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HomeMy WebLinkAbout2013 02.05 City Council Regular Agenda PLEASE FILL OUT A"RETEST TO SPEAK"FORM IF YOU WISH TO ADI"GSS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARII TEM. gsnCH '' f" City o ache Junction Ho>rre of the Superstttton Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD .... APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA February 5, 2013 7:00 PM A CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Approval of Minutes of Regular Meeting of January 15,2013. 2. Acceptance of Agenda. 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 3. PRESENTATION OF A CERTIFICATE OF APPRECIATION TO CHARLES HATFIELD IN RECOGNITION OF HIS VOLUNTEER SERVICE FOR THE CITY OF APACHE JUNCTION MULTIMEDIA AND BROADCAST EFFORT FROM SEPTEMBER 2006 TO NOVEMBER 2012. F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries. 4 MANAGER'S REPORT 5 PRESENTATION AND DISCUSSION ON CURRENT STATE LEGISLATION. On Monday,January 14,the first regular session of Arizona's 51st Legislature convened Staff will update the city council on current legislative issues that impact the city 6. PRESENTATION AND DISCUSSION ON THE POLICE DEPARTMENT'S VOLUNTEER PROGRAM FOR 2011 AND 2012. Chief Jerald Monahan will provide an update on the volunteer program's contributions to our community The presentation will include 2011 and 2012 ^ A.". 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 7. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C GARRETT VFW POST#7968 FOR SECOND ANNUAL HOGFEST ON FEBRUARY 23,2013 AT 2910 WEST APACHE TRAIL This event is being held at Superstition Harley-Davidson,2910 W Apache Trail The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 8. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341`r NORTH APACHE TRAIL. This application is for a permanent extension of premises in order to serve liquor near a new bull riding arena proposed for the location The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control I 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 None. 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 9 DISCUSSION ON A PROPOSED SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN. On February 18,2009,the city entered into an economic development agreement with Mehmood Mohiuddin,which included provisions for a restaurant to be constructed next to the existing convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88. The parties first amended the development agreement on May 8,2009 related to occupancy certification due to landscaping and parking barricade requirements Mehmood Mohiuddin, owner of Dash In Mini Mart and Hitching Post Restaurant,has requested a second amendment to the agreement in order to expand the development to include a bull riding arena and related facilities on the property 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 THE WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION. At the January 14,2013 Council Work Session,staff presented an approach for economic development based on a focus of diversifying local employment and business opportunities,continuing to focus on the redevelopment and enhancements to our downtown,and considering how to further advance Apache Junction as a destination for visitors and future residents Staff is prepared with a detailed work plan to advance each of these focus areas and is seeking direction from the council to ensure we have the right areas on which to work 11. COUNCIL DIRECTION TO STAFF ON THE PROCESS FOR OBTAINING A PERMIT FOR A SPECIAL,COMMUNITY, OR PRIVATE EVENT. At the January 14,2013 Work Session,staff presented council with a process improvement concept designed to enhance and streamline the process for obtaining a special,community or private event permit After brainstorming the idea with local businesses and non-profits,staff has identified a number of ways in which the process can be improved Because some of those ideas will require changes to Chapter 8 of the City Code,staff is seeking direction from council on if/how they would like to proceed L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 12 EXECUTIVE SESSION Az 5.45 P.M.AND WORK SESSION AT 7:00 9.M. FOR MONDAY, FEBRUARY 18,2013 IS CANCELLED DUE TO =OBSERVATION OF PRESIDENT'S DAY _IDAY. 13. EXECUTIVE SESSION AT 5.45 P M FOR TUESDAY, FEBRUARY 19, 2013. OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda. If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1)respond 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 AOilk speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 OOa—6 OOp, excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING JANUARY 15, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 15, 2013, at the Apache Junction City Council Chambers pursuant to the notice A. required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Councilmember Barker Councilmember Serdy Councilmember Waldron Councilmember Wilson (Vice Mayor Dietz and Councilmember oak Evans were absent . ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Others Present : Senior Planner Rudy Esquivias Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 1 OF 11 Program Coordinator Heather Patel Library Manager Tracie Curtis Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO EXTEND THE CURRENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY, CONTRACT #DE081140-001 FOR VENDING SERVICES AT THE CITY LIBRARY, FROM JANUARY 28, 2013 THROUGH JANUARY 27, 2014 ; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT EXTENSION PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN TO RESOLUTION NO. 12-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF COMMERCIAL REHABILITATION GUIDELINES; AND THAT APPROVAL BE GIVEN TO RESOLUTION NO. 12-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994 , AS AMENDED, IN RELATION TO A HOUSING REHABILITATION ACTIVITY. Councilmember Barker SECONDED THE MOTION. VOTE. Unanimous . The motion carried AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he is continuing to take adoption applications on a rescue horse. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 2 OF 11 CITY MANAGER' S REPORT City Manager George Hoffman commented on an easement issue on Goldfield Road, succession planning, Library Manager Tracie Curtis, free dump week at the landfill, Paws and Claws Care Center receiving $2, 455 in cash donations in December and Assistant City Manager Bryant Powell serving as president-elect of the Rotary Club. Recreation Superintendent Liz Langenbach gave a presentation on the Wellness Partnership Youth Forum held at Central Arizona College in October 2012 . Mr. Justin Capozzi assisted in the presentation. Library Manager Tracie Curtis gave a presentation on classes the library is conducting in collaboration with the municipal court through the use of grants . PUBLIC HEARINGS PROPOSED ORDINANCE NO. 1388, CASE PZ-4-12, AN APPLICATION BY JAMES E. AND NORMA JEAN TALBOTT, REPRESENTED BY RON DWYER, TO REZONE THEIR PROPERTY AT THE SOUTHEAST CORNER OF WEST SUPERSTITION BOULEVARD AND NORTH SAGUARO DRIVE FROM GR (GENERAL RURAL) TO C-2/PD LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT) FOR THE PURPOSE OF DEVELOPING A WATER AND ICE DISPENSING KIOSK BUSINESS ) Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco commented he is glad that the condition regarding the billboard is in the ordinance. They are known to go in before the lease is up and have a new one signed. It has happened before and it will not happen here again. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 3 OF 11 Senior Planner Rudy Esquivias stated it is a condition of approval and it will be subject to code enforcement should that condition not be made effective. Mayor Insalaco requested the applicant address the council . The applicant declined. He then 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. Councilmember Barker commented on the proposed change to number seven, date certain is in parenthesis . Senior Planner Rudy Esquivias stated there is a date there for them to insert . Mayor Insalaco closed the discussion with no further comments and called for a motion Councilmember Waldron MOVED THAT ORDINANCE NO 1388 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1388, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT CONDITION NUMBER SEVEN READ AS FOLLOWS: THE DEVELOPER OF THE PROPERTY SHALL NOT GRANT ANOTHER LEASE EXTENSION TO THE OWNER OF THE GRANDFATHERED BILLBOARD ON THE PROPERTY AND SHALL MOVE THE GRANDFATHERED BILLBOARD AT THE EXPIRATION OF THIS LEASE, SAID DATE NOT TO EXTEND BEYOND DECEMBER 19, 2018 . REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 4 OF 11 Amok Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO 12-40, AUTHORITY TO SUBMIT FOR FISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS Program Coordinator Heather Patel briefed the council on the item. Councilmember Serdy asked how she came up with the figure that North Apache Trail only serves 4, 100 residents . Program Coordinator Heather Patel stated it is based on census data. The North Apache Trail area within the Crossroads Redevelopment Area encompasses just a certain area of the census tract . That is where the number comes from. Councilmember Barker commented it comes from the residents . Program Coordinator Heather Patel stated that is correct . It is residential properties within the Crossroads Redevelopment Area. .a► Councilmember Barker commented it does not identify the number of people who actually utilize the area Program Coordinator Heather Patel stated that is correct. That is a different number. Our target population would actually be used there, and that is hard to say because we have outsiders that come in and use it as well . She continued with her briefing. Councilmember Barker commented they touched on the flooded areas when they began REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 5 OF 11 talking about this . She asked if she heard correctly that those areas are already an ongoing thing within our own departments as far as doing a plan to know how to get them done. Program Coordinator Heather Patel stated the city engineer is here to talk more on it, but she does know that engineering is in the process . Interim Public Works Director/City Engineer Giao Pham stated they have tried to look at that . They have design plans . Based on the decision the council has now, we are working internally to apply for other grants from Pinal County for flooding funding sources to help with the roadway project and the drainage issues . They have around $375, 000 of Housing and Urban Renewal Funds from our budget this fiscal year to do some improvements there. They are waiting to hear if they get these additional grants for another $275, 000 . They will look around for more financing options as they proceed. Councilmember Waldron asked when they might hear from those grants . Interim Public Works Director/City Engineer Giao Pham stated Pinal County should make a decision within the next couple of weeks as far as whether we have the green light . They submitted 4 or 5 projects within this area, prioritizing them. There are matching funds from us. He will know more about what their selection process was and if any of our projects made it through their system. Councilmember Waldron commented this will dovetail well between this, the Pinal County grant and the North Apache Trial decision in March. Interim Public Works Director/City Engineer Giao Pham stated this is one of the reasons why they want to get more designs completed. They have options from a construction point of view. The timing is perfect. Once the council makes a decision on how to prioritize the Community Development Block Grant and State Special Projects, then they will seek other funding sources as needed. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 6 OF 11 Mayor Insalaco opened the public hearing on the item. Pinal County Supervisor Clark Smithson, 1700 S . Weaver Drive, Apache Junction, addressed the council . He stated every effort should be made to take care of those streets mentioned by Councilmember Barker. Those people deal with that every day, especially when it rains . The streets .NE• are horrible and it would be an embarrassment to live on one of them. New housing has gone up and fixing those streets should be a high priority. It would be a benefit to the people there and the city in the long run. He requested they place those as high as they can. Mayor Insalaco agreed. He then closed the public hearing with no one else wishing to speak and reopened the item to council discussion. There being no further discussion, he called for a motion Councilmember Barker MOVED THAT RESOLUTION NO. 12-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FISCAL YEAR 2013 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA") , AND FISCAL YEAR 2013 STATE SPECIAL PROJECTs ("SSP") (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATIONS, BE APPROVED. Councilmember Waldron Anil. SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Attorney Joel Stern commented he does not think they identified the projects . Program Coordinator Heather Patel asked if they are going to follow the primary/secondary concept. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 7 OF 11 The consensus of the council was that they would. Program Coordinator Heather Patel stated the secondary would be drainage for both Community Development Block Grant and State Special Projects . Mayor Insalaco commented that is correct . OLD BUSINESS None . NEW BUSINESS None . DIRECTION TO STAFF None . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, FEBRUARY 4, 2013, 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, FEBRUARY 5, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 8 OF 11 Ms . Tess Nesser, 1511 S . Cactus, Apache Junction, addressed the council regarding the Renaissance Festival. Ms . Penny Pew, District Director for the Office of Congressman Paul Gosar, 240 S. Montezuma Street, Prescott, addressed the council regarding the an office he will be opening in San Tan Valley. Ms . Carol Murphy, 570 N. Goldfield, Apache Junction, addressed the council to speak in opposition to the proposed widening of Goldfield Road. Ms . Cristina Driscoll, 1852 N Goldfield, Apache Junction, addressed the council to speak in opposition to the proposed widening of Goldfield Road. She also presented 23 letters of property owners against the widening of the road. Ms . Terry Collins, 1548 S . Goldfield, Apache Junction, addressed the council to speak in opposition to the proposed widening of Goldfield Road. Ms . Penney Collins, 1470 S . Goldfield, Apache Junction, addressed the council to speak in opposition to the proposed widening of Goldfield Road. Mr. John Howard, 1532 S . Goldfield, Apache Junction, addressed the council to speak in opposition to the proposed widening of Goldfield Road. Councilmember Wilson commented he had talked to a couple of the concerned people . The council wants to set up a meeting with the people on Goldfield and address their concerns . He encouraged them to continue to call him. Councilmember Serdy commented he cannot see how this can happen. They could save a lot of staff time and effort if they just drop it. Mayor Insalaco agreed. City Clerk Kathleen Connelly stated they need to make the public understand that the council did not lust vote on this item. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 9 OF 11 /'1 Mayor Insalaco commented the council did not just vote on this . They were just commenting. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 10 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 18, 2012 . 3. Consideration of allowing the mayor to sign an amendment extending the current agreement between the City of Apache Junction and the Arizona Department of Economic Security (Contract number DE081140-001) for vending services at the city library. 4 . Consideration of approval of Resolution No. 12-38, adopting Commercial Rehabilitation Guidelines. 5. Consideration of approval of Resolution No. 12-39, adopting Housing Rehabilitation Program Guidelines. ACCEPTED THIS 5TH DAY OF FEBRUARY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF FEBRUARY, 2013 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 10 OF 11 r. 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 15th day of January, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 17th day of January, 2013 . KATHLEEN CONNELLY I' City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 2013 PAGE 11 OF 11 eN ROLL CALL VOTE NOTES: cor144/ 171 41/./3 ITEM # I ' v MEETIN OF 4, MOTION BYP SECONDED BY: wv YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER I VICE MAYOR DIETZ / COUNCILMEMBER WALDRON I COUNCILMEMBER SERDY COUNCILMEMBER WILSON i,./ / MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ! ems. CONSENT AGENDA ITEMS NO. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED ACIi �`• ••► AP ,u ..a:yn� city of Apache Junction Home of the Superstition Mountains 4 Izo' p Print TO: City Manager's Office FROM: Pat Brenner, Community Relations Manager DATE: February 5, 2013 Agenda Type Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM: PRESENTATION OF A CERTIFICATE OF APPRECIATION TO CHARLES HATFIELD IN RECOGNITION OF HIS VOLUNTEER SERVICE FOR THE CITY OF APACHE JUNCTION MULTIMEDIA AND BROADCAST EFFORT FROM SEPTEMBER 2006 TO NOVEMBER 2012. ACTION REQUESTED. DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES. ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available AP►.CH _ �" yr= 00 of Apache JunGJ./on Home of the Superstition Mountains PIZON p Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE• February 5, 2013 "Agenda Type Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM. MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: Imo, ATTACHMENTS: Click to download No Attachments Available J ._ '� 1� ty ACk G = City of Apache Junction z Home of•the Superstition Mountains '1 QIZON P. Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: February 5, 2013 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON CURRENT STATE LEGISLATION ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION• On Monday, January 14, the first regular session of Arizona's 51st Legislature convened Staff will update the city council on current legislative issues that impact the city FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available WIZ!! JL i•► .�. ys GO of Apache Junction Home of the Superstition Mountains Print TO: City Manager's Office FROM Jerald L. Monahan, Chief of Police DATE. February 5, 2013 ,agenda Type : Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE POLICE DEPARTMENT'S VOLUNTEER PROGRAM FOR 2011 AND 2012 ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Chief Jerald Monahan will provide an update on the volunteer program's contributions to our community. The presentation will include 2011 and 2012. FISCAL IMPACT: OPTIONS/ALTERNATIVES: ." "ECOMMENDATION. ATTACHMENTS: Click to download No Attachments Available olsk PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C. GARRETT VFW POST#7968 FOR SECOND ANNUAL HOGFEST ON FEBRUARY 23,2013 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. W° ity of Apache Junction C Home of the Superstition Mountains Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 5, 2013 ,Igenda Type : Regular Agenda Council Priority Focus Area• Required by Federal Law or State Statute TITLE OF AGENDA ITEM APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C GARRETT VFW POST#7968 FOR SECOND ANNUAL HOGFEST ON FEBRUARY 23, 2013 AT 2910 WEST APACHE TRAIL ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. This event is being held at Superstition Harley-Davidson, 2910 W Apache Trail The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES- ... RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ application ❑ applicant letter D department memo D planning recommendation ❑ police recommendation O fire district recommendation JANUARY 17, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE. R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR FEBRUARY 5, 2013 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C. GARRETT VFW POST#7968 An application for a special event liquor license has been submitted by Mr. Derek Tramondo of Lawrence C Garrett VFW Post #7968 for February 23, 2013 for the Second Annual Hogfest to be held at Superstition Harley-Davidson, 2910 W. Apache Trail, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25,00 per day for 1-10 day events only A service fee of$25 00 will be charged for all dishonored checks (A R S §44-6852) AIN NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING ' Application must be approved by local government before submission to DLLC SE chi Y Department of Liquor Licenses and Control (Section#20) i,t CENSE . Name of Organization VFW 7068 2 Non-Profit/I.R.S Tax Exempt Number 77— 25 f g trV 6 3 The organization is a (check one box only) ❑✓ Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) 0 Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4 What is the purpose of this event?El on-site consumption ❑off-site consumption (auction) ❑ both To provide fundhng&items needed for children&families of active service personnel in the military Ass+st with programs&services for Veterans of all wars 5 Location of the event 2910 W.Apache Trail Apache Junction Pinai 85120 Address of physical location(Not P 0 Box) City County Zip Applicant must be a member of the Qualifying organization and authorized by an Officer.Director or Chairperson of the Organization named in Question#1 (Signature required in section#18) 6 Applicant. 7ramrr4(' Derek 85 is 18 Last First Middle Date of Bi 7 Applicants Mailing Address. zso s Phelps Dr Apache Junct,on A7 85120 Stet Crty State Zip /� 8 Phone Numbers (4$11 ) Sat;0500 ( •8 ) 671 6239 ( ) Site Owner# Applicant's Business# Applicant's Home# 9 Date(s) & Hours of Event. (see A R S 4-244(15)and(17)for legal hours of service) Date Day of Week Hours from A M /P M To A.M 1P M Day 1. 2/23/13 Saturday 12 noon 9PM Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8 Day 9 Day 10 *Disabled indi.id outs requiring special accommodations.please call(602)542-9(127 September 2011 10 Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked? []YES ID NO (attach explanation if yes) 1 1. This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? YES D NO If yes, attach a copy of the agreement 13 List all people and organizations who will receive the proceeds Account for 100% of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name VFW 7966 30%% Persattage Address 250 S.Phelps Dr Apache Junction Az 85120 Name Action Entertainment Group LLC 70% Percentage Address PO Box 94501 Phx,Az 85070 (Attach addltiona'.sheet II necessary) 14 Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application,please contact the Arizona State Department of Liquor Licenses and Control for assistance NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES" 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) 2 # Police Fencing 2 #Secunty personnel []✓ Barriers Y r Nil Y_I,4 fm.,/a+4 1.SKura w Hart Garden lakr6a 7'IF NMf4 al* YnJ M1I need lc-In aye a Mribth r i&IQ nave yuJr eaga Yertimo before you car.PJn;.,a a 10,4.**fx,r GJnf,[Mir 16 Is there an existing liquor license at the location where the special event is being held? ❑ YES 0 NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? D YES ONO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17 Your licensed premises is that area in which you are authorized to sell, dispense, or serve spintuous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barncades or other control measures and secunty positions. ' : 5. ' — 1f •.r !1_ It f1 r 116 • _ ' RETAIL R TA! t .. U ice,,,,, - : . al a-_1 t P,ETAIL 1-.-1:::—*I''''... .w .. r Q . ' E a 3 f yt o ** t _ f- _ _RETAIL / • a j AlL , — — 0,: RETAIL as s 1 t +uaif e �� �' W illfi .. ,V, , pit $ ._' a 1- y on r, . } Ltd { . j? :- . 44aP' } Jf • A c '1 . THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18 I. rj\ Kte re R•1..t.)Soi t declare that I am an OfficerlDirector1Chairperson appointing the (Print full applicant listed ins 6,to apply on behalf of the foregoing organization for a Special Event Liquor License X 'I i . fry_ ,� - QUARIV it.tWSr& rj- ) - 1 -L Ka) )CO -(vet l r ' ' yisishr (Tdle&Posttion) (Date) (Phone#) - ``7, Notary Public••Arizona . 't,, Pinai County State . Aft 1404-0 County of 7)1 r.t 0 c T C July la, E*B r. The foregoing instrument was acknowledged before me this ^ July tt,lli1� p Year fl My Commission expires on 1 — j - J qC. r A` (Date) - -- ' (Signattue of N Y PUBLIC) THIS_ SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#6 19 I. ')t►4k` ►-- RA 1n , declare that I am the APPLICANT filing this application as (Print full name) Ijst`. in Question 6 I h- - ==_ _ - _pplication and the contents and all statements are true.correct and complete .r X / State of li k l III County of P,it'At_ ` The foregoing utstnxttent was acknowledged before me this fi• t'-� J P1Mi cou�tl} ':1� My coati • sbn Expiry- O \�tr' July le,2014 Year My commission expires on : -� c„..1s:I..e .\\/- (Date) (Signature of NOTARY PU C) You must obtain local government approval. City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 1 20 I._ hereby recommend this special event application (Government Officia) (Title) on behalf of (City Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date' APPROVED L] DISAPPROVED BY eTrtIe 1 (Date} elk PIN s. 12/22/12 Mr.Derek Tramondo 2013 Commander Lawrence Casey Garrett VFW 7968 250 S Phelps Dr. Apache Junction, Arizona 85120 Commander Tramondo, Thank you for taking the time to meet with us this week This is an official notice naming the Lawrence Casey Garrett VFW 7968 and its charities as the beneficiary of the 2"d Annual Arizona HogFest The event will take place at Superstition Harley Davidson in Apache Junction,Arizona on Saturday, February 23th, 2013 from 12 noon until 9 pm. Action Entertainment Group(AEG)agrees to produce and underwrite the entire event Lawrence Casey Garrett VFW 7968 will receive 30%of gross revenue of all liquor sales and AEG will coordinate all liquor logistics with a local beer distributor In addition,AEG will cover all"Beer Garden"expenses associated with the Arizona HogFest including but not limited to security,fencing/barrier and promotion of the 2"`i Annual Arizona HogFest. We look forward to partnering with you and fostering a long term&successful event relationship __ Best regards, PIS Director of Event Management Action Entertainment Group, LLC Action Entertainment Group,LLC(AEG) ; PO Box 5450(Phoenix,Arizona 85070 USA I±ww!wsktp z.com TEERIAJrvi.i'1T(_KUUP r ; 40. I44-I ' '' ,,'-,0,1 it C',,4',,,,',..,,, V,:',.''..'':',.,7..,4,.;.„'.*.,...,...:,„,,,',,,*.,,r,,,d),,,1.,',r"''-2,, 1 PICNIC TABLES STAGE : -.�.-, . Q}Mx'ev :--.---,..7.1:: 3dIT*, 4 1IE ''' Fa +D ' _ �r+�� p is . ...,,. r. _ Beet ; Gca' t'den .,,,..- I +� rpry, open T1✓ 1 1 ssi t -y . 1 j .. �1'+1 '1airfv ° ' i' r'6J' .ice '+w --� ,, .4 * ' it }--� , RETAIL t. �• y. - Y x, RETAIL ( VA *t\ ^ y�,> y 7T r it c ®( . r k c µt.,x5 i s• - ..-� # Aft, Alk 11111464,18 t 441eirifie4filielion Home o�the SuperstitionA?ounta nc oN January 2, 2013 Derek Tramondo Lawrence C Garrett VFW Post#7968 250 S Phelps Apache Junction. AZ 85120 Dear Mr Tramondo Please be advised that your application for a Special Event Liquor License for Lawrence C Garrett VFW Post #7968 for the Second Annual Arizona Hogfest to be held February 23, 2013, at Superstition Harley-Davidson, 2910 W Apache Trail. has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on February 5, 2013, at 7 00 p,m in the City Council Chambers, 300 E. Superstition Blvd . Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Anzona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application. if you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, Kathleen Connelly City Clerk •\o1LL (48O)982-80112 • FAX 1480►Qt42 7018•1 DD 1480)983-(i)95 • u�%��item net 3DU 1 Sulnrsnttnn Boute\ard Apachc luncoron AZ 85119 JANUARY 2, 2013 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON. DEPUTY CITY CLERK s.(tr-' SUBJECT. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C GARRET VFW POST#7968 Mr Derek Tramondo has submitted an application for a special event liquor license for the Second Annual Arizona Hogfest to be held on February 23, 2013, at Superstition Harley-Davidson, 2910 W. Apache Trail, Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, January 16, in order for this item to be placed on the agenda for the City Council meeting of February 5. 2013 014. Janet Mason From: Rudy Esquivias Sent: Wednesday,January 16,2013 4 49 PM To: Janet Mason Cc: Brad Steinke Subject: RE special event liquor license-Lawrence C Garrett VFW Attachments: AVG Certification txt Jan The Planning Division has no objections to this one-time special event at the Harley Davidson Store Our special event meeting revealed that the event is well planned and coordinated It appears that sufficient off site parking will be provided and police personnel will help with circulation and security issues cd equ vlr:.s Senior Planner/Zoning Administrator City of Apache :;unction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 Ooam to 6•00pm, closed Fridays and Holidays ) From:Janet Mason Sent:Thursday,January 03, 2013 8:32 AM To:Jeff Robinson; Rudy Esquivias Subject: special event liquor license - Lawrence C. Garrett VFW Ark Please have your department recommendation to me by Wednesday,January 16, Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85111 48C-474-5068 jmasonraajcity.net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other ti ��j,r Apache Junction Police Departmentir r c InterdepartmentalMem© 4 DATE January 3. 2013 TO Lt Jeff Robinson 1✓ I THROUGH FROM Sgt Glen Durkin SUBJECT VFW —Superstition Harley Davidson— Special Event Lt Robinson — I spoke with Sgt Cole of the Arizona Department of Liquor The license from the VFW can be used for nonprofit/chanty events at different locations The challenge I do foresee is the lack of security due to Harley Davidson having two driveways The application lists 2 police and 2 security personnel The rear parking/event area needs security personnel along both driveways I would suggest they need at least twice the listed personnel I see no challenges with the event location due to having indoor restrooms, trash pickup and exterior barriers The event location allows easy access for police and fire response Adak 40•11., r of icr 14, Apache Junction Police Department Memorandum wj • i•� DATE January 4, 2013 TO Janet Mason Chief Jerald Monahan `` THROUGH Captain Troy Mullender i FROM Lieutenant Jeff Robinson SUBJECT VFW- Superstition Harley Davidson special event Ms. Mason. On January 3, 2013 Sergeant Durkin confirmed that the location of the event would indeed be at the Superstition Harley Davidson location instead of their business at 250 South Phelps Sergeant Durkin then contacted Sergeant Cole of the Arizona Department of Liquor to ascertain if this was permissible Sergeant Cole advised that because it was a non-profit/charity event it was allowable by law Sergeant Durkin list concerns on behalf of the police department which I agree with These concerns should be addressed by the VFW but the Apache Junction Police Department has no objections to the location or event itself See Sergeant Durkin's attached memorandum, ell District q 4 Apache Junction Fire District �.F.�,t ,�R 565 North Idaho Road, Apache Junction, AZ 85219 �'�EnIsta`` Phone (480) 982-4440, Fax (480) 982-0183 4 ;o���{�O� threr....0 MEMORANDUM TO Jan Mason, Deputy City Clerk City of Apache Junction FROM John Suniga,Deputy Fire Marshal DATE January 15,2013 SUBJECT. Application for Extension of Premises—2910 W.Apache Trail, February 23,2013 The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2910 W Apache Trail, (Superstition Harley Davidson) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application 1 Oak Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN Application oak ROLL C L DOTE NOTES: 01k tkV,V. r; r ITEM # MEETING OF MOTION BY: *0\"\rvi SECONDED BY: c2A YES NO ABSTAINED COUNCILMEMBER WALDRON COUNC1LMEMBVAf% COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 01014, ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C GARRETT VFW POST#7968 FOR FEBRUARY 23, 2013, SUBMITTED BY DEREK TRAMONDO, BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING 1. For APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC 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. O� tpACktJGy� rtt,o • GO of Apache Junction z Nome of the Superstition Mountains Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 5, 2013 r Agenda Type : Regular Agenda Council Priority Focus Area• Required by Federal Law or State Statute TITLE OF AGENDA ITEM APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341 NORTH APACHE TRAIL. ACTION REQUESTED: No Recommendation DISCUSSION / BACKGROUND INFORMATION: This application is for a permanent extension of premises in order to serve liquor near a new bull riding arena proposed for the location The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION. ATTACHMENTS: Click to download U cover memo U application U applicant letter ❑ department memo U planning recommendation additional information U planning recommendation U police recommendation U fire district recommendation JANUARY 17, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JANET R. MASON. DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR FEBRUARY 5, 2013 APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC An application for an permanent extension of premises has been submitted by Mr. Mehmood Mohiuddin for Hitching Post LLC located at 2341 N Apache Trail in Apache Junction Correspondence has been received from Police Department, Fire District and Planning Division, a copy of which is attached Please note the correspondence from the Planning Division and the Police Department Senior Planner Rudy Esquivias stated there were some issues that need to be addressed regarding parking. Lieutenant Jeff Robinson is concerned with a variety of safety issues that he has identified and therefore recommends denial. The applicant has been advised of all of these issues A copy of the police department's recommendation was mailed to the applicant and Senior Planner Rudy Esquivias emailed his information to the applicant. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control KC/jrm ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th floor Phoenix AZ 85007-2934 Date payment received www.aziiquor.gov (602)542-5141 CSR Initials APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF UQUOR lia Permanent change of area of service A non-refundable$50 fee will apply. Specific purpose for change C)[''nti ji;U BULL..41 ;1'jt44 p-1, /Ai Temporary change for date(s)of _I I through- / / List specific purpose for change 1 Licensee's Name t—\G`1\lh \\1 �'`i�f_ `Cn i rJ r Last �\ First 1 Middle Q 2 Mailing Address Gt le\y1\ \C%1 i t� L`'r T` US l� \ ` State Zr: 3 Business Name \ C_l1\'1�n61 _�C�S� l_ C. LI ENSE# T 4 Business Address �j- \ !�t �c�\ i\ , (-_ \ \ L �)5\\Q City C NTY State 5 Business Phone (4S0 - C:()f'`) - S 3OG Residence Phone(LC — 2\-\.' —J)� 6 Do you understand Arizona Liquor Laws and Regulations" V: YES 0 NO Fax# (460, Ct j3 ";%Lc 7 Have you received approved Liquor Law Training?❑ NO g,YES If so,when does your Certificate expire? I I B What security precautions will be taken to prevent liquor violations in the extended area? )r-(L. :r y A4 refz—'.) jAr 9 Does this extension bring your premises within 300 feet of a church or school? EYES f NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOUX PROPOSE TO ADD El Barrier Exemption an exception to the requirement of barriers surrounding a patioloutdoor serving area may be requested Bamer exemptions are granted based on public safety, pedestnan traffic,and other factors unique to a licensed premises List specific reasons for exemption i Investigation Recommendation[—Approval [Disapproval by Date __/_I_ oink ""After completing sections 1-10, please take this application to your local Board of Supervisors.City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors, City Council or Designate �J I (Authorized Signature) ` (Title) (Agency) I. / ` l \_Q \'C� \ C)C)0 \ `" " ' \�C\dt{1 , being first duly sworn upon oath, hereby depose,swear and declare, (Print full name) under penalty of perjury, that m the APPLICANT making the foregoin application I have read this application and the contents and all statements are tru and complete ' State of tcA, L,Q(\;i. County of '@, t,C '''}tr X / j/ 1Y PRESENCE AND SWORN TO before mc�this dale ign of Owner or Agent) a0'rAFr PUBifG .1..... , STATE OF AR tZ�i 02 G\� y{er}ptlpt CAurdy p Month Year My commission expires on jZIUq `�" TINA M LOVE I. My 'rt"0460°1. ignature of NOTARY PUBLIC; Investigation Recommendation❑ Approval Disapproval by Date __,l____I— Director Signature required for Disapprovals Date I I 12/28/2012 *Disabled mditi ideals rcquirin special accommodation.please call the t)epartment(60:1 542-9O27 _y L L sT (__P tb 1 3 -- -_ / 1 ! -- r1,r1T I t .\ fir"jl 6 )2iT/C V rp( -T- 1 k / I _ \L4, 3 3 Ask Ask fir; e� W/el e u4�4/4 J? • 011k ' Horne of the Superstition Mountains a ,N. January 8, 2013 Mehmood Mohiuddin Hitching Post LLC 2341 N Apache Trail Apache Junction, AZ 85120 Dear Mr Mohiuddin Re Application for Permanent Extension of Premises/Patio Permit for Liquor Lcense Please be advised that your application for Extension of Premises/Patio Permit permanent change of area of service for the liquor license for Hitching Post LLC has been scheduled for a public hearing. The public heanng will be at the Apache Junction City Council regular meeting on February 5, 2013, at 7 00 p m , at the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Amok It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002 Sincerely, Kathleen Connelly City Clerk •\,nip (4*tit u 2 • I.AX i1$0)OK 7 0 I 8 • TDI)1401 983•O(►95 •utlu aiot% nrt 7NI t Superstiatn Fi.uIt.nrd, Apmhe Junction Al fill i4 enN JANUARY 8, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT ti THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC Mr Mehmood Mohiuddin submitted an application for a permanent extension of premises for Hitching Post LLC located at 2341 North Apache Trail, Apache Junction, Arizona Please conduct the necessary inspections and submit your recommendation by Wednesday, January 16, 2013, in order for this to be heard at the city council meeting of February 5, 2013 Kathy Connelly From: Rudy Esquiwas Sent Thursday,January 10,2013 6 15 PM To: Matt Busby;Joel Stern, Giao Pham;Emile Schmid Cc: Brad Steinke,Jeff Robinson,Dennis Dixon;Sam Jarjice; Kathy Connelly; Bryant Powell, Mehmood and Zee(dashin@mchsi.com) Subject: FW Follow-up on mtg w/Dash In-Hitching Post folks Attachments: HITCHING POST RODEO ARENA pdf,AVG Certification txt Gentlemen Please see the attached updated site plan received from the Hitching Post folks today Mehmood and I already talked about some items/modifications that would be needed or added to the plan, including - Keep and maintain the existing planters at the west corner of the property,as well as at the corner of Lost Dutchman and Hwy 88; Add a new pedestrian access gate at the easternmost corner area of the Dash In building,to move people in and out from the back of the Hitching Post to the arena area, The asphalt where the arena is proposed to go will be saw cut and removed,and a dirt arena mixture brought in, - Portable lights will probably be set up at the corners of the arena, - The parking areas on the northwesterly side of the buildings will be redesigned for maximum vehicle accommodation, The dumpster will probably be relocated to the southwesterly side of the Hitching Post building Other items currently or previously discussed relative to the proposal Gasoline sales will be discontinued and the existing pump island canopy,all the gas pumps and the propane tank will be removed from the property, The bulls are proposed to be unloaded and loaded via a gate at the northeast corner of the property,off of Lost Dutchman,and internal fencing will separate the bulls from the people, Mehmood has spoken to ADOT and he says their only concern is that all improvements be kept within his property lines, Mehmood has spoken to ADEQ and their requirement is that the existing underground gas storage tanks need to be siphoned and completely filled with sand, Mehmood has started the process to request an extension of premises of his liquor license to include the arena area,as well as amend his business license for this additional activity, - Mehmood needs to continue to allow for access to his relocated dumpster and the restaurant's grease-trap within his own property lines, The shared parking agreement with the property owner next door will probably need to be made more formal and a contingency plan prepared should the Hitching Post lose the right to use that area These are just my preliminary,first review observations of the proposed site plan There may be more comments forthcoming Matt,Joel,Giao and Emile,please take a look at the plan and be prepared to discuss any additional concerns you may have with Mehmood at our meeting on Monday The rest of the folks copied on this memo, please feel free to provide comments as well Thanks ya'lli G e&guivica Senior Planner/Zoning Administrator 1 City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquiv_as@oJcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours. Monday through Thursday from 7 00am to 6 00pm, closed Fridays and Holidays ) From: Dashin[mailto.dashlnCamchsi.comJ Sent: Thursday, January 10, 2013 4:05 PM To: 'Dashin'; Rudy Esquivias Cc: Matt Busby, Elan Vallender, Brad Steinke, tmloveladyCamsn.com Subject: RE: Follow-up on mtg w/Dash In - Hitching Post folks Rudy as per conversation this morning here is attach documents please check and confirm Please let me know when you we have the meeting with Mr Joel Thanks and regards Mehmood { F ` 1 YY W..„.I I LI'. A {'a't MLY r/ALL XYEESEU M.VNI1i 1FM WM/3L.1 Y aXkw.ll E-Mh i. vti h [,1,7/1L a / wr tun—` // } v }Yhi� �QW TiYIIi(}AYENA /' a Y� WIIII�SM.I.F[!{I K..c,.1Y.1 A.l Jam. OW 11w11 ` r/+ 'U. 4 / ,...t{ / r}.4A6 `7I .� 0. co • y Y i i C /v .A>N 11 h LOT 197EPI W.Mi AC7E/lr.`_=r yq llr. 4' / Z0.1746,( .LAK 1rS.LL iUC1AI41/ ^' --' 940•hY WNOLi4L. Mt/IMI.L, i /• 1:1E dF.M MAL SIIN[LAk1YlALtlAfif .. �1%M1SpAN' /NEM. -- -- 1 I C 1Yt r1 `` J a c4l1,1 •w .i \` -L.vsrwu lYUPr PAtlti f */1 q 4 - - — Y.AO/IMl14IlWv.'11.,, OQ i • ,urALwAla.Y... g e .I'n W11.141: _ . LLF1.W 1.t..1 AWL L4WJLL4u. V 4a 1 \ '� fifth..[X)1 P111LYA1Y1%wl.IAA ASI, I 31"YAY4N1.A511HIAfl YAM, Z 1}t •.� '0AM.,II All rASK1 / O = n Alf.,..:,w1[. At mLLONNIru COMM..L.L N. wr ` SITE PLAN Qk ; _ UwMt1-at*WILl1IlA 1 M,.AJ.411 N. /, LW:.At4IM:•■SOII.h.r r..al/ Nj C Amok Janet Mason From: Rudy Esquivias Sent Wednesday,January 16,2013 5 42 PM To: Janet Mason Cc• Brad Steinke,Joel Stern Subject: RE permanent extension of premises for Hitching Post LLC Attachments: AVG Certification txt Jan The Dash In/Hitching Post property is zoned CB-2 (General Business Zone) Among the uses permitted outright in the CB-2 zoning district is"Amusement or recreational enterprise(outdoor) " It is the applicants' desire to offer an outdoor bull-riding entertainment venue on the northerly side of the Dash In building(gas canopy and pumps to be removed)on the weekends, between the hours of 8 and 10 pm Patrons would exit the back of the restaurant, be allowed to take their liquor back and forth with them to the arena to enjoy the events,and all would be contained within a fenced area The applicants are modeling their idea on the Buffalo Chip Saloon in Cave Creek Planning Staff believes that the CB 2 zone does allow the type of activity proposed on the property,however we have some land use concerns Staff has been working for the last several weeks with the applicants and other key City personnel to develop a site plan which properly addresses issues relevant to this activity The main land use issue appears to be adequate parking Council may recall that a Development Agreement was approved between the City and the owners a few years back which allowed for certain items, including that a minimum of 38 on-site parking spaces be provided Because of the amount of space which is required by the arena,the spectator area, and the livestock delivery area, the proposed new site plan shows only 20 proposed on-site parking spaces The property owners have a written agreement with the property owner to the south to accommodate additional off-site parking,which seems to suffice for the convenience store and the restaurant The concern is that if that agreement dissolves, the applicants will need to accommodate parking elsewhere Staff has suggested to the applicants that they plan for that contingency now and we have also asked for a parking diagram of the existing off-site parking area The Planning Division recommends that any approval for an extension of premises and/or a revised development agreement include a provision that bull-riding events be discontinued should the lease for off-site parking expire or be discontinued, until such time as the property owners secure a new agreement for off-site parking elsewhere d (3 ufvtae Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 OOam to 6.00pm, closed Fridays and Holidays ) From: Janet Mason Sent: Wednesday, January 09, 2013 8.48 AM IVIATirt Apache Junction Police Department y, , Memorandum �` { DATE January 10, 2013 TO Janet Mason l Chief Jerald Monah Deputy Chief Tom Kelly THROUGH Captain Troy Mullender FROM Lieutenant Jeff Robmsorr SUBJECT Dash In Extension of Premises Ms Mason, I have reviewed the application and diagram supplied by Mr Mohiuddin and did a physical inspection of the proposed sight in question Through that I have found the current parking for the newly established rodeo area is not on the diagram I understand that a verbal agreement with a neighboring business is a possibility but this is of a further concern If the verbal agreement is suddenly halted the current area of Dash In would not suffice to accommodate parking for this type of event Secondly this type of an activity (Bull Riding) will undoubtedly draw dnver's attention away from the roadway to watch the rodeo in progress The speed limit on Highway 88 is 50 miles an hour with one lane north and south, no paved shoulder and heavily traveled with traffic to and from the lake Thirdly the entrance into the Dash in has no paved slowing lane for traffic exiting Highway 88 This will slow traffic that is expecting to travel at a speed of 50 miles an hour Trucks pulling horse and cow trailers will slow to a much slower speed than that of a passenger car Last is the size and construction of the arena itself When I have attended rodeos in the past cowboys or professional clowns are present to capture a bull in the event it gets out of the enclosure If a bull got out of the arena area it would immediately become an emergency traffic concern for the bull and passenger cars traveling at speeds that could exceed 50 miles an hour Due to the limited parking area of Dash In, the traffic speed of Highway 88 without a paved slowing lane and the potential of injury to animals and commuters due to the proximity of the arena and Highway 88 it is the recommendation of the police department that this extension of premises be denied due to a variety of public safety issues identified and more District A J Upc �„61i1` Anzo�r"Oj Oo �11-1P z Apache junction Fire District `o i68jp SIRE.Era ! 565 North Idaho Road, Apache Junction, AZ 85219 se\ keltisIO Phone (480) 982-4440, Fax (480) 982-0183 nrernoties MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction FROM: John Suniga,Deputy Fire Marshal DATE January 15,2013 SUBJECT Application for Permanent Extension of Premises—2341 N. Apache Trail The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2341 N. Apache Trail, (Hitching Post) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You. JOS ATTN Application / ROLL CALL VOTE `0k )\ jii / . 12\ . , NOTES: iie ),,,,4 otiv risk. -'1r h ,..... i ,„ _. ' , \ ,,, y .A\ N\)" Yvv- ,iisity ITEM # MEETING OF )-/I4I Air, MOTION BY SECONDED BY: Y NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ 606Nt Lti-E4(ER•EVA S COUNCILMEMBER WILSON COUNCILMEMBER WALDRON COUNCILMEMBER BARKER (// MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ANNik Ain ITEM NO. 8 For approval: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR(APPROVAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. For approval subject to approval of development agreement: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL, SUBJECT TO APPROVAL OF A DEVELOPMENT AGREEMENT FOR THE HITCHING POST. For denial: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDEN, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON (A) THE CONCERNS ABOUT PARKING AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 16, 2013, (B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 10, 2013, AND (C) THE DIAGRAM ATTACHED TO THE APPLICATION IS VAGUE AND LACKS SPECIFIC MEASUREMENTS SHOWING THE DISTANCES INVOLVED IN THE EXTENSION Cif of Apache Junction Home of the Superstition Mountains q. zotw Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: February 5, 2013 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM PROPOSED SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION• On February 18, 2009, the city entered into an economic development agreement with Mehmood Mohiuddin, which included provisions for a restaurant to be constructed next to the existing convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88. The parties first amended the development agreement on May 8, 2009 related to occupancy certification due to landscaping and parking barricade requirements Mehmood Mohiuddin, owner of Dash In Mini Mart and Hitching Post Restaurant, has requested a second amendment to the agreement in order to expand the development to include a bull riding arena and related facilities on the property FISCAL IMPACT: Budgetary Approval Not Required .•r JPTIONS/ALTERNATIVES: RECOMMENDATION. ATTACHMENTS. Click to download D Cover Memo ❑ Agreement D Amended Agreement D Amendment 2 Pp pC HFW OF 2 ' ' : ,z1 cityoff Apache Junction Development Services Department January 28, 2013 Memo to: Honorable Mayor and City Council Members Through George Hoffman, City Manager Brad Steinke, Development Services Director From. Rudy Esquivias, Senior Planner/Zoning Administrator Subject New Business Discussion Item, February 5, 2013 Proposed Second Amendment to Development Agreement Between City and Dash In/Hitching Post (Bull-riding Venue) Background. The owners of the Dash In/Hitching Post businesses, at the southeast corner of E Lost Dutchman Boulevard and N Apache Trail (S.R. 88) , have requested approval of an extension of premises of their liquor license to accommodate an outdoor bull riding arena on their property Since the property is currently subject to a development agreement and specific site plan, the requested bull riding arena requires a development agreement amendment The attached development agreement amendment is therefore presented for Council review and consideration This amendment provides, among other things, that the bull riding activity area be located and designed in 1 accordance with the updated site plan (see Exhibit "A") , and that the necessary overflow parking to accommodate the expanded use be allowed off-site on properties located directly to the south and across the filiN street to the north at the Elks Club (see Exhibits "B" and "C") The 1 draft amendment further requires that the expanded outdoor activity cease if both of these off-site parking areas are discontinued by their respective owners Attached - Second Amendment to Econ Dev Agmt (Draft) - Exhibit "A" Site Plan - Exhibit "B" Off-site Parking Agreement with South neighbor - Exhibit "C" Off-site Parking Agreement with north neighbor - Original Development Agreement - First Amendment to Development Agreement APACHE JUNCTION ELKS LODGE 2349 c CiI / 2455 North Apache Trail k,.; Apache Junction AZ 85119, o Phone• 480-982-2349 � K C?, Email. elks2349@gwestoffice.net Janaury 24, 2013 To: Whom It May Concern The Apache Junction Elks Lodge 2349 has agreed to lease to the Hitchin' Post Pi7.7a Pub and Dash-In our lower parking lot for overflow parking If you have any questions or concerns,please call me directly. My number is (480)748-6472. Sincerely, APAC JUNCTION ELKS I 'GE 2349 0 `'a By. Gregory Gille, Trustee LEASE AGREEMENT 1. Principals Lessor:Zion International Dba Park N Save Storage 2304 N Cortez Apache Junction,AZ 85119 Lessee : Hitching Post Pizza Pub Dash-In Gas and Mint-Mart Apache Junction,AZ 85119 2. Purpose:To provide overflow parking for the lessee indicated above. 3. Location :The vacant lot directly West of the Park N Save storage lot. East adjacent to Highway#88 and directly South adjacent to the Hitching Post Pub and Dash-in Mini Mart property. Legal Description APN 100 25 003. 4. Lease Fee :The lessee will pay$ 250.00 per month beginning 06/01J2012 to the lessor indicated above to continue until a price change is negotiated and agreed to by both principals. 5. Responsibilities:With this agreement the Lessees will assume responsibility for: a. vehicle and equipment damage caused by or between parking lot users occurring within the leased boundaries. b. personal or livestock injuries inflicted by or between parking lot users occurring within the leased boundaries. C. dust control and other city code compliance issues attributed to parking lot users occurring within the leased boundaries. 6. With the representative signatures of&Nzed below all principals acknowledge that they have reads understand and will abi e by the stipulations of this document. ,• Signatures : Lessee date_ Lessor IoY /o date /2 / / CC Bob Mays/City of Apache Junction/Code Compliance Officer 480 474 5085 (17 M�9 cicIAN OFFICIAL RECORDS OF 1E4575 PINAL COUNTY RECORDER When recorded return to: LAURA DEAN-LYTLE Richard Joel Stern, Esq. DATE/TIME: 05/12/09 1611 Apache Junction City Attorney FEE: $11.00 300 East Superstition Blvd. PAGES: 4 Apache Junction, AZ 85219 FEE NUMBER: 2009-047880 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN This Amended Agreement Is entered into as of ef , 2009, by and between CITY OF APACHE JUNCTION, an Arizona unicipal corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart (hereinafter the "Developer") (both collectively referred to herein as the "Parties"). RECITALS WHEREAS, the City and Developer entered into an Economic Development Agreement on February 18, 2009; and WHEREAS, since such time, Developer has experienced difficult and challenging financing obstacles that prohibit completion of the landscaping features and the driveway delineations pursuant to Section 3(B) of the Agreement; and WHEREAS, on April 7, 2009, Developer visited staff and also spoke at the Call to the Public portion of the Regular Council Meeting requesting: 1) a suspension of the landscaping requirements; and 2) issuance of a Temporary Certificate of Occupancy not being contingent on completing the landscaping so that the business can start making money to pay for the landscaping features; and WHEREAS, on April 21, 2009, the Mayor and City Council granted Developer's request to allow Developer a Temporary Certificate of Occupancy without first completing the landscaping, permanent parking delineations and barricade placements, and moved to suspend this requirement until 45 days after the issuance of the Temporary Certificate of Occupancy; and WHEREAS, the Mayor and City Council desires to enhance Developer's success in his new restaurant business and is willing to accommodate his request by modifying Section 3(B) of the Agreement under the terms and conditions of this Amendment. AMENDMENT NOW, WHEREFORE, the parties agree to the amendments set forth below: A) Section 3(B) of the Agreement executed on February 18, 2009 shall be replaced with the following provision: 3. Developer's Obligations: Developer agrees to each of the following obligations: B) Compliance with Site Plan/Issuance of Temporary and Final Certificate of Occupancy. Developer shall build the Project and improve the Property in accordance with the Site Plan set forth in Exhibit B and Building Plans set forth in Exhibit C, to include all depicted landscaping, parking stalls (shown with a 10% administrative reduction), building improvements and delineated driveway entrances. All improvements to the Property depicted in Exhibit C shall be completed before a Temporary Certificate of Occupancy is granted for the Project. All items in Exhibit B shall be completed except for the landscaping and permanent parking delineations and barricades, which shall be completed within forty-five (45) calendar days from the date a Temporary Certificate of Occupancy is issued. Within ten (10) calendar days after the date the Temporary Certificate of Occupancy is issued, Developer shall have completed temporary striping for parking stalls. The Building Official will issue a Temporary Certificate of Occupancy only if Developer has requested a final inspection and has demonstrated to the Building Official's satisfaction that all code requirements are complete. The Building Official will only issue a Temporary Certificate of Occupancy if: 1) the restaurant contains all of the required fire protection systems and means of ingress and egress; 2) all Americans with Disabilities Act ("ADA") structures or facilities are complete; 3) all electrical, mechanical, and plumbing systems are complete; and 4) Developer provides proof from both Pinal County Health Department and Apache Junction Fire Department of their approval for a Temporary Certificate of Occupancy. The Temporary Certificate of Occupancy shall include reference to compliance with Section 309.4 of the Uniform Administrative Code as amended by the City, which the Property Owner/Developer shall comply with. If Developer does not complete the permanent parking delineations and barricades placements and landscaping requirements by 5:00 p.m. on the 45th day after the Temporary Certificate of Occupancy is 2 issued, the electrical power to the restaurant will be de-energized at the request of the Building Official, the employees will be ordered to vacate the premises, and Developer shall secure the building from customers. Upon completion of all of the noted requirements, Developer shall contact the Building Official to schedule a final inspection for a Certificate of Occupancy. While the depicted landscaping illustrated in Exhibit B generally complies with or exceeds the zoning standard for required number of plants, the plan does not comply with the zoning standards regarding landscape buffer setback or installation of a perimeter masonry wall. Accordingly, the development agreement serves to waive these non- complying landscape elements. B) AU other terms and provisions of the Agreement executed by the parties on February 18, 2009 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first written above. • DEVELOPER: By: Mehmood iu in Its: Property O r CITY OF APACHE JUNCTION, an Arizona municipal corporation: B ohn S. Insalaco I . Mayor ATTEST: Kathleen Connelly, City Clerk 3 APPROVED AS TO FORM: 45. 11 '0C) Richard J. Stern, City Attorney STATE OF ARIZONA ) ss. County of r ) The foregoing was acknowledged before me this n' . day of , 2009, by Mehmood Mohiuddin as owner of and on behalf of Dash I Gas & Mini Mart. NOTARY PUBLIC STATE OF ARIZONA ; Pinal County No ry Publi • _---•mmiNsti?R: My Commission Exoi•es November 15 2011 (seal) STATE OF ARIZONA ) ss. COUNTY OF I I vv,( The foregoing was acknowledged before me this Q6"+1-, day of , 2009, by John S. Insalaco, the mayor of City of Apache Junction,(Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Pu is My Commission Expires: -� 1-)Zo I) (seal) -•-.,_.,._ -J,r PUBLIC c_ATE vF ARIZONA 4 � '. ,;;- i County SUifIniiNE ER i January St 201 My Commission_.r�=+n`� r � PIN .OFFICIAL RECORDS OF 18 75 COUNTY RECORDER When recorded return to: LAURA DEAN-LYTLE Richard Joel Stern, Esq. DATE/TIME: 02/24/09 1423 Apache Junction City Attorney FEE: $16.23 `\o 300 East Superstition Blvd.0 PAGES: 16 Apache Junction, AZ 85219 50 FEE NUMBER: 2009-018381 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN This Economic Development Agreement is entered into as of , 2009, by and between CITY OF APACHE JUNCTION, an Arizona i��pal corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart (hereinafter the "Developer") (both collectively referred to herein as the"Parties"). RECITALS 1. Developer owns 0.67 acres of land, Pinal County Assessor Parcel Nos. 100-25-04205 and 100-25-04304, located at 2341 N. Apache Trail, Apache Junction, AZ (the "Property"), and more fully described and depicted in Exhibit A. 2. Developer desires to renovate a portion of the Property (Pinal County Assessor Parcel No. 100-25-04304) zoned Local Business ("CB-2") and convert the warehouse and storage use to a 2,800 square foot pizza restaurant and pub to be named the "Hitching Post" (the "Project"). 3. In December 2008, Developer contacted the City's Development - Services Department to inquire about the feasibility of the Project. 4. On January 8, 2009, Developer met with City staff at a Preliminary Design Review meeting, at which time Developer was informed the City-imposed development fees for the Project would be $52,948.00. 5. On January 12, 2009, Developer's representative requested a waiver of these fees, and on January 12, 2009, the Development Fee Administrator denied the request 6. On January 12, 2009, Developer appealed the Development Fee Administrator's decision and requested a hearing before the Mayor and City Council, as allowable under Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees, § 7-1-1(M). 7. At a Public Hearing on January 20, 2009, the Mayor and City Council directed staff to negotiate a development agreement with Developer since there was a general feeling City's commercial development fees for renovations of different uses within the same zoning category are generally too high compared to other municipalities and in view of the current recession. 8. City and Developer are also desirous of addressing public safety concerns relating to traffic movements entering and exiting Developer's property from adjacent arterials. 9. Arizona Revised Statutes Annotated (hereinafter "A.R.S.") § 9-500.05 authorizes City to enter into a development agreement with a landowner or any other person having an interest in real property located within City to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Accuracy of the Recitals: The Parties hereby acknowledge the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. Term: This Agreement shall commence on the date it is recorded with the Pinal County Recorder's Office (the "Effective Date") and continue in perpetuity, or until all obligations have been fully performed, whichever date is sooner. Notwithstanding the foregoing, Developer's obligation to indemnify, defend and hold City harmless shall survive the expiration or earlier termination of this Agreement. 3. Developer's Obligations: Developer agrees to each of the following obligations: A) Development Fees. At the time of issuance of the building permit, Developer shall pay City the Police and General Government Development Fees for the Project in the amount of Six Thousand Four Hundred Sixty Dollars and Zero Cents ($6,460.00). B) Compliance with Site Plan. Developer shall build the Project and improve the Property in accordance with the Site Plan set forth in Exhibit B and Building Plans as set forth in Exhibit C, to include all depicted landscaping, parking stalls (shown with a 10% administrative reduction), building improvements and delineated driveway entrances. 2 These improvements to the Property shall be completed before a Certificate of Occupancy is granted for the Project. While the depicted landscaping illustrated in Exhibit B generally complies with or exceeds the zoning standard for required number of plants, the plan does not comply with the zoning standards regarding landscape buffer setback or installation of a perimeter masonry wall. Accordingly, the development agreement serves to waive these non- complying landscape elements. C) Registered Architect/Engineer Stamped Plans. Pursuant to A.R.S. § 32-144(A)(4), the construction plans shall be stamped by a registered architect or engineer and all drawings shall meet all applicable construction codes prior to the issuance of a building permit. D) Fire Sprinklers. If required under Applicable Laws described in subsection (F) below, or by the Fire Marshal or Building Official, Developer shall install interior fire sprinklers. E) Business and Privilege Tax License. Developer represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Developer understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Developer agrees to obtain a business license pursuant to Article 8-5 of the Apache Junction City Code, obtain any transaction privilege tax pursuant to Apache Junction Tax Code Article 8A, keep such licenses current during the term of this Agreement, and pay all tax arrears currently owed to City. Any activity by contractors and subcontractors within the corporate city limits will invoke the same business tax regulations on said contractors and subcontractors, and Developer ensures its contractors and subcontractors will obtain any required business and transaction privilege tax licenses. F) Applicable Laws. For the purposes of this Agreement, the term "Applicable Laws" means the federal, state, county and local laws (statutory and common law) ordinances, rules, regulations, permit requirements, and other requirements and official policies of the City which apply to the development of the Property as of the Execution Date. G) On-Site Waste Disposal System/Septic System. Developer shall comply with the Applicable Laws in regard to the on-site waste disposal systems/septic system. Developer shall also provide proof to City of County approval of the on-site waste disposal system/septic system prior to the issuance of a building permit. 3 H) Shared Parking/Cross Access Easements. Developer shall record in the Pinal County Recorder's Office a cross access/parking easement in perpetuity and provide proof thereof to City no later than the date the Certificate of Occupancy is issued. I) Dumpster Screening. Notwithstanding subsection (B) above, the sides and rear of the garbage dumpster storage area located on Pinal County Assessor Parcel No. 100-25-04205 shall be screened no later than one(1)year after the date the Certificate of Occupancy is issued. 4. City's Obligations: City agrees to each of the following obligations: A) Road Development Fees. City shall exempt any required Road Development Fees for the Project. B) Certificate of Occupancy. City shall issue a Certificate of Occupancy provided that Developer has met the obligations as noted above in Section 3, subject to the time constraints listed above. C) Building Plan Review. City shall review and provide all redline changes to and approvals of the submitted plans in a timely fashion. 5. Developer's Representations: Developer represents that Developer's representations are true in all material respects as of the date of this Agreement. The transactions contemplated by this Agreement, the execution of this Agreement and Developer's performance hereunder have been duly authorized by all requisite action of Developer or its agents and no other approval or consent is required for this Agreement to be binding upon Developer. As of the date of this Agreement, Developer knows of no litigation, proceeding or investigation pending or threatened against or affecting Developer, which could have a material adverse affect on Developer's performance under this Agreement that has not otherwise been disclosed in writing to City. 6. City Representations: City acknowledges that Developer is expending a sum to renovate the structures located on the Property in reliance of this Agreement. City further represents the Property is located within the municipal limits of City, and City is a duly organized, validly existing municipal corporation in the State of Arizona, and the individuals executing this Agreement have all. necessary authority to enter into this Agreement and to bind City. 7. Notices and Filings: (a) Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered 4 personally or sent by express or overnight mail or by registered or certified first class United States Mail, postage prepaid, as follows: If to City, to: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85219 And to: City Attorney 300 E. Superstition Blvd. Apache Junction, Arizona 85219 If to Developer,to: Mehmood Mohiuddin c/o Dash In & Mini Mart 2345 N. Apache Trail Apache Junction, Arizona 85219 The Parties may from time to time designate in writing and deliver in a like manner any other such address which they deem necessary without modifying this Agreement 8. Delivered Status: Notices, filings, consents, approvals and communication given by mail shall be deemed delivered upon receipt or refusal. 9. General Provisions: (a) Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no wavier by City or Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. (b) Attorney Fees. In any quasi-judicial, judicial, or administrative proceedings or any other action in any court of competent jurisdiction, brought by either party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action or declaratory or equitable relief, each party shall bear their own attorney fees and all costs, expenses and disbursements in connection with such action, unless such action is determined by a court to be brought in bad faith, in such case the court may order attorney fees and costs accordingly. (c) Indemnification. Developer shall defend, indemnify and hold harmless City, its agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Developer, their agents, employees, invitees, guests, or patrons in the performance of this Agreement or from any accident or 5 other event occurring on the Property post-construction. Developer's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Developer's acts, errors, mistakes, omissions, work or services. (d) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signature of all parties may be physically attached to a single document. (e) Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (f) Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. (g) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time,to carry out the matters contemplated by this Agreement. (h) Time of the Essence and Successors/Assignment and Transfer. (i) Time is of the essence in this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof. (ii) Neither party may assign any of its rights or obligations hereunder, except as mutually agreed upon in writing by Developer and City. (i) No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership,joint venture or other similar arrangement between Developer and City. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. (j) Assignments/Transfers. The Parties' rights and obligations under this Agreement shall be non-assignable and non-transferable, without the 6 prior express written consent of the other party, which consent may be given or withheld in reasonable discretion. (k) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. (I) Amendment. No change or additions to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded, at City's expense, in the Official Records of Pinal County, Arizona. (m) Recordation and Effective Date. No later than ten (10) calendar days after this Agreement has been executed by City and Developer, it shall be recorded in its entirety, by City at City's expense in the Official Records of Pinal County, Arizona. This Agreement shall become effective and shall be binding upon and enforceable by all parties hereto, their successors and assignees, immediately upon recordation in the office of the Pinal County Recorder. (n) Unexcused Delays (Force Majeure). Neither City nor Developer shall be in default under this Agreement in the event of enforced delay due to causes: (a) beyond its control and without fault or negligence, including but not limited to acts of God, acts of the Federal or State government, acts of the other party, acts of third parties, of terrorists or insurgents or other public enemies, litigation concerning the validity or enforceability of this Agreement or relating to transactions contemplated, including the effect of petitions for referendum, or initiative, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, unusually severe weather or the delays of subcontractors or materialmen due to such causes; (b) bankruptcy, insolvency or similar action, or any foreclosure or other exercise of remedies of any lender; and (c) without limiting the foregoing, any action or inaction of City, its officers, agents, departments, committees, Council, Boardmembers, Commissioners, which delays, directly or indirectly, Developer's ability to comply with any construction schedule. In the event of the occurrences of any such enforced delay, the time or times for performance of the obligations of the party claiming delay shall be extended for a period of the enforced delay; provided that the party seeking the benefit of the provisions of this section shall within ten (10) calendar days after such party knows of such enforced delay, first notify the other party of the specific delay in writing and claim the right to an extension for the period of the enforced delay; provided however that either parry's failure to notify the other of an event constituting an enforced delay shall not alter, detract from or negate its character as an enforced delay was not known or reasonably discovered by such party. 7 (o) Governing Law and Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or jury trial. (p) Severability. Every provision of this agreement is, and will be construed to be, a separate and independent covenant. If any provision of this agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability, and each provision of this agreement will be valid and will be enforced to the extent permitted by the law, and the parties will negotiate in good faith for such amendments of this agreement which may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. (q) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated herein by reference, the parties understand and agree that this Agreement is subject to cancellation by City or its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of City, or its departments or agency, is at any time, while the Agreement or any extension or modification thereof, is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. (r) Proposition 207 Waiver. Developer agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of Developer, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Properties from Developer. Developer, on behalf of it and its successors and assigns, intends to encumber the Properties with the following agreements and waivers. Developer agrees and consents to all the conditions imposed by this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Developer may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12- 1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Properties consistent with this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Developer acknowledges and agrees to the terms and 8 conditions set forth in this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Properties to equal or exceed the fair market value of the Properties in the absence of this Agreement, the Zoning the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and such "land use laws." IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date and year first above written. DEVELOPER: By: Mehmood • iu••in Its: Property 0 er CITY OF APACHE JUNCTION, an Arizona municipal corporation: John S. Insa aco Its: Mayor ATTEST: Kathleen Connelly, City CI APPROVED AS TO FORM: 26 .09 Richard J. Stern, City Attorney 9 STATE OF ARIZONA ) �n ) ss. County of CI ) The foregoing was acknowledged before me this �h day of �-�rut ci r U11 , 2009, by Mehmood Mohiuddin as owner of and on behalf of Dash In Gas &Mini Mart. Notary Publid My Commission Expires: a.� eyb-a_ 3 I ��I (seal) E o=ARIZONA 4-4,. . :) Pr-al County R` KIMBERLY A HEISER r, ter. _q 31 2011 STATE OF ARIZONA ) ) ss. COUNTY OF Pi�a� ) The foregoing was acknowledged before me this f O° day of , 2009, by John S. Insalaco, the mayor of City of Apache Junction, A r'zona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. ,-///e �otary PuIrc My Commission Expires: (seal) • I0OTARY PUBLIC STATE OF ARIZONA Maricopu County JANE" R MASON My Commission Expires 08/31/12 10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (SUPERSTITION MOUNTAIN ESTATES) E LUST DUTCHMAN BLVD .6 50' LICO 1221/27i • I -4b' 0 P' .22 165.16' 165.16' 16510' 165.21' 16556' 165.16' 165.11' 2 42 e @F �P oa 06 ; 40� 4E 1 1 9 3 4 5 6 �` ' 16516' 165.16' 164.60 165.51 7 8 ® ��j� E. HIDALGO ST ;65.16' 164.B0' 39 1 l 1 I,20§5.60 165.16' LI6' 164.74' n 660.71'1 � I ¢ O �q2 ® II N> 9D lE • 4A 9 10 11 12 z I ® z55• 115.99' 165.16 165,16 164.39' 660[73' E. WINDSONG ST L_ PARCEL A (PCAP NO. 100-25-04205): That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, herein described: BEGINNING at the North quarter corner of Section 15; Thence South 89 degrees 53 minutes 50 seconds West along the North line of the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40 feet to the Southeast right of way line of Apache Trail; Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right of way line of Apache Trail, a distance of 50.74 feet to the South right of way line of Lost Dutchman Boulevard and the TRUE POINT OF BEGINNING; Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of 117.21 feet; Thence South 50 degrees 25 minutes 8 seconds East a distance of 153.51 feet; Thence North 38 degrees 44 minutes 35 seconds East a distance of 225.37 feet; Thence South 89 degrees 53 minutes 50 seconds West, a distance of 172.00 feet to the TRUE POINT OF BEGINNING; PARCEL B (PCAP NO. 100-25-04304): That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County,Arizona, herein described: BEGINNING at the North quarter corner of Section 15; Thence South 89 degrees 53 minutes 50 seconds West along the North line of the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40 feet to the Southeast right of way line of Apache Trail; Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right of way line of Apache Trail, a distance of 167.95 feet to the TRUE POINT OF BEGINNING; Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of 78.06 feet; Thence South 49 degrees 40 minutes 25 seconds East a distance of 170.00 feet; Thence North 38 degrees 44 minutes 35 seconds East a distance of 82.12 feet; Thence North 50 degrees 25 minutes 8 seconds West, a distance of 155.51 feet to the TRUE POINT OF BEGINNING; EXHIBIT B SITE PLAN Original can be viewed at: City of Apache Junction Development Services Office 300 E. Superstition Blvd. Apache Junction, AZ 85219 / / / / V � / i I q ; : igi i 1 © / I G Ow 1 I!. I I I I� I I I I � 1 1 1 1 :JI i II - .'- 4.i Igr i I . it I .�—+ 4 j • • . * 1 ..-e .7.• .• ii I 1 It it I 'A iMPIP ill L: =I rp; i i ,s II iii 1 r-dv9 hof il 1 i r-r d 1 1 iFETCHING POST ►®P IiP i>9 I ■ !. EXHIBIT C BUILDING PLANS Original can be viewed at: City of Apache Junction Development Services Office 300 E. Superstition Blvd. Apache Junction, AZ 85219 1 am-.■.■ n i ..r•.wl m r M r L1 ' �/ A � z' [ "-- 1 ri 1 1 I I .. T1 ,r----- rt....ear A ram WWI ... = A .e..\''' --:"''°11 N► NW W OO..s WEST ELEVATION ti.t TOP a u•.uDsn l 1I 1 1 1 MI l 1� 1 1`1 �—�faU'�Ip m ul i i I�am n• � n anP'n*nnlrli l q" _ r N 1Ae)y t' 11 if n K > S 1____� _� ____ _- -----�- ---- EAST ELEVATION •���it�i��a.��� rar cr.ulDw .r�OMNIIMBRRT7..111.11111 111111•1111 NM MINIM MI OM IIIIMMIIIIMON= MIMEO.=IMMO MI MN OM MI .ppyl4'•1•-10• OMTM scum ELEVATION �l 3.O BtLDIIG ELEVATIONS _ "'' DRAFT 1 -28-13 SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN THIS AMENDMENT is made and entered into this day of 20 , ("the Execution Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart and Hitching Post Restaurant ("Developer"), sometimes both collectively referred to as the "Parties" RECITALS A On February 18, 2009, the City and Developer entered into an Economic Development Agreement and on May 8, 2009, the City and Developer executed a First Amendment to the Economic Development Agreement which collectively included provisions for a restaurant in addition to a convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88 (the "Property"). B Developer now desires to expand the development to include a bull riding arena and related facilities on the Property. C Developer also desires to relocate existing trash receptacles, remove existing fuel pumps, and the propane storage tank, and reconfigure the parking arrangement to accommodate all uses on the property. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the February 18, 2009, Agreements as follows: AMENDMENT OF AGREEMENT: A Recital #10 is added as follows: On February 18, 2009, the City and Developer entered into a development agreement which set forth development criteria to allow for a new pizza restaurant to be built on site. 1 B Recital #11 is added as follows: On May 8, 2009, the City and Developer entered into the First Amendment to the Development Agreement which addressed delay of the landscaping and driveway delineation requirements. C. Recital #12 is added as follows. Developer desires to offer an outdoor bull riding entertainment venue at the northerly side of the Dash In building with the gas canopy and pumps to be removed for weekend activity from 8.00 p.m. to 10:00 p.m. Developer will also be requesting from the Mayor and City Council a positive recommendation for the State Liquor Board extension of premises authorization. D. The Site Plan originally attached to the Agreement and referenced in Section 3(B) is replaced with the new Attachment E. Use of the outdoor bull riding venue is subject to shared parking agreements for overflow off-site parking on vacant property to the south and across the street to the north at the Elks Club Should both of these shared parking agreements be terminated for any reason by the off-site property owners represented in said parking agreements, all outdoor activities within the extension of premises area must cease until another comparable off-site parking agreement is secured. F Section 9(P) Severability, is amended as follows. City and Developer each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation -- of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. G. All other terms and provisions set forth in the February 18, 2009, and May 8, 2009, agreements not inconsistent with the intent of this Agreement remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed as of the day and year first written above. MEHMOOD MOHIUDDIN, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant By Its. CITY OF APACHE JUNCTION, an Arizona municipal corporation By. John S. Insalaco Its. Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM. R. Joel Stern City Attorney 3 STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of Mehmood Mohiuddin, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant. Notary Public My Commission Expires- STATE OF ARIZONA ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 4 EXHIBIT A SITE PLAN !IP !4/qF t.i.k. --... . .. i; II Pi fl a S g. rg i il IC i g ii 1 N '- ,., z r • t - k -.V.P\ N:N. It[ \ . N7 i \ • —4, 0.0 Sb ,\ 3 ,. 11, \ -.. ' I — f, .4.i • ,..s. • ‘A., I - : - -7.---.:—:-.: pp . \ / . 1 _ __ •• i"tr - i 1;\ H.- ' 1 ----- --__---- -- •. II :! ' 4 # ,•: \\ t=1 ,.. , , ; i • (i. ..Airt 41444 * 1 1 -,-“: il t E.- g ' . FITGIND Kg/ItUTALMANT LL OVYNC-Ri 000412120INIMEMA.000 _,41 ...m... Li*". li7 I li 11/1•01 INLIP!C.w.o. ill 01“0.1 II Ig VW 1. . WC Pagitel ai AO Weft I 4.0"11 I rum Ili 5 , ITEM NO. 9 PRESENTATION AND DISCUSSION ONLY-NO VOTE REQUIRED ACJi �` p ilk e'" :W, o City of Apache Junction U 2 t Home of the Superstition Mountains 4 Ptzo' p Print TO: City Manager's Office FROM Janine Solley, Business Advocate DATE February 5, 2013 ..r agenda Type : Regular Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: COUNCIL DIRECTION TO STAFF ON THE WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION. ACTION REQUESTED Direction to Staff DISCUSSION / BACKGROUND INFORMATION: At the January 14, 2013 Council Work Session, staff presented an approach for economic development based on a focus of diversifying local employment and business opportunities, continuing to focus on the redevelopment and enhancements to our downtown, and considering how to further advance Apache Junction as a destination for visitors and future residents. Staff is prepared with a detailed work plan to advance each of these focus areas and is seeking direction from the council to ensure we have the right areas on which to work. FISCAL IMPACT OPTIONS/ALTERNATIVES: Amilk RECOMMENDATION: ATTACHMENTS Click to download 13 Proposed Economic Development Work Plan .41.111 AIM, Economic Development Proposed StrateRv Diversification Downtown Destination DIVERSIFICATION Primary Goals Increase jobs, investment,sustainability, competitiveness Work Plan Basis Economic Development Action Plan and Team (EDAPT) Basic Foundational Needs- Identify public/private assets/workforce availability Understand asset ownership intent Understand what targeted industries are our best fit/narrow the list of 9 Identify and laser-focus on overcoming hurdles Short-Term Tasks Prioritized Inventory/opportunity assessment (what do we have to offer?) Research targeted industry needs (what can we accommodate?) Better utilize ACA/GPEC/County for positioning purposes (shovel-ready) Understand & identify site selector criteria (utility capacity, rates, etc) Submit more informed responses to ACA/GPEC leads Track and assess ineligible leads to help identify gaps GPEC Contract Renewal(in Council Work Plan) Budget for and complete an annual demographics update Enlist the services of a commercial realtor via a broker agreement Explore opportunities. Earhardt 40, PhxMesa Gateway, etc. Develop a formalized retention/expansion strategy(include survey) Coordinate with a unified "business voice" (SBOG,Chamber, Focal Point, Main Street, Friends/CDC,Wellness Committee,etc ) Re-establish positive communications with U-Haul Ex-Officio participation w/Chamber SBOG Representative, GPEC Ambassador Exceptional Customer Service response ,... Social Media integration Longer-Term Tasks Better understand our political readiness/willingness to invest/land a deal Seek to be on State Land's radar screen Conduct 3rd party site selection analysis Laser focus on overcoming prioritized hurdles Update City toolkit/assess willingness (In Council Work Plan) Develop a formalized recruitment strategy of refined targeted industries Assess CAC's capacity to offer programs supporting targeted industries Utilize GIS to help tell the story of opportunity Professional image enhancement assessment/marketing plan Become more relevant with a stronger regional presence Consider business incubation partnerships (business creation strategy) Explore annexation opportunities Draft Economic Development Strategy 10 24 12 Ink Ask DOWNTOWN Primary Goals. Create a sense of place, increase private investment Work Plan Basis Downtown Redevelopment and Implementation Strategy(DRIS) Basic Foundational Needs- Resolution of TIF of identification of other resources Continued infrastructure enhancements/beautification Understand retail sectors that are a good fit Redefine infill incentives Consider Public Space(s) Being responsive to business/open to change Short-Term Tasks Prioritized Maintain/enhance available commercial properties inventory Research site selector criteria/inventory match Establish/support CM Public Art Committee (In Council Work Plan) Implement downtown special event changes (In Council Work Plan) Establish a retail recruitment strategy Explore downtown land purchase Consider Commercial Rehabilitation Program (In Council Work Plan) Maintain open and productive dialogue with business groups Identify business voice/survey/respond Identify additional grant opportunities for enhancements Maintain/grow reimbursement fund (50k this FY) Home Rule education effort Continuation of NAT project (In Council Work Plan) Exceptional Customer Service Response Marquee Programming Website Updates Calendar of Events Programming Social Media integration Longer-Term Tasks Annual Work Plan for DRIS Modify Infill Incentive Districts to accurately reflect available incentives Explore business training opportunities Consider policy for longer-term funding streams Consider housing program to upgrade housing options Marketing strategy/image enhancement/brand promotion Consider western lifestyle opportunities/incorporating into dt features Incorporate walkability features Transportation options/seasonal and/or tourism related Research possible partnerships for mixed-use projects with residential Draft Economic Development Strategy 10 24 12 DESTINATION Primary Goals: Support tourism, expand visitor/residential opportunities Work Plan Basis. Visitor's Center Contract, Economic Development Action Plan and Team (EDAPT) Basic Foundational Needs: Better define expectations of the City Determine if"tourism" is indeed a targeted industry for Al Identify what we get out of tourism, are we a drive-thru? How can we maximize our destinations/events How can/should we support our regional tourism destinations Short-Term Tasks Prioritized: Annual Visitor's Center contract (In Council Work Plan) Friends of Lost Dutchman State Park Board meetings (Pat) Understand needs of resorts/accommodations/explore locations Identify and plan for monuments at key entry points Host annual Parks Board meeting at City Hall Social media integration Find solution for community calendar of events portal Longer-Term Tasks: Determine how/if we fund tourism (In Council Work Plan) Enhance visual appeal of Idaho (ADOT coordination) Explore recreational opportunities for south of 60 Rehab/Removal of properties in disrepair/code enforcement plan Collect winter visitor data/understand seasonal influx& needs Pay-per-click advertising once target market identified Mobile App for"things to do" in area Marketing strategy/image enhancement/brand promotion ,^ Determine "daytrip location" marketing plan for valley Explore "agntourism" (connection with public space) Draft Economic Development Strategy 10 24 12 DIRECT SUPPORT POSITIONS Economic Development Director Business Development&Marketing(Advocate) Research/Tourism/Administrative Support Specialized Consulting for Specific Needs (i e site selection competitive analysis,tourism/resort ,..... facilitation, etc ) INDIRECT SUPPORT POSITIONS City/Assistant City Manager's (direction, retention, political interest) Chamber of Commerce (coordination, business voice) Main Street (recommend disbanding—possible Town Center Committee? Business/Art/Processes, etc.) SBOG/Focal Point/Tourism Committee (??) ACA/GPEC/Pinal County(determine how they can best help us) Friends of Apache Junction/CDC(funding) CAC Small Business Development Center/CAC Curriculum for Workforce ... Draft Economic Development Strategy 10 24 12 /mik ROLL CALL VOTE ki?) NOT ,“91 ;)„, ci$\1. ec7ri\C;)," ITEM # t. MEETING OF i I v MOTION BY SECONDED BY: NO ABSTAINED COUNCILMEMBER BARKER 2'ES COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON O U IL/MEMBER EVANS VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION• d . *c...1. • • U 2 10* clo of Apache Junction Home of the Superstition Mountains q.1oto' Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: February 5, 2013 .•r Agenda Type : Regular Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM. COUNCIL DIRECTION TO STAFF ON THE PROCESS FOR OBTAINING A PERMIT FOR A SPECIAL, COMMUNITY, OR PRIVATE EVENT ACTION REQUESTED: Direction to Staff DISCUSSION / BACKGROUND INFORMATION: At the January 14, 2013 Work Session, staff presented council with a process improvement concept designed to enhance and streamline the process for obtaining a special, community or private event permit. After brainstorming the idea with local businesses and non-profits, staff has identified a number of ways in which the process can be improved. Because some of those ideas will require changes to Chapter 8 of the City Code, staff is seeking direction from council on if/how they would like to proceed FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Staff Memo )7/(111, ,' , (...) inoits...7.1 b:-1 _ DATE January 17, 2013 MEMORANDUM TO The Honorable Mayor and City Councilmembers MEMORANDUM THROUGH George Hoffman, City Manager Bryant Powell, Assistant City Manager MEMORANDUM FROM Janine Solley, Business Advocate SUBJECT Special Events— Direction to Staff A group of local business folks, non-profits, Apache Junction Chamber representatives, several Councilmembers, and a number of City staffers engaged in several discussions to' talk about the current process for obtaining permits for special, community or private events, and to identify if there were ways in which this process could be improved. As improvement ..... options were identified, it was determined that to fully implement these changes it would require modifications to Chapter 8 of the City Code Therefore, staff is seeking direction from the City Council on if/how to proceed. The group identified a number of measures that would seemingly enhance the existing process and respectfully asks Council for direction on the following 1 Would Council like staff to redefine "special", "community", and "private" events in the City Code with a more simplified definition of an "event" that uses more specific language and defines an event in terms of meeting certain qualifying conditions? 2. Would Council like for an event permit to be required only at such time an event (as will be newly defined in the City Code) meets certain qualifying conditions and whereby requiring a permit will bring added value to the process or ensure the health and safety of the general public? 3. Would Council like staff to create a single, uniform application process that is utilized for all types of events, and have available separately a listing of City resources or services that are available for an extra fee should the applicant want to consider other options available to them? 4 Would Council like staff to pursue a process that utilizes a "single point of contact" approach whereby the applicant deals with one individual (City staff) and that City staff person ensures the seamless coordination of departments at such times a permit is required for an event? 5 Would Council like staff to pursue the technology to introduce an "online special events wizard" that will be an easy-to-use tool whereby applicants can go online and answer a series of questions that will help them determine if they will need a permit for their event? 6 Would Council like staff to come back to the City Council at such time that the legislature makes a determination about tax and licensing issues related to temporary event business licenses and associated fees and report on how that may impact the event permit process? And at such time that update is provided and depending on what comes of the legislative decisions currently being considered, Council may wish to give staff further direction to explore fees for temporary business licenses Staff respectfully requests direction on how to proceed on these items related to the special events process. eMIN /y • .. • • oak ROLL CALL VOTE A NOTES ,/sik ITEM # MEETING OF MOTION BY SECONDED BY VJ" YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY V CO I K104EMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ana /Rik Aomak ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS FOR OBTAINING A PERMIT FOR A SPECIAL, COMMUNITY OR PRIVATE EVENT. 1) REDEFINE AS NECESSARY THE TERMS SPECIAL, COMMUNITY AND PRIVATE EVENTS AS THEY APPEAR IN THE CITY CODE IN ORDER TO CLARIFY AND SIMPLIFY THE EVENTS PROCESS, 2) CLARIFY THE PROCESS AND ESTABLISH CRITERIA AND QUALIFYING CONDITIONS THAT WOULD REQUIRE AN EVENT PERMIT, INCLUDING BUT NOT LIMITED TO, PRESENCE OF VENDORS, TAXABLE ACTIVITIES, ALCOHOL SALES AND ISSUES INVOLVING PUBLIC HEALTH AND SAFETY; 3) CREATE A SINGLE, UNIFORM APPLICATION PROCESS THAT CAN BE USED FOR ALL EVENTS INCLUDING A SEPARATE LIST OF CITY RESOURCES AND/OR SERVICES THAT ARE AVAILABLE FOR AN ADDITIONAL FEE SHOULD THE EVENT APPLICANT WISH TO DO SO. THIS EVENT APPLICATION PROCESS WILL NOT BE A SUBSTITUTION FOR A TAX LICENSE AND OTHER LICENSE REQUIREMENTS AS OUTLINED IN THE CITY CODE CHAPTER 8 AND THE CITY TAX CODE, 4) CREATE A PROCESS UTILIZING A"SINGLE POINT OF CONTACT" THROUGH WHICH THE EVENT APPLICANT DEALS WITH ONE PERSON ON CITY STAFF AND THIS STAFF PERSON IS RESPONSIBLE FOR THE SEAMLESS COORDINATION OF CITY DEPARTMENTS AND THE FIRE DISTRICT WHEN AN EVENT PERMIT IS REQUIRED; 5) PURSUE TECHNOLOGY THAT WOULD ALLOW AN ONLINE "SPECIAL EVENTS WIZARD" OR SIMILAR PROGRAM THAT WOULD ENABLE EVENT APPLICANTS TO USE THIS ONLINE TOOL TO DETERMINE IF AN EVENT PERMIT IS NEEDED; AND 6) RETURN AT A FUTURE DATE WITH FURTHER DISCUSSION AND RECOMMENDATIONS ON FEES FOR TEMPORARY EVENT-RELATED LICENSES BASED ON WHAT IS ALLOWED BY APPLICABLE STATE LAW AND THE MODEL CITY TAX CODE PENDING CHANGES IN THIS AREA DURING THE CURRENT LEGISLATIVE SESSION. ROLL CALL VOTE NOTES ITEM # MEETING OF ./'°\ MOTION BY SECONDED BY: C YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON VICE MAYOR DIETZ COUNCILMEMBER BARKER CLMEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ar A t ITEM NO. 12-13 EXECUTIVE SESSION AND WORK SESSION FOR MONDAY, FEBRUARY 18,2013, HAVE BEEN CANCELLED DUE TO THE OBSERVATION OF THE PRESIDENTS' DAY HOLIDAY. I MOVE THAT AN EXECUTIVE SESSION AT 5 45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON TUESDAY, FEBRUARY 19, 2013, IN THE CITY COUNCIL ONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M .t ROLL CALL � �`� WS: REG:2 SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO V VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCILMEMBER EVANS L' COUNCILMEMBER SERDY COUNCILMEMBER WALDRON • COUNCILMEMBER WILSON TOTAL / CITY STAFF (4 .0 City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt BusbyIt.0.19;4„/efil OTHERS: b-� .(/ • 111 Date: Fe' £ (2, ,2 c C ? CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public X (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? Yesri Nou Only If Necessary ❑ ❑ I am in/favor of the proposed Item. ❑ I am opposed to the proposed Item. t1-1 icefiG 1 Name (Print) Address City Zip Code Lie () () 2 y5 Ll Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12