provide access to any parcels which would be landlocked in the event of extinguishment Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. Sustainability Engineering Group filed an application for the extinguishment of the above mentioned portions of roadway easements on July 15th, 2015 The application included a support petition signed by the adjacent property owners, who support the extinguishment petition The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E Baseline Avenue, Apache Junction, AZ 851 19 • Voice(480)982-1055 • Fax (480) 982-8005 RESOLUTION NO 15-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT JUNCTION STREET FROM EXPLORER ROAD TO OUTPOST ROAD, 2ND AVENUE FROM IDAHO ROAD TO OUTPOST ROAD, 3RD AVENUE ALIGNMENT FROM OLD WEST HIGHWAY TO EXPLORER ROAD, EXPLORER ROAD Amok FROM OLD WEST HIGHWAY TO JUNCTION STREET, AND OUTPOST ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY WHEREAS, upon incorporation the City of Apache Junction became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat. 609, as amended, 43 U.S .C. 682a- 682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, recently, there has been private development interest for the northeast corner of Idaho Road and Old West Highway; and WHEREAS, to experience the full benefit of private development in this area, it is necessary to extinguish these roadway easements and merge it into the adjacent parcels to allow a larger parcel to be marketed for development; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S . §§ 9-500 .24 and 28-7214 ; �.. and WHEREAS, the Mayor and the City Council finds it to be in the best interest of the City of Apache Junction to extinguish Junction Street from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue Alignment from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Street, and Outpost Road from Old West Highway to Junction Street as a public roadway easement; and RESOLUTION NO. 15-29 PAGE 1 OF 5 WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on July 15, 2015, submitted for comment a copy of the proposed extinguishment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as all public utility providers; and WHEREAS, based on the responses, the Public Works Director .� recommended extinguishment of the noted easements; and WHEREAS, the extinguishments, if approved, will not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement, and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minims public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS• 1) The Mayor and City Council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minims public value, and are hereby extinguished for public roadway purposes 2) Nothing in this approval extinguishes any utility .� easement interest of any public utility agency or entity on the subject street right-of-way. 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 RESOLUTION NO. 15-29 PAGE 2 OF 5 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15-29 PAGE 3 OF 5 EXHIBIT A PARCEL 1 (Adjacent to parcel 101-21-0610) A thirty-three foot (33' ) strip along the boundary of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, .•. Arizona, PARCEL 2 (Adjacent to parcel 101-21-062B & 101-21-062A) A thirty-three foot (33' ) strip along the boundary of the North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, EXCEPT any portion lying Southerly of the Northerly right-of-way line of Old West Highway (formerly U.S. Highway 60-70-80 & 89) ; PARCEL 3 (Adjacent to parcel 101-21-068B) The North and East thirty-three feet (33' ) of the South half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, EXCEPT any portion lying Southerly of the Northerly right-of-way line of Old West Highway (formerly U.S Highway 60-70-80 & 89) ; PARCEL 4 (Adjacent to parcel 101-21-0640) A thirty-three foot (33' ) strip along the boundary of the West half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, EXCEPT any portion lying within the right-of-way of Old West Highway (formerly U S . Highway 60-70-80 & 89) ; RESOLUTION NO 15-29 PAGE 4 OF 5 EXHIBIT "B" vAr JUNCTION _ STREET •4 50' 40' la I a w Q•� I /01 O ��. ` / I I 4 ,�/ 0610 Ii r."/ , w • �. II- o�. r.� ' i2cpl 1w Ii �� '� - o o�� 1/ o z -�4 4 ` I o1 I� I - 2 - /1 1 1 � AVENUE / // //'r - - 062 B - - I 1 1 J I I I HI/ O� 062A O % ' 1 I I GJi�s '/11 1 1 T g; 0640 y/cti� 4 I , qy 068B 1 I , 50' ....... 0 I , I 1151(478_ - - - I I FOURTH AVENUE - - I L.- -66' LEGEND 66' -J - 33 3' K/A PROPOSED EXTINGUISHMENT \\N DEDICATED RIGHT-OF-WAY (TO VACATE) r 33 33' ������ DEDICATED RIGHT-OF-WAY (TO REMAIN) - - - - - --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) H RESOLUTION NO. 15-29 /, ROLL CALL VOTE NOTES: 29\ 1 ,0116. '(,, ITEM # MEETING OF ) J1 MOTION BYR SECONDED BY: \jk /YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON \J VICE MAYOR BARKER V COUNCILMEMBER SERDY J/ COUNCILMEMBER EVANS V COUNCILMEMBER WALDRON J MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /"l ITEM NO. 5 I MOVE THAT RESOLUTION NO 15-29,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT JUNCTION STREET FROM EXPLORER ROAD TO OUTPOST ROAD, 2ND AVENUE FROM IDAHO ROAD TO OUTPOST ROAD, 3RD AVENUE ALIGNMENT FROM OLD WEST HIGHWAY TO EXPLORER ROAD, EXPLORER ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, AND OUTPOST ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 15-31, DECLARING PORTIONS OF DEDICATED PUBLIC RIGHTS-OF-WAY LOCATED ON 2ND AVENUE BETWEEN IDAHO ROAD TO EXPLORER ROAD, AND LOCATED ON EXPLORER ROAD BETWEEN 2ND AVENUE AND JUNCTION STREET AS NO LONGER NECESSARY FOR PUBLIC USE AND ARE HEREBY ABANDONED 2. Will PROJECT ENGINEER RAQUEL SCHATZ speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. ''' � , City of Apache Junction, Arizona 300E Superstition :Y r. Boulevard - 5, Agenda Item Cover Sheet Apache Junction AZ 85119 y! • t Agenda Item No.6. '0 File ID: 15-480 Sponsor: Raquel Schatz Agenda Date: 11/17/2015 Index. Community Infrastructure In Control. City Council Meeting Consideration of proposed Resolution No 15-31, declaring portions of dedicated public rights-of-way located on 2nd Avenue between Idaho Road and Explorer Road and located on Explorer Road between 2nd Avenue and Junction Street are no longer necessary for public use as roadways and are hereby abandoned as present and future public rights-of-way Staff respectfully requests approval of this item Attachments. City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 AN •ACHE Public Works Department 1 a ~ Z LJZ?`2e94iiit��U gw �" T , Home of the Superstition Mountains 4 - pt�' Date- November 3, 2015 To. Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Giao Pham P E , Public Works Director From Raquel Schatz, Project Engineer Subject. Vacation of Dedicated Right-of-Way Old West Marketplace 2nd Avenue from Idaho Rd to Explorer Rd Explorer Road from 2nd Avenue to Junction Dr Proposed Resolution No 15-31 A portion of 2nd Avenue from Idaho Road to Explorer Road and Explorer Road from 2nd Avenue to Junction Drive, is dedicated right of way with a wideth of 33' The resolution to vacate that portion of 2"Avenue and Explorer Road which is dedicated right- of-way, Resolution 15-31, is being brought before Mayor and City Council in conjunction with Resolution 15-29, in which the remaining portions inside the development known as Old West Market Place are federal patent easements and are recommended for extinguishment Per Arizona Revised Statutes, the vacation of City owned dedicated right-of-way requires a public sale. Per the statute requirement, a sixty day notification of public sale was posted along the roadway and advertised fofor the minimum number of consecutive days in a local newspaper A single purchase offer was received These roadways are classified as a local roadways. In addition,the FPEs do not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. Sustainability Engineering Group filed an application for the extinguishment and vacation of the above mentioned portions of roadway easements on July 15th, 2015 575 E Baseline Avenue, Apache Junction, AZ 851 19 • Voice(480)982-1055 • Fax (480) 982-8005 RESOLUTION NO. 15-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT THE DEDICATED 2ND AVENUE PUBLIC RIGHT-OF-WAY LOCATED BETWEEN IDAHO ROAD AND EXPLORER ROAD IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY; APPROPRIATE STAFF SHALL ISSUE AND RECORD A WARRANTY DEED TO THE ADJACENT PROPERTY OWNER AFTER RECEIPT OF FAIR VALUE IS PROVIDED TO CITY. WHEREAS, the City of Apache Junction is the holder of an improved dedicated public right-of-way over certain parcels of real property located in the Downtown Crossroads Redevelopment Area as described in Exhibit A and depicted in Exhibit B; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (A) and A.R. S. § 28-7204, the city may abandon any dedicated public right-of-way it determines is no longer needed for public use; and WHEREAS, recently, there has been private development interest for the northeast corner of Idaho Road and Old West Highway; and WHEREAS, 2nd Avenue bifurcates the two primary parcels anticipated for private development; and WHEREAS, to experience the full benefit of private development in this area, it is necessary to abandon 2nd Avenue and merge it into the adjacent parcels to allow a larger parcel to be marketed for development; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works sought comment on the abandonment concept from the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, based on the responses, the Public Works Director recommended abandonment of the noted public right-of-way; and WHEREAS, the abandonment would not leave a parcel in separate ownership without access to an established public roadway or RESOLUTION NO. 15-31 PAGE 1 OF 3 easement connecting such lands with another public roadway or easement; and WHEREAS, the adjacent owner of the property has agreed to compensate the city fair value for the Downtown Redevelopment Area right-of-way pursuant to A R S. § 36-1480; and WHEREAS, pursuant to A.R. S . § 9-402, in order to sell property owned by a city, the city must complete a 60 day public bid process; and WHEREAS, such process has been completed, together with all public notifications, public postings and public hearings; and WHEREAS, WGG Partners, LLC, responded to the bid with favorable recommendation of staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS. 1) The Mayor and City Council of the City of Apache Junction find that the 2nd Avenue dedicated public right-of-way, as described in Exhibit A and depicted in Exhibit B, is no longer necessary for public roadway purposes and, since the adjoining property owner has agreed to pay the fair value of the property pursuant to A.R. S. § 36-1480 through a public bid process, the right-of-way is hereby abandoned. 2) On or before November 24, 2015, staff is authorized to execute a warranty deed to the adjoining property owner and successful bidder, WGG Partners, L.L.C. , for the 2nd Avenue right- of-way, in exchange for fair value, which the Mayor and City Council determines to be $100, 000. 00 and demolition of the structure located on the southwest corner of Junction Street and Outpost Road. 3) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF NOVEMBER, 2015. SIGNED AND ATTESTED TO THIS DAY OF NOVEMBER, 2015. RESOLUTION NO. 15-31 PAGE 2 OF 3 OmN JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney OmN RESOLUTION NO 15-31 PAGE 3 OF 3 EXHIBIT A Legal Description CITY OF APACHE JUNCTION PAGE• 1 OF 1 PUBLIC WORKS DEPARTMENT EXHIBIT A DATE 11/04/2015 A PORTION OF RIGHT-OF-WAY LOCATED WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 00'00'05" EAST, 2637 59 FEET, THENCE SOUTH 00'00'05" EAST, 529 81 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION• THENCE NORTH 89'59'55" EAST, 50.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF IDAHO ROAD ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF 2ND AVENUE, SAID POINT BEING THE POINT OF BEGINNING AND ALSO BEGINNING A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE CENTER RADIUS BEARS NORTH 89'59'07" EAST, 20,00 FEET, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'09'18", 31.47 FEET, THENCE CONTINUING ALONG THE NORTH LINE OF SAID RIGHT-OF-WAY FOR THE FOLLOWING FOUR CALLS, THENCE NORTH 89°49'49" EAST, 14.85 FEET, THENCE SOUTH 54'56'22" EAST, 68 95 FEET, THENCE SOUTH 00'08'44" EAST, 16.67 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE CONCAVE TO THE NORTHEAST WHOSE CENTER RADIUS BEARS NORTH 89°49'53"EAST, 20.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'58'59", 31 41 FEET; THENCE NORTH 89'50'54" EAST, 446 30 FEET TO THE BEGINNING OF A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST WHOSE CENTER RADIUS BEARS NORTH 00'09'06" WEST, 20 00 FEET, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'50'34", 31 36 FEET TO THE WEST RIGHT-OF-WAY LINE OF EXPLORER ROAD; THENCE NORTH 00'00'20" EAST, 546.34 FEET TO THE BEGINNING OF A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST WHOSE CENTER RADIUS BEARS NORTH 89'59'40" WEST, 20.00 FEET, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'09'02", 31 47 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF JUNCTION STREET, THENCE NORTH 89'51'18" EAST, 53.05 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE CENTERLINE OF COLT ROAD, THENCE SOUTH 00'00'20" WEST, 619.33 FEET ALONG THE CENTERLINE OF COLT ROAD TO THE CENTERLINE OF 2ND AVENUE; THENCE SOUTH 89'50'54" WEST, 535 51 FEET ALONG THE CENTERLINE OF 2ND AVENUE TO THE SOUTH RIGHT-OF-WAY LINE OF 2ND AVENUE; THENCE NORTH 54'53'05" WEST, 91 90 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE EAST RIGHT-OF-WAY LINE OF IDAHO ROAD, THENCE NORTH 00'05'05" WEST, 76 41 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; DESCRIBED RIGHT-OF-WAY CONTAINS 43,712 SQUARE FEET OR 1 0035 ACRES MORE OR LESS EXHIBIT B Map CITY OF APACHE JUNCTION PAGE: 1 OF 2 PUBLIC WORKS DEPARTMENT EXHIBIT B DATE. 11/04/2015 Poc 1 JUNCTION ix STREET o L5 _ — — / 27 0,-)7/ I 14 15 16 17 18 19 20 21 22 23 24 25 26 50' R/W 28 13 29 30 12 APACHE JUNCTION PLAZA /33 BOOK 10, PAGE 41, P.0 R 31 F/A 11 7/ 10 / 32 M/ 0 / `O/ .r14 cC 33 'n//, O 9 = TRACT C w ;,� to D 8 34 N%r7 of o0 35 P 0 N - CO 7 TRACT B o w CO >- TRACT A 36 Zi3 < �, N 6 N � Oin _ %OO P 5 37 o w NTS. o 38 /N O 4 / x 3 39 / w 2 40 41 — POB L1 1 L2 42 0> L4 N l co 56 55 54 53 52 51 50 49 48 47 46 45 44 43 / 0 / N L — — —(s N89'50'54"E 446 30' j/ / / / / I 50' �,cr S89'50'54"W 535.51'/// �/ND AVENUE R/W / CITY OF APACHE JUNCTION PAGE: 2 OF 2 PUBLIC WORKS DEPARTMENT EXHIBIT B DATE. 11/04/2015 LINE TABLE LINE BEARING LENGTH L1 N89'59'55"E 50 00' �.. L2 N89'49'49"E 14 85' L3 S54'56'22"E 68.95' L4 S00'08'44"E 16.67' L5 N89'51'18"E 53 05' L6 N54'53'05"W 91 90' L7 N00'05'05"W 76.41' CURVE TABLE LINE RADIUS LENGTH DELTA CHORD CHORD LENGTH C1 20.00' 31.47' 90'09'18" S45'05'32"E 28 32' C2 20 00' 31.41' 89'58'59" S45'09'37"E 28 28' C3 20 00' 31 36' 89'50'34" N44'55'37"E 28 25' C4 20 00' 31 47' 90'09'02" N45'04'1 1 "W 28 32' LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING 1® FND BCHH AT W1/4 CORNER, SEC 21 , T 1 N, R 8 E 0 FND BCHH AT SW CORNER, SEC 21 , T 1 N, R 8 E MONUMENT LINE LOT LINE VA RIGHT-OF--WAY ROLL CALL VOTE NOTES 4/97 1 ITEM # MEETING OF c)4/6 MOTION BY SECONDED BY: /YES NO ABSTAINED VICE MAYOR BARKER ✓J COUNCILMEMBER WALDRON ✓ COUNCILMEMBER WILSON f COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL a Amok Ask a ITEM NO. 6 I MOVE THAT RESOLUTION NO. 15-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING PORTIONS OF DEDICATED PUBLIC RIGHTS-OF-WAY LOCATED ON 2ND AVENUE BETWEEN IDAHO ROAD AND EXPLORER ROAD AND LOCATED ON EXPLORER ROAD BETWEEN 2ND AVENUE AND JUNCTION STREET ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AS PRESENT AND FUTURE PUBLIC RIIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1418, CONTINUING THE RATE OF TAXATION BY TWO-TENTHS OF ONE PERCENT AS ORIGINALLY ADOPTED IN ORDINANCE NO. 1129 AND DEDICATING IT TO PAYING MANDATORY CONTRIBUTIONS TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND OTHER CITY LAW ENFORCEMENT COSTS 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Inn 4. '`~� % City of Apache Junction, Arizona 300 E Superstition c3}, Boulevard r Agenda Item Cover Sheet Apache Junction AZ 85119 c ' Agenda Item No.7. File ID. 15-469 Sponsor Kathy Connelly Agenda Date 11/17/2015 Index Local/State/Federal Statutory Requirement, Budgetary In Control. City Council Meeting Consideration of Ordinance No 1418, relating to the transaction privilege license tax (sales tax), amending the Tax Code of the City of Apache Junction by continuing the rate of taxation by two-tenths of one percent ( 2%)as originally adopted by Ordinance No 1129 and initially continued by Ordinance No 1359, designating the purpose, designating an effective date, designating a termination date, commonly known as the "sunset clause", providing for existing contracts, providing for penalties, repealing any conflicting provisions, providing for severability, and providing for notice The mayor and council gave direction at the September 1, 2015 meeting to prepare an ordinance that would allow for the continuation of the 2% sales tax set to expire on September 1, 2016 This 2%would be dedicated to paying mandatory contributions to the Public Safety Personnel Retirement System and other city law enforcement costs Public hearing and vote on the proposed ordinance Attachments Amok City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 ORDINANCE NO. 1418 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX (SALES TAX) ; AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION BY CONTINUING THE RATE OF TAXATION BY TWO-TENTHS OF ONE PERCENT ( . 2%) AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1129 AND INITIALLY CONTINUED BY ORDINANCE NO 1359; DESIGNATING THE PURPOSE; DESIGNATING AN EFFECTIVE DATE; DESIGNATING A TERMINATION DATE, COMMONLY KNOWN AS THE "SUNSET CLAUSE", PROVIDING FOR EXISTING CONTRACTS; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the Mayor and City Council the power to levy taxes including a transaction privilege license tax (also known as the "sales tax") ; and WHEREAS, up until September 1, 2000, the City had a sales tax rate of 2 . 0%; and WHEREAS, to build critical capital facilities including a new rodeo ground and events center, library expansion, skate park, swim center, court, city hall and multigenerational recreation center, the City Council on May 16, 2000, passed Ordinance No. 1129 which increased the sales tax rate from 2 . 0% to 2 . 2% with a sunset provision of September 1, 2010; and WHEREAS, to address financial challenges due to resulting effects of the 2008 recession, the City Council voted to continue the sales tax at this additional 0. 2% rate until September 1, 2016 by passing Ordinance No. 1359 on March 1, 2010; and WHEREAS, on December 2, 2014, the Mayor and City Council passed Ordinance No. 1406 which increased the sales tax rate another 0 . 2% to address necessary city roadway improvement costs with a sunset date of March 1, 2025; and WHEREAS, the City of Apache Junction is still experiencing diminished revenues due to the 2008 recession; and ORDINANCE NO 1418 PAGE 1 OF 7 WHEREAS, having no municipal property tax, the City of Apache Junction relies predominantly upon sales tax revenues to provide city services; and WHEREAS, the City of Apache Junction has a mandatory obligation to pay into the Public Safety Personnel Retirement System costs which have increased from $645, 808 in Fiscal Year 2010-2011 to $1, 720, 540 in Fiscal Year 2015-2016 and projected to be $2, 213, 190 in Fiscal Year 2016-2017; and WHEREAS, the Mayor and City Council have determined that the continuation of the original two-tenths of one percent ( .2%) transaction privilege license tax (sales tax) increase is necessary to sustain the quality of life for community residents and enhance the public health, safety and welfare; and WHEREAS, at their regular meetings of August 4, 2015 and September 1, 2015, a majority of the Mayor and City Council directed staff to prepare an ordinance for a continuation of the original . 2% sales tax increase in compliance with State law and the Model City Tax Code; and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the City of Apache Junction, and by appropriate notification to city taxpayers and to the Arizona Department of Revenue and the Municipal Tax Code Commission; and WHEREAS, pursuant to A.R.S. § 9-499. 15, the City provided sixty-day written notice of the proposed sales tax increase on the City' s website (www.ajcity net) before the date of the public hearing when this ordinance is to be considered. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL A. The tax rate in each of the following sections of the city tax code is continued at the rate of two and two-tenths percent (2 .2%) , in addition to 0 .2% for road improvement projects already imposed under Ordinance No. 1406 with a separate sunset date of March 1, 2025: Section 8A-405 Advertising ORDINANCE NO 1418 PAGE 2 OF 7 e Section 8A-410 Amusement, exhibitions and similar activities Section 8A-415 Construction contracting: construction contractors Section 8A-416 Construction contracting: speculative builders Section 8A-417 Construction contracting: owner- builders who are not speculative builders eS Section 8A-420 Feed at wholesale Section 8A-425 Job printing Section 8A-427 Manufactured buildings Section 8A-430 Timbering and other extractions Section 8A-435 Publishing and periodicals distribution Section 8A-444 Hotels Section 8A-447 Additional tax upon transient lodging Section 8A-450 Rental, leasing and licensing for use of tangible personal property Section 8A-455 Restaurants and bars Section 8A-462 Food for home consumption Section 8A-475 Transporting for hire B. The tax rate in the following sections of the city tax code is continued at the rate of three and two-tenths percent (3.2%) , plus another 0.2% as approved by the Mayor and City Council on December 2, 2014 under Ordinance No. 1406 with a separate sunset date of March 1, 2025 : Section 8A-470 Telecommunications services Section 8A-480 Utility services C. Section 8A-460 of the city tax code is amended to read as follows: Section 8A-460 . Retail sales : measure of tax; burden of proof; exclusions (a) The tax rate shall be at the amount equal to two and two-tenths percent (2 . 2%) of the gross income from the business activity upon every person engaging or continuing in the business of selling personal property at retail, plus another 0.2% as approved by the Mayor and City Council on December 2, 2014 under Ordinance No. 1406 until March 1, 2025. ORDINANCE NO. 1418 PAGE 3 OF 7 /^ ON (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale. (c) Exclusions• For the purpose of this Chapter, sales of tangible personal property shall not include: (1) sales of stocks, bonds, options or other similar materials. (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes. (3) sales of platinum, bullion or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not included as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service problem (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two thousand dollars ($2, 000) , the extended two and two- tenths (2. 2%) tax rate shall apply to the first $2, 000 . Above $2, 000, the measure of tax shall be at a rate of one and two-tenths percent (1.2%) . (e) When this city and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this chapter such city or town has sole and exclusive rights to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business ORDINANCE NO. 1418 PAGE 4 OF 7 location of the seller located in this city or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunication services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this section. SECTION II DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section I above, the revenues collected from the two-tenths of one percent ( . 2%) continuation shall be used for mandatory payments to the Public Safety Personnel Retirement System and purposes related directly to city law enforcement. SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance continuing the tax rate of . 2. for the purpose set forth in Section II above shall become effective on September 2, 2016. SECTION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance continuing the tax rate of 20 for the purpose set forth in Section II above shall terminate, or "sunset" on September 1, 2026, at which time the increased tax rate as set forth in Section I of this ordinance shall automatically be reduced by two-tenths of one percent ( . 2%) . The sunset date of March 1, 2025 for the additional 2% tax rate remains unaffected by this ordinance. SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to the effective date of the tax as set forth in Section III above. SECTION IV PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one ORDINANCE NO. 1418 PAGE 5 OF 7 misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION VII REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed SECTION VIII PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IX PROVIDING FOR NOTICE Pursuant to A.R. S. § 42-6052 (E) , staff shall provide a fully executed copy of this ordinance to the Municipal Tax Code Commission and the Arizona Department of Revenue within ten days after the passage date of this ordinance. 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 ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO 1418 PAGE 6 OF 7 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1418 PAGE 7 OF 7 4;Lo/iiti\L CALL VOTE NOTES (1 ) 4 < ITEM # i MEETING OF MOTION BY: SECONDED BY: tk/l/ YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON v COUNCILMEMBER WALDRON VICE MAYOR BARKER J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES /'> \15 ITEM # MEETING O ),T MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /Mak Aft. ITEM NO. 7 I MOVE THAT ORDINANCE NO. 1418 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1418 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO 1418, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1418 AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1420,ADOPTING A NEW ARTICLE VI USE TAXES AS SET FORTH IN THE MODEL CITY TAX CODE 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300B Superstition 41110114 levard ;,a,0; Agenda Item Cover Sheet Apache Junction AZ 85119 Ilklio. vi.ci . Agenda Item No 8 .4?-ii t File ID" 15-474 Sponsor: Kathy Connelly Agenda Date. 11/17/2015 Index• Local/State/Federal Statutory Requirement, Budgetary In Control. City Council Meeting Consideration of Ordinance No 1420, adopting a new Article VI Use Taxes set forth in the Model City Tax Code, designating an effective date, providing for penalties, repealing any conflicting provisions, providing for severability, and providing notice The mayor and council gave direction at the September 15, 2015 meeting to prepare an ordinance amending the city tax code by adopting a use tax and place it on the November 17, 2015 agenda for a public hearing and vote Attachments• City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 ORDINANCE NO. 1420 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TAX CODE OF THE CITY OF APACHE JUNCTION; ADOPTING A NEW ARTICLE VI USE TAX AS SET FORTH IN THE MODEL CITY TAX CODE; DESIGNATING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. e WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the Mayor and City Council the power to levy taxes including a use tax, and WHEREAS, the Model City Tax Code as set forth in State law provides for adoption of a use tax for Arizona municipal governments, and WHEREAS, in adopting the City Tax Code for the City of Apache Junction in August 1987, the then Mayor and Council did so without including Article VI Use Tax; and WHEREAS, of the 91 Arizona cities and towns, only 15 have not implemented a use tax; and WHEREAS, the City of Apache Junction experiences sales leakage to the adjacent unincorporated areas of Pinal County and Maricopa County; and WHEREAS, implementation of a use tax would be a critical economic development tool for the City of Apache Junction as it would remove the incentive to shop outside of the City for large ticket items in order to avoid paying city sales tax; and 11111 WHEREAS, implementation of a use tax would equalize the playing field and afford local businesses a more competitive position in the market place; and WHEREAS, the Mayor and City Council have determined that implementation of a two and five tenths percent (2 . 5%) use tax is necessary to sustain the quality of life for community residents and enhance the public health, safety and welfare; and WHEREAS, at their regular meetings of September 1, 2015 and September 15, 2015 a majority of the Mayor and City Council ORDINANCE NO. 1420 PAGE 1 OF 13 01144 directed staff to prepare an ordinance for implementing a two and five tenths percent (2 5%) use tax in compliance with State law and the Model City Tax Code; and WHEREAS, implementation of a use tax is affected by amending the Tax Code of the City of Apache Junction, and by appropriate notification to city taxpayers and to the Arizona Department of Revenue and the Municipal Tax Code Commission; and 0.1 WHEREAS, pursuant to Arizona Revised Statutes § 9-499.15, the City provided sixty-day written notice of the proposed adoption of a use tax on the City' s website (www ajcity net) before the date of the public hearing when this ordinance is to be considered; and WHEREAS, on September 15, 2015, the mayor and council unanimously directed staff prepare a final proposed Ordinance No. 1420 based on the draft dated September 14, 2015 and include any changes deemed necessary by the city attorney and possible beginning of the collection of city sales tax and use tax by the Arizona Department of Revenue; and WHEREAS, on Thursday, November 5, 2015, city staff received correspondence from the League of Arizona Cities and Towns which was based on an opinion from the Arizona Department of Revenue that the city use tax under Tax Code of the City of Apache Junction, Arizona, Section 610 must match the terms provided for a similar transaction subject to the retail tax imposed under Tax Code of the City of Apache Junction, Arizona, Section 460 and that the tiered city use tax rate under Tax Code of the City of Apache Junction, Arizona, Section 610 (e) must have the same terms as the related retail rate under Tax Code of the City of Apache Junction, Arizona, subsection 460 (d) . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Tax Code of the City of Apache Junction, Arizona is amended by adding a new Article VI Use Tax to read as follows: Article VI - Use Tax Sec. 8A-600. Use tax: definitions . ORDINANCE NO. 1420 PAGE 2 OF 13 For the purposes of this Article only, the following definitions shall apply, in addition to the definitions provided in Article I : "Acquire (for Storage or Use) " means purchase, rent, lease or license for storage or use. "Retailer" also means any person selling, renting, licensing for use, or leasing tangible personal property under circumstances which would render such transactions subject to the taxes imposed in Article IV, if such transactions have occurred within this City. "Storage (within the City) " means the keeping or retaining of tangible personal property at a place within the City for any purpose, except for those items acquired specifically and solely for the purpose of sale, rental, lease, or license for use in the regular course of business or for the purpose of subsequent use solely outside the City. "Use (of Tangible Personal Property) " means consumption or exercise of any other right or power over tangible personal property incident to the ownership thereof except the holding for the sale, rental, lease, or license for use of such property in the regular course of business. Sec 8A-610 . Use tax: imposition of tax, presumption. (a) There is hereby levied and imposed, subject to all other provisions of this Chapter, an excise tax on the storage or use in the City of tangible personal property, for the purpose of raising revenue to be used in defraying the necessary expenses of the City, such taxes to be collected by the Tax Collector. (b) The tax rate shall be at an amount equal to two and four tenths percent (2 . 4%) of the: (1) cost of tangible personal property acquired from a retailer, upon every person storing or using such property in this City. (2) gross income from the business activity upon every person meeting the requirements of subsection 8A-620 (b) or (c) who is engaged or continuing in the business activity of sales, rentals, leases, or licenses of tangible personal property to persons within the City ORDINANCE NO. 1420 PAGE 3 OF 13 Auk Amok for storage or use within the City, to the extent that tax has been collected upon such transaction. (3) cost of the tangible personal property provided under the conditions of a warranty, maintenance, or service contract. As (4) cost of complimentary items provided to patrons without itemized charge by a restaurant, hotel, or other business . (5) cost of food consumed by the owner or by employees or agents of the owner of a restaurant or bar subject to the provisions of Section 8A-455 of this Chapter (c) It shall be presumed that all tangible personal property acquired by any person who at the time of such acquisition resides in the City is acquired for storage or use in the City, until the contrary is established by the taxpayer. (d) For the purposes of this Article, the acquisition of the following shall not be deemed to be the purchase, rental, lease, or license of tangible personal property for storage or use within the City: (1) stocks, bonds, options, or other similar materials. (2) lottery tickets or shares sold pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes . (3) Platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation. (e) Notwithstanding the provisions of subsection (a) above, when the dollar amount subject to the tax for any single item of tangible personal property exceeds two thousand dollars ($2, 000) , the two and four tenths percent (2 . 4%) tax rate shall apply to the first two thousand dollars ($2, 000) Above two thousand dollars ($2, 000) , the measure of tax shall be at the rate of one and four tenths percent (1 . 4%) . (f) (Reserved) ORDINANCE NO. 1420 PAGE 4 OF 13 Sec. 8A-620, Use tax• liability for tax The following persons shall be deemed liable for the tax imposed by this Article; and such liability shall not be extinguished until the tax has been paid to this City, except that a receipt from a retailer separately charging the tax imposed by this Chapter is sufficient to relieve the person acquiring such property from further liability for the tax to which the receipt refers : (a) Any person who acquires tangible personal property from a retailer, whether or not such retailer is located in this City, when such person stores or uses said property within the City. (b) Any retailer not located within the City, selling, renting, leasing, or licensing tangible personal property for storage or use of such property within the City, may obtain a License from the Tax Collector and collect the Use Tax on such transactions. Such retailer shall be liable for the Use Tax to the extent such Use Tax is collected from the customers (c) Every agent within the City of any retailer not maintaining an office or place of business in this City, when such person sells, rents, leases, or licenses tangible personal property for storage or use in this City shall, at the time of such transaction, collect and be liable for the tax imposed by this Article upon the storage or use of the property so transferred, unless such retailer or agent is liable for an equivalent excise tax upon the transaction. (d) Any person who acquires tangible personal property from a retailer located in the City and such person claims to be exempt from the City Privilege or Use tax at the time of the transaction and upon which no City Privilege Tax was charged or paid, when such claim is not sustainable. (e) Every person storing or using tangible personal property under the conditions of a warranty, maintenance, or service contract. Sec 8A-630 Use tax: recordkeeping requirements. All deductions, exclusions, exemptions, and credits provided in this Article are conditional upon adequate proof of documentation as required by Article III or elsewhere in this Chapter. ORDINANCE NO. 1420 PAGE 5 OF 13 /111N AN in Sec. 8A-640. Use tax- credit for equivalent excise taxes paid another jurisdiction. In the event that an equivalent excise tax has been levied and paid upon tangible personal property which is acquired to be stored or used within this City, full credit for any and all such taxes so paid shall be allowed by the Tax Collector but only to the extent Use Tax is imposed upon that transaction by this Article. Sec. 8A-650. Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter; limitation. The tax levied by this Article does not apply to the storage or use in this City of tangible personal property acquired in this City, the gross income from the sale, rental, lease, or license of which were included in the measure of the tax imposed by Article IV of this Chapter; provided, however, that any person who has acquired tangible personal property from a vendor in this City without paying the City Privilege Tax because of a representation to the vendor that the property was not subject to such tax, when such claim is not sustainable, may not claim the exclusion from such Use Tax provided by this Section Sec. 8A-660 . Use tax. exemptions The storage or use in this City of the following tangible personal property is exempt from the Use Tax imposed by this Article: (a) tangible personal property brought into the City by an individual who was not a resident of the City at the time the property was acquired for his own use, if the first actual use of such property was outside the City, unless such property is used in conducting a business in this City. (b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1, 000) per item, acquired by an individual outside the limits of the City for his personal use and enjoyment. (c) charges for delivery, installation, or other customer services, as prescribed by Regulation. (d) charges for repair services, as prescribed by Regulation. ORDINANCE NO. 1420 PAGE 6 OF 13 ems (e) separately itemized charges for warranty, maintenance, and service contracts . (f) prosthetics. (g) income-producing capital equipment. (h) rental equipment and rental supplies . eiN (i) mining and metallurgical supplies . (j ) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes (k) tangible personal property purchased by a construction contractor, but not an owner-builder, when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract. (1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under Section 8A- 410, or by a radio station, television station, or subscription television system. (o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 8A-455, but not food consumed by owners, agents, or employees of such business. ORDINANCE NO. 1420 PAGE 7 OF 13 AW (p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property is in fact used in activities resulting in gross income from unrelated business income as that term is defined in 26 U. S. C. Section 512 (q) (Reserved) (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) groundwater measuring devices required by A.R. S. Section 45- 604 . (t) (Reserved) (u) aircraft acquired for use outside the State, as prescribed by Regulation (v) sales of food products by producers as provided for by A.R. S . Section 3-561, 3-562 and 3-563 (w) (Reserved) (x) food and drink provided by a person who is engaged in business that is classified under the restaurant classification without monetary charge to its employees for their own consumption on the premises during such employees' hours of employment. (y) (Reserved) (z) (Reserved) (aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100 . 5 ORDINANCE NO. 1420 PAGE 8 OF 13 (bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows : (1) printed or photographic materials . (2) electronic or digital media materials . (cc) food, beverages, condiments and accessories used for serving food and beverages by a commercial airline, as defined in A.R S Section 42-5061 (A) (49) , that serves the food and beverages to its passengers, without additional charge, for consumption in flight . For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470 . (ee) (Reserved) (ff) alternative fuel as defined in A.R S Section 1-215 by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R. S. Section 49-426 or Section 49-480 . (gg) food, beverages, condiments and accessories purchased by or for a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes, including a regularly organized private or parochial school that offers an educational program for grade twelve or under which may be attended in substitution for a public school pursuant to A.R. S. 15-802; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. ORDINANCE NO. 1420 PAGE 9 OF 13 ON ON (hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline. (33 ) food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.C. Section 501 (c) (3) and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food (kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1-215. (11) the storage, use or consumption of tangible personal property in the city or town by a school district or charter school. (mm) renewable energy credits or any other unit created to track energy derived from renewable energy resources. For the purposes of this paragraph, "renewable energy credit" means a unit created administratively by the corporation commission or governing body of a public power utility to track kilowatt hours of electricity derived from a renewable energy resource or the kilowatt hour equivalent of conventional energy resources displaced by distributed renewable energy resources. (nn) magazines or other periodicals or other publications by this state to encourage tourist travel ORDINANCE NO. 1420 PAGE 10 OF 13 (oo) paper machine clothing, such as forming fabrics and dryer felts, sold to a paper manufacturer and directly used or consumed in paper manufacturing. (pp) overhead materials or other tangible personal property that is used in performing a contract between the United States government and a manufacturer, modifier, assembler or repairer, including property used in performing a subcontract with a government contractor who is a manufacturer, modifier, assembler, or repairer, to which title passes to the government under the terms of the contract or subcontract. (qq) coal, petroleum, coke, natural gas, virgin fuel oil and electricity sold to a qualified environmental technology manufacturer, producer or processor as defined in A.R.S. Section 41-1514 . 02 and directly used or consumed in the generation or provision of on-site power or energy solely for environmental technology manufacturing, producing or processing or environmental protection. This paragraph shall apply for twenty full consecutive calendar or fiscal years from the date the first paper manufacturing machine is placed in service. In the case of an environmental technology manufacturer, producer or processor who does not manufacture paper, the time period shall begin with the date the first manufacturing, processing or production equipment is placed in service. (rr) machinery, equipment, materials and other tangible personal property used directly and predominantly to construct a qualified environmental technology manufacturing, producing or processing facility as described in A.R.S. Section 41- 1514 02 This subsection applies for ten full consecutive calendar or fiscal years after the start of initial construction. (ss) (Reserved) SECTION II DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance implementing a use tax rate of two and four tenths percent (2 . 4%) shall become effective on January 1, 2016. ORDINANCE NO. 1420 PAGE 11 OF 13 SECTION III PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION IV REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION V PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION VI PROVIDING FOR NOTICE Pursuant to A.R. S. §42-6052 (E) , staff shall provide a fully executed copy of this ordinance to the Municipal Tax Code Commission and the Arizona Department of Revenue within ten days after the passage date of this ordinance. 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 ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1420 PAGE 12 OF 13 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO 1420 PAGE 13 OF 13 Barbara Duft From: Kathy Connelly Sent: Monday, November 09, 2015 10-35 AM To• Bryant Powell, Matt Busby, Joel Stern, Barbara Duft Subject: FW Use Tax Rates FYI — I think this string of emails should be included in the council packet. Thanks. kc From: Lee Grafstrom [mailto•Igrafstrom@azleague org] Sent: Thursday, November 05, 2015 1 02 PM To: Kathy Connelly, Donna Meinerts, Anne Wenk Subject: FW: Use Tax Rates Based on the opinion of DOR expressed below, please revise the language of subsection 610(e) in your pending code change that will adopt Use tax in Apache Junction The terms for the imposition of Use tax under Section 610 must match the terms provided for a similar transaction subject to Retail tax imposed under Section 460 Accordingly, Use tax per subsection 610(e) must have the same terms as the related Retail subsection 460(d) If you have any questions, please let me know Thank you, Lee Grafstrom Tax Policy Analyst League of Arizona Cities and Towns 1820 W Washington St Phoenix, AZ 85007-3208 602-258-5786 Office 480-510-4392 Cell www.azleaque.orq League of Arizona Cities A,DTOwns STAY CONNECTED YauORD From: Comanita, Christie [mailto:CComan►ta(aazdor.gov] Sent: Thursday, November 05, 2015 8:34 AM To: Lee Grafstrom; Johnson, Tom Cc: McGhee, Audrey; Shoemaker, Michael; Briant, David; Woodruff, Carlton, Boucek, Frank, Tom Belshe Subject: RE Use Tax Rates Lee, 1 It is my opinion that the same rules apply to tiered rates as apply to single rates The TPT rate can be equal to or greater than the use tax rate but cannot be less than the use tax rate If you have any other questions please let me know Thank you, Christie Christie Comanita Policy and Research Administrator Tax Policy& Research Divsion Arizona Department of Revenue AIN 1600 W. Monroe, Division Code 3 Phoenix, AZ 85007 602.716.6791 ccomanita@azdor,ao v From: Lee Grafstrom [mailto Irafstrom@azleague.orq] Sent: Wednesday, November 04, 2015 4:04 PM To: Johnson,Tom; Comanita, Christie Cc: McGhee, Audrey; Shoemaker, Michael; Briant, David; Woodruff, Carlton; Boucek, Frank; Tom Belshe Subject: RE Use Tax Rates Importance: High Thank you for bringing this to our attention I fully agree that a city/town's Use Tax rate cannot be higher than its Retail rate without being discriminatory against interstate commerce Christie, is it also your opinion that a city/town which has a tiered tax rate structure in the Retail classification must also use the same or lower tiered structure under Use tax when they have one? It seems to me that the same principle should apply with regard to tiered rates as it applies to plain rates Please let me know so I can incorporate this issue into the rest of the Program city code changes we're prepping right now Please let me know as soon as possible regarding your opinion on tiered tax rates so I can use it as support for the other corrections I think we need. Thank you, Lee Grafstrom Tax Policy Analyst League of Arizona Cities and Towns 1820 W. Washington St. Phoenix, AZ 85007-3208 602-258-5786 Office 480-510-4392 Cell www.azleaque.orq 2 ,^ League of Arizona Cities ANDTo n STAy CONNECTED (1111) TikU From: Johnson, Tom [mailto•RJohnson@azdor.aov] Sent: Wednesday, November 04, 2015 9:15 AM To: Lee Grafstrom, Tom Belshe Subject: Use Tax Rates Lee,we received a complaint about this last week We need to get back with the citizen so give me a call after you have reviewed Thanks,torn From: Comanita, Christie Sent: Thursday, October 29, 2015 4 14 PM To: Problem Resolution Office, McGhee, Audrey Cc: Johnson, Tom; Briant, David, Woodruff, Carlton, Boucek, Frank Subject: Use Tax Rates Our research shows that a Use Tax rate that is higher than the Sales Tax rate (transaction privilege tax in Arizona's case) imposes a discriminatory burden on interstate commerce In Associated Industries of Missouri v Lohman, 511 U S 641 (1994),the U.S.Supreme Court held that Missouri's use tax scheme impermissibly discriminated against interstate commerce in the localities where the use tax exceeded the sales tax Therefore, a use tax rate may not be higher than the transaction privilege tax rate (retail rate) I don't know what the impact of this will be but the cities need to be made aware of the situation Please let me know if you would like to discuss further Ins Christie Christie Comanita Policy and Research Administrator Tax Policy& Research Divsion Arizona Department of Revenue 1600 W. Monroe, Division Code 3 Phoenix, AZ 85007 602.716.6791 ccomanita(&azdor.ao v 3 Jew ROLL CALL VOTE NOTES r /� Y \ I/7 C.() Il I/I ITEM # MEETING OF MOTION BY: SECONDED BY OVVIN. YES, NO ABSTAINED COUNCILMEMBER EVANS J VICE MAYOR BARKER COUNCILMEMBER RIZZI ✓ COUNCILMEMBER WALDRON v� COUNCILMEMBER SERDY J COUNCILMEMBER WILSON �I MAYOR INSALACO 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES �/ V " 3 :.. ` , l� II ITEM # MEETING 0 MOTION BY. SECONDED BY YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON ‘, COUNCILMEMBER RIZZI ✓/ VICE MAYOR BARKER V / COUNCLMEMBER EVANS MAYOR INSALACO V UNANIMO IN FAVOR OPPOSED ABSTAINED TOTAL Adak ITEM NO. 8 I MOVE THAT ORDINANCE NO 1420 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1420 by title only Majority vote required) I MOVE THAT ORDINANCE NO. 1420, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1420 AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. „XIV f City of Apache Junction, Arizona 300 E Superstition a, Boulevard 1 Apache Junction,AZ 85119 z 11 Agenda Item Cover Sheet p ‘`. Agenda Item No.9. File ID: 15-483 Sponsor: Kathy Connelly Agenda Date 11/17/2015 Index- In Control City Council Meeting Ink Consideration of appointments of applicants to the Planning and Zoning Commission, Board of Adjustment and Parks and Recreation Commission This item gives council the opportunity to fill the remaining vacancies on city boards and commissions Attachments City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 Board/Commission Applicants Term Expiration Previous General Interested Appointments Information Board of Jodene Weeter 10/31/17 MPC and Public Adjustment Safety Personnel Retirement Board Construction Code *Frank 10/31/16 Applicants are not Board of Appeals Schoenbeck architect qualified for (two vacancies) **Nicholas 10/31/17 vacant positions ... Cannizzaro contractor Industrial 10/31/20 Development Authority (two vacancies) *indicated at interview his interest in any position **not a city resident Sue Warner was interviewed but not appointed. She was interested in the Health and Human Services Commission and Parks and Recreation Commission but also stated she would be interested in serving on other boards The following persons already appointed have expressed an interest in other positions: James Burczewski—member of Board of Adjustment Chester Burgess—member of Board of Adjustment, Construction Code Board of Appeals, Library Board Michael Frank—member of Construction Code Board of Appeals, Planning and Zoning Jesse Gage—member of Board of Adjustment p Willie Howard—member of Board of Adjustment, Parks and Recreation Jane Jones—member of Board of Adjustment, Industrial Development Authority Carol Kauscher—member of Health and Human Services Jason Moeller—member of Industrial Development Authority Theresa Nesser—member of Library Board, Parks and Recreation, Planning and Zoning Loretta Nielsen—member of Library Board Wayne Standage—member of Municipal Property Corporation, Parks and Recreation Jeff Struble—member of Industrial Development Authority, Municipal Property Corporation Barbara Duft From: Kathy Connelly Sent: Wednesday, November 04, 2015 2 32 PM To: Barbara Duft Subject: FW board and commission status Attachment for the item on the 11/16 and 11/17 agendas for the planning and zoning commission es vacancy. kc From: willie howard [mailto:williehwrd825©gmail.com] Sent: Wednesday, November 04, 2015 2:21 PM To: Kathy Connelly Subject: Re board and commission status Hello Kathy. I am interested in serving on the Planning and Zoning Commission. I understand if is necessary for me to resign from the Board of Adjustment and the Parks and Recreation Commission, I will resign from the Board of Adjustment and the Parks and Recreation Commission to be appointed to the Planning and Zoning Commission Please contact me if there are additional questions Willie Howard 602-531-2472-Cell 480-288-6645-Home On Wed,Nov 4,2015 at 12.20 PM, Kathy Connelly<kconnelly(a,ajcity.net>wrote. . Good afternoon As we discussed,there is currently a vacancy on the city's planning and zoning ^ commission resulting from the resignation of a long-time member for health reasons At last night's meeting, the mayor and council discussed filling this vacancy including your possible interest in serving on the commission. If you are so interested, it would be necessary for you to resign from both the board of adjustment and the parks and recreation commission If you would be willing to do so, by please do so in writingeither email or letter and I will provide your response to the mayor and council The council will be discussing this vacancy at their November 16 work session and considering filling the position at their November 17th regular meeting Please plan on attending these meetings.Thank you Kathy Connelly, City Clerk City of Apache Junction 30o E Superstition Boulevard Apache Junction,AZ 85119 1 ROLL CALL VOTE NOTES: < /19) ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON VICE MAYOR BARKER V COUNCILMEMBER SERDY COUNCILMEMBER EVANS U COUNCILMEMBER WALDRON f MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .^ ROLL CALL VOTE NOTES: f U V v ITEM # MEETING OF , MOTION BY ( f,1/4)\,k/s11 SECONDED BYcit6,th,-- MAY ES NO ABSTAINED VICE MAYOR BARKER V COUNCILMEMBER WALDRON I COUNCILMEMBER WILSON li COUNCILMEMBER EVANS J COUNCILMEMBER RIZZI JV COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ()p-9/1\1 ITEM # MEETING OF MOTION BY• SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI I / COUNCILMEMBER EVANS '✓ COUNCILMEMBER WILSON /'� COUNCILMEMBER WALDRON v' VICE MAYOR BARKER MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 , PLANNING AND ZONING COMMISSI N I MOVE THAT i . (1 � BE APPOINTED TO THE PLANNING AND ZONING COMMISS ON R A TERM TO EXPIRE OCTOBER 31, 2017. ,,� BOARD OF ADJUSTMENT I MOVE THAT NV' R(1 BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TER_ TO EXPIRE ON OCTOBER 31,2016 PARKS AND RECREATION COMMISS ON (4 j I MOVE THAT \,($� BE APPOINTED TO THE PARKS AND RECREATION COMMISSI ' OR A TERM TO EXPIRE OCTOBER 31, 2018. IMIlk City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 * Agenda Item No.10. File ID: 15-475 Sponsor Matt Busby, Larry Kirch and Bryant Powell Agenda Date. 11/17/2015 Index. In Control.City Council Meeting Council direction to staff on possible amendment to both the operational agreement and Ordinance No 1034 related to the landfill located south of Baseline Road at the Tomahawk alignment Attachments. AM Mk City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 ITEM NO. 10 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE LANDFILL CLOSURE PROPOSAL. 1 THAT STAFF PROCEED WITH AMENDMENTS TO THE OPERATING AGREEMENT AS PRESENTED AND DISCUSSED AT THE NOVEMBER 16,2015 WORK SESSION. 2 THAT STAFF BEGIN THE PROCESS FOR A CITY-INITIATED PLANNED DEVELOPMENT REZONING 3. THAT STAFF RETURN THE PROPOSED PLANNED DEVELOPMENT REZONING FOLLOWING A PUBLIC HEARING AND RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION AND PROVIDE IT AT THE SAME TIME THAT THE PROPOSED FINAL OPERATING AGREEMENT IS PRESENTED TO THE COUNCIL. ROLL CALL VOTE � 1 r NOTES t ( \ ITEM# O MEETING OF pr MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS J COUNCILMEMBER SERDY ,I VICE MAYOR BARKER COUNCILMEMBER WILSON I COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /\ 41.. AM\ .M. ITEM NO. 10 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING POSSIBLE AMENDMENTS TO BOTH THE OPERATIONAL AGREEMENT AND ORDINANCE NO 1034 RELATED TO THE LANDFILL LOCATED SOUTH OF BASELINE ROAD AT THE TOMAHAWK ALIGNMENT: 1119. City of Apache Junction, Arizona 300 E Superstition Boulevard OW4 , Agenda Item Cover Sheet f Apache Junction,AZ 85119 Agenda Item No. 11. - , File ID: 15-476 Sponsor Larry Kirch Agenda Date 11/17/2015 Index. In Control City Council Meeting elk Presentation, discussion and possible direction to staff on proposed amendments to the Planning and Zoning administrative fees. Attachments r4 City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 AJ Avondale Buckeye Gilbert Goode Mesa Surprise High low Average 1. . IIMMIMINNII $2500 OR w/add'I a CC $3000+5100/acre to CUP $700 $1,250 $1,600 $1.590 $20W•$60/acre -.351000 $975/sheet 2000 700 1147 550000max 5500+mailouts CUP Unauthorized Use 52,500 CUPI tension $700 50%ohureont fee N/A 2500 2500 ;.SW-- N/A 700 625 348��CUP Permh Amendment $700 N/A 700 700 700-- CUP Continuance $250 L. N/A 1000 100 100 IIIIIIIIIIIIMIIIIIIIIIIIMIIIIIMIIIIIIIIIIII .,With Engineering Analysis 52,1.W � N/A 2100 2100 2100�- Residential $35oo a$20rarre 5.150.j3�1/4cre N/A _1500+20/acre 250+30/acre 875+25/acre - - Non-Residential 5300,1•$501.cre 1 [IOr10,530/,ue N/A 3000+50/acre 1000+30/acre 2000+40/acre 111.11.1111111111- Variance $2,100 '+'1111111111111111111111110111111111.11 rtaif3J- Residential $250 $205 $245 s500 $259 5500 N/A 500 205 327 Residential Minor 5100,N/A 100 100 300 'I -. Extension Non Residential $600 $1,070 $1,220 55.03 $1,037 51,000 N/A 1220 500 905 .-$' Extension 4$104 N/A 10410 104 Continuance of Variance by Applicant 5250 $150104 N/A 50 150200-- Multi-Family $1,220 N/A 1220 1220 1220-- $2165+$10/acre to General Plan Amendment $5500 maximum 2165+10/acre 2165+10/acre 2165+10/acre • $2000•520/acre to Major Text Amendment $1,025 56,400 $3,050 515,030 $5500.$20/acre $4,045/each 15000 1025 6170 100,000 maximum 55r $1600.010/o-re to Minor Text Amendment $890 54,200 $3,050 $3,000 $2000+520/acre $1,735/each 4200 890 2480 30000 maximum 54478-4824 Major Map Amendment 1025.$65/acre $5,495 $4,045/each 5495 1025+65/acre 3522-- Minor Map Amendment $890.$55/acre $3,860 $1,735/each 3860 890+55/acre 2162 Major GP Amendment/Residential $7500 a$30(au 54,045/each 4045 2500+30/acre 3273 Ma•r GP Amendment/Non-Residential $2500•$50/acre $4,045/each 4045 2500+50/acre 3273 1111111111111111111111110111.11111111111111 2;r r/ . to Text Amendment $Z,SW 1 m 51000 `]035/Each 2500 1035 1845 f r at,mxlmum Minor GP Amendment/Residential $280n•SAS;acre S1,735/each 2000 1735 1868 Minor GP Amendment/Non-Residential $200 2•$90,a e 61,735/each 2000 1735 1868�- MinorwdhZonenuance 51,735/each 1735 1735 1735=� Continuance 9063.of GP tee 50%of GP fee 50%of GP fee 50%of GP fee Zoning Verification Letter I $2301 51301 $2501 $245I 51651 2ICC I 5250 1550/Each 250 100 1191 I S38I Zoning Interpretation Leer I 51501 51801 I I 570Interpretationtt $600I 52501660/Each 700 60 3241 I J Administrative Relief '1615 54f!0 615 480 S46 Residential 5205 N/A 205 205 205 Commercial 5460 N/A 460 460 460 Appeals I I 6305 I I 55130 5518 I $ 5250/each 648 250 401 5100 Zoning Administrator's Decision $250 $650 5305 $250/each 650 250 351 5300 Development Fee Administrator $340 N/A 340 340 340 Written Interpretation of 2A $150 Residential N/A 150 150 150 N/A $500 Commercial 0-499 mailouts r Commercial mailouts , • N/A N/A $z n64 52,900 Development Agreement $500 $510 510 500 505 New Agreement $2,000 58,000 - 51,775/each 8000 1275 3759 To Amend $1,000 50,500 51.210/each 3500 1000 1904 Amendment-Developer Initiated $2,500 2500 2500 2500 • Applicant Initiated Continuance 1 1 5510 I I 5515 I $,50 1 $500 I $ $220/each 615 220 7911 52501 1 Copies Full She 24a36 $3 00 Copies 8.5x11 3 3 3 $0 25 $1 try• 0.50/page 1 0.25 0 63 Copies D.Sa14 F1� $0.50/page 0.5 0.5 05 Copes I1817 $5I. $1.CD/page 5 1 larger than 11x17 $10 $5.00/page 10 5 b. Planner Consultation/per hour I I 545 1 I I 1 N/A 45 45 ..SI 1 1 $1944+ $1267+$42/lot to 51000. $65/lot/tract/unn/par $2000 a$200/acre to Preliminary Plat $5500 maximum $1785+59/lot $4500.540/lot $20/1ot/tn / - cel $1600.$40/lor $320/sheet 4500+40/1ot 3201774+36/lot 534,000 maximum $2113+$63/sheet Preliminary Plat Extension 50%of current fee 52,600• $3711 $648 $320/sheet 2600 320 968 $434 Preliminary Plat Amendment 50%of current fee $320/sheet 893.9/lot 320 607+9/lot $6100+573 25/acre Preliminary Subdivision Plat/Open Spare Plan over 40 acres ._ $320/sheet 6100.73.25/acee 320 3210+73.25/acre 1t Preliminary Subdivision Plat/Open Space Amendment 50%of current fee 5320/sheet 3050-373.25/acre 3201685.73.25/acre ) Preliminary Subdivision Plat/Open Space Amendment Administrative 5615 $320/sheet 615 320 467.5 Preliminary Subdivision Plat/Open Space Amendment Minor 5150 $320/sheet 320 150 235 Preliminary PAD/Residential $1500 r$15/:sere N/A 1500+25/acre 1500+25/acre 1500+25/acre + Preliminary PAD Residential Amendment $1000+515/acre N/A 1000+15/acre 1000+15/acre 1000+15/acre Preliminary PAD/Non-Residential $2500+$50/acre N/A 2500+50/acre 2500+50/acre 2500+50/acre Preliminary PAD/Non-Residential Amendment 51000+535/acre N/A 1000+35/acre 1000+35/acre 1000+35/acre PAD Zoning Overlay/Residential $1500+$207arre $3,540/PUD Overlay 3540/PUD Overlay 1500+20/acre 2520+20/acre PAD Zoning Overlay/Non-Residential- 52(a)+545/acre $3,540/PUD Overlay 3540/PUD Overlay 2000+45/acre 2770+45/acre Time Extension I I Sin '"2 N/A 375 375 375 51296a 526/lot/und/tract/par $1000+525/acre to Final Mat $716a$17/acre 995+$9/lot $3000+$30/lot $1220+52435/lot $1250+$15/acre ['Pi $1200+520/lot 5300/sheet 3000+30/lot 300/sheet 1248+21/lot $10,000 maximum 5330+$114/sheet Anal Plat Amendment/Replat $500 50%of current fee 5245+524.35/lot $1000+$15/acre 50%of original fee •$300/sheet 1000+15/1ot 245+24.35/lot 524+20/lot 1.11111111111111111111111111111111111111 Non-Residential Final Plat $1250+545/acre _ 5300/sheet 1250+45/acre 300/sheet 775+45/acre 11.111111.11111111111111111111111111111111 Non-Residential Amendment $1000 a$35/acre 5300/sheet 1000+35/acre 300/sheet 650+35/acre —1111.1.1111.11111MI $0 Final Subdivision Plat $20/fo/lotjua+d/parcel _5300/sheet 600+20/lot 300/sheet 450+204ot y■ $50 plus actual 50+actual recording $25/sheet 1+ Plat Recordation Fee&Document Handling recording fees $75/sheet 1+$21/2+ Actual cost fees $21/2+ 38+21/2+sheets Minor Land Division/Land Split $100 5460 51,000 5286+$26/lot $350 See final plat 1000 100 366+26/lot $272 Residential 5700 700 700 700 Non-Residential $1,600_ 1600 1600 1600 Planner Pre-Application Meeting $150 I 450/Due Diligence 150 0 ,_ $d90. 44• 5300/initial meeting Team Pre-Application Meeting $200 5300 5300 5200 a $400 S354$150/follow up 400 200 293 $350 • Required Publications $500 Current rate ,5185.22/ad 500 185.22 343 Required Postings Proorded by applicant Applicant Resp Required Property Owner Notifications Provided by applicant 51.00/document 1/document 1/document 1/document Zoning Ordinance $30 +N/A 30 30 30 Subdivision Ordinance $10 N/A 10 10 10 General Plan $30 1 $30 N/A 30 30 30 General Plan Map $10 $25 N/A 25 10 18 Publkations on CD $5 $10 $5 /5.00/each 10 5 13 ;, • $2400+$13-78/acre - •` depending on acreage except for $1200+5100/acre to Rezoning Downtown • ,52,700/each 2700 2400+13-78/acre 2550+13-78/acre $50000 maximum 8639 acres/$9600, Single Family $1,450 51070+555/acre >_639 acres/$12,000 521+$40/acre 52,700/each 120001070+55/acre 3844+48/acre , Cxx Amendment 51000+$15/acre 52,700/each 2700 1000+15/acre 1850+15/acre IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO $1450+$50/acre to 53D on site<1.25 acres$5500 maximum $2,700/each 5500 2700 4100 $1450+$50/acre to -� Multi Family $1450 maximum $1070+570/acre $2,700/earn 5500 1070 3090 60/acre $1450a550/acre to Non Residential $5500 maximum $1425 a$70 acre / $20+x y6o cie $2,700/each 5500 1425+70/acre 2907+60/acre NMI Amendment $lax).535/acre ',' 52,700/each 27001000+35/acre 1850+35/acre _1111.1111111111111111.111111 $1620+$50/acre to s $5500 maximum $1785+70/acre $2 ff0l N/A 5500 1785+70/acre 3195+60/acre �� PAD Extension of Amendment 50%of current fee rl/A 50%of current fee 50%of current fee 50%of current fee aIrelIIIIIII CC(City Center) $1785+$70/acre 4$1944+$65/acre $2,700/each 2700 1785 2143+68/acre _1111111111111111=1 5 mammon $5000+eranoacrn to Overlay District $1250+570/acre $3,035/PUD overlay 3035 1275+70/acre 2155+70/acre $30000 m Overlay District Extension 5044 of current fee + N/A 50%of current fee 50%of current fee 50%Of current fee -- Continuance of Rezoning Case by Applicant 5250 N/A 250 250 750 IIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIII Time Extension for Rezoning $0 M N/A 0 0 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Not involving CMP or PAD process 54,500 N/A 4500 4500 4500 111111111111.11111111111111111111111111111111.Conventional(no overlay) $5,495 ,43 r N/A 5495 5495 5495 FJIIIIIMIIIIIIIII— $6715+$91.50Jacre 6715a91.50/acre 4875+91.50/acre PAD Overlay District over 40 acres $3,035/PUD overlay over 40 acres 3035/PUD overlay over 40 acres Residential 515)01+510/orre I $3,035/PUD overlay 3035/PUD overlay 1500+20/acre 2268+20/acre 1111111111111111111111111111111111.1111111 Non-Residential $1000+545/acre 'r$3,035/PUD overlay 3035/PUD overlay 2000+45/acre 2518+45/acre =w—__ PAD Overlay District-Development Standards Only $6,120 ",N/A 6120 6120 6120 PAD Overlay District Amendment-Other 56715+561/acre 504n of ce gmal tee' 'N/A _6715+61/acre 50%of original fee 1111111111101111.1111 Rezoning OJ99 mahouts __~ N/A .71141MONIM$4478.4850 PAD no zone change PAD Minor Amendment -- �^N/A $4478-0824 c10ayes -, N/A 210 coos N/A $392 PAD<20 acres N/A PAD 220 acres 4 N/A • $2400+$13-78/acre A olenhal 51000 . depending on , +20 acre 516[q $1620+$50/acre to r,u - Residential NB$1 +$i5e;Ng$1000$L acreage except for SSOJaor;220 acres Major Amendment to Planned Development $5500 maximum $1400,base $6715+$61/acre +$35;acre ' Downtown $2000+550/acre 51,770/each $6715+$61/acre +535/acre N $10002415+55/acre $2000+$20/acre $1500+$10/acre; Minor Amendment to Planned Deveopment $230 $6,120 —_ $2,400 5885/each 6120 230 2409$750+$10/acre <392 Zoning Ordinance Text Amendment I I $8901 $2,000 I I $2,5 1 $1,035/each _ 2500 890 16031 I Reviews Letter of Noe-Conforming I $270 I I 1 I I I I N/A 270 270 2701 I1 s840sf/$120, 7840st ` Temporary Use Permit $250 $180 $275 $265 5110 5.250 530/540/$60/each 275 60 199 $427 Residential Non-residential $250 5750 Landscape Plan Review $137.50/sheet ' $200/N 169 $11A/sM1eet sheet 2610 137.5 Landscape Ordinance Appeal $250 Continuance of LOA by Applicant $125 +:s /A 250 250 250 _ N/A 125 125 125 Land Split I $1001 I $1,000 I I 15236+$26/lot I --300/sheet 1000 100 4221 1 1 Special Sign Permit Fees iN/A Offsite Development Sign(1 per applicant) $300 $235 300 235 268 $57 Weekend Directional Signs $115(yr I +N/A 115/yr 115/yr 115/yr Up to five signs $300 300 300 300 $57 Six to ten signs $350 '--' Eleven to fifteen signs 5400 - 350 350 350 400 400 400 •Administrative Use Permit I I I I $6151 $251 IN/A 615 25 3)01 1 Cargo Container/Portable Storage I $1001 I I I 565 I IN/A 100 65 831 I , Special Density Permit $100 N/A Renewal $50 - 100 100100 $50 50 50 347 Subdivision I I I I I � I51001+520nt on4necl 1000+20/1oe 300/sheet 650+20/Iot Comprehensive Sign Package 1750 Sign Permit 750 750 750 Site Plan $125 ea 125 125 125 Residential $1300+$50/acre 1300+50/acre 1300+50/acre 1300+50/acre Non-Residential $' Amendment 000+550/acre $2000+$50/acre $2000.$50/acre $2000+$50/acre Annexation - 5096 of original fee 5096 of original fee 50%of original fee 50%of original fee <20 acres $1,203 $1,200 $1,200 $1,200 220 acres Design Review --.— $1,600 $1,600 $1,600 $1,600 Design Review Modification -- $1,500. _ $1,500 $1,500 $1,500 ..._.... ...__ . ..__.__ SSOD $500 $500 $SW 9 ) Staff and P&Z AJ Current Fee Recommended Fees Staff Hours Hours*Rate Depts.involved CUP DSD(12)$50,CA(1) Residential Use/extension/amendment $700 $700 13 $100 DSD(3),CA(1) Non-Residential Use/extension/amendment*Sign DSD(14)$50,CA(1) Package is included if submitted with CUP $700 $800 15 $100 DSD(3),CA(1) Landscape Ordinance Appeal by CUP $700 $600 11 DSD(10)$50,CA(1) DSD(1),CA(1) ) Sign Package by CUP*If included with Non-Residential CUP the sign package is included with$800 CUP DSD(14)$50,CA(1) remittance $700 $800 15 $100 DSD(3),CA(1) Variance Residential $250 $500 10 DSD(10)$50 DSD(1) Non Residential $600 $750 15 DSD(15)$50 DSD(2) Continuance of Variance by Applicant $250 $250 Landscape Ordinance Appear $�50 $500 30 OSD(10)$50 OSD(1) Continuance of LOA by Applicant $123 General Plan Amendment _ DSD(20)$50;CA(2) $100, CC(1)$75, CM DSD(2),CA(1),CC Text Amendment 0 $1,300 24 (1)$25 (1),CM(1) DSD(25)$50,CA(2) $2165+$10/acre to $1550+$10/acre to$5500 $100, CC(1)$75, CM DSD(2),CA(1),CC Major Map Amendment $5500 maximum maximum 29 (1)$25 (1),CM (1) Minor Map Amendment 0 Included in rezoning Zoning Verification Letter $230 $250_ 5 DSD(5)$50 DSD(2) Administrative Relief Residential 0 $150 3 DSD(3)$50 DSD(1) Commercial 0 $250 5 DSD(5)$50 DSD(2) Appeals Zoning Administrator's Decision/Residential $250 $500 10 DSD(10)$50 DSD(1) Zoning Administrator's Decision/Non-Residential $250 $750 15 DSD(15)$50 DSD(2) Continuance of Appeal by Applicant $0 $250 DSD(5)$50,CM(1) Development Fee Administrator $340 $350 6 $100 DSD(1),CM(1) Written Interpretation of ZA $150 $150 3 DSD(3)$50 DSD(3) Development Agreement -5814 DSD(5)$50,CA(20) $100;CM(5)$100,ED DSD(3),CA,CM(2); ` New Agreement $2,000 $3,075 36 (5)$50,CC(1)$75 ED(2),CC(1) / DSD(3)$50,CA(10) $100,CM(3)$100,ED DSD(3),CA,CM(2), Amendment-Developer Initiated $2,500 $1,675 20 (3)$50,CC(1)$75 ED(2),CC(1) To Amend $1,000 DSD(20)$50,CA(1) $1267+$42/lot to $1575+$42/lot to$5500 $100, PW(8)$50,CC(1) DSD(4), PW(2),CC Preliminary Plat $5500 maximum maximum 30 $75 (1),CA(1) Preliminary Plat Extension 0 $500 DSD(20)$50,CA(1) $1575+$42/lot to$5500 $100,PW(8)$50,CC(1) DSD(4),PW(2),CC, Preliminary Plat Amendment 0 maximum 30 $75 CA DSD(20)$50,CA(1) $1575+$21/lot to$2500 $100, PW(8)$50,CC(1) DSD(4),PW(2),CC Final Plat $716+17/acre maximum 30 $75 (1),CA(1) DSD(20)$50,CA(1) $1575+$21/lot to$2500 $100, PW(8)$50;CC(1) DSD(4),PW(2),CC Final Plat Amendment/Replat $500 maximum 30 $75 (1);CA(1) $50 plus actual $100 plus actual recording Plat Recordation Fee&Document Handling recording fees fees 2 DSD(2)$50 DSD(1) Option•Allow Developer to Record Minor Land Division/Land Split $100 $250 5 DSD(5)$50 DSD(2) ) ) ) DSD(3)$50; PW(1)$50; DS0(4); PW(1);CM $200 $350 6 CM(1)$100; ED(1)$50 (1); ED(1) Required Publications(CUP,REZ,PDA,GPA,VAR, APP,IPA) $500 $500 Actual cost of newspaper publication $1450+$50/acre to $825+$50/acre to$5500 DSD(13)$50,CC(1)$75; DSD(3),CC(1),CA Rezoning $5500 maximum maximum 15 CA(1)$100 (1) $1620+$50/acre to $925+$50/acre to$5500 DSD(15)$50,CC(1)$75, DSD(3);CC(1),CA PD(Commercial/Residential) $5500 maximum maximum 17 CA(1)$100 (1) $1620+$50/acre to $925+$50/acre to$5500 DSD(15)$50;CC(1)$75, DSD(3),CC(1);CA Major Amendment to Planned Development $5500 maximum maximum 17 CA(1)$100 (1) Minor Amendment to Planned Development $230 $250 5 DSD(5)$50 DSD(1) DSD(16)$50,CA(3) $100,CC(2)$75,CM(2) DSD(2),CA(1),CC Zoning Ordinance Text Amendment 0 $1,300 23 $25 (1),CM (1) Review&Letter of Non-Conforming $270 $250 5 DSD(5)$50 DSD(2) Commercial/Ind/MF Development Review 0 $350 7 DSD(5)$50,PW(2)$50 DSD(3);PW(2) ) Landscape Plan Review $137 50/sheet $150 3 DSD(2), P&R(1) DSD(1),P&R(1) Administrative Use Permit 0 $25 5 DSD(5)$50 DSD(1) Cargo Container/Portable Storage $100 $100 2 DSD(2)$50 DSD(1) Special Density Permit/Caretaker Unit Permit $100 $100 2 DSD(2)$50 DSD(1) Annual Renewal $50 $50 1 DSD(1)$50 DSD(1) Annexation DSD(12)$50,CA(1) $100,CM(1)$100,CC, DSD(2),CA(1),CC less than 20 owners 0 $875 15 (1)$75 (1),CM (1) DSD(15)$50,CA(1) $100,CM(1)$100,CC DSD(1),CA(1),CC more than 20 owners 0 $1,075 18 (1)$75 (1),CM(1) Ali continuances 0 $250 Special Sign Pcrmit Fces Offsitc Development Sign(1 per applicant) 389 Lip to five signs S-3 0 Six to ten signs 50 Eleven to fifteen signs $499 Copies 8.5x11 0 25 0 25 Copies 8.5x14 0 25 0 25 Copies 11x17 0 25 50/sheet Larger than 11x17 0 25 19 Linear Foot 60/sheet Zoning Ordinance $15 00 Subdivision Ordinance $10 00 General Plan $28.00 General Plan Map Publications on CD t LEGEND Red-new or changed fee or verbiage Strikethrough-removing or changing Copy charges adopted by resolution 90-42 oiNk ROLL CALL VOTE NOTES: 4 / (1.,Y l ,,,,i), ,,,,,,iv,,,) ,,),( 0y/ ,,,,,k \\ ,,, 0 ,,p„ ITEM # \ MEETING OF MOTION BY: SECONDED BY: til YES NO ABSTAINED COUNCILMEMBER EVANS ,/ VICE MAYOR BARKER J COUNCILMEMBER RIZZI J COUNCILMEMBER WALDRON J COUNCILMEMBER SERDY / COUNCILMEMBER WILSON ✓ a MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Aim ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED AMENDMENTS TO THE PLANNING AND ZONING ADMINISTRATIVE FEES• ROLL CALL VOTE NOTES. \ , (1) cli\\ 0 / 0 \I \5 ITEM # - MEETING OF 1:, MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER J COUNCLMEMBER EVANS 11 MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 4.6• JAM ITEM NO. 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, NOVEMBER 30, 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, DECEMBER 1, 2015, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: S 1 I MOVE THAT THE MEETING BE ADJOURNED AT P.M. i ROLL CALL WS: i I J tr J 4 REG 1 11 ) SPEC: CITY COUNCIL. P I/ A P / A P / A MAYOR INSALACO VICE MAYOR BARKER ✓ COUNCILMEMBER EVANS v V' COUNCILMEMBER RIZZI v / COUNCILMEMBER SERDY 1. ✓ COUNCILMEMBER WALDRON ✓ I(/ COUNCILMEMBER WILSON ✓ V TOTAL U i CITY STAFF: 1 I I ti City Manager Bryant Powell 1,7 v _ Assistant City Manager Matt Busby6 City Clerk Kathleen Connelly V 1/ _ V / City Attorney Joel Stern ✓ (✓ Public Safety Director Tom Kelly '�/ .�, I Public Works Director Giao R / Pham / _ Parks & Recreation Director / Jeff Bell A Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid ‘,/ Development Svcs Director Larry Kirch V Human Resources Director Liz Riley / � 14( 711/7c% 1,./, i OTHERS e4( j ,i`a f J ril Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR i 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? Yeso Woo Only If Necessary o o I amAci-Z in favor of the proposed Item. o I am opposed to the proposed Item. G � — �Q (Z -ServZ�e, yl S ame (Print) / vl' D ) Jz 0 ! ` V Address City Zip Code 40 }�(eQ r tAL L_ Scytii c‹S Telephone L 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 andlor 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