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2013 03.19 City Council Regular Agenda
PLEASE FILL OUT A"R. JEST TO SPEAK' FORM IF YOU WISH TO ADS _SS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM EACH Gym ,: City of Apache Junction Home of the Superstition Mountains 44)1zOS* APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA March 19, 2013 7:00 PM A CALL TO ORDER. e 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 March 5, 2013. 3 Proposed Resolution No 13-03,declaring and adopting the results of the primary election held on March 12, 2013. The primary election was held on March 12,2013 State law requires that the council convene not less than 6 days nor more than 20 days following the election for purposes of canvassing the returns of the election. This item gives council the opportunity to approve the results of the election. 4 Ratification of Department Director Appointment. As required by Chapter 3 of the City Code of Apache Junction,the city manager is seeking ratification of Giao Pham for appointment to the position of Public Works Director. 5 Consideration of the proposed change to the Indian Community State Shared Revenue Program.Nonprofit Participation Policies Current language in the policies inadvertently prohibit some nonprofit agencies from being considered by the council for"sponsorship" for tribal funding Such organizations meet all the other requirements of the policies but they do not have a physical presence in the city Staff is respectfully recommending that the city council consider an amendment to the policies 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 None F ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location .r.. ,.\ 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 6 MANAGER'S REPORT. 7 LEGISLATIVE UPDATE. Staff will update the city council on current legislative issues that impact the city 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.AU., remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5) minute: :ss additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council None 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 8 PRESENTATION AND DISCUSSION ON CITY MANAGER APPOINTED ART COMMITTEE RECOMMENDATION. On September 14,2012,council directed staff to have the city manager appoint a broad-based citizen committee with 5-10 members with the purpose of having the committee explore and bring concepts for public art to the city council. The committee submitted their first recommendation to the city manager and staff would like to brief council on the report and recommendations. 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: 9. EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7'00 P.M FOR MONDAY,APRIL 1,2013 10 EXECUTIVE SESSION AT 5 45 P M FOR TUESDAY, APRIL 2, 2013 OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda.All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may,at the conclusion 1) respond to criticism by a speaker, 2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address.There is a three(3) minute time limit per 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 30%. _ast Superstition Boulevard,Apache Junction,..c Monday through Thursdays,7 OOa—6 OOp,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time _ CITY COUNCIL REGULAR MEETING MARCH 5, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 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 Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Assistant to the City Manager Matt Busby Others Present : City Magistrate James Hazel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 1 OF 31 ACCEPTANCE OF CONSENT AGENDA Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE COMBINE AGENDA ITEMS 6 AND 7, AND SUSPEND THE VOTE ON AGENDA ITEM NUMBER 6 UNTIL AFTER THE VOTE ON AGENDA ITEM NUMBER 7 . Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Assistant to the City Manager Matt Busby gave an update on the current state legislation that may affect local government . Assistant to the City Manager Matt Busby introduced Representative Doug Coleman. Representative Coleman discussed legislative items of importance to the city. Councilmember Barker asked what the feeling is on the LTAF bill. Representative Coleman stated he believed there is a desire on the part of most legislators to try to restore the funding that has been swept in the past . They need to make sure everyone hears that message. He was surprised how many people there have municipal ties . They understand the city positions and how Ao.,. things work at the city level. There are others that honestly believe there are only two levels of government - federal and state - and that state government is supreme to everything. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson read an announcement from Ed Grabak, District Manager for Superstition Mountains Community Facilities District, regarding guidelines to help the sewer district to further their composting of excess byproducts from facilities . REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 2 OF 31 Councilmember Evans announced last weekend there was a huge state land clean-up effort with Pinal Partnership Open Space Committee, the parks and recreation department and Superstition Area Land Trust from Meridian to Delaware on Lost Dutchman. CITY MANAGER' S REPORT Aft, City Manager George Hoffman read letters on the Superstition Sleepover and another complimenting the parks and recreation department, and commented on building the relationship with the Chamber of Commerce. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC/DISCUSSION ON A PROPOSED SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY AND OWNERS OF THE HITCHING POST ) City Clerk Kathleen Connelly briefed the council on the permanent extension of premises item. Mayor Insalaco requested the applicant address the council . Mr. Mehmood Mohiuddin commented at the last meeting the council requested some ,... supporting documents from Arizona Department of Transportation and the Arizona Department of Environmental Quality. They have been provided to the city and should be in the packet . He added additional documents on the traffic at daytime and nighttime. He would like to have the business extension and would be bringing more employees into the city. They will generate more revenue for the business and be successful in this town. He thanked the council for its help and appreciation in the past . He is trying to figure out the best way to generate revenue. The gas station no longer exists and they are trying to figure out how to survive. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 3 OF 31 Mayor Insalaco opened the public hearing on the item. Mr. John Hetzel, 3709 E. Derringer Way, Higley, addressed the council . He is the stock contractor that will be providing the cattle for this if the city passes it . He would like to answer any safety questions or others regarding this issue. Councilmember Barker commented in reading his letter, he mentioned that the format for this is used at four other places . She asked what the area around those venues is like, such as open space or high traffic. Mr. John Hetzel stated most of the places, like the Buffalo Chip, have businesses surrounding them. The Buffalo Chip is on Cave Creek Road, which is a pretty busy highway. They seem to be doing fine. They do not have any turning lanes or anything like that He also fights bulls and goes up there to fight bulls . Mayor Insalaco asked if the ring was located on the property near the street, in the middle or towards the back of the property. Mr. John Hetzel commented it is closer to the back. Mayor Insalaco commented it is not near the highway. Mr. John Hetzel stated it is not. Councilmember Serdy asked if it is always in the evenings or is it in the daytime. Mr. John Hetzel stated they are in the evenings . Councilmember Evans asked if any of the other venues back up to a residential district at all . REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 4 OF 31 I Mr. John Hetzel stated there are a couple of houses in the surrounding area of the Buffalo Chip. They are up on the mountain Councilmember Evans asked if they are right across the street. Mr. John Hetzel stated they are not. It is all businesses for the most part . There is another place in New River, the Roadrunner, that has houses around it. Rawhide is out by itself, but they also did the bull riding at Rawhide when it was in Scottsdale. There were quite a few homes around that, too. Councilmember Serdy asked if they have six foot fences or higher. Mr. John Hetzel stated usually for bull riding the fence is about 6 feet. Councilmember Serdy asked if it would be a hindrance if the fence was higher. He asked if people would still be able to watch it . Last time there was some concern about the height of the fence. Mr. John Hetzel stated if they go to any website that makes rough stock panels or portable arenas for rough stock, the panels are made at 6 feet . Seven foot fences can be specially ordered. Ms . Theresa Falzone stated she believes they should do everything they can to help the Hitching Post stay in business . They need to stop nitpicking at things so that we can keep him in business, add the employees and get the revenue. Mr. Slim Meyer, 2200 N. Delaware #49, Apache Junction, addressed the council . He thinks that with the old west history around here and the number of people who love bull riding and horses, the bull riding would be a good thing for the city. It would be something to keep the Old West alive . Some of the other towns around are losing some of their Old West history. He thinks it would benefit the city REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 5 OF 31 0. and keep it on the map. It would make the city a place to visit for winter visitors and people across the country. Mr. Mark Therins, 4979 E. Pioneer, Apache Junction, addressed the council . Anything we can do to enhance everything about the city will bring people, money and jobs to the city. He thinks they, as a city, need to do anything they can to enhance the city. It is not acceptable — to a lot of people to say they cannot do this at this time. He is a tour bus driver and the people on his bus think Apache Junction is the top of the world. He listed the various attractions in the area. Mr. Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council . He stated some decisions are not easy and this is a tough one . He encouraged them to base the decision on facts, rule of law and how the applicant fulfills those. It is not a popularity contest. If the applicant meets all the criteria that the city has required, he should have every opportunity to succeed or fail . He lives out there and it will be a distraction, and distractions are a problem. Distractions cannot be eliminated. Traffic accidents are drivers' faults . They need to look at this issue only and make the decision based on that. Mr. Mark Theisman, 2395 N. Cortez, Apache Junction, addressed the council . He lives directly behind the Hitching Post . He is a frequent customer and wishes them luck. However, he and his neighbors are concerned about the parking. He may not be able to leave his house because of cars parked in the front yard because of — overflow. They are also concerned about the noise factor and he asked what the hours would be for the band to be playing. He has read the band will be playing inside and the bull riding will only take place for 20 minutes during intermissions . He wanted to be know if they would have free rein to stay open until 2 : 00 a.m. or 3 : 00 a .m. He thinks it is a wonderful thing and it could be a good thing if it is managed correctly. However, none of them want to see their property values go down and he does not want to see a war start between the neighbors and the Hitching Post. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 6 OF 31 Mr Jim Kunkle, 2304 N. Cortez, Apache Junction, addressed the council . He represented the storage facility. His concerns are sanitation, trash and parking. His clients will need access to the storage facility. The main traffic times are weekends, early mornings and late at night . He is afraid traffic will block access to his facility. They are just east of the Hitching Post . The Hitching Post business may interfere with his business, but he believes they Amok could be compatible in the future. He does not think rodeos belong there. Mayor Insalaco closed the public hearing with no one else wishing to speak. He opened the items to further discussion. Councilmember Barker commented Rudy Esquivias did a follow up after the last meeting. According to that follow up, Mr. Mohiuddin stated that he had talked to the Elks about the council' s request for a more formal lease agreement for parking, but because of their nonprofit status the Elks cannot enter into a lease agreement as it would be a for profit activity. She asked if he has a lease agreement. Mr. Mehmood Mohiuddin stated they do not want to provide a lease agreement because they would be generating revenue and defeat the purpose of a nonprofit organization. The Hitching Post and Elks Lodge work together on several charities; that is why they allow us to park the vehicles over there. .N.. Councilmember Barker commented they are not going to pay for this . Mr. Mehmood Mohiuddin stated they are not. Councilmember Barker commented he has a letter here that says the Elks Lodge has agreed to lease to the Hitching Post the lower parking lot . This can be terminated at any time. There is no time limit on this . They could terminate this tomorrow and he could not do it anymore. She asked if that was correct . REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 7 OF 31 Mr. Mehmood Mohiuddin stated the wording is possibly for the lease mentioned. He is not sure why because they told him that anytime they have overflow parking they will be allowed to park there. When they sent the letter, they put the lease on it. Councilmember Barker asked if he could see her concern. If they are just saying go ahead and use their parking spots, and tomorrow they say they say their members do not like it and are not happy with what is going on, then he loses that parking. Mr. Mehmood Mohiuddin stated that is correct . Councilmember Barker commented it could be overnight during the bull rides - gone. The second question deals with Mr. Kunkle' s area . When she spoke with him last, he said he was seriously thinking of terminating his agreement due to the change of venue. She asked if he had spoken with him today. Mr. Mehmood Mohiuddin stated he had not spoken with him. They have been leasing his lot for the last two years . There are always empty parking spots by the entrance gate. There is no traffic and no parked cars . Traffic goes in and out from their facility. They have not had any problems for the last two years blocking their gates or their access. Councilmember Barker commented that is not what she has been told. She has a problem here. If Mr. Kunkle decides to terminate that parking lease, he has no way near the number of parking spaces he will need for this kind of enterprise. He needs parking spaces. Mr. Mehmood Mohiuddin stated that is correct . He wanted to bring to the attention of the council and the city that he is rolling the dice for this business . He does not know if he will have 20 people or 100, 000 people. They are guessing about the issue. If the parking lot issue comes up, he is in business on that location. The city and police will be watching If there is a problem that comes REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 8 OF 31 up in the future, he will figure dut how to fix the problem in order to have people come again. He is hoping he can fill up 2 or 3 parking lots, but he does not know that . He is rolling the dice for his business to be successful in this place. Mayor Insalaco asked where the parking lots are going to come from. Mr. Mehmood Mohiuddin stated he will purchase them. If he sees that he cannot handle it, he will close it down. He has no other location. Mayor Insalaco commented he stated he would close it down. Once the council grants the liquor license, it is in place forever, whether the bull ring is there or not . The extended liquor license would be for that whole area and people can be walking around with a bottle in their hand. He has a problem with that . Mr. Mehmood Mohiuddin stated then they do not have to extend the liquor license to the bull riding arena . He will not have people drinking in that area. He will enclose the drinking at the back on his property. He can put a sign up stating no alcoholic drinks beyond this gate. Mayor Insalaco commented he stated he had documents from Arizona Department of Environmental Quality. He has not seen anything. Councilmember Barker stated they are in the back of the packet, but she has some questions about them. According to these documents in Section 14, it says that tanks 1 and 2 are temporarily closed. Temporarily is the operative word. There is no extinction for them to remain temporarily closed. She is confused and she will be nitpicky. It is her job. Her job is to be nitpicky when it comes to safety, environment, et cetera. She asked if these are truly temporarily closed or are they permanently closed. According to the documents it is temporary. Mr. Mehmood Mohiuddin stated Arizona Department of Environmental Quality requires the tanks to be siphoned out and filled them up with carbon dioxide REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 9 OF 31 There are no fumes left for someone to light up a cigarette and have the fumes burn down anything. Councilmember Barker commented she can see that. Mr. Mehmood Mohiuddin stated they can fill them with sand or foam and then they cap the tanks . Then Arizona Department of Environmental Quality will go back and check the records for 10 years to see if there was any leakage on those tanks . If they have no record of leakage during the inspections, which are done every six months, then environmentally they have completely passed the tests . It is then up to Arizona Department of Environmental Quality, for 2 years, 5 years or 10 years, they can come back and check it again. They can dig up the ground in the surrounding area to take out dirt samples to determine if there is any leakage or any fumes found. They send them to the lab. If they find out there is a problem they will take the tanks out and they provide a solution for how they are going to fix it . If there is no leakage or anything going on, Arizona Department of Environmental Quality does not have any concerns after that . They will then issue a letter that it is permanently closed. Councilmember Barker commented he appears to be saying that the label of temporary is up to Arizona Department of Environmental Quality, not him. Mr Mehmood Mohiuddin stated that is correct . Councilmember Barker commented they will continue to check to make sure they are environmentally safe. If they have a problem at some point, then he, not Arizona Department of Environmental Quality, would have to dig them up. Mr. Mehmood Mohiuddin stated that is correct . Councilmember Barker commented she now understands the forms that he submitted. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 10 OF 31 .401.4 Mayor Insalaco commented he will be putting a fence up around the outside. Mr. Mehmood Mohiuddin stated that is correct . There will be a fence around the outside, not the bull ring. Mayor Insalaco asked how high the fence would be. Mr. Mehmood Mohiuddin stated whatever the city feels is safe; it could be 7 feet or 8 feet . If the fence is not sufficient, he could put up a block wall. It will be whatever the city feels would be safe for the traffic and the public. Councilmember Serdy commented he said that if it does not work he would shut it down. He asked if he would be shutting down the whole business . Mr. Mehmood Mohiuddin stated if it does not work there is the possibility he would be closing his doors for both locations, the Hitching Post and the Dash In. Councilmember Serdy commented there would not be an open liquor license there. Mr. Mehmood Mohiuddin stated he would have to sell his liquor license or the state will put it on the shelf. There are four types of licenses available in Pinal County. There is nobody opening up restaurants and bars . For example, Garfield' s closed down about a P year ago. Another closed down and burned out; they are now reopening it again. He met with the owner of Spirit yesterday. He had called to ask if he wanted to purchase his equipment as March 31 is his last day; he is closing the business . He offered his tables and chairs and any of his equipment . The economy is so bad people are not surviving. Businesses are shutting down. Licenses are available. The licenses used to cost $70, 000 to $80, 000. Now a license needed to open a business can be bought for $15, 000 or $20, 000. No one wants to open up those businesses anymore. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 11 OF 31 Mayor Insalaco commented he is saying that he is depending on the bull ring to keep him in business. Mr. Mehmood Mohiuddin stated he is hoping. He is rolling the dice on that. Mayor Insalaco commented he ....., is not charging admission. Mr Mehmood Mohiuddin stated he is not charging admission. He wants to bring the people in, have them watch the bull riding, purchase food and drinks and bring his revenue up. Mayor Insalaco commented there will be three 20-minute breaks a night . Mr. Mehmood Mohiuddin stated that is what he was thinking about. They could also set it up to start at 8 : 00 p.m. for one hour of bull riding or forty-five minutes of bull riding. After that they are done, everything is cleared and they have the regular business that they normally do on the weekends . Councilmember Serdy asked if this is going on every night . Mr. Mehmood Mohiuddin stated it will only be on Saturday nights. Councilmember Waldron asked if he would address the legitimate concern of the neighbors behind the business . He asked how it would be mitigated so that they would not have their home life disrupted. Mr. Mehmood Mohiuddin stated their concerns are valid. There will not be any music played outside so there will not be loud music bothering the neighbors . It will be inside as it normally is throughout the week. The bull riding 8 : 00 p.m. , 8 : 30 p.m. or 8 : 45 p.m. for just one hour. That should be enough time and people would not be sleeping at that time. They do not want to bother the neighbors . They have REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 12 OF 31 been there for three years with music and have never had a complaint about the noise. If they are concerned or there is a problem, they will fix it. They will make sure the neighbors are satisfied and have no problems. He will personally go back and talk to those neighbors to see what they need and what should be done to make sure that they are not bothered by this . Councilmember Waldron ^ commented he would have hoped that he had already talked to them by now. Mr. Mehmood Mohiuddin stated there are several people who live behind it . They came to him wanting him to start a petition to sign. He refused, stating he was not going to fight or petition against something. He is there to survive and if there was anything he could do to help them or make things more comfortable for them, he would do so. He is not against anybody. He is there to make his living and that the people of Apache Junction are happy with that . If they have any concerns, he will take care of them. Councilmember Waldron asked if there are sufficient parking spaces for the businesses that exist today without the Elks and without the parking from Zion' s. Mr. Mehmood Mohiuddin stated they lease the parking area right now during the winter season. Councilmember Waldron commented he does not care about cars, he cares about spaces. He asked if there are sufficient spaces to meet city code without the additional parking lot. Mr. Mehmood Mohiuddin stated they do now, but when they open the bull riding arena he cannot say how many they will have. Councilmember Waldron asked the senior planner if there are sufficient parking spaces for the business without the Elks and without Zion' s . REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 13 OF 31 Senior Planner Rudy Esquivias stated the development agreement that was approved based on the site plan had 38 parking spaces that were intended for the use of Dash In and the Hitching Post Restaurant, and that was with an administrative 10% reduction from the number that would normally be required. Vice Mayor Dietz commented .•. they have already dropped that 10%. Senior Planner Rudy Esquivias stated the proposed site plan that includes the bull riding arena deletes about 18 of those parking spaces . Unless there is parking made up elsewhere it would be quite deficient from the normal parking standards . Councilmember Waldron commented parking is going to be an issue. He does not have anything from the Elks saying he gets so many parking spaces . He is eliminating 18 parking spaces and this is a concern. Now we come back to the neighborhood. He has people parking in the neighborhood and wherever else . If he loses those from Zion then he does not have adequate parking space for the bull riding arena. He would be down to 20 spaces . That is a concern. Mr. Mehmood Mohiuddin agreed that it is a concern. He has been using the lot at Zion' s for three years . In the winter quite a few people come down and they fill about half of the Zion parking lot . That would be from 5 p.m. to 8 p.m. After 8 p.m. everyone has gone home. It is not a full-fledged bar. They are a restaurant where families ,,� come to dine. By 9 p.m. there is no one there. They can come and personally check it out They close at 9: 30 p.m. By 10 : 00 p.m. they are gone. They have business come in on the weekends As soon as the winter visitors leave, March 15 through March 30, his business drops down 80% . For the remaining 20% they sit, keep lights on and the doors open They then wait for the winter visitors to come back so they can make their revenue on them. They are trying to make revenue for the summer. That is their goal. That parking lot in the summer is completely empty. Hardly anybody parks in that location. He has filled that lot and the Elks' lot . They are doing his business a favor. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 14 OF 31 . City of Apache Junction Page 7 of 7 March 12, 2013 Primary Election Statement of Votes Cast Prop 100-City of Apache Junction Reg Voters Vote 'Total Votes YES NO For Junsdxtmn W rdc CITY OP APACHE Jl1*CTION(CAC'Cti4(ANVON JR 1IIOHJ-PRE('If(s) 44,01146 02147 01 l 47 02 Polling 6582 1 147 120 81639. 27 18 37% Each 6582 1 1(165 845 79 34+ 220 20 66% Provisional 6582 1 8 8 100.00% 0 000% Total ti5*2 3 1220 9'73 79 75% 247 20 25% CITY OF APALHE JUNCTION(SUPERSTITION MOUNT MN Ll EMENTAKY(-PKLC 9Cs) 40 02 t 42. Polling 5752 I 77 63 81 82% 14 IS 18% l.arly 5752 1 1053 799 75 88% 254 24.12*l% Provisional 5752 1 5 5 100.00% 0 0.00% Total 5752 3 1135 867 76 39% 2.68 23 61% CITY Of APACHI-JUNCTION(FOUR PEAKS ELEMENTARY]-PRIM'rt{s)45 02!56.02 l 57 02/58 0' Polling 3609 I 93 77 82.80% 16 1720% Early 3609 I 541 409 75 60% 132 24 40% Provisional 3609 1 6 4 6667% 2 33.33% Total 36119 3 640) 490 76 56% 150 23 44% Total Polling 15943 3 317 260 82 02% 57 17 98% Early 15943 3 2659 2051. 77 21% 606 22 79% Prpv.a"ionll 15943 3 19 17 89.47% 2 10.53% Tonrt 15943 4 2995 2301 77I0% 665 22.20S'. ,k � G yr City of Apache Junction Uf 2 Home of•the Superstition Mountains Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: March 19,2013 Agenda Type • Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM• Ratification of Department Director Appointment ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION. As required by Chapter 3 of the City Code of Apache Junction, the city manager is seeking ratification of Giao Pham for appointment to the position of Public Works Director FISCAL IMPACT: OPTIONS/ALTERNATIVES "ECOMMENDATION: ATTACHMENTS. Click to download No Attachments Available 04 z ff rion Nome of the Superstition Mountains 4Q1ZON Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: March 19, 2013 Agenda Type : Regular Agenda Council Priority Focus Area Revenue Development TITLE OF AGENDA ITEM: Consideration of the proposed change to the Indian Community State Shared Revenue Program Nonprofit Participation Policies. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Current language in the policies inadvertently prohibit some nonprofit agencies from being considered by the council for "sponsorship"for tribal funding Such organizations meet all the other requirements of the policies but they do not have a physical presence in the city. Staff is respectfully recommending that the city council consider an amendment to the policies FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends adoption of the proposed amendment to the policies ATTACHMENTS: Click to download D Staff Report D Indian Community State Shared Revenue Non Profit Participation Policies pPpCkE✓ ,:. i City of Apache Junction QR, oN. Development Services Department MEMORANDUM DATE• March 7, 2013 TO. The Honorable Mayor and City Council .-. THROUGH• George Hoffman, City Manager Brad Steinke, Development Services Director FROM. Roger S Hacker, Revenue Resources Manager SUBJECT. Indian Community State Shared Revenue Program Nonprofit Participation Policies Proposed Changes REQUEST Staff respectfully requests that the City Council adopt the proposed change to the policies governing the City's "sponsorship" of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program See Attachment 1 for a copy of the policies The proposed change is contained on Page 2 of the attachment in bold type. BACKGROUND November 2002 the voters of Arizona approve Proposition 202 which allows Native American communities to use a portion of their gaming revenues to establish grant program that would make "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." The law also stipulated that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency April 18, 2011 City Council receives an update regarding the Indian Community State Shared Revenue Program. Council asked staff to return at a future meeting to formally seek direction regarding how Apache Junction could "sponsor" local nonprofit organizations for participation in the program. May 3, 2011 City Council gives direction to staff to prepare a draft of policies governing the City's "sponsorship" of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program. June 6, 2011 City Council reviews and discusses the proposed policies .... ... Councilmember Waldron commented with the bull riding arena he will be down to 20 parking spaces which is insufficient for the business . It does not meet city requirements, even counting the 10o reduction the city gave him for the requirement. The parking remains a problem. Mr. Mehmood Mohiuddin stated �' if the parking lot remains an issue, he understands that but so far he has a letter from the Elks and a signed lease from Zion. They have not had a problem for the last two years . He has a question for everyone. He believes he is being picked on for the parking issue. Mayor Insalaco commented he is not. Councilmember Barker stated he is not. Mayor Insalaco commented the man just said that if he changed the venue he would lose his parking. One does not have to have a college degree to understand that . If he changes the venue, the man said he would lose his parking. He has a letter from one trustee of the Elks. He knows better. One letter from a trustee is not going to do it. It has to go through the whole council . He does not have that. He has one letter from one trustee; that does not give him approval . Mr. Mehmood Mohiuddin asked if anyone had checked the parking problems for any other businesses . Councilmember Waldron commented the problem is the required number of spaces for the business . Every business is required to have so many spaces. Mr. Mehmood Mohiuddin stated that is correct . Councilmember Waldron commented his was reduced by 10% . REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 15 OF 31 Mr. Mehmood Mohiuddin agreed. Councilmember Waldron commented without Zion, and not counting the Elks, he does not have sufficient spaces if he puts the bull riding ring in. As Supervisor House said earlier, fact is fact. The fact is he does not have enough spaces just to meet the city code. Councilmember Serdy commented as of right now he has Zion. Councilmember Waldron commented Zion has said they would withdraw. Councilmember Serdy commented but as of right now he has plenty of spots Mayor Insalaco asked if they could ask Mr. Kunkle to come back up. City Attorney Joel Stern stated they may but they may also want to open it back up as he is a member of the public. Councilmember Serdy commented Councilmember Wilson has lost his voice and requested him to ask a question regarding the public address system. He wanted to know how loud it will be and how it will be directed. Although there will not be music, sometimes a public address system can be annoying. He asked him to explain how that might work. Mr. Mehmood Mohiuddin stated the small speaker is going to be on the fence at ground level. They are not installing huge speakers . They will be small speakers installed in the ground and they will be sound sufficient. They will make sure the sound is not going out to the neighborhood. Councilmember Barker commented she thinks it is important for the neighbor who came up and spoke to know that the intent is to only do this between 8 p.m. and 10 p.m. They are not looking at an all-night venue that would keep him up. That was one of the concerns voiced. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 16 OF 31 Mr. Mehmood Mohiuddin stated if it happens it will start about 8 p.m. Councilmember Barker commented it is only one night a week now. Mr. Mehmood Mohiuddin stated that is correct . Councilmember Barker commented it had been two. Mr. Mehmood Mohiuddin stated the other night is a practice night . There are no announcements or anything. They have not picked a day yet . It could be Wednesday or Thursday. The bull riders will just be practicing for one hour. Vice Mayor Dietz asked if there is like a circuit that they run where they hit different places, or is it a seasonal thing. Mr. Mehmood Mohiuddin stated that is correct . The bull riders submit their entry fees to the stockholders . On Friday night they ride at Buffalo Chips . They compete over there and the second and third place bull riders make $200 or $300, depending on the entry fee. It is 100% pay back. If they have Fridays at Buffalo Chips, they can then attract them to his place if they have it on Saturdays . Most of the bull riders go to Moonshine Willie' s in Florence on Saturdays. They also have bull riding. He will not get every bull rider. He will just get local people like from Tempe, Mesa, Chandler and Apache Junction. There are about 10-15 from Apache Junction that compete. Mayor Insalaco asked how many riders he can get in an hour. Mr. Mehmood Mohiuddin stated they can get that information from the bull riders . He honestly does not know. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 17 OF 31 Mayor Insalaco commented he was curious . He has an hour to get everything set up. He reopened the public hearing on the item. Mr. Jim Kunkle asked if there was a rodeo venue about a mile away. Mayor Insalaco commented it is on Bureau of Land Management land and it cannot be used for private use. Mr. Jim Kunkle stated he understands that, he was just thinking about competition. He asked if that would be a better venue than up on the corner in front of his business . Councilmember Barker commented they cannot do it there. Mr. Jim Kunkle asked if they do not have rodeos there. Councilmember Serdy commented it can only be used for nonprofits due to Bureau of Land Management rules . Everything has to be donated. Mr. Jim Kunkle stated he was not talking about profit . He just wanted to know if that is a better venue than by the road up here. Councilmember Barker commented she is not sure that is completely accurate, not from being in front of his business but the venue itself. From what she understands from the letters they received and the people to whom she has spoken, the smaller ring is actually better for this kind of sport than the larger ring down at the rodeo grounds because it is safer to have them in a small ring than in a huge ring. She asked if his lease for parking was still in force. Mr . Jim Kunkle stated it is in force until the venue changes . When the venue changes, the agreement has to change. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 18 OF 31 Councilmember Barker asked if he was saying he will stop the parking or he will simply change the agreement . Mr. Jim Kunkle stated he and Mo have an agreement that the agreement will continue as long as the venue does not change. If either of our venues change, the agreement has to change. Councilmember Barker commented that is not written in the agreement . She asked if he was aware of that. Mr. Jim Kunkle stated they have a verbal agreement. He thinks Mo can bear that out. We agreed that the agreement would be open-ended unless either of our venues change. If Mo took over his business, he would have to get out . If he takes over Mo' s business, he would have to get out. Councilmember Barker commented any business needs "x" amount of parking spots by city ordinance. She is trying to find out if he is saying that he will terminate the agreement period or will he simply change the agreement if he gets this new venue. Mr. Jim Kunkle stated the agreement will have to change. Councilmember Barker .•. commented he is not saying that he would terminate the agreement . Mr. Jim Kunkle stated he would not . Councilmember Barker commented that was her question. That piece of property is still available, possibly at a higher price, but it sounds as though it may still be available to him even if the venue were to change. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 19 OF 31 Councilmember Serdy commented he had some concerns earlier about if there was trash and refuse then there would be a problem. Mr. Jim Kunkle stated he has sanitation concerns and wanted to make sure there would be sufficient porta-potties . p Councilmember Serdy commented as long as there are no problems there would not be any parking problems . He is concerned about it, but if they manage those problems, he should have no problems. Mr. Jim Kunkle stated he managed clubs for 30 years and he knows that when you get a bunch of people drinking and having fun there will be trash and sanitation problems. Councilmember Serdy commented if they go out every night or morning and pick them up there would be no problem. Mr. Jim Kunkle stated hopefully that happens . Councilmember Serdy commented it is their responsibility to do that . Councilmember Barker asked if he is currently having problems . p Mr. Jim Kunkle stated they are having minor problems . He thinks people are intentionally putting bottles, cans and trash in the rented spot, which is ours . Councilmember Waldron commented he will have sufficient parking spaces even if the venue changes. Mr. Jim Kunkle stated it depends upon how Mo wants to negotiate the agreement . REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 20 OF 31 Councilmember Waldron asked what that meant . Mr. Jim Kunkle stated as we have agreed that when the venue changes the agreement has to change. Councilmember Waldron commented he understands that. He is curious because he needs parking spaces and it is an issue. He would hate to see this go through and then him lose the spaces that he has . Mr. Jim Kunkle stated that is entirely up to Mo and Z . City Attorney Joel Stern asked Mr. Kunkle if when he states venue he means the use of the property. Mr. Jim Kunkle stated he now has a pizza restaurant, bar and convenience store The rodeo changes the venue. City Attorney Joel Stern commented that he means the use. Mr. Jim Kunkle stated that is correct . Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Vice Mayor Dietz asked if anything would be done to address the police department' s concerns . They did not recommend this going through because of public safety concerns . He does not know if anything is going to be done to take care of that or appease the police department. They are talking about the speed on Highway 88 . Without a paved deceleration lane coming into the property there is injury potential . He thinks that is the main issue they have. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 21 OF 31 Deputy Chief Tom Kelly stated they discussed it further and the concerns they voiced before still stand. The main concern is the high volume of traffic back and forth. They can anticipate, but there is no saying it will happen and no saying it will not happen. They are concerned about public safety and accidents on the road and the multiple trailers coming in and how they will do it . There was some suggestion that they detour around but there is no way to do it. There is no way to insure that someone will drive a half mile around with any consistency. The traffic going north and south, up to the lake and back, is of concern. They have checked with Arizona Department of Transportation and they have indicated through the applicant that there is no need for the deceleration lane. That is all verbal; there is nothing in writing. Vice Mayor Dietz asked if he thought there should be one for safety reasons. Deputy Chief Tom Kelly stated he believes, from the review of the traffic side, the concern was about the vehicles slowing down to get into the arena area, unload the bulls or equipment, depending on what the traffic is. This is all anticipating how much will be in and out . It is all guesstimation. There could be 5 or 10 trailers or 100 trailers. There could be 20 people or 1, 000 people. He does not know. Mayor Insalaco commented he is saying it will only be between 8 and 10 but the bulls will probably get there earlier when traffic is a little heavier. Deputy Chief Tom Kelly stated there is a lot of information going back and forth from what they were told that seems like a lot of speculation. It is what could, what should and what might. There is nothing stating the amount of trucks. Councilmember Barker commented the letter from the Department of Transportation states they have determined that at this time the proposed plan will not have an impact on our highway facilities in this area. Of course, they do not have to patrol the area. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 22 OF 31 Deputy Chief Tom Kelly stated they do not want to spend the money. Councilmember Barker commented any costs would have to go to the property owner. Arizona Department of Transportation reserves the right to review and comment on any and all development plans for the area as to any impact they may have on the state highways . Their process is laboriouslylong, g, we all know that . She commented to Rudy there appear to be quite a few things that are kind of out there. They talked about fences and he said he would build it seven feet high or whatever. She asked what the city requires . Senior Planner Rudy Esquivias spoke from the audience. He stated to amend the agreement it calls for a new, eight foot tall, screened chain link fence. It will require a permit and it will need to be engineered. Mr. Mohiuddin has indicated the fence company is providing a type of screening material that is acceptable for that type of fence. They are proposing an 8' fence basically on the Highway 88 side and on the Lost Dutchman side. The fences which contain the arena are interior to that 8' fence. Councilmember Barker asked if there is a specified height . Senior Planner Rudy Esquivias stated the interior fence is a 6' fence. They have a new item submitted after they were given the staff report . A rodeo consultant suggests a 7' fence immediately around the bull arena which would preclude the need for two, side-by-side, 6' fences . It is new information; what was proposed for the interior fences was two, 6' tall barrier fences . Councilmember Barker asked what kind of distance is between the two fences . Senior Planner Rudy Esquivias estimated three feet. Councilmember Barker commented there is 3' to 6' on the south. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 23 OF 31 Senior Planner Rudy Esquivias stated that is 8' 6". Mayor Insalaco commented they will have an 8' fence all the way to the corner. He asked how people could see around it while driving. Senior Planner Rudy Esquivias stated the North Apache Trail right-of-way is actually wider than the paved surface itself. Vice Mayor Dietz asked what the right-of-way is . Senior Planner Rudy Esquivias stated it varies but he believes in that area it is about 100' to 150' . The existing planters will remain. The new fence will be located behind the corner planter. Councilmember Evans commented this is not an engineered plan. Senior Planner Rudy Esquivias stated that is correct. Councilmember Evans commented this is Dust a conceptual plan. The right-of-way can be different from what it looks like here. Senior Planner Rudy Esquivias stated they then get into the issue of what has been dedicated and what has not been dedicated. According to current assessor information, the right-of-way on Lost Dutchman is still a 33' federally patented easement. The street plan calls for an eventual 100' right-of-way on Lost Dutchman but that is more of an engineering question as to if they really need 100' of right- of-way in that area. The property has not been rezoned so the city has not had need or an opportunity to request additional right-of-way on Lost Dutchman. The right-of-way is Arizona Department of Transportation and is probably as wide as it will get . The question for the city is if the city will ever see a need for a 50' wide right-of-way or 100' wide right-of-way on REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 24 OF 31 Aft Lost Dutchman where it heads into single family residential neighborhood. Councilmember Evans commented the city does not have a problem where the loading gate comes in off of Lost Dutchman. Senior Planner Rudy Esquivias — stated they had a meeting in December with Mr. Mohiuddin and the city engineer and he expressed no concerns for the turning movement in that area. Mayor Insalaco asked where the trucks would be parked. Senior Planner Rudy Esquivias stated Mr. Mohiuddin stated once they are unloaded they will park in the Zion lot. Vice Mayor Dietz asked if the right-of-way on Highway 88 can be used as a deceleration lane. Senior Planner Rudy Esquivias stated that is Arizona Department of Transportation' s call . The conversation he had with Ms . Marin was their comments are based solely on the site plans provided to them by Mr. Mohiuddin. It appeared to them that all the activity would be within the property lines . They did not see an impact to their highway facilities . However, if in the future they determine this to be an issue, they do have the right to address the issue. He specifically asked her what would be required to determine if a 'N. deceleration lane is needed. Similar to our own engineering requirements, a traffic study and warrant study would be done. Everything must be done by a civil engineer with recommendations made and the proper process gone through to determine if a deceleration lane is needed. Since it would be privately initiated, it would all be at Mr. Mohiuddin' s expense. Arizona Department of Transportation does not have any plans now to do any additional construction on Highway 88 . Vice Mayor Dietz commented that would cost some money. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 25 OF 31 City Manager George Hoffman asked if development services can readdress the parking issue if a business gets wildly successful once the city has issued its permits and is proceeding. Senior Planner Rudy Esquivias stated if it is a public safety issue they have some leverage. If they otherwise meet the minimum parking standard, that is basically what any business would be required to do. City Attorney Joel Stern commented the question is would it become a public nuisance, meaning public safety. To change a development agreement for that reason they would have to have actual incidents of things that had happened; things that were bad that they could point to. Otherwise he did not think they can go back and change it . He does not know if you could make a current restaurant in town that is wildly successful buy another parking lot. It would be a taking under the Arizona Constitution. Councilmember Waldron asked what issues still have to be addressed for this development agreement . Senior Planner Rudy Esquivias stated the adoption of a new site plan and a new item in the development agreement is the condition that if both of the offsite parking areas go away, then the bull riding activity would have to cease until such time as Mr. Mohiuddin procures shared parking elsewhere. They are the two items being proposed under this amendment. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker commented she does not have a problem with this facility but she does have a problem with the liquor license. She MOVED THAT THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OWNERS OF THE HITCHING POST AND DASH IN PROPERTY IN ORDER TO EXPAND THE DEVELOPMENT TO INCLUDE A BULL RIDING ARENA AND RELATED ACTIVITIES ON THE REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 26 OF 31 PROPERTY BE APPROVED WITH THOSE ITEMS THAT RUDY SPOKE OF JUST MOMENTS AGO IN THE AGREEMENT, THE PARKING, ET CETERA. Councilmember Waldron SECONDED THE MOTION. VOTE: 2-5 (Vice Mayor Dietz, Councilmember Wilson, Councilmember Evans, Councilmember Waldron and Mayor Insalaco voted in opposition. ) (Vice Mayor Dietz commented it is real tough with the safety concerns of our police department and I really stand by them. ) (Councilmember Wilson commented he is torn from both sides . If it was anywhere else on a bigger lot he would not have a problem with it . He has talked to a lot of citizens who have come to him and talked to him concerning this and they are very, very concerned about the location being right next to the corner there. They have expressed it repeatedly to him. It is one of the most common things people have come to talk to him about lately. ) (Councilmember Barker commented although she too shares the concerns of public safety, she would vote yes . ) (Councilmember Serdy commented he thought he had answered all the questions and has not lost the parking yet . ) (Councilmember Evans commented she loves bull riding, and having twenty-five years in real estate, it is all about location. If the site were larger there would be no issue. The fact is they do not know how successful it will be, and they do not know if there will be people parked all along Lost Dutchman and Cortez; they do not know how many people are going to be there. ) (Councilmember Waldron commented it is a tough one because he is very concerned for the people that live behind this venue. If he is wildly successful, which they always wish a business is, because of the location it could be a detriment to the property owners behind it. He had to agree with Councilmember Wilson in that this has been the most commented upon one that there is. ) The motion failed. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 27 OF 31 Mayor Insalaco called for a motion on Item Number 6. Councilmember Barker MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON (A) THE CONCERNS ABOUT PARKING AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 16, 2013; (B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 10, 2013; AND (C) THE DIAGRAM ATTACHED TO THE APPLICATION IS VAGUE AND LACKS SPECIFIC MEASUREMENTS SHOWING THE DISTANCES INVOLVED IN THE EXTENSION - TAKE OFF (C) BECAUSE WE NOW HAVE A MORE SPECIFIED DIAGRAM. Vice Mayor Dietz SECONDED THE MOTION. Councilmember Serdy asked if there would be a need for a liquor license since the development agreement was not approved. Vice Mayor Dietz commented it is a public hearing and they have to go through it . City Clerk Kathleen Connelly stated it is still an application. Councilmember Serdy commented if this passes he would have a liquor license to nowhere because he does not have the venue. Councilmember Barker commented that is correct . There was general discussion on what they were voting on and what a yes vote meant . VOTE: 6-1 (Councilmember Serdy voted in opposition. ) The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 28 OF 31 .... p OLD BUSINESS None. NEW BUSINESS APPOINTMENT OF DEPUTY CITY MAGISTRATE ) Ask City Magistrate James Hazel briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Evans MOVED THAT PAULA BURGESS BE APPOINTED AS A DEPUTY CITY MAGISTRATE FOR THE TERM OF APRIL 1, 2013 THROUGH JANUARY 15, 2015; AND THAT THE APPOINTMENT BE EFFECTIVE FOR SAID TERM AFTER THE EXECUTION OF HER RESPECTIVE OATH OF OFFICE. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MARCH 18, 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 19, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 29 OF 31 Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. 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 February 19, 2013 . ACCEPTED THIS 19TH DAY OF MARCH, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF MARCH, 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 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 March, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . A .. Dated this 13th day of March, 2013. 2Z;& .(11L-,- (,/4- KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 31 OF 31 �pACN � • • y`'= CZ' of Apache Junction Home of`the .S'uperctition Mountains Print TO City Manager's Office FROM: Kathy Connelly, City Clerk DATE• March 19, 2013 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Proposed Resolution No 13-03, declaring and adopting the results of the primary election held on March 12, 2013 ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The primary election was held on March 12, 2013 State law requires that the council convene not less than 6 days nor more than 20 days following the election for purposes of canvassing the returns of the election This item gives council the opportunity to approve the results of the election. FISCAL IMPACT: OPTIONS/ALTERNATIVES RECOMMENDATION: ATTACHMENTS: Click to download u cover memo MARCH 4, 2013 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR MARCH 18 WORK SESSION AND MARCH 19 REGULAR MEETING (RESOLUTION NO. 13-03 CANVASS OF VOTES) Arizona Revised Statutes §16-642 (A) requires that the appropriate governing body (City Council) convene not less than six days nor more than twenty days following an election for purposes of canvassing the returns of the election The information that should be contained in the canvass of votes includes the total number of ballots cast, the number of ballots to be verified, the number of voters determined to be ineligible, the number of votes cast for each candidate and the names of those elected at the primary election and, if applicable, the names of those running in the general election and the number of votes cast both for an against any ballot proposition. Even though the law does not specify that the canvass must be in the form of a resolution, this has been the accepted format in Apache Junction as well as most other Arizona cities and towns. Because of the statutory time frame allowed for verification of provisional ballots, the resolution may not be available until the March 18 work session. Upon the filing of any outstanding post-primary Campaign Contribution and Expenditure Reports, certificates of nomination will be provided to the appropriate candidates Certificates of Election will be provided to the successful individuals when they take office in June or sooner for anyone newly elected in conjunction with the recall portion of the election. Please contact me if you have any questions RESOLUTION NO. 13-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 12 , 2013 . WHEREAS, the City of Apache Junction, Pinal and Maricopa Counties, Arizona, did hold a primary election on the 12th day of March, 2013 , for the nomination/election of a Mayor and three Councilmembers and a proposition for the continuation of one Local Alternative Expenditure Limitatior.. (home rule option) ; and WHEREAS, pursuant to A.R. S . § 16-642 (A) , the election returns have been presented to and have been canvassed by the City Council . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Pinal and Maricopa Counties , Arizona, as follows : SECTION 1 . That the total number of valid ballots cast at the primary election as shown by the poll lists was 3 , 418 . SECTION 2 . That the total number of ballots to be verified (provisional ballots)was 26, and that of the 26 ballots to be verified (provisional ballots) the total number of voters found to be ineligible was 4 , leaving the total number of ballots cast to be 3418 as indicated in Section 1 above. SECTION 3 . That the votes cast for the candidates for Mayor were as follows : Name Vote Total Insalaco, Jonn 2654 SECTION 4 . That the votes cast for the candidates for Councilmember were: Name Vote Total Evans, Gail A. 1773 Falzone, Theresa G 827 Rizzi, Christa 1529 Schroeder, Robert 898 Smithson, Clark L. 1114 Struble, Jeff 1042 Waldron, David 1604 RESOLUTION NO. 13-03 PAGE 1 OF 2 SECTION 5. That the votes cast for the proposition for the continuation of the Local Alternative Expenditure Limitation (home rule option) were : For the Proposition 2330 Against the Proposition 665 SECTION 6. That it is hereby found, determined and declared of record that the following candidates did receive more than one- half of the total number of valid votes cast and are hereby issued certificates of election upon filing any required campaign contribution and expenses reports and as set forth in the Apache Junction City Code. Insalaco, John Evans, Gail A. SECTION 7 . This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF 2013 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ..3-18-13 RICHARD J. STERN City Attorney RESOLUTION NO. 13-03 PAGE 2 OF 2 eik City of Apache Junction Page 1 at March 12, 2013 Primary Election Cumulative Report Registered Voters 15943-Cards Cast 3418 21 44% Num Report Precinct 3-Num Reporting 3 100 00% Mayor-City of Apache Junction Total Number of Precincts 3 Precincts Reporting 3 100 0 % Vote For 1 Total Votes 2734 INSALACO,JOHN S. 2654 97 07% Write-in Votes 80 2 93% Council Member-City of Apache Junction 1 otal Number of Precincts 3 Precincts Reporting 3 100.0 % ote For 3 Total Votes 8807 EVANS,GAIL A. 1 773 20 13% FALZONE,T HERESA G 827 9 39% RIZZI,CHRISTA 1529 17 36% SCHROEDER ROBERT 898 10.20% SMITHSON,CLARK L 1114 12 654(0' STRLBLE,JEFF 1042 11 83% WALDRON,DAVID 1604 18.21% Write-in Votes 20 0.23% • Prop 100-City of Apache Junction Total Number of Precincts 3 Precincts Reporting 3 100 0 % Vote For 1 Total Votes 2995 YES 2330 77.80%i NO 665 22 20% City of Apache Junction Page 2 of 7 March 12,2013 Primary Election Statement of Votes Cast TURN OUT Reg Voters Cards Cast % Turnout CITY OF APACIII.JUNCTION(C ACTI IS CANYON IR 111G11[ PREC l.3 44 01 t 46 02 1 47 01 147 02 Polling 6582 158 2 40% Early 6582 1189 18.06% Provisional 6582 8 0.124E Total 6582 1335 20.39% CITY OF APACIIF IUNC'11ON[SUPERSTITION MOUNTAIN EL±MKVTARY[-PRFC OM.40 02142 Poll ing 5752 83 1 44% Early 5752 1223 2126% Provisional 5752 6 0.10% Total 5752 1312 22.81% CITY OF APACIIF II INCTION[FOUR PEAKS ELEMENTARY)-PREC#1 sl 45 02 t 56 02/57 02 1 58 0 Polling. 3609 101 2.80% Early 3609 642 17 79% Provisional 3609 8 0.22%; Total 3609 751 20.81% Total Poll u g 15943 342 2 15% Early 15943 3054 19 16% Ptovis nrirtl_ 15943 22 0.14% Total 15943 3418 2144% City of Apache Junction Page 3 of 7 March 12, 2013 Primary Election Statement of Votes Cast Mayor City of Apache Junction Reg Voters Vote Total Votes '1NSAI.ACO JOIN S Write-In Votes Foi Jurisdiction Wide CITY OF A PAU W JUNCTION[CACTUS CANYON JR HIGH)-PREC 1!(s) 44 01.+46 02/47 01 t 47 02 Polling 6582 I 1.31 126 96 18% 5 3 82% Early 6582 t 971 950 97 84% 21 2.16% Pros isnot& 6582 1 5 3 60 00% 2 40 00% Total 6582 3 1107 1079 97 47% 21 2.53% CITY OF APACHF JUNCTION[SUPE1RST1TION MOUNTAIN Li f MEN 1 ARV)-PREC N(s)40 02/42. Polling 5752 1 69 65 94 20% 4 5.801 i Early 5752 1 996 975 97,19% 21 2 11% Provisional .� 57r52... 1 4 410Q,00% 0 0.00% Tntnl t752 3 1069 1044 97 66% 25 2 34% (ITN OF APACHL JUNCTION IFOUR PLAKS ELEMENTARY)-PREC al s► 45 02/56 02 i 57 02158 0 Polling 3609 1 68 60 88.24% 8 II76% Early 3609 1 413 465 96 27% 18 3 73% Pros monal 3609 1 7 6 85.71% t 1429% Total '609 3 558 531 95 16% 27 4 84% Total Polling 15941 3 268 251 93.66% 17 6 34% Fatly 15943 3 2450 2390 97 55% 60 2 45% Pion ieional _ 15943 3 16 13 81 25% 3 I875qq. Total I 15943 9 2734 2654 97.07% 80 2 9Y.Q City of Apache Junction Page 4 of 7 March 12, 2013 Primary Election Statement of Votes Cast Council Ivtrmtxr-C'ity of Apnchc Junc(ns1 Reg.Votcrs Vote For Total Yaks I'VANS GAIL A FAL7ON1, THhR1 SA Cr. hxisdicuan Wide CITY OF APACHE IIINC110N[CACTUS CANYON IR HIGIII PREC NO 44.01/46 02 1 47 01 1 47 02 Polling 6582 3 415 69 16 63% 28 6 75% Earty 6582 3 3022 621 20 55% 276 9 13% Pray marital '- $�� _.a_.. 1 _ 22 3 t364..,: 3 1364!': Total 6511: 9 3459 693 20 03: 307 E 88% ore OF APACHE.J(JNt:i1t1N ISOPF:R9`TITlCJN MOUNTAIN H FM(.NCARYI-PRF:C✓v(s) 40.02 d 42 Polling 5752 3 232 44 18 97% III 7 76% Early 5752 3 116E 652 20 58% 325 10 26% Prey mama' _._ 5752 3 17 2 1 1 76% 0 0 00% 'Total 5752 9 3417 698 20 43% 343 10 04% CITY OF APACIIF JUNCTION 1F01)11 PL•AkS ELEMENTARY MFNTAR.Y I-PREC Nts) 45.02/56 02/57.02158,0 Polling 3609 3 279 52 18 64% 31 1111% Early 3609 3 1629 329 20.20% 144 8 84% Provi onil _ 3609 3 23 1 4 35% 2 8 705: Total 3609 9 1931 312 19 78% 177 9 17% Total Polling 15911 9 926 165 17 32% 77 3 3.2% Early 15943 9 7819 1602 20 49% 745 9.53% Piuvt5ional 15943 9 62. 6. 9 68%. 5 8 06% Total 15943 27 8307 1771 20 13% 1127 4 39% City of Apache Junction Page 5 of 7 March 12, 2013 Primary Election Statement of Votes Cast _ Council Member-City of Apache.Junction 1 RI771 CHRISTA SC'11ROEUER SMITHSON C1.ARK S7Rtflll.E,JEFF ' ROBERT 1 JumcdLtion Wide CITY OF APACUHI_itiNcrit)N(C.A(.11 s CANYON JR IIaEAI-Mir 40) 44011 4602 i 47 01 1 4702 Polling 55 13 25% 50 12 05% 64 15 42% 65 15.66% Early 551 18 23% 306 10 13% 378 12..51% 335 It 09% Provisional 3 13 64! 1 4 55% 4 18 IR% S 22 71% Total 609 17 61% 357 10 32% 446 12 89% 405 1171% CITY OF APACJW JUNCTION(SUPERSTITION MOUNTAIN I>LPMEN'TARY j-PREC Its) 40 02142. Polling 26 1121% 26 I 1 21% 36 15 52% 34 14:(,% Early 545 1720% 336 10.61% 386 1218% 349 11.02% 1 Provisional , 3 17.65% 2 11,76% 2 1 kit% 4 215 Total 574 16 80% 364 10 65% 424 12 41% 187 1 1 11% C1"IY OF APAUIII JUNCTION[EOM PEAKS ELEMENI ARti j PREC Ails) 45 02/S6 0215702 i 58.0 Polling 44 15 77% 25 8 96% 36 12 90•%. 19 13 98% Early 297 18 23% ISO 921% 201 12:46% 206 12 6S% Provisional 5 21,74% 2 8 70% 5 21 74% 21 74% Total 346 17 92% 177 9 17% 244 I2 64% 250 12 95% 1 Total Polling 125 13 50% 101 10 91% 136 14 69% 138 14 90% Early 1191 17 82% 792 10 13% 967 12 22% 890 1.1 38'ti Provisional 11 17.74%. 5 8 06% 11 17 74%. ___..._14...._22 5844, • Total 1529 17 36% 1198 1020% 1114 1265% 1042 1183% 3 City of Apache Junction Page 6 at 7 March 12, 2013 Primary Election Statement of Votes Cast r ` (.rnmrtI Mcmi+ct-Cm of Apache tunctmn WAl l)RON i)AVID Write-la Votes 3trtsdicttnn Wide CITY OF APACHE JUNCTION(CACTU4 CANYON JR HIGH)-PRFC'is) 44,01 f 46.02/4701/47,02 Pulling 84 20.24% 0 0.00% Early 546 I R 07% 9 0 30% Pats mina) 3 13 64% 0 0 00% Total 633 18 30% 9 0 26% CITY('3F APACHtb)LlNCi3ON(SUPI`RS7iTIONMOUNTAIN ELEMENTARY(TARY( PRI;C fits) 40 02 142 Pulling 48 2069% 0 000' Carly 570 17 99% 5 0 16% Provisional 4 23.53% 0 0,0O% Total 622 18 20% 5 0 IS% CITY Of APACHE JUNCTION(FOUR PLANS LLLMENTARY)-PRLC 4(s) 45.02/5h ill/57 02 i 38.0, Polling 52 18 64% 0 0,00% Early 294 18 05% 6 0 37% Ploy Krona! 3 13114% 0 ©.(Ifs. Total 344 18 07% ti 0 31% Total Polling 18-1 IR.87% 0 0.00% Early 1410 1803% 20 0.26% Ptytyis+anal 10 16.13% 0 0.0010 Total 1604 18.2I% 20 0.23% cpACH '1n z City of Apache Junction 4„, Or'P Development Services Department MEMORANDUM DATE: March 19, 2013 TO: The Honorable Mayor and City Council FROM: Roger S Hacker, Revenue Resources Manager SUBJECT. Indian Community State Shared Revenue Program Nonprofit Participation Policies Proposed Change Pursuant to the discussion during the March 18, 2013 City Council work session, staff has amended the language of the proposed change to the Policies If approved by the City Council, Section I would be amended in its entirety to be and read as follows I CONSIDERATION FOR SPONSORSHIP An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e g current business license), provides a service to the residents of Apache Junction ;-and,at the disc , satellite office) The amendment removes from consideration for sponsorship the mandate that a non-profit organization has a physical presence in the City All other portions of the Policies remain as written Attached is the relevant page from the Policies with the amendment included Attachment One Indian Community State Shared Revenue Program Nonprofit Participation Policies Page 2 Attachment One Communities choose to support nonprofit tribal grant applications because 1) the law stipulates this role for municipalities; 2) it is a way to address local needs that government cannot (e g social services), 3) it is a way to assist local nonprofits; and 4) it is considered being a "good neighbor" Some tribal entities formalize the relationship between themselves and the pass through municipality by using an Intergovernmental Agreement (e g Fort Mc Dowell Yavapai Nation) See Addendum 1 Other tribal communities (e g Gila River Indian Community) do not formalize this relationship rather they encourage the pass through municipality and the nonprofit organization to develop their own contractual agreement if so desired See Addendum 2 for a sample Grant Pass Through Agreement that the City could utilize CRITERIA I CONSIDERATION FOR SPONSORSHIP An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e g current business license), provides a service to the residents of Apache Junction and, at the discretion of the City Council, has a physical presence in e e g _bbTa_nG-11 Tce satellite office) II. NON COMPETE An organization may be considered for sponsorship if its grant application is not determined by City staff to be in competition with an application to be submitted by the City to the same tribal community during the same funding cycle III PROCESS TO BE UTILIZED Grant Initiated by Nonprofit Organization An organization wishing to be sponsored by the City should initiate contact with the City's Revenue Resources Manager The organization will provide information as requested by the Manager in a timely fashion so that the necessary City Council reports may be prepared The Revenue Resources Manager will present to the City Council a report summarizing the organizations seeking sponsorship, the projects to be funded, and a recommendation on whether or not to sponsor the agency This information will be presented to the City Council during regularly scheduled work session(s) and City Council Meeting(s). Page 2 of 4 June 20, 2011 City Council reviews and discusses corrected version of the proposed policies August 2, 2011 City Council adopts the policies. DISCUSSION In preparing for the 2013 round of tribal grants, City staff has found that there are some nonprofits that provide services to City residents but do not have a physical presence in the community. As example, the American Legion Post #27 is not in the City but it provides transportation to City veterans to the Southeast Veterans Affairs Health Care Clinic. As the policies are currently written, the Post meets all other requirements but could not be considered for sponsorship because of its location. Staff thinks that the current language inadvertently eliminates some nonprofit organizations that provide vital services to City citizens To remedy the situation, staff is suggesting that the policies be amended by adding the following bold text I CONSIDERATION FOR SPONSORSHIP An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e.g. current business license), provides a service to the residents of Apache Junction, and, at the discretion of the City Council, also has a physical presence in the community (e g branch office, satellite office) The proposed amendment would remove the mandatory stipulation that a nonprofit have a physical presence in the City in order for the organization to be considered for sponsorship by the Council for a tribal grant application Instead, it gives the Council the option to require a physical presence in the City. RECOMMENDATION Staff respectfully recommends that Council adopt the proposed change to the Indian Community State Shared Revenue Program. Local Nonprofit Participation policies ACTION REQUIRED Staff respectfully requests that the City Council adopt the proposed change to the policies. Attachment 1: Indian Community State Shared Revenue Program: Local Nonprofit Participation (Adopted by City Council August 2, 2011) Page 2 Attachment 1 PPPCHF✓ U 2 CITY OF APACHE JUNCTION, ARIZONA INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM: LOCAL NONPROFIT PARTICIPATION Adopted by the City Council on August 2, 2011 PURPOSE OF DOCUMENT The purpose of this document is to delineate criteria which the City may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American communities. An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants Several Native American communities (e g Gila River Indian, Ak-Chin, Fort Mc Dowell Yavapai) exercised their option to retain and administer 12% of State shared revenue Known as the Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development " Typical tribal funding priorities include 1) public safety (police, fire, ems), 2) transportation, 3) health care services, 4) economic and/or community development; 5) education, and 6) environment The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a pass through for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency 1'agc 1 of 4 Communities choose to support nonprofit tribal grant applications because 1) the law stipulates this role for municipalities, 2) it is a way to address local needs that government cannot (e g social services); 3) it is a way to assist local nonprofits; and 4) it is considered being a "good neighbor". Some tribal entities formalize the relationship between themselves and the pass through municipality by using an Intergovernmental Agreement (e g Fort Mc Dowell Yavapai Nation) See Addendum 1 Other tribal communities (e g Gila River Indian Community) do not formalize this relationship rather they encourage the pass through municipality and the nonprofit organization to develop their own contractual agreement if so desired See Addendum 2 for a sample Grant Pass Through Agreement that the City could utilize CRITERIA I CONSIDERATION FOR SPONSORSHIP An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e g current business license), provides a service to the residents of Apache Junction, and, at the discretion of the City Council, has a physical presence in the community (e g branch office, satellite office) II NON COMPETE An organization may be considered for sponsorship if its grant application is not determined by City staff to be in competition with an application to be submitted by the City to the same tribal community during the same funding cycle III PROCESS TO BE UTILIZED a Grant Initiated by Nonprofit Organization An organization wishing to be sponsored by the City should initiate contact with the City's Revenue Resources Manager The organization will provide information as requested by the Manager in a timely fashion so that the necessary City Council reports may be prepared. The Revenue Resources Manager will present to the City Council a report summarizing the organizations seeking sponsorship, the projects to be funded, and a recommendation on whether or not to sponsor the agency This information will be presented to the City Council during regularly scheduled work session(s) and City Council Meeting(s) Page 2 of 4 The ultimate decision on sponsorship rests with the City Council As directed by the tribal communities, sponsorship will be determined by the adoption of a City Council resolution authorizing the submission of the grant application under the auspices of Apache Junction. See Addendum 3 for a sample resolution b Grant Initiated by an Indian Community Some Indian Communities accept grant applications only by invitation (e g. Salt River Pima-Maricopa Indian Community) In such cases, the Indian Community requests a nonprofit to submit a grant application that addresses a priority area of the Community, such applications still must be submitted through a sponsoring municipality If a nonprofit is requested by an Indian Community to submit a grant application that will address a need of the residents of Apache Junction, the City's Revenue Resources Manager will work with the Indian Community and the City Council to facilitate the honoring of that request IV STAFF RECOMMENDATION City staff will meet with an agency requesting sponsorship to determine if the agency 1) serves Apache Junction residents, 2) addresses an identified community need, 3) maintains necessary City registration(s), and 4) maintains Directors and Operators Insurance coverage (See Section V) Based upon this information, staff will prepare a recommendation of sponsor/do not sponsor and submit to the City Council for consideration. V DIRECTORS AND OPERATORS LIABILITY INSURANCE It is a good business practice for a nonprofit to maintain a Directors and Operators Liability Insurance Policy as part of its insurance package Such a policy protects the agency against allegations of wrongful acts or decisions that result in a financial loss. Nonprofit agencies seeking "sponsorship" by the City are encouraged to maintain such a policy and to name the City of Apache Junction as a co-insured An agency's financial inability to maintain such a policy will not eliminate an organization from consideration for sponsorship. VI ADMINISTRATIVE COSTS The City will incur some administrative costs (e.g. staff time) for sponsoring a nonprofit organization City staff will discuss with representatives of the nonprofit organization these costs and the possible reimbursement of them Inability to reimburse the City for these administrative costs will not eliminate an organization from consideration for sponsorship. Page 3 of 4 VII LIABILITY As noted earlier, some tribal entities execute Intergovernmental Agreements ("IGAs") between itself and the pass through municipalities. Such IGAs typically have language which holds the municipalities harmless for any malfeasances with the funds to be granted When possible, the City will execute an IGA with the tribal community See Attachment 1. When an IGA is not utilized by the funder, the City will execute a Grant Pass Through Agreement with the nonprofit receiving funds See Addendum 2. VIII MALFEASANCE Because its role is limited to that of a financial pass through, the City has no responsibility for the re-cooping of grant funds or the pursuit of legal remedies should malfeasance by the funded nonprofit organization occur during the life of a grant contract. Financial malfeasance would be covered by a standard Directors and Operators Liability Insurance Policy Malfeasance on the part of a nonprofit organization will preclude City sponsorship in future funding cycles. Page 4 of 4 p ROLL CALL VOTE 1 NOTES: j,1/, ), \ 4 i) qiCil 0 ITEM # MEETING OF MOTION BY 4)d SECONDED BY UOvi-/ YE NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER I VICE MAYOR DIETZ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMQUS IN FAVOR OPPOSED ABSTAINED TOTAL v ,^ CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO. 13-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES,ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 12, 2013, BE APPROVED, AND THAT THE APPOINTMENT OF GIAO PHAM AS PUBLIC WORKS DIRECTOR BE RATIFIED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CHANGES TO THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM LOCAL NONPROFIT PARTICIPATION, UNDER THE HEADING OF CRITERIA, SECTION 1 CONSIDERATION FOR SPONSORSHIP *pPC11 4 Ci o of A ache Junction U. 2 ✓ Home of the Sl?perstmon Al ountams +P1za14 P' Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE March 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 2(ate �'= City of Apache junction o r. Home of the Superstition Al ountarns 4pizovo' Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: March 19, 2013 Agenda Type • Regular Agenda Council Priority Focus Area• Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM• LEGISLATIVE UPDATE ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION• Staff will update the city council on current legislative issues that impact the city FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS. Click to download No Attachments Available pCN t� ,; J 114,f 1‘o CiOi of • Apache Jun;ion Home of the Superstition Mountains 4'1z01* Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: March 19, 2013 Agenda Type . Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON CITY MANAGER APPOINTED ART COMMITTEE RECOMMENDATION. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION. On September 14, 2012, council directed staff to have the city manager appoint a broad-based citizen committee with 5-10 members with the purpose of having the committee explore and bring concepts for public art to the city council The committee submitted their first recommendation to the city manager and staff would like to brief council on the report and recommendations. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Art Recommendation ... January 30,2013 To: George Hoffman,City Manager From Art Committee p Re: Recommendations on Next Step for Art Dear Mr.Hoffman, As appointees to your Art Committee,designed to bring forth recommendations for art concepts and funding opportunities for public art projects,we have met formally as a group on three occasions From those meeting,we have made some great initial progress and are prepared to present you our recommendations for next steps to advance public art in Apache Junction. Committee Recommendations • The City should complete the initial "Old West Highway" median(two remaining pedestals) which provides us the most immediate opportunity to continue the momentum of introducing new public art in the community. • The same type of art medium and the same artist whose work was first installed on the center pedestal should be utilized for the remainder of this segment of median. This provides an opportunity to fully complete this project with some continuity in design while utilizing a concept that has already proven to be well-received by the community. • While we have not yet identified or sought out specific funding for these projects we feel that, at such time we opt to do so, having an"approved" project in-hand will help funders recognize the planning and thought that has gone into the overall effort It is much more effective to have pictures that can help tell the story and actually see the project vision. Artwork Recommendations • East Pedestal Recommendation: The committee unanimously feels the attached sculpture entitled"Welcome to Downtown"would be a great addition to the art pedestal at the easternmost end of the Old West Highway median project. o Rationale We recognize the importance of reinforcing the downtown brand to visitors, of the three pedestals this has the most visibility to"visitor traffic"that passes downtown via Idaho Road;the "welcome"message acts as a greeting at the intersection where our area of concentrated commercial activity primarily begins. • West Pedestal Recommendation The committee unanimously feels the attached sculpture entitled"Apache Hunter"would be a great addition to the art pedestal at the westernmost end of the Old West Highway median project -• o Rationale: Reflective of the history of the pathway of the Apache Trail; it represents and embraces Apache Junction's early history and reminds us of our roots and who we are as a community;our namesake;the sculpture of the Apache would be placed at the point where the Apache Trail turns north, nearby Javalina dinner O;stood out to the group as a beautiful design with great detail on the sculpture. Committee Alternative Design Choices. While consensus was easily found among committee members on the two selected recommendations noted above,we also recognize that providing other alternatives or choices may be desired For that reason,the committee also unanimously felt there were two acceptable alternatives for the westernmost pedestal. • Alternative A for the westernmost pedestal: The Rancher(highlights our history of cattle and sheep drives;the committee did note, however,there is already a horse and cowboy at the Focal Point). • Alternative B for the westernmost pedestal: Lost Dutchman(highlights our history of gold mining; reminds us that the legends still live on;the committee did note, however,the Dutchman is utilized in several locations and well-represented already(i.e.,on all three entry signs)). Note The committee felt so strongly about reinforcing the Al brand at the easternmost pedestal that we do not have an alternative option for that location Next Steps: We respectfully submit our recommendations to you for consideration. While we are eager to continue our efforts and begin to seek funding opportunities,we want to ensure we are on the right track for what the City has in mind in terms of advancing this project We look forward to you presenting the ". information to the City Council and our community for some feedback and to ascertain if indeed this is something you would like us to continue to advance. We look forward to hearing back after you've had a chance to review,share and consider our recommendations. Sincerely, Art Committee Members Nick Blake Larry Johnson Gustavo McGrew Tess Nesser Martha Reinholz Christa Rizzi Sharon Stinard fr /'46., AI lir 44 r • • y.-1 • ♦ � LEGEND / su �E�sc' :. DOW W;° rJ. :F /•" S�.s ; 1 y ' � ' 4 �ryM s . ,.rJ,,. Tra '• 'fy, '" a e � "0 • Yk ri9i s�• t"" f,•-f^•I c .M's+r ✓ I - J,y, r rr„ r,,. r �.� ,i �✓:. f`"%�frv�a�..n7d.,��r"� �%"'`�Y f'7� � '+'`r� ,/r / `",/. r ''%i�7 y • ."f. f 9. i,r:+... ;ram T= �y"ryie•.tC31.is'4*7'YY.cr:f�'K'FX.*tt*lctf;.ti Wf"' 6 P : d `'' r�?'1 O Asmi. Ask soak .T..k , • ,; • . •-,i•1'.. , *P. .. PM !..:-• , . t,,,•,i ,--;., •:.--• -: 61 „„_'..';;. i,‘..''. / 1;,' (''• , ! oP, AI- ,,, ..,......... ( .. ., .. . . -40111 .. . , —out z . .... Ank, • . ,,, ., .., • , .,.„, , .. . , . • , --z )4;', 1 ' 4 ts • I 1... , . .. . . . 4 r( y • Ip ////r-"" .,'!, I �,fr-,f f f.,r!. f f/-?1^' t�rl.'sr+ r!-'.diei/1 �} �^• • �..7� r ` �r � i I �lfr• ✓ ftl-j'. ..G`- .- I> e-� f 'f .i' /` s_f f" � rf > r.-rf✓ � air � r sri r. .. - e THE MND-EK Ore1 1 . . . • • ' ' ' '' • ' ' . '' ' - ''' - .- :•:-/iV: . , . .. . . .,.. . . . . . . . , .-..-.. 00111116,01mr....._ '1eN7- V \41111 1(f*ILTIIIIPA /11\1P N■iir N.N....,. cA liv 4 v ,...... ... .... a ITEM NO. S DISCUSSION ITEM ONLY -NO ACTION AT THIS TIME ROLL CALL VOTE NOTES. A17 6,4/10 3101 '1' ITEM # MEETING OF ,,k MOTION BY: SECONDED BY iAiipt.A., 2 / YES NO ABSTAINED COUNCILMEMBER WALDRON i/ COUNCILMEMBER EVANS V COUNCILMEMBER SERDY V COUNCILMEMBER BARKER / COUNCILMEMBER WILSON /✓ VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /m\ /al ITEM NO. 9-10 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, APRIL 1, 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, APRIL 2, 2013, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: I I REG•) 6 IJ SPEC: CITY COUNCIL: P / A P I A P / A MAYOR INSALACO 40, VICE MAYOR DIETZ COUNCILMEMBER BARKER 4/ COUNCILMEMBER EVANS V • ✓ COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER WILSON t v �J TOTAL CITY STAFFl),)1\ 1;1 C� City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Deputy Chief Tom Kelly / 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: QI41A;