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HomeMy WebLinkAbout2013 02.19 City Council Regular Agenda Ll�r L TILL Lit I f1 RcL.iuca I I L Jet/AK"rUFiM It- YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE r PUBLIC OR ON ANY NON-PUBLIC HEARIIITEM AC1! +v. 00 of Apache function _ O Home of the Superstition Mountains ; • APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA February 19, 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. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 5,2013. 3• Consideration of employment agreement wtih city attorney effective February 24,2013. The city attorney is one of three positions that reports directly to the mayor and council They have negotiated a new employment agreement that gives new responsibilities to the city attorney and eliminates the prosecution role 4. Consideration of Resolution No.13-02 designating polling places and voting districts;appointing election boards and fixing their rate of compensation. This resolution updates the number of members on the election boards at two polling locations 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 5. PRESENTATION OF A CHECK TO SUPERSTITION SEARCH AND RESCUE. Representatives of the Friends of Apache Junction and the Golden Sun Recreational Vehicle Resort's Activities Department will present a check for$1,000 to Superstition Search and Rescue(SSAR)for the purchase of night vision equipment Friends and Golden Sun recently co-sponsored a fund raising event to generate the funds SSAR supports the Apache Junction Police Department,as well as other law enforcement agencies upon request,by searching for lost hikers and residents 6. PRESENTATION AND DISCUSSION ON HOME RULE. Staff will present on the Home Rule option. F. ANNOUNCEMENT OF CURRENT EVENTS. _ _.,_ _ .,, .,,,u.n.. May at U 1lb time present a onet summary of current events However,no discussion shall take place on such items except for clarifying commerelated to substance,time and location G. CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries. 7. MANAGER'S REPORT. 8 PRESENTATION AND DISCUSSION ON CURRENT STATE LEGISLATION. Staff will give an update on current state legislation that may effect local government 9. INTRODUCTION OF ASSISTANT CITY ATTORNEY ERIC YUVA Mr Eric Yuva was recently hired to fill the position of assistant city attorney His primary duty is to serve as the city prosecuto/A"`will also assist the city attorney in other municipal matters when necessary 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 10. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY -APACHE JUNCTION BRANCH FOR A FUND RAISING EVENT ON APRIL 27,2013 AT 3301 SOUTH GOLDFIELD ROAD. This event will be held at the Dolce Vista Community Center ballroom 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 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 11 PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY. The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan,and any suggested staff modifications thereto This item is identified in the Fiscal Year 2012-2013 City Council Work Plan 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 None K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None. L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 12. EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY,MARCH 4, 2013. 13. EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, MARCH 5,2013.OTHER MEETINGS IF NECESSARY. M- CALL TO PUBLIC. W auui aaa a e uuunun WWI requests,communications,comments or suggestions relating to City business that are not listed on theeenda All speakers must have already submitted written"Request to Speak"form to the City Clerk no later than the conclusion of the C anager's Report portion of the agenda If there jroup speaking on the same item,they should select a spokesperson All such remarks snail be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to asl a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1)respond to criticism by a speaker,2)ask the City Manager to review a matter,3) ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information 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 � I CITY COUNCIL REGULAR MEETING FEBRUARY 5, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 5, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. �•. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Evans was absent. ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Others Present : Senior Planner Rudy Esquivias Business Advocate Janine Solley Deputy Police Chief Tom Kelly Community Relations Manager Pat Brenner Community Resource Unit Coordinator REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 1 OF 31 Constance Halonen Mayor Insalaco recognized Pinal County Supervisor Todd House and former Apache Junction mayor, council member and current Representative Doug Coleman in the audience. ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE ,,.` TAKE ITEM NUMBER 9 BEFORE ITEM NUMBER 8 TONIGHT. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced on February 13 the Superstition Horsemens Association will be having a meet and greet for the local candidates at the Boys & Girls Club. Councilmember Wilson announced the AgriCounty Blue Grass Festival was held January 25-27 . He attended on Sunday and saw many events and listened to bluegrass and country music. Councilmember Wilson announced they found a new home for the rescue horse Destiny. He thanked the various organizations and individuals involved in bringing this to a successful �• conclusion. AWARDS, PRESENTATIONS AND PROCLAMATIONS Community Relations Manager Pat Brenner gave recognition to Charles Hatfield on his volunteer service for the city in multimedia and broadcasting from September 2006 until November 2012 . Mayor Insalaco presented him with a Certificate of Appreciation. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 2 OF 31 r. A . CITY MANAGER' S REPORT City Manager George Hoffman commented on the Apache Junction Chamber of Commerce struggling to do right by the community, new volunteer Eric Wolf at the Paws and Claws Center, the new Maricopa County street project at Meridian and Southern, the pending construction for the freeway ramps at Meridian and US 60, and Congressman Gosar being at the library on the third Tuesday of the month starting in February. Assistant to the City Manager Matt Busby gave an update on legislative issues . Deputy Police Chief Tom Kelly gave an overview on volunteer applications for the police department . Community Resource Unit Coordinator Constance Halonen gave a comparison on the volunteers of 2011 and the volunteers of 2012 . Mayor Insalaco commented he was at a minor accident this morning and three people from the department showed up. He had someone ask him why there were three officers there and he told them two of the people there were volunteers assisting the officer. They were there to direct traffic which left another officer clear. All the departments need volunteers, but the police department is really in need. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C. GARRETT VFW POST #7968 FOR SECOND .•. ANNUAL HOGFEST City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. No applicant was present . He opened the public hearing on the item. Ms . Jodelle Mitchell commented she is a VFW member and was not aware of the issue for the event. She understands that with all their volunteers that REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 3 OF 31 it will be an incredible event for the community. She asked that they grant them the one day. She volunteered to look into why no one was here for the event. Vice Mayor Dietz asked if she would pass along that the police department would like added security. Councilmember Barker commented they want at least twice the number of listed ^ personnel in the request. They would like 4 police and 4 security personnel . It is because of the multiple entrances around the location. Only four people limits the ability to watch all the entrances plus the interior. Ms . Jodelle Mitchell stated she would pass it along to the commander. Mayor Insalaco closed the public hearing with no one else wishing to speak. He asked the city attorney if there is any way the city can make sure they add the additional personnel. City Attorney Joel Stern stated they want to add another condition. Mayor Insalaco stated that is correct . City Attorney Joel Stern they can add it in the motion. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED 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 TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL ON THE CONDITION THAT THEY FOLLOW UP WITH FOUR MORE PERSONNEL FOR THE SECURITY OF THE EVENT, TWO POLICE OFFICERS AND TWO SECURITY PERSONNEL. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 4 OF 31 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. NEW BUSINESS SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY AND MEHMOOD MOHIUDDIN Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented he had mentioned that the gate had to be left open. Senior Planner Rudy Esquivias stated the pedestrian gate has to be open. Councilmember Wilson commented it has to be left open at all times . Senior Planner Rudy Esquivias stated if there is an emergency or a fire in the building, they need to have two exit points per the building code. One would be the front door of the restaurant, the other one would be this escape gate. , Councilmember Wilson asked how they would they prevent people from entering through that i. area. Senior Planner Rudy Esquivias stated he believes that will be a manned gate. Personnel there can make sure that people do not bring in liquor or take out liquor to the parking lot . Councilmember Wilson asked if there will be children in the area. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 5 OF 31 Senior Planner Rudy Esquivias stated he believes so. It is a family restaurant. A similar event that he visited and after which Mr. Mohiuddin is modeling his idea is a place called the Buffalo Chip. It is a family restaurant and kids are there. They go watch their relatives and friends participate in the bull riding. Councilmember Barker asked if he knew more about the lighting proposed for this. Senior Planner Rudy Esquivias stated he has not seen a brochure for exactly what types of lights he plans on installing. In the beginning they talked about bringing in those portable lights . They would be located at the four corners of the arena and would be pointed downward. They are bright and will light up the arena area. The site may have some other ambient lighting, but the arena has lights specifically for it . He also talked about putting some lights on the building but there are concerns about pointing those into traffic. If they are pointed down to meet our dark sky ordinance, they should also help to light up the area. Councilmember Waldron asked if we have copies of the signed, executed parking agreements . Senior Planner Rudy Esquivias stated he has an agreement that the Dash In people executed with the lot owner directly to the southwest of them. He has a letter from the Elks Club Trustee, Gregory Niles, who states they have reached an agreement with the Hitching Post for overflow parking. There are no formal contracts . Councilmember Waldron asked if it indicates how long that agreement is for or the costs involved. Senior Planner Rudy Esquivias stated they pay a monthly rent to the owners south of them. The agreement with the people to the north just says lease. Councilmember Waldron asked if they have attempted to contact the Arizona Department of REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 6 OF 31 A. �. Transportation over the concerns expressed by the police department. Senior Planner Rudy Esquivias stated staff met with Mr. Mohiuddin in January. The city engineer asked if he had contacted the department of transportation and Mr. Mohiuddin indicated that he had. They were not requiring an additional deceleration lane. They just wanted to make sure that all of his improvements were being kept within his property line . He has not seen this in writing; it is only what the applicant advised them. Mr. Mohiuddin advised he spoke with Arizona Department of Environmental Quality regarding the gas tanks and he is being required to siphon out all the gasoline and then fill the tanks with sand. Mayor Insalaco asked if they do not have to take them out anymore. Councilmember Waldron asked if Arizona Department of Environmental Quality does a final test or sign off on the removal of the tanks . City Attorney Joel Stern commented he believes they do a final test and a final sign off. There should be some paperwork on that when it is all done. Councilmember Waldron stated without the final sign off they cannot do any improvements over the top of that. City Attorney Joel Stern stated he believes that is correct . They do an inspection for �► environmental issues, particular whether there is any leaking. Mayor Insalaco commented he has a problem with the deceleration lane. If they are going to have animals coming down the highway and then slowing down, it is a major highway. It is 50 miles per hour. Someone will be slowing down to pull into the bull ring and there will be a line of traffic behind them. He does not know if they will be able to stop. Arizona Department of Transportation may say they do not need one, but he would have to go along with our local police department . It looks dangerous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 7 OF 31 Councilmember Serdy commented he saw a schematic of the one in Cave Creek and they have bleachers or stadium-type seating. He asked if there would be some kind of seating in the triangular area near State Route 88 . Senior Planner Rudy Esquivias stated Mr. Mohiuddin has not indicated any bleachers or permanent seating areas on his site plan. He showed on the overhead where the bleachers and picnic tables are located at the facility in Cave Creek. �. Councilmember Serdy asked if there will be outside vendors or could drinks be purchased outside. He knows they do pizza there. He asked if it could be purchased and carried out or delivered to that area. Senior Planner Rudy Esquivias stated the plan does not show any outside bar areas or eating areas . It is a better question for the applicant. He has not mentioned any outdoor drinking or eating areas . Councilmember Barker asked what the terrain is made of in the back area . She asked if it would be handicapped accessible. Senior Planner Rudy Esquivias stated they are required to have an improved surface under the building code. It does not necessarily have to be concrete or asphalt but it must have a wheelchair accessible route through the area. Right now it is all asphalt in one area and the rest is dirt . The asphalt that was in the arena area itself has been taken out. Around the arena it is pretty flat and currently asphalt for the most part . Vice Mayor Dietz asked about the handicapped parking as it is only showing one. He asked what the requirement is . Senior Planner Rudy Esquivias stated they will need to add at least one more. Under the disabilities act they need one for every 25 spaces. They will need to carve out a minimum of three. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 8 OF 31 Vice Mayor Dietz asked what this will cost . Senior Planner Rudy Esquivias stated he does not know if they have any official estimates. There is a person who specializes in this type of activity helping him to set up the venue and coordinate what is needed. Councilmember Serdy asked if �► these would be exhibition only events or a tournament-type setting or even a traveling circuit. Senior Planner Rudy Esquivias stated he believes the bull riders compete for money. They go to different venues on Friday and Saturday nights and compete for purses. The event he attended appeared to have professional bull riders with the safety gear and they keep the money. Councilmember Serdy commented there may be fans or an entourage that follows them. There could be quite a few people out there. He asked if they would carry their own insurance. Senior Planner Rudy Esquivias stated all the activity is on private property. Councilmember Serdy asked if the competitors have it . Senior Planner Rudy Esquivias stated he did not know. Aft, Councilmember Barker asked if there would be medical standby. Most competitions like that, even in softball games, there is somebody standing by medically. She asked if there is a provision for that . Senior Planner Rudy Esquivias stated he did not see anything like that at the Buffalo Chip. It is a good question for the applicant. Mayor Insalaco asked if they could call the applicant up to answer these questions . REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 9 OF 31 City Attorney Joel Stern stated the code allows the mayor to call someone if they need to under New Business if he believes they would add to the discussion. There was general discussion on whether the applicant could address the questions . The city attorney believes the mayor has the ability to call someone up to answer questions . Mayor Insalaco requested the applicant address the council . Mr. Mehmood Mohiuddin addressed the council . Councilmember Serdy asked if he would be adding bleachers . Mr. Mehmood Mohiuddin stated he would not . Bleachers would distract traffic. This will be operating at night after 8 p.m. It will last one-and-a-half hours to two hours when they do the bulls . Councilmember Serdy asked if there would be any food served outside. Mr. Mehmood Mohiuddin stated food will only be served inside. The people can come out to watch it. When the band is playing music in the restaurant, i they will go on a break for twenty minutes, and the people can come out and watch the bulls. When the one or two bulls are done bucking in about twenty minutes, the people will go back inside and listen to the band and eat . Councilmember Serdy asked if they can carry their drinks outside. Mr. Mehmood Mohiuddin stated they can. That is why they are applying for an extension. Someone may have a drink in their hand when they walk over there. It would be extremely hard to control out of the fenced area; they have to stay inside the fenced area. Security REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 10 OF 31 personnel will be watching to make sure no one is violating any rules . Councilmember Serdy asked if the competitors follow a circuit . He asked if it is like professional wrestling where one knows who will win every night. Mr. Mehmood Mohiuddin stated there are a few bull riders in Arizona. That is how they .► practically make their living. The entry fee is $50 to $60 and they make $200 to $300 for placing first through third. These people do have regular jobs . It Is extra pocket money to survive. The whole circuit works around this area. Councilmember Serdy asked who carries the insurance if someone gets hurt. Mr. Mehmood Mohiuddin stated he carries a million dollar liability, the guy providing the bulls carries a million dollar liability, and the bull riders are professional bull riders and are part of the bull riding association. They pay a fee and are automatically covered so the bull riders are covered three ways . Councilmember Serdy commented a million dollars is not that much once you get a lawyer involved. They are down to about $600, 000 already. Mr. Mehmood Mohiuddin stated he is correct but each party carries a million dollar liability. Councilmember Wilson asked if ''` the open gate would be manned. Mr. Mehmood Mohiuddin stated he talked to John of the fire department and their recommendation was that the gate should stay open but have someone standing and guarding it so no one can walk out with a drink. The second option is to have a latch that in case of an emergency they can hit and the door will automatically open, allowing them to walk out . REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 11 OF 31 Councilmember Barker commented they can still carry their drink with them. Mr. Mehmood Mohiuddin stated they cannot carry their drink outside with them. Councilmember Barker commented they can open the latch. She asked what is to prevent them if it is not manned. Mr. Mehmood Mohiuddin stated the options are the gate would be manned or watched so that no one could take anything out. There is a latch on the gate for safety when in case of an emergency people to run out that way. Councilmember Barker commented she understood that, but if there is no one there and someone has a can of beer in their hand, they can hit that latch and leave. Mr. Mehmood Mohiuddin stated he would provide manpower out there if he has to. They can keep a man over there for security reasons . He does not want to jeopardize his business and license. Councilmember Barker commented people will be in his restaurant eating and drinking. There is a 20 minute break for the band and everyone goes outside to watch the bull riding for 20 minutes . The bull then stops, it is the end of that, and everyone goes back in andl there is no more bull riding. She asked if that is the plan. Mr. Mehmood Mohiuddin stated the band will be playing and people will be inside and in the back patio. When the bull riding starts, people will go get seats to watch it . After one or two bull riders, they are done. They will advise the customers the next bull riding will take place in about 40 to 45 minutes . People may hang out and sit down in the back patio, they can go into the restaurant and wait or go wherever they feel comfortable. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 12 OF 31 Councilmember Barker asked what kind of lighting will be around the ring, not to the interior. Mr. Mehmood Mohiuddin stated it will only be the lighting pointing down to the arena. Councilmember Barker commented it gets pretty dark out there at night. Mr. Mehmood Mohiuddin stated there is already existing additional lighting. They have a Salt River Project pole on one corner. There are other Salt River Project poles on Lost Dutchman and the highway. They will have a light either in the fourth corner or lights on the building in the northeast corner. Councilmember Barker commented she was concerned about people walking around the arena without enough light to see where they are walking, especially if they have been drinking and there are small children underfoot . Mr. Mehmood Mohiuddin stated they will have lights in all four corners plus they have lights on top of the Dash In that are pointing down at the area. There are also the Salt River Project poles . The lighting should be sufficient, but if it requires extra lighting they will put in extra lighting. Safety is their main issue. Councilmember Barker commented as they are talking about safety issues, it is really, .•. narrow going northbound on State Route 88 . They may have people that are going to be pulling over and others pulling trailers and they are not realizing they are supposed to come in on Lost Dutchman to unload in the back area. She asked if they have any plans for any kind of a lane that will allow them to pull into the lot and figure out what they are supposed to be doing next . Mr. Mehmood Mohoiddin stated a man named John provides the bulls at Buffalo Chip. He visited his site and told them how to install the gate and how wide it should be. They can either back it up to Lost Dutchman or they REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 13 OF 31 can come down on any other street instead of the highway to offload. Councilmember Barker asked if they are going to have any medical standby. Since they are talking about safety, it seems like this is a place where they would need medical standby. Mr. Mehmood Mohiuddin stated it has not been provided anywhere else . There has never been v-+ any medical standby at the city arena. Buffalo Chip has never had it. Rawhide does not have any medical standby. Councilmember Barker asked where a medical chopper would land. Mr. Mehmood Mohiuddin stated the last time he saw an accident it was at Fillies' because cars were lined up on the side of the road. They moved the cars to bring in the chopper. Councilmember Barker commented they have to anticipate casualties here. Mr. Mehmood Mohiuddin agreed. Councilmember Waldron asked him to explain the process for the Arizona Department of Environmental Quality and what they have to provide Itohim to say those tanks are secure and safe. Mr. Mehmood Mohiuddin stated they were inspected about one-and-a-half months ago. He has the inspection report from then. They went into the ground to check to see if there was any leakage. He would be happy to provide that information for them. When he contacted the Arizona Department of Environmental Quality he was told there are 137 gas stations closed in Phoenix. Their requirements are to make sure to siphon the gas out, pour sand in it and then cover it . They must send a dirt sample to a laboratory in Georgia. They will send a report to Arizona Department of Environmental Quality to advise if there are any concerns . They will be REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 14 OF 31 contacted if there are any concerns . They are not required to take the tanks out. Councilmember Waldron asked that he provide that information once he has it that shows the lab results are good and things will not be a problem. Mr. Mehmood Mohiuddin agreed. Councilmember Waldron commented if they put lights on the end of that building, there is a street that comes by that creates a triangle at the Elks Club. If the lights are up on that building, they will be directed to people coming towards the Dash In on that street. He is not sure it is a good idea. Mr. Mehmood Mohiuddin stated they should be fine. That is where Rudy stated they should put the lights up. They will be pointing the lights down to the arena or they will only install the lights in the four corners to light up the arena. They would not disturb any traffic. Councilmember Waldron commented he thought the latter would be the better option. Mr. Mehmood Mohiuddin agreed. Councilmember Barker commented he asked a question earlier about their building on top of that before they get the clearance from the lab tests . Mr. Mehmood Mohiuddin stated they are not building the arena on that site. Councilmember Waldron asked what they are putting on top of the tanks . Mr. Mehmood Mohiuddin stated it will be asphalt . Councilmember Waldron asked if Arizona Department of Environmental Quality requires the results of the tests to come back before he does the asphalt . REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 15 OF 31 Mr. Mehmood Mohiuddin stated they do not. Councilmember Waldron commented they do not care. Mr. Mehmood Mohiuddin stated they already did the tightness test and the leakage test about a month ago. They have the results for that. He took those results to the Arizona Department of Environmental Quality. He advised them they are taking the gas station out entirely. He asked what their requirements are and if he needs to take the tanks out. They said all he needs to do is take the pumps out, cap off the plumbing completely and send the dirt sample. Councilmember Waldron asked him to provide the city with the letter or whatever the Arizona Department of Environmental Quality sent him. They need where it says that everything is good. Mr. Mehmood Mohiuddin agreed. Councilmember Waldron asked that he send it to Rudy. Vice Mayor Dietz asked if the gentleman putting this on is leasing the arena from him. This is the guy from the other place. Mr. Mehmood Mohiuddin stated his name is Mark and he is not leasing anything. He is a local guy and a bull rider. He works with a few people that do bull riding. He wants to bring this type of entertainment to Apache Junction because we are considered a cowboy town, a western town. Cave Creek is no longer considered a western town. It is almost Scottsdale and a city. It would fit perfectly in this town. Vice Mayor Dietz commented he is just giving you information. He is helping out. He asked if he would be the one providing the bulls. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 16 OF 31 Mr. Mehmood Mohiuddin stated that is correct. He introduced him to his friend John. He used to ride the bulls with him; he is not sure he still rides. John will be providing bulls as he does to Rawhide and Buffalo Chip. He was told John is the one to talk to if any have any questions about the bulls . Mark can answer any questions on the bull riding. Councilmember Waldron asked .•. if he has a signed parking agreement with the Elks . Mr. Mehmood Mohiuddin stated they had their meeting and they sent him a letter. They voted on it and gave him the go ahead to use their parking lot for overflow parking. The trustee' s name is Greg Gilley. Councilmember Waldron asked if he has a written agreement other than the letter. Mr. Mehmood Mohiuddin stated he does not. Councilmember Waldron asked if he would have one. Mr. Mehmood Mohiuddin stated he will ask them for some type of agreement if the council wishes to have one . Councilmember Waldron commented they need some guarantees on the overflow parking as the parking is a problem. Councilmember Barker commented not only does the council need guarantees, but Mr. Mohiuddin needs the guarantees . He needs it in writing as to the amount they want per month and a time on it so that he knows at what time he would have to renegotiate it . Otherwise, they can tell him to forget it . Mr. Mehmood Mohiuddin stated he does not think he is expecting that many cars to be parked out there . He is not even expecting 500 cars in the restaurant. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 17 OF 31 The south side parking lot can handle 50 to 60 vehicles. The gas station business is so slow he had almost lost the business. They are trying to figure out what they can bring in to generate revenue so that they do not lose the property. Councilmember Barker asked if he already has tables outside. Mr. Mehmood Mohiuddin stated there is nothing over there right now. Councilmember Barker asked if he was going to be putting some out there. Mr. Mehmood Mohiuddin stated he has a back patio at the Hitching Post where there are a few tables outside. If the council approves this he may put 4 or 5 more tables in the back patio location. Councilmember Serdy asked if this arena has the same dimensions as the Buffalo Chip arena. An unknown male in the audience stated it is very similar in dimensions to the Buffalo Chip arena. It is not a regular rodeo arena; it is very small. Mr. Mehmood Mohiuddin stated it is like 45' to 48' wide. Councilmember Barker asked if someone can get off a bull and run to the side fast enough in something that small. Mr. Mehmood Mohiuddin stated Buffalo Chip has about the same size arena and they have been doing that for several years . Mayor Insalaco commented he is inclined to go along with the police department. He asked if he would be willing to put in a deceleration lane on the highway. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 18 OF 31 Mr. Mehmood Mohiuddin asked if he meant on his property. Mayor Insalaco stated that is correct. Mr. Mehmood Mohiuddin stated he would be happy to put in a deceleration lane to slow down traffic. He does not see a problem with that . Mayor Insalaco asked if he knew what the price of that would be. Mr. Mehmood Mohiuddin stated he would just have to put a lane over his property. The event is going on at night time. He suggested they travel on that road after 7 : 30 p.m. or 8 : 00 p.m. and see there is hardly any traffic on the road at that time . In the daytime there is a lot of traffic; they are going to Tortilla Flats, Goldfield Ghost Town and the Mining Camp. His events will start after 8 : 00 p.m. and there is hardly any traffic on the road when the sun goes down. No one is going in that direction because it is dangerous to drive that road when the sun gDes down. Tortilla Flat and Goldfield Ghost Town are closed. Councilmember Barker commented this is an amendment to an amendment so there is a charge for this . Mr. Mehmood Mohiuddin stated he received an email from the city today requesting $2, 500 . He wanted to bring before the council that they are trying to AW survive and trying to make a business happen. They are changing this stuff to possibly survive. He asked council if they would waive the fee or discount it . He will go along with whatever they can do. Councilmember Barker commented they have been here and done this before. Mr. Mehmood Mohiuddin agreed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 19 OF 31 Councilmember Barker commented multiple times . Mr. Mehmood Mohiuddin agreed. Mayor Insalaco asked if he remembered the price that the council waived before. Mr. Mehmood Mohiuddin stated he did. Mayor Insalaco asked what that price was . Mr. Mehmood Mohiuddin stated $67, 000. Mayor Insalaco thanked him. Councilmember Barker commented this is a drop in the bucket . Mayor Insalaco commented he thinks the city has gone above and beyond to help him with his business . He came up with the same thing last time. Councilmember Wilson commented even though the council gave him that discount, it ended up costing the city because funds had to be transferred to cover that cost. It was not a wash for the city. The city had to invest that money. Mr. Mehmood Mohiuddin stated he would pay the $2, 500 . He would have no problem paying it . Vice Mayor Dietz commented they are not voting on this tonight. Mayor Insalaco stated they are not. This is for discussion only. Councilmember Barker commented they are looking at the possibility of his putting in REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 20 OF 31 a bull ring, which looks very small to her especially in comparison to the video, as they have 10 people in there plus a bull and it seems like a lot more than 45 feet . There will be portable lighting which will be downward so as not to distract traffic on either street with only the existing lighting for people who are walking around there. They will have a manned security gate. There will be no outdoor service. He may or may not put up additional tables depending on how much business he does there. He has an agreement with Zion for $250 a month to - have a tentative lease agreement for overflow parking with the Elks . He needs to add several more handicapped lanes . They are still very concerned about the pull off land on the state route. They are very concerned about the lighting hitting the people in Lost Dutchman. She is concerned about small children and not enough lighting around that bull pen. Councilmember Wilson commented he drives this area quite often. They will have people parking on the north side at the Elks Lodge . People will be crossing there to come to the facility. It is a dark area. They should plan to put a light up on the corner so that not only the people crossing the road can see but people driving up to that intersection will be able to see people attempting to cross the intersection. Mr. Mehmood Mohiuddin asked if he meant a light on the corner of Lost Dutchman and State Route 88 . Councilmember Wilson commented no, it should be all the way on the east side. Vice Mayor Dietz commented it will be right where they bring in the animals . Mr. Mehmood Mohiuddin stated okay. Councilmember Wilson commented it is dark there where someone is coming across from the Elks. Mr. Mehmood Mohiuddin agreed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 21 OF 31 Councilmember Barker commented it is an accident waiting to happen. Mr. Mehmood Mohiuddin stated they can install a light over there if needed so that people can see. City Clerk Kathleen Connelly asked if Councilmember Barker included Councilmember Waldron' s request for the information from the Arizona Department of Environmental Quality, the confirmation on the progress . Councilmember Barker asked if he wanted that confirmation before any movement was made on this . Councilmember Waldron stated that is correct. Vice Mayor Dietz commented, they would also like a copy of the lease. Councilmember Barker commented they need the paperwork for the Elks lease, Arizona Department of Environmental Quality and also that the Arizona Department of Transportation is okay with this . She would like that in writing from Arizona Department of Transportation. Vice Mayor Dietz asked if there is a requirement for the amount of restrooms or port-a- potties or anything. He did not see anything on here. Senior Planner Rudy Esquivias stated there are port-a-potties indicated on the plans and the restrooms are in the restaurant and Dash In. Vice Mayor Dietz commented he was asking if there was a requirement for a certain amount of restrooms for 500 people or 200 people. Senior Planner Rudy Esquivias stated he did not indicate a need for additional port-a-potties REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 22 OF 31 as long as people have access to a restroom. At Buffalo Chip they have two port-a—potties but that facility is very large. Mayor Insalaco commented he is still going over the police report and the entrance to the Dash In has no paved slowing lane for traffic off of the state route. He wanted to bring that to his attention. He closed the item with no further discussion and went back to Item Number 8 . ab. PUBLIC HEARINGS (continued) APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Dietz commented the diagram sits a bit different. Councilmember Barker commented they need a plan that shows everything and gives the size, shape and scope. Mayor Insalaco requested the applicant address the council . He commented the plan is not acceptable. City Clerk Kathleen Connelly stated he would also need that, unless the council is satisfied with the drawing. Mayor Insalaco commented he is not satisfied with it. Councilmember Barker commented hence the reason why they keep asking how big it is and how much room is there. They do not know. Vice Mayor Dietz asked if the diagram he did by hand is the one he is sending in. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 23 OF 31 Mr. Mehmood Mohiuddin stated that is the first one. They have been planning. Vice Mayor Dietz asked if that is the one he will be sending in with the application. Mr. Mehmood Mohiuddin stated that is correct . Vice Mayor Dietz commented that one does not cut it. He thinks they should hold off on this until they get all the answers and everything for the other and do it together. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT WE CONTINUE THIS ITEM TO MARCH 5TH AND THAT THE DEVELOPER BRING US LETTERS FROM ARIZONA DEPARTMENT OF TRANSPORTATION AND ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY SO THAT WE ARE SURE THAT THEY HAVE CLEARED BOTH OF THEIR AREAS, AND THAT WE GET A LEASE LETTER FROM ELKS, AND THAT WE GET A DIAGRAM THAT ACTUALLY SHOWS THE DIMENSIONS AND IS MORE EXPLANATORY THAN WHAT WE HAVE. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . (During the vote Councilmember Serdy commented he applauds the concept on this and would like to see it happen. It would add to the atmosphere of the town. He would like to see the bugs get worked out of this . He would like to see more detail. ) The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 24 OF 31 DIRECTION TO STAFF WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION ) Business Advocate Janine Solley briefed the council on the item. Councilmember Barker �.. commented on the downtown side she has maintained enhanced, available, commercial properties inventory. Business Advocate Janine Solley stated that is correct . Councilmember Barker commented this is something she is doing on both sides. Business Advocate Janine Solley stated that is correct . Councilmember Barker commented a lot of these cross over, which kind of shrinks the work. Councilmember Waldron commented using the Economic Development Action Plan and Team report is an excellent decision. It is a great document and a great bunch of people. She indicated she would coordinate with a unified business voice and she listed several of them. He thinks it is a good idea but asked how she is going to do that . Councilmember Barker asked if she could consolidate this . Business Advocate Janine Solley stated she thinks that if they can share their vision clearly with the business community, and get some of them to come on board, that may go a long way. We get a little bit fragmented when we have different groups that pop with actually similar goals . Her dream is to find that unified voice. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 25 OF 31 Councilmember Barker commented she needs to consolidate these groups if it is possible. Otherwise she has meetings with one group that brings up these ideas and thoughts and she discusses them with that group. The other group does not have the advantage of hearing those. The ability of being able to bounce their ideas off each other is not there and she is having to, in effect, re-invent the wheel every time she goes into a different group. Business Advocate Janine Solley stated many times they find a crossover. Councilmember Waldron commented there is a tremendous a:aount of crossover. It is just getting those groups together. Business Advocate Janine Solley stated it would be more efficient . Councilmember Barker commented they all have slightly different emphasis in what they are looking at and getting all of those ideas in the same room would take hours . After those initial hours, it would be a real interesting group of information to try to boil down and come up with something. She liked the work plan. Councilmember Waldron commented he found it really comprehensive. There was not a lot of fluff in between. Councilmember Barker commented she liked what she had done there . She had taken i their thoughts and ideas and put them in writing. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION: THAT THE PROPOSED ECONOMIC STRATEGY MOVE AS IT IS WRITTEN; AND THAT JANINE MOVE THROUGH IT AND GET THOSE SHORT TERM GOALS PRIORITIZED, ESPECIALLY REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 26 OF 31 MAINTAINING AND ENHANCING THE AVAILABLE COMMERCIAL PROPERTIES INVENTORY. THAT IS SO IMPORTANT. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. PROCESS FOR OBTAINING A PERMIT FOR A SPECIAL, COMMUNITY OR PRIVATE EVENT Business Advocate Janine Solley briefed the council on the item. Councilmember Waldron commented he answered yes to all of them. He asked, after reading through the definitions, if there had been a problem with some of that in the past or is this just kind of a reassignment issue. Business Advocate Janine Solley stated she thinks there has just been some questions about people who may have been contacted and they see it as normal, it is not really a promotion of their business and not necessarily a special event where we are requiring a permit. They do not feel it is really outside their normal business activity. There has been a little confusion. ,Staff asked itself the question of what is the value added if we are requiring a permit . The value added is we are making sure that we are addressing health and safety issues . Things outside of that left relevant do not really need our involvement if there are not health and safety issues . Councilmember Barker commented she is happy they are talking about the online wizard. When we went through this earlier this year, it was amazing to be able to start tearing down what was or was not a special event . That will work out really well once people get used to it and understand it . REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 27 OF 31 Councilmember Wilson commented he thinks it will release a lot of the fear of trying or the fear of actually putting something on. They are afraid of some hurdles that could not be overcome. Councilmember Barker commented it is also a timesaver. Some of the people we talked to were concerned about leaving their business establishment, spending hours at a counter, filling out tons of paperwork, et cetera, in order to have what they considered a fairly small, fairly routine thing. Hopefully this will offer a convenience. Councilmember Waldron commented he also likes the single point of contact . Years ago, when he got involved in the Veterans Day Parade, he had to go between the police department and development services . There was some confusion. Now it is a single point, but for many years it was not . It was very confusing and frustrating. Vice Mayor Dietz agreed that the single point of contact is very important . Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED 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 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 28 OF 31 PROCESS WILL NOT BE A SUBSTITUTION FOR A TAX LICENSE OR 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. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz commented there will not be an executive session or work session on Monday, February 18, 2013, because of the observation of Presidents Day. He MOVED 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 CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 29 OF 31 The motion carried. CALL TO THE PUBLIC: Mr. Jeff Watson, 2140 N. Warner Drive, Apache Junction, addressed the council to thank everyone for their help in getting the horse Destiny to her new home and to announce that Superstition Horsemens Association is hosting a candidate meet and greet on Wednesday, February 13 at 7 p.m. at the boys and girls club. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 35 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 15, 2013 . ACCEPTED THIS 19TH DAY OF FEBRUARY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF FEBRUARY, 2013 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 30 OF 31 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 5th day of February, 2013 . I further certify that the meeting was duly called and held and that a quorum was present. 4". Dated this 12th day of February, 2013 . /4.1;72') -71-, KATHLEEN CONNELLY t City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 31 OF 31 (1O City of Apache JuJurs Nome of the Superstition Mountains id 10* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 19, 2013 Agenda Type : Regular Agenda :,ouncil Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of employment agreement wtih city attorney effective February 24, 2013. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The city attorney is one of three positions that reports directly to the mayor and council They have negotiated a new employment agreement that gives new responsibilities to the city attorney and eliminates the prosecution role FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ contract �. ...► EMPLOYMENT AGREEMENT WITH CITY ATTORNEY THIS AGREEMENT is made and entered into this day of 2013 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and RICHARD JOEL STERN ("Employee") both of whom understand the following: RECITALS A. Employee was appointed City Attorney in August 1997. B. Employee serves at the pleasure of the City Council of the City of Apache Junction, Arizona ("Council"). C. Employee desires to continue to serve as the City Attorney and as the Apache Junction Water Utilities Community Facilities ("WUCFD") District Counsel. D. It is the desire of the parties to amend the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment; to make possible full work productivity by assuring his peace of mind with respect to future security; and to provide for terminating his services at such time as he may be unable to fully discharge his duties and when Council may otherwise desire to terminate his employ. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Employee as City'Attorney to assume the powers of and perform the functions and duties specified in the City Attorney job description on file with the Human Resources Division, as well as the WUCFD Counsel (hereinafter combined as the "City Attorney"function). SECTION 2. AT-WILL STATUS A. Employee shall fulfill the powers, functions and duties of City Attorney and shall serve at will in this capacity subject to the Termination provisions pursuant to Section 3, below. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Council to terminate the services of Employee at any time subject only to the provisions set forth in Section 3 below 1 C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Attorney, subject only to the provisions set forth in Section 3 below. D. Employee agrees to remain in the exclusive employ of City and further agrees neither to accept other employment nor to become employed by any other employer without Council approval, or until this Agreement is terminated. SECTION 3. TERMINATION I RESIGNATION A. In the event the City Council desires to terminate this Agreement with Employee, an affirmative vote of four (4) or more members of the Council at any regular meeting or special meeting is required. A lump sum payment equal to six (6) months of Employee's then current aggregate salary, the value of City paid dental and life insurance premiums for six (6) months, and also six (6) months' equivalent of City's 401A Profit Sharing contribution will be paid to Employee, in addition to all accrued vacation and sick leave at 100% value, plus the actual cost of full COBRA health benefits for the period of six (6) months. These amounts are deemed as fully earned at the time any termination decision is made official. Employee shall sign a Waiver and Release of all claims and causes of action against the City in order to process this pay out provision. B. In the event Employee resigns on his own volition, Employee shall be paid all of his accrued salary, vacation and sick leave, all at 100%value, but will not be paid any other payments as referenced in subsection (A). However, if he resigns, he shall give Council ninety (90) calendar days' written notice of such resignation. Council may choose to accept and effectuate his resignation before the end of the ninety (90) calendar day period, in which case it shall pay Employee a lump sum cash payment equal to his unpaid accrued salary, vacation and sick leave, all at 100% value, through and to Employee's initially announced last day. C. In the event Employee is terminated because of a conviction relating to any felony or loss of license to practice law in the State of Arizona, Council shall have no obligation to make any extra payment referenced in subsection (A) except for all of Employee's accrued salary, vacation and sick leave at 100% value. Coun'it reserves the right to suspend any payment referenced in subsection (A) while felony charges are pending, or during any proceedings which involve a felony conviction or which would result in the loss of the license to practice law in the State of Arizona. 2 SECTION 4. SALARY A. Effective February 24, 2013, City agrees to pay Employee One Hundred Thirty Three Thousand Dollars ($133,000.00) per annum for services, payable in installments at the same time as other employees of the City are paid. Employee and City may negotiate additional compensation and benefit terms as they deem fit at any time this Agreement is in effect, except that: 1) Employee agrees not to seek and be effective any contract modifications until after January 1, 2015; and 2) the Council shall conduct -- an evaluation of Employee starting in April of each year this Agreement is in effect. B. City shall also pay Employee any Cost of Living, Base Wage Adjustment or any other general increase which is passed and adopted by the City Council applicable to all City employees at any time when this Agreement is in effect. SECTION 5. AUTOMOBILE City will provide Employee with a late model automobile for all City-related business on a twenty-four (24) hour basis. The automobile may be used to drive to and from work, but not for personal use other than transportation to and from work. Due to the confidential nature of Employee's position, the Mayor and City Council hereby exempt this vehicle pursuant to A.R.S. § 38-538.03(B) from the marking requirements of A.R.S. § 38-538(B). The City will also provide, at no cost to Employee, insurance, registration, repairs and maintenance, and gasoline. SECTION 6. OTHER SUPPLEMENTAL BENEFITS A Vacation Leave. Employee shall on a Fiscal Year basis, accrue thirty (30) days of vacation (240 hours). On September 19' each year this Agreement is in effect, City shall pay Employee the equivalent cash value of Employee's then current hourly ra`e of any accrued vacation in excess of One Hundred (100) hours; notwithstanding, Employee agrees to take forty (40) hours before September 1" each year this agreement is in effect B. Sick Leave Employee shall on an annual basis accrue twelve (12) days of sick leave. In addition, on September 1' each year this Agreement is in effect, City shall convert two hundred fifty (250) hours of Employee's accrued sick leave into a lump sum cash payment and provide such payment to Employee at Employee's then current hourly rate. C. Notification. Employee shall notify Mayor and Council of any planned or unplanned absences from the office which exceed five (5) consecutive work days. 3 D. Other Benefits. All action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. City shall also pay Employee's annual state and federal active bar memberships. E. Professional Dues and Seminar Costs Within the departmental budget, ,,� City will pay for all seminars and educational programs which relate to municipal issues and those which assist the City Attorney in the performance of his duties. F. Deferred Compensation Employee may contribute to City's approved Deferred Compensation 457 Plan the maximum amount allowable under I.R.S. rules and regulations during each calendar year this Agreement is in effect. Per each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee an amount equal to the then current maximum allowable 457 Plan amount (under I.R.S. rules and regulations) into the City's approved 401(A) Profit Sharing Plan identified below. This City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan contribution the City has agreed to pay to Employee as otherwise set forth in subsection (G) below. G. ICMA 401(A) Profit Sharing Plan. During each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee Thirteen Thousand Dollars ($13,000.00) into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. H. Life Insurance Supplement. In addition to standard City-provided life insurance, City shall on August 15th of every year this Agreement is in effect reimburse Employee a supplemental life insurance annual premium not to exceed Three Thousand Dollars ($3,000.00). SECTION 7. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee and/or City. 4 SECTION 8. OTHER TERMS AND CONDITIONS Council, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation. SECTION 9. NOTICES Notices pursuant to this Agreement shall be in writing and be given by: 1) personal delivery by the party or their agent; or 2) deposit in the custody of the United States Postal Service, postage prepaid, return receipt requested, or private sector overnight or one-day service and addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Employee: Richard Joel Stern 2625 North Nodak Road Apache Junction, AZ 85119 SECTION 10. ATTORNEY FEES In the event it becomes necessary for either party to bring legal action to enforce any provision of this Agreement, the parties agree that the prevailing party shall be entitled to attorney fees. SECTION 11. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. No other promises, representations, warranties, or covenants have been relied on by either party in executing this Agreemeit SECTION 12. ASSIGNMENT This Agreement is not assignable by either City or Employee. SECTION 13. SEVERABILITY City and Employee 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 5 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 City and Employee as If such severance and reformation were not required. Unless prohibited by applicable laws, the City and Employee 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. IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. EMPLOYEE By: Date Richard J. Stern CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk 6 rf f �~L ✓ Ci o Apache �, o1a 2 f p Home of the Superstition Mountains .1 0NP Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 19, 2013 Agenda Type : Regular Agenda council Priority Focus Area. Required by Federal Law or State Statute TITLE OF AGENDA ITEM. Consideration of Resolution No 13-02, designating polling places and voting districts; appointing election boards and fixing their rate of compensation ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This resolution updates the number of members on the election boards at two polling locations. FISCAL IMPACT: Budgeted Expenditure OPTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo D resolution 13-02 FEBRUARY 7, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH• GEORGE R HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT. RESOLUTION NO 13-02 APPOINTMENT OF ELECTION BOARDS State law provides for the appointment of election boards for the March 12th primary election on or before March 1, 2013. The attached resolution designates the election board members, the polling places and voting districts,fixes the rate of compensation for the board members and allows the city clerk to designate a qualified substitute in the event a board member is unavailable This resolution also reduces the number of board worker appointments at Cactus Canyon Junior High School and Four Peaks Elementary School Previously there were double boards at these two locations but the number of city voters who are now using the Permanent Early Voting List(PEVL) to cast their ballots have made the double board unnecessary. Please let me know if you have any questions RESOLUTION NO. 13-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION. OgS WHEREAS, Arizona Revised Statutes S 16-201 and § 16-203 provide for the holding of a primary election; and WHEREAS, the call of election of the City of Apache Junction Primary Election to be held on March 12, 2013 was published from November 21, 2012 through November 24, 2012 and posted at the three official city posting locations on November 14, 2012; and NOW, THEPEFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ?1PAC9E JUNCTION, ARIZONA, AS FOLLOWS. SECTION I DESIGNATION OF POLLING PLACES AND VOTING DISTRICTS That Pinal and Maricopa County precinct designations be utilized. Voters residing within these precincts shall vote at the following locations: Precincts 40, 42, 43, 63 Superstition Mountain and Maricopa County 23 Elementary School 550 S. Ironwood Drive Apache Junction, Arizona Precincts 44, 46, 47 and Cactus Canyon Junior High 59 School 801 W. Sopthern Avenue Apache Junction, Arizona elk Precincts 45, 56, 57 and Four Peaks Elementary J8 School 1755 N. Idaho Road Apache Junction, Arizona As required by Arizona Revised Statutes § I6-565 (A) , the polls shall be open from 6: 00 a.m. until 7:00 p.m. RESOLUTION NO. 13-02 PAGE 1 OF 2 SECTION II ELECTION OFFICIALS AND THEIR COMPENSATION The election officials for the March 12, 2013 city primary election shall be appointed as set forth on Attachment A. If any election official shall fa1.1 to appear, the Apache Junction City Clerk shall appoint a qualified substitute . The rate of compensation for the election officials for the March 12, 2013 city primary election shall be as set forth on OmS Attachment B. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2X3. SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOIN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk I � APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-02 PAGE 2 OF 2 A. ATTACHMENT A PRIMARY ELECTION OF MARCH 12, 2013 PRECINCTS 40, 42, 43, 63, MARICOPA COUNTY 23 SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL INSPECTOR Pat Richmond (43) 3080 W. 16th Street (85120) Ink 982-0781 MARSHAL Pollyann Durenten (43) 2101 S. Meridian #120 (85120) 288-9912 JUDGE Harold Wallis (43) 2101 S Meridian #62 (85120) 288-7756 `JUDGE Eleanor Ostrich (46) 3301 S Goldfield #4032 (85119) 985-3631 CLERK Linda Roark (43) 2101 S. Meridian#121 (85120) 983-4475 "CLERK' Myrna Linker (56) 2900 W. Superstition #80 (85120) 983-8322 VOTER ID CLERK Lovona Henson (43) 1396 S. Hale Drive (85120) 440-6340 VOTER ID CLERK Theresa Daily (43) 2481 W Broadway#1 (85120) 288-7711 "ALTERNATE: Robert Ostrich (46) 3301 S Goldfield #4032 (85119) 985-3631 PRIMARY ELECTION OF MARCH 12, 2013 PRECINCTS 44, 46, 47 AND 59 CACTUS CANYON JUNIOR HIGH SCHOOL INSPECTOR Renee Marsh (44) 1000 S Idaho#116 (85119) 353-0674 MARSHAL Joseph LaGrasta (44) 1439 W 15th Avenue (85120) 671-9493 (cell) 612-5172 "JUDGE Carroll Jensen (43) 1116 S Grand (85120) 984-4471 JUDGE Teresa Dullum (44) 1000 S Idaho Road #476 (85119) 982-6053 CLERK: Joyce Spnngman (59) 3355 S. Cortez Road #24 (85119) 283-7207 *CLERK Lorraine Nunemann (43) 1507 S. Main Drive (85120) 982-3647 *VOTER ID CLERK Jodene Weeter (43) 1116 S Grand (85120) �• 984-4471 'VOTER ID CLERK Pat Ballock (40) 3700 S Ironwood Drive#183 (85120) 983-5303 ALTERNATE Jerry Springman (59) 3355 S Cortez Road #24 (85119) 283-7207 PRIMARY ELECTION OF MARCH 12, 2013 PRECINCTS 45, 56, 57 AND 58 FOUR PEAKS ELEMENTARY SCHOOL *INSPECTOR Twila Jones (42) 247 S. Ocotillo (85120) 907-8771 `MARSHAL William Kramer (44) 1000 S Idaho#332 (85119) 982-4937 'JUDGE. Loretta Dorman-Nielsen (40) 2540 W Hawks Eye Avenue (85120) 983-4199 JUDGE William Nielsen (56) 2900 W Superstition #33 (85120) 474-9409 'CLERK Jean Petzoldt (46) 3301 S Goldfield #4042 (85119) 981-2733 CLERK Claudine Nielsen (56) 2900 W Superstition #33 (85120) 474-9409 'VOTER ID CLERK Jo Kramer (44) 1000 S Idaho #332 (85119) 1 982-4937 'VOTER ID CLERK Sandra Cook (63) 900 W, Broadway#29 (85120) 602-339-2604 'ALTERNATE Twanette Densmore (47) 856 E. Friar (85119) 200-8370 ATTACHMENT B ELECTION BOARD PAY SCHEDULE Inspectors $13$!day Judges. Clerks and Marshals $I25/day Training Class $20 Indian language translator as reqwred by the Federal Voting Rights Act of 1965. S1501day ROLL CALL VOTE NOTES 00, P . a 1 / V 1/ 0\ )) ITEM # MEETING OF MOTION BY: SECONDED BY 17044V1 YES NO ABSTAINED l COUNCILMEMBER EVANS COUNCILMEMBER BARKER Jr VICE MAYOR DIETZ d/ COUNCILMEMBER WALDRON J/ COUNCILMEMBER SERDY J COUNCILMEMBER WILSON 11 MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY EFFECTIVE FEBRUARY 24, 2013; AND THAT RESOLUTION NO 13-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION, BE APPROVED. ACu • v _ City of Apache juctio n Home of'the Superstition Mountains 4. .N aiel Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: February 19, 2013 191):17 Agenda Type • Regular Agendac)r Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION OF A CHECK TO SUPERSTITION SEARCH AND RESCUE ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: Representatives of the Friends of Apache Junction and the Golden Sun Recreational Vehicle Resort's Activities Department will present a check for$1,000 to Superstition Search and Rescue (SSAR) for the purchase of night vision equipment Friends and Golden Sun recently co-sponsored a fund raising event to generate the funds SSAR supports the Apache Junction Police Department, as well as other law enforcement agencies upon request, by searching for lost hikers and residents. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNAT IVES: RECOMMENDATION: Staff respectfully requests that the Council observe the presentation and that Mayor Insalaco participate in a photo opportunity with representatives of the organizations. ATTACHMENTS: Click to download No Attachments Available tyACH yfio GO of Apache Jul._!ion z Home of the Superstition Mountains 4inz•No• Print TO: City Manager's Office FROM: Pat Brenner, Community Relations Manager DATE: February 19, 2013 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON HOME RULE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION. Staff will present on the Home Rule option FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available City of Apache Ju;. tion U 2 Home of the Superstition Mountains Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: February 19, 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: ATTACHMENTS: Click to download No Attachments Available AC ✓ v �o City of Apache Jur ion Home of the Superstition Mountains Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: February 19, 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: Staff will give an update on current state legislation that may effect local government. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Ku o ' City of Apache Juton Home of the Superstition Mountains ountains M Print TO: City Manager's Office FROM: City Manager DATE: February 19,2013 -- Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM• INTRODUCTION OF ASSISTANT CITY ATTORNEY ERIC YUVA ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Mr. Eric Yuva was recently hired to fill the position of assistant city attorney. His primary duty is to serve as the city prosecutor but will also assist the city attorney in other municipal matters when necessary. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available /\ PUBLIC HEARING 06\ 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY—APACHE JUNCTION BRANCH FOR A FUNDRAISING EVENT ON APRIL 27, 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. • Cty of Apache Ju1T tzon Home of the Superstition Mountains 4QtaoNp Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 19, 2013 Agenda 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 THE BOYS AND GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH FOR A FUND RAISING EVENT ON APRIL 27, 2013 AT 3301 SOUTH GOLDFIELD ROAD. ACTION REQUESTED: Recommendation for Approval DISCUSSION ! BACKGROUND INFORMATION: This event will be held at the Dolce Vista Community Center ballroom 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: .ECOMMENDATION: ATTACHMENTS: Click to download D cover memo D application ❑ applicant letter D department memo ❑ planning recommendation D pd recommendation U fire district recommendation FEBRUARY 7, 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 19, 2013 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR BOYS & GIRLS CLUB OF THE EAST VALLEY—APACHE JUNCTION BRANCH An application for a Special Event Liquor License has been submitted by Ms Laurie Armstrong of the Boys & Girls Club of the East Valley — Apache Junction Branch for a fundraising event to be held on April 27, 2013, at the Dolce Vista Community Center ballroom, 3301 S. Goldfield, 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 & COI*TI8NED CITY CLERK DEPT. 800 W Washington 5th Floor Phoenix,Arizona 85007-2934 . 7013 JAN 22 PM 2: 52 (802) 542-5141 Lire' (iFi: '.0 EJU. CT10„ APPLICATION FOR SPECIAL EVENT UCENSE 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) 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 DLrs^ USE ONLY Department of Liquor Licenses and Control. (Section 620) LICENSE # 1. Name of Organization Boys&Gide cLios of the East v.e.y Apar:he.k.,t.eu,Brunch 2. Non-Profit/I R S. Tax Exempt Number 3 The organization rs a (check one box only) p Chantable ❑Fraternal (must have regular membership and in existence for over 5 years) ❑Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event?❑✓ on-site consumption Doff-site consumption (auction) ❑ both Fund Raising Event 5. Location of the event 3391 S,Goldfield Road Apectle 3unctsor Etna et.19. Aedress o`irnsical iocat o"(Not P 0 Bout) City Canty Zi? Applicant mart be a member of the uualffvinn orcwrtkation end authorized by an Officer.Director or Chairperson of the Oroattlzat!on narnedln Question 011. (mature moulted In sectfon#J) 6 Applicant Arrnsticag Lauree E. 12.e,-19 6 Las: First Mi ddie Date of Binh 7 Applicant's Mailing Address' P a Box 3.463 Aped*.1x+ctior AZ e51+7 Street City Stitt 6 Phone Numbers (41,0 J 992-e381 (480 ) 8e2.&35i (8213 ) 865.5321 Site Owner* Applicant's Business# Applicants Home i 9 Date(s) & Hours of Event (see A R.S '-244(15)and(17)Far legal hours otservroe) Date Day of Week Hours from A M.1P M. To A MJP M Day 1' 4/27/2013 Saturday 4:00 P.M. 11:p0 P M Day 2. Day 3. Day 4' Day 5. Day 6' - Day 7. Day 8 Day 9 Day 10 'Disabled tnds ideals requiring special accommodations,please call(602)542-9027 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) 11. 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?DYES [J✓ NO If yes,attach a copy of the agreement. 13. List all people and organizations who will remove 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 Boys d Gets CJbe of me East Valley-Apacrc Junction Brims t oc Address 1755 N Ideho Road,Apache Junction,AZ 85119 Name Prssrepr Address SAttach add+bonal sheet if necessary) 14. Knowledge of Arizona Stabe Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the or th.s 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 AL OHOLIC BEVERA AVE.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 it app,icable) #Police []Fencing #Security personnel Barriers 16 Is there an existing liquor license at the location where the special event is being he.d? []YES ✓[]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? ❑YES []NO (ATTACH COPY OF AGREEMENT) 1 Name of Business Phone Numoer 17 Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your ±icense. The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barricades or other control measures and security positions DI GRAM SPECIAL.EVENT UCENSED PREMISES application)A (This diagram must be comp leted with this dimensions,serving arcs,and label type of enclosure and security positions) NOSE Event p est {Show hway,or road if location doesn't have en address. ND Show nearest Cross streets,hig L • i 1 . I ,rrC 6q.TE .---,- -- .. -----------1 i 1; i I i IP: y f i -5\ 1 , i / p i kin 1 c , �' < ' ,,..) i x 1 c 1 e4 E 1 i \\ Q cl,, ‘--C g I 3 I i f 7. r cv r-ice4L ,A'A i , Z.' t7N N -i .,.ram - THIS SkCTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION d'l 18 i Ramon Bias declare that I am an MilladIltd2dglainengnaMaIrtang the (Print full name) apppc an listed in Question 6,to apply on behalf of the foregoing organization fora Speaai Evert liquor License_ X s ,N---1 f�� President /-/6 -/3 coo ) 6204960 ,,,.r; t:IALSEAL (The/Position) (Date) (Phone A) '�!`!% DIANE E.SHERWOOD r� 1 r -NOTAAY PUBIS-Sfa1611;ss'vk Ill 4 C I C C 179 County of 4-1 ( 7-0 ,1 q ';��p; MARICOPA COuNT+' The foregoing instrument was acknowledged before me this Comm E liCemDe r 2,7E AO"\ I tip 1-`� tx►�u,rl, � G 1 Day Ural Veer My Commission expires on ) . I It ) I ( (...1.._._L+ c1_-4,,-.4___ +'- \ L,_ r-•,- -I_ (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN_QUESTION#S 19 I. La"!EAM/strung declare that I am the APPLICANT filing this application as (Print full name) listed in fluesbon 6 I have read the application and the Contents and all statements are true,correct and complete r f State of ,4 Y r -(_ G-=rt c\ County of r l j°� v C r' �i X LL 5.:..-� `4 Li,:i r,J �,e�kL The foregoing instrument was acknowledged before me this Ifsiocatast in".,,,.,., OFFICIAL SEAL rjCI DIANE E SHERWO D -04'\ Mom' Year z►OTARY C Ste n,kr'4.,• i My comet. nes oM ar^ t ►///!i - ( l',_ •_:..s L,-r_-.�_ ; •.. ,_�,, e;_ .,_ vino. u,corm -'' ?.,. tSignehrre of NOTARY PUBLIC) YOU must nblairLJgcal government approval. City or County MUST recommend event and comoleetta item 1 0 The local oovrerninv body may reaulre additional applications to be completed and submitted I10 diva In advance of the event Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20 I, ' hereby recommend this special event application (Government Oftcsaq (Title) on behetf of (City;Town or County) (Signahxri of OFFICIAL) (Date) .••. FOR DLLC DEPARTMENT USE ONLY Department Comment Section* (Employee) (Date) LTAPPRODED ' DISAPPROVED BY ... (Thiel (Distal February 7, 2013 Boys and Girls Club of the East Valley —Apache Junction Branch Attn: Laurel Armstrong P O. Box 3463 Apache Junction, AZ 85117 Dear Ms. Armstrong Please be advised that your application for a Special Event Liquor License for the Boys and Girls Club of the East Valley — Apache Junction Branch for April 27, 2013 at 3301 S. Goldfield Road has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on February 19, 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 Arizona 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 JANUARY 29, 2013 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR BOYS AND GIRLS CLUB OF THE EAST VALLEY — APACHE JUNCTION BRANCH Mr. Laurel Armstrong has submitted an application for a Special Event Liquor License for April 27, 2013 at 3301 S Goldfield Road, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Wednesday, February 6, in order for this item to be placed on the agenda for the City Council meeting of February 19, 2013. AM\ Aloft. Janet Mason From Rudy Esquwias Sent: Monday, February 04,2013 10:26 AM To. Janet Mason Cc: Jeff Robinson, Brad Steinke Subject FW special event liquor license for Boys and Girls Club Attachments: 2013 boys&girls club april department memo.pdf;2013 boys&girls dub apnl application.pdf, AVG Certification txt;AVG Certification.txt Jan: The Planning Division has no objections to this one time event for the Boys and Girls Club These events have been held at Golden Vista in the past,and no complaints or issues of concern have been expressed to Code or Planning eit4 cf S4aivia 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 00am tc 6:00pm, closed Fridays and Holidays ) .7t'�-r j irk s DI. , Apache Junction Police Department ` _ y` \;•-.4.J'e Memorandum '- Tr{�1: DATE• 02/07/2013 TO. Li Robinson THROUGH FROM: Sgt Durkin SUBJEC1 Bois&Girls Club Event Sir. I contacted Pat Evrich.at Dolce Vista,regarding the Boys&Girls Club Event.She showed me the ballroom and told me the event would be a'repeat'of last)ears event Dolce Vista is a gated community. %ith a maned guard station The building facility is excellent and very well maintained. I did not see any challenges with this request. I ' AM lh, A.. e Diatrict Ace � '� w4't in�Oqa e'di 0E J ANC'� . 1� °�tnissio� Mi'Or a4 ,;;� Apache Junction Fire District °° -rrr ! 565 North Idaho Road, Apache Junction, AZ 85219 ��EDIslR`` :, Phone (480) 982-4440, Fax(480) 982-0183 Aft b. MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E. Idaho Road Apache Jct,AZ 85219 FROM John Suniga, Deputy Fire Marshal --- DATE: February 4, 2013 SUBJECT Application for Special Event Liquor License for 3301 S. Goldfield The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 3301 S Goldfield for an event to be held on April 27, 2013 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 ATTN Application /kik ROLL CALL VOTE NOTES: riii)0}/ _ f NI)). 1111;1))/0 Ukr 6 V 11) ITEM # MEETING OF 'ONMOTION BY SECONDED BY• YES NO ABSTAINED COUNCILMEMBER WALDRON I COUNCILMEMBER EVANS COUNCILMEMBER SERDY ✓/ COUNCILMEMBER BARKER .✓ COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH FOR APRIL 27, 2013, SUBMITTED BY LAURIE ARMSTRONG, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. /•cu a Oy of Apache Jur7'ion Home of the Superstition Mountains 4• .*t M Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: February 19, 2013 .-.Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto This item is identified in the Fiscal Year 2012-2013 City Council Work Plan. FISCAL IMPACT: )PTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ... ... ... ITEM NO. 11 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ON ROLL CALL VOTE ;t/fJk NOTES: 2 lt, ✓ S 3144 ,....„ 1 2.))) `' ) ITEM # \ 1 MEETING OF MOTION BY SECONDED BY bitA.,\ // YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ V COUNCILMEMBER EVANS I COUNCILMEMBER WILSON COUNCILMEMBER WALDRON J ) COUNCILMEMBER BARKER ✓ MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12-13 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, MARCH 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, MARCH 5, 2013, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: aO1 I MOVE THAT THE MEETING BE ADJOURNED AT DI PM sank. ROLL CALL WS: REG: I I SPEC: CITY COUNCIL P I A P / A P I A MAYOR INSALACO , �f VICE MAYOR DIETZ COUNCILMEMBER BARKER V COUNCILMEMBER EVANS COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL CITY STAFF: City Manager George Hoffman t/ Assistant City Manager Bryant Powell City Clerk Kathleen Connelly 1/ City Attorney Joel Stern V 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 Busby OTHERS: ( 1� Date: 6 2 / / 3 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ Non Only If Necessary ❑ r ❑ I am in favor of the proposed Item. `❑ I am opposed to the proposed Item. c1 is-t- 2 L - 6ni c "I ,t-- ,," Name (Print) 7 sPH .A° c b 4 Z.)-7- d237 zo Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. ) Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be au ' nd/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the I' elih od at eir im ge will appear on cable TV and the Internet video stream showing their participation 1. Sig ature of P nt/Guardian Date 02/23/12